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State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)

.... Criminal Petition for Leave to Appeal No. 226 of 2009. Judgment BK Das J. - This petition for leave to appeal is directed against the judgment and order dated 26.04.2009 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 422 of 2009 quashing the convict......ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ..

Category: Criminal Law | Date: | Hits: 67

Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)

....ch is distinguishable on facts from the present case. 6. The law on the point is fairly settled. In the case of Rahim Baksha Gazi & others Vs. Enbar Gazi & others 22 DLR (Dhaka) a Division Bench of the Dhaka High Court pointed out the legal position in & following words:‑ ‘‘I......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...

Category: Civil Law | Date: | Hits: 93

National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

.... the claimant took no steps to obtain independent medical opinion or to secure possession of X‑ray plates relating to his accident. In the case thc question fell for consideration before the King's Bench Division as to whether the Crown was bound by the letter of the War Office, an agent. of the C......ondents in issuing notices? Our answer is in the negative. For the above discussion, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ..

Category: Property Law | Date: | Hits: 92

A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)

....as in our Code of Civil Procedure, having found that the admission has been made "otherwise" 15. In the case of Shikharchand Vs. Mst. Bari Bai, reported in AIR 1974 (Madhya Pradesh), 75 a Division Bench of the said Court quoting with approval the decision in Ellis Vs. Allen (1914) (Chancery Divis......cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131...

Category: Civil Law | Date: | Hits: 104

Nasir Uddin Vs. State, represented by the Deputy Commis­sioner, Narayanganj, 2011, 40 CLC (AD)

....satisfied with the judgment and order of the Special Tribunal No.7 the petitioner preferred Criminal Appeal No. 4850 of 2005 before the High Court Division and the said appeal was heard by a Division Bench of the High Court Division. By the impugned judgment and order dated 12-8-2009 the High Court ......e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ..

Category: Criminal Law | Date: | Hits: 64

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....nd therefore such a decree may be challenged in Writ Jurisdiction of this court. 15. In support of his submission Mr. Khan referred to the unreported judgment dated 23.03.2010 passed by a Division Bench of this Court and thereby disposing of Writ Petition Nos.6501 of 2009, 6502 of 2009, 6503 of 2......ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ..

Category: Civil Law | Date: | Hits: 147

Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)

.... of Civil Procedure cannot be maintained and the trial Court has rightly rejected the application. 13. In the case of Md. Shamsul Huda Vs. Mozammel Hoque, reported in 26 DLR 319 wherein a Division Bench of this Court has held: "Order 11, rule 21 empowers a Court to strike out the written stat......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...

Category: Procedural Law | Date: | Hits: 68

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

....e High Court Division in Writ Petition No.2146 of 2003.) Judgment Muhammad Imman Ali J. - This appeal, by leave, is directed against the judgment and order dated 24.06.2003 passed by a Division Bench of the High Court Division in Writ Petition No.2146 of 2003 making the Rule absolute. 2. Mr...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 58

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....that the Rule was made absolute and obtained a certified copy of the judgment and order dated 7.5.91 in Writ Petition No.2551 of 1990 and being aggrieved by the said judgment and order passed by this Bench, the petitioner Co‑operative Society has filed this review petition. 7. An affidavit‑in......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502...

Category: Civil Law | Date: | Hits: 87

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

....stant Commissioner of Taxes. The appeals before the Appellate Joint Commissioner of Taxes failed. The assessee preferred second appeal before the Taxes Appellate Tribunal, Bangladesh, Dhaka Division (Bench). The assessee took the ground before the Tribunal that he had no opportunity to appear before...... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500...

Category: Fiscal/Taxation Law | Date: | Hits: 98

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

..... Civil Appeal No.45 of 2002. Judgment Syed Mahmud Hossain J. - This appeal by leave by defendant-appellant arises out of the judgment and decree dated 24th March, 1998 passed by a Division Bench of the High Court Division in First Appeal No.55 of 1980 affirming the judgment and decree dat......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

....t one point of time, the appellant alleged that she was illegally removed from the office of Managing Director of the Company. She filed an application under section 233 of the Act before the Company Bench of the High Court Division which was registered as Company Matter No.150 of 2005. The company ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..

Category: Company Law | Date: | Hits: 235

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

....te has referred to five cases of the Indian jurisdiction. The first of which is the case of Modi Food Products Ltd. Vs. The Commissioner of Sales Tax reported in AIR 1956 (All.) 35 wherein a Division Bench of the Allahabad High Court held that a legislature can certainly give retrospective effect to....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....rs. Farid Ahmed with Emdadul Hoque Azad, Advocate ‑ For Opposite Party No.1. Civil Revision No. 606 of 1985. Judgment Mohammad Ismailuddin Sarker J.- This revision case has come to this Bench upon a reference by a learned Single Judge to decide whether, in the event of violation, a dec......ned is directed to proceed with the execution case. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 483. ..

Category: Civil Law | Date: | Hits: 100

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

.... not amenable to the Jurisdiction of the High Court Division, the instant petition under section 561A of the Code of Criminal Procedure is misconceived. 16. Mr. MK Rahman next submits that another Bench of the High Court Division allowed the swearing of the affidavit in this matter ignoring the p......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..

Category: Criminal Law | Date: | Hits: 103

Md. Mujibul Huq and others Vs. Md. Tasar Ali being dead his heirs: 1(a) Md. Jabbar Mia and others, 2010, 39 CLC (AD)

....urt Division in Civil Revision No.1412 of 1997.) Judgment Surendra Kumar Sinha J. - This petition for leave to appeal is directed from the judgment and order dated 5th January, 2009 of a Single Bench of the High Court Division in Civil Revision No. 1412 of 1997 affirming those dated 15th Septe......h the concurrent find­ings of fact arrived at by the Courts below. This petition is, therefore, dismissed with a cost of Tk. 5,000/- Ed. This Case is also Reported in: VIII ADC (2011) 449. ..

Category: Property Law | Date: | Hits: 68

State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)

....Criminal Miscellaneous Case No.18532 of 2010.) Judgment Surendra Kumar Sinha J. - This petition for leave to appeal is directed from the judgment and order dated 12th August, 2010 of a Division Bench of the High Court Division in Criminal Miscellaneous Case No.18532 of 2010. 2. One Major (R......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...

Category: Criminal Law | Date: | Hits: 98

State Vs. Jabbar, 2010, 39 CLC (AD)

....prisonment for three months more. The accused respondent took an appeal being Criminal Appeal No. 6459 of 2007 in the High Court Division against the said judgment and order of conviction. A Division Bench of the High Court Division by its judgment and order dated 2nd December, 2008 allowed the appe......htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ..

Category: Criminal Law | Date: | Hits: 53

Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)

....urt Division in Civil Revision No.352 of 2008). Judgment Syed Mahmud Hossain J.- This petition for leave to appeal is directed against the judgment and order dated 27.10.2009 passed by a Single Bench of the High Court in Civil Revision No. 352 of 2008 discharging the Rule and thereby affirm­i...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ..

Category: Property Law | Date: | Hits: 79

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....ed for the purpose of grabbing the suit lands. 4. The trial Court on assessment of the evidence on record decreed the suit. On appeal by the defendant from the said judgment and decree, a Division Bench of the High Court Division affirmed the judgment and decree passed by the trial Court. 5. T......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ..

Category: Procedural Law | Date: | Hits: 76