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Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ...... No. 4255 of 1997.) Order: Amirul Kabir Chowdhury J.- Forest Ranger, Bhaluka Range Office and two other Officers being defendant Nos. 1-3 seek leave to appeal against the judgment and order dated 20.4.2004 passed by a Division Bench of the High Court Division in Civil Revision No. 4......ranted earlier be further extended till disposal of the appeal. Ed. ......l) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Forest Ranger, Bhaluka Range Office, Mymensingh and others......Petitioners Vs M/S. Hamid and sons Ltd. and others .....................................Resp..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ...... Zahangir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by the High Court Division in Civil Revision No. 1571 of 2003.) ...... the discussion made above the leave petition stands dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Musammat Sokhina Khatun..................petitioner Vs Mosammat Rowshanara Begum and others .........Respondents Judgment ..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......ructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Criminal Appeal No.34 of 2000 (From the judgment and order dated 14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998) ......der of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......urt Division in Criminal Appeal No.1361 of 2000) Judgment Amirul Kabir Chowdhury J.- At the instance of the state this petition for leave to appeal has been preferred against the judgment and order dated 27.08.2002 passed by the High Court Division in Criminal Appeal No.1361 of 2000 allowing...... On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... of the discussions and the view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......l. Accordingly the appeal is dismissed without any order as to costs. Ed. ......nsferred the same to his wife Ayesha Khatun. The plaintiff and his brother are the owners of the land of plot No.60 adjacent to plot No. 61. The deed of exchange was made between defendant No.1 on one side and the defendant Nos.2 and 3 on the other side. The land of plot No. 61 is covered b..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......structed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ......ider the prayer in accordance with law if found tenable in law. Ed. ...... Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the writ petitioner is that on 12.11.1991 he filed an application to the Ministry of Finance praying for issuing ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
.... 19. The grounds on which the by-laws may be treated as ultra vires are stated in Craies on Statute Law (7th Edr) page 325 as follows: "(a) That they are not made, sanctioned and published in the manner prescribed by the statute which authorizes the making of them. ......sented- Respondent Nos. 2-3 (In C.A. No. 32 of 1999) Not represented- Respondents (In C.A. Nos. 31 & 33 of 1999) Civil Appeal Nos. 30 and 31 of 1999 (From the judgment and order dated 1 December 1998 passed by the High Court Division in Writ Petition No.2775 of 1998 in b...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………&...... above appeals by leave arise out of facts akin to each other and involve common questions of law and therefore they have been heard together. 2. C.A.No.32 of 1999 and C.A. No.33 of 1999-one by Bangladesh Biman Corporation (briefly the Biman) and the other by the Government challenge ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......espondent Nos.1-4, 6-42 (In C.P. No. 1735 of 2005) Not represented- Respondent Nos.1-4, 6-45 (In C.P. No 50 of 2006) For Leave to Appeal No.1735 of 2005 (From the Judgment and order dated 31.08.2005 passed by the High Court Division in Writ Petition No. 3941 of 2002.) ......es are directed to file the concise statement within one month. Ed. ......ellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and others ....................Petitioner..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......peal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......e appellate Court has not committed any error in decreeing the suit. The High Court Division rejected the revisional application upon observing that the learned Counsel for the defendant petitioner has submitted that defendant has no objection against the claim of the plaintiff as rega..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the judgment and order dated 30.10.2001 passed by the High Court Division in Civil Revision No. 4207 of 1996.) ......er as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......n the appeal. Accordingly the appeal is dismissed without costs. Ed. ......evidence of other P.Ws. as well as by the documentary evidence. 6. Leave was granted to consider the submissions that plaintiff although claimed possession through the tenants but none of such of the tenants was examined to prove plaintiffs possession in the land in suit, wherea..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......se for the learned SCC Judge was to set a next date for the plaintiff to take steps for rectification of the errors in respect of appointment of the attorney and at that stage instead of passing such order, order of rejecting the plaint is misconceived………………….(18 & 20) Error in ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......py of the power of attorney in the Court, alleging that the power of attorney which was executed in Calcutta. India on 11.9.87 and validated at Dhaka on 16.12.87 was cancelled by the Deputy Commissioner, Dhaka by an order dated 3.5.88 upon an application of the defendant and after hearing both p..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....blication of the election of Chairman is also invalid. Election of members of Ward No. 2 & 3 not being connected with the remaining Ward No. 1, is valid. Even if election of members is separately published in the gazettes no purpose will be served as because chairman has not been declared electe......structed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent No. 5. Not represented — Respondent Nos. 1 to 4 and 6 to 11. Civil Appeal No. 3 of 1990. (From the judgment and order dated 19.11.1989 passed by the High Court Division, Dhaka, in Writ Petition No. 955 of 1989)...... and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Syed Alam Mia.............................……………………….....Petitioner Vs. The Election Commission of Bangladesh represented by the Secretary, Election Commissi..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......Deputy Attorney-General instructed by Mvi. Md. Wahidullah, Advocate-on-Record — For the Respondent No 2. Ex parte—Respondent No. 1. Criminal Appeal No. 31 of 1986. (From the judgment and order dated 23rd June, 1986 passed by the High Court Division, Dhaka in Criminal Revision No.64 of 1......appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ...... to deal in jute at Bhatiapara and Moisharghope within Faridpur District, that the accused-appellants purchased jute from Moisharghope Bandar from 27th Aswin to 29th Chaitra, 1386 BS on payment of money occasionally, that on accounting at the end of the year Tk. 83,700/- was found due and the accu..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....e, Dhaka behind the back of the plaintiffs. 10. On 24.2.1980 the plaintiffs came to learn about the said fraudulent transactions of defendant No.1 when a sale proclamation of the suit property was published in the daily Bangladesh Observer. After inspecting the case records through Advocates th......laring that the plaintiffs are the sole legal heirs and successors of late MA Naser and as such they are the sixteen annas owners of the suit property. (b) that a decree declaring that the decree/ order passed in Miscellaneous Case No. 88 of 1976 on 21.9.1977 is illegal, null and void being obt......peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......(2) The Evidence Act, 1872 (I of 1872), section 115 The Limitation Act, 1908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......ceipt came to positive findings that the negotiation and contract for sale of the land was a concluded contract and that defendants 1 and 2 are in good terms and not opposed to each other, but in order to resist the claim of the plaintiff, defendant No.1 tried to shake off her responsibility i......he appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... how he put his signature in the document, onus lies on the defendant to prove his part of the story. In the present case the plaintiff has produced not an agreement of sale but a receipt of earnest money, signed not by the owner but by her son. The basis of his suit is an oral agreement, not Ext. 4..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 15.02.2004 passed by a Division Bench of the High Court Division in Death Reference No....... at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... Present: Md. Ruhul Amin J Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State......................Petitioner Vs Mofizuddin and other………………….R..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......2003 Judgment: Md. Tafazzul Islam J.- This appeal by leave is against the judgment and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No...... 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......No.8 of 1989 was registered. Since all the accused were in abscondence, the Court of Sessions, after observing the procedure relating to holding trial in abstentia, proceeded with the trial and at one stage of the trial the appellant and Imam Hossain surrendered. The Court of Sessions after tria..Category: Criminal Law | Date: | Hits: 52
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the judgment and order dated 4.3.2001 passed by the High Court Division in Writ Petition No. 4004 of 1998 making the......ed Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ......e Division (Civil) Present: Syed J.R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J National Board of Revenue & Ors ....Petitioners Vs Al-Haj Mohammad Sufian ……………....Responde..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ...... J. - This is a writ-petitioners' appeal, by leave, against the judgment of March 1, 2003 passed by the High Court Division in writ Petition No.171 of 2003 discharging the Rule obtained impugning the order of June 10, 2002 of the Office of the Administrator of Waqfs directing the District Magistrate...... Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......lants. Mustafa Niaz Mohammad, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondents. Civil Appeal No. 186 of 2003 Judgment Md. Ruhul Amin J. - This is a writ-petitioners' appeal, by leave, against the judgment of March 1, 2003 passed by the High Court Division in ..Category: Trust/Waqf Law | Date: | Hits: 228
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