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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. ......laimed entire CS plot No. 371 and they mutated their names and they are in possession all through. And in that suit the trial Court as well as the appellate Court on consideration of the materials on record found that the defendants purchased the entire land measuring 90 Satangsha. The plaintiff in ......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. ..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
.... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ..Category: Criminal Law | Date: | Hits: 109
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. ......against an order of Artha Rin Adalat. It may be mentioned here that in exercise of supervisory jurisdiction under Article 109 of the Constitution the High Court Division has got power to call for any records pending before the Subordinate Court but then in a case where provision of filing of a revis......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. ..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. ...... witnesses including her while defendants examined 3 witnesses including defendant No. 2 but defendant No. 1 did not depose in the suit. 5. The trial Court on consideration of evidence on record dismissed the suit on contest. The plaintiff took an appeal from the decree of the trial Cour......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. ..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. ...... eye-witnesses of both the incidents to prove the death of Munir and Khaled. The learned Additional Sessions Judge, First Court, Dhaka by an elaborate judgment on discussion of the entire evidence on record found the accused-respondents guilty of the charge under section 302/34 and 302/109 of the Pe......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. ..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. ......S. They are in possession of the suit land. The said Modaris Ali died leaving behind widow defendant No. 5, 3 sons and 2 daughters. Defendant No. 1 is in exclusive possession of the suit land and the record was also prepared in his name. The suit is thus liable to be dismissed. 4. The s......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. ..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. ......y;sons armed with deadly weapons rounded up Azam Ali and started giving him blows, and that accused Mostofa inflicted Falah blow upon the victim and on this allegation F.I.R was lodged which was recorded by the officer-in-charge of the Police Station. 3. The defence case is that th...... 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. ..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 ......ed 11-1-93 was started. 4. Police after investigation submitted charge sheet against the accused respondent under Section 19(A) of the Arms Act read with Special Power Act 1974. The case record was sent to the Special Tribunal No. 1 Shariatpur and cognizance of the offence was taken and......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 ..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....ng the cases of two or more officials for promotion to a post which is to be filled- on the basis of seniority-cum-fitness the senior-most person must be considered first and if he is found good enough to hold the post, he should be promoted even though the person or persons below him happ......agers in terms of the Provisions in para 5(3) of the aforesaid Notification. That the Selection Committee under the Chairmanship of the Governor of the Bangladesh Bank thoroughly examined the service record, work experience and academic qualifications and the relative seniority of 70 eligible candid......eral Managers in terms of the Provisions in para 5(3) of the aforesaid Notification. That the Selection Committee under the Chairmanship of the Governor of the Bangladesh Bank thoroughly examined the service record, work experience and academic qualifications and the relative seniority of 70 eligibl..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. ......tions filed by the respondents in the trial Court for substitution of the heirs of said Dr. Ismail Khan and the orders passed by that court allowing substitution of those heirs. On the basis of those records Mr. Khan submitted that five sons and the wife of said Dr. Ismail Khan were duly made partie...... 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. ..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
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. ......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. ......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. ..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. ......tion of title and confirmation of possession or in the alternative for recovery of possession if found to be out of possession stating, inter alia, that the suit land comprising of Schedule 1 and 2 recorded in C.S. Khatian No.2 and 2A originally belonged to one Baisnab Chandra Dey who was succee......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. ..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 ......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 ..Category: Property Law | Date: | Hits: 45
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. ......ongst the selves in respect of the entire land of suit plot no. 312. In that partition suit plaintiff Moulana Serajul Haque was allotted the present suit land in his share. The plaintiff got his name recorded his name in Khariji Khatian No. 322 of 1984 and paid rent regularly. The plaintiff also got......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. ..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. ...... Estate. Subsequently they settled the suit lands in favour of the plaintiff respondent Nos. 1 and 2 and one Boyezuddin Mollah by way of korfa pattan on 15th Kartick, 1357 B.S. The S.A. and R.S. record of rights being S.A. Khatian No. 384 and R.S. Khatian No. 17 were prepared and correctly......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. ..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ppellants to furnish the names of the left out parties because of the fact that the pre-emptor respondent himself filed a subsequent application on 25-04-1996 before the appellate court giving a good-bye to his earlier prayer made by application dated 20-04-1995 and prayed for remanding the cas......ment 8th May 2002. Lawyers Involved: T.H. Khan, Senior Advocate, (Mr. Mahbubey Alam, Senior Advocate and J. N. Deb, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-record-For the Appellants. Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Ho......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. ..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. ...... 14. The observation of the High Court Division that the writ petition is a device to side track and ignore the order of stay passed by the High Court Division is also not based on materials on record. 15. In the circumstances, we are of the view that the High Court Division commit......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. ..Category: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......proceedings are liable to be quashed and, therefore, the High Court Division fell in error in refusing to quash the proceedings. 6. We have considered the submissions and perused the materials on record. Departmental proceeding drawn against a public servant in not a bar to prosecute him for com......tion. 4. In support of the petition, Dr. M. Zahir, learned Counsel, submits, inter alia, that the petitioner has already been dealt with in departmental proceeding and has been dismissed from his service and, therefore, initiation of the Criminal proceedings against him cannot sustain being ba..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. ......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. ..Category: Criminal Law | Date: | Hits: 92
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