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Momtaz Begum Vs. Md. Anwar Hossain, 2007, 36 CLC (AD)
....e committee; that after the liberaÂtion of Bangladesh, father of the accused petitioner with his family members took shelter in his house; that the accused-petitioner then tried to cause harm to the society through her youthfulness and beauty and gave him proposal to marry her; that the father of t......above, we find no subÂstances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 427 ......e learned Sessions Judge observed in his judgment that the falsity of allegations cannot be adjudged at the time of framÂing charge and he has further observed that it will be decided at the time of trial. It is true thai falsity of allegations cannot be adjudged at the time of framing charge and t......egum................................Accused-Petitioner Vs. Md. Anwar Hossain............................Respondent Judgment November 28, 2007. Cases Referred to- Ajit Kumar Pramanik and others Vs. Bakul Rani Pramanik and others, 46 DLR 169; Abul Bashar Howlder Vs. The State and ano..Category: Criminal Law | Date: | Hits: 165
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....vention of Corruption Act, 1947 passed by the Court of Divisional Special Judge, Chittagong dated 26-09-1999 in Special Case No.52 of 1994. 2. The appellant was sentenced to sufÂfer rigorous imprisonment for a period of 2 years and to pay a fine of Tk. 6,00000/- (Six lac), in default of payÂmen...... bail. In view of such facts and circumstances of the case, this Division found that the appellant being an absconder is not entitled to challenge the finding of the trial Court on facts. It may be recalled here that this fact was raised before the High Court Division and the learned Judge of the Hi...... alia, that there appears to be an error in the judgment of this court on the face of the record inasmuch as the finding of this Division in the impugned judgment that "the appellant did not face the trial and as such cannot now challenge the finding of the trial court on facts" needs to reviewed by...... Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant. Ferozur Rahman, Advocate-on-Record- For the Respondent. Criminal Appeal No.34 of 2006. From the judgment and order dated 17-11-2002 passed by the High Court Division in Criminal Appeal No.2463 of 1999) ..Category: Criminal Law | Date: | Hits: 89
Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....trial Court found that the plaintiff could not prove his title and possession in the suit land. The finding of the trial Court was affirmed by the lower appellate Court. The lower appelÂlate Court also found that the plaintiff could not prove the case pattan and possession and on consideration the ......acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......t contain the description of the property sufficient to identify the suit land and declaration of title cannot be passed in respect of vague and unspecÂified land. Apart from this material find, the trial Court found that the plaintiff could not prove his title and possession in the suit land. The ......vision (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Abdul Alim Akondo..........................................Petitioner Vs. Government of Bangladesh and others ..............Respondents Judgment April 8, 2009. Case Referred to- Abdur Rah..Category: Property Law | Date: | Hits: 61
Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)
.... Ali died giving the suit premises to the opposite parties by a wasiyatnama. The opposite parties received rent upto 31s'1 May, 1994 and they demanded rent at the rate of Tk.20, 000/- per month and also threatened to evict them. The petitioners then remitted the monthly rent on 04.07.1994 by post an......ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......ieved the petitioners then filed Miscellaneous (Rent Control) Appeal No.08 of 1996 and the appellate court by its judgment and order dated 13.09.1997 rejected the said appeal and affirmed that of the trial court. 5. As against the judgment of the appeal late court the petitioner moved the High Co......: 16 MLR (AD) (2010) 415. ..Category: Property Law | Date: | Hits: 58
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....ontract on the averments that defendant No.1/petitioner, on accepting Tk.21, 000.00 from her as earnest money, agreed to sell the suit land to her at a price of Tk.35, 000.00 and the defendant No.1 also executed a bainapatra on 03.05.1994 and though she requested the defendant No.1 to execute the sa......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146.......am read out certain orders though not annexed with the revisional application which show that on a particular date the defendant No.1 was present in court with five witnesses but on the said date the trial court was busy in deciding an election matter and postponed the hearing of the suit to a next ......ision (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J Surendra Kumar Sinha J Sheikh Hassan.............................................Petitioner Vs. Mst. Shiriya Begum and another....................Respondents Judgment August 18, 2009. Lawyers involved: M..Category: Property Law | Date: | Hits: 54
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
....by the learned Assistant Judge, Kalihati, Tangail in Title Suit No.58 of 1989 decreeing the suit. 2. The petitioners instituted the above suit for declaration of their title in the suit land and also for recovery of khas possession on the averments that the suit land, along with other lands, orig......ier than that of the plaintiffs. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ......orted in: 16 MLR (AD) (2010) 134. ..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....t Mohammad Fazlul Karim J. - This Appeal, by leave, is directed against the judgment and order dated 03.04.2002 passed by the High Court Division in Civil Revision No.830 of 1999 making the Rule absolute-in-part thereby sending the suit on remand setting aside the judgment and decree dated 14.02.......ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......rue statement. 4. The Assistant Judge, Borhanduddin Upazila heard arguments from both the sides, discussed the evidence and believed that the plaintiffs have been able to prove their case. So, the trial Court decreed the suit for eviction of defendant Nos.1 and 2 from the suit property and for kh......upreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Mostafa Kamal........................................Appellant Vs. Md. Nasir Ahmed and others..................Respondents Judgment May 27, 2008. Case Referred to- 31 DLR ..Category: Property Law | Date: | Hits: 64
National Bank Limited Vs. New Sonali Garments (PriÂvate) Ltd. & Others, 1993, 22 CLC (HCD)
....y an Artha Rin Adalat which is a Special Civil Court. (Artha Rin) Adalat Act has specifically provided for an appeal against the judgment and decree passed by the Artha Rin Adalat in a suit. It has also provided for a remedy under Order 9, rule 13 CPC against an ex parte decree. The special law has ......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......n‑opposition for rejecting the Memorandum of Cross‑objection filed by Md. Zahirul Islam defendant No.9. 7. Since all these matters have arisen out of the same judgment and decree passed by the trial Court they are taken up together for disposal. The questions involved are (1) whether a Crossâ......th M Hasan, Advocates ‑ For the Opposite Party Appellants. Ozair Farooq, Advocate ‑ For the Defendant‑Appellant. Appeal from Original Decree No.771 of 1991. with FAT No.369 of 1991 and Cross‑objection Case No.735 of 1991. Judgment ARM Amirul Islam Chowdhury J.- This appeal..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....Petitioners Vs. Md. Enayetur Rahman and others …….........................Respondents Judgment February 28, 2011. Cases Referred to- State of Goa and others Vs. A.M. Jaffar and sons, (1996) 7 SSC 79; S.S. Jain Samiti Vs. Management Committee R.J.I. College Agra, AIR 1996 (SC) ......vision that the materials on record do not disclose any offence against the importer, seller or buyer of the vehicle are based on non-application of judicial mind. What’s more, those findings are uncalled for, since the importer and the seller are not before the High Court Division. In view of the......t recomÂmending for prosecution of the writ petitioner, Harun-or-Rashid and one Mustak Ahmed. 4. The case record was ultimately transÂmitted to the learned Senior Metropolitan Special Judge for trial and the learned Special Judge, 4th Court, Dhaka to whom the Case was transferred for trial, fr...... J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission repreÂsented by it's Chairman, Head Office-1, Segunbagicha, Dhaka and another ..................................................Petitioners Vs. Md. Enayetur Rah..Category: Anti-Corruption Laws | Date: | Hits: 214
....t sustainable in law. He further submits that the vessel, after discharging the entire consignment of the tallow in bulk, was checked by the parties concerned and a dry tank certificate was issued as soon as the entire amount of cargo of tallow in bulk was discharged by the vessel 'MX Botany Trojan'......ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......as carried out according to which quantity of 1007.278 metric tons of tallow in bulk was ascertained on board the vessel and the question of any short delivery from the vessel cannot arise.
5. The trial Court decreed the suit.
6. Being aggrieved thereby, the defendÂants preferred appeal befor......Case is also Reported in: 16 BLC (2011) 909. ..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....lassified as non-agricultural land, because it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......ed that they came to know about the sale for the first time on August 20, 1970. The application was resisted by the pre-emptees (purchasers) on the ground of limitation and maintainability. 3. The trial court allowed pre-emption but the lower appellate court dismissed it on the findings that the ...... This Case is also Reported in: 19 BLT (AD) (2011) 238. ..Category: Property Law | Date: | Hits: 76
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
.... modification of the sentence in respect of imposing fine and upholding the judgment and order of conviction and sentence dated 20.8.1998 passed by the learned Judge, Special Tribunal, Court No.3, Jessore in Special Tribunal Case No.5 of 1998 corresponding to G.R. No.158 of 1987 convicting the appel......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......es and defence examined none in this case. 5. The defence plea is that the accused is innocent and has been falsely implicated in this case and no arms was recovered from his possession. 6. The trial Court without proper appreciation of the evidence on record and misconception of the relevant ...... Advocate-on-Record-For the Appellant. None represented- the Respondent. Criminal Appeal No.11 of 2006. Judgment Md. Shamsul Huda J.- This criminal appeal is directed against the judgment and order dated 14.1.2004 passed by the High Court Division in Criminal Appeal No. 2114 of 1998 dism..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....2004 in part in respect to respondent No.1 and dismissing those respect to the respondent No.2 and acquitting the respondent No.1 and commuting the death sentence of the respondent No. 2 to that imprisonment for life. 2. The prosecution case, in brief, is that on 29.8.2002 Dr. Md. A. Huq Molla, t......and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......cence and false implication out of enmity and grudge. During the prosecution examined 25 witnesses including the I.O. and the defence examined none. The learned Session Judge, after conclusion of the trial, convicted the respondents and other accuseds under section 302/34 of the Penal Code and sente......CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State……………………………………………………………….Petitioner Vs. Azharul Islam alias Badal and another………………...Respondents Judgment March 15, 2009. Lawyers Involved: S..Category: Criminal Law | Date: | Hits: 56
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
.... Fazlul Karim J. - This petition for Leave to Appeal is directed against the judgment and order dated 04.03.2008 passed by the High Court Division in Civil Revision No. 3425 of 2007 making the Rule absolute setting aside the judgment and order dated 10.06.2007 passed by the Joint District Judge, 2nd......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ...... 4. Mr. Mihir Kanti Majumder, learned Advocate, appearing for the petitioner submitted that the High Court Division fell into an error of law in making the Rule absolute ignoring the fact that the trial Court considering all the relevant facts and materials rejected the Commissioner's report to p...... Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Sree Chinmoy Chowdhury………………………………………...Petitioner Vs. Sree Mridul Chowdhury and others…………………………...Respondents Judgment March 1, 2009. Lawyers Invo..Category: Property Law | Date: | Hits: 93
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....already been proved by the P.W.'s; that the finding of the trial Court disbelieving the evidence on record without assessing and judicially considering the evidence on record acquitted the accused persons on presumption and surmise; that the High Court Division without discussing the evidence of the......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135.......lice after investigation submitted charge sheet against the respondents under Sections 364/406/420 of the Penal Code. The case record was eventually sent to the learned Sessions Judge, Mymensingh for trial. The Assistant Judge took up the case for trial and framed charge against the respondents unde......Fazlul Karim J Md. Taffazul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Arshed……………………………………………………..Petitioner Vs. Akbar Hossain Pathan and others…………………Respondents Judgment August 4, 2008. Lawyers Involved: Md..Category: Criminal Law | Date: | Hits: 75
Amulla Kumar Bairagi and others Vs. Chitta Ranjan Biswas and others, 2002, 31 CLC (AD)
....dgment KM Hasan J.- The petitioners seek eave to appeal against the judgment dated 25.3.1999 passed by a Single Bench of the Hugh Court Division in Civil Revision No.1702 of 1994 making the rule absolute. 2. The facts, in short, are that Loknath Bairagi, father of the present petitioner Nos.1 ......ate court has passed a decree over unspecified and undemarcated suit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ...... respectively. Against which the plaintiff-petitioners filed Title Appeal No.65 of 1989 before the learned District Judge, Bagerhat which was allowed and the judgment and decree passed by the learned trial court in Title Suit No.194 of 1985 was set aside. Defendant No.1 respondent being aggrieved an...... Case is also Reported in: 19 BLT (AD) (2011) 118. ..Category: Property Law | Date: | Hits: 69
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....hich is Title Suit No.51 of 2004 was filed by MA Hashem on 8-2-2004 for Specific PerforÂmance of a Contract against Shamsul Kabir Humayun Reza second one, Title Suit No.176 of 2004 was filed by a person claiming to be Shamsul Kabir Humayun Reza for a direction upon RAJUK to issue sale permission an......mendÂment but the plaintiff did not amend the plaint showing that he still claims with original defendant No.1 i.e. Shamsul Kabir Humayun Reza of Mirpur. Thereby it can safely be conÂcluded that so called bainanama or agreement for sale was entered into by plaintiff with the person whom the plaint......ode on Courts of original jurisdiction in respect of suits instiÂtuted therein and since depositions and exhiÂbits before my hand as such, I can dispose of the suits without sending the same to the trial Court for remand. It is also to be noted here that in three suits, 4 (four) sets of apparently......ppellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J MA Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejha..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....iction) Present: Md. Abu Tariq J M Enayetur Rahim J State.............................................Appellant Vs. Shahin and others..…………………………….Condemned-Prisoners Judgment November 2, 2010. Cases Referred to- Sk Shamsur Rahman alias Shamsu Vs. ......h the reference may be accepted. 9. Mr. Fazlul Haque Khan Farid, learned Advocate appearing for condemned-prisoner Lebu Miah in Criminal Appeal No. 4580 of 2005 submits that save and accept the so called dying declaration allegedly to have been made by victim Biplob there is no other direct or ci......Shamsul Haque, being the investigating officer after investigation submitÂted charge sheet under sections 364/302/34 of the Penal Code against all the condemned prisoners. 4. Case being ready for trial the condemÂned prisoners were put on trial before the learned Additional Sessions Judge, Mani......Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abu Tariq J M Enayetur Rahim J State.............................................Appellant Vs. Shahin and others..…………………………….Condemned-Prisoners Judgment November 2, 2010. ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
.... 2 as plaintiffs filed Title Suit No.27 of 1977 in the 1st Court of Subordinate Judge, Dhaka on the 26th, of January, 1977 against appellant Nos. 1‑6 as principal defendant Nos. 1 to 6 impleading also appellant No.7 and respondent Nos. 3‑6 as pro forma defendant Nos. 7 to 11 in the suit. 3. T......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......ide of suit CS Plot No.313 is contrary to the recital of the said document and the oral evidence adduced by the defendants contrary to die said recital cannot be relied on and rightly rejected by the trial Court. To reconcile the said contradiction defendants at the trial adduced evidence contrary t......is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....nd order dated 13th May, 2003 of a Single Bench of the High Court Division in Civil Revision No.6768 of 2001. 2. Short facts relevant for the disposal of the appeal are that one Ghana Mia, predecessor-in-interest of the appellants, instituted Title Suit No.53 of 1990 in the Second Court of Subord......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......laimed that the plaintiff sold 05 decimals of land for valuable consideration and that the pursuant to the deed he delivered possession of the suit land. The suit is liable to be dismissed. 4. The trial Court dismissed the suit. On appeal by the plaintiff being Title Appeal No.97 of 1996, the lea......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Shamsunnahar and Others……………………Appellants Vs. Abdul Mannan and Others…………………..Category: Property Law | Date: | Hits: 49
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