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Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
.... dispose of the appeal on hearing by a competent bench of the High Court Division………………..(9 & 10) Lawyers Involved: Abdul Malek, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Appellant. B. Hossain, Deputy Attorney-General, instructed by......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ......e of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....be stayed and the order of the high court division be modified………………(4) Lawyers Involved: Asrarul Hossain, Senior Advocate, (Shaheed Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Appellant. Miah Abdul Gafur, Advocate-on-Record— For th......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......……………………...Defendant-Petitioner Vs. Shaikh Moslem Ali....…………………….................Plaintiff-Respondent Judgment January 7,1990. Result: The impugned order of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Orde......t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....in any tenancy'. The question of counting 12 years from 1934 does not arise at all. With the death of Raj Kumar in 1939 his successors-in-interest became simply trespassers………..(14) Title by adverse possession has to be specifically pleaded and proved. The appellant's case was one of acquis......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......cate-on-Record. —For the Appellant. M. Nurullah, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record. —For the Respondent Nos. 1 and 2. Dead: Substitution exempted vide order dated 28.1.86. —Respondent No. 3. Civil Appeal No. 35 of 1985. (From the judgment and ......f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
....he circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ......at Ali Khan, Advocate with him), instructed by Nowab Ali, Advocate-on-Record — For Respondent No. 1. Not represented—Respondent Nos. 2—6. Appeal No. 20 of 1989. (From the judgment and order dated 13 December, 1988 passed by the High Court Division, Dhaka in Writ Petition No. 602 ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
.... ......e writ petitioners filed an application for direction upon the writ respondents to pay arrear salaries and other benefits to them and in all the writ petitions the High Court Division granted interim orders giving the directions as prayed for. 9. Hence are these petitions. 10. ......p; Amirul Kabir Chowdhury J. - Government of Bangladesh represented by the Secretary, Ministry of Fisheries and live stock and 4 other writ respondents seek leave to appeal against the judgment and order dated 10.05.2005 passed by a Division Bench of the High Court Division in writ Petition No. ......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....-quo till disposal of the appeal. Ed. ......m entering into the suit land by force or from constructing boundary wall or cutting away trees from the suit land. The trial court by order dated 9.11.2002 issued notice upon the defendants and ad-interim injunction was also passed not to disturb the peaceful possession of the plaintiffs. ......, instructed by Mrs. Azra Ali, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent No.2 Civil Petition for leave to appeal No.56 of 2005. (From the Judgment and order dated 13.12.2004 passed by the High Court Division in Civil Revision No.4504 of 2004.) ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
....rence. The leave petition is, therefore, dismissed. Ed. ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... Bhuiyan, Advocate-on- Record-For Respondent No. 53 Not represented-Respondent Nos. 1-52 & 54-74 Civil Petition for leave to Appeal Nos. 52 of 2005. (From the Judgment and order dated 14.12.2004 passed by the High Court Division in Writ petition No. 2709 of 2003.) ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....;.........Respondents Judgment April 30, 2006. Cases Referred to- Musammat Nurjahan Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 34 DLR (AD), 61; Bhim Singh (dead) by L.R.S and another Vs. Kan Singh, AIR 1980 (SC) 727. Lawyers Involved: Mahmudul......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
.... The criminal petition is therefore, dismissed. Ed. ......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......nbsp; Amirul Kabir Chowdhury J.- Accused petitioner Rafiqul Majid Pintu alias Pintu seeks leave to appeal against the judgment and order dated 23.08.2003 passed by the High Court Division disposing of Criminal Miscellaneous Case ......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....mant, lodged a First Information Report with the Khalishpur Police Station stating, inter alia, that on 9.4.1990 at 10.30 hours the accused respondent and others being armed with deadly weapons abducted her daughter Monira from the house of A. Majid, his neighbour, and while Reba......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......p; Md. Tafazzul Islam J. - Delay of 111 days is condoned. 2. This petition for leave to appeal arises out of the judgment and order dated 5.5.2003 passed by the Division Bench of the High Court Division in Criminal Appeal No.......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....mirul Kabir Chowdhury J Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......, instructed by Md. Nawab All, Advocate-on Record-For the Petitioner. Respondents-Not represented. Criminal Petition for leave to Appeal No. 147 of 2003 (From the judgment and order dated 21st June, 2003 passed by the High Court Division in Contempt Petition No. 82 of 2002).......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....stance. The petition is, therefore, dismissed. Ed. ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ...... Judgment: Amirul Kabir Chowdhury J. - This appeal by leave is directed against the judgment and order dated 05.08.2002 passed by the High Court Division in Criminal Appeal No. 2381 of 1998 dismis......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 42
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....J M.A. Aziz J Amirul Kabir Chowdhury J Md. Abdur Rahman Sikder………………………..Petitioners Vs. Nur Mohammad Khan and others…………….Respondent Judgment March ......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......yed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not Represented-Respondent Nos. 2-35. Criminal Petition for leave to Appeal No. 51 of 2005 (From the judgment and order 10.1.2005 passed by the High Court Division in Criminal Miscellaneous Case No.7655 of 2004) ......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 70
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
.... directed to make the appeal ready for expeditious hearing. Ed. ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... Falzul Kader Chowdhury Second party in a proceeding under section 145 of the Code of Criminal Procedure being petitioner prefers this petition seeking leave to appeal against the judgment and order dated 20.10.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 470 of......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
....ahidul Islam @ H. M. Shahid..............Respondent Judgment November 23, 2005. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Sajjadul Huq, Advocate- on-Record-For the Petitioner Not Represented-Respondent. Criminal...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ...... Amirul Kabir Chowdhury J.- At the instance of the State this petition arises seeking leave to appeal against the judgment and order dated 03.08.2003 passed by the High Court Division in Jail Appeal No. 368 of 2003 allowing t...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
.... offence, if any, of evasion of income tax, which may be looked into by the department of income tax and not by the Bureau of Anti-corruption. 6. He further submits that the allegations made in the First Information Report and charge sheet do not constitute any offence under Sections ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......; Amirul Kabir Chowdhury J.- Accused petitioner Shabbir Ahmed Chowdhury seeks leave to appeal against the judgment and order dated 02.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 7081 of......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... The Criminal petition is, therefore dismissed. Ed. ...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ......sp; Amirul Kabir Chowdhury J. - Accused petitioner Md. Harun-or-Rashid @ Harun seeks leave to appeal against the judgment and order dated 19.11.2003 passed by a Division Bench of the High Court Division in Criminal Appeal No....... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....rected to make the appeal ready for expeditious hearing. Ed. ......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... by A. S. M. Khalequzzaman, Advocate-on-Record- For Respondent No. 3 Not represented-Respondent No.1 Civil Petition for leave to Appeal No. 170 of 2005. (From the Judgment and order dated 01.11.2004 passed by the High Court Division in Writ Petition No.7354 of 2003.) ......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....7, 1999. Lawyers Involved: Abdul Quayum, Advocate, instructed by Md. Aftab Hossain Advocate-on-Record-For the Appellant Shamsul Alam, Advocate, instructed by Sharifuddin Chaklader Advocate-on-Record-For Respondent No. 1. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......sp; Not represented- Respondent Nos. 2-6. Civil Appeal No.73 of 1998 (From the judgment and order dated 4 June 1996 passed by the High Court Division in Civil Revision No.3283 of 1991 (Dhaka)...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....un Majid ..............................Respondent Judgment January15, 1995. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record- For the appellant. M. I. Faruqui, Advocate, instructed by M.G. Bhu......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......ate-on-Record- For the appellant. M. I. Faruqui, Advocate, instructed by M.G. Bhuiyan, Advocate-on-Record-For the respondent. Civil Appeal No. 74 of 1993 (From the judgment and order dated 7-2-93 passed by the High Court Division in Civil Revision No. 705 of 1991). Jud......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 33
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