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Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)

....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dis­missed. Ed. ......au after investi­gation submitted charge sheets against the petitioner and the Thana Magistrate, Adamdighi accepted the charge sheets and the petitioner has been allowed bail by the learned Sessions Judge and the cases have been transferred to the learned Divisional Special Judge, Adamdighi, Rajsha..

Category: Anti-Corruption Laws | Date: | Hits: 94

State Vs. Abul Kalam, 2006, 35 CLC (AD)

....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction.  Ed. ......; Criminal Petition For Leave To Appeal No. 106 of 2001. (From the Judgment and Order dated 23.10.2000 passed by the High Court Division in Criminal Appeal No. 2897 of 1999). Judgement               &..

Category: Criminal Law | Date: | Hits: 92

Panna Biswas Vs. State, 2006, 35 CLC (AD)

....rred by 324 days and the explanation given for the delay is not satisfactory.  This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed.  Ed ......on the said F. I. R took up the investigation of the case and thereafter submitted charge sheet under the aforesaid sections and trial was held in his absence and after the trial the learned Sessions Judge and Special Tribunal Judge, Pabna, on receipt of the record registered the case as Special Tri..

Category: Criminal Law | Date: | Hits: 89

Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)

....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accord­ingly this petition for leave to appeal is dis­missed.  Ed. ......g each of them to suffer rigorous imprisonment for life and also to pay a fine of Tk. 2,000/- each in default to suffer R. I. for a period of 2 years more as passed by the learned Additional Sessions Judge, 3rd Court, Rajshahi, in sessions Case No. 118 of 1985 by the judgment and order dated 17-11-1..

Category: Criminal Law | Date: | Hits: 99

Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)

....ntitled to be discharged from the charge framed against him.  6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed.  Ed. ......inal Revision No. 529 of 1998. The revisional application under Section 439 of the Code of Criminal Procedure was filed against the order dated 22nd June, 1997 of the 2nd Court of Additional Sessions Judge, Dhaka in Sessions Case No. 25 of 1997 rejecting an application filed under section 265C of th..

Category: Criminal Law | Date: | Hits: 90

Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)

....uld not be proved beyond all reasonable doubt.  The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for.   Ed ...... passed by a Division Bench of the High Court Division in Criminal Appeal No. 1819 of 1994 dismissing the same by upholding the order of conviction and sentence as passed by the District and Sessions Judge Rajbari on 31-08-94 in Sessions Case No. 7 of 1994 convicting the petitioners under Section 30..

Category: Criminal Law | Date: | Hits: 121

Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ......n Bench of the High Court Division in Criminal Appeal No. 2777 of 1998 dis­missing the appeal of the appellant modify­ing the conviction and sentence passed by the learned Additional Sessions Judge, 3rd Court, Sylhet in Sessions Case No. 42 of 1994 altering conviction of the appellant under ..

Category: Criminal Law | Date: | Hits: 95

Mohiuddin and oth­ers Vs. Shwkat Ali and oth­ers, 2006, 35 CLC (AD)

....to interfere with the same.  12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs.  Ed. ......of the High Court Division the defendant appellants preferred this appeal.  2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging ..

Category: Property Law | Date: | Hits: 57

Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)

....ithout any order as  to  costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above.  Ed. ......gh Court Division. Thereafter leave was granted by this Division to consider the submissions that in a suit for permanent injunction the main issue was the factum of possession but the learned Single Judge without determining this primary and vital issue, decided the title and merit of the suit in i..

Category: Property Law | Date: | Hits: 43

Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)

....six) months.  9. The petitioners are permitted to add additional ground.  10.  The appellants are permitted to make the appeals ready for hearing within 6(six) months.  Ed ...... Industrial Area, Tongi, Gazipur and were dismissed from service with effect from 09.08.1993 on the ground that they were convicted in Sessions Case No. 187 of 1992 by the learned Additional Sessions Judge, 2nd Court, Dhaka and sentences to suffer imprisonment for life and also to pay fine of Tk. 5,..

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

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ...... the judgment and order dated 4th April 1996 passed by the High Court Division in Appeal From Original Order No. 82 of 1993 allowing the appeal setting aside those dated 30.11.1992 of the Subordinate Judge, First Court, Dhaka in Miscellaneous Case No. 71 of 1991 declaring the award dated 21.9.1991 s..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......st the judgment and decree dated 5.3.89 passed by a Division Bench of the High Court Division in First Appeal No. 40 of 1985 reversing the judgment and decree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981.  2. The plaintiff-appellant instituted ..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

...., felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ......ted 8.3.1999 passed by the High Court Division in Civil Revision No. 2181 of 1997 discharging the Rule and thereby affirming the judgment and decree dated 12.1.1997 of the learned Additional District Judge, First Court, Narayangonj allowing the Title Appeal No. 83 of 1994 decreeing the suit upon rev..

Category: Property Law | Date: | Hits: 73

National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)

....nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ......20% per annum till realization. The defendant in its written statement made a counter-claim of Tk.20,31,872/-against the plaintiff with 20% interest per annum till relisation. The learned Subordinate Judge dismissed both the suits and the counter claim.  3. The case of the plaintiff respondent..

Category: Business or Commercial Law | Date: | Hits: 108

Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)

....sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same.  Accordingly, the leave petition is dis­missed.   Ed. ......Division Bench of the High Court Division in First Appeal No. 377 of 1996 allowing the appeal.  2. The plaintiffs instituted Partition Suit No.29 of 1994 in the First Court of Subordinate  Judge (now Joint District Judge), Chittagong for partition of the suit property stating, inter alia,..

Category: Property Law | Date: | Hits: 66

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

....arned Counsel of the petitioners. The review petitions are, accordingly, dismis­sed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......s directed against the judgment and decree dated 1-9-1992 passed by the High Court Division in Appeal from Original Decree No. 138 of 1990 affirming those dated 31-5-1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No. 124 of 1987. 3. The suit was for a decree o..

Category: Property Law | Date: | Hits: 97

Kamal Uddin Vs. State, 2006, 35 CLC (AD)

....commit any error in passing the impugned judgment and order.  15. In view of-the discussion made above we do not find any substance in the petition.  The petition is dismissed.  Ed. ......y charge sheet was accepted by the learned Magistrate who took cognizance against the accused peti­tioner along with other accused and the case has been sent for trial before the learned Sessions Judge, Comilla where it has been registered as Sessions Case No. 365 of 2002 and the case has been t..

Category: Criminal Law | Date: | Hits: 103

Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)

.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues includ­ing the issue regarding maintainability in accordance with law.  Ed. ......ief Act and directing the Court to dis­pose of the question of maintainability of the suit before recording of the evidence setting aside the order dated 27.02.2003 passed by the Senior Assistant Judge, Savar, Dhaka in Title Suit No. 323 of 2002 renumbered as Title Suit No. 92 of 2003 upon its t..

Category: Employment/Service Law | Date: | Hits: 211

Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)

....fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ......f the judgment of the trial court and thereby the delay of 201 days was caused in filing the revisional application against the judg­ment and decree dated 9.3.1998 of the learned Subordinate Judge, Artharin Adalat, Dinajpur, in Other Class Appeal No. 72 of 1991. The High Court Division did ..

Category: Procedural Law | Date: | Hits: 133

Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)

....agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ......001 passed in Civil Revision No. 576 of 1991 by a Single Bench of the High Court Division discharging the Rule affirming the judgment and decree dated 31-1-1991 passed by the learned Senior Assistant Judge and S.C.C. Judge, 1st Court, Chittagong Sadar in S.C.C. Suit No. 1 of 1989 decreeing the same...

Category: Property Law | Date: | Hits: 54