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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 ......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 ...... 06-04-2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 879 of 1998 under 561A of the Code of Criminal Procedure discharging the Rule. 2. The short facts, leading to this Criminal Petition, are that one Md. Abdul Matin Biswas son Abdul Latif Biswas..Category: Criminal Law | Date: | Hits: 89
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......ity passed the impugned order. 5. We have heard the learned Advocate-on-Record and perused the impugned Judgment of the High Court Division. The High Court Division having considered the facts and circumstances of the case found that the specific allegation of snatching away was mention..Category: Criminal Law | Date: | Hits: 81
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. ......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. ......eal No. 57 of 2002 dismissing the appeal and upholding the judgment and order dated 20.06.2002 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 196 of 2000. 2. The facts, in brief, leading to the leave petition are that the respondent was a Senior Principal Office..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. ......arge-sheet against 25 accused-persons including the present petitioners under sections 302/34 of the Penal Code. 4. The trial court, upon consideration of evidence on record and under the facts and circumstances of the case, found the petitioners guilty of the offence for Commission..Category: Criminal Law | Date: | Hits: 99
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. ......plea of the accused person is that he is innocent. In this case there is no suggestion by the defence that the occurrence took place elsewhere and in a different manner. 11. Now the question is whether a piece of stone can be treated as a weapon of offence in order to sustain convi......d (P.W. 6) in the case immediately after the occurrence. But the same has not effected the prosecution case materially because of the other evidence on record. 15. Therefore, in the facts and circumstances of the case and in the light of our above discussion, we are of the vie..Category: Criminal Law | Date: | Hits: 95
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. ......g aggrieved by judgment and order dated 31.07.1997 in Civil Revision No. 1730 of 1992 passed by a Single Bench 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..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. ...... pass to the plaintiffs on the basis of purchase from Jalal Ahmed who alleged to have acquired title in the suit land on the basis of the award. The High Court Division as well has not considered the question of possession on consideration of the evidence on record in this regard. 8. Al......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. ..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 ......he judgments and orders dated 03.03.2002 passed by a Division Bench of the High Court Division in Writ Petition Nos. 3142 of 1999, 4469 of 1999, 4470 of 1999, 4471 of 1999 and 4472 of 1999. As common question of law and fact is involved in all these petitions these were heard together and are dispos...... of 1999 and 4472 of 1999. As common question of law and fact is involved in all these petitions these were heard together and are disposed of by this judgment which shall govern all. 2. Short facts are that the writ petitioners that is respondents in all these civil petitions for leave ..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. ......sequently raised, and has been heard and finally decided by such Court. 12. 'Former' mentioned show that there was a remedy in a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto and in order to constitute res judicata the ......e been filed under section 33 read with section 30 of the Act but instead of that they have filed an objection under section 16 read with section 31 of the said Act which is not tenable in law in the facts and circumstances of the case. The learned Subordinate Judge further observed that even i..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....on dated 14.12.1998 and 23.12.1998. The relief's sought for in the AT case has already been mentioned hereinbefore, since the subject matter of the writ petition and the subject matter of the AT case identical, as such the writ petition so filed in the background of the decision in the case of Muj......ention that in the background of the facts that another Division Bench of the High Court Division by the Judgment on November 24, 1998 discharged the Rule in writ petition No. 647 of 1998 on the very question of determination of seniority of ASPs in the background of the decision reported in 16 BL......ision acted without jurisdiction in issuing the Rule in the writ petition only to grant interim order of injunction to the writ petitioners. It was also the contention that in the background of the facts that another Division Bench of the High Court Division by the Judgment on November 24, 1998 di..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....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. ......r to be a citizen of Bangladesh and wrongly held that plaintiff acquired citizenship under Article 4 of P.O. 149 of 1972 from 31.8.80. 8. In this case, we are primarily concerned with the question as to whether the property of the plaintiff is an abandoned property under P.O. 16 of 1972.......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 ..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. ......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..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....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. ......e we do not hold that this is a fit case for quashing. In such view of the matter, we are of the view that the High Court Division did not commit any illegality in refusing to quash the proceeding in question having prima facie allegation made in the complaint petition disclosing some offe......-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 ..Category: Procedural Law | Date: | Hits: 104
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. ......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..Category: Business or Commercial Law | Date: | Hits: 108
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ...... decreed in favour of the plaintiff which go to show that the issue regarding the character of the property was set at rest in previous suit and, in that view of the matter, it is begging the same question again in the present review petition arising out of subsequent suit. Over and above, the p......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..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....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. ......ly insurance and other service benefits. 13. In the instant case in passing the interim order the learned Judges, with all due respect for them, have riot at all considered the question of public interest and lots of other considerations e.g. if the Rule ultimately is discharg...... 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..Category: Employment/Service Law | Date: | Hits: 109
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......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 ..Category: Criminal Law | Date: | Hits: 103
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......ivil Revision No. 1476 of 2003 making the rule absolute-in-part so far as it relates to finding in respect of section 42 of the Specific Relief Act and directing the Court to dispose of the question of maintainability of the suit before recording of the evidence setting aside the order dat......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..Category: Employment/Service Law | Date: | Hits: 211
Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)
....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. ......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. ......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, ..Category: Procedural Law | Date: | Hits: 133
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....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. ......llaneous Appeal No. 86 of 1985 holding that the said premises is a purchased property by Amritalal Shah Banik in his individual capacity and as such the instant suit is not free from complicated question of title as such the very suit filed by the respondent is not maintainable under section 23......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 ..Category: Property Law | Date: | Hits: 54
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