Judgment search - Chancery Law Chronicles

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Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)

....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ...... Amirul Kabir Chowdhury J Ali Akbar® Abkar Dewan .........Petitioner vs The State .............................Respondent Judgment July 27, 2005. Lawyers Involved: Sarwar Ahmed, Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-....... Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Not represented-For the Respondent. Criminal Petition for leave to Appeal No. 283 of 2004 (From the Judgment and Order dated 12th April 2004 passed by the High Court Division, in Criminal Appeal No. 1605 of 1997 ..

Category: Criminal Law | Date: | Hits: 23

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Bodruzza, Advocate with him) instructed ......echnical) made recommendations for promotion to the posts of Deputy General Managers in different groups and the Managing Director approved the said recommendations. Thereafter, Administrative Order No. 15/98 (Annexure-E) was issued under the signature of the General Manager (Administration..

Category: Employment/Service Law | Date: | Hits: 91

Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)

.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... Md. Safiruddin and others…………………………….Respondents (In both the cases) Judgment: April 20, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners (In both the cases) ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 27

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......ellip;………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgment August 8, 2004 Lawyers Involved: Abdur Razaque Khan, learned Additional Attorney General, instructed by Saj......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 150

Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)

....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......�………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-...... Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Civil Appeal No.78 of 2003. (From the Judgment and Order dated August 16, 2001 passed by the High court Division in civil Revision No.255 of 2000) J..

Category: Tenancy Law | Date: | Hits: 180

Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)

.... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......llip;.. Appellant Vs Sultan Ahmed and others……………………Respondents Judgment March 16, 2006 Lawyers Involved: Shamsul Alam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recor...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..

Category: Procedural Law | Date: | Hits: 105

Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)

.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......rector, Sonali Bank, Head office and others (Civil Petition for Leave to Appeal No. 298 of 1994); Md. Arfan Ali Vs. Sonali Bank and others (Civil Petition for Leave to Appeal No. 26 of 1992. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossa......the Appellants Mohammad Nazrul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record-For the Respondent Civil Appeal No. 143 of 2003 (From the Judgment and Order dated November 19, 2001 passed by the High Court Division in Civil Revision No. 4869 of 2000)..

Category: Employment/Service Law | Date: | Hits: 113

Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)

....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......ul Islam J Serjuddowla Sowdagor...........................Appellant Vs Administrator of Waqf & others............ Respondents Judgment August 16, 2004. Lawyers Involved: Khondkar Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwa......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 190

Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)

.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..........Petitioner vs Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston.............Respondent Judgement August 22, 2004. Case Referred to- 7 DLR 637 Lawyers Involved: Shaukat Ali Khan, Senior Advocate (Rehan Husain, Advocate with him), instr......te (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed by the High Court Division, in Criminal Miscellaneous Case No. 4662..

Category: Criminal Law | Date: | Hits: 31

Mahabubul Goni Vs. State, 2005, 34 CLC (AD)

....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......l Goni .......... ............Petitioner vs The State represented by the Deputy Commissioner, Dhaka and another .............Respondent Judgment February 2, 2005. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Mvi. Md. Wahidullah, Adv...... Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 2 Not represented-Respondent No. 1 Criminal Petition for leave to Appeal No. 92 of 2004 (From the Judgment and Order dated 21.03.2004 passed by the High i Court Division in Criminal Miscellaneous Case No. 2250 ..

Category: Criminal Law | Date: | Hits: 29

State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)

....ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ...... The State…………………...Appellant Vs Delwar Hossain Talukder.......................Respondent Judgment May 26, 2003. Lawyers Involved: Abdur Razzak Khan, Additional Attorney General (Faisal H. Khan, A. A. G. w......d-For the Appellant Abdul Malek, Senior Advocate, instructed by A K M Shahidul Hug, Advocate-on-Record-For the Respondent Criminal Appeal No. 7 of 2003 (From Judgment and Order dated 4.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No. 9363 of ..

Category: Criminal Law | Date: | Hits: 68

Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)

....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......fa Kamal J Latifur Rahman J Md. Morzul Haque .........Appellant Vs. Government of Bangladesh & ors .........Respondents Judgment March 3,1994. Lawyers Involved: Mainul Hosein, Advocate (Md. Joynal Abedin, Advocate with him) Instructed ......orney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-3 Ex parte-Respondents no.4 Civil appeal No. 2 of 1993 (From the Judgment and Order dated 27-8-92 Passed by the High Court Division in Writ petition No. 3182 of 1991) Jud..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)

....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......other.........Petitioners (In both the cases) vs Messers Yunusco K. Textile Ltd. and others...............Respondents (In both the cases) Judgment March 23, 2005 Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (With S. M. Munir, Advocate), ......spondent No. 1 (In both the cases) Not Represented-Respondent Nos.2&3 (In both the cases) Civil Petition for leave to Appeal No. 231 and 245 of 2005. (From the Judgment and Order dated 13.12.2004 passed by the High Court Division in Civil Rule Nos, 638 (F) and 9 (F) of 2..

Category: Property Law | Date: | Hits: 41

Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)

.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......ctors, Rajshahi Krishi Unnayan Bank and another.... Petitioners vs Md. Abdul Motaleb and others .........................Respondents Judgement: October 26, 2005. Lawyers Involved: Khondker Mahabubuddin Ahmed, Senior Advocate, instructed by Md. Zahirul Is......tun, Advocated-on-Record-For Respondent Nos. 1-22. Not Represented-Respondent Nos. Nos. 23 & 24. Civil Petition for leave to Appeal No. 1221 of 2005. (From the Judgment and Order dated 12.07.2005 passed by the High Court Division in writ Petition No. 6364 of 2004.) ..

Category: Employment/Service Law | Date: | Hits: 81

Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)

....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ...... never shifted on the condemned prisoner in the absence of any proof beyond reasonable doubt that he was present in the house when the occurrence took place……….(7) Lawyers Involved: A B M Bayezid, Advocate—For the Appellant. A Rouf, Deputy......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..

Category: Criminal Law | Date: | Hits: 71

Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)

....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......of possession in a prayer for partition by amendment of plaint in a suit for declaration of title and recovery of possession will not change the nature and character of the suit…..(9) Lawyers Involved: Mustafa Niaz Muhammad, Senior Advocate, instructed by Md. Nawab Ali, Advo.......) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for parti..

Category: Property Law | Date: | Hits: 39

Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)

....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ed he is entitled to get land partitioned through court. A co-sharer in possession of land in excess of his share, is bound to part with the same…………….(11) Lawyers Involved: AJ Mohammad Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-......ill water causing claims and counter-claims. A court has an inherent power to refuse to divide the property by metes and bounds as the relief for partition is an equitable relief. Furthermore, Order XLI, rule 33, CPC runs as follows: "The appellate Court shall have po..

Category: Property Law | Date: | Hits: 48

Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)

....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......ere an alternative remedy exists ……….(6) Case Referred to- Shahidur Rahman Majumder (Md) Shahidullah Majumder vs. Sahirunnessa and others, 1 BLC (AD) 43. Lawyers Involved: Enayet Hussain Khan, Advocate, instructed by Md. Aftab Hossain, Advocat......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..

Category: Civil Law | Date: | Hits: 115

Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)

....d on 6-3-83 in connection with Kalia P.S. Case No.5 of 1982 and was suspended on 29-4-83 with effect from 6-3-83 under Rule 73 of Bangladesh Service Rules, Part I. He was convicted by Summary Martial Law Court No. 19 in Summary Martial Law Case No. 105 of 1982 arising out of the said kalia ...... Judgment 27th July 1994. Cases Referred to- A. K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubudd......ellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-For the respondent. Civil Appeal No.21 of 1992. (From the Judgment and Order dated 2.5.1991 passed by the Administrative Appellate Tribunal Dhaka in appeal No.49 of 1990)..

Category: Criminal Law | Date: | Hits: 33

National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)

....eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment September 6 2007. Lawyers Involved: Rafique-ul Huq, Senior Advocate, instructed by Mvi Md. Wahidullah, A......hirul Islam, Advocate-on-Record—For the Respondent No. 4. Not represented—Respondent Nos. 1-3. Civil Appeal No. 47 of 2001. (From the Judgment and Order dated January 19, 2000 passed by the High Court Division in Writ Petition No. 3827 of 1998) ..

Category: Property Law | Date: | Hits: 43

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