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Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

....ch of the High Court Division in Civil Revision No. 1358 of 1995 making the Rule absolute upon setting aside the judgment and decree dated February 26, 1995 of the 2nd Court of Additional District Judge. Chuadanga, in Title Appeal No. 22 of 1994 affirming those of dated February 24, 1994 of the ......appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......e Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......out of that 14 decimals were acquired by C & B Department and thereupon he remained owner and possessor of 27 decimals of land. It was further averred that during the war of liberation he left Bangladesh and in his absence structures including dwelling house in the land in suit were destroye..

Category: Property Law | Date: | Hits: 48

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....6) The Penal Code, 1860 (XLV of 1860), Section 302       We are really surprised to find the peculiar way of disposal of criminal appeal by the learned Judges of the High Court Division who shirked their responsibility misdirecting themselves and shou......nst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ....... In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......nbsp;     Amirul Kabir Chowdhury J.- Criminal Appeal No. 12 of 1998 has been preferred by the State represented by the Solicitor to the Government of People’s Republic of Bangladesh against the judgment and order passed by the High Court Division on 9th April, 1996in Cr..

Category: Criminal Law | Date: | Hits: 129

Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)

....he impugned judgment discharged the Rule. Hence is this leave-petition. 5. Mr. Md. Nowab Ali, the learned Advocate-on-Record appearing on behalf of the petitioner contended that the learned Judges of the High Court Division totally misdirected themselves in the matter of taking of cogniza......ions offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 37

Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)

....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......gned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 95

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

....tion 7(2) of the Local Government (Union Parishad) Ordinance, 1983, though he has been convicted and sentenced to suffer imprisonment for a period of 6(six) months by the learned Divisional Special Judge, Khulna on 11.04.1994 in Special Case No.4.54. of 1984 under section 409 of the Penal Code r......und to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ......interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in:  61 DLR (AD) (2009) 111. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-op..

Category: Civil Law | Date: | Hits: 104

Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)

.... by limitation so the same was liable to be dismissed. 3. The decree-holder respondents filed an application for rejection of the said application as not maintainable. The learned Assistant Judge rejected the said application holding that the application under Order 21 rule 29 of the Code......hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)

....sp;    Md. Hamidul Haque J. - Delay of 6 (six) days is condoned. 2. By this application, the petitioners seek leave to appeal against the judgment and order passed by a Single Judge of the High Court Division in Civil Revision No.1602 of 1994 discharging the Rule and affirm...... prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ...... over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 113

State Vs. Omar Ahmed, 2008, 37 CLC (AD)

.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......e of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tri­bunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

.... of the above Civil Petition Nos. 95 and 96 of 2007 facts in short are that Biswajit Dutta (Bhulu),as plaintiff No. 2, insti­tuted the above Title Suit No. 227 of 1998 in the Court of Joint District Judge, 3rd Court, Dhaka seeking declaration that the power of attorney dated 9.7.1998 executed by Be...... the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......ision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......a (Bulu)................Respondent (In Civil Petition No. 97 of 2007) Judgment October 3, 2007. Hindu Law Shebait Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner..

Category: Civil Law | Date: | Hits: 111

Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)

.... The appeal is allowed with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......d with the afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......he afore­said direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......zlul Karim J M. M. Ruhul Amin J Capt. Mir Mazharul Huq……………………………….Appellant Vs. Bangladesh Biman Corporation and Others………..Respondent Judgment ..

Category: Employment/Service Law | Date: | Hits: 79

Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)

....he judgment and order dated 25-7-2004 passed by a Single Bench of the High Court Division in Criminal Appeal No. 1296 of 1994 arising out of Special Case No. 19 of 1991 in the Court of 2nd Additional Judge, and Special Judge, Kishoreganj. 2. The prosecution case, in short, is that while the accus......d the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......legations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 90

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....h a mutation case under section 117 of the State Acquisition and Tenancy Act, 1950 is a Court within the meaning of section 195(l)(c) and section 195(2) of the Code of Criminal Procedure, the learned Judges of the High Court Division were wrong in not referring the matter to a larger Bench for resol......ry. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......n the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

....f Taka 10,000 passed by the trial Court was main­tained. 4. Criminal Appeal No. 2990 of 2002 was filed by Wahed Khan alias Wahed and Abdus Salam Mollah. 5. The 1st Court of Additional Sessions Judge, Faridpur upon convicting Idris Ali Sheikh alias Gandu Sheikh and Samad Molla (Member) alias A......rial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......rt and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..

Category: Criminal Law | Date: | Hits: 63

Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)

....discharging the Rule. 2.The revisional application was filed under section 115(4) of the Code of Civil Procedure against the judgment and order dated August 28, 2006 of the Court of District Judge, Dhaka in Civil Revision No. 400 of 2006 allowing the same and thereupon setting aside the or......ed the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 31

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

....of limitation. The trial Court allowed pre-emption, but the lower appellate Court refused pre-emption. Both the Courts held that the question of limitation did not arise. In revision a learned Single Judge of the High Court Division, Dhaka set aside the lower appellate Court's judgment in the absenc......Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......d the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....e High Court Division, Dhaka in Civil Revision No. 402 of 1988). Judgment Badrul Haider Chowdhury CJ.- This appeal by Special leave is directed against the judgment and order passed by a single Judge of the High Court Di­vision in Civil Revision No.402 of 1988. 2. The moot question in this......t, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......fore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......lt, therefore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...

Category: Election Law | Date: | Hits: 134

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....efore the High Court Division that the landlord would get a decree on the ground of bonafide requirement if he could show any cause "which may be deemed satisfactory by the Court". The learned Single Judge of the High Court Division rejected that plea and observed: "This, I am afraid, will not co......f the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......mpany i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ..

Category: Property Law | Date: | Hits: 64

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....(c) there is a reasonable apprehension that the industrial concern is unable to pay its debts or may go into liq­uidation. In such circumstances section 33 empowers the Sangstha to move the District Judge having ju­risdiction for certain relief including order for pay­ment of the loan. Section 34......refore, this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......this appeal is allowed and the judgment and order of the High Court Divi­sion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ...... rule was issued on the respon­dent No.1 to show cause under what authority he claimed to hold the office of the Chairman since he has defaulted in paying the loan of Taka 10,000/- taken by him from Bangladesh Krishi Bank, Satkhira Branch. Thus he became a defaulter within the mean­ing of section ..

Category: Election Law | Date: | Hits: 124

Comilla Electric Sup­ply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......ome Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

.... are directed against the judg­ment and order of the High Court Division, in Civil Revision Nos. 302 and 303 of 1983. 2. Leave has been granted to decide the ques­tions as to whether the learned Judges of the High Court Division, Comilla Bench, were right in hold­ing that the amendment of the ......ult, therefore, these appeals are al­lowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......refore, these appeals are al­lowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......amendment will be within time, inasmuch as the pre-emption petition was within time……………(11) Cases Referred to- PLD 1948 (PC) 73; 15 DLR (SC) 120; Nurun Nahar V. Mohd. Fazlur Rahman, Bangladesh Supreme Court Report (1979) 135. Lawyers Involved: S.R Pal, Senior Advocate, instru..

Category: Procedural Law | Date: | Hits: 84