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State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)

....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......nst respondent Nos. 2 and 3, in default RI for six months and one year respectively, passed by the Additional District Magistrate, Pabna in DAB GR Case No. 1 of 1988, affirmed by the learned Sessions Judge, Pabna in Criminal Appeal No. 42 of 1989. 2. PW 11 Abul Khair lodged a petition of complai..

Category: Procedural Law | Date: | Hits: 120

Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)

.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ...... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......a Division Bench of the High Court Division in First Misc. Appeal No. 15 of 1996 allowing the appeal and setting aside the order of attachment before judgment dated 27-11-95 passed by the Subordinate Judge, Second Court, Chittagong in Money Suit No. 14 of 1995. 2. Material facts of the case are ..

Category: Procedural Law | Date: | Hits: 134

Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)

....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......ought not to have given any finding regarding the deed of gift in view of the fact that the matter is sub judice in Title Appeal No. 57 of 1993 preferred by the plaintiff in the Court of the District Judge. 12. As regards the second complaint it was found that respondent No. 1 had violated claus..

Category: Others | Date: | Hits: 105

Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......ition for Leave to Appeal No. 416 of 1997 Judgment Bimalendu Bikash Roy Choudhury J.- The petitioner is defendant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the respondent for specific performance of a contract for sa..

Category: Property Law | Date: | Hits: 82

Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)

....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......to Bangola and never entered into any agreement for sale of the suit land with the plaintiffs. He purchased only a nal land fit for agricultural purpose at Bangola mouza. 4. A learned Subordinate Judge of Manikganj dismissed the suit. Upon appeal, Title Appeal No.220 of 1981 the decision was rev..

Category: Property Law | Date: | Hits: 88

Azizur Rahman alias Md. Azizur Rahman Vs. Bangladesh, 1997, 26 CLC (AD)

....beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......beginning of this judgment to be in the positive, namely, that there is jurisdiction to interfere, the appeals arc dismissed. No costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 8. ......rs……………….Respondents AM Agha Yousuf and another…………………………….Appellants Vs. ASF Rahman and others…………………………………….Respondents Judgement July 31, 1997. Result: The appeals are dismissed. Rules of the High Court Div..

Category: Procedural Law | Date: | Hits: 138

Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)

....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......hury J. - This appeal by leave by the plaintiffs is directed against the judgment and order dated 25 January 1994 of the High Court Division in Civil Revision No. 145 of 1988 whereby a learned Single Judge of the said Court, making the Rule absolute, set aside decrees of the courts below and dismiss..

Category: Property Law | Date: | Hits: 83

Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)

....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for.  Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for.  Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......ed by the master of the vessel and customs officer. So the plaintiff is not entitled to any decree in the suit.  4. After considering the evidence adduced by the parties learned Admiralty Judge dismissed the suit by the impugned judgment dated 3-8-1998 on the view ‘that plaintiff h..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......999 passed by a Division Bench of the High Court Division in Civil Revision No. 2757 of 1999 making the Rule absolute rejecting the plaint of Title suit No. 42 of 1999 of the 5th Court of Subordinate Judge, Dhaka who earlier rejected the defendants’ prayer for rejection of the plaint und Order VII..

Category: Property Law | Date: | Hits: 101

Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)

....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......y prior to that the respondent filed an application for recalling PW 1 again to prove certain documents as through mistake certain valuable documents relating to loan had not been proved. The learned Judge of Artha Rin Adalat allowed the application of the respondent and fixed the case on 11-6-1994 ..

Category: Business or Commercial Law | Date: | Hits: 148

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......pellate Court by its judgment and decree dated 22-4-92 dismissed the appeal leading to filing the present revisional case under section 115(1) CPC in the High Court Division. 6. The learned Single Judge on considration of evidence on record on an elaborate judgement rightly found that the origina..

Category: Civil Law | Date: | Hits: 162

Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)

....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......s lodged on 8-5-9 1 at 3-30 AM (within 7 hours of the occurrence) by the father of deceased Munir. On these allegations the accused respondents along with others were put on trial Additional Sessions Judge, First under sections 302/34 and other sections of the Penal Code. 3. The defence case is o..

Category: Criminal Law | Date: | Hits: 108

Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ......suit land.  6. Being aggrieved, the defendants pre­ferred Second Appeal No. 143 of 1969 before the High Court Division against the aforesaid judgment and decree and the learned Single Judge of the High Court Division by the judgment and decree dated 7th May, 1997 allowed the appeal u..

Category: Property Law | Date: | Hits: 76

Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)

.... the explanations offered for condonation of delay are far from satisfactory.  For the above reasons, this petition mer­its no consideration. Accordingly, it is dis­missed.  Ed. ...... the explanations offered for condonation of delay are far from satisfactory.  For the above reasons, this petition mer­its no consideration. Accordingly, it is dis­missed.  Ed. ......ivision Bench of the High Court Division in Criminal Appeal No. 757 of 1995 dismiss­ing the same and upholding the order of conviction and sentence dated 22-03-1995 passed by the learned Sessions Judge, Pabna in Sessions Case No. 57 of 1992 con­victing the petitioner under sections 302/34 of..

Category: Criminal Law | Date: | Hits: 94

State Vs. Nurul Islam, 2006, 35 CLC (AD)

....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ......e judgment and order dated 20-1-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No. 680 of 1994 allowing the same upon setting aside the order of the Assistant Judge and Special Tribunal, Shariatpur Convicting the accused respon­dent for the offence punishable under......ted- Respondent  Criminal Petition For Leave to Appeal No. 15 of 2001. (From the Judgment and Order dated 20-1-2000 passed by the High Court Division in Criminal Appeal No. 680 of 1994)  Judgement               &..

Category: Criminal Law | Date: | Hits: 106

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

....le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ...... the  Second Interview Board were left out arbitrarily, malafide and in violation of their fundamental rights.   7. That the Finance Minister Mr. Shah A.M.S. Kibria submitted an Special Report to the Prime Minister on 30.08.2000 recom­mending approval of the promotion list ......le of equity and good conscious.  In the result, this appeal is dismissed without an order as to costs.  Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..

Category: Administrative Law | Date: | Hits: 130

Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)

.... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ......p;   Muhammad Abdur Rouf J.- This appeal by leave has been preferred by 3 (three) substituted heirs of the plaintiff late Dr. Md. Ismail Khan from the judgment and order of a learned Single Judge of the High Court Division dated 12-8-91 passed in Civil Revision No. 482 of 1988 discharging ..

Category: Procedural Law | Date: | Hits: 83

The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)

....10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant.  The appeal is accordingly dismissed without any order as to costs.  Ed. ......udents guilty of the same or similar offense of appears at the Honours Examination on the basis of forged mark sheet showing pass at the subsidiary examination, has given them chance to appear at the Special Subsidiary Examination in order to regularise their result and the petitioner did not avail ...... to consider the submission of the learned Counsel for the appellant appearing as under:  "Mr. Hasan Ariff, the learned Counsel appearing for the petition­er, submits that the learned Judges of the High Court Division misread and misconstrued the Memo dated 27 October, 1998 as an ord..

Category: Constitutional Law | Date: | Hits: 154

Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)

....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......ainst judgment and decree dated 27.11.1984 passed by the High Court Division Chittagong Division in Second Appeal No.279 of 1973 allowing the appeal setting aside those dated 9,3,1973 of the District Judge, Chittagong in Title Appeal No.149 of 1971 affirming those dated 5.5.1971 of the Munsif, Secon..

Category: Procedural Law | Date: | Hits: 112

Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)

....its.  4. No other submission of any signifi­cance has been made by the learned Advocate for the petitioner. We find no ground for interference.  The petition is dismissed.  Ed ......its.  4. No other submission of any signifi­cance has been made by the learned Advocate for the petitioner. We find no ground for interference.  The petition is dismissed.  Ed ...... Mustafa Kamal J.- The plaintiff-peti­tioner's suit for permanent injunction in respect of the suit property, Title Suit No. 109 of 1994, was decreed by the 6th Court of Senior Assistant Judge, Dhaka by judg­ment and decree dated 12.5.1997. On appeal, Title Appeal No. 137 of 1997, t..

Category: Property Law | Date: | Hits: 45