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Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
....bi wife of Radha Raman as a Shebait, Lakshmi Baishnabi was only her seba Dashi and the said Lakshmi Baishnabi was maintaining celibacy and was childless. Accordingly, Lakshmi Baishnabi had no right, title, interest and possession over the suit land. 4. The said Lakshmi Baishnabi died ......bsp; Not represented-Respondent Nos. 5-1. Civil Petition for Leave to Appeal No.1276 of 2008. (From the judgment and order dated 21.04.2008 passed b......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......d was paying rent to the Government. It is a private debottor properties as such the shebait committee has no locus standi to file this suit, hence the suit is liable to be dismissed. 6. The trial Court decreed the suit and on appeal the appellate Court affirmed the judgment of the trial C..Category: Civil Law | Date: | Hits: 110
Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)
....ived 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) 938. ...... Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-22. Civil Petition for Leave to Appeal No.1611 of 2007. (From the judgment and order dated 6.3.2006 passed by ......ived 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) 938. ......t of parties. After purchase on 22.11.1995 he transferred 05 acres of land to Rolla Social Welfare project. Hence the Miscellaneous Case for pre-emption is not maintainable. 4. The trial Court by the judgment and order dated 29.09.1997 allowed the preemption. Being aggrieved..Category: Property Law | Date: | Hits: 57
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
.... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... of defendant No.1's failure to execute and register the kabala and to hand over possession of the property, to have the said reliefs through the Court. 2. The suit was averring specific performance of the contract for sale of the land in suit. 3. The plaintiff filed the suit averr...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ......gister the sale deed in respect of the property described in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of the property in suit t..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....eoretical and practical purposes, a fine line of demarcation between the exercises of jurisdiction by these two departments in the matters mentioned above. It can surely be said and it is undoubtedly right to say so that the Bureau of Anti-Corruption was empowered to carry on an enquiry into and inv......gmenting Revenue The entire scheme of the Customs Act shows that the main concern of the Customs Authority is to augment the revenue by levying tariff duties under the Customs and Tariff Acts and for preventing smuggling..............(48) The Customs Act, 1969 (IV of 1969), Section 156 O......d by the Central Government on 23rd May, 1964, when they seized the diamonds claimed by the appellants on 23rd and 24th July, 1964. Mr. Sorabjee, the learned Counsel for the respondents has, however, fairly conceded before us that he is unable to justify the seizure of the diamonds under the provisi......, Section 156 Offences under the Customs Act fall under two categories- One class of offence dealt with by the Customs Officers themselves and another class is dealt with by the Magistrate who on trial may impose sentence or punishment. Even those which are triable by the Magistrate, the Customs..Category: Fiscal/Taxation Law | Date: | Hits: 129
Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)
....ersons in presence of witnesses and recovered one 38 bore foreign made revolver with one round of loaded cartridge from the waist of accused Arif Hossain alias Shuvra, two live cartridges from right pocket of pant of accused Nur Mohammad alias Babulal and one live cartridge from right pocket...... Lawyers Involved: Awlad Ali, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocated-on- Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No.490 of 2008. (From the Judgment and order dated 27.07.2008 passed by......bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ...... the case and transferred the same to Metropolitan Special Tribunal No.7, Dhaka for disposal. 4. Learned Judge, Metropolitan Special Tribunal No.7, Dhaka, after framing charge, held the trial, examined as many as 10 witnesses and considering the evidence on record found accused Arif ..Category: Criminal Law | Date: | Hits: 120
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......; S.M Kamal vs. State 6 BLC (HCD) 113. Lawyers Involved: A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.157 of 2008. &nbs......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......essions Judge and Special Tribunal No.5, Chittagong. The convict-petitioner and other accused in their examination under Section 342 of the Code of Criminal Procedure claimed innocence and demanded trial. 13 witnesses were adduced by prosecution, of them P.Ws.1 and 4 deposed to the effect that f..Category: Criminal Law | Date: | Hits: 155
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved 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) 862. ...... Ahmed, Advocate-on-Record-For the Petitioners. A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.2294 of 2008. (From the judgment and order dated 25.3.2008 passed by......ved 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) 862. ......udge, Sylhet, which was heard on transfer by the Joint District Judge and Artha Rin Adalat, Sylhet, who by the judgment and decree dated 22.7.2002 dismissed the appeal and remanded the suit to the trial court for the limited purpose of for holding local inspection of the suit land. 5. Bei..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....d possession in the case holding. Abdul Haque Dovash by registered deed of wakf dated 12.3.1947 made wakf-Al-Awlad of his properties and thus his wife Hazera Khatun and his other heirs had no right to transfer the wakf properties and thereby the sale deed executed by the heirs of Abdul Haqu......d by Md. Firoz Shah, Advocate-on Record-For the Petitioner. Md. Ibrahim Khalil, Advocate-on Record-For Respondent No. 1. Not Represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 2219 of 2008. (From the judgment and order dated 14.07.2008 passed ......ved 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) 859. ...... preferred Miscellaneous Appeal No.176 of 1988 before the learned District Judge, Chittagong, who by his judgment and order dated 7.3.2004 allowed the same and set aside the aforesaid order of the trial court. 5. Thus being aggrieved and dissatisfied with the aforesaid judgment and order ..Category: Property Law | Date: | Hits: 29
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....er as husband and wife till last day of their life. Any deviation of their relationship and conduct due to the behaviour of the husband makes the husband liable to bear the consequences to the right accrued to the wife under the marriage. The wife as plaintiff in the instant case has been ab......ondent Judgment April 19, 2009. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 1859 of 2008. (From the judgment and order dated 08.04.2008 passed ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......ch was transferred to the Court of the Additional District Judge, Moulvibazar, who upon hearing the parties dismissed the appeal and affirmed the judgment and decree passed by the trial Court. 5. Against the judgment and order of the appellate Court, defendant No.1 as pet..Category: Criminal Law | Date: | Hits: 75
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....shy;ment that admittedly Sadat Ali and his two brothers were the owners and possessors of the suit properties. Accordingly their names were recorded in C.S. Khatian properly. They also admitted the right, title and interest of Alauddin. But the defendant No.1 also stated in his written state......9. Lawyers Involved: Mrs. Kamrunnessa Ratna, Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1279 of 2008. (From the judgment and order dated 07.05.2008 passed ......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......ts thereon. R.S. Khatian was prepared properly. The said exchange deed has been made collusively and the plaintiff did not get possession, as such the suit is liable to be dismissed. 5. The trial court after hearing by the judgment and decree dated 31.08.2000 decreed the suit. Being ..Category: Property Law | Date: | Hits: 32
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......a Niaz Mohammad, Senior Advocate, instructed by Syed Mahbubur Rahman, advocate-on-Record-For the Petitioner (In all the cases) Not represented- the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 513 and 517-518 of 2008 (From the judgment and order dated 5.12.2007 pas......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......lly filed the cases using her name beyond her knowledge have not been proved and found to be false in view of the deposition given by the pre-emptor herself. The High Court Division observed that the trial Court came to erroneous findings since misread the deposition of the pre-emptor. The High Cour..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....trial Court framed 5 issues in arriving at its decision and found that the suit was not barred by limitation and the suit was not hit by the Ordinance 1 of 1964 and that the plaintiff proved their right, title, interest, and possession in the suit land and the plaintiff succeeded to prove title ...... Lawyers Involved: Md. Awlad Ali, Senior Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioners. Not represented-the Respondents Civil Petition for Leave to Appeal No. 1373 of 2008 (From the judgment and order dated 23.04.2008 passed b......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......o.66 of 1967 for declaration of title and confirmation of possession in the suit land. The suit was decreed against the defendant Nos.1 and 2 on contest and ex parte against the rest. The trial Court found title and possession of the plaintiff in the suit land observing that the plainti..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....ved al 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) 823. ......Petitioner. Abul Kalam Chowdhury, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on- Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-58. Civil Petition for Leave to Appeal No. 929 of 2008 (From the judgment and order dated 13.3.2008 passed by ......ved al 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) 823. ...... Feni, which was heard on transfer by the learned Joint District Judge, 2nd Court, Feni, who by the impugned judgment and decree dated 23.3.2003 allowed the appeal and reversed the judgment of the trial Court. 5. Being thus aggrieved and dissatisfied the plaintiff moved the High Court Div..Category: Property Law | Date: | Hits: 30
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
.... and sale since a long time. The plaintiffs Trade Mark with distinctive colour scheme, design, device and getup has been shown in schedule 'A' to the plaint. To protect and safeguard the plaintiffs right, interests and title in Playing Cards which are extensively used by the plaintiff, the plain......-For the Petitioners. S.K. Saddique, Advocate, instructed by S.R. Khoshnabish, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1552 of 2008. (From the judgment and order dated 24.07.2008 passed ......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ..Category: Intellectual Property Law | Date: | Hits: 361
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......009. Lawyers Involved: S.N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by ......at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......filed an application under Order 11, Rule 21 to strike out the defence of the defendant respondent which was allowed by order dated 10.8.2002 and 16.9.2002 was fixed for peremptory hearing. But the trial court suddenly by order dated 7.9.2003 dismissed the suit as not maintainable. 5. Bein..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....June 6, 1963 to the plaintiff No.1 and the plaintiff No.1 sold the land to the plaintiff No.2 Sufia Khatun. It is the specific case of the plaintiff No.1 that defendant Nos.1 and 2 had and have no right, title, interest and possession in the land in suit and the judgment obtained in Title Suit N......sif (now Assistant Judge) Chuadanga, passed in Title Suit No. 541 of 1970 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in the land in suit and for further declaration that the decree obtained in Title Suit No.616 of 1969 of the Court of Munsi......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......f the defendant No.1 in a portion of the suit property and the plaintiff No.1 has brought the suit on the basis of fabricated documents and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on findings that Bishnupada granted general Power of Attorney dated 18..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....nce, the present writ petition upon which the rule was issued. 3. The appellants contested the rule filing affidavit-in-opposition asserting that the Government in exercise of its discretion rightly withheld sanction for trial of the writ respondent Nos.5 and 6 and the impugned order withh......ting the Metropolitan Sessions Judge, Dhaka to proceed with the Special Case No.39 of 2004 arising out of Complaint Petition No.3795 of 2003 filed against the appellant-writ-respondent No.5 and pro-forma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellan......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ...... upon which the rule was issued. 3. The appellants contested the rule filing affidavit-in-opposition asserting that the Government in exercise of its discretion rightly withheld sanction for trial of the writ respondent Nos.5 and 6 and the impugned order withholding sanction was passed in ..Category: Criminal Law | Date: | Hits: 64
M.K. Bazlur Rahman Vs. Md. Johurul Haque and another, 2009, 38 CLC (AD)
....find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. ...... April 16, 2009. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for leave to Appeal No. 655 of 2008. (From the judgment and order dated 19th August, 2008 p......find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 809. .......2003 he served a legal notice upon the petitioner for payment. The petitioner received the same no 1.7.2003 but with no effect. Hence, was the case. 3. Eventually, the learned Judge of the trial Court by the order dated 26.2.2008 framed charge under section 138 of the Negotiable Instrume..Category: Criminal Law | Date: | Hits: 51
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....on took a correct view in the matÂter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1-7. Not represented-Respondent No. 8-17. Civil Petition for Leave to Appeal No. 405 of 2006. (From the judgment and order dated 15.12.2005 passed by the ......on took a correct view in the matÂter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......tituted Title Suit No. 130 of 1980 for ejectment of the plaintiff but the defendant Nos.1-5 were not made parties in the suit. They filed application for their addition as parties in the suit but the trial Court rejected their prayer. The defendant preferred Civil Revision No.4 of 1983 in the Court ..Category: Tenancy Law | Date: | Hits: 155
Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....Shitol Mondal, Kamal Chandra Dakua, plaintiff Ananda Chandra and Kalicharan Bairagee and the aforesaid four tenants amicably settled the claims of the landlords and the aforesaid four tenants right and tile upon the C. S. plot No. 381 and 382 were confirmed and then the plaintiff and h......e and others…..........Petitioners Vs Ananda Chandra Dakua and others…….......Respondents Judgment April 20, 2009. Lawyers Involved: Lutfor Rahman Mondal, Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For the Petitioners. ......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......dated 19.06.1954 within twelve years from the date of attaining majority in the year of 1957 and the plaintiff instituted a false suit which was liable to be dismissed with cost. 7. The trial court decreed the suit and on appeal the appellate court set aside the judgment and decree of..Category: Property Law | Date: | Hits: 27
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