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State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ...... and (b) of the Special Power Act, 1974, Since the petitioner and others were arrested from a place within Bangladesh which is far away from the boarder of the country and found no prima facie evidence on record that the petitioner tendered the money in question for taking it to any foreign ..Category: Criminal Law | Date: | Hits: 37
Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)
....tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......nant and there was bitter enmity between the victim and the complainant and as such it is required that there should be some corroboration by disinterested witnesses. There is no corroborative evidence in the present case to generate confidence upon which the conviction can reasonably be ba..Category: Criminal Law | Date: | Hits: 38
Misir Ali and another Vs. State, 2007, 36 CLC (AD)
....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......ce by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......xamined as many as 8 RWs. to prove the offence alleged to have been committed by the convict appellants. The learned Judge of the Special Tribunal No.1 Habiganj after due consideration of the evidence of the P.Ws. and the facts and circumstances of the case convicted and sentenced the convi..Category: Criminal Law | Date: | Hits: 36
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......of conviction and sentence and acquitted the respondents. 3. The learned Deputy Attorney General appearing on behalf of the State submits that the High Court Division without discussing the evidence on record as required under law in a very slip shod manner set aside the order of convicti..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ...... Md. Tafazzul Islam J Md. Hassan Ameen J Md. Habibur Rahman Islam……………………...Petitioner Vs. The Secretary, Ministry of Local Government and Rural Development, Government of Bangladesh, Bangladesh Secretariat......(AD) 80 it has been held that the dispute regarding variation of population cannot be resolved in a writ petition under Article 102 of the Constitution as it requires adjudication on facts on evidence. 5. Accordingly we are of the view that the High Court Division on proper considera..Category: Property Law | Date: | Hits: 21
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......s to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......ision and obtained rule. Subsequently the High Court Division made the rule absolute concurring with the finding of the learned Munsif that the defendants produced no documentary or oral evidence in respect of the money decree dated 8.1.1923 obtained in the money suit filed by Karam Sh..Category: Property Law | Date: | Hits: 25
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ...... Ameen J Raghunath Sarker. .............Appellant Vs Ramnath Sarker ...............Respondent Judgment July 1, 2008. Lawyers Involved: Alhaj Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. ......d that the plaintiff was notified a decision as regards limitation and acquiescence could have been taken. It is further found by the Additional District Judge, that the very important and primary evidence as regard limitation, plaintiffs knowledge and bonafide of the signature of Haridas (fathe..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 229. ...... dismissed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......bdur Razzak, the learned Counsel for the respondent Nos.1 and 3 and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that from the evidence on record it is clear that defendant Abdul Haque resided in the suit land for over 35 year..Category: Property Law | Date: | Hits: 23
Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......I ADC (2009) 223. ......-registry Office and further the plaintiff had failed to produce any document at the trial to show that the land included in the kabala belonged to Arun Chandra Shil nor any evidence is available on recorded to show that the said land belonged to ..Category: Property Law | Date: | Hits: 22
Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)
....irst Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......rection that the suit should be disposed of after giving adequate opportunities to the parties. 3. Leave was granted on the submissions that the suit having been dismissed upon taking evidence and the High Court Division having not found that for complete adjudication of the di..Category: Civil Law | Date: | Hits: 107
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......This Case is also Reported in: VI ADC (2009) 217. ......tiff and as such the document is a forged one. The High Court Division further held that the judgment of the Court of appeal is based on gross misreading and non-consideration of the material evidence on record and also on misconception of law. As a result there has been miscarriage of jus&..Category: Property Law | Date: | Hits: 20
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......re with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 212. ......im as party. The aforesaid decree is not binding upon him and the instant suit is liable to be dismissed in favour of defendant No.1. 4. The trial Court after considering both oral and documentary evidence on record dismissed the suit by a judgment and decree dated 30.08.1994. The plaintiff there..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......e petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 209, 16 MLR (AD) (2011) 413. ......93 is also false, fraudulent and fabricated and the plaintiff is not in exclusive possession of the suit land. Hence the suit is liable to be dismissed. 4. The trial court on consideration of the evidence and materials on record decreed the suit by judgment and decree dated 20.7.2003 restraining..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ...... are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......e within four months of the date of knowledge of the transfer, but the court of appeal made out a case of waiver and acquiescence from the so called attending circumstances without reference to any evidence that the pre-emptor participated in the talk of sale or consented to the transfer. ..Category: Property Law | Date: | Hits: 25
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
....ubstances in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 193. ......also Reported in: VI ADC (2009) 193. ......n petitioners claimed the suit land as their ancestral properties as well as vide some Registered and settlement deeds which clearly exhibited and proved by the plaintiff by giving proper evidence; that after perusing the deeds filed by the plaintiff it is crystal clear that by way of 5..Category: Property Law | Date: | Hits: 21
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ...... Ed. This Case is also Reported in: VI ADC (2009) 186. ......on 115(1) of the Code of Civil Procedure and in not interfering with the judgment and decree of reversal as passed by the appellate Court below based on misreading and non-consideration of the evidence on record, particularly, the pieces of documentary evidence, contained in the records..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....erit in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......ve petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 181. ......nt No.1 submitted that the learned Subordinate Judge and Artha Rin Adalat committed a grave error of law in decreeing the suit partially though the appellant has proved the case by sufficient evidence both oral and documentary and, as such, the appellant is legally entitled to get a decree ..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....sfied that there is no substance in them. The appeal is, therefore, dismissed. The parties are directed to bear their own costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 13. ......: 25 DLR (SC) (1973) 13. ......stodian and the Custodian dated the 8th April, 1958 and the 3rd July, 1958 respectively. While granting permission the learned Additional Custodian observed as under:— "There is satisfactory evidence on record that the Appellant has already paid Rs. 16000/- to her brother who had agreed to ..Category: Property Law | Date: | Hits: 28
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......is petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ......sion. There has been no failure of justice so as to call for interference by this Court. 23. Order under Section 146 could have been passed only after being satisfied on evidence in the proceeding under Section 145 of the Code of Criminal Procedure that neither party c..Category: Criminal Law | Date: | Hits: 32
State Vs. Md. Rafique, 2007, 36 CLC (AD)
....at the submissions of the learned Advocate for the petitioner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ......oner have got no merit. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 177. ...... materials available on record. The charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried. 5. The learned trial Court, in consideration of evidence on record as well as facts and circumstance of the case, found the accused respondent guil..Category: Criminal Law | Date: | Hits: 22
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