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Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

....y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......9). Judgment      Latifur Rahman CJ.- This appeal by leave at the instance of the plaintiff-appellant is against the judgment and decree passed by a learned Single Judge of the High Court Division in Civil Revision No. 742 of 1989 on 21-4-93, setting aside the ju..

Category: Property Law | Date: | Hits: 64

ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)

....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ...... Rahman J.- I agree with the view of my learned brother Justice BB Roy Choudhury. Kazi Ebadul Hoque J.- This appeal by leave is from judgment and order dated 25-8-1999 passed by the Company Judge of the High Court Division in Matter No. 106 of 1997 disposing of the objection raise by the ..

Category: Business or Commercial Law | Date: | Hits: 107

Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)

....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ...... of 1997. Judgment:      Bimalendu Bikash Roy Chowdhury J.- The relevant facts are brief. The petitioner along with another brought in the First Court of Subordinate Judge, Chittagong a suit for declaration of tile, confirmation of possession etc, in respect of ce..

Category: Procedural Law | Date: | Hits: 97

Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)

....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......uit property has been correctly enlisted as vested property as the owners thereof had left for India and the Government is in possession thereof through its lessee. 4. The Senior Assistant Judge, Sreenagar, dismissed the suit in consideration of the evidence on record. 5. The pl..

Category: Property Law | Date: | Hits: 59

Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)

....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......ated 24-11-97 passed by a Division Bench of the High Court Division affirming the judgment and order of conviction and sentence passed under section 396 of the Penal Code by the Additional Sessions Judge Faridpur in Sessions Case No. 35 of 1991 and sentencing each of the petitioners to suffer im..

Category: Criminal Law | Date: | Hits: 64

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....s Syed Ishtiaq Ahmed rightly points out, in effect means the Prime Minister or the Chief Political Executive of the country, in view of Articles 48(3) and 55(2). The President wields control over the Presiding Officers of subordinate courts in a wide variety of fields. The Prime Minister has therefo......ellant from the judgment and order dated 7-5-97 passed by a Division Bench of the High Court Division in Writ Petition No. 2424 of 1995. 2. 223 Writ petitioner-respondents who are either District Judges, Additional District Judges or Subordinate Judges or other judges in the subordinate judiciar..

Category: Constitutional Law | Date: | Hits: 829

Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)

....e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......mpt of Court Act, 1926 (XII of 1926), Section 2 While a judgement is pending on appeal before this Division, publishing an article with an opinion on the subject matter is sub-judice and the Judge will desist from committing such an act in future.  Case Referred to- 4 B..

Category: Criminal Law | Date: | Hits: 63

Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)

.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......t       AM Mahmudur Rahman J.- This petition for leave to appeal by the plaintiff-petitioners is from the judgment and order dated 30-1-95 passed by a learned Single Judge of the High Court Division in Civil Revision No. 5199/(Dhaka) 209/87 (Chittagong) making the ..

Category: Civil Law | Date: | Hits: 104

Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)

....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..

Category: Business or Commercial Law | Date: | Hits: 104

Jamshed Ali Vs. AKM Abdullah and others, 2000, 29 CLC (AD)

....red into the polling station at Lamagaon Talukpara Government Primary School centre and forcibly snatched away ballot papers and all other connected materials of Ward No. 4 of the said union. The Presiding Officer thereafter lodged first information report with Kotwali Police Station, Sylhet. I......ed 30-12-97 (Annexure E) informed the District Election Officer that the presiding officer did not forward to him any result of the poll of the aforesaid polling station and, as such, the learned Judges of High Court Division erred in placing undue importance to the result produced by respon..

Category: Election Law | Date: | Hits: 110

Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)

....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed.  This Case is also Reported in: 52 DLR (AD) (2000) 66. ......scertaining the actual age of the girl by fresh medical examination and the learned Magistrate having allowed the said prayer by his order dated 22-1-98 respondent No. 1 moved the learned Sessions Judges in revision against the said order, who allowing the revision case, by his order dated 25-2-..

Category: Criminal Law | Date: | Hits: 48

Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)

....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ...... represented — Respondent. Criminal Petition For Leave to Appeal No. 208 of 1998 Judgment    Latifur Rahman J.- In Sessions Case No.1991 the Additional Sessions Judge, Mymensingh on 30-3-95 convicted accused-petitioner No. 1 under sections 302/109 of the Penal..

Category: Criminal Law | Date: | Hits: 61

Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)

....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ...... under the Criminal Law amendment Act. There is no provision for revival of the case after lapse of two years under section 8(a) of the Criminal Law Amendment Act. So the learned Divisional Special Judge had no authority to revive the case under the provisions of the Code of Criminal Procedure&h..

Category: Criminal Law | Date: | Hits: 59

Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)

....t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......e accused-petitioner arises out of yet another deprecatory order passed by Division Bench of the High Court Division transferring Sessions Case No. 83 of 1998 from the Court of Additional Sessions Judge to the Court of Sessions Judge, Nawabganj for trial on an application under section 526 of th..

Category: Criminal Law | Date: | Hits: 59

Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)

....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......ivision, Dhaka in Civil Revision No. 4687 of 1998). Judgment Kazi Ebadul Hoque J.- Defendant-petitioner is seeking leave to appeal against judgment and order dated 10-8-99 passed by a Single Judge of the High Court Division in Civil Revision No. 4687 of 1999 discharging the Rule and affirmi..

Category: Civil Law | Date: | Hits: 142

Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)

....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......t in consideration of the evidence on record. The contesting defendants preferred an appeal therefrom but lost. Thereupon they went up in revision, Civil Revision No. 1040 of 1992. A learned Single Judge of the High Court Division, by his judgment and order dated 20 November, 1997, discharged th..

Category: Property Law | Date: | Hits: 47

Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)

.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ...... Order No. 992 of 1997. Judgment       Mustafa Kamal CJ.- The plaintiff-respondent’s Title Suit No. 43 of 1988 was decreed by the 6th Court of Assistant Judge, Dhaka by judgment and decree dated 5-10-1993 in the following terms: “…..

Category: Property Law | Date: | Hits: 59

Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)

.....75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43.   ...... Housing Estate known as Bashundhara which is in a development stage. 3. The present petitioner and other respondent in the writ petition instituted a suit in the 3rd Court of Subordinate Judge, Dhaka, namely, Title Suit No. 11 of 1997 on 19-1-97 for a decree for declaration of title t..

Category: Constitutional Law | Date: | Hits: 164

Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)

....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......f 1996). Judgment       Bimalendu Bikash Roy Choudhury J.- This appeal by the defendant is directed against the judgment and order passed by the learned Single Judge of the High Court Division, dated 20 July 1998, in Civil Revision No. 3453 of 1996. By the s..

Category: Property Law | Date: | Hits: 59

Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)

.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......tion decree was not executed in full and that the tenancy of the pre-emptor and the vendors were still ejmali and that there was no evidence that the ejmali property was separated. A learned Single Judge of the High Court Division affirmed the judgment of the lower appellate Court. 6. In..

Category: Property Law | Date: | Hits: 57