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Government of Bangladesh Vs. Md. Sultan Ahmed, 2006, 35 CLC (AD)
....t Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Principal Secretary to Prime Minister's Office, Tejgaon, Dhaka & anoth......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ......oq Ahmed, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No. 1075 of 2005. (From the judgment and order dated 28.06.2005 passed by the Administrative Appellate Tribunal in Miscellaneous Appeal No.......s, we do not find any cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 378. ..Category: Administrative Law | Date: | Hits: 111
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....01.12.1996 while victim Sohel, Zaved and Hashed as usual were going to their school known as Gouranga Bari Government Primary School at about 12.00 O'clock and reached near Gouranga Bari Anderson Road, three unknown persons came to them by a microbus and asked them to identify the house of one M......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......; Not represented- Respondent Criminal Petition for Leave to Appeal No. 198 of 2o04. (From the judgment and order dated 21.03.2004 passed by the High Court Division in Criminal Appeal No. 1891 of 1998.) ......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....nt: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Alimuzzaman Khan...............................Petitioner Vs Mohammad Golam Kibria............................. Respondent Judgment March 29, 2006. ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ......ructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 1597 of 2003 (From the judgement and order dated 29-8-2003 passed by the High Court Division in First Appeal No. 9 of 1993). ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
..... Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sree Hare Krishna Das...................................................... Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of Bangla......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ......rd- For the Petitioner Not represented- the Respondents Civil Petition for Leave to Appeal No. 1360 of 2002. (From the judgment and order dated 1st June 2002 passed by the Administrative Appellate Tribunal in Appeal No. 69 of 1995)......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
.....22 acres of land claiming seven annas share therein stating inter alia that the suit property originally belonged to Suruz Khan in raiyati right and he died in July, 1961 leaving behind his wife Kad Banu (defendant No.2), one son Salim Uddin Khan (defendant No.1), four daughters- Jahura Akhter ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......he Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1558 of 2002. (From the judgment and order dated 19th January, 2002 passed by the High Court Division in Civil Revision No.1178 of 1990)......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....e. 7. The leave petition is accordingly dismissed. Ed. ......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......e petitioners Not represented- the Respondents Civil Petition for Leave to Appeal No.798 of 2003 (From the judgment and order dated 15.04.2003 passed by the High Court Division in Civil Revision No. 492 of 2001). ......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....r as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......d further and that it is being contended by the present appellants since the defendant- Respondent gave an undertaking that he would not claim the land in future as such no step was taken against the order of dismissal of the Miscellaneous case. It has been stated by the appellants since the def...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....sideration and accordingly it is dismissed. Ed. ......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......Aftab Hossain, Advocate-on-Record- For respondent No.1. Not represented- For respondent No. 2. Civil Review Petition No.43 of 2002. (From the judgment and order dated 13th August, 2001 passed by this Division in Civil Petition for leave to Appeal No. 103......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....yed JR Mudassir Husain CJ Md Fazlul Karim J Amirul K Chowdhury J Badsha Miah (Md)...............Appellant vs Sonali Bank and others.......Respondents ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......al, instructed by M Khaled Ahmed, Advocate- on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-4 Civil Appeal No. 353 of 2002. (From the judgment and order dated 14-8-2002 passed by this Division in Civil Petition for leave to Appeal No. 1290 of 20......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
.... vs State……………………………..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman,......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......uf, Deputy Attorney-General, instructed by Md Zahirul Islam, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 83 of 2005. (From the judgment and order dated 12th January, 2005 passed by the High Court Division in Cri -Miscellaneous Case No. 12......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
..... ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......e, (Mr. Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 2002). ......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....ppellate Division (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Mustafizur Rahman....................Appellant vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......and decree dated January 30, 1994 of the Court of Joint District Judge and Artha Rin Adalat, Jessore in Title Appeal No. 301 of 1990 affirming those of dated October 21, 1990 (in the leave granting order inadvertently written June 29, 1983) of the Court of Assistant Judge, Jikargacha, Jessore (in......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... Siddiq Md Umar and another vs Australasia Bank Ltd PLD 1966 (SC) 684 = 18 DLR (SC) 430; Sunil Krishna Banik and others vs Kailash Chandra Saha and others 1984 BLD (AD) 320 = 36 DLR (AD) 220; Mohammad Ali Akhand vs Bahatan Nessa and others 1998 BLD (AD) 50 = 3 BLC (AD) 177. Lawyers Involve...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......rd but the same was dismissed on February 14, 1977, that upon suppression of the said fact defendant Nos. 1-10 filed petition before the Revenue Officer, Gobindaganj and the Revenue Officer by the order dated July 28, 1986 cancelled the RS record which stood in the name of the plaintiff. The sai...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
.... discharging the Rule. 2. The petitioner as informant lodged a First Information Report with Habigonj Police Station on 28-1-2005 stating, inter alia, that on 27-1-2005 he along with other leaders of Awami League attended a meeting in the field of Boiddar Bazar Government Primary School w......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......enior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record —For Respondent No. 2. Criminal Petition for Leave to Appeal No. 100 of 2006. (From the judgment and order dated 21-11-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 6008 o......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ssir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represented by the Secretary, Cabinet Division & others .........Respondents Judgment......h Schedule. Thus the 4th Schedule is limited within the transitory period between 26th March, 1971 and until the operation and commencement of the Constitution in 1972, in order to give cover to such interim and temporary laws, which came into operation prior to the commencement of the Constitutio......al, instructed by Ahsamullah Patwary, Advocate-on- Record —For the Respondents (In all the petitions). Civil Petition for Leave to Appeal Nos. 707, 708 and 789 of 2005. (From the judgment and order dated 20th May 2005 passed by the High Court Division in Writ Petition Nos. 3262, 6942 and 397......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....ion based on the confessional statement of co-accused Zinnah Sardar though the said statement was exculpatory in nature and also the prosecution failed to adduce any corroborative evidence in support of the aforesaid confessional statement and moreso, c......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......Appellants. Golam Kibria, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 25 of 2002. (From the judgment and order dated the 4th and 5th, 2001 passed by the High Court Division in Criminal Appeal No. 1819 of......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....on 30-11-1971 and that there was no legal bar in allowing preemption in her favour. The pre-emptee petitioner contested the case stating, inter alia, that the case was not maintainable and it was bad for defect of parties and also was barred by limitation. His further case was that he was co-sha...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......uzzaman, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 52 of 2003. (From the judgment and order dated 27-8-2002 passed by the High Court Division in Civil Revision No. 4924 of 1991). ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....et aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......Subrata Chowdhury, Advocate with him) instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondent No.1. Not represented—Respondent No. 2. Criminal Appeal No. 15 of 2005. (From the order dated 18-4-2005 passed by the High Court Division in Criminal Appeal No. 3653 of 2004). Jud......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....ollowing the collection of the stamp, Abdur Rashid became ill and after two months he recovered and on March 8,1995 upon accepting the price claimed by. Abdur Rashid executed the deed of sale and made over possession of the land so agreed to sell, that Abdur Rashid assured the plaintiff that he ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... of 1999). Judgment: Md. Ruhul Amin J. - This is a plaintiff's appeal by leave against the order dated January 11, 1999 of a Single Bench of the High Court Division in Civil Order No.1451 of......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
.... Present: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judgment&......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......gment MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging th......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
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