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State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
.... hue and cry the neighboring people came to the place of occurrence and the accused persons fled away. Jamal Uddin died on way to Ullapara Hospital. P.W.5, Md. Sirajul Haque was taken to Sirajganj Sadar Hospital for treatment. Thereafter, P.W.1 went to the police station and lodged F.I.R. ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......atun, Advocate-on-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 59 of 2005. (From the judgment and order dated 28.06.2004 passed by the High Court Division in Death Reference No.26 of 2001.) ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....ice spot at that time and being informed about the occurrence came back home on 27-8-1998 and became aware of the facts in detail from his wife and other witnesses and he further learnt that the leading persons of the locality on being approached assured his wife that they will hold a Salish bet......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......d. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by the High Court Division in Criminal Appeal No.2625 of 2000) ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....no merit in the petition. Accordingly, petition is dismissed. Ed. ......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......udgment: Md. Ruhul Amin CJ.- This petition for' leave to appeal is directed against the order dated June 13, 2005 of a Single Bench of the High Court Division in Criminal Revision No. 656......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....am J Md. Abdul Matin J Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyer......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......lam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent. Not represented-Nos. 9-21. Civil Petition for Leave to Appeal No. 855 of 2004 (From the judgment and order dated 20.04.2004 passed by the High Court Division in F. A. No.68 of 2002 with Civil Rule No. ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....ccordingly, the leave petition is dismissed. Ed. ......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......or the Petitioner Not represented- Respondent Civil Petition for Leave to Appeal No. 1298 of 2002 (From the judgment and order dated 15.06.2002 passed by the High Court Division in Civil Revision No.3857 of 1998.) ......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... suit land and, therefore, the plaintiffs were constrained to bring the present suit. 3. The defendants contested the suit by filing written statement contending, inter alia, that Bodiullah had 8 annas share in 'Ka' schedule land and he was sole owner of 'Kha' schedule land and he orally ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......spondent Nos. 2-11 Civil Petition for Leave to Appeal No. 370 of 2002. (From the judgment and order dated 03.12.2001 passed by the High Court Division in Civil Revision No.1433 of 1997.) ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....ut any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ...... Bangladesh Bank dated 8.5.2001 and of the Bank dated 9.5.2001 the appellants separately filed writ petition Nos.1889 of 2001, 1873 of 2001, 1872 of 2001 and 1871 of 2001 and obtained Rules and ad-interim orders staying the operation of Bangladesh Bank's letters dated 8.5.2001 but no stay was gi......-on-Record- Respondent No. 4 (In both the appeals) Ex-parte- Respondent Nos.1-3 and 5 (In both the appeals) Civil Appeal Nos. 93 and 94 of 2002 (From the judgment and order dated 11th December 2001 passed by the High Court Division in Matter Nos.78 and 86 of 2001). ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
....nce in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......dvocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners Not represented- The Respondents Civil Review Petition No.6 of 2006. (From the judgment and order dated 26-04-2004 passed by this Division in Civil Appeal No.21 of 1999) Judgment ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... April 26, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of facts arrived at by the courts below cannot be disturbed unless there is non-reading, misreading, misconstruction or misappropriation of evidence on record. ……&hell...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......ructed by Sufia Khatun, Advocate-on-Record— For Respondent Nos. 1-2. Not represented—Respondent Nos. 3-23. Civil Appeal No. 152 of 2002. (From the judgment and order dated 9th August, 2000 passed by the High Court Division in Civil Revision No. 3175 of 1993)....... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....ensuring the Teacher's Index No. 470490; while in service he, on 16-11-1996, divorced his wife, who at that time was serving in Prisons Directorate, because of her involvement in an office-centred adultery matter; then in view of her letter dated 22-12-1996 the dispute over custody of his two so......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ...... Aftab Hossain, Advocate-on-Record—For the Respondent No. 7 Not represented—Respondent Nos. 3-6. Civil Review Petition No. 122 of 2005. (From the judgment and order dated 12th June, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
.... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents Judgment ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......Abedin, Advocate-on-Record—For Respondent No. 1. Not represented-Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1228 of 2005. (From the judgment and order dated 3-4-2005 passed by the High Court Division in Civil Revision No. 2898 of 1999). ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......Record—for the Appellants. Rafique-ul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 322 of 2001. (From the judgment and order dated 7-9-1997 passed by the High Court Division in Writ Petition No. 939 of 1997) Judgmen...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......For Respondent Nos. 1 and 2. Dr. M. Zahir, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record. — For Respondent No. 3. Civil Appeal No. 76 of 1989. (From the judgment and order dated 29.8.1989 passed by the High Court Division in Writ Petition No. 439 of 1989). Judgme...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....stafa Kamal and others……………………………………...............Respondents Judgment February 8, 1990. Result: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinance has put a clear bar t......injunction made in the suit got no leg to stand upon. It may be mentioned here that even if this suit were maintainable, the learned Assistant Judge could not have granted the reliefs by her order of interim injunction. In fact she decreed the suit giving the plaintiff all the reliefs he prayed forâ......Karim, Senior Advocate, instructed by M. Nowab Ali, Advocate-on-Record— For Respondent No.1 Not represented—Respondent Nos. 2 & 3. Civil Appeal No. 82 of 1989. (From the judgment and order dated 6.8.89 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 196 o......ide the uncontested elecÂtion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....gment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ...... T.H. Khan, Senior Advocate (M.A. Wahhab Miah, Advocate with him), instructed by Mohammad Ayub, Advocate-on-Record— For the ResponÂdent. Civil Appeal No. 30 of 1989. (From the judgment and order dated 8.6.1988 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revisi......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......he Appellant B. Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record. — For the Respondent (State) Criminal Appeal No. 10 of 1988. (From the judgment and order dated 4.2.1988 passed by the High Court Division, Barisal Session, Barisal, in Criminal Appeal......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
.... we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......dvocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondent No. 4(In Civil Appeal No 16 of 1987). Civil Appeal Nos. 15 and 16 of 1987. (From the judgment and order dated 25.6.1986 passed by the High Court Division, Dhaka in Writ Petition Nos. 238 and 239 of ......for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....sed. Ed. ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ...... Sufia Khatun, Advocate-on Record - For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.67 of 2004 (From the judgment and order dated 16.11.2002 passed by the High Court Division in Civil Revision No.1816 of 2002.) ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
...., 2006 Cases Referred To- Shah Newaz Ebne Mustaque and others Vs. Shah Alam and others, 55 DLR (AD) 69; Baburam Lal and another vs. Debdas Lola, AIR 1959 Calcutta 73; Chauthilal Vs. Badri Prasad and another, AIR 1960 Rajasthan 249; L. Bengali Mai and others Vs. Baijnath Prasad and ......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......t Nos.1-3 Jillul Huq, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For Respondent Nos. 4-7 Added party) Civil Appeal No.188 of 2004. (From the judgment and order dated 28.05.2003 passed by the High Court Division in Civil Revision No. 5090 of 2002.) ......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....ate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sonar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others..........doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......n for leave to appeal has been filed against the judgment dated June 16, 2004 of a Single Bench of the High Court Division in Civil Revision No. 1519 of 1992 discharging the Rule obtained against the order of May 27, 1992 (Order No. 5 dated 27.5.1992) in Title Appeal No. 150 of 1992 condoning the de......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
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