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Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)

....nbsp;               Syed J. R. Mudassir Husain J: This Criminal-petition for leave to appeal is directed against the judgment and order dated 16.01.2001 passed by a Division Bench of the High Court Division in Criminal Appeal No. ...... 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)

....              Syed J. R. Mudassir Husain J. - The State, the leave petitioner is seeking leave to appeal against the judgment and order dated 20-1-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No. 6......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)

.... the list of their legiti­mate expectation to be promoted in due course.  36. The list should be shorter one con­sidering the vacant available posts. The authority would, however, order for impan­eling the officers keeping in mind the pro­portion to the posts lying vacant......irst upto 31.12.98 and then upto 30.6.99 without any sanction of law and nexus with the objective to be achieved and as such it was arbitrary and malafide.  III. Because the respondent Government practiced double standard by promoting 7 persons left out from the 1999 selection along w..

Category: Administrative Law | Date: | Hits: 130

Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)

....bsp;       Muhammad Abdur Rouf J.- This appeal by leave has been preferred by 3 (three) substituted heirs of the plaintiff late Dr. Md. Ismail Khan from the judgment and order of a learned Single Judge of the High Court Division dated 12-8-91 passed in Civil Revision No...... 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)

....sp;                     M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 13.07.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 16...... facts are that the appellant No. 1, a Public Limited Company and the appel­lant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox&#..

Category: Property Law | Date: | Hits: 127

The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)

...."Mr. Hasan Ariff, the learned Counsel appearing for the petition­er, submits that the learned Judges of the High Court Division misread and misconstrued the Memo dated 27 October, 1998 as an order with­holding B.Sc. (Honours) and M.Sc. examination results and thereupon erred in holding ......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)

....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)

....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)

....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)

....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.)  ......edecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy Commissioner, Naogaon were impleaded as defendant..

Category: Property Law | Date: | Hits: 63

Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)

....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)

.... 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)

.... 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)

....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)

....;                 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)

....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)

....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)

....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)

....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)

....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