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Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......; Amirul Kabir Chowdhury J. - Convict petitioner Shahabuddin seeks leave to appeal by this petition against the judgment and order dated 28.10.2003 passed by the High Court Division in Criminal Miscellaneous Case No.12022 of......d under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ...... Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shahabuddin ..........Petitioner Vs. The State...............Respondent Judgment November 20, 200..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......sp; Md. Tafazzal Islam J.- This criminal petition for leave to appeal by accused petitioner is against the Judgment and order date 07.05.03 passed by the Single Bench of the High Court Division in Criminal Revision No.......nd no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......resent: K. M. Hasan C J Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Abdul Mannan alias A. Mannan..................................Petitioner Vs Mosammat Nurbanu & another ....................................Respondent..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......bsp; Md. Tafazzal Islam J.- This criminal petition for leave to appeal filed by the accused petitioners is against the Judgment and order dated 26.4.2003 passed by a Division Bench of the High Court Division Criminal Appeal No.1127......vibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......minal) Present: K. M. Hasan C J Mohammad Fazlul Karim J Md. Hamidul Haque J Md.Tafazzul Islam J Samar Uddin and another...........................Petitioner Vs The State……………………&hel..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ssir Husain J. - Criminal appeal Nos. 14, 15 and 16 of 2001 has been filed respectively by convict appellant Farukur Rahman @ Farook, Sazzad Shaheen @ Prince, Miraj Hossain against the judgment and order dated 9th December of 1998 passed by a Division Bench of the High Court Division in Death Re......, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ain to imprisonment for life and all three of them were ordered to pay a fine of Tk. 2, 000/- each. The record was sent to the High Court Division for confirmation of the sentence of death of petitioner Farukur Rahman @ Farook. The High Court Division then by judgment dated 8.12.1998 and 9.12.19..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ...... Judgment: Syed J. R. Mudassir Husain J.- This is an appeal by leave from the judgment and order dated 14-11-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No....... In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......reakfast sent his younger son Raihan to his father in law's house with some used cloths for washing and went to school leaving his eldest son Tauhidur Rahman @ Rubel at home. That at about 12 noon one Atiqur Rahman a co-villager of the informant went to his school and asked him to go back home i..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......sp; Md. Tafazzal Islam J. - Delay of 398 days is condoned. 2. This criminal petition for leave to appeal at the instance of the accused-petitioner is directed against the judgment and order dated 22.6.2002 passed by the High Court Division in Criminal Appeal No. 557 of 1997 dismissi......the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......Appellate Division (Criminal) Present: J. R. Mudassir Husain C J Mohammad Fazlul Karim J Md. Tafazzul Islam J Delip Kumar Shaha.................Petitioners Vs The State……………………&he..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......sp; Amirul Kabir Chowdhury J.- Habibur Rahman alias Habu and six other convict petitioners seek leave to appeal against the judgment and order dated 11.05.2003 passed by the High Court Division in Criminal Appeal No. 1656 of 2000 dismis......of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......l) Present Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Habibur Rahman alias Habu and others......................Petitioner Vs The State..............................Respondents Judgment A..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......bsp; Amirul Kabir Chowdhury J. - This appeal has been preferred by the State against the Judgment and order dated 18.7.1995 passed by a Division Bench of the High Court Division in Criminal Appeal no....... of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ......3/400 hat dur cholia giachilo ebong douraite chilo. Ashamider ami pechon hoite dhaoa kari. Torch light er alote ashamider muhh dekhi nai. Ami ashamider pechon hoite dekhiachilam. Ami ashamider pechone kichudur giachilam. 9. The evidence of P.W 1 therefore, on the fact of it, does not insp..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......of 1996) Judgment: M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 17.05.2001 passed by a Division Bench of the High Court Division in Writ Petition No. 2......sons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......against the judgment and order dated 17.05.2001 passed by a Division Bench of the High Court Division in Writ Petition No. 2992 of 1996 disposing of the Rule with the direction that the writ petitioner shall be deemed to have been made as Professor in the Department of Architecture of the BUET o..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ...... Judgment: M. M. Ruhul Amin J. This appeal by leave is directed against the judgment and order dated 01.04.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 47......reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......aintiff that he (defendant No. 2) earlier on 19.09.1969 executed a sale deed in respect of the same land in favour of the defendant No.1 but the kabala was not acted upon as the consideration money was not paid and this very fact was mentioned in the kabala dated 23.04.1970..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......y to-contest the suit and thereupon set aside the judgment and decree of the trial Court and sent back the case with the observations as stated hereinbefore to the trial Court. As against the order of remand passed by the appellate Court the plaintiff moved the High Court Division in revisi...... appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......e Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra S..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......al No. 244 of 2002 has been preferred at the instance of the writ respondent Nos. 2 and 3, Chairman and Secretary of the Board of Intermediate and Secondary Education, Jessore against Judgment and order dated 24.10.2000 in Writ Petition No. 2467 of 1998 passed by the High Court Division upon ana......cussion made above, the appeals are dismissed without any order of to costs. Ed. .......2000 in Writ Petition No. 2467 of 1998 passed by the High Court Division upon analogous hearing of Writ Petition Nos. 1872 to 1877 of 1998 making the Rules absolute. The Respondents as Writ Petitioners filed aforesaid Writ Petitions challenging memo compelling them to go on leave preparatory to..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....ce 1360 B. S. and as against that from the defendant's side no evidence has been brought on record to show that at the time of preparation of the S. A record and that also when the S. A record was published and thereupon part-V of the State Acquisition and Tenancy Act came into operation in Bari......t the time of diluvion and also after alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......late Division (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Pirojpur and others....................Appellants Vs. Md. Wazed Ali and ot..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......rectness those of. 12. As against the aforesaid submissions of the learned Counsel of the appellant the learned Counsel for the Respondent No.1 submitted that in the leave granting order the real question for determination was correctly set forth i.e. whether there was surrender......it in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ...... then plaintiff is possessing the land on payment of rent to the Government that there is passage over the suit plot No. 837 and the said path has divided the land of plot No. 837 in two parts, in one part .03 decimal of land, that recent revisional record of right has been prepared in respect o..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......p; Amirul Kabir Chowdhury J.- Mohammad Toufique the writ petitioner respondent seeks leave to appeal against the judgment and order dated 08.05.2005 passed by a Division Bench of the High Court Division in Writ Petition No. 4......dy for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ...... Court Appellate Division (Civil) Present: Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J The Chairman, Bangladesh Telephone and Telegraph Board, Telejogajog Bhaban, 37/E, Eskaton Garden Road, P. S: Ramna, Dhaka-1000......Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ement and contended that the suit property was treated by the Government as abandoned property within the meaning of P.O. 16 of 1972. The suit was barred under Articles 14(c), 23 and 24 of the said order. After liberation of the country Abdul Jalil was found absent from the suit property and he w......s interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ecree dated 08.02.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 1608 of 1992 discharging the Rule. 2. Short facts are that the disputed property belonged to one Abdul Jalil who got the same by way of lease from the Government. While possessing the same by ..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....its sale in the open market between a buyer and a seller independent of each other. However where in exercise of power under section 25(7) of the Customs Act, tariff value is fixed by notification published in the official gazette the provision of fixing normal value under section 25(1) as above...... Md. Tafazzul Islam J.- These three appeals by leave filed by the writ respondents are against the judgment and order dated 17.07.2000 passed by the High Court Division in Writ Petition Nos. 3773. 4490 and 4491 ...... others, Writ Petition No. 1495 of 1996; Rahmania Vanaspati Product Ltd Vs Collector of Customs, 4 BLC 85; Sew Bishar Prasad vs. Collector of Customs 54 DLR 173; Collector of Customs Vs Ahmed Hossain, 48 DLR (AD) 199; Khairul Bashar Vs Collector of Customs, 50 DLR 225; 42 DLR (AD) 167; 48 DLR (A......set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......dgment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 12.04.1994 passed by the Administrative Appellate Tribunal, Dhaka in Administrative App......es interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......t Article 9(2) of P.O. No. 27 read with Rule 4 of the Bangladesh Krishi Bank Rules, 1973 authorizes the Managing Director to exercise all powers and do all acts and things which may be exercised / done by the Board. The Board in its meeting No. 61 dated 01.06.1983 having delegated to the Managing..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....that the suit land belonged to Basanta Kumar, Haladhar, defendant No.1 and Bharat Chandra in 8 annas share and Abbari Barmani in 8 annas share. The C.S. record was accordingly prepared and finally published. Basanta Kumar being the eldest brother of the joint Hindu family was the Karta of the sa...... Judgment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 26.01.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 39......s interference by this court. The appeal is allowed without any order as to costs. Ed. ......o show that Basanta was his class friend. The court of appeal below on examination and scrutiny the pattani dakhilas found the same to be of recent origin and those were written by the same hand in one sitting and those were not executed by Basanta and those were created on old papers. The court ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......dgment: M. M. Ruhul Amin J .- This appeal by leave is directed against the judgment and order dated 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellaneous......nd this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... opined that it is well settled that the Court returning the plaint has no power to fix time within which it is to be refiled and so it is to be presumed that for this reason no time limit was mentioned in the impugned order of the trial court. The learned Counsel for the defendant-appellants su..Category: Employment/Service Law | Date: | Hits: 76
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