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Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....essary for the Government to form an opinion that his residence outside Bangladesh is prejudicial to the interest of Bangladesh before treating the property as an abandoned property. In the facts and circumstances of the case on the own showing of the plaintiff himself that he stayed ......ision (Civil) Present: A.T.M. Afzal C J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents. Judgment 2nd June 1997 Lawyers Involved: ......om 1.1.74; that the appellant was issued the certificate of citizenship, which is effective from the date of issuance of the certificate on 31.8.1980. 5. The trial court on a discussion of the evidence on record held, inter alia, that the plaintiff was a national of Bangladesh and he was stra..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....hy;tice. 10. Mr. A. J. Mohammad Ali, the learned Counsel appearing for the respondents, on the other hand, contended that having regard to the facts and circumstances of the case and in view of the materials on record the learn...... is accordingly dismissed without any order as to cost. Ed. ......the other materials on record contended firstly that the High Court Division is competent to interfere with the findings of fact if those are based on non reading and misreading of material evidence on record and also could interfere for mis-interpreting exhibit-5 the dee..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....-2001 passed by Magistrate, First Class, Munshigonj in C. R. Case No. 1 28 of 2000 (T. R. Case No. 20 of 2001) under Sections 147/447/37 of the Penal Code pending before the said Court. 2. The facts in brief leading to this petition are that the complainant-respondent, Abdur Rouf lodged ......ition is dismissed. Ed. ......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....t and decree dated 18 September 1991 passed by the Artha Rin Adalat No.3. Dhaka, in Money Suit No. 132 of 1991 who dismissed the suit and the cross objection of the defendant appellant. 2. The facts, in short, are that the plaintiff respondent filed the aforesaid Money Suit for refund of......p; Shafique Ahmed, Senior Advocate, (Subrata Chowdhury, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record- For the Respondent. Civil Appeal No. 28 of 1996 (From the judgment and order dated 22.08.1994 passed by the High Court Division in First Appeal No.57 of 1992) J...... condition of the contract and for alleged breach of the warranty the plaintiff was only entitled to ask for damages if any. 11. He then submits that the defendant appellant adduced sufficient evidence to prove that it sustained loss due to the failure of the plaintiff to lift the goods ..Category: Business or Commercial Law | Date: | Hits: 108
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....and order passed by this Division in Civil Appeal No. 45 of 1993 and Civil Appeal No. 86 of 1997. Since both the Review Petitions are between the same parties involving substantially the same facts and points of law, the same were taken up for hearing together and accordingly disposed of by......8) 197. ......ld not be a substitute of an appeal for rehearing the impugned judgment and order passed in appeal; and for correcting the same unless there is an error apparent on the face of the record based on evidence or material on record." 14. Supreme Court of India also held the same view of ..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
.... then difficulty Would arise in realizing the public money paid as per order of the High Court Division. The Court has no reason to be rigid in vacating or modifying an ex parte interim order, if the facts, presence whereof would have disentitled a party in having an ex parte interim order are place...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Chairman, Bangladesh Agricultural Development Corporation, Dhaka..........Appellant. Vs. S.M. Ali Imam and others.... Respondents Judgment March 12, 2005. The Constitutio......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....ave to appeal against the judgment and order dated 08.08.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3446 of 2003 discharging the rule. 2. The facts as stated in the petition, in brief, are that one Enamul Haque lodged an ejahar on 08.03.2001 ......mad Ali, Attorney General, instructed by Zahirul Islam, Advocate-on-Record For the Respondent. Criminal Petition for Leave to Appeal No. 282 of 2004 (From the judgment and order dated 08.08.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 3446...... such investigation, the officer in charge of the police-station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of Sub-sections (1) to (3A) shall, as far as may..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......ent: Md. Ruhul Amin J. Mohammad Fazlul Karim J. M.M. Ruhul Amin J. Md. Tafazzul Islam J. Amirul Kabir Chowdhury J. The State.................................Petitioner. Vs. Mofizuddin and others ......... Respondents. Judgment 29 November 2005 Criminal Petition For Leave To ...... of death and the condemned prisoners also preferred criminal appeal as aforesaid. 5. The High Court Division on consideration of the materials on record found that it is case of no evidence and the judgment and order of the conviction and sentence of accused Mofizuddin is not base..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....hat the suit is not barred by section 42 of the Specific Relief Act, that the above contention of the learned Single Judge of the High Court Division is misconceived, full of misreading of facts because of the fact that there is reference in respect of rejection of the plaint under s...... Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent. Judgment August 9, 2005. The Con......908), Order XIV, rule 2; Order XLI rule 33. Question of maintainability of the suit under section 42 of the Specific Relief Act read with section 56 (f) could be eventually decided on taking evidence after filing of the written statement. The Courts below are directed to hear the suit on a..Category: Employment/Service Law | Date: | Hits: 211
Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)
....etitioner seeks leave to appeal against the judgment and order dated 30.4.2002 read with order dated 18.6.2002 passed in Civil Rule No. 1 10 (con) of 1999 making the rule absolute. 2. The facts, in short, are that the judgment of the court of appeal below was delivered on 9.3.1998, ......d Fazlul Karim, J. Md. Hamidul Haque, J.Md. Tafazzul Islam, J. Abul Kalam Azad.....................Petitioner. Vs. Government of Bangladesh, represented by the Deputy Commissioner, Dinajpur and others........Respondents. Judgment 8 November 2003 Lawyers Involved: Md. ......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 133
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....t then he can raise the question of title in a separate suit for declaration of title but not in the instant suit for his eviction filed by the landlord. 9. However, having regard to the facts and circumstances of the case, we are fully in agreement with the findings and decisions ......late Division (Civil) Present: Md. Ruhul Amin J. Syed J. R. Mudassir Husain J. Anil Ranjan Deb......................Petitioner. Vs. Yoshodalal Amritalal Shaha Banik and others.....................Respondents. Judgment 9 November 2003 Lawyers In......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....mpany Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk. 2000/- each, in default, to suffer simple imprisonment for 15 days. 2. The facts which led to the contempt petition, inter alia, are that the respondent is a sponsor sharehold......Court Appellate Division (Criminal) Syed J. R. Mudassir Husain C.J. Mohammad Fazlul Karim J. Amirul Kabir Chowdhury J. Hamidul Huque, Managing Director, United Commercial Bank Ltd and another ....Appellants. Vs. Akhteruzzaman Chowdhury.... Respondents Judgment June 27, ......03 asking the contemn-er-appellant No. 1 to make necessary arrangements for holding the AGM of the Bank within the time fixed by this Court and to do the needful for holding the meeting which is evidenced by Annexure-X to the Contempt Petition. It appears that inspite of that request no steps w..Category: Business or Commercial Law | Date: | Hits: 118
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....sis of simple interest. Considering the pros and cons of the case under consideration the High Court Division observed that there is no merit in the aforesaid appeal. 9. We have considered the facts and circumstance of the case as well as the impugned judgment and order passed by the Div......y, the leave petition is dismissed. Ed. ......petitioner Syed Ehsanul Hussain filed an application praying for time to enable him to file written objection but the prayer was not allowed. Thereafter, the learned District Judge after perusing the evidence on record and hearing the respondent herein passed the impugned order directing the opposit..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....late Tribunal dismissing the Miscellaneous Appeal No.04 of 2000 affirming those dated 7.12.2000 of the Administrative Tribunal, Dhaka rejecting the appellant's Execution Case No.3 of 2000. 2. The facts, leading to this appeal, are that the appellant filed the aforesaid Miscellaneous Appeal No.4 ......mad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nurul Hoque Miah……………………....Appellant Vs. Government of Bangladesh represented by the Secretary, Ministry of Establishment and others………………………………………………….Respondents Judgment May ......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....other judgment can be made other than the one made by the learned Additional District Judge while allowing the Miscellaneous Case (Co-operative Societies) No. 297 of 1994. In the background of the facts that were noticed by the learned Additional District Judge and considered by him while allowi...... Syed J. R. Mudassir Husain J Md. Mojibul Huq alias Shaikh Md. Mojibul Huq………..Appellant Vs. Md. Yakub Ali being dead his heirs: Mrs. Sonaban Bibi and others…………... Respondents Judgment November 9, 200......t the deed dated 14,3.1980 was brought into existence through forgery. The finding of the learned Additional District Judge that the deed dated 14.3.1980 was forged and fabricated based on internal evidence of that very document. The learned Additional District Judge also observed that the appel..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
....-19 are entitled to get an order of release. 9. The admitted position is that the property in suit has been acquired by the Government and to that effect gazette notification has been made. These facts are not disputed by the Respondent Nos. 1-19 (the Respondents). It is the contention of the Re......is Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..Category: Limitation Law | Date: | Hits: 189
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... appeals being heard analogously were disposed of by the High Court Division by same judgment and order. Both the appeals being heard together by us are disposed of by this Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant be...... This Case is also Reported in: ......s it relates to convict Aynul Sheikh was not pressed and was thus dismissed. 7. In support of the Appeal Mr. Md. Nawab All, learned Advocate-on-Record submits, inter alia, that there is no cogent evidence against the appellants as to allegation of catching hold of the hands of the deceased by th..Category: Criminal Law | Date: | Hits: 97
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....rs this petition for leave to appeal has been filed against the judgment and order dated 18.10.2001 passed by the High Court Division in Writ Petition No. 940 of 1995 discharging the Rule. 2. The facts leading to the this petition, in brief, are that one Dr. Abdul Khayrat got lease of the disput......missed. Ed. This Case is also Reported in: ......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
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