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Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....al is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
.... additional grounds. Ed. ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......nstructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-Respondents. Civil Petition For Leave to Appeal No. 902 of 2004. (From the judgment and order dated 25th February, 2004 passed by the High Court Division in Civil Revision No. 415 of 2005......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.................Appellant Vs Haji Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- Sree Chitta Ranjan Chakroborty being dead has heirs Ashish Chakroborty and others Vs. Md. Abdur Rob alias Mvi. Md. Abdur Rob, 17 BLD (AD)...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......without determining any question of fact which was required to be determined for a correct decision in the matter involved in the suit. 17. The law is now settled that order of remand can not be passed by a Court as a matter of cause (41 DLR (AD) 124) and in a ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....l) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......e, instructed by Shamsul Hague Siddique, Advocate -on-Record- For Respondent No.1 Not represented-Respondent Nos. 2 & 3 Civil Appeal No. 26 of 1996 (From judgment and order dated 4th December, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 699 o......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20th August 2003 passed by the High Court Division in Company Matter No.71 of 2001). Judgement Mohammad Fazlul Karim J.- The petitionÂers who were respondent before the Company Court seek leave to app......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......vil Petition No. 163 of 2004). Not represented-Respondent Nos.3-6(In Civil Petition No. 06 of 2004). Civil Petition for leave to Appeal Nos.20, 163 & 06 of 2004 (From the judgment and order dated 18th and 20th August 2003 passed by the High Court Division in Company Matter No.71 of 2......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....€¦â€¦â€¦Appellant Vs. Director Adjutand of Ansar & V.D.P. havÂing its office at Tikatuly & others ……………………Respondent (Civil Appeal No. 63 of 2004) Government of Bangladesh, represented by the secretary, Ministry of land and others………………………………......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......) Civil Appeal Nos. 62-64 of 2004 With Civil Review Petition No. 66 of 2005 Judgment MM Ruhul Amin J. - These three apÂpeals by leave are directed against the comÂmon judgment and order dated 20.04.2003 passed by a Division Bench of the High Court Division in Writ Petition Nos. 6......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
....spective bail bonds. Ed. ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......hs and a fine of TK. 5,000/- in default to R. I. for one month more and accused Yunus Ali to R. I. for six months and a fine of TK. 20,000/- in default to R.I. for three months more by judgment and order dated 7.10.93. 3. Their appeals, Criminal Appeal No. 1929 of 1993 by accused Sekander...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....ging signature of Pramila Sundari it was wrongly held to be proved without examining the signature of the executant in the disputed sale deed with that of the sale deed of the informant or with the admitted signature of Pramila Sundari. 7. In support of the appeal Mr. Shamsul Huda Manik, ......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......p; Amirul Kabir Chowdhury J.- Convict appellant Rokanuddin Sheikh preferred this appeal against the judgment and order dated 24.04.2000 passed by a Single Bench of the High Court Division in Criminal Revision No.......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
.... C.S. and S.A. Dag No.134 within P.S. Gulshan, District Dhaka proposed to sell the same to the petitioner and proforma respondent No. 4 at a consideration of Tk.29,25,000/- and then they accepting an advance of Tk. 10,00,000/- executed a Bainanama in favour of the petiÂtioner and proforma responden......counsel of the petitioner merit considÂeration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additionÂal grounds. Ed. ......n Criminal Miscellaneous Case Nos. 2788 of 2000) Judgement: Md. Tafazzul Islam J. - By this Criminal Petition for leave to appeal the petitioner seeks leave to appeal against the judgment and order dated 9.2.2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous......counsel of the petitioner merit considÂeration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additionÂal grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....n is bereft of substance and as such it is dismissed. Ed. ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......p; Amirul Kabir Chowdhury J. - Convict petitioner Md. Zakir Hossain seeks leave to appeal against the judgment and order dated 04.05.2003 passed by a Division Bench of the High Court Division in Criminal Miscellane......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
..... The petition is disposed with above observation. Ed. ...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......bsp; Mohammad Fazlul Karim J. - This Criminal Petition for Leave to Appeal arises out of judgment and order dated 22.10.2003 passed by the High Court Division in Criminal Revision No. 1185 of 2003 affi...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....missed with the aforesaid modification of the sentence. Ed. ......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. ......nt: Mohammad Fazlul Karim J.-The accused petitioner seeks leave to appeal against the judgment and order dated 12.4.2004 passed by the High Court Division in Criminal Appeal No. 1605 of 1997 alterin......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. ..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....y order as to cost. Ed. ...... 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. ......ate With him) instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent No.1. Not represented-Respondent Nos. 2-3 Civil Appeal No. 325 of 2002 (From the judgment and order dated 29.05.2000 passed by the High Court Division in Writ Petition No.133of 1999). Ju...... 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. ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....intiff preferred Miscellaneous Appeal No.9 of 1972 which on contest was allowed in part because of misconstruction of law and fact and being emboldened by those judgments, the respondent Nos. 112 made an attempt to take possession of the suit lands forcibly but without any success and that they ...... 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. Tafazzul Islam J.- These petitions for leave to appeal arise out of the judgement and order dated 21.07.2003 passed by a Single Bench of the High Court Division in Civil Revision Nos. 6...... 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)
.... M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgme......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. ......tructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 2 & 4. Dispensed with-Respondent Nos. 1 & 3. Civil Appeal No.314 of 2001 (From the Judgment and order dated 14.03.2000 passed by the High Court Division in Writ Petition No. 2871 of 1999) ......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)
....court of subordinate judge (now joint District judge), Gazipur in house rent appeal No.1 of 1998 dismissing the same and thereby affirming the judgment and decree dated April 30, 1998 of the court of additional assistant judge, sadar, Gazipur in house rent case No. 1 of 1997 decreeing the same. 2......ereinabove the conÂtentions, 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.......andlord run in a shop room adjacent to the shop room let out to a tenant involves element of must have and constitutes bonafide requirement. Thus, we do not find any reason to uphold the judgment and order of the learned Single Judge and accordingly we set aside the same and restore those of the lea......ereinabove the conÂtentions, 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...Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....ut the learned Assistant Judge rejected the petition by order dated 16.8.1993. 4.The petitioner as against the order dated 16th August 1993 rejecting his application filed under section 10 read with section 151 of the Code of Civil Procedure moved the High Court Division in revisional jur...... 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. ......, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondents Civil Appeal No. 47 of 2002 (From the judgment and order dated 01.03.1999 passed by the High Court Division in Civil Revision No. 3039 of 1993) ...... 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)
....d without any order as to costs. Ed. ...... 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. ...... Judgment: Md. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated November 19, 2001 of a Single Bench of the High Court Division in Civil Revision No. 4...... 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. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
.... at serial No.11 of the Bench for hearing two applications. From the cause list of the same Bench dated 06.11.2000 it appears that the writ petition at serial number 3 was posted for order but instead of disposing of the applications the main Rule was discharged. Thus it is clear that ......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. ...... Advocate-on–Record-For the Respondents. Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No.2999 of 1999) J......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)
.... paper book out of court in accordance with Rules. Ed. ...... 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. ...... Mohammad Fazlul Karim, J- The informant seeks leave to appeal against the judgment and order dated 24.7.2004 passed by the High Court Division discharging the rule in Criminal Miscellane...... 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. ..Category: Criminal Law | Date: | Hits: 31
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