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Md. Shamser Ali another Vs. Md. Shahajahan Ali and others, 2009, 38 CLC (AD)
....rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ......ondents Judgment November 19, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.821 of 2009. (From the judgment and order dated 21.08.2008 passed by ......rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ......f the High Court Division and other papers on record. 5. It appears that in a suit instituted in 1996 a similar prayer for substitution of the written statement was filed and rejected by the trial court on 3rd October, 2002 which was affirmed by the High Court Division. Again a similar pray..Category: Procedural Law | Date: | Hits: 92
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......rd-For the Petitioners. Harunur Rashid, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos.2-25. Civil Petition for Leave to Appeal No. 206 of 2009. (From the Judgment and order dated 10.03.2008 passed by ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......on claiming a saham for 4.03 acres out of the suit-land. The suit was contested by the defendant Nos.1, 4, 5 and 2, 10 to 13 by filing separate set of written statements. 3. After hearing, the trial Court decreed the suit in part, allowing a saham of 3.38 acres in favour of the plaintiff. ..Category: Property Law | Date: | Hits: 19
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......pondents 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. 123 of 2009. From the judgment and order dated 52.5.2008 passed by th......-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......ended that the learned Judge of the High Court Division had committed error of law in awarding cost of Tk. 20,000/- which is harsh and excessive and the same is liable to be exonerated. 6. The trial court while passing decree made the following order: “সুত্রে এবং ..Category: Property Law | Date: | Hits: 18
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....spondents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......n, Senior Advocate, Instructed by Mohd. Nawab Ali, Advocate-on-Record-For the Petitioner. Shamsuddin Bulbul, Advocate, Ibrahim Khalil, Advocate-on- Record-For Respondent. Civil Petition for Leave to Appeal No. 1797 of 2009. (From the judgment and order dated 18.3.2009 passed by ......spondents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......rtgage and as such the suit in its present form is not maintainable and the plaintiff is not entitled to get any declaration of title and recovery of khas possession of the suit land. 4. The trial court upon taking evidence and on hearing both the parties decreed the suit. Being aggrieved..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
.... and building to his wife. Defendant No.7 by registered deed of gift dated 22.02.1998 and inducted wife defendant No.7 in possession of gifted land and the building standing thereon. Plaintiff got no right, title, interest and possession on the gifted land and the building which had been gifted to h......-For the Petitioner. Not represented- the Respondents. Civil Review Petition No. 8 of 2009. (From the judgment dated 02.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1928 of 2007.) Judgment Md. Abdul Matin J.- This review petit......ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......e examined in proof of the case set forth by plaintiff and two (2) witnesses stood on witness box to lend assurance to the case tabled by defendant No.7. 5. Learned Joint District Judge as trial Judge took up issue Nos.1 and 3 together and decided those issues in favour of plaintiff. Lear..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....73 (hereinafter referred to as the said Order). Moreover, there is no criminal proceeding pending against the respondent No.1 Further, the actions of the petitioner are violative of the fundamental rights guaranteed under Articles 31,36and 41 of the Constitution. Hence, the respondent No.1 has f......cord-For the Petitioner. Abdur Razzak, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1652 of 2009. (From the judgment and order dated 12.08.2009 passed by the...... MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka. ........Petitioner Vs Allama Delawar Hossain Saye......p; learned Attorney General in his long submissions has not been able to cite a single law on the basis of which the respondent No.1 is being restricted from leaving the country and the fact that the trial of war criminals is about to start and that the respondent No.1 is likely to be put on trial f..Category: Others | Date: | Hits: 115
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....hat the plaintiff was given possession in kha schedule land but thereafter the plaintiff was dispossessed from a portion thereof. 8. The Appellate Division in dismissing the leave petition rightly observed as follows:- "It appears that the High Court Division on a meticulous examin......espondent No.1. Not Represented- Respondent No.2-7. Civil Review Petition No. 18 of 2009. (From the judgment dated 30.07.2008 passed by this Appellate Division in Civil Petition for Leave to Appeal No.697 of 2007) Judgment Md. Muzammel Hossain J.- This civil revi......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......terials available on record. It appears that in the Civil Petition for Leave to Appeal this Division considered the submissions of the learned Advocate for the petitioner to the effect that the trial court decreed the suit holding that the plaintiff claimed his title on the basis of deed o..Category: Property Law | Date: | Hits: 20
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295.......-For the Petitioners. Shahmim Khaled,Advocate, instructed by Abu Siddique, Advocate-on-Record-For Respondent Nos. 5-6. Not Represented-For Respondent Nos.1-4, 7-8. Civil Petition for Leave to Appeal No. 297 of 2009. (From the judgment and order dated 20.11.2008 passed by ...... malafide intention of the officer of the respondent bank. In fact respondent bank was liable to follow the provisions as laid down under section 33(1) of the Artha Rin Adalat Ain, 2003 providing for fair and justified process of sale of hypothecated goods. But the respondent bank without following ...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....the plaintiffs. While the said predecessor of the plaintiffs was owner in possession of 4.95 acres of land and defendant No. 48 Nizamuddin was in possession of .20 decimals of land, the record-of-right being No. 1637 was prepared and published. Thus being owner in possession of 8 annas interes...... Judgment July 19, 2009. Lawyers Invoplved: Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 812 of 2009. (Arising out of C.M.P. No. 62 of 2009.) (From the......of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......f the High Court Division in Civil Revision No.458 of 2005 discharging the rule with cost upon affirming the judgment and decree of the lower appellate Court who upheld the judgment and decree of the trial court. 2. The petitioners as plaintiffs instituted Other Suit No.25 of 1997 impleading the opp..Category: Property Law | Date: | Hits: 35
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......or Advocate Instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Abul Kashem, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-20. Civil Petition for Leave to Appeal No.2141 of 2009. (From the judgment and order dated 5.8.2009 passed by the Hi......ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......setting aside the judgment and decree of the appellate court in Title Appeal No. 188 of 1998 of the 1st Court of the Subordinate Judge (now Joint District Judge) Nawabganj upon restoring those of the trial court in other class Suit No.38 of 1987. 2. The respondents as plaintiffs instituted other ..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......l Review Petition No.15 of 2009. (From the judgment and order dated 6.11.2008 passed by the Appellate Division in Civil Appeal No. 332 of 2003) Judgment BK Das J.- This petition for review is directed against the judgment and order dated 6.11.2008 passed by the Appellate Divisi......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......ifferent persons including the defendants, who also purchased from heirs of Karam Ali Sheikh after his death and got possession of the land in suit and prayed for dismissal of the suit. 5. The trial Court framed necessary issues and on considering the evidence on record, by judgment and decre..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....ed holding and the Pre-emptor-Respondent-side ceased to be co-sharer of the tenancy and holding i.e. State Acquisition Khatian No. 10, and, thus, had no legal character and locus standi to exercise right of Pre-emption against Pre-emptee-Petitioner and though the learned Trial Court Judge and the ......sented- the Respondents. (In both the petitions) Civil Review Petition Nos. 4 and 5 of 2009. (From the judgment and order dated 29.07.2008 passed by this Appellate Division in Civil Petition for Leave to Appeal No.602 of 2007) Order Md. Muzammel Hossain J. - These two civil review pe......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......oth the Miscellaneous Appeals and dismissed cross appeals of the pre-emptee-petitioner setting aside the judgment and order passed by the learned Senior Assistant Judge and sent both the cases to the trial court on remand. 7. The learned Assistant Judge, Shahrasti, Chandpur by the judgment and or..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....d in auction for arrear of rents. The plaintiff auction purchased the same on 22nd October, 1962 in 3 (three) certificate cases and got delivery of possession on 4th December, 1962. The record of right was however not prepared in the name of the plaintiff and it was recorded in the name of defen......arisal in Title Appeal No.158 of1980 who affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declaration of title to the suit lands and further declaration that the decree passed in Title......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......The defendant denied the plaintiffs title and claimed that the plaintiff did not acquire any title on the basis of certificate sale and he was not given possession of the suit property. 5. The trial Court on consideration of the evidence on record held that the sale was a nullity; the plainti..Category: Property Law | Date: | Hits: 20
....tion, the police officers are interested in exercising the powers given to them under the Code without any hindrance……………………………………………………………(25)
If the right to be informed of his grounds for arrest and the right to consult a legal practitioner are den...... knowledge of the existence of some facts and such knowledge shall be the basis of arrest without warrant. There can be knowledge of a thing only if the thing exists…………….(10)
Credible Information, Source of Information
If a person is arrested on the basis of credible information nat......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......ime authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days on the whole. If he has not jurisdiction to try the case or send it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Ma..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd 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 BLC (AD) (2010) 140. ......ed Mahbub Hossain, Advocate-on-Record—For the Respondent (In Criminal Appeal No. 74 of 2009). Not represented— the Respondent (In Criminal Appeal No. 73 of 2009). Criminal Petition for Leave to Appeal No. 73-75 of 2009. (From the judgment and order dated 12-8-2008 of the Hi......nd 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 BLC (AD) (2010) 140. ......ramed charge against the, respondents and others under section 302/34 of the Penal Code to which they pleaded not guilty. Then the above case, being sent to the Druto Bichar Tribunal No. 4. Dhaka for trial, was renumbered as Druto Bichar Tribunal Case No. 35 of 2003. At the trial the prosecution exa..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
.... be barred by limitation. 10. Mr. TH Khan, the learned Counsel on the other hand submitted that the plaintiff appellants had the knowledge of the settlement and therefore the courts below were right in holding that the suit is barred by limitation because the suits were not filed within 3 yea......nior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by th......plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......in the above suit the defendant Nos.1(a)-1(d), the heirs of Shihamul Haque also filed written statement making averments similar to in their written statement filed in Title suit No.16 of 1992. The trial court by judgment and decree dated 16-2-1995 dismissed both Title Suit Nos.16 and 25 of 1992. ..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....are entitled to 8 annas saham in CS khatian No.77 are based upon proper appreciation of the evidence on record. The Courts below also concurrently found that the defendants have failed to prove their right, title, interest and possession in the suit lands by adducing oral and documentary evidence. T......ham of 1.94 acres of land out of the suit lands to the plaintiffs and half portion of lands of CS Khatian No.77 to the defendant Nos. 24-36 and 38. 2. The respondent Nos. 15-32 instituted the suit for partition on the averments that the suit lands appertain to CS khatian Nos. 18, 77, 133 and 138 ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......enying the claim of the defendant Nos. 1-8 and 12. Their case is that they are owners of the lands in CS khatian No. 77 by way of settlement from the landlord and have possessed the same. 4. The trial Court on consideration of the evidence on record found the plaintiffs title and possession..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ssions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......rosecution of the appellant under the aforesaid provision on 20th April, 2008. 2. The case record was eventually sent to the Metropolitan Senior Special Judge, Dhaka for putting the appellant on trial where Special Case No. 10 of 2008 was registered. Learned Special Judge after taking cognizanc..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
....sed persons in absence of any corroboration by any independent evidence. Since there was no evidence direct or circumstantial apart from the confessional statement the other accused persons have been rightly acquitted. But so far the respondent Azizul Haque is concerned, the High Court Division held......: Mohammed Ali Akanda, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.437 of 2008. (From the judgment and order dated 05.06.2008 and 08.06.2......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......the Penal Code. He also excluded the names of 11 (Eleven) persons from the said charge sheet. 4. Thereafter, the case was transferred to the court of the learned Sessions Judge, Chittagong for trial. The learned Sessions Judge, Chittagong after hearing the parties, examining the said FIR, c..Category: Others | Date: | Hits: 63
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......vocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Zainul Abedin, Deputy Attorney General and also Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 9 of 2008. (From the judgment and order dated 11.11.2007 passed by th....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......004 with Criminal Appeal No.2282 of 2004 with Jail Appeal No.690 of 2004 in allowing the appeal and consequently, rejecting the death reference so far it relates to the sending the case back to the trial Court on remand for fresh trial from the stage of examination under section 342 of the Code of..Category: Others | Date: | Hits: 83
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