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Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....ferred 0.06 acre out of the Suit Plot No. 1006 in favour of Moklesh Uddin Chowdhury. Abdus Salam Chowdhury filed Miscellaneous Case Nos. 135 and 136 of 1967 for pre-emption under Section 96 of the State Acquisition and Tenancy Act against Abdul Mannan Chowdhury and Moklesh Uddin Chowdhury respec...... M. M. Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Raisuddin being dead his legal heirs: Anowara Begum Chowdhury & others ............... Petitioners Vs. Md. Abdul Munim Chowdhury & another..............................Respondent Ju......en sold 0.02 acre to the plaintiff by an unregistered kabala dated 15th Jaistha, 1374 B.S. Kota Ullah also transferred 0.06 acre out of the Suit Plot No. 1006 in favour of Moklesh Uddin Chowdhury. Abdus Salam Chowdhury filed Miscellaneous Case Nos. 135 and 136 of 1967 for pre-emption under Secti......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ..Category: Property Law | Date: | Hits: 30
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... ......Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M. M. Ruhul Amin J The State................Petitioner (In all the cases) Vs. Md. Ruhul Amin and others ..............Respondents (In Criminal Petition No.351 of 2006...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ..Category: Criminal Law | Date: | Hits: 36
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....1881 is a question of fact which cannot be decided in a proceeding under section 561A of the Code of Criminal Procedure in view of the decision of the Appellate Division in Abdul Quader Chowdhury vs. State reported in 28 DLR (AD) 38 that where assessment of evidence is involved the case cannot be qu......299 ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ality before law or equal protection of law, rather it ensures his right to speedy trial under Article 35(4) of the Constitution.……….(35 and 36) Cases Referred to- Kathi Raning vs. State of Saurashtra, AIR 1952 SC 123; Muhibur Rahman Manik vs. Bangladesh, 55 DLR 636. Lawy...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants Vs. Bangladesh and others………………………………....Respondents Judgm......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ......d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ..Category: Criminal Law | Date: | Hits: 59
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....judgment and order of the High Court-Division and other papers on record. 26. Admittedly, the respondents are employees of BADC, a statutory corporation and the respondents being employees of State instrumentality are not governed by the general principle of master and servant and the manage....... ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....C) 830; P Jayappan vs. Sk Perumal: (1994) 149 ITR S96(SC); Tiptop Plastic Industries P Ltd vs 1TQ; (1995) 2H ITR 778 (Madras); Gopal vs. Assistant CIT; (1994) 207 ITR 971 (Madras); MK Gopalan vs. State of Madhya Pradesh, AIR 1954 SC 362 AIR 1948 PC 82 and Md. Iqbal Ahmed vs. Andhra Pradesh, AI......d. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of the People's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku............Respondent Judgm......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....er knowing about the wrong S.A. record in the name of the said defendants in the government, the plaintiffs in the first part of 1973 filed a Misc. Case no. 26 of 1973 under section 143 (A) of the State Acquisition and Tenancy Act which was dismissed for default on 15-06-1976 due to illness......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ..Category: Property Law | Date: | Hits: 23
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State…...............................Appellant Vs. Nur Husain alias Hiron&hell...... Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The State…...............................Appellant Vs. Nur Husain alias Hiron……........... Respondent Judgment Augu......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ..Category: Criminal Law | Date: | Hits: 38
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....46. ...... Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Hassan Ameen J The State..............................Appellant Vs. Liaquat Hossain @ Liaqut.........Respondent Judgment August 2, 2007. ......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ..Category: Criminal Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Abdul Matin J Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad ……......Petitioner Vs. The State.................................Respondent Judgment ...... Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Abdul Matin J Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad ……......Petitioner Vs. The State.................................Respondent Judgment &nb......d Criminal Appeal Nos.1049, 1096 and 1003 of 2004 and the High Court Division dismissed the appeal Nos.1096 and 1003 of 2004 and the present petitioner Md. Atiar Rahman and another accused Md. Abdus Sobhan were found guilty of the charges levelled and the High Court Division maintained their...... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....sed. Ed. This Case is also Reported in: V ADC (2008) 439. ......preme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Abdul Matin J The State...............................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 200......was due to postmortem hanging. 12. In the opinion of the Doctor, the cause of death of the deceased was due to injuries noted above which were homicidal and ante-mortem in nature. 13. P.W. 12 Abdus Salam Bepari stated that on the day of occurrence while he was working in his land, he saw the......reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ..Category: Criminal Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....Islam was not therefore aggrieved by the said judgment dated 13.7.2000. 12. After receiving the aforesaid judgment of the Appellate Division passed in Criminal Petition No. 220 of 2000, the State represented by the Deputy Commissioner, Dhaka and the Officer-in-charge, Motijheel Police Sta......mad Fazlul Karim J MM. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Towfiqul Islam and others...................Petitioners Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka and others........Respondents ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....ce; that the Courts below failed to consider the registered deeds of agreement to reconvey the land Ext-'A' and 'B' and thereby failed to appreciate the legal implication of Section 95 of the State Acquisition and Tenancy Act on the basis of which the defendant's got back their possession i......eme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Basiruddin....................................Petitioner Vs. Md. Moslem Uddin and others.......Respondents Judgment September 13, 2007.......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ..Category: Property Law | Date: | Hits: 19
Government of Bangladesh Vs. Md. Abdus Salam, 2006, 35 CLC (AD)
....we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ...... Md. Ruhul Amin CJ Md. Tafazzul Islam J Government of People's Republic of Bangladesh, represented by the Deputy Commissioner and others, Satkhira ..............Petitioners Vs. Md. Abdus Salam.....................................Respondent Judgment ......in CJ Md. Tafazzul Islam J Government of People's Republic of Bangladesh, represented by the Deputy Commissioner and others, Satkhira ..............Petitioners Vs. Md. Abdus Salam.....................................Respondent Judgment June 18, 2006 ......we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ..Category: Property Law | Date: | Hits: 28
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
.... of Reazuddin Mia, Harmuj Mia and Tazu Mia and that finally the said R.S. khatian was corrected in the background of the judgment passed in a case instituted as per provision of Section 143A of the State Acquisition and Tenancy Act on January 9, 1974, that defendants having failed to purchase th......llate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Taher Ali being dead his heirs: Anowara Begum and others ...........Petitioners. Vs. Ali Mohammad...........Respondent. Judgment &nb......ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ..Category: Property Law | Date: | Hits: 22
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
.... claimed that they were given pattan and the alleged pattan was obtained by the defendants predecessor and others but no documents were produced. He further submits that under Section 144A of the State Acquisition Tenancy Act an entry in the record of right has a presumptive value of its correct......also Reported in: V ADC (2008) 412. ......f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......f the above, we find so substance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ..Category: Property Law | Date: | Hits: 21
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....enancy Act seems to be barred by law without considering, the case of the plaintiff-petitioners that the suit land had accreted much before coming into force of Section 87(1) and (2) of the State Acquisition and Tenancy Act which is not retrospective in natun; that the High Court Division......Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Afzal Ahmed and others..........Petitioners Vs. Ayesha Khatun and others ........ Respondents Judgment November 29, 2007. ......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
....years before from one Abdur Rahman. After that he token certified copy of the kabalas and acquired his knowledge of the transfer. Thereafter, he filed the miscellaneous case under Section 96 of the State Acquisition and Tenancy Act with the proper deposit of the consideration amount. He claimed ......ellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin...........................Petitioner Vs. Azizul Hussain and others........ Respondents Judgment November 6, 2007. ...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ..Category: Property Law | Date: | Hits: 20
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respondents Judgment Augus......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
....gura, the defendant No.1, contested the suit by filing a written statement contending, inter alia, that the suit land is Beel Class of land which vested to the Government under section 20(2) of the State Acquisition and Tenancy Act 1950, hereinafter referred to as the Act, and the plaintiffs by o......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents ...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ..Category: Property Law | Date: | Hits: 28
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