Search Options
Judgment Advanced Search
Displaying 3181-3200 of 4866 results.
Mithu Vs. State, 2009, 38 CLC (AD)
....e facts of the present case. 8. Having considered the submissions of the learned Senior Advocate appearing for the petitioner and the materials on record, we are of the view that this Division rightly dismissed the Criminal Petition for Leave to Appeal and as such we do not find any merit i...... Not Represented-the Respondent. Criminal Review Petition No. 3 of 2009. (From the judgment and order dated 9th November, 2008 passed by this Appellate Division in Criminal Petition for Leave to Appeal No.560 of 2007.) Judgment Md. Muzammel Hossain J.-This criminal...... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ......er Sections 134/448/326/307/302 and 34 of the Penal Code. 4. The prosecution in proof of culpability of the accused persons including the petitioner examined 18 witnesses. On conclusion of trial all accused persons including petitioner were examined under Section 342 of the Code of Crimin..Category: Criminal Law | Date: | Hits: 46
Azam Reza Vs. State, 2010, 39 CLC (AD)
....rities of medical jurisprudence quoted above without any fracture of the skull and injury on the meninges hemorrhage may be occurred on the brain resulting instantaneous death. The haematoma on the right parieto-occipital area and a sub-arachnoid hemorrhage in the right parietal and both frontal l......nstructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In Criminal Petition No.17 of 2009) Not represented- the Respondent (In Criminal Petition No.38 of 2009) Criminal Petition for Leave to Appeal Nos. 17 and 38 of 2009. (From the judgment and order dated 20.07.2008 and 21......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ...... was recorded. Accordingly final report was submitted in the Unnatural Death Case. After investigation of the murder case charge sheet was submitted against the accused, who eventually was put on trial in the Druto Bichar Tribunal No.4, Dhaka, wherein charge under Sections 302 and 201 of the Pen..Category: Criminal Law | Date: | Hits: 100
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
....d she woke up and saw that the accused No.2 pressed a dagger on his throat. At this to protect him she embraced her husband. At that time the accused No.3 dealt a dagger blow on the front side of the right ankle and behind the right knee of her husband and grievously injured him. Then accused No.1 d......nur Rahman J.- This Criminal Appeal by leave granted on 19.08.2008 in Criminal Review Petition No.6 of 2008 is filed against the judgment and order dated 23.07.2007 dismissing the Criminal Petition for Leave to Appeal No.1 of 2005, which arose against the judgment and order dated 07.08.2004 passed...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ..Category: Criminal Law | Date: | Hits: 45
Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)
....rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......ord-For the Petitioners. A.A. Chowdhury, Advocate, instructed by Haridas Paul, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos.1 and 3-4. Civil Petition for Leave to Appeal No. 286 of 2009. (From the judgment and order dated 17.12.2008 passed by ......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ..Category: Property Law | Date: | Hits: 23
Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and others, 2009, 38 CLC (AD)
....ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ...... Lawyers Involved: Khondaker Saiful Huque, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1194 of 2009. (From the Judgment and order dated 18.03.2009 passed b......ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ..Category: Property Law | Date: | Hits: 21
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......spondents Judgment February 15, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 209 of 2009. (From the judgment and order dated 18.5.2008 passed by t......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......e of his illiteracy created a collusive deed. As a matter of fact, he executed a deed of mortgage at a consideration of Tk. 25,000/-. The suit is, therefore, liable to be dismissed. 4. The trial court on consideration of the evidence on record by judgment and order dated 26th February, 20..Category: Property Law | Date: | Hits: 17
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......instructed by Zahirul Islam, Advocate-on-Record-For the Petitioners. A. B. M. Baizid, Advocate, instructed by Syed Mahbubur Rahamn, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 444 of 2009. (From the judgment and order dated 26.11.2008 passed by ......nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ..Category: Civil Law | Date: | Hits: 85
Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....of the plaintiff, in brief, are that admittedly the land described in schedule-I to the plaint belonged to Nolini Kumar Dey and the land described in Schedule-II belonged to Jogendra Lal in raiyati right. Nolini sold the lands described in schedule-I to Moni Bala Dey by a kabala dated 20.06.1947 w......rd-For the Petitioner. Subrata Chowdhury, Advocate, instructed by A. K. M. Shahirul Huq, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented- Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 1422 of 2009. (From the judgment and order dated 24.02.2008 passed by the......ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ...... the entire suit land. Thereafter, he by a kabala registered on 24.10.1972, transferred the suit land to Surja Kumar, the father of the defendant No.2 and he is in possession of the same. 6. The trial Court by its judgment and decree dated 16.10.2003 found that the kabalas executed registered b..Category: Limitation Law | Date: | Hits: 181
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
....ing to M.R.R. khatian Nos. 729 and 204 to the respondent No.1 at a consideration of Tk. 20,000/- by registered deed dated 3rd September, 1988. The respondents with a malafide motive to defeat the right of preemption mentioned the deeds as deeds of exchange but in fact by these deeds the responde......or the Petitioner. M. A. Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on record-For the Respondent No. 1. Not represented-For respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1442 of 2008. (From the Judgment and Order dated 21st May, 2008 passe...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......lear as to in which portion of plot No.2261 the pre-emptor is in possession and that he has not specifically mentioned in the pre-emption petition in support of the claim as contiguous owner. The trial Court also found that the pre-emptor is not a contiguous owner of the lands transferred. In th..Category: Property Law | Date: | Hits: 33
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....an, Abdul Kader and Mohsin Reza. Some other plaintiffs also sold some lands to other plaintiffs and in this way they have been in possession by way of inheritance and purchase. The defendants have no right title and interest in the suit lands. During the last settlement operation the record was in......Uddin Ahmed, Advocate-on-Record- For the Petitioner. Mazibur Rahman, Advocate-on Record-For respondent Nos. 1 & 2. Not represented- For respondent Nos. 3-57. Civil Petition for Leave to Appeal No.2011 of 2009. (From the Judgment and Decree dated 16th August, 2009 pa......the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......le Bench of the High Court Division by judgment and order dated 16th August, 2009 made the rule absolute by setting aside those of the Court of appeal below and restored the judgment and order of the trial Court. 5. Mr. Mahbubey Alam, learned counsel appearing for the petitioners contended th..Category: Property Law | Date: | Hits: 25
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
.... that the suit is barred by limitation and that the suit plot no. 638 and 639 along with non suited plot no. 643 measuring an area of .39 decimals of land belonged to Samena Bibi and her name was rightly recorded in C.S. Khatian. Samena Khatun subsequently defaulted to pay rents and the Talukder......owdhury, Advocate-on-Record-For the Petitioner. Mazibur Rahaman, Advocate-on-Record-For Respondents Nos. 1-4 and 7. Not represented- Respondent Nos. 5, 6 and 8-23. Civil Petition for Leave to Appeal No. 1431 of 2009. (From the judgment and order dated 11.05.09 passed by t...... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......earned District Judge, Brahmanbaria, and that the 1st Court of the Additional District Judge, Brahmanbaria by judgment and decree dated 23.7.2002 dismissed the appeal and affirmed the decision of the trial Court. 6. Being aggrieved thereby the plaintiff as petitioner moved the High Court Divi..Category: Property Law | Date: | Hits: 43
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ntested the miscellaneous case contending inter alia that the case land was sold in her favour and that neither the pre-emptor nor his mother is a co-sharer in the case land, as such, he has got no right to pre-empt the case land. 3. During the pendency of the pre-emption case, the pre-empt...... Court, in Miscellaneous Appeal No. 134 of 1999, allowing the same and reversing the judgment and order dated 20.5.1999, passed by the Senior Assistant Judge, First Court, Dhaka, rejecting the prayer for pre-emption in Pre-emption Miscellaneous Case No.80 of 1991. 2. The facts in short are th......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ision No. 2116 of 1993, previously filed by the pre-emptee-respondent, was also discharged by an order dated 19.6.1996. Thereafter, the Pre-emption Miscellaneous Case No. 80 of 1991, proceeded in the trial Court and after a contested hearing the said case was dismissed by the trial Court by its judg..Category: Property Law | Date: | Hits: 27
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....ve proceeded in holding that the sanction was obtained after lapse of 60 days. 6. Mr. T. H. Khan, learned Counsel, appearing for the respondent Nos. 2-3 submitted that the High Court Division held rightly that the respondents could not be prosecuted without sanction of the Government and in this ...... the Rule. 2. The prosecution case, in short, is that the appellant as complainant filed a petition of complaint against the accused-persons alleging, inter alia, that they committed an offence of forgery, interpolation, wrongful gain and criminal misconduct. The learned Senior Special Judge, Sun......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......m the writing to the Government for sanction for prosecution. 5. Mr. Mansur Habib, learned Advocate, appearing for the petitioner submitted that the High Court Division failed to consider that the trial Court directed to issue letter for sanction for prosecution of the accused public servants and..Category: Criminal Law | Date: | Hits: 46
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
.... 3 or section 43(2) of the Act but before the coming into force of part V of the Act, they are also, we have noticed above, beyond the scope of subsections (1) and (2) of section 87 and as such the rights which accrued to the riparian owner in respect of such accretions have not been affected in a......5. Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 536 of 2008. (From the judgment and order dated 13.11.2007 passed by ......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: 15 MLR (AD) (2010) 99. ...... suit land having accreted from recess of the river as addition to the khas land of the previous landlord the plaintiff created some forged deeds and filed the instant suit to grab the suit land. The trial Court after hearing, by judgment and decree dated 30.10.1991 decreed the suit. The defendant t..Category: Property Law | Date: | Hits: 24
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....the post of MLSS is not yet sanctioned finally by the Secretary Committee. The claim of the petitioners to get absorb in the post of MLSS is without lawful basis and therefore, stands to be cancelled right way. The conditions No. 2 of the contract letter they were not employees of Central Chemical L......stitution upon which instant Rule Nisi was issued calling upon the respondents should not be directed to absorb the petitioners in the revenue budget as per the terms and conditions of the Project Proforma, Appointment letters and recommendation of the respondent No.2. 2. The petitioner’s c......itiated the project namely “Establishment of two storied central chemical laboratory in Narcotics and Liquor Complex compound at 174, Distillery road, Gandaria, Dhaka showing the Ministry of Home affairs as the sponsoring Ministry and the department of Narcotics Control and the Public Works Depart......ions of the Project Proforma, Appointment letters and recommendation of the respondent No.2. 2. The petitioner’s case in short is that Narcotics Control Department to ensure proper and quick trial of drug cases needs a chemical laboratory. Thereafter the government initiated the project nam..Category: Employment/Service Law | Date: | Hits: 106
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
....t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......cate, instructed by Mr. Mahbubar Rahman, Advocate-On-Record-For the Respondent No. 1 (In all the petitions) Not Represented- Respondent No. 2 (In all the petitions). Criminal Petition for Leave to Appeal No. 262-264 of 2009 (From the judgment and order dated 26.02.2009 passed ......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......y land and the convict-appellant-respondent No.1-Akter Hossain @ Khokan is a crippled man and he fell down before the alleged occurrence and also was under treatment in the hospital. 5. At the trial prosecution examined 20 witnesses whereas the defense examined 12 witnesses. 6. Mr. Naz..Category: Others | Date: | Hits: 66
Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)
....rroborated the testimony of P.W.1. It further appears that the evidence of P.W.10 Dr. Khairul Khabir also supports the ocular evidence of P.Ws. 11. In such view of the matter the trial court rightly found the petitioner guilty and sentenced him as aforesaid. The High Court Division also con......Involved: Md. Munsurul Hoque Chowdhury, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.06 of 2009. (From the judgment and order dated 19.02.2008 passed by th......volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......he Penal Code. 4. The case record was sent to the court of the learned Sessions Judge, Nobabganj who transferred it to the court of the learned Additional Sessions Judge, Nobabgonj for holding trial. 5. The trial Court framed charges against the accused persons under Sections 147/148/1..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....ding the accused appellants being armed with pipegun, ramdao, holong kirish, rod etc. came by a trawler and illegally entered into the house of Mofiz and accused Elas Bepari dealt holonga blow on the right chest wall adjacent to the right shoulder of Aslam which caused grievous bleeding injury. Accu......………...Petitioner Vs. Md. Shahid Bepari @ Shahidullah and others…………....Respondents Judgment November 23, 2009. Result: The petition for leave to appeal is dismissed. Lawyers Involved: A. K. M. Zahirul Huq, Addition......nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ......t against the accused persons under Sections 147/148/447/4487 323/379/380/114/302 of the Penal Code. 4. Thereafter the case was sent to the Court of learned Sessions Judge, Kishoregonj for trial which was registered as Sessions Case No.23 of 2001 and the learned Sessions Judge transferred..Category: Criminal Law | Date: | Hits: 294
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......afique-Ul Huq, Senior Advocate (Ahsanul Karim, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No.2. Criminal Petition for Leave to Appeal No. 160 of 2009. (From order dated 14.01.2009 passed by the High Court Di......ed the impugned Memo No. Dudok/10-2007 (anu-2)/3703 under Section 26(1) of the Anti-Corruption Commission Act, 2004 to Mr. Md. Shajahan Omar, former State Minister of Law, Justice and Parliamentary Affairs of the immediate past Government demanding submission of the statements of all immovable and......ts in the Wealth Statement and got those assets by illegal means, The ACC case was transferred to the Special Judge Court No.9, Dhaka as Special Case No. 10 of 2008. 9. After completion of the trial on 14.05.2008 the Special Judge Court No.9, Dhaka convicted the respondent in the Special Case..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......Record-For the Petitioner. Rafique-ul Huq, Senior Advocate (Ahsanul Karim, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 70 of 2009. (From order dated 15.02.2009 passed by the High Court Div......nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......t and transferred the case for disposal by the Court of Metropolitan Senior Special Judge, Dhaka ultimately, the said case was transferred to the Court of Special Judge, Court No.3, Dhaka for holding trial. 9. During the course of trial, the Court of Special Judge, Court No. 3 Dhaka examine..Category: Others | Date: | Hits: 98
36553654365236503649364736463643364136403639363636333632362836253624362336223620