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Shahar Ali and others Vs. State, 2008, 37 CLC (AD)
....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ......No.142 of 1993 by the learned Additional Sessions Judge, First Court, Mymensing convicting the petitioners under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk.5,000/- each in default to suffer rigorous imprisonment for 6(six)......e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ...... 6(six) months more. 2. Mainul Hosein, the learned Senior Advocate who appeared on behalf of the petitioners has referred to relevant observations of the High Court Division and also of the trial court and submitted that both the courts below relied on the confessional statement of accuse..Category: Civil Law | Date: | Hits: 87
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....notice under Section 5(1) is only the first step in the acquisition of a property. The Government may decide not to acquire the property on the report of the authorized officer and accordingly, no right or obligation arises due to issuance of a notice declaring merely the intention of Government......rbitration Case No.296 of 2000 of the Arbitrator and Joint District Judge, Dhaka dismissing the appeal and allowing the Cross-Appeal with cost and sending the case back on remand to the Arbitrator for assessment of compensation afresh of the appellant's land acquired from date of service of noti......d. The learned single judge of the High Court Division missed the appropriate law for latches of the Government; but the valuation at TK.30,000.00 per acre is found to have met the ends of justice, fairness and equity in this case in the circumstances as shown above. 15. In the instant ca...... purchased land and developed it and converted the same into bhiti land. The aforesaid bhiti land with an area of 11.5750 acres of C.S. Plot Nos.45, 46, 48, 49, 70 and 76 along with running 8 industrial units set up by the appellants at a huge cost was purportedly acquired by the respondents und..Category: Property Law | Date: | Hits: 37
Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)
....arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ...... Nizamul Huq, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners (In both the cases) Not Represented- For the Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 553-554 of 2007. (From the judgment and order dated 21.5.2007 by the Hig......arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ......e and false implication. The work of the project was done utilizing the entire rice withdrawn and correct ‘'Master Roll' was submitted. 5. The learned Divisional Special Judge, Chittagong after trial found the accused-petitioner guilty under sections 409, 468, 109 of the Penal Code and section..Category: Anti-Corruption Laws | Date: | Hits: 117
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....r the information of assessors and officers, and intended to promote method, system, and uniformity in the modes of proceeding, a compliance or non-compliance with which does in no respect affect the rights of tax-paying citizens. These may be considered directory. Officers may be liable to legal an......sented by Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents Judgment August 20, 2008. Result: The petition for leave to appeal is dismissed. Cases Referred to- Mozammel Hoque Vs. The State and anothe......tin J A. H. M. Mustafa Kamal @ Lotus Kamal ...........Petitioner Vs. Government of the People’s Republic of Bangladesh represented by Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents Judgment Augus......n No. 8254 of 2007. 4. The facts of the case of the petitioner are as under:- 5. The petitioner is a law abiding and peace loving citizen of Bangladesh, and Income Tax Payee businessman, industrialist and earner of huge foreign currency for the country. He is a highly qualified man and he wa..Category: Civil Law | Date: | Hits: 125
Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)
..... That said Molamdi Sk. died issueless and his brother Ebrahim Sk. inherited his (Molamdi) share in full and thus Ebrahim Sk. became owner in the suit jote to the extent of 2 annas and he being in right, title and possession as such sold his share measuring .11 decimal of land to the plaintiff v...... by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-18. Civil Petition for Leave to Appeal No. 218 of 2006. (From the judgment and order dated 30.07.2005 passed by......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......ession thereto transferred 15¾ decimals of land therefrom and the said purchase have been possessing the same and accordingly prayed for dismissal of the suit with cost." 4. The trial Court on consideration of the materials on record decreed the suit. On appeal being Title App..Category: Property Law | Date: | Hits: 26
Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)
.... knowledge of the plaintiffs. 4. The trial court on consideration of the materials on record held that the transaction in question is a past and closed one and as such the plaintiffs have no right of redemption and accordingly dismissed the suit. On appeal in Title Appeal No.689 of 1999 th......y Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Review Petition No. 90 of 2007. (From the judgment dated 15.05.2007 passed by the High Court Division in Civil Petition for Leave to Appeal No. 885 of 2005). Judgment &n......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ......t the heirs of the mortgagors and the defendants having purchased a portion of the suit land have been in possession of the same for a long period to the knowledge of the plaintiffs. 4. The trial court on consideration of the materials on record held that the transaction in question is a ..Category: Property Law | Date: | Hits: 41
People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....ge and the learned District Judge rejected the application summarily by his order dated 14.05.2005 on the ground of pecuniary jurisdiction. In view of our above discussion, the learned District Judge rightly turned down the revisional application." The High Court Division further held that some othe......8. Lawyers Involved: Hassan Faiz Siddique, Additional Attorney General instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 08.02.2006 passed by a F......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......t under Section 24 of the Code of Civil Procedure, the District Judge on an application of any of the parties or suo-motu may transfer at any stage any suit, appeal or other proceedings before it for trial or disposal to any court Subordinate to it and competent to try or dispose of the same and in ..Category: Limitation Law | Date: | Hits: 171
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ...... Court Division in Civil Revision No. 1874 of 1993 making the Rule absolute. 2. The plaintiff instituted Title Suit No. 214 of 1973 which was subsequently reÂnumbered as Title Suit No. 47 of 1987 for decÂlaration of title and recovery of khas possesÂsion in respect of 2nd schedule land and the......ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ...... rent. The plaintiff then instituted Money Suit No. 48 of 1960 in the 3rd Court of Munsif (now Assistant Judge), Comilla for realizaÂtion of the arrear rents but the suit was disÂmissed by both the trial Court and the appelÂlate Court. 7. The trial Court and the appellate Court concurrently he..Category: Tenancy Law | Date: | Hits: 141
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
....table one and to seek the same one must come with clean hands and since two Judges of the High Court Division held that the petitioner did not come to the High Court Division with clean hands have rightly found the writ petition as not maintainable. 15. This finding of the High Court Divi......ision (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd..........Petitioner Vs. A B Siddiq (Ludu)............ by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ...... totaling US$ 92,950 for importing the said fax machines. To secure the entire facilities respondent No.1 executed Letter of Guarantee, Demand Promissory Note, which were exhibited in the trial Court. Besides those, respondent No.1 executed all charge documents/ BM agreement. ..Category: Business or Commercial Law | Date: | Hits: 122
Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)
.... Teachers' Association is a registered Association having registration No. 1808/75 of 1962-1963 and that the defendant being the President of the Bangladesh Primary Teacher's Association has a right to carry out the activities as such and that the plaintiffs' suit is liable to fail. ......nstructed by Syed Mahbubur Rahman, Advocate-on-Record. Md. Nawab Ali, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 958 of 2005. (From the judgment and order dated 11-5-2005 passed by ......sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ...... defendant being the President of the Bangladesh Primary Teacher's Association has a right to carry out the activities as such and that the plaintiffs' suit is liable to fail. 4. The trial Court on consideration of the materials on record decreed the suit. On appeal in Title A..Category: Civil Law | Date: | Hits: 83
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......ique, Advocate-on-Record— For the Respondent. Civil Review Petition No. 88 of 2005. (From the judgment and order dated 25th June, 2005 passed by this Division in Civil Petition for Leave to Appeal No. 329 of 2005). Judgment &n......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......d of taking any possession thereof and also from disturbing him with his peaceful possession therein stating, inter alia, that his father, Abdur Rahman acquired the suit property from the Industrial Corporation Limited on the basis of an agreement dated 24-3-1954 and purchased shares of the..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....the learned District Judge rejected the application summarily by his order dated 14-5-2005 on the ground of pecuniary jurisdiction. In view of our above discussion, the learned District Judge rightly turned down the revisional application," The High Court Division further held tha...... Hassan Faiz Siddique, Additional Attorney-General instructed by Zainul Abedin, Advocate-on-Record— For the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 8-2-2006 passed by ...... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ...... section 24 of the Code of Civil Procedure, the District Judge on an application of any of the parties or suo motu may transfer at any stage any suit, appeal or other proceedings before it for trial or disposal to any Court Subordinate to it and competent to try or dispose of the same a..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
.... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ......Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. T. H. Khan, Senior Advocate, instructed by A.K.M Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 992 of 2006. (From the judgment and order dated 25.06.2006 passed by...... situated in the suit land and daily Seba Puja is going on and deity on Modon Mohan Goura Netai arid Sree Sree Kali Mata are situated there and a committee for managing the temple and day to day affairs of the property and Mandir and thus, committed illegality In the decision. 4. Mr. T. H...... Court Division discharged both Rules. 3. Mr. Harandra Nath Nandi, learned Advocate, appearing for the petitioner submitted that the High Court Division failed to appreciate the findings of trial Court passed in Title Suit No. 21 of 1993 dated 05.04.1997 to the effect that the Petitioner ..Category: Civil Law | Date: | Hits: 100
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Appellant. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 475 of 2006. (From the judgment and order dated 20-07-2006 passed by......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......used petitioner under Sections 19A and (f) of the Arms Act and submitted F.I.R. against the rest. 4. The case record ultimately came to the file of the Special Tribunal Judge concerned for trial, who framed charge against the accused-petitioner under Sections 19A and (f) of the Arms Act..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
.... land in suit the High Court Division has observed that the Government failed to prove their possession by producing their lessees and thereupon observed "Thus I find that the trial Court has rightly decreed the suit". 10. Leave was granted to consider the submissions that the H......e judgment and decree dated September 2, 1985 of the Court of Munsif (now Assistant Judge), Monirampur Upazilla, Jessore, passed in Title Suit No. 19 of 1984 decreeing the same. The suit was filed for declaration of title and for confirmation of possession in the land described in the schedule. ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ...... are in possession of the land in suit. It was also the case of the contesting defendant that the plaintiffs by creating forged and ante-dated documents want to grab the land in suit. 4. The trial Court on consideration of the evidence brought on record by the parties decreed the suit on t..Category: Property Law | Date: | Hits: 24
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... competence that the petitioners are discharged by the Magistrate on his satisfaction upon two successive inquiry reports transpiring no complicity against them and the order of discharge become a right vested in them which they are legally entitled to defend and the right to defence in such ci......lved: Moazzam Hussain, Advocate, instructed by Syed Mahbubur Rahaman, Advocate-on-Record- For the Petitioners. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.168 of 2004 Judgment ...... against them and the order of discharge become a right vested in them which they are legally entitled to defend and the right to defence in such circumstance is more in consonance With justice and fair-play than shutting it out. 8. It appears from the record that the case was filed over ......st petitioner No. 1 and 20 accused persons for the offence punishable under section 302 and 120B of the Penal Code. It was also reported by him that the learned Sessions Judge, Jessore who held the trial acquitted all the accused persons on 4.2.1975. It was further stated in the inquiry report th..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ...... Lawyers Involved: M. A. Aziz Khan, Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 1408 of 2003. (From the judgment and order dated 16.06.2003 in Writ ......ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......under Section 19A and 19(f) of the Arms Act being Mirpur P.S. Case No. 6 dated 26.11.1996. The case being investigated charge sheet was submitted against the accused petitioner accordingly. During trial the accused petitioner was released on bail, but he absconded. Be that as it may, prosecution..Category: Criminal Law | Date: | Hits: 24
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ...... Judgment October 27, 2005. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented - the Respondents. Civil Petition for Leave to Appeal No. 9 of 2004. (From the judgment dated May 21, 2003 passed by the High......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......sion to the pre-emptees (purchasers). As against that it was the contention of the pre-emptee that the seller on the very day of sale vacated the land and made over possession to him. 3. The trial Court allowed the prayer for preemption on the finding that the pre-emptors are co-share..Category: Property Law | Date: | Hits: 21
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....t the appellate Court while setting aside the order of the trial Court did not reverse that material finding that the tenant i.e. the present petitioner is a defaulter. The High Court Division has rightly held that the miscellaneous cases were not maintainable since tenant was defaulter prior to......, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. (In all the cases) Mrs. Khaleda Zaman, Advocate-on-Record-For the Respondent (In all the cases) Civil Petition for Leave to Appeal Nos. 199-201 of 2004 Judgment ......the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......bsp; was served on the tenant to handover possession of the premises in question to the landlord. 4. The trial Court rejected the Miscellaneous cases on the finding that the tenant i.e. petitioner in the ..Category: Civil Law | Date: | Hits: 104
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......Shahidul Huq, Advocate-on-Record- For the Petitioners. Mrs. Khursheed Jahan, Advocate-on-Record-For Respondent Nos. 1-4. Not represented-Respondent Nos. 5-55. Civil Petition for Leave to Appeal No.102 of 2006 (From the judgment and order dated 16.11.2005 passed by t......t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......f the pre-emptees through oversight. The co-sharership of the pre-emptee remains unaffected since they are also co-sharers by inheritance. So, the case is liable to fail against them. 4. The trial court allowed the pre-emption case. On appeal being Miscellaneous Appeal No.9 of 1988, the a..Category: Property Law | Date: | Hits: 19
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