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State Vs. Md. Amir Hamza, 2004, 33 CLC (AD)
....the discussion made above we do not find any substance in the leave petition. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 26. ...... 3) Md. Moula @ Malu 4) Md Hasan 5) Md Jahangir @ Janu 6) Monsu @ Monzur Ali 7) Md. Shahin 8) Md. Alam 9) Meshbah and 10) Md Javed. The charge‑sheet being accepted the case was sent to the learned Judge. Druto Bichar Tribunal No.4, Dhaka for trial and the trial Court framed charges accordingly ag..Category: Criminal Law | Date: 31 Jul, 2004 | Hits: 115
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ......l No.172 of 1999. Judgment Md. Arayesuddin J. - This appeal at the instance of the defendant has been preferred against the judgment and decree dated 15‑4‑1994 passed by the Subordinate Judge and additional Artha Rin Adalat No.2, Dhaka in Title suit with a direction to execute and regi..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......e was issued calling upon the opposite parties to show cause as to why the impugned Judgment and decree dated 27‑7-1993 decree signed on 31‑5‑1993 passed by the learned Additional District Judge, Thakurgaon in Title Appeal No.19 of 1992 reversing the judgment and decree dated 28‑5‑199..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ......2002. Judgment Md. Abdur Rashid J.- The Chairman, Rajdhani Unnayan Kartripakkha (in short, RAJUK) presented the appeal against the ex parte decree dated 15‑5‑02 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.1 of 1999, which made the award dated 19‑9‑98 Rule o..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ......ion regarding title by adverse possession or per se such claim for opposing eviction by the Deputy Commissioner under section 64(1) and failing thereto is to obtain decision from the learned District Judge under section 64(2) on appeal." 6. Mr. TH Khan, the learned Counsel appearing for the ap..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
......nt
Md. Anwarul Haque J.- This Rule was issued calling upon the opposite party as to why the impugned judgment and order dated 26‑9‑2001 passed by the learned Metropolitan Additional Sessions Judge, 2nd Court, Dhaka in Criminal Appeal No.179 of 2000 affirming the judgment and order of convic..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ......dur Rashid J. - Plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and decree dated 10‑8‑03 passed by the District Judge at Narayanganj in Title Appeal No.09 of 03 reversing those dated 1‑12‑2003 passed by the J..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ......appeal. 2. Short facts are that, one Abdus Salam Chowdhury, the predecessor‑in‑interest of the respondents, instituted Title Suit No. 80 of 1966 in the Court of Subordinate Judge (now Joint District Judge), Rangpur for establishment of title and recovery of khas possessio..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
.... 22. In the background of our discussions made hereinabove as review cannot be granted for merely reexamination of the same argument, the petition for review is dismissed. Ed. ......riminal Appeal No. 2839 of 2000 and Jail Appeal No. 2884 of 2000). The High Court Division upon dismissing the appeals accepted the reference. 3. The reference was made by the learned Judge of the Nari‑o‑Shishu Nirjatan Daman Adalat (the Adalat), Narail upon convicting, ..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ......ppeal against the judgment and decree dated 12‑4‑2004 passed by the High Court Division in Appeal from Original Decree No; 96 of 2002 affirming those dated 26‑11‑2001 of the Joint District Judge and Commercial Court No. 1, Dhaka in Title Suit No. 197 of 2001 decreeing the suit. 2. Th..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Roquib Mohammad Fakrul alias Rocky Vs. Md. Abdul Kashem & ors., 2004, 33 CLC (AD)
.... not find any error of law in the said judgment. For the reasons mentioned above, the appeal appears to be bereft of any sustenance. The appeal is, therefore, dismissed. Ed. ......erring‑ Sessions Case No. 54 of 2003 arising out of Gazaria PS Case No. 10 (8) 1996 dated 15‑81996 under sections 364/302/201/109 of the Penal Code from the Court of Sessions Judge, Munshiganj to the Court of Sessions Judge Dhaka. 2. The respondent ..Category: Criminal Law | Date: 30 Jun, 2004 | Hits: 80
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ...... the Respondents. First Miscellaneous Appeal No.3 of 2004. Judgment Md. Abdur Rashid J.- Defendant No.1 presented the appeal against an order dated 21‑4‑2003 passed by the District Judge at Chittagong in Miscellaneous Case No.27 of 2003, which dismissed the case as not maintainabl..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Rajshahi Development Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....ury, that has been suffered by the writ‑petitioner and is confined to thefacts and circumstances of this case only. The appeal is dismissed without any order as to costs. Ed. ......on. In the case of Abdul Gafur Khan and another vs. Government of Bangladesh and others reported in 42 DLR (AD) 99 which arose out of dispute regarding assessment of compensation in which the learned Judge of the High Court Division fixed the compensation taking the average of the value of the acqui..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515.......nd 3234 of 1997 rejecting the 5 revisional applications summarily. The revisional applications were filed against the judgment and order dated 10.4.1996 of the 1st Court of Additional District Judge, Sylhet, passed in Miscellaneous Appeal Nos. 76, 77, 78, 79 and 80 of 1994 allowing the same u..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ......dur Rashid J.- Defendant No.2 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against an Order dated 14‑5‑03 passed by Additional District Judge. Court No.2 at Pabna in Miscellaneous Appeal No.22 of 2003, which dismissed the appeal as not ..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
....ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
......a Single Bench of the High Court Division dismissing the First Miscellaneous Appeal No. 259 of 2001. The said appeal was filed against the order dated July 15, 2001 of the 1st Court of Joint District Judge, Dhaka passed in Title Suit No. 1 of 2001 granting temporary injunction upon a petition filed ..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Abdul Gaffar Chowdhury............... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Result..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
Govt. of BD rep. by DC Vs. Anwara Huq & ors., 2004, 33 CLC (AD)
....rator has not committed any error of law. In view of the discussions made hereinabove we do not find any merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......he High Court Division in First Miscellaneous Appeal No. 476 of 1991 dismissing the same. The appeal was filed against the judgment and order dated April 4, 1991 passed by the Court of Subordinate Judge (Arbitrator) in Arbitration Case No. 1 of 1987 making award of Taka 37,23,664.41 and thereupo..Category: Property Law | Date: 25 May, 2004 | Hits: 121
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....aid appeal was heard and dismissed on merit, the Civil Petition for Leave to Appeal No. 826 of 1998 shall also stand dismissed without any order as to costs. Ed. This Case is also Reported in: ......actory basis for decision in the majority of cases. But there must be cases in which even his test might break down because judicial opinions also differ and an error which might be considered by one Judge as self evident might not be considered by another. The fact is that what is an error apparent..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
State Vs. Md. Delwar Hossain Faraji, 2004, 33 CLC (HCD)
....lice, Dhaka. iv. Superintendent of Police, Pirojpur. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 264. ......he incident night husband Md. Delwar Hossain Faraji killed was Hasi Begum by way of strangulation. 6. Husband Md. Delwar Hossain Faraji stood charged and stood before learned Additional Sessions Judge, Pirojpur in Sessions Case No.46 of 2000 for offence of sections 302/201 of Penal Code. 7..Category: Criminal Law | Date: 18 May, 2004 | Hits: 3
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