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Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......peal No. 46 of 1988). Judgment ATM Afzal J. - These two appeals by leave, Civil Appeal No. 68 of 1989 by the plaintiffs and Civil Appeal No. 72 of 1989 by defendant No. 4, arise out of the same judgment and decree dated 16 February, 1989 passed by a Division Bench of the High Court Division, D..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

.... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......udgment and Decree dated 3.12.84 passed by High Court Division, Chittagong Bench, in First Appeal No. 46 of 1977). Judgment Shahabuddin Ahmed CJ. - I have had the advantage of going through the judgments proposed to be delivered by my learned brothers, Mustafa Kamal and Latifur Rahman, JJ. I c..

Category: Property Law | Date: | Hits: 50

State Vs. Mofizuddin and other, 2005, 34 CLC (AD)

....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......dgment:                    M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 15.02.2004 passed by a Division Bench of the High Court Division in Death ..

Category: Criminal Law | Date: | Hits: 40

Abul Khair Vs. State, 2005, 34 CLC (AD)

....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......al No.45 of 2003 Judgment:                   Md. Tafazzul Islam J.- This appeal by leave is against the judgment and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Crimin..

Category: Criminal Law | Date: | Hits: 52

Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)

....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......2001 Judgment:                    M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and decree dated 25.02.2000 passed by a Single Bench of the High Court Division in 2nd App..

Category: Property Law | Date: | Hits: 35

National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)

....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......p; Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the judgment and order dated 4.3.2001 passed by the High Court Division in Writ Petition No. 4004 of 19..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)

....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......cate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondents. Civil Appeal No. 186 of 2003 Judgment Md. Ruhul Amin J. - This is a writ-petitioners' appeal, by leave, against the judgment of March 1, 2003 passed by the High Court Division in writ Petition No.171 of 2003 discharg..

Category: Trust/Waqf Law | Date: | Hits: 228

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......dvocate-on-Record- For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Rev..

Category: Property Law | Date: | Hits: 26

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......yum, Senior Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not Represented- For Respondent No. 6-8. Civil Appeal No. 264 of 2001 (From the judgment of 23rd October, 2000 of the High Court Division in Civil Revision No. 898 of 1995). Ju..

Category: Tenancy Law | Date: | Hits: 194

M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)

.... High Court Division has rightly made the rule absolute setting aside  the ad interim injunction and mandatory injunction. The petition is dismissed. Ed.   ......004 Judgment:                   Md. Fazlul Karim J.- The plaintiffs seek leave to appeal against the judgment and Order dated 21.7.2004 passed by the High Court Division in Civil Revision No.2347 of 2..

Category: Business or Commercial Law | Date: | Hits: 100

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ....... 70 of 2003 Judgment:       Amirul Kabir Chowdhury J.- This appeal has been preferred by the defendants the Secretary Ministry of Food and others against the judgment and decree passed by a Single Bench of the High Court Division in Civil Revision No. 2170 ..

Category: Property Law | Date: | Hits: 40

K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... Judgment:                   Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 2.7.2003 passed by the High Court Division in Writ Petition No. 193 of 200..

Category: Employment/Service Law | Date: | Hits: 82

M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)

....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The pe­tition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ...............……………............Respondent Judgment August 30, 1989. Result: Certain observations made by a Division Bench of the High Court Division is treated as expunged from the judgment in question. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Judicial d..

Category: Criminal Law | Date: | Hits: 55

New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)

....imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......imed by the Bank is not disputed by the petition­er, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..

Category: Banking Law | Date: | Hits: 117

Kamruzzaman Vs. State, 1990, 19 CLC (AD)

....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......on-Record—For the Appellant. B. Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Criminal Appeal No. 12 of 1990. (From the judgment and order dated 29th January 1990 passed by the High Court Division, Comilla Session, Comil..

Category: Criminal Law | Date: | Hits: 58

B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)

....ed order was the order that ema­nated from the Election Commission as such. In the result, this petition is, therefore, dis­missed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......ed order was the order that ema­nated from the Election Commission as such. In the result, this petition is, therefore, dis­missed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218...

Category: Election Law | Date: | Hits: 146

Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)

....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......al No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Pe­tition No. 74 of 1989.) Judgment ATM Afzal J. - This petition is from the judgment and order dated 6 June, 1989 passed by the High Court Division Dhaka discharging the Rule i..

Category: Banking Law | Date: | Hits: 94

Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)

.... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... (From the Judgment and Order dated 14-11-89 passed by the High Court Division, Dhaka in Writ Petition No. 1701 of 1988). Judgment ATM Afzal J. - This petition for leave to ap­peal is from the judgment and order dated 14 Novem­ber, 1989 passed by the High Court Division, Dhaka making the rul..

Category: Criminal Law | Date: | Hits: 53

Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)

..... The writ petition will be heard as a motion as soon as the business of the Court per­mits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......rounds for con­sideration of the Court; (i) that the election tribunal in violation of the provision of law regarding admissibility of evidence admitted some documents in evi­dence for which the judgment of the tribu­nal should be declared to have been passed without any lawful authority and a..

Category: Election Law | Date: | Hits: 102

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

....he courts below have rightly convicted the appellant un­der section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......86 with Criminal Appeal No. 456 of 1986). Judgment Shahabuddin Ahmed CJ. - I have gone through the Judgments written by my learned broth­ers ATM Afzal and Latifur Rahman, JJ; I concur with the judgment of ATM Afzal, J. MH Rahman J. - I have read the Judgments written by my learned brother..

Category: Criminal Law | Date: | Hits: 44