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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. ...... and others.......Plaintiff-Appellants. Vs. Abul Younus Talukder being dead his heirs Mrs. Yunus Ali Talukder and others .........Defendant- Respondents.  Judgment 29th November 1995  Cases Referred to- Pradip Das and others vs. Kazal Das Sharma and others, 44 D.L.R. (AD) 1  L..

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. ..

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. ..

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. ......does not authorise the High Court Division to disturb finding of fact of the Court of appeal below, the final Court of fact, arrived at on appreciation of the evidence…....................(23) Cases Referred to- Madan Gopal & ors Vs. Maran Bepari, 21 DLR (SC) 448; 30 DLR (SC); Mir La..

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 ..

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. ......85 against the defendants beyond their knowl­edge   and   suppressing   the   Summons obtained the ex parte decree. The defendants thereafter filed a Misc. Case No. 45 of 1985 under order 9 Rule 13 C.P.C for setting aside the said ex parte decree and ultim..

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. ......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)

....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. ...... to give a fresh chance to the pre-emptor-respondent to   prove  his case".  3. Facts of the case, briefly, are that the respondent as pre-emptor instituted a Miscellaneous Case No. 7 of 1992 for pre­emption of the case land under Section 96 of the State Acquisition an..

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. ......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. ......r Not Represented-Respondent Criminal Petition for Leave to Appeal No. 124 Of 2001 (From the Judgment and Order dated 11.04.2000 passed by the High Court Division in Criminal Miscellaneous Case No. 2179 of 1994.) Judgment Amirul Kabir Chowdhury J:- Accused Abdul Jalil Khan, the ..

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. ......d baggage and that Amirul Alam after coming round and becoming a bit physically well lodged a First Information Report with Mohammadpur Police Station on the basis of which Mohammadpur Police Station Case No. 32 Dated 10.03.1993 was started under Sections 328/420 of the Penal Code. The police held i..

Category: Criminal Law | Date: | Hits: 92

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 ......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 Miscellaneous Case No. 879 of 1998 under 561A of the Code of Criminal Procedure discharging the Rule.  2. Th..

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. ......d- the Respondent.   Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed by the High Court in Criminal Miscellaneous Case No. 5869 of 2000)  Judgment         &n..

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. ......trative Appellate Tribunal in Appeal 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 respond..

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. ......onment for life and also to pay a fine of Tk. 2,000/- each in default to suffer R. I. for a period of 2 years more as passed by the learned Additional Sessions Judge, 3rd Court, Rajshahi, in sessions Case No. 118 of 1985 by the judgment and order dated 17-11-1997.  2. The prosecution case..

Category: Criminal Law | Date: | Hits: 99

Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)

....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. ......1998. The revisional application under Section 439 of the Code of Criminal Procedure was filed against the order dated 22nd June, 1997 of the 2nd Court of Additional Sessions Judge, Dhaka in Sessions Case No. 25 of 1997 rejecting an application filed under section 265C of the Cr.P.C. seeking dischar..

Category: Criminal Law | Date: | Hits: 90

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

....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 ......h Court Division in Criminal Appeal No. 1819 of 1994 dismissing the same by upholding the order of conviction and sentence as passed by the District and Sessions Judge Rajbari on 31-08-94 in Sessions Case No. 7 of 1994 convicting the petitioners under Section 302/34 of the Penal Code sentenc­ing..

Category: Criminal Law | Date: | Hits: 121

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. ...... Criminal Appeal No. 2777 of 1998 dis­missing the appeal of the appellant modify­ing the conviction and sentence passed by the learned Additional Sessions Judge, 3rd Court, Sylhet in Sessions Case No. 42 of 1994 altering conviction of the appellant under section 304 Part-1 of the Penal Code ..

Category: Criminal Law | Date: | Hits: 95

Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)

.... 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 ......ivision in Writ Petition No. 2095 of 1999 discharging the rule issued against the judgment and order dated 9.5.1999 passed by the First Labour Court, Chittagong allowing the case in part in Complaint Case no. 14 of 1993 whereby the second party appellant was directed to pay proportionate dues to the..

Category: Labour and Industrial Law | Date: | Hits: 130

National Board of Revenue and oth­ers Vs. Mustafizur Rahman, 2003, 32 CLC (AD)

....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: ......rt the impugned judgment with 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