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Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)

....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135.......epresented-For the Respondents. Criminal Petition for Leave to Appeal No.205 of 2007. Judgment Mohammad Fazlul Karim. - This petition for leave to appeal is directed against the judgment and order dated 04.03.2007 passed by the High Court Division in Criminal Revision No.1283 of 2003 discha......sions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135.......nt: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Taffazul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Arshed……………………………………………………..Petitioner Vs. Akbar Hossain Pathan and others…………………Respondents Judgment August..

Category: Criminal Law | Date: | Hits: 75

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

....ormalities for registration of the deed of sale within 20-12-2003. It has been mentioned in the plaint that on 9-12-2003 plaintiff was shocked and surprised to learned from a 'biggopty (notification) published in the Daily Janakantha on 18-11-2003 which runs as follows:— “বিজ্ঞপ......o.1. f) Direction upon the plaintiff to deposit the balance amount of consi­deration in Court excluding the costs awarded and also to deposit the transfer fee to RAJUK. g) Any other or further order or orders, relief or reliefs the plaintiff may be entitled to get in law, equity and justice. ......esult, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......hortly DIT, now Rajdhani Unnayan Kartripakkha, shortly RAJUK, allotted plot No.CWN(B)34, New plot No.113 of the lay out plan of Gulshan Residen­tial Model Town, the quantum of land is more or less 1(one) bigha, 1 (one) katha, 14(fourteen) chattaks, on 21-3-1962 to Shamsul Kabir Humayun Reza. To gra..

Category: Property Law | Date: | Hits: 100

State Vs. Shahin and others, 2010, 39 CLC (HCD)

....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......orks and their neighbors Al-Amin, Shahin and others were his friends. At about 2(two) months back from the date of occurrence condemned-prisoner Shahin took Taka 2,00,000 from the father of Biplob in order to send him abroad. After receiving the said money condemned-prisoner Shahin became reluctant ...... section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......ction) Present: Md. Abu Tariq J M Enayetur Rahim J State.............................................Appellant Vs. Shahin and others..…………………………….Condemned-Prisoners Judgment November 2, 2010. Cases Referred to- Sk Shamsur Rahman alias Shamsu Vs. S..

Category: Criminal Law | Date: | Hits: 76

Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)

....ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ...... Advocate-on-Record-For Respondent No. 1. Asaduzzaman, Advocate, instructed by ASMK halequzzaman, Advocate-on-Record-For Respondent No.2. Civil Appeal No. 207 of 2004. (From the judgment and order dated 13th May, 2003 of the High Court Division in Civil Revision No. 6768 of 2001). Judgme......sts. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......urt from the judgment and order dated 13th May, 2003 of a Single Bench of the High Court Division in Civil Revision No.6768 of 2001. 2. Short facts relevant for the disposal of the appeal are that one Ghana Mia, predecessor-in-interest of the appellants, instituted Title Suit No.53 of 1990 in the..

Category: Property Law | Date: | Hits: 49

Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)

....on that if any valid compromise is effected between the parties that can be accepted on being satisfied as per provisions of law, and that if no valid compromise is effected, the executing Court will publish fresh notice for sale of the mortgaged property in accordance with law. 5. The High Court......the balance consideration amount within 10 days. On the same day the decree holder prayed for not accepting in the tender submitted by the appellant M. A. Mannan. The executing Court did not pass any order on the reasoning that the tender of Abdul Mannan had already been accepted. 3. The decree h...... to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......ppeal No.48 of 2006). Not Represented-For Respondent Nos. 1-4. (In Civil Appeal No.49 of 2006). Civil Appeal Nos. 48-49 of 2006. Judgment Surendra Kumar Sinha J.- These appeals, by leave, one at the instance of auction purchaser Lt. Col. M.A. Mannan (Retd) and other at the instance of th..

Category: Civil Law | Date: | Hits: 90

Shahin Alam Vs. The State, 2010, 39 CLC (HCD)

....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115.  ......For the Appellant. Farhad Ahmed, Deputy Attorney General- For the State. Criminal Appeal No. 1078 of 1997 (An appeal under Section 30 of the Special Powers Act, 1974 against the judgment and order of conviction and sentence dated 01.06.1997 passed by the Special Judge, Court No. 3, Jhenidah......to the appellant and send down the LCR. Ed.  This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115.  ......appellant. Vs. The State.....................Respondent Judgment October 11, 2010. Cases Referred to- Gaziour Rahman Vs. The state, 10 B.C.R at page 236. Lawyers Involved: No one appears - For the Appellant. Farhad Ahmed, Deputy Attorney General- For the State. Crimina..

Category: Criminal Law | Date: | Hits: 56

Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)

....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......9 dated 30.09.2007 corresponding to A.C.C. G.R. No. 10 of 2007, now pending in the Court of Special Judge, Court No. 7, Shere-E-Bangla Nagore, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issu......the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......16 MLR (HCD) (2011) 264...

Category: Criminal Law | Date: | Hits: 111

Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)

.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... October 13, 2009. Lawyers Involved: Sarder Abul Hossain, Advocate - For the Petitioner. No one - For the Opposite parties. Civil Revision No. 4135 of 2006. (Against the judgment and order dated 6.8.2006 passed the Joint District Judge, third Court, Comilla in Miscellaneous Appeal ......wer Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248.......lso Reported in: 16 MLR (HCD) (2011) 248...

Category: Property Law | Date: | Hits: 91

Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)

....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......on finding of facts as such no interference is called for in Revision under section 115(1) of the Code of Civil Procedure. In the result, the Rule of C.R. No. 633 of 2005 is discharged without any order as to the cost. The order of stay granted earlier by this Court at the time of issuance of ...... Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......(HCD) (2011) 242...

Category: Property Law | Date: | Hits: 72

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......Rahman Khan J.- This application under section 439 read with section 435 Cr.P.C. filed at the instance of the accused petitioner HM Ershad, the former president of Bangladesh, is directed against the order dated 4.5.92 passed by the Special Judge Dhaka in Special Case No.11 of 1992 under section 242......s of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......here. Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J HM Ershad ................................Petitioner Vs. The State .............................Opposite Party Judgment September 23, 19..

Category: Criminal Law | Date: | Hits: 286

Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......ent No.9. Writ Petition No. 1087 of 1992. Judgment KM Hasan J.- The Rule obtained under Article 102(2)(a)(i) of the Constitution of the People's Republic of Bangladesh is directed against an order dated 15.3.92 issued by the Election Commission directing a fresh election of Ward No.3, Musap......Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......d in: 45 DLR (HCD) (1993) 530. ..

Category: Election Law | Date: | Hits: 122

Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)

.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......K Sinha, Advocate ‑ For the Opposite Party. Civil Revision No. 952 of 1992. Judgment KM Hasan J.- This Rule obtained under section 115 of the Code of Civil Procedure is directed against an order dated 23.3.92 passed by Mr. Md. Aminul Islam, First Additional Assistant Judge, Sadar, Chittag......hanara Begum Vs. AL Md. Shamsul Haque, 27 DLR (AD) 129; 1977 AIR, Orissa 184; 1925 AIR Calcutta 26; AIR 1960 Bombay 238; 1978 AIR Jammu and Kashmir 85; AIR, Nagpur 234; 42 DLR page 72; 1983 BLD 274; Hingu Lal Vs. Baga Ram, 1902, 24 All ER 53; Mst. Jahanara Begum Vs. ML Md. Shamsul Hoque, 27 DLR (AD)......se is also Reported in: 45 DLR (HCD) (1993) 527...

Category: Property Law | Date: | Hits: 50

Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)

.... tried in absentia without complying with the mandatory provision of law as required under section 27(6) of the Special Powers Act. He empathically submits that the notification appeared to have been published by the Upazilla Magistrate, Balagaj, Sylhet under section 339B of the Code of Criminal Pro...... Judgment Md. Nazrul Islam Talukder J.- These two Rules, at the instance of the convict petitioners, were issued calling upon the opposite parties lo show cause as to why the impugned judgment and order of conviction and sentence dated 11.11.1991 passed by the learned Judge of Special Tribunal No......ord along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......vision (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Rajab alias Rajab Ali…………………………………………Petitioner (In Criminal Miscellaneous Case No.10991 of 2010) Sajal alias Md. Sujan Miah and another…..

Category: Criminal Law | Date: | Hits: 86

Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)

....on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......r Leave to Appeal No.1623 of 2008. Order Shah Abu Nayeem Mominur Rahman J.- Instant leave petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order passed by the High Court Division in Civil Revision No. 1490 of 2006 making the Rule absolute.......s Case is also Reported in: 19 BLT (AD) (2011) 180. ......ate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Kulsum Banu Bibi and another…………………………………..Petitioners Vs. Abdul Jobbar Bhuiyan and others………………………….....Respondents Or..

Category: Property Law | Date: | Hits: 94

Managing Director, Dhaka Power Distribution Company Limited and another Vs. Borhanuddin Bhuiyan and others, 2009, 38 CLC (AD)

....of the representation made by the petitioners. We do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 178.......ion for Leave to Appeal Nos. 2033 of 2009. Judgment Shah Abu Nayeem Mominur Rahman J. - Instant application under Article 103 of the Constitution is for leave to appeal against the judgment and order dated 27.08.2009 passed in Writ Petition No.6662 of 2008 by the High Court Division making the...... the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 178....... Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J The Managing Director, Dhaka Power Distribution Company Limited and another……………………...................Petitioners Vs. Borhanuddin Bhuiyan and others…........Respondents Judgment December 10, 20..

Category: Employment/Service Law | Date: | Hits: 62

Nurun Nahar Khan Vs. Monsur Rahman being dead his heirs: 1(a) Md. Mahbub Rahman (Mohon) and others, 2009, 38 CLC (AD)

.... the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 176....... Not represented- Respondent No.2-3. Civil Petition for Leave to Appeal No.1055 of 2008. Judgment MM Ruhul Amin CJ. - This petition for leave to appeal is directed against the judgment and order dated 11th March, 2008 passed by the High Court Division in Civil Revision No.3634 of 2000 dis......d arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 176.......D) (2011) 176...

Category: Property Law | Date: | Hits: 70

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

....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. ......man, Advocate-on-Record-For the Respondent. 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 Miscellaneo......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. ...... Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J The State………………………………………………….Petitioner VS. Md. Monwar Hossain Dipzol………………………Respondent Judgment Decembe..

Category: Criminal Law | Date: | Hits: 67

Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)

....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......-83 of 2009. Judgment Shah Abu Nayeem Mominur Rahman J. - These two leave petitions under Article 103 of the Constitution are for granting leave to prefer appeal against the common judgment and order dated 26.08.2009 passed in disposing of the Writ Petition Nos.7705 and 7706 of 2006 making the......oth the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169....... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Bangladesh……………………………………Petitioner (In both the cases) Vs. Goutam Kumar Saha and others……………...Respondents (In Civ..

Category: Employment/Service Law | Date: | Hits: 47

Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ...... defendant-petitioner guilty of misconduct and for causing loss to the plaintiff amounting to Tk. 1,56,569.38; that the defendant-petitioner filed Title Suit No. 147 of 1983 challenging the dismissal order dated 19.7.83 before the Court of Subordinate Judge, Narayangonj and the said suit was dismiss...... once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......36. ..

Category: Civil Law | Date: | Hits: 97

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

....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....... Ismail, Advocates‑For the Petitioners. No one‑For the Opposite Party. Civil Order No. 2565 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.-This application is directed against an order passed by the Subordinate. Judge, Noakhali allowing an application for addition of the heirs o......ment December 18, 1990. Cases Referred to- Bhupati Biswas & Ors. Vs. Narayan Biswas & Ors., 40 DLR 517; Rahim Baksha Gazi & Ors. Vs. Enbar Gazi & ors., 22 DLR 500; Ujjal Hossain & ors. Vs. Firoja Khatun & ors., 41 DLR 481; Mohomedally Tyebally and others Vs. Safiabai...... 44 DLR (HCD) (1992) 156...

Category: Civil Law | Date: | Hits: 93