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Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)

....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......d 187 of 1976. (From Civil Revision Nos. 1552 and 1553 of 1975) Judgment Debesh Chandra Bhattacharya J.—These two petitions for special leave to appeal are against a judg­ment of a single Judge of the High Court Division discharging two rules issued on two applications of the petitioner ..

Category: Tenancy Law | Date: | Hits: 163

Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)

....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222.   ...... 2. The respondent Abani Mohan Mukherjee obtained a decree on contest again the defendant appellant Master Abdul Aziz a suit being Title Suit No. 69 of 1956 of the First Court of the Subordinate Judge, Dacca appellant filed an appeal being first appeal no. 136 of 1961 in the High Court against..

Category: Civil Law | Date: | Hits: 116

Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)

....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207.  ......y per­son as president of Bangladesh and hand over the office of President to him who shall enter upon that office after making the required oath before the Chief Justice of Bangladesh or any Judge of the Sup­reme Court designated by me". (b) I may make, from time to tim..

Category: Constitutional Law | Date: | Hits: 307

Taher and others Vs. Md. Abdul Kuddus and others, 2008, 37 CLC (AD)

.... finding of the High Court Division and the Court of Session. With this observation the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 277.  ......l report. Against which a naraji petition was submitted. The learned Magistrate rejected the naraji petition and accepted the final report. Against which, the informant went to the learned Sessions Judge in Criminal Revision No. 7 of 1993. The learned Sessions Judge by the impugned order set asi..

Category: Criminal Law | Date: | Hits: 50

Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)

....ned Counsel could not point at any illega­lity or infirmity in the decision of the High Court Division so as to call for any inter­ference. The petition is dismissed. Ed. ......judgment and order dated 23-2-2005 passed by the High Court Division in Criminal Revision No. 549 of 2003 reversing the judgment and order dated 31-7-2002 passed by the learned Additional Sessions Judge, Perojpur in Criminal Revision No. 130 of 1999 affirming the order dated 4-11-1999 passed by ..

Category: Criminal Law | Date: | Hits: 39

Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)

....ich the question is raised can be pro­perly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......76 of 2007 making the Rule absolute and quashing the proceeding of Metropolitan Sessions Case No. 2576 of 2007 under sections 385/109 of the Penal Code pending in the Court of Metropo­litan Sessions Judge Dhaka (arising out of General Register Case No. 489 of 2007, corresponding to Gulshan Police S..

Category: Civil Law | Date: | Hits: 254

Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)

....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ary, Ministry of Law, Justice and Parliamentary Affairs to produce the rele­vant papers containing the opinion of the learned Chief Justice of Bangladesh about the appointment of concerned six Judges through the Attorney-General at the time of hearing and further directing that all other Rul..

Category: Constitutional Law | Date: | Hits: 124

A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)

....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed.   ......A. B. M. Shamsuddin................................. Petitioner. Vs. Anowara Begum being dead her heirs 1. (a) Mahmuda Selina and others. ........................ Respondents. Judgement: November 16, 2006. Lawyers Involved: Fariduddin Md. Reza, Advocate..

Category: Property Law | Date: | Hits: 41

Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)

.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......udgment and order dated 21-4-1999 of the High Court Division passed in Civil Revision No. 562 of 1997 discharging the Rule obtained against the order dated 19-11-96 of the learned Sub­ordinate Judge (now Joint District Judge), Second Court, Dhaka, passed in Money Suit No. 21 of 1993 refusing..

Category: Civil Law | Date: | Hits: 111

Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)

....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......on Commission Act, 2004 and section 109 of the Penal Code. Accordingly, charge was framed against the accused persons including the accused-respondent.  After conclusion of trial the learned Special Judge, Special Judge Court No. 2, Dhaka by the impugned judgment and order dated 4-7-2007 convicted ..

Category: Anti-Corruption Laws | Date: | Hits: 219

Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)

....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......and decree of the courts below dismissing the suit. Hence the plaintiffs filed the aforesaid civil petition for leave to appeal. 6. Leave was granted to consider whether the learned Single Judge of the High Court Division acted illegally in exercise of its jurisdiction in coming to the ..

Category: Civil Law | Date: | Hits: 110

State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)

....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed with­out any order as to costs. Ed. ......s in power and as such there was no reason for refusal of the police to reg­ister the case. 5. He then submits with the reference to order dated 04.07.2004 passed by the learned Sessions Judge and Special Tribunal No.1. Comilla in Special Tribunal Case No. 188 of 2003 that the accused..

Category: Criminal Law | Date: | Hits: 71

Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)

....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......d June 24, 1995 of the 1st Commercial Court, Chittagong in other appeal No. 318 of 1991 allowing the same upon setting aside the judgment and decree dated January 29, 1991 of the Court of Assistant Judge, Raozan, Chittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking ..

Category: Property Law | Date: | Hits: 42

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dis­missed without any order as to costs. Ed. ...... and order dated 12 November 2002 passed by the High Court Division in Civil Revision No.2468 of 2001 discharging the Rule issued against the judgment and decree dated 11.01.2001 of the Subordinate Judge and Artha Rin Adalat, Rajshahi in Title Appeal No.130 of 1999 reversing those dated 28.02.19..

Category: Property Law | Date: | Hits: 34

Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)

.... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ......the High Court Division dated January 26, 2003 discharging the Rule obtained in Civil Revision No. 3497 of 1999. The civil revision was filed against the judgment and order of the Court of District Judge, Dinajpur in Miscellaneous Appeal was filed against the order dated April 13, 1998 and Apri..

Category: Civil Law | Date: | Hits: 106

Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)

....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......6.5.2004 passed by the High Court Division in Civil Revision No. 3948 of 2002 discharging the Rule obtained against the judgment and order dated 18.5.2002 passed by the learned Additional District Judge, Lalmonirhat in Miscellaneous Appeal No. 6 of 1999 affirming, with some modifica­tion, th..

Category: Property Law | Date: | Hits: 34

Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......evision No. 1233 of 1996 discharging the Rule. 2.  Short facts are that the respondent-pre-emptor filed the Miscellaneous Case (Pre­emption) No. 44 of 1987 in the Court of Assistant Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that Hara Kuma..

Category: Property Law | Date: | Hits: 31

Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)

....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......f those documents has filed this suit. 5. The trial Court decreed the suit. Being aggrieved by the decision, the defendant-petitioners filed Title Appeal No. 125 of 1970 before the District Judge, Kushtia, which was allowed by judgment and decree dated 13-7-1972. 6. The plaintiff r..

Category: Property Law | Date: | Hits: 35

Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....nbsp;                  Accordingly, the appeal is dismissed without any order as to cost. Ed. ......judgment dated 17.8.2000 of the High Court Division passed in Civil Revision No. 2363 of 1998 discharging the Rule which was obtained against the order dated 14-5-98 passed by the learned Assistant Judge, 4th Court, Dhaka in Title Suit No. 278 of 1997 rejecting the application filed by the plain..

Category: Employment/Service Law | Date: | Hits: 120

Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)

.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......f a Single Bench of the High Court Division in Civil Revision No. 876 of 2002 discharging the Rule obtained against the judgment and order dated February 10, 2002 of the 2nd Court of Joint District Judge, Jhalokathi in Title Appeal No.5 of 2001 (in fact Miscellaneous appeal) allowing the same and..

Category: Civil Law | Date: | Hits: 216