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Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......ocate-on-Record- For the Petitioner None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 2006 passed by the High Court Division in Criminal Appeal No.1......the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......ourt Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Joynul Abedin J Md. Hassan Ameen J Mohammad Ali alias Shanu ............Petitioner Vs. The State..................................Respondent Judgment ..Category: Criminal Law | Date: | Hits: 40
Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
....irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ......ted against the judgment dated January 9, 2005 of a single Bench of the High Court Division in Criminal Appeal No. 863 of 2001 dismissing the same. 2. The appeal was filed against the judgment and order dated January 25, 2001 of the Court of Divisional Special Judge, Rajshahi Division, Rajshahi i......ing for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ......(AD) 2008, 118. ..Category: Anti-Corruption Laws | Date: | Hits: 111
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......yers Involved: Md. Amir Hossain, Advocate on-Record- For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No.1336 of 2002. (From the judgment and order dated 11.02.2002 passed by the High Court Division in Civil Revision No.4088 of 1991.) Judg......he same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......ted in: 13 MLR (AD) 2008, 116. ..Category: Tenancy Law | Date: | Hits: 174
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ...... Not represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 429 of 2005 (From the judgment and order dated 04.12.2004 passed by the High Court Division in Civil Revision No.1261 of 2000.) ......bdul Halim and another.............Respondents Judgment March 18, 2007. Lawyers Involved: Farooq Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. N.I. Bhuiyan, Advocate......ppellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Sirajul Haq...........................Petitioner Vs. Md. Abdul Halim and another.............Respondents Judgment M..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- For Respondent No. 2. Civil Petition for Leave to Appeal No. 599 of 2005. (From the judgment and order dated 13th March, 2005 passed by the High Court Division in Civil Revision No.1541 of 2001) ...... This case is also Reported in: 13 MLR (AD) 2008, 110. ......2008, 110. ..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....gh his father owned and possessed the land so taken settlement and S.A. record was prepared in his name, that during R.S. Survey draft Khatian No.60 was prepared in his name, but the same was finally published in the name of Ex-landlords and in the remark column the property was shown as vested prop...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......, 105. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ......ate-on-record- For the Petitioners. Chowdhury, Md. Zahangir, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 1572 of 2004 (From the judgment and order dated 11.11.2003 passed by the High Court Division in Writ Petition No. 6127 of 2001). ...... Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ......zlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary, Ministry of Finance, Bangladesh Secretariat, and others........ ....................Petitioner Vs. Md. Abdur Rashid and others ....................................Respondents..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ...... Begum Lutfunnessa vs. Nazimuddin Ahmed and others, 40 DLR 232; Khaled Akbar Vs The Government of Bangladesh and others, 42 DLR 66. Civil Appeal Nos. 259-61 of 2001 (From the judgment and order dated 03.03.1998 passed by the High Court Division in Writ Petition Nos.2153, 2154 & 215...... Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......ka series 688; Behari Lal and another Vs. M.M. Gobardhan Lal and others, A.I.R 1948; (Allahabad) 353; Abul Basher Chowdhury vs. Mehar Khatun, 35 DLR (1983) 6; Hussain Bakhsh vs. Settlement Commissioner and another, 21 DLR (SC) 456; Begum Lutfunnessa vs. Nazimuddin Ahmed and others, 40 DLR 232; K..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......bu Bakkar Siddique, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent (In both the cases). Criminal Appeal Nos. 52 and 53 of 2007. (From the judgment and order dated 2-5-2005 passed by the Appellate Division in Criminal Appeal Nos. 12 and 13 of 1998) ......pellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......l Appeal Nos. 52 and 53 of 2007. (From the judgment and order dated 2-5-2005 passed by the Appellate Division in Criminal Appeal Nos. 12 and 13 of 1998) Judgment Md. Ruhul Amin CJ. - I have gone through the judgments proposed to be delivered by my brothers Md. Fazlul Karim J, Md. Joynul Abe..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......wab Ali, Advocate-on-Record—For the Respondents. Not represented—Respondents. Civil Petition for leave to Appeal Nos.1163 & 1164 of 2005. (From the judgment and order dated 16-4-2005 passed by the High Court Division in Civil Revision No. 2825 of 2003 and Civ...... Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... J Khorshed Alam (Md).....................Petitioner Vs. Hazi Mohiuddin and others.............Respondents Judgment Febr..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....f the State Acquisition and Tenancy Act, 1950 is of the class of non-retainable land and that compensation roll in the name of Sree Krishna Soni has already been prepared and the same has been published in the Gazette and that notices were served on Sree Krishna Soni and others. 4. Th......Md. Aftab Hossain, Advocate-on-Record—For the Petitioners Not represented—The Respondents Civil Petition for Leave to Appeal No.132 of 2001. (From the Judgment and order dated 14-8-200 passed by the High Court Division in Civil Revision No.4302 of 1999). J......e petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......te Division (Civil) Present: Md. Ruhul Amin J Md. Mudassir Husain J Abu Sayeed Ahammed J Gopal Das Soni and another........................Petitioners Vs. Government of Bangladesh and others....... ...............Respondents ..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......m the PW 2. PW 1, Saker Ali opposed the accused No.1. Then the accused No.1 went to his house and again came with the other co-accuseds. Accused Emadul dealt an axe blow to PW 1 aiming his hand in order to kill him. The blow hit the jaw of the PW 1 Saker Ali and he fell down on the ground. The a...... Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......nt: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Dawad Ali Sardar (Md)..................Petitioner Vs. Kazi Mujibar Rahman and others............... Respondents Judgment&nb..Category: Criminal Law | Date: | Hits: 34
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......ttorney-General instructed by B Hossain, Advocate-on-Record—For the Appellant. Aftab Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 38 of 2000 (From the judgment and order dated 9-7-1998 passed by the High Court Division in Criminal Revision No. 249 of 1997). Jud......nal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ...... the Rule absolute and quashing the proceedings of Special Case No.7 of 1996 under sections 419/ 420/467/471/109 of the Penal Code read with section 5(2) of Act II of 1947. 2. Short facts are that one Mohammad Abul Kashem, Assistant Inspector of District Anti-Corruption Bureau, Kushtia lodged FIR..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......pondent Nos. 1-6. Enayatur Rahim, Advocate instructed by AKM Shahidul Huq— For the Respondents. Civil Petition for Leave to Appeal No. 632 of 2005. (From the judgment and order dated 27-7-2004 passed by the High Court Division in Civil Revision No. 5411 of 2003). ......AD) (2008) 40. ...... Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Amirul Kabir Chowdhury J Saimuddin (Md).............................Petitioner Vs. Amjad Ali and others.........................Respondents Judgment ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ...... Nawab Ali, Advocate- on-Record—For Respondent No. 1. Not Represented — The Respondent No. 2. Civil Appeal No. 34 of 1999. (From the Judgment and order dated 1-3-98 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 24 of 1997)...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh…&helli......ow wholly went wrong in holding that the order of dismissal passed on the basis of the second and third enquiry reports was not legally justified in that they lost sight of the fact that it was but one and the same enquiry in respect of the sixth allegation brought against the respondent and tha..Category: Administrative Law | Date: | Hits: 94
Shahe Alam (Md) Vs. Md. Golam Sarwar and others, 2000, 29 CLC (AD)
....o substance in this petition. The petition is therefore dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 164. ......Civil Petition for Leave to Appeal No. 1205 of 1999. Judgment Mahmudul Amin Choudhury J.- This petition for leave to appeal is against judgment and order dated 18-8-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 256......Reported in: 52 DLR (AD) (2000) 164. ......p;………………………………………………………………Petitioner Vs. Md. Golam Sarwar and others ………………&he..Category: Election Law | Date: | Hits: 112
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ....... Judgment Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal by the Writ petitioners, namely, ASF Rahman, Salman F Rahman, Iqbal Ahmed and MA Qasem is from the judgment and order dated 9 May 1999 of a Division Bench of the High Court Division in Writ Petition No. 463 of 19...... Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......te Division (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J ASF Rahman and others ……………………………………Petitioners Vs. Bangladesh Bank and others …………………………….Respondent Judgm..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......ash; For Respondent No. 1 (In both the Appeals). Not represented— Respondent No. 2-19 (In both the Appeals). Civil Appeal Nos. 11 & 12 of 1999. (From the Judgment and order dated 6 & 7 December, 1998 passed by the High Court Division, Dhaka in FMA Nos. 109 and 1......urt Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Moulana Delwar Hosain Saydee………………&hel......155 of 1972), briefly, the Order, before the Election Tribunal (District and Sessions Judge), Pirojpur. 2. The appellant was opposite party No. 5 in the election petition. The election-petitioner alleged, inter alia, in his petition that he and opposite party Nos. 5-12 contested for the p..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......ona designata and refused to implead them. He found that the Mela Committee had violated the terms of the trust deed, and so appointed three persons as-the members of the Mela Committee. Against this order a revision was taken by the present petitioner before the High Court under, section 115 of the...... with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......und that the Mela Committee had violated the terms of the trust deed, and so appointed three persons as-the members of the Mela Committee. Against this order a revision was taken by the present petitioner before the High Court under, section 115 of the Cede of Civil Procedure and a Single Judge upho..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... by two voters of ward No. 1 describing ward No. 2 in place of old ward No. 1 in the belief that the number of ward changed from ward No. 1 to ward No. 2, according to the gazelle notification published on December 9, 1976. According to this notification which was issued on November 30, 197......peal by special leave arises from the judgment of a Division Bench of the High Court passed in Writ Petition No. 18 of 1977 summarily rejecting the appellant's petition wherein he impugned the orders of the respondent Nos. 2 and 3 ejecting his nomination paper and prayed for directing respo...... the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ...... upon me under Article of the Bangladesh Local Councils and Municipal Committees (Dissolution and Administration) Order, 1972 (P.O. No. 7 of 1972) I, Ziauddin Mohammad Chowdhury, Deputy Commissioner, Noakhali, do hereby notify for general information that South Tumchar Mouza and southern por..Category: Election Law | Date: | Hits: 114