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Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ...... Judgment September 10, 2007. Lawyers Involved: A.K.M.Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 131 of 2006. (From the judgment and order dated 13.07.2005 passed by......ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ......er by registered deeds dated 19, 08.1983, 05.07.1983 and 24.04.1983. In this way he became the owner of 18 decimals 6 chataks of land and has been in peaceful possession of the land. 5. The trial Court dismissed the suit. On appeal being Title Appeal No.409 of 1992, the Court of appeal al..Category: Property Law | Date: | Hits: 21
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....rnment could bring for realising the money or property and is not punishment or penalty within the meaning of Article 20(1). Such a suit could ordinarily be brought without in any way affecting the right to realise the fine that may have been imposed by a criminal court in connection with the of......ppeal No. 1131 of 1993 dismissing the appeal with modification of sentence from simple imprisonment of seven years to a sentence of fine of Taka 10,000 each, in default, to suffer Simple Imprisonment for 2 (two) years each and maintaining the confiscation of plot Nos. 49A, 49B and 49C within Karwan ...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......ed pecuniary advantage and thereby they have committed an offence punishable under section 109 of the Bangladesh Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. 4. After the trial the appellants petitioners were convicted under section 109 of the Penal Code read with sectio..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... or infirmity in the 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) 111. ......; Mahbubey Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not represented-Respondent Nos. 6-65. Civil Petition for Leave to Appeal No. 96 of 2006. (From the judgment and order dated 14.12.2005 passed by ...... or infirmity in the 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) 111. ......e above the High Court Division passed the impugned order without taking into consideration the fact that the defendants have not yet filed written statement and as such it is not possible for the trial Court to dispose of the suit within the stipulated period of 6(six) months as directed. ..Category: Property Law | Date: | Hits: 27
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
....cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......s Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 251 of 2006. (From the judgment and order dated 16.11.2005 passed by......cogent ground to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......t included in the deed of 1970 and they were in possession of 20 decimals of land out of 60 decimals of land under schedule E of the plaint. After conclusion of trial the learned Subordinate Judge (now Joint District Judge), Dhaka dismissed the suit by his jud..Category: Property Law | Date: | Hits: 21
State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)
....eceased) head. Consequently, he fell down on the ground. The absconding convict Sultan gave dao blow below his knee on the left leg. The appellant Mostafa gave ekkaitta blows below the knee of the right leg. The appellant-respondent Joynul Abedin gave a dao blow below the knee of the right ......r Ali, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No.464 of 2006. (From the judgment and order dated 10th and 13th August,......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......he Code of Criminal Procedure and finally submitted charge-sheet against them under Sections 302/148/149 of the Penal Code. 5. The case record ultimately came to the file of the trial Court (Additional Sessions Judge), who framed charge against the accused-petitioner and other..Category: Procedural Law | Date: | Hits: 79
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ...... A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No.1547 of 2006. (From the judgment and order dated 05.01.2006 passed b......to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......ed to define those commercial plots as unused lands and as such their suit is liable to be dismissed with heavy cost. 4. Thereafter considering the materials and evidence on record the trial court decreed the suit in favour of the plaintiffs and against the defendant respondents by h..Category: Property Law | Date: | Hits: 26
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ......nt Nos. 1 and 3-7 that while dispute arose between Keramat Ali and the plaintiffs, predecessor Mojibul Haque, Mojibul Haque filed a case in the Court of Sub-Divisional Magistrate with a prayer for demarcating his share to the extent of 0.505 acre and that in presence of the parties the surv...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ......atement. 4. The Assistant Judge, Borhanduddin Upazila heard arguments from both the sides, discussed the evidence and believed that the plaintiffs have been able to prove their case. So, the trial Court decreed the suit for eviction of defendant Nos.1 and 2 from the suit property and for k..Category: Property Law | Date: | Hits: 23
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......mmissioner of Customs and other 52 DLR (AD) 1. Lawyers involved: Zahirul Islam, Advocated on Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 990 of 2006. (From the judgment and order dated 27-06-2006 passed b......r in the absence of any disclosure of the relevant and reliable materials to show that the fixation of tariff value on the imported goods are arbitrarily grossly inflated and does not reflected the fair value of the goods in the international market, the writ petition is not maintainable and......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ..Category: Fiscal/Taxation Law | Date: | Hits: 70
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ......emorandum of Appeal with bank guarantee. 2. The facts of the case, in short, are that the petitioner filed Money Suit No.77 of 1994 in the Artha Rin Adalat against the respondents and others for recovery of Tk. 32,31,99,460.38. After contest the suit was decreed by judgment and order dated......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J State Bank of India.......Appellant Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. and another………Respondents Judgment ..Category: Banking Law | Date: | Hits: 96
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....al Board along with Dr. Obaidul Kabir and Dr. Hosen Ahmed held the post-mortem examination over the dead body of the deceased and found the following injuries:- 1. One bruise on right gluteal region size 4"x3" 2. Another bruise on sacral region 4"....... Sonali Bank and others, 37 DLR (AD) 42. Lawyers Involved: A.B.M. Bayezid, Advocate-For the Appellant. Mrs. Umme Kulsum, Begum, Deputy Attorney General-for the Respondent. Jail Appeal No. 01 of 2005 (From the judgment an......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ...... with reasoning arrived at the finding that the prosecution had established its case against the convict. It is not seen from the judgments i.e. Judgments of the High Court Division as well as of the trial court that said courts expressed and doubt as regard the evidence of P.W.4 and other witnesses..Category: Criminal Law | Date: | Hits: 62
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
.....S. on receipt of a Kabuliyat executed by the said tenants. The said Samser Ali and others had been enjoying and possessing the land on payment of rent etc. to the said landlord. The record of right was prepared in their names. They sold the land to Ayub Hossain, Rahim Box and Shariful Isla......r 13, 2007. Lawyers Involved: Abdul Jabbar, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Petition for Leave to Appeal No. 210 of 2006. (From the judgment and order dated 07.12.2005 passed b......y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ......d on payment of rent etc. to the said landlord. The record of right was prepared in their names. They sold the land to Ayub Hossain, Rahim Box and Shariful Islam by registered kabala. 4. The trial Court decreed the suit. On appeal being Title Appeal No.3 of 1999 the appellate Court dismiss..Category: Property Law | Date: | Hits: 22
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......p; Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 271 of 2007. (From the judgment and order dated 07.02.2007 passed by......ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......tion for leave to appeal. 6. Heard Abu Sams Md. Khalequzzaman, the learned Advocate-on-Record appearing for the petitioner and perused the judgment of the High Court Division and that of the trial Court and other papers on record. 7. It appears that the High Court Division has corr..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
....1982 and that claim of benefit by the plaintiffs upon placing reliance on the aforesaid provisions of law is misconceived, that plaintiffs upon receiving the benefit under the old law waived their right to have their benefits under the new law and as such their claims in the suit were not ......it filed seeking relief that the plaintiff is entitled to the benefit of benevolent fund and group insurance under the provision of Ordinance No. XXXIX of 1982 instead of the law prevalent on the aforesaid matters in 1968 and 1969 i.e. not as per provision of Government Servants Benevolent Fund ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......o. 730 of 1999 allowing the same upon reversing the judgment and decree dated August 31, 1999 of the 4th Court of Senior Assistant Judge, Dhaka in Title Suit No. 37 of 1999 decreeing the same. The trial Court by the decree declared the plaintiff would get benevolent fund and group insurance bene..Category: Employment/Service Law | Date: | Hits: 82
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......ntence of co-convict and accepting the Death Reference in part i.e. in respect of only the petitioner herein. 2. The prosecution case, in brief, is that on 12.11.2000 at about 6.00A.M. the informant along with his brother Abdun Nur @ Bhola, nephew Muktadir and others were returning ho...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......) was started. The police after investigation submitted charge-sheet dated 17.6.2001 against the accuseds including the petitioner under sections 147/148/149/302/324/323/307 of the Penal Code. The trial Court framed charges against the petitioner and other accuseds under sections 302/34, 323 and..Category: Criminal Law | Date: | Hits: 39
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
.... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......n Criminal Appeal No. 1056 of 1990 arising out of Sessions Case No. 86 of 1995 dismissing the appeal filed by the respondent No.1 Wazed Mia and maintaining his conviction and sentence of imprisonment for life under section 302/34 of the Penal Code for committing murder of Kalu and allowing the appea...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......re shifted to Medical College Hospital in Mymensingh where Kalu succumbed to his injuries. Over the incident informant lodged the FIR on 31.12.1984 at 14.25 hours. 3. In all 17 persons were put on trial to answer the charges under different sections of the Penal Code including section 302/34. ..Category: Criminal Law | Date: | Hits: 38
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......D) 54. Lawyers Involved: A.K.M. Faiz, Advocate, instructed by Taufiuqe Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 556 of 2007. &nbs......he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ...... 3. The case record ultimately came to the file of the learned Sessions Judge, Chittagong, who transferred the same to the Court of 1st Additional Sessions Judge, Chittagong for trial. The accused petitioners filed and application under Section 265C of the Code of Criminal Pr..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....and. 7. The learned Counsel further submitted that it is not a case of adverse possession and the main point is whether the property which was sold to the defendant was rightly or wrongly recorded in the kabala deed and whether the plaintiff is in possession of the su......an, Senior Advocate with A.K.M. Ali, Advocate instructed by Md. Nawab Ali, Advocate-on- Record-For the Respondent No.1. None represented -For the Respondent Nos. 9-10. Civil Petition for Leave to Appeal No. 447 of 2006. (From the judgment and order dated the 4th January, 200...... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ......itioner under Order 41 Rule 27 of the Code of Civil Procedure for admitting additional evidence on record cannot be entertained at this stage as it was not a case of the petitioner before the trial Court or the appellate Court and having failed to do so before the Courts below they arc subm..Category: Property Law | Date: | Hits: 29
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.....95 acre of land has been recorded in the name of Mokbul Hossain in new plot No. 5333 under the D.P. Khatian No. In the alleged deeds the Khatian No. 1482, old Plot No. 2754, new Plot No. 5333 were rightly written and there was no mistake in the deed. There was no mistake in the deed dated 27.06...... Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented- For Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 1146 of 2006. (From the judgment and order dated 12.04.2006 passed b...... 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: V ADC (2008) 952. ......g failure of justice in not finding that the court of appeal below upon misconception of law and misreading of the evidence illegally allowed the appeal and reversed the judgment and decree of the trial Court without adverting to the finding of the trial court with proper reasoning. He lastly su..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ...... October 2, 2007. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners Respondents-Not Represented. Civil Petition for Leave to Appeal No. 227 of 2006 ......he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ...... of the plaintiff-defendant No. 3 took Tk.60,000/- as soletium. The plaintiffs have got no title and possession and therefore the suit is liable to be dismissed with costs. 4. The trial Court upon examining both oral and documentary evidence on record decreed the suit against wh..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....1, Taruni Chandra Das, the defendant No.2 and Ramesh Chandra Das. The recorded tenant Ramesh Chandra died leaving behind his son Manoj Kumar Das, the defendant No.3. The defendants Nos.1-3 have got right, title and possession to the extent of two anas eight pies. The recorded tenant Ramesh Chand......lved: Abdul Quayum, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not Represented -For the Respondents. Civil Petition for Leave to Appeal No. 556 of 2006 (From the judgment and order dated 25.10.2005 passed by ......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......ls of land to the defendant No.5 by registered deed of kabala dated 2.8.1975 and delivered possession. By constructing dwelling house, this defendant is residing therein. 6. The learned trial Judge while trying the suit framed as many as seven issues as to whether the suit is maintai..Category: Property Law | Date: | Hits: 23
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