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Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....82 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal sharers and the C.S. record was accordingly prepared and finally published. On the death of Saku Sarder his interest devolved upon his son and daughters and the inte......cord- For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 102...... appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......13th Jaishtha 1340 B.S. and Hossain Sarder executed another loan document on 15th Ashar 1339 B.S. for a loan of Tk. 140/-.Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment of the loan money and executed a re..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......gistered by Ali Ahmed Khandker and Wali Mohammad Siddiqui in favour of the defendant Nos. 1 and 2 are illegal, void and not binding upon the plaintiff (the last relief Was inserted in pursuant to the order of the Court dated November 19, 1988 allowing prayer for amendment of the plaint). The applica...... his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... interest since liberation of Bangladesh occupied the land described in schedule 'B' and when plaintiff asked them to vacate the land they disclosed that they have purchased the property in suit from one Ali Ahmed Khandker and Wali Mohammad Siddiqui who said to have purchased the property in suit fr..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... making the rule absolute setting aside those dated 4.7.2004 of the Additional District Judge, Second Court, Dhaka dismissing the Miscellaneous Appeal Nos.335 of 2003 and 299 of 2003 affirming the order No. 15 dated 9.11.2003 of the Senior Assistant Judge, Second Court, Dhaka granting temporary ...... The petition is dismissed. Ed. ...... Syed J.R Mudassir Husain CJ Md. Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J M/s. Sonali Aansh Trading (Pvt.) Ltd & another…….....Petitioners Vs M/s Birla Tyres and others……………&helli..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......ded in the name of the Government, that is, in the name of Food Department. 4. During pendency of the suit the plaintiff-respondent amended the plaint and petitioner No.1 was made party and order was passed directing to issue summons upon the said petitioner and others and accordingly sum......f this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......Settlement Operation the said land was found to be wrongly recorded in the name of the Government. 3. The suit was contested by the Government of Bangladesh represented by the Deputy Commissioner, Narayangonj, Additional Deputy Commissioner Revenue, Narayangonj and Assistant Commissioner (..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 2.7.2003 passed by the High Court Division in Writ Petition No. 193 of 2002 discharging......s no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......t Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J K.M. Shamsul Alam.................................Petitioner Vs Managing Committee, Police Line High School and others...Respondents J..Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......d with findings that further application for bail is not barred in case of rejection of the former application and the Vacation Bench also has jurisdiction to grant ad-interim bail in such cases. The order of bail was obtained from the Vacation Bench on misrepresentation of facts and this fact being......d as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......urt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J M A Wahab, Advocate..…………..............Petitioner Vs. The State...................……………............Respondent Judgment Au..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
.....4.90 (Annexure P) for sale of the industrial concern under Article 34 of the Bangladesh Shilpa Bank Order, 1972, hereafter referred to as the Order and the notice for sale of the same (Annexure Q) published in the daily newspaper "Dainik Bangla" on 12.4.90. 3. Facts of the case, briefly, as in......te case being CC No. 28-BSB/86 for realisation of Tk. 21,11,411/- under the Public Demands Recovery Act, 1913. The petitioner filed Title suit No. 5 of 1987 challenging the certificate case and the order cancelling the loan agreement which, however, ended in a compromise and the suit was dismissed......erit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......ivil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents ..Category: Banking Law | Date: | Hits: 117
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......or the Appellant. B. Hossain, Deputy Attorney-General, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Criminal Appeal No. 12 of 1990. (From the judgment and order dated 29th January 1990 passed by the High Court Division, Comilla Session, Comilla in Crimina......urther proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ...... is applicable to the proceedings as to trial of the appellant under the Act. 9. Learned Advocate for the appellant has referred to a number of decisions in support of his contention, but none of the decisions has got any direct bearing on the question involved here. In the result, the ap..Category: Criminal Law | Date: | Hits: 58
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....ed order was the order that emanated from the Election Commission as such. In the result, this petition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......smissed. Words & Phrases The official note processed by secretary of the election commission and the election commission arriving at a decision, on such note later on cannot be said to be order of the secretary as because the impugned order was the order that emanated from the election c......ition is, therefore, dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 218.......ivision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J B. D. Habibullah..................………………………………..... Petitioner Vs. Election Commission and others.................................Respondents Judgme..Category: Election Law | Date: | Hits: 146
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Petition No. 74 of 1989.) Judgment ATM Afzal J. - This petition is from the judgment and order dated 6 June, 1989 passed by the High Court Division Dhaka discharging the Rule in Writ Petiti......effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ....... ..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of......gh Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Principal Secretary, President's Secretariat, Dhaka & ors............Petitioners Vs. Mahtabuddin Ahmed...................…………………………………………..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ......om the Judgment and Order dated 12 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 998 of 1989). Judgment ATM Afzal J. - This appeal by leave is from the impugned order dated 12th December 1989 passed by a Division Bench of the High Court Division, Dhaka rejectin......he Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..................Respondent Judgment April 4, 1990. Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a d..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......xt.1 was recorded as an FIR but at the trial it became relevant as a dying declaration under section 32(1) of the Evidence Act. This statement contains the entire prosecution case, sustains the order of conviction and, naturally, has been the object of trenchant criticism by the defence. The......ant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......m the Judgment and Order dated 28-7-87 passed by the High Court Division, Dhaka in Death Reference No. 14 of 1986 with Criminal Appeal No. 456 of 1986). Judgment Shahabuddin Ahmed CJ. - I have gone through the Judgments written by my learned brothers ATM Afzal and Latifur Rahman, JJ; I concu..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned 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. ......sp; Md. Tafazzul Islam J. - This criminal petition for leave to appeal by the complainant/petitioner is directed against the judgment and order dated 12.7.2003 of the High Court Division in Criminal Miscellaneous Case No. 3128 of 2001 fi......or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... (Criminal) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Kazi Forhad Hossain (Munna)…………….Petitioner Vs Md. Golam Mustafa Sarwar alias Mohammad Golam Sarwar and another….......Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ...... Md. Tafazzul Islam J. - This petition for leave to appeal arises out of the judgment and order dated 16.5.2005 passed by the High Court Division in Civil Revision No.6558 of 2002 dischargi......gality or infirmity so as to call for any interference. The petition is dismissed. Ed. ...... Amirul Kabir Chowdhury J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Director and another ………………….Petitioner Vs Bangladesh Commerce Bank Ltd., Dholaikhal Branch and others……&h..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ...... M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference No.......eason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ......pellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Islam Uddin @ Din Islam…………Petitioner Vs The State……………………Respo..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......the judgment and decree dated March 25, 1995 of the Court of Senior Assistant Judge, Rajshahi in Title Suit No. 220 of 1994 decreeing the same. The suit was filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Commissioner (Revenue), Rajshahi in Excha......e appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......ppellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rajshahi and others…………..Appellant Vs Md. Abdul Jabb..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ...... Judgment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 03.06.1999 passed by a Division Bench of the High Court Division in Criminal Miscellan......nd as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......e Court Appellate Division (Criminal) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State, represented by the Deputy Commissioner, Gazipur Vs. Mrs. Lailun Nahar Ekram, Managing Director, Engineer and Cons..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....dge, Chakaria under District Cox's Bazar stating, inter-alia, that, the land described in plaint belonged to Nur Ahmed and others. Accordingly P.R.R. and M.R.R. Khatians have been prepared and published. Nur Ahmed and others were in need of money and sold the same to the plaintiff who h...... Mohammad Fazlul Karim J. – The petitioners seek leave to appeal against the judgment and order dated 11.08.2002 passed in Civil Revision No. 1670 of 1995 making the rule absolute setting a......also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......esh vs. Jalaluddin Ahmed 37 DLR (AD) 27; Haji Ghulam Mohyuddin Vs. Federation of Pakistan, PLD 1967 Lah. 204. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For Respondent No. 1. Not represented- R..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......ve to Appeal No. 1812 of 2002 Judgment Md. Fazlul Karim J.- The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88 of ...... the High Court Division. The petition is, accordingly, dismissed. Ed. ......p;……………………Respondent Judgment October 26, 2005 Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Murad Reza, Advocate (appeared with the leave of the Court), instructed by Mrs. Sufia..Category: Employment/Service Law | Date: | Hits: 136
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