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S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)

.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ...... High Court Division in Criminal Miscellaneous Case No. 8491 of 2001) Judgement Amirul Kabir Chowdhury J. - Accused S. M. Emdadul Hossain (Bulbul) seeks leave to appeal against the judgment and order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of ......urt Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......n (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J S. M. Emdadul Hossain (Bulbul).................................Petitioner Vs. Jinnur Hosain and another.........................Respondent Order: August 8, ..

Category: Criminal Law | Date: | Hits: 36

Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)

....has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ......llaneous Case No. 1634 of 2004) Judgment:        Amirul Kabir Chowdhury J. - Accused petitioner Md. Nurul Islam seeks leave to appeal against judgment and order dated 15.02.04 passed by a Division Bench of the High Court Division in Criminal Miscellaneou...... Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ......min J Mohammad Fazlul Karim J M. M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Nurul Amin………………………...Petitioner vs The State represented by the Deputy Commissioner, Pabna.....Respondents ..

Category: Criminal Law | Date: | Hits: 39

Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)

.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ...... dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987) Judgment Amirul Kabir Chowdhury J.- Convict Mahbbur Rahman seeks leave to appeal against the judgment and order dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987 allowing......ind any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......Appellate Division (Criminal) Present:  Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mahbubur Rahman..........................Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka..

Category: Criminal Law | Date: | Hits: 50

Mizanur Rahman alias Mithu and anoth­er Vs. State, 2006, 35 CLC (AD)

....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......    Amirul Kabir Chowdhury J.- Mizanur Rahman alias Mithu and Masud Uddin alias Md. Masud Uddin alias Badal, the two convict petitioners seek leave to appeal against the judgment and order dated 30.04.2003 passed by a Division Bench of the High Court Division in Death Reference No.......per book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......nal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mizanur Rahman alias Mithu and anoth­er……....Petitioner Vs The State……………………&hel..

Category: Criminal Law | Date: | Hits: 48

Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)

....sidera­tion. Preparation of paper book is dis­pensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ...... Judgement:         Amirul Kabir Chowdhury J. - The delay of twenty four days is condoned. The petitioners seek leave to appeal against the judgment and order dated 18.6.2003 passed by a Division Bench of the High Court Division in Criminal Appeal No.......order of stay granted earlier be extended for further 6(six) months from date. Ed. ......ivil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Golam Mostafa alias Gholam Mostafa and others..............Petitioner Vs The State...............................Respondent Judgement F..

Category: Criminal Law | Date: | Hits: 29

Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)

....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......2, by leave, is against the judgment dated August 2,2001 of a Division Bench of the High Court Division in Writ Petition No. 2634 of 1998 making the Rule absolute and thereupon declaring the Office order dated January 1, 1998 (communicating promotion of Respondent Nos. 3 and 4 and others to the ...... the appeal is allowed. There is no order as to cost. Ed. ......hmed and another...................Respondents Judgment March 9, 2005. Service matter: Seniority and Promotion  The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promot..

Category: Employment/Service Law | Date: | Hits: 54

Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)

....n with an application under section 151 of the Code of Civil Procedure. It was, inter alia, stated in the said application that appellant No. 1 Bangladesh Bank invited international ten­der by publishing tender notice dated 15.9.1994 inviting quotations/offers from interested reputed Mints f......icus Curiae. Not represented-Respondent No. 3. Civil Appeal No. 4 of 1995 (From the Judgment and Order dated December 11, 1994 passed by the High Court Division, Dhaka in Civil order No. 4061 of 1994) Judgment:       A. T. M. Afzal CJ. - ......vs Messers Fabrica Nacional De Monedy Timbre & others..............Respondents Judgment April 1, 1997. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advoc......atifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Bank & others..........Defendant-Appellants vs Messers Fabrica Nacional De Monedy Timbre & others..............Respondents Judgment April 1, 1997. Law..

Category: Civil Law | Date: | Hits: 119

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

....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......50 of 1996) Judgment:                   Amirul Kabir Chowdhury J.- Feeling aggrieved by the judgment and order dated 10-1-2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneo...... (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......te Division (Criminal) Present: Syed J. R Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abul Hashem..........................Petitioner Vs. The State represent­ed by the Deputy Commissioner, Cox's Bazar............

Category: Criminal Law | Date: | Hits: 30

Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)

....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......ment:                   Abu Sayeed Ahammed J. - Accused convict seeks leave to appeal against the judgment and order dated 29-3-2001 passed in Criminal Appeal No. 283 of 1998 by a Division Bench of the High Cou...... both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......llip;……..Respondent Judgment March 7, 2004 Lawyers Involved: Idrisur Rahman, Advocate instructed by A. K. M. Shahaidul Huq Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Appeal No. 158 of 2001 (From Judgment..

Category: Criminal Law | Date: | Hits: 43

Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)

....) months. The petitioner is permitted to add addi­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ......bsp;                 Syed JR. Mudassir Husain CJ.-This Criminal Petition for leave to appeal is from the judgment and order dated 01.09.2004 passed by a Division Bench of the High Court Division in Criminal Miscellane......i­tional grounds. However, the proceedings before the lower Court below shall continue in accor­dance with law. Ed. ...... (Criminal) Present Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement ..

Category: Property Law | Date: | Hits: 31

Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)

....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......;         Amirul Kabir Chowdhury J. -Convict petitioner Mohammad Salim Ahmed @ Md. Salim Miah seeks leave to appeal in this petition against the judgment and order dated 24.05.2003 passed by a Division Bench of the High Court Division dismissing Criminal A......ances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ...... (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Salim Ahmed @ Md. Salim Miah...........Petitioner vs The State…………………….Resp..

Category: Criminal Law | Date: | Hits: 52

Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)

....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......lam (Selim) Writ Respondent No. 4, a candidate for election for the post of Chairman of No.9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls in question the legality of the order dated 13th April, 2003 passed by the High Court Division in Writ Petition No. 536 of 2003 mak......o. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......he Returning Officer that the appellant respondent No. 4 having taken an advance of TK.20,0007 on 13-05-2003 for imple­mentation of the development project of the said Union and which was not done. So, he become disqualified under the provision of Section 7(2) (f) of the Local government (Un..

Category: Election Law | Date: | Hits: 108

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ....... 100 of 1998) Civil Appeal No. 99-100 of 1998 (From the Judgment and Order dated 27-10-1997 passed by the High Court Division in writ petition No. 2126 of 1994 and judg­ment and order dated 10-07-1996 passed by the High Court Division in writ petition No. 3370 of 1992) ......ind no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ...... No.2 was not a second class mastership certificate holder and he was not entitled to get the scale of Tk. 470-1135 and that interpreta­tion given to the office memorandum dated 1-1-1981 was erroneous which to a wrong decision as arrived at by the High Court Division and the same is liable t..

Category: Employment/Service Law | Date: | Hits: 55

Md. Abdul Jalil Vs. Mosammat Shefali Begum and oth­ers, 2006, 35 CLC (AD)

....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ther Class Suit No. 109 of 1982 dismissing the suit. 2. The plaintiff Mosammat Shefail Begum and three others instituted Other Class Suit No. 109 of 1982 seeking a decla­ration that the order dated 18.10.1982 passed by the Additional Commissioner, Rajshahi Division in Appeal Case No. ......aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... 2. The plaintiff Mosammat Shefail Begum and three others instituted Other Class Suit No. 109 of 1982 seeking a decla­ration that the order dated 18.10.1982 passed by the Additional Commissioner, Rajshahi Division in Appeal Case No. 100 of 1978 is illegal, void and not binding upon them. ..

Category: Property Law | Date: | Hits: 39

Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)

....e with law by giving opportu­nity to the concerned party to produce the will itself in question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ......reby Respondent No. 1's prayer for probate in respect of the will of her husband Trailakha Nath Roy was allowed. 2. The First Appeal was filed by the Respondent No.1 against the judgment and order of May 20, 1996 of the 1st Court of Additional District Judge, Barisal in Probate Case No. 2 ......question and prove it by adduc­ing evidence". There is no order as to cost. Ed. ......1996 of the 1st Court of Additional District Judge, Barisal in Probate Case No. 2 of 1992 rejecting the prayer of the Respondent No.1 seeking probate in respect of the will of the testator as mentioned above. This Division while allowing the appeal i. e. Civil Appeal No.151 of 2000 observed &quo..

Category: Property Law | Date: | Hits: 62

Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)

....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ...... date of taking evi­dence in May 1986. There is no evidence led by the plaintiffs that they were in pos­session of the suit land after the execution of the said unregistered deed of gift in order to show that defendant No.1 did not posses that suit land for more than 12 years from the da...... the appeal. Accordingly the appeal is allowed with­out any order as to costs. Ed. ......the land in suit "for more than statutory period of 12 years since 1342 B. S on the basis of the said deed of gift and according­ly recorded her name in the S.A khatian and this was also done during R.S opera­tion". It may be mentioned the appellate Court on consideration of th..

Category: Property Law | Date: | Hits: 23

Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)

....on decided the case correctly and no interference is called for. In the premises we do not find any sub­stance in this appeal. The appeal is, therefore, dismissed. Ed. ...... Judgment:                   Amirul Kabir Chowdhury J. - This appeal by leave arises out of the judgment and order dated 31.07.2000 passed by the High Court Division in Civil Revision No. 664 of 1994 dischar......ny sub­stance in this appeal. The appeal is, therefore, dismissed. Ed. ......on decided the case correctly and no interference is called for. In the premises we do not find any sub­stance in this appeal. The appeal is, therefore, dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 70

Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)

....ty in the impugned orders. The High Court Division, therefore, was not jus­tified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......y A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5 (in all the cases) Civil Appeal Nos. 56-86 of 2005 (From the Judgment and order dated 12,04.2004 passed by the High Court Division in Writ Petition Nos. 4919, 4920, 4921, 49......s absolute. All the appeals are allowed without any order as to costs. Ed. ......o. BAM/OBA-3/ PROSHA-2(JOOPU)/02/380 dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No.4 and communicated to the writ petitioners on 19.09.2002 (Annexure-A) informed them that they have discharged from their employment with..

Category: Labour and Industrial Law | Date: | Hits: 80

Mainul Islam Vs. State and others, 2006, 35 CLC (AD)

....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......      Amirul  Kabir  Chowdhury J.- In Criminal Petition for Leave to Appeal No. 189 of 2003 informant Mainul Islam seeks leave to appeal against the Judgment and order dated 26.11.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No.......oner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......ourt Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazul Karim J Amirul Kabir Chowdhury J Mainul Islam.........Petitioner (In both the Cases) Vs The State & another….....Respondent (In Crimi..

Category: Criminal Law | Date: | Hits: 41

Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)

....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......nbsp;            Amirul Kabir Chowdhury J.- Dula @ Md. Dulal Talukder and another filed this petition for leave to appeal against the judgment and order dated 18.01.2003 passed by a Division Bench of the High Court Division in Criminal Revision N......r extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ...... (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dulal @ Md. Dulal Talukder and another.............Petitioner Vs The State...........................Respondents Judgment May ..

Category: Criminal Law | Date: | Hits: 27