Search Options

Judgment Advanced Search

Displaying 7501-7520 of 8162 results.

Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)

.... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddin Ahmed and others.......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......nstructed by NI Bhuiyan, Advocate-on-Record—For Respondent No. 1. Dispensed with—Respondent Nos. 2 & 3. Civil Appeal No. 70 of 2003. (From the judgment and order dated 7-12-1998 passed by the High Court Division in Civil Revision No. 2170 of 1998). ......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..

Category: Property Law | Date: | Hits: 66

Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)

....smissed. Ed. ......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ...... by B Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 386 of 2003. (From the judgment and order dated 9th February, 2002 passed by the High Court Division in Writ Petition No. 673 of 2001).......lotment of a plot to the writ petitioner. 5.  So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 72

State Vs. Abdur Rahim, 2006, 35 CLC (AD)

.... petition under section 498 of Cr.P.C. is not maintainable. Disposal of seized articles is governed by section 517 Cr.P.C. The High Court Division committed illegality, while issuing rule, granting ad interim bail to the accused and releasing the seized article simultaneously without any prayer f......tition under section 498 of Cr.P.C. is not maintainable. Disposal of seized articles is governed by section 517 Cr.P.C. The High Court Division committed illegality, while issuing rule, granting ad interim bail to the accused and releasing the seized article simultaneously without any prayer for ...... Md. Wahidullah, Advocate-on-Record- For the Appellant. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Criminal Appeal No. 12 of 1999. (From the judgment and orders dated 9-12-1997 and 21-5-1998 passed by the High Court Division in Criminal Miscellaneous Ca......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

AHS Rahman Vs. State, 2006, 35 CLC (AD)

....e Court of Metropolitan Sessions Judge, Dhaka. 2. An first information report was lodged on 8-1-2002 by one Md. Abdul Hai, Anti-Corruption Officer (Task Force No. 1), Anti-Corruption Bureau, Bangladesh, Dhaka with the Ramna PS alleging, inter alia, that Md Nasim, former Minister for Post and Tel......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ...... Rouf, Deputy Attorney-General, with him) instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 99 of 2005 (From the judgment and order, dated 4tn January 2005 passed by the High Court Division in Criminal Miscellaneous Case No. 8......o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 89

State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)

....na, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ...... prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence. In such circumstances, benefit of doubt goes in favour of the accused……….(18) Before an order of acquittal is reversed it must be shown that the Judgment is not only unreasonable and manif......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)

.... ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......ngir, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 838 of 2004. (From the judgment and order dated 11th February 2004 passed by the High Court Division in Writ Petition No. 5360 of 2003)......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 66

Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)

....n: ......icer. 14.  In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ...... Amir Hossain, Advocate-on-Record— For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 118 of 2002. (From the judgment and order dated 22-3-1999 passed by the High Court Division in Appeal No.6 of 1996). Judgment ......icer. 14.  In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..

Category: Administrative Law | Date: | Hits: 112

Government of Bangla­desh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

....rein to the respondent. 2. Messrs Amora Holding Inc., the respondent, filed writ petition No. 1515 of 1998 under Article 102 of the Constitution through its local agent Messrs Mariner Bangladesh Ltd. impugning the order dated 16-6-88 passed by the respondent Nos. 1-3 to the writ-petition...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......instructed by ASM Khaleque, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos, 2 & 3. Civil Appeal No. 25 of 1999. (From the judgment and order dated 10th June 1998 passed by the High Court Division in Writ Petition No. 1515 of 1988). ...... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ...... The writ petitioner-respondents were granted settlement by writ petitioner-respondent no. 1 by registered instrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violation of the terms and conditions of the lea......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 77

Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)

....ellip;..Petitioner vs Collector of Customs, Chittagong and others..........................Respondents Judgment October 26, 2003. The Constitution of Bangladesh, 1972, Article 105 The ground taken for review indicates that the petitioner intends r......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......mdash;For the Petitioner (In all the cases). Not represented—Respondents (In all the cases). Civil Review Petition Nos. 52, 53 & 54 of 2000 (From the judgment and order dated 24 February 2000 passed by the Appellate Division in Civil Petition Nos. 830,831 & ......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 88

Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)

....ired to file an appeal and that the order of status quo so passed cannot be said illegal since the Court is very much competent to pass the order impugned in case the Court feels that the order would advance the cause of justice. 5. The order directing the parties to maintain status quo as regar......the nature and character of the property which is the subject-matter of the suit and as to possession of the parties in the property in suit. The order of status quo may either be of the nature of ad interim injunction or temporary injunction. The position of law is that an order of ad interim injun......ment November 30, 2005. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXI, rule 1, Order XII, rule (1) The settled law by now is that an order of status quo is an order of injunction directing the parties to the suit to restrain themselv......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ..

Category: Civil Law | Date: | Hits: 92

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

.... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abul   Kalam Azad   alias Ripon (Md)...................Appellant vs State....................is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......                    Md. Ruhul Amin J.- This appeal by the condemned prisoner is against the judgment and order dated January 25,2003 of a Division Bench of the High Court Division accepting the Death Refe......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..

Category: Criminal Law | Date: | Hits: 59

Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)

....udgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the suit land for more than sixty years. ......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ...... Dispensed with— Respondent Nos. 2-5 & 17-20. Ex parte—Respondent Nos. 6-8 & 13-16. Civil Appeal Nos. 18 & 19 of 1999. (From the judgment and order dated 5-5-1998 passed by the High Court Division in Civil Revision Nos. 560 & 149 of 1996......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..

Category: Property Law | Date: | Hits: 51

Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)

....e appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......possession has been taken by issuance of notice under article 7 of President’s Order No.16 of 1972.  No notice being served under article 7 upon the appellant entitling him to challenge the order treating the property as abandoned. Because of non-compliance of the provisions of article 7 a......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 108

Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ................al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......mayun Hossain Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 1490 of 2003. (From the judgment and order dated 15th September, 2003 passed by the Administrative Appellate Tribunal in Administrative ......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ..

Category: Administrative Law | Date: | Hits: 113

ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)

....ion is dismissed. The Penal Code, 1860 (XLV of 1860), sections 197 & 302 The Code of Criminal Procedure, 1898 (V of 1898), section 197. In view of the fact that the evidence on record leads to the irresistible conclusion that the offence alleged against the petitioners has not been com......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13......., instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not Represented—the Respondent. Criminal Petition for Leave to Appeal No. 48 of 2003. (From the judgment and order dated 13-11-2002 passed by the High Court Division in Death Reference No. 23 of 1999, Criminal......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13...

Category: Criminal Law | Date: | Hits: 78

Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)

....sir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......bur Rahman, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1699 of 2001. (From the judgment and order dated 22 May 2001 passed by the High Court Division in Civil Revision No. 4924 of 1998). ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 69

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Begum Shamsunnahar..................Appellant vs Government of Bangladesh represented by the Secretary, Women and Children Affairs &. others..............Responden...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ......aruna May Chakma, Additional Attorney-General with him) instructed by B Hossain, Advocate-on-Record—For the Respondents. Civil Appeal Ho. 299 of 2002. (From the judgment and order dated 28-1-2001 passed by the Administrative Appellate Tribunal in Appeal No. 127 of 1999). ...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 128

Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)

....uestion an order of the High Court Division dated 5 December, 1985 acquitting the accused respondents (except respondent Azimuddin) in Criminal Appeal No. 232 of 1984. All of them except Azimuddin had been earlier convicted by the Additional District Magistrate, Mymensingh, in CR Case No. 219(1) ......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... Abdul Malek, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent Nos. 1-9 and 11-13. Criminal Appeal No. 20 of 1989 (From the judgment and order dated 5.12.85 passed by the High Court Division, Dhaka, in Criminal Appeal No. 232 of 1984).......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..

Category: Criminal Law | Date: | Hits: 68

Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)

....ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......structed by Md. Nawab Ali, Advocate-on-Record - For the Petitioners. EX parte – Respondent. Criminal Petition for Leave to Appeal No. 45 of 1991. (From the judgment and order dated 13.6.91 passed by the High Court Division, Dhaka, in Criminal Appeal No. 410 of 1991).......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ..

Category: Criminal Law | Date: | Hits: 50