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Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ...... Amin J Abu Sayeed Ahmad J M.M. Ruhul Amin J Moulana Serajul Haque ......Appellant.(In both the appeals). Vs. Md. Saifullah ......Respondent In both the appeals). Judgement 29 July 2003 Lawyers Involved: S.S. Haider, Senior Advocate instructed by ..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......ts inherited the suit land. The plaintiffs and Boyezuddin who never possessed the suit property collusively got their names recorded in the S.A. and R.S. records. 4. The learned Assistant Judge, 2nd Court, Naogaon decreed the suit in favour of the plaintiff respondents. The defendant pre..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ....... 30,000/-as the respondent is the owner of the case land by inheritance it was essential for his peaceful enjoyment as such he filed said Miscellaneous Case for pre-emption in the court of Assistant Judge, Sunamgonj. 4. In the appellants contested the case by filing written statement c..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... No. 1207 of 1999. The Civil revision was pending at the relevant time. 3. Respondent Nos. 2 and 3 filed Other suit No. 280 of 1987 in the Court of Assistant Judge, Chittagong (subsequently renumbered as Other Suit No. 25 of 1992) seeking declaration t..Category: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....the petitioner and the Thana Magistrate, Adamdighi accepted the charge sheets and the petitioner has been allowed bail by the learned Sessions Judge and the cases have been transferred to the learned Divisional Special Judge, Adamdighi, Rajshahi for trial. 3. The petitioner filed an application ......ner and the Thana Magistrate, Adamdighi accepted the charge sheets and the petitioner has been allowed bail by the learned Sessions Judge and the cases have been transferred to the learned Divisional Special Judge, Adamdighi, Rajshahi for trial. 3. The petitioner filed an application before the ......au after investigation submitted charge sheets against the petitioner and the Thana Magistrate, Adamdighi accepted the charge sheets and the petitioner has been allowed bail by the learned Sessions Judge and the cases have been transferred to the learned Divisional Special Judge, Adamdighi, Rajsha..Category: Anti-Corruption Laws | Date: | Hits: 94
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......; Criminal Petition For Leave To Appeal No. 106 of 2001. (From the Judgment and Order dated 23.10.2000 passed by the High Court Division in Criminal Appeal No. 2897 of 1999). Judgement &..Category: Criminal Law | Date: | Hits: 92
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......d F. I. R took up the investigation of the case and thereafter submitted charge sheet under the aforesaid sections and trial was held in his absence and after the trial the learned Sessions Judge and Special Tribunal Judge, Pabna, on receipt of the record registered the case as Special Tribunal Case......on the said F. I. R took up the investigation of the case and thereafter submitted charge sheet under the aforesaid sections and trial was held in his absence and after the trial the learned Sessions Judge and Special Tribunal Judge, Pabna, on receipt of the record registered the case as Special Tri..Category: Criminal Law | Date: | Hits: 89
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......r Sections 409/477A/109 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) for alleged embezzlement of the money of the bank and for other offences in Special Case No. 08 of 1997 and that he was also proceeded with in departmental proceeding drawn a......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......g each of them to suffer rigorous imprisonment for life and also to pay a fine of Tk. 2,000/- each in default to suffer R. I. for a period of 2 years more as passed by the learned Additional Sessions Judge, 3rd Court, Rajshahi, in sessions Case No. 118 of 1985 by the judgment and order dated 17-11-1..Category: Criminal Law | Date: | Hits: 99
Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)
....ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ......ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ......inal Revision No. 529 of 1998. The revisional application under Section 439 of the Code of Criminal Procedure was filed against the order dated 22nd June, 1997 of the 2nd Court of Additional Sessions Judge, Dhaka in Sessions Case No. 25 of 1997 rejecting an application filed under section 265C of th..Category: Criminal Law | Date: | Hits: 90
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ...... passed by a Division Bench of the High Court Division in Criminal Appeal No. 1819 of 1994 dismissing the same by upholding the order of conviction and sentence as passed by the District and Sessions Judge Rajbari on 31-08-94 in Sessions Case No. 7 of 1994 convicting the petitioners under Section 30..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......n Bench of the High Court Division in Criminal Appeal No. 2777 of 1998 dismissing the appeal of the appellant modifying the conviction and sentence passed by the learned Additional Sessions Judge, 3rd Court, Sylhet in Sessions Case No. 42 of 1994 altering conviction of the appellant under ..Category: Criminal Law | Date: | Hits: 95
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......of the High Court Division the defendant appellants preferred this appeal. 2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......gh Court Division. Thereafter leave was granted by this Division to consider the submissions that in a suit for permanent injunction the main issue was the factum of possession but the learned Single Judge without determining this primary and vital issue, decided the title and merit of the suit in i..Category: Property Law | Date: | Hits: 43
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
....six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ...... Industrial Area, Tongi, Gazipur and were dismissed from service with effect from 09.08.1993 on the ground that they were convicted in Sessions Case No. 187 of 1992 by the learned Additional Sessions Judge, 2nd Court, Dhaka and sentences to suffer imprisonment for life and also to pay fine of Tk. 5,..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ...... the judgment and order dated 4th April 1996 passed by the High Court Division in Appeal From Original Order No. 82 of 1993 allowing the appeal setting aside those dated 30.11.1992 of the Subordinate Judge, First Court, Dhaka in Miscellaneous Case No. 71 of 1991 declaring the award dated 21.9.1991 s..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....gal occupation of the said defendants; thereafter the present suit was filed; that during the pendency of the suit, the plaintiff filed an application in July, 1983 by way of remainder before the Sub-Divisional Officer, Sadar, Dhaka, a Prescribed Authority under Article 15 of the Bangladesh Abandone......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......st the judgment and decree dated 5.3.89 passed by a Division Bench of the High Court Division in First Appeal No. 40 of 1985 reversing the judgment and decree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted ..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......ted 8.3.1999 passed by the High Court Division in Civil Revision No. 2181 of 1997 discharging the Rule and thereby affirming the judgment and decree dated 12.1.1997 of the learned Additional District Judge, First Court, Narayangonj allowing the Title Appeal No. 83 of 1994 decreeing the suit upon rev..Category: Property Law | Date: | Hits: 73
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......20% per annum till realization. The defendant in its written statement made a counter-claim of Tk.20,31,872/-against the plaintiff with 20% interest per annum till relisation. The learned Subordinate Judge dismissed both the suits and the counter claim. 3. The case of the plaintiff respondent..Category: Business or Commercial Law | Date: | Hits: 108
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