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Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....tion Tribunal Case No. 6 of 1977 by respondent No. 1 declaring the election of the appellant void and declaring responded No. 2 duly elected Chairman of No. 18 Narayanganj (South) Union Parishad, under P.S. Matlab, District Comilla as have been passed without lawful authority and of no......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......Mahmud Husain, CJ— This appeal by Special leave arises out of a judgment passed by a Bench of the High Court in writ jurisdiction summarily rejecting the petition filed for declaring the order dated 9 5-77 passed in Election Tribunal Case No. 6 of 1977 by respondent No. 1 declarin......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
.... AIR 1930 Bombar 44; Commissioner of Taxation Vs. Trustees of St. Mark's Glebe, 1902 Appeal Cases 416; Norman Vs. Norman, 1950 (1) All England Law Reports 1082. Lawyers involved: Ahmad Sobhan, Senior Advocate instructed by Abu Backkar, Advocate-on-Record-For the appellant. ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ...... Mahmud Hossain, CJ.—This appeal by special leave arises out of a judgment passed by the then Dacca High Court in Writ petition No. 127 of 1970 filed by the appellant challenging the orders of the respondents imposing urban tax amounting to Tk. 1,11,481.00 for the years 1964-65 to ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor repreÂsented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....R. Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other…&h...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... Not represented-Respondent No.3 Criminal Petition For leave to appeal No. 189 of 2006 (From the judgment and order dated 27-03-2006 passed by the High Court Division in Criminal Miscellaneous Case No. 3659 of...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....tion. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......structed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passed by the High Court Division in criminal Revision No.603 of 2005) ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....003 be stayed till disposal of the appeal. Ed. ......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ...... Kabir Chowdhury J. - The delay is condoned. 2. The petitioners Dock workers Management Board, Port Training Centre, Chittagong and its Chairman seek leave to appeal against the judgment and order dated 01.03.2005 passed by the High Court Division in Writ Petition No. 890 of 2003 making th......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... that the summons was served upon the appellant who was Respondent No.1 in the Miscellaneous Appeal No.7 of 1989 but in fact no summons was served upon him and other Respondent and consequently he had no knowledge about the filing of the appeal by the Respondent No.1 (herein), that he only of la...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......- The appeal has been filed against the judgment dated July 20, 1999 of a Single Bench of the High Court Division in Civil Revision No. 1825 of 1994 making the Rule absolute upon setting aside the order dated October 18, 1993 of the court of Additional District Judge, Narayangonj in Miscellaneou...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....rther extended till disposal of the appeal. Ed. ...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... No. 4255 of 1997.) Order: Amirul Kabir Chowdhury J.- Forest Ranger, Bhaluka Range Office and two other Officers being defendant Nos. 1-3 seek leave to appeal against the judgment and order dated 20.4.2004 passed by a Division Bench of the High Court Division in Civil Revision No. 4...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....mmat Rowshanara Begum and others .........Respondents Judgment July 10, 2006. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner Abdul Wadud Bhuiyan, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respo......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ...... Zahangir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by the High Court Division in Civil Revision No. 1571 of 2003.) ......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
..... Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......ructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Criminal Appeal No.34 of 2000 (From the judgment and order dated 14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998) ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
.... number of persons and the matter being thus informed a First Information Report was registered on the basis of which Khulna GRPS Case No. 2 of 1997 was started under Section 304A of the Penal Code read with section 101 of the Railways Act and after investigation charge sheet was submitted against t......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......urt Division in Criminal Appeal No.1361 of 2000) Judgment Amirul Kabir Chowdhury J.- At the instance of the state this petition for leave to appeal has been preferred against the judgÂment and order dated 27.08.2002 passed by the High Court Division in Criminal Appeal No.1361 of 2000 allowing......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....the land in suit i.e. land of plot No. 61 belonged to Barkatulla Tarafder who transferred the same to his wife Ayesha Khatun. The plaintiff and his brother are the owners of the land of plot No.60 adjacent to plot No. 61. The deed of exchange was made between defendant No.1 on one side and the d...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... of the discussions and the view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J The Governor, Bangladesh Bank, Head Office, Dhaka…………..Appellant Vs M. Habibu......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......structed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
.... Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………….Appellant (In C.A. ......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......sented- Respondent Nos. 2-3 (In C.A. No. 32 of 1999) Not represented- Respondents (In C.A. Nos. 31 & 33 of 1999) Civil Appeal Nos. 30 and 31 of 1999 (From the judgment and order dated 1 December 1998 passed by the High Court Division in Writ Petition No.2775 of 1998 in b......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and others ....................Petitioners (In C.P. No 50 of 2006) Vs Bangladesh represented by the Secretary, Ministry of land, Bangladesh Secretariat, Ramna, Dhaka and......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......espondent Nos.1-4, 6-42 (In C.P. No. 1735 of 2005) Not represented- Respondent Nos.1-4, 6-45 (In C.P. No 50 of 2006) For Leave to Appeal No.1735 of 2005 (From the Judgment and order dated 31.08.2005 passed by the High Court Division in Writ Petition No. 3941 of 2002.) ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....d with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik stating, inter alia, that after execution and registration of deed......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the judgment and order dated 30.10.2001 passed by the High Court Division in Civil Revision No. 4207 of 1996.) ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....am J Md. Baker Miah and others............Appellants Vs Shamsun Nahar Begum...........Respondent Judgment July 16, 2006 Lawyers Involved: A. J. Mohammad Ali, Attorney General, instructed by Md. Nawab Ali, Advocate-On-Record- For the Appellants ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....llow the plaintiff to remedy the defect at a later stage, on the view that the defects are of technical nature relating to matters of procedure curable at any time. Even if the power of attorney was bad the mischief of the provisions of Order VII rule 11 (a) or (d) CPC is not attracted and the prope......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......se for the learned SCC Judge was to set a next date for the plaintiff to take steps for rectification of the errors in respect of appointment of the attorney and at that stage instead of passing such order, order of rejecting the plaint is misconceived………………….(18 & 20) Error in ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
.... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commission, Secretariat & others.....…………â€......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......Âstructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 5. Not represented — Respondent Nos. 1 to 4 and 6 to 11. Civil Appeal No. 3 of 1990. (From the judgment and order dated 19.11.1989 passed by the High Court Division, Dhaka, in Writ PeÂtition No. 955 of 1989)......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
.... in favour of the respondent and his partner, witness No.4, that as there was not sufficient money in the bank, two cheques were returned and Tk.15,000/- was paid and the third cheque of Tk.20,000/- had been retained by the complainant, that the accused-appellants had not paid the amount of Tk. 68,7......il court. For the reasons stated above, the appeal is alÂlowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......Deputy Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Respondent No 2. Ex parte—Respondent No. 1. Criminal Appeal No. 31 of 1986. (From the judgment and order dated 23rd June, 1986 passed by the High Court Division, Dhaka in Criminal Revision No.64 of 1......il court. For the reasons stated above, the appeal is alÂlowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59