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Md. Rayhan Khokon Vs. State, 2011, 40 CLC (AD)
....e Petitioner. Mahbubey Alam, Attorney General, Instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 387 of 2011. (From the order dated 31.07.2011 passed by the High Court Division in Criminal Revision No.953 of 2011) Judgment ......be proved by independent witnesses and in spite of such materials, the learned Metropolitan Sessions Judge most illegally cancelled the bail of the petitioner without having regard to the law and the decision of the apex Court. 14. He next submitted that the High Court Division also committed fun..Category: Criminal Law | Date: | Hits: 68
Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....Hossain, Advocate-on-Record—For the Petitioner. Ferozur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.1182 of 2004. (From the judgment and order dated 02.05.2004 passed by the High Court Division in Writ Petition No.1591 of 2001.) Judgment ...... before cancellation of his license. 5. In view of the discussions made above, we are of view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in..Category: Civil Law | Date: | Hits: 87
Mohamaya Rani Saha Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)
....l Petition for Leave to Appeal Nos.1333, 1498-99 of 2007. Judgment Md. Tafazzul Islam J. - The above Civil Petition Nos.1498 of 2007 and 1333 of 2007 are directed against the Judgment and Order dated 9-11-2006 of the High Court Division passed in Civil Revision No.3257 of 2003 making the Rules...... Defense of Pakistan Rule published by the Dhaka Gazette dated 4-12-1965. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision in both the Rules and there is no illegality or infirmity in the above decision so as to ca..Category: Property Law | Date: | Hits: 76
New Dacca Industries Ltd. Vs. Quamrul Huda & others, 1979, 8 CLC (AD)
....ocate, (absent) - For the Respondent No.1. K.A. Bakr, Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - Amicus Curiae. Civil Appeal No.44 of 1978. (From the Judgment and Order dated 25.3.77 passed by the High Court in Writ petition No.205 of 1974). Judgment Kemaluddin H......rt held that the Appellant after nationalization was no longer a private limited company and so Respondent No.1 could not be treated as an employee of a private employee. The High Court following the decision of (Civil Appeal No.9 of 1975) Bangladesh Small Industries Corporation Vs. Mahbub Hossain (..Category: Employment/Service Law | Date: | Hits: 104
Atahar Ali Sarder & others Vs. State, 1978, 7 CLC (AD)
....r the Appellants. B. B. Roy Chowdhury, Asstt. Attorney-General, instructed by B.C. Panday, Advocate-on-Record - For the Respondent. Criminal Appeal No.3 of 1978. (From the judgment and order dated 18.4.77 passed by the High Court in Criminal Appeal No.107 of 1976). Judgment Badrul Hai......to the provisions of section 145 of the Evidence Act. It is contended that the provision of section 145 of the Evidence Act cannot be excluded in the facts of the case. Reliance was placed on the decision in the case of Alim Vs. State (1977) 29 DLR (SC), 268, Md Ahmed Vs. State (1970) 22 DLR (SC..Category: Criminal Law | Date: | Hits: 107
Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)
....structed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1. Ex parte - For Respondent Nos. 2-5 & 6(1) to 6(A). Civil Appeal No. 20 of 1982. From the judgment and decree dated July 23, 1980 passed by the High Court Division in Second Appeal No. 220 of 1966. Judgment ...... Judgment Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the High Court Division is well founded in law in reversing, in a second appeal, the concurrent decision of lower Appellate Court and the Trial Court and ordering remand of the plaintiffs-appellan..Category: Property Law | Date: | Hits: 58
Tahera Begum Vs. Farukh Meah, 1982, 11 CLC (AD)
....structed by Md. Aftab Hossain, Advocate-on-Record - For the appellant. Md. Wahidullah, Advocate-on-Record - For the respondent. Criminal Appeal No. 1 of 1982. From the judgment and order dated 10.3.81 passed by the High Court Division in Criminal Revision Case No. 369 of 1979. Judgme......risdiction. The learned Single Judge of the High Court Division after hearing the parties made the rule absolute and set aside the order of conviction. The learned Single Judge following an earlier decision of that Court took the view of the changed circumstances when there was no Chairman of the ..Category: Family Law | Date: | Hits: 166
Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)
...., Advocate-on-Record - For the Respondent (In Civil Appeal No. 114 of 1981) and Appellant (In Civil Appeal No.115 of 1981). Civil Appeal Nos. 114 & 115 of 1981. From the Judgment and Order dated 22.7.80 passed by the High Court Division in Application No. 6 of 1976. Judgment Chow......ous interpretation of sub-section (2A). As observed earlier the sub- section has clearly provided for issuing such notice and reopening assessment, even after the period of 8 years had expired. The decisions cited by Mr. Hussain from Indian Courts are not of any assistance in this case, since some..Category: Fiscal/Taxation Law | Date: | Hits: 104
Abdur Rashid and another Vs. Abdul Barik and another, 1983, 12 CLC (AD)
....(absent) - For the Appellant. Rafiqur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record - For the Respondents. Civil Appeal No. 59 of 1982. (From the Judgment and Order dated 6.11.80 passed by the High Court Division in Civil Revision No. 1131 of 1974.) Judgment ......decree. 9. The learned Judge of the High Court Division did not reverse the finding of the trial Court that summons upon the defendants had not been served properly. However, while reversing the decision of trial Court he observed: "I find from the cross-examination of opposite party No. 2 wh..Category: Property Law | Date: | Hits: 67
Shafiqur Rahman and others Vs. Nurul Islam Chowdhury and others, 1982, 11 CLC (AD)
....General. A.W. Bhuiyan, Additional Attorney General & B. Hossain, Assistant Attorney General: Under Order XLV, rule I.S.C. Rules. Criminal Appeal No. 9 of 1981. (From the Judgment and Order dated April 2, 1981 passed by the High Court Division in Criminal Revision No. 402 of 1980.) Judg......any of the powers which may be exercised by the High Court Division under section 439. (2) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final. (3) An Addition..Category: Others | Date: | Hits: 135
Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)
....tructed by S. S. Hoda, Advocate-on-Record - For the Respondent No.1. Respondent No.2 - Dead. Respondents No.3 and 4 - Ex-parte. Civil Appeal No.24 of 1976. (From the Judgment and Decree dated 28-6-74 passed by the High Court Division in F A. No.28 of 1964) Judgment Debesh Chandra......ndlord, but expressed a doubt, whether in the facts of the case, the settlement granted in respect of Schedule A lands by the Khas Mahal Office was duly approved by the Board of Revenue. 10. The decision of the learned Judges, however, was based on the finding that the Government having not had..Category: Property Law | Date: | Hits: 75
Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)
...., Attorney-General, with Sultan Hossain Khan, Deputy Attorney-General, instructed by M. R. Khan, Advocate-on-Record - Amicus Curiae. Civil Appeal No. 33 of 1976. (From the Judgment and Order dated 17-1-1974 passed by the High Court Division in Civil Revision Case No.582 of 1973). Judgmen......tion 115 of the Code of Civil Procedure on behalf of the plaintiffs against the order of abatement made by the learned Subordinate Judge but the learned Judges of the High Court Division affirmed the decision of the Subordinate Judge on holding that the suit had been rightly held to have abated in v..Category: Property Law | Date: | Hits: 133
Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)
.... Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the respondent No.2. Not represented - Respondent No.1. Civil Appeal No.156 of 1978. (From the judgment and order dated 11.7.78 passed by the High Court Division in Writ Petition No.806 of 1977.) Judgment Bad......er of votes were cast doubly. The Tribunal directed re-election on the ground that the result of the election had been materially affected due to double casting of 10 votes in Ward Nos. 1 and 3. This decision was challenged before the High Court Division in writ petition. The High Court Division n..Category: Election Law | Date: | Hits: 163
Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)
....by Nurul Islam Chowdhury, Advocate-on-Record-For Respondent Nos.1-13. Not represented- Respondent Nos.14-113. Civil Petition for Leave to Appeal No.681 of 2009. (From the judgment and order dated 15.01.2009 passed by the High Court Division in Civil Revision No.1396 of 2007.) Judgment ......r, could not by itself be a valid ground for interference by the High Court Division unless it could be shown that the Subordinate Court has committed any error of law ‘resulting in an error in the decision occasioning failure of justice’. The order of the learned Senior Assistant Judge may have..Category: Procedural Law | Date: | Hits: 100
M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....s Rule was issued upon an application under section 561A of the Code of Criminal Procedure calling upon the opposite party to show cause as to why the proceedings of Tejgaon Police Station Case No.48 dated 21-7-2007 corresponding to GR No.573 of 2007 arising out of CR (Petition Case) No.1080 of 2007......nal breach of trust of entrustment of the property. While the accused persons were discharging their functions as office bearers of the managing committee of the said Society from 2003 to 2006 took a decision on 17-9-2006 to sell the property to out side in contravention of the constitution of the S..Category: Criminal Law | Date: | Hits: 86
Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)
.... 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party to show cause as to why the proceedings of ACC GR Case No.51 of 2008 arising out of Shyampur PS Case No.1 dated 1-2-2008 under sections 420/409 of the Penal Code, now pending in the 4th Court of Additional ......d. According to his submissions, there is no material in the record to show that the accused-petitioner was given authority for distribution of such relief materials. 6. With reference to the case decisions reported in 50 DLR 551 and 52 DLR 105, the learned Advocate submits that when the allegati..Category: Criminal Law | Date: | Hits: 61
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
..... Judgment SAK Md. Dabirus Shan J.- These two Rules in Civil Revision Nos. 661 of 2006 and 662 of 2006 were issued calling upon the opposite party Nos.1 and 2 to show cause as to why and decree dated 25-1-2006 and 31-1-2006 respectively passed by the learned Joint District judge, 1st Court, Fe......luding the plaintiff and the defendant. Thereafter the Salishnama or Raida was authenticated by a Notary Public and it was settled up in the Salish that both plaintiff and defendant will abide by the decision of the Salish. Thereafter Dr. Md. Jahangir Alam on the same date withdrew his divorce notic..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....se of business they got acquainted with each other. Taking advantage of this acquaintance, the accused had been able to earn trust of the complainant. In this way the accused petitioner, on different dates, took on credit rod and cement from the complainant worth Taka 13,74,429 and to discharge the ...... said proceedings under section 138 of the Negotiable instruments Act is a sheer abuse of the process of the Court. In support of his contention, the learned Counsel has cited before us an unreported decision given by another bench of the High Court Division in Criminal Miscellaneous Case No.15742 o..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....n and Criminal Appeal No.3604 of 2001 at the instance of accused Nurul Islam under section 408 of the Code of Criminal Procedure are directed against the Judgment and order of conviction and sentence dated 31-7-2001 passed by the learned Assistant Sessions Judge, First Court, Naogaon in Sessions Cas......n and sentence is bad in law as well as on fact and, as such, the impugned Judgment and order is liable to be set aside. 12. Mr. Aminul Huq Helal, the learned Advocate for the appellant, cited the decision in the case of Ustar Ali Vs. State reported in 3 BLC (AD) 53 in support of his contention, ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....No.770 of 1997. Judgment Siddiqur Rahman Mith J.- This appeal at the instance of Atahar and others under section 410 of the Code of Criminal Procedure is directed against the Judgment and order dated 30-3-1997 passed by the learned Additional Sessions Judge, Pabna in Sessions Case No.87 of 199...... that a different case would have come out; that the learned Additional Sessions Judge on surmise and conjecture and without appreciating the evidence on record in their true perspective arrived at a decision occasioning failure of justice. 14. The learned Advocate for the appellant cited the dec..Category: Criminal Law | Date: | Hits: 66
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