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State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......lly sustainable in law but if a Rule is issued on this application there will be further delay in the disposal of the case particularly when the petitioner has been languishing in hajot (detention) for about 4 years. In that view of the matter, in exercise of inherent powers we direct the Sp......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......e under Section 25A of the Special Powers Act, 1974 and as such the impugned order to the effect that case comes under Section 489C of the Penal Code is erroneous. Because the learned Judges of the High Court Division without issuing any rule and hearing the State summarily dis..Category: Criminal Law | Date: | Hits: 38
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ......03. (From the Judgment and order dated 30-06-2003 passed by the High Court Division in Writ Petition No. 2875 of 2003) Judgment Syed J. R. Mudassir Husain.- This civil petition for leave to appeal is directed against the judgment and order dated 30-06-2003 passed by the High ......mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ......ers. On perusal of the impugned judgment of the High Court Division, it appears that the petitioners remained absent when the application for addition of party was being heard. However, the learned Judges of the High Court Division passed the following order: “Mr. Mohammad Zafar..Category: Property Law | Date: | Hits: 24
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ...... and P.W.17 Inspector Aktaruzzaman went to Eskaton Garden to trace the movement of respondent Md. Liaquat Hossain an accused in Dr. Milan murder case and at about 17.05 hours they got secret information that respondent had been staying with arms in Sabujsangha Club at No.1 Eskaton Garden and......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ...... directing both the sentences to run concurrently. 8. Being aggrieved by the same, the appellant preferred Criminal Appeal No.2187 of 1993 before the High Court Division and the learned Judges of the High Court Division allowed the appeal against the aforesaid judgment, the State file..Category: Criminal Law | Date: | Hits: 24
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
.... Contempt Petition No.2 of 2003 against the respondents before the Appellate Division of the Supreme Court. The Appellate Division thereafter by the impugned order dated 8.2.2007 rejected the said contempt petition. Being aggrieved the petitioners have filed, the instant review petition. ......nt named Flora Restaurant and Sweetmeat in the said land after her nickname "Flora". Monowara Islam could not run the said restaurant, as such, the same was rented to the respondent No. 4 for one year at a rent of Tk.350/-on daily basis and accordingly a written agreement was executed a......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......bsp; Lawyers Involved: Faruque Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1350 of 2005 (From the judgment and order dated 25.6.2005 passed by ......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ...... by order dated 8.5.2005 dismissed the revisional application affirming the aforesaid order passed by the trial court. The petitioner then moved the High Court Division in revision and the learned Judges of the High Court Division by the impugned judgment and order dated 25.6.2005 summarily reje..Category: Property Law | Date: | Hits: 31
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
....e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......nt February 12, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 144 of 2004. (From the judgment and order dated 7-1-2004 passed by ......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ......he view that ends of justice will be met if the sentence awarded to the condemned prisoner is reduced to imprisonment for life." 20. We are surprised to find the way the learned Judges have dealt with the matter in commuting the sentence without recording any finding as to any..Category: Criminal Law | Date: | Hits: 99
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......le. 2. Short facts are that respondent No.2, Agrani Bank Ltd., filed Money Suit No. 44 of 1990 impleading the appellant and 3 others as defendants, of them the appellant was defendant No.4, for realization of Tk. 51,93,553/- as outstanding loan. The suit was decreed ex-parte on August 16,......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......n civil prison if it (Artha Rin Adalat) considered fit and proper for the sake of realisation of money. 5. Leave was granted to consider the submission that the learned Judges of the High Court Division have committed error of law in construing sections 5(4) (5) and ..Category: Civil Law | Date: | Hits: 111
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks, 2008, 37 CLC (AD)
....High court Division committed no illegality in dismissing the appeal. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 202. ......ismissed. Lawyers Involved: Sayed Amirul Islam, Senior Advocate instructed by A.K.M. Shahidul Haq, Advocate on Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 341 of 2007. (From the judgment dated 15.02.2007 passed by the High Court......High court Division committed no illegality in dismissing the appeal. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 202. ......n and Cannon there has been difference phonetically and in pronunciation and the mark belonging to the opponent respondent No. 2 has been registered and renewed in Bangladesh. On appeal the learned Judges of the High Court Division on hearing the submission of the learned Advocates of both sides, ..Category: Intellectual Property Law | Date: | Hits: 196
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ......05 and another to the post of Assistant Professor of Radiology stating, inter alia, that Bangladesh Public Service Commission (PSC) invited applications from the candidates for appointment in various posts including Assistant Professor, Radiology by circular da......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ..Category: Employment/Service Law | Date: | Hits: 100
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......Md. Nurul Islam Chowdhury, Advocate-on-Record - For the Petitioner. A. J. Mohammad Ali, Attorney General, instructed by Zainal Abedin, Advocate-on-Record - For the Respondents. Civil Petition for Leave to Appeal No. 185 of 2006. (From the judgment and order dated 05-01- 2006 passed by the......h the findings and decisions arrived at by the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......reply to the application filed by the respondent for vacating the order of stay contended that because of political rivalry his licence has been cancelled. 7. Upon hearing the parties, the learned Judges of the High Court Division discharged the Rule. 8. Dr. Zahir, the learned Counsel appear..Category: Environmental Law | Date: | Hits: 517
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
....d Plot No. 5B was allotted to Mr. Shawkat Shamim by Rajuk and granted them 99 years lease and lease deeds were executed on different dates. Therefore, the Rajuk and others committed gross contempt of the Court for violation of the judgment and order of the Court and in not implement...... Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For Respondent No.2 (In both the cases). Not represented - Respondent No 1 (In both the cases). Civil Petition for Leave to Appeal Nos. 1077 & 1206 of 2006. (From the judgment and order dated 11.07.20...... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ...... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ...... while they were permanent residents and nationals of Bangladesh. The premises in dispute originally belonged to Shamsuddin Ahmed consisting of 144 sq. yds. of land which was given on lease to him for a period of 99 years and on which he built one room. In compliance with the registered standard......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......de the judgment and order of the Court of Settlement. Hence is this appeal. 5. In support of the appeal Mr. A. J. Mohammad Ali, learned Attorney General submits, inter alia, that the learned Judges of the High Court Division had no power to re-assess the evidence. But the High Court Divisi..Category: Property Law | Date: | Hits: 22
Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)
..... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ...... Lawyers Involved: Ajmalul Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record-For the Petitioner. Not Represented-For the Respondent. Civil Petition for Leave to Appeal No. 766 of 2005. (From the judgment and order dated 24th May, 2005 passe....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ...... above particulars of the candidates. 4. No affidavit-in-opposition was filed on behalf of the respondents. However, the writ petition was heard and upon hearing the parties the learned Judges of the High Court Division made the Rule absolute by the impugned judgment as aforesaid. Bei..Category: Election Law | Date: | Hits: 124
Nantu Vs. State, 2007, 36 CLC (AD)
....the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ...... Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 338 of 2006. (From the judgment and order dated 21st August, 2005 pa......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......hy;rently. 9. Being aggrieved and dissatisfied by the judgment and order of the trial Court, the petitioner preferred aforesaid Criminal Appeal before the High Court Division and the learned Judges of the High Court Division upheld the conviction and sentence of the convict-petitione..Category: Criminal Law | Date: | Hits: 37
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ...... March 19, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 110 of 2004. (From the judgment and order dated 28.3.2004 passed by ......d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ......Record, submits that the prosecution has failed to prove the case beyond reasonable doubt as such the impugned order is liable to be set aside. The learned Advocate further submits that the learned Judges of the High Court Division erred in law in failing to apply their independent judicial mind ..Category: Criminal Law | Date: | Hits: 41
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ...... Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 181 of 2004. (From the judgment and order dated 11-04-2004 passed by...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......l in no way dared to state about the alleged dying declaration so said to have been made by the deceased. In view of such facts and circumstances of the case, we are of the opinion that the learned Judges of the Division Bench of the High Court Division correctly arrived at a decision that ..Category: Criminal Law | Date: | Hits: 44
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......rd-For the Petitioner. Khan Saifur Rahman, Senior Advocate, instructed by Abu Siddique, Advoate on-Record-For Respondent No.1. Not represented-Respondent No.2. Criminal Petition for Leave to Appeal No. 192 of 2006. (From the judgment and order dated 30.03.2006 passed by th......nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......order the informant preferred this petition. 6. In support of the petition Mr. Abdul Baset Majumder, learned Counsel submits, inter alia, that in view of the fact that the learned Judges of the High Court Division i.e. Mr. Justice A.K. Badrul Huq and Mr. Justice Shahidul I..Category: Criminal Law | Date: | Hits: 36
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ...... of 1967). Judgment Ruhul Islam J. - This appeal by special leave is directed against the judgment of the High Court Division dismissing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......ussalman law as a religious, pious or charitable purpose, the waqf was not valid, and as such the plaintiff was not entitled to get declaration as prayed for. According to the learned Judges waqfnama not being in accordance with the provisions of the Mussalman Wakf Validating Act 19..Category: Trust/Waqf Law | Date: | Hits: 171
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ...... Lawyers Involved: Saidur Rahman, Advocate, instructed by Md. Ahsanullah Patwary, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 230 of 2006 (From the judgment and order dated 16.11.2005 passed by......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ......cted. This act was fundamentally supplemental to the Prevention of Corruption Act, 1947 for accomplishment of its object. Section 2 of this Act provides for appointment of Special Judges (and not Special Tribunal Judges) to try and punish offences specified in the schedule of th..Category: Criminal Law | Date: | Hits: 96
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......tun, Advocate-on-Record-For the Petitioners. Helal Uddin Mollah, Deputy Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No.128 of 2006. (From the judgment and order dated 02.02.2006 passed by......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ...... Criminal Miscellaneous Case No. 8450 of 2005 rule was issued. The rule was fixed for hearing on 2nd February 2006 while none was present on behalf of the petitioners to press the rule. The learned Judges of the High Court Division heard the learned Deputy Attorney General representing the State ..Category: Criminal Law | Date: | Hits: 47
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