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Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......6 dismissing the appeal. 2. The prosecution case, in short, is that the accused petitioner was a Chairman of Cox's Bazar Pourashava and in such capacity he received a Cheque dated 20.10.1984 for an amount of Tk. 10 lac donated by the then President of Bangladesh for development works of t......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......ner is that the learned Judges of the Appellate Division committed and error of law in dismissing the Criminal Appeal with the finding that as "the appellant did not face the trial and such can not now challenge the finding of the trial court on facts" on considering ..Category: Criminal Law | Date: | Hits: 43
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ...... Siddique, Advocate-on-Record-For the Petitioner. Nazrul Islam Talukder, Deputy Attorney General, instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 03 of 2008. (From the judgment and order dated 20.09.2007 and 23.09.......n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ...... Daman Ain, 2000. Trial Court framed charge against him accordingly and read over the same to the petitioner and others, who pleaded not guilty and claimed to be tried. 3. In course of trial prosecution has produced as many as 8 witnesses including P.W.4, Dr. Ajoy Kumar Sarker, ..Category: Criminal Law | Date: | Hits: 96
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....ind no 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) 605. ...... Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. A. B. M. Nurul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.1534 of 2008. (From the judgment and order dated the 5th day of June,......ind no 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) 605. ......in the schedule to the plaint, is sufficient to identify the suit land and the executing Court cannot go beyond the decree by allowing a local .investigation to ascertain the suit land. During trial of the suit the contesting defendants could have raised the plea of identity of the suit lan..Category: Property Law | Date: | Hits: 33
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....etitioner submitted that Rupjan Bibi, the predecessor-in-interest of the defendants, purchased 2.226 acres of land from the admitted owner and on the basis of that purchase R.S. and S.A. record of rights was prepared in her name and she took over possession to the said land and thereafter her s...... Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 487 of 2007. (From the judgment and order dated the 10th day of May,......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......e of record particularly, the R.S. and S.A. record of rights and title came to the conclusion that Rupjan Bibi acquired title in 2.226 acres or land, thereby modified the judgment and decree of the trial Court. 5. On considering the evidence of record the High Court Division found that the..Category: Property Law | Date: | Hits: 24
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
.... nor possessed any property of Mritunjoy and the plaintiff is entitled to 1/3rd of 1/6th =1/18th share in the suit property by way of inheritance only and the defendant No.14 had no saleable right, title and interest and possession to transfer 3.08 acres of land to the plaintiff and S.A. r...... Lawyers Involved: Mihir Kanti Majumder, 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.610 of 2007 (From the judgment and order dated the 14th day of Januar...... 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: VI ADC (2009) 600. ....... Mihir Kanti Majumder, learned Advocate, appearing for the petitioners submitted that the appellate Court below by traversing all the material issues on facts and law reversed the findings of the trial Court and came to its independent findings that the plaintiff failed to prove that Debic..Category: Property Law | Date: | Hits: 27
Md. Azizur Rahman Vs. Alatun Bewa alias Jahanara Bewa and others, 2008, 37 CLC (AD)
....rrived 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) 597. ...... Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Md. Abu Siddique, Advocate-on-Record-For Respondent No. 1 Not Represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 631 of 2007. (From the judgment and order dated 04.04.2005 passed by......rrived 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) 597. ......transferred to the learned Subordinate Judge Second Court, Rajshahi who by his order dated 03.04.2000 allowed the appeal reversing the judgment and order of the trial Court allowing the pre-emption. 6. Being dissatisfied with the aforesaid order t..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)
....edule land of the plaint was never sold in auction and the alleged auction purchaser Ismail Miah and Abdul Ahad did not auction purchase and got the possession of the 2nd schedule land. So the right, title, interest and possession of the petitioner in respect of the 2nd schedule land was no......etitioner. Syed Amirul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-10. Nor represented- Respondent Nos.11-33. Civil Petition for Leave to Appeal No. 467 of 2008. (From the judgment and order dated 05.12.2007 passed by...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ...... suit was decreed on 20.09.1968 but on appeal that decree was set aside. Ultimately the High Court Division in 2nd appeal set aside the decree of the lower appellate court and confirmed that of the trial court. 5. In the aforesaid Title Suit No.1 of 1967 the petitioner's case as defendant'..Category: Property Law | Date: | Hits: 25
Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)
....t the petitioner caused some mischief in the suit property causing serious prejudice to the plaintiff violating the order of status quo granted initially by the trial Court and as such trial court rightly granted mandatory injunction on the prayer of the plaintiff which has also been affirmed b......ord-For the Petitioners. Moqbul Ahmed, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No.1-4. Not represented-Respondent No. 5-26. Civil Petition for Leave to Appeal No. 382 of 2008. (From the judgment and order dated10.12.2007 passed by ......ons of the learned Advocate for the petitioner and find no merit in the leave petition. The leave petition is thus dismissed. Ed. This Case is also Reported in: VI ADC (2009) 584. ......in favour of the defendants since the defendant is in exclusive pos session of the suit land long before filing the suit as such this petition for injunction is not maintainable, etc. 4. The trial Court upon hearing the parties directed them for maintainable status quo by it's order dated ..Category: Property Law | Date: | Hits: 22
Mahbubur Rahman Miah Vs. MA Kabir Chowdhury and others, 2009, 38 CLC (AD)
....Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ......p; Civil Petition for Leave to Appeal No. 448 of 2007. (From the judgment and order dated 28th August, 2006 p......Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 573. ......he present petitioner was not a party and the alleged dispossession is said to have taken place in 1989 and the suit was transferred and renumbered as Other Class Suit No. 22 of 1992. 3. The trial Court decreed the suit and on appeal judgment was affirmed and thereafter the Execution Case..Category: Property Law | Date: | Hits: 25
Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)
....n for the suit; that the suit was not maintainable and the suit was barred by principle of estoppels, waiver and res judicata. Plaintiff No.1 was not a wife of the defendant and as such, she has no right to claim dower and maintenance. The defendant did not marry plaintiff No.1 according to Musl......ents Judgment January 19, 2009. Lawyers Involved: Abu Siddique, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1629 of 2007. (From the judgment and order dated the 5th day of Feb......ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ......plaintiffs filed an application for D.N.A. test of plaintiff No.2 and the defendant on 20.07.2006 against which the defendant filed written objection and after hearing the parties the learned trial Court rightly and legally allowed the application for D.N.A. Test. The High Court Division re..Category: Family Law | Date: | Hits: 280
Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)
.... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569....... December 18, 2008. Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1385 of 2007. (From the judgment and order dated 11th February, 2007 pas...... that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 569.......for hearing on 18.9.1997. The plaintiff also filed an application praying time for filing written objection in pursuance of the application for mandatory injunction filed by the defendants. 7. The trial Court allowed the application for mandatory injunction filed by the defendant and rejected the..Category: Property Law | Date: | Hits: 28
Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....e find no substance 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) 558. ......podents Judgment January 15, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1518 of 2007. (From the judgment and order dated the 7th day of Augus......e find no substance 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) 558. ......licants preferred civil revision against the appellate decree and in not considering that the applicants are not entitled in law to agitate the question of title against the defendants at the trial stage of the instant suit. The learned Advocate further submitted that the rejection of ..Category: Property Law | Date: | Hits: 25
M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......he Subordinate Judge, 3rd Court, Dhaka alleging, inter alia, that decree passed on 14.08.1972 in Title Suit No.64 of the Court of First Subordinate Judge, Dhaka was obtained by practising fraud and forgery upon the Court by the defendant No.1 and as such the same is void and not binding on the Go......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......he suit was dismissed for default on 22.04.2003. The plaintiff of the Title Suit No. 172 of 2000 filed and application on 27.10.2003 under section 151 of the Code of Civil Procedure before the trial Court for restoration of the said Title Suit No.172 of 2000 and upon hearing the plaintiff-p..Category: Property Law | Date: | Hits: 23
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ......3 accepting the same. 2. The prosecution case, in short, is that Khodaja Bibi alias Komola, the victim, was given marriage to the petitioner who, after the marriage, started maltreating her for money and as a result the relationship between them became strained and on the night following......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ...... victim which was ante-mortem and homicidal in nature. The police, after investigation, submitted charge sheet against the petitioner under section 302 of the Penal Code. At the commencement of the trial of the case, the petitioner was charged under section 302 of the Penal Code but the same cou..Category: Criminal Law | Date: | Hits: 50
General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
....4 of 1993 subsequently renumbered as Title Suit No.139 of 1994 long after 3 (three) years. The High Court Division held that the suit was hopelessly barred by limitation. Therefore, the trial Court rightly dismissed the suit and in that view of the matter, the High Court Division did not go into......Wadud Bhuiyan, Senior Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not represented- the Respondent Nos. 7-8. Civil Petition for Leave to Appeal No. 548 of 2008. (From the judgment and order dated 20th November, 2007 ...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ......nd the suit land has not been acquired in L.A. Case Nos. 62/1964-65 and 14/1965-66 by the defendant No.4. The suit was contested by the defendant Nos.1 and 2 by filing joint written statement. The trial Court by the impugned judgment dated 30.11.1994, dismissed the suit. 3. Being aggrieve..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....at the appellants having had not response to the request of the respondents for assessment of the compensation of the buildings and other structures in the acquired land thereby they have waved their right as provides in Rule 8(3) of the Acquisition of Immovable Property Rules, 1983 (the Rules). In ......2 of 1993. 5. The Arbitration Miscellaneous Case No. 22 of 1993 was filed by the respondents herein against award made by the Deputy Commissioner in L.A. Case No.98 of 1985-86 which was initiated for requisition and acquisition of 60 decimals of land out of 86 decimals of land owned and possesse......of the 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: 62 DLR (AD) (2010) 255. ......Court Division by the Judgment dated March 25, 1998 made the Rules absolute upon observing that before the appellate Court it was urged by the appellant in Miscellaneous Appeal No.45 of 1994 that the trial Court passed the award on the basis of the assessment of value of the building and other struc..Category: Alternative Dispute Resolution | Date: | Hits: 249
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Nurul Islam Bhuyian, Advocate-on-Record-For the Petitioner. Abdun Nur, Advocate-on-Record- For the Respondent No.2. Not represented- For Respondent Nos.1 & 3. Civil Petition for Leave to Appeal No. 742 of 2004. (From the judgment dated March 10, 2004 passed by a Div......sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......r argument. At that stage of the matter the defendants filed an application seeking direction on the plaintiff for production of papers mentioned in the application so filed by the defendants. The trial Court after hearing the parties rejected the same. The defendants challenging the said order ..Category: Civil Law | Date: | Hits: 91
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....attached to the plaint. 3. The plaintiffs claimed the land in suit as heirs of Ramhari Kasya. It is the case of the plaintiffs that the land in suit belonged to Ramhari Kasya in his raiyati right and he mortgaged the land in suit for 4 years and the said mortgage was a usufructuary one a......aintiffs claimed the land in suit as heirs of Ramhari Kasya. It is the case of the plaintiffs that the land in suit belonged to Ramhari Kasya in his raiyati right and he mortgaged the land in suit for 4 years and the said mortgage was a usufructuary one and after expiry of the said period of mor...... background of the 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: ......plaintiff Nos. 1 and 2 sold .99 acres of land to him by registered kabala dated January 13, 1986 and since purchase he is in possession of the said land in ejmali with the plaintiffs. 6.The trial Court on consideration of fact of preparation of the M.R.R. khatian arrived at the finding t..Category: Property Law | Date: | Hits: 28
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
.... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ...... Lawyers Involved: Md. Shamsul Huda, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No.18 of 2006. (From the judgment and order dated the 22nd November, 200...... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ......igh Court Division in Criminal Revision No.507 of 2005 under Section 439 of the Code of Criminal Procedure vacating the order of Stay granted earlier without hearing the Rule and directing the trial Court to conclude the trial expeditiously. 2. The facts of the case, in brief, are th..Category: Criminal Law | Date: | Hits: 40
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ...... Abdullah-Al-Mamun, learned Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For Respondent. Criminal Petition for Leave to Appeal No. 256 of 2006. &nb......nd no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......nce are disclosed in the case, there is no scope to seek quashment under Section 561A of the Code of Criminal Procedure, whether the case is true or false will be only decided upon evidence at the trial. 7. In view of the above, we find no substances in the submissions of the l..Category: Criminal Law | Date: | Hits: 52
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