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Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
.... 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. ......r non consideration of evidence or any error of law or procedure affecting the merit of the case. 25. The result is, therefore, this appeal is allowed with costs. The impugned judgment and order of the High Court Division are set aside and those of the learned District Judge duly affirmin......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)
....e case. The lower appellate court found defendant nos. 6-8 to be in possession on consideration of the documents produced as exhibits. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The pet......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 ......wed the same and dismissed the suit. The plaintiff-petitioner's revision, Civil Order no. 4830 of 1998, was summarily rejected by a learned Single Judge of the High Court Division by judgment and order dated 26.10.1998 from which the plaintiff-petitioner has preferred this petition for leave to ......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)
....eal 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. ......p; M. M. Ruhul Amin J.- These two appeals by leave are from the judgment and order dated 19.03.1998 passed by the High Court Division in Civil Revision Nos. 4183 and 4184 of 199......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)
....din Mondal @ Matiar Rahman Mondal & others......Appellants. Vs. Full Mohammed Mollah & others...... .Respondents. Judgment 23rd May 2005 Lawyers Involved: Abdul Wadud Bhuiyan instructed by ASM Khalequzzaman, Advocate-on-Record- For the Appellants Mahbubey......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. ......lam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3 Not represented- Respondent No. 4 Civil Appeal No. 72 of 2003 (From the judgment and order dated 23.08.2001 passed by the High Court Division in Civil Revision No. 1998 of 1999.) ......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)
....ondent Judgment 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, instruct......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. ......p; Syed J. R. Mudassir Husain J:- This appeal by leave, at the instance of the pre-emptee, is directed against the judgment and order dated 06-06-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 372......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)
....t at serial No. 11 of the Bench for hearing two applications. From the cause list of the same Bench dated 06.01.2000 it appears that the writ petition at serial number 3 was posted for order but instead of disposing of the applications the main Rule was discharged. Thus it is clear that the writ pet......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. ...... Abdus Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) J......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)
....y are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......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. ...... Court Division in Criminal Miscellaneous Case No. 2179 of 1994.) Judgment Amirul Kabir Chowdhury J:- Accused Abdul Jalil Khan, the petitioner seeks leave to appeal against the judgment and order dated 11.04.2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneo......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. ..Category: Anti-Corruption Laws | Date: | Hits: 94
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....late Division (Criminal) Present: Syed JR Mudassir Husain C J Mohammad Fazlul Karim J ......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. ......sp; Amirul Kabir Chowdhury J:- The delay is condoned. At the instance of the State this petition has been preferred seeking leave to appeal against the judgment and order dated 23.10.2000 passed by the High Court Division in Criminal Appeal No. 2897 of 1999 allowin......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
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....00 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 of villa......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 ......; Syed J. R. Mudassir Husain J.- The accused petitioner seeks for leave to appeal against the judgment and order dated 06-04-2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneo......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 ..Category: Criminal Law | Date: | Hits: 89
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
.... Enamul Haque... .............Petitioner Vs. The State..........Respondent Judgment July 20, 2002. Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. &nbs......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. ......nbsp; Syed J. R Mudassir Husain J.- This Criminal Petition for leave to appeal has been filed by the accused petitioner Enamul Haque against the judgment and order dated 27th June, 2001 passed by the High Court Division discharging the Rule obtained in Crimi......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. ..Category: Criminal Law | Date: | Hits: 81
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....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. ......llate Tribunal in Appeal No. 57 of 2002.) Judgment Amirul Kabir Chowdhury J:- Janata Bank, its Managing Director and Assistant General manager seek leave to appeal against the judgment and order dated 07.09.2003 passed by the Administrative Appellate Tribunal in Appeal No. 57 of 2002 dism......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)
....prosecution case in brief is that on 10-12-1984 at about 6.30 A.M. Rafatullah (deceased) the father of the informant Md. Afsar Ali (P.W.1) riding bicycle started for Bhavanigonj to attend court advising his son the P.W.1, who was also an accused in the case to follow him after taking his break......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. ......nd July 2002 Lawyers Involved: Md. Nowab Ali, Advocate-on-Record-For the Petitioners. Not Represented-Respondent. Criminal Petition No. 136 of 2001. (From the judgment and order dated 19-4-2001 passed by the High Court Division in Criminal Appeal No. 2527 of 1997). ......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. ..Category: Criminal Law | Date: | Hits: 99
Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)
....der sections 392 and 411 of the Penal Code. 2. The High Court Division discharged the Rule upon observing that in view of the materials on record there is no ground to set aside the charge already framed against the accused-petitioner and to discharge him. The High Court Division further obse......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. ......p; Md. Ruhul Amin J:- This petition for leave to appeal has been filed by the accused-petitioner against the judgment and order dated 10th June, 1999 of a Division Bench of the High Court Division discharging the Rule......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. ..Category: Criminal Law | Date: | Hits: 90
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....hat her husband might have gone to his nephew's house at Jitka and as such they did not feel necessary to search for him; that on 25/7/93 at about 7.00 a.m. she heard from local people that one dead body was found in the jute field of one Sona Miah of village Maharajpur and the villagers were go......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 ......p; Syed J. R. Mudassir Hussain J:- The accused leave petitioners in custody have sought for a leave to appeal against the judgment and order dated 5-2-2001 passed by a Division Bench of the High Court Division in Criminal Appeal No. 18......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 ..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....60 (XLV of 1860), Section 324 In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of stone in his hand, the other accused also assaulted the victim and the victim s......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. ......bsp; M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 02.06.1999 passed by a Division Bench of the High Court Division in Criminal Appeal No. ......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. ..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....993. The appeal is accordingly allowed in part without any order as to costs. Ed ...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......). Judgment Mohammad Fazlul Karim J.- This appeal by leave is directed against the judgment and order dated 30th May 2000 passed by the High Court Division in Writ Petition No. 2095 of 1999 discha...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....er, 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: ......d 3rd November, 1999 passed by the High Court Division Writ Petition No. 3453 of 1998) Mohammad Fazlul Karim J.- The appellants (writ-respondents) obtained leave against the impugned judgment and order of the High Court Division making the Rule absolute declaring that the impugned Memo No. 2(14)......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)
....s 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. ...... Revision No. 1730 of 1992) Judgment Amirul Kabir Chowdhury J.- Being 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......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. ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....n 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. ......bsp; Mohammad Fazlul Karim J. - This appeal by leave is directed against the judgment and order dated 5 July 1998 passed by the High Court Division in Civil Revision No. 3266 of 1997 making ......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)
....bsp; the cases) Vs. Md. Barkatullah & others...........Respondents (in C. P. No. 898 of 2002) Md. Abdus Salam & others.............Respondents, (in C. P. No. 899 of 2002) Md. Abdul Kader & others.....Respondents (in C. P. No. 900 of 2002) Md. Labu Mia & others..............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 ......cate-on-Record-For the Petitioner (in all the cases) Not represented-Respondent (in all the case) Civil Petition for Leave to Appeal Nos. 898-902- of 2002. (From the Judgment and order dated 03.03.2002 passed by the High Court Division in Writ Petition Nos. 3142 & 4469-4472 ......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 ..Category: Employment/Service Law | Date: | Hits: 120
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