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Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)

....;         Amirul Kabir Chowdhury J. -Convict petitioner Mohammad Salim Ahmed @ Md. Salim Miah seeks leave to appeal in this petition against the judgment and order dated 24.05.2003 passed by a Division Bench of the High Court Division dismissing Criminal A......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 52

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)

....lam (Selim) Writ Respondent No. 4, a candidate for election for the post of Chairman of No.9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls in question the legality of the order dated 13th April, 2003 passed by the High Court Division in Writ Petition No. 536 of 2003 mak......king the Rule absolute declaring acceptance of the nomination paper of the appellant as not legal and with­out lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper dis­..

Category: Election Law | Date: | Hits: 108

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

..... 100 of 1998) Civil Appeal No. 99-100 of 1998 (From the Judgment and Order dated 27-10-1997 passed by the High Court Division in writ petition No. 2126 of 1994 and judg­ment and order dated 10-07-1996 passed by the High Court Division in writ petition No. 3370 of 1992) ......er Division, Bangladesh water Development Board, he was later on promoted to the post of tug Master in the pay scale of Tk. 220-420 he was thereafter given national pay scale of Tk. 325-610 as per Government circular dated 1-1-1981. It was further stated that Single Master plying B-Type vessel i..

Category: Employment/Service Law | Date: | Hits: 55

Md. Abdul Jalil Vs. Mosammat Shefali Begum and oth­ers, 2006, 35 CLC (AD)

....ther Class Suit No. 109 of 1982 dismissing the suit. 2. The plaintiff Mosammat Shefail Begum and three others instituted Other Class Suit No. 109 of 1982 seeking a decla­ration that the order dated 18.10.1982 passed by the Additional Commissioner, Rajshahi Division in Appeal Case No. ......Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property measur­ing 0.70 decimals of land out of 1.62 acres of S.A Khatian No. 1419. Plot Nos. 285 and 291 were acquired by the Government under L.A Case No. 21/52-53 for rehabili­tation of 30 refugee families and ever sin..

Category: Property Law | Date: | Hits: 39

Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)

....reby Respondent No. 1's prayer for probate in respect of the will of her husband Trailakha Nath Roy was allowed. 2. The First Appeal was filed by the Respondent No.1 against the judgment and order of May 20, 1996 of the 1st Court of Additional District Judge, Barisal in Probate Case No. 2 ......e with law by giving opportu­nity to the concerned party to produce the will itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 62

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

.... date of taking evi­dence in May 1986. There is no evidence led by the plaintiffs that they were in pos­session of the suit land after the execution of the said unregistered deed of gift in order to show that defendant No.1 did not posses that suit land for more than 12 years from the da...... unregis­tered deed of gift dated 25m Sraban, 1342 B.S. That defendant No. 1 upon accepting the gift has been possessing the land in suit through bargadars, that defendant No.1 paid rent to the Government and obtained dakhilas that during S. A. operation her name was correctly recorded, that ..

Category: Property Law | Date: | Hits: 23

Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)

.... Judgment:                   Amirul Kabir Chowdhury J. - This appeal by leave arises out of the judgment and order dated 31.07.2000 passed by the High Court Division in Civil Revision No. 664 of 1994 dischar......challenging enrolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the Administrator of Waqf Government of Bangladesh whereupon he preferred Title Appeal No. 3 of 1988 before the learned Distr..

Category: Procedural Law | Date: | Hits: 70

Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)

....y A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5 (in all the cases) Civil Appeal Nos. 56-86 of 2005 (From the Judgment and order dated 12,04.2004 passed by the High Court Division in Writ Petition Nos. 4919, 4920, 4921, 49......ere appointed in various posts of the Trading Corporation of Bangladesh (Shortly the T.C.B). By order under Memo No. BAM/OBA-3/ PROSHA-2(JOOPU)/02/380 dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No.4 and communicated to..

Category: Labour and Industrial Law | Date: | Hits: 80

Mainul Islam Vs. State and others, 2006, 35 CLC (AD)

....      Amirul  Kabir  Chowdhury J.- In Criminal Petition for Leave to Appeal No. 189 of 2003 informant Mainul Islam seeks leave to appeal against the Judgment and order dated 26.11.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No.......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)

....nbsp;            Amirul Kabir Chowdhury J.- Dula @ Md. Dulal Talukder and another filed this petition for leave to appeal against the judgment and order dated 18.01.2003 passed by a Division Bench of the High Court Division in Criminal Revision N......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..

Category: Criminal Law | Date: | Hits: 27

Shahabuddin Vs. State, 2006, 35 CLC (AD)

....;              Amirul Kabir Chowdhury J. - Convict petitioner Shahabuddin seeks leave to appeal by this petition against the judgment and order dated 28.10.2003 passed by the High Court Division in Criminal Miscellaneous Case No.12022 of...... the petitioner filed under Section 561A of the Code of Criminal Procedure. 2. The facts, in short are that on 19.03.1998 while Md. Farook Hossain (P.W.2) was passing in front of  Feni Government College he heard hue and cry in the college filed and went there and found the accused p..

Category: Criminal Law | Date: | Hits: 45

Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)

....sp;              Md. Tafazzal Islam J.- This criminal petition for leave to appeal by accused peti­tioner is against the Judgment and order date 07.05.03 passed by the Single Bench of the High Court Division in Criminal Revision No.......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 38

Samar Uddin and another Vs. State, 2006, 35 CLC (AD)

....bsp;            Md. Tafazzal Islam J.- This criminal petition for leave to appeal filed by the accused petitioners is against the Judgment and order dated 26.4.2003 passed by a Division Bench of the High Court Division Criminal Appeal No.1127...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..

Category: Criminal Law | Date: | Hits: 84

Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)

....ssir Husain J. - Criminal appeal Nos. 14, 15 and 16 of 2001 has been filed respectively by convict appellant Farukur Rahman @ Farook, Sazzad Shaheen @ Prince, Miraj Hossain against the judgment and order dated 9th December of 1998 passed by a Division Bench of the High Court Division in Death Re......ce to the appellants before us. In the aforesaid premises, we are of the view that the appel­lants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 25

Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)

.... Judgment:                   Syed J. R. Mudassir Husain J.- This is an appeal by leave from the judgment and order dated 14-11-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No.......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..

Category: Criminal Law | Date: | Hits: 53

Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)

....sp; Md. Tafazzal Islam J. - Delay of 398 days is condoned. 2. This criminal petition for leave to appeal at the instance of the accused-peti­tioner is directed against the judgment and order dated 22.6.2002 passed by the High Court Division in Criminal Appeal No. 557 of 1997 dismissi...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

Habibur Rahman alias Habu and oth­ers Vs. State, 2006, 35 CLC (AD)

....sp;          Amirul Kabir Chowdhury  J.- Habibur Rahman alias Habu and six other convict petitioners seek leave to appeal against the judgment and order dated 11.05.2003 passed by the High Court Division in Criminal Appeal No. 1656 of 2000 dismis......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..

Category: Criminal Law | Date: | Hits: 31

State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)

....bsp;                  Amirul Kabir Chowdhury J. - This appeal has been preferred by the State against the Judgment and order dated 18.7.1995 passed by a Division Bench of the High Court Division in Criminal Appeal no.......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The crim­inal appeal is therefore, dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)

....of 1996) Judgment:                 M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 17.05.2001 passed by a Division Bench of the High Court Division in Writ Petition No. 2...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 87

Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)

.... Judgment:                   M. M. Ruhul Amin J. This appeal by leave is directed against the judgment and order dated 01.04.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 47......een in possession of the suit land since then in his own right exclusively and adversely and got his name mutated in the records of the Revenue Department and has been paying rent regularly to the Government Acquired Estate and the origi­nal kabala was stolen from his house. 4. The tri..

Category: Property Law | Date: | Hits: 35