Search Options
Judgment Advanced Search
Displaying 3701-3720 of 4866 results.
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....ssession of the suit land was delivered in favour of the Madrassa and the Madrassa has been possessing the same for more then 12 years by erecting shops thereon and thereby the defendant has acquired right and title over the suit land by way of adverse possession also. 5. Mr. Nurul Islam Bhuiyan,......nt Judgment May 20, 2007. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1356 of 2005. (From the judgment and order dated 22nd March, 20Q5 passed ......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......d decreed the Suit being failed to appreciate the evidences on record in its proper perspective and came to an erroneous finding that the Appellate Court below reversed the judgment and decree of the trial Court without reversing the findings of the trial Court and came to wrong finding resulting in..Category: Property Law | Date: | Hits: 42
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....ence of date of cause of action for filing the complaint and, in fact, there being lack of cause of action giving rise to the complaint itself, the High Court Division in exercise of its jurisdiction rightly quashed the proceeding and did not exceed the jurisdiction nor misdirected itself in any w......neral instructed by B Hossain, Advocate-on-Record— For Respondent No. 2. Criminal Appeal No. 04 of 2007. (From the judgment and order dated 15-6-2004 passed by this Court in Criminal Petition for Leave to Appeal No. 12 of 2003). Judgment Md. Abdul Matin J. - Complainant petitioner Niza......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 ......ithin the knowledge of the complainant and requirement of its disclosure will result in stifling the prosecution and depriving the complainant from proving the prosecution case by evidence at the trial and that the presumption under section 27 of the General Clauses Act as to the registered post..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, therefore, does not offend an under-trial prisoner’s fundamental right of equality before law or equal protection of law, rather it ensures his right to speedy trial......e Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular ac......ng, inter alia, that the petitioner is the elected Chairman of Basurhat Pourashava, Upazila Companigonj, District-Noakhali. He is the younger brother of former State Minister for Youth and Sports Affairs, Md. Obaidul Kader, who was elected as a Member of Parliament being nominated by Bangladesh Aw......har Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, ..Category: Criminal Law | Date: | Hits: 59
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....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. ......May 20, 2008. Result: The appeal is allowed. Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a bar to the institution ......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. ......93 or 128 of the Ordinance …………(13) Sanction under section 170 of the Ordinance The question of validity of the sanction or any defects in it can only be determined by the trial Court……….(14) Cases Referred to- MA Hai vs. TCB 40 DLR (AD) 206; Nes..Category: Fiscal/Taxation Law | Date: | Hits: 97
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
.... Vokalatnama, was supposed to appear before the High Court Division and argue the case but he prayed for time raising the ground of the death of the sole conducting lawyer and as such the Rule was rightly dismissed. The learned counsel further submits that the claim of the petitioners that they ......t the judgment and order dated 2-11-2000 of a Single Bench of the High Court Division passed in Civil Revision No. 10067 of 1991 rejecting the application filed by the plaintiff/appellants praying for restoration of the Civil Revision No. 10067 of 1991 to its file and number. 2. The plai...... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ......unsif (now Assistant Judge), Habiganj for specific performance of contract. Out of six defendants only the Government of Bangladesh, the defendant No. 6, contested the suit. After hearing the trial court by judgment and decree dated 29-11-1983 dismissed the suit. Being aggrieved the plainti..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....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. ......y the High Court Division in Civil Revision No. 2444 of 1999 and Appeal From Original Decree No. 533 of 1991.) Judgment Md. Joynul Abedin J.- Since the above appeal and civil petition for leave to appeal involve similar question of fact and law, they are disposed of by this single j......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. ......wn. The plaintiffs have no title, interest and possession in the suit land and accordingly they manufactured false documents and filed the suit with a view to grabbing the suit land. 6. The trial court decreed the suit. The contesting defendants thereafter took appeal and the appella..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ...... the High Court Division in Civil Revision No. 2136 of 1997 discharging the rule. 2. The plaintiff respondent instituted Title Suit No. 35 of 1993 renumbered as Title Suit No. 40 of 1985 before the learned Assistant Judge, Biswanath in the District of Sylhet who decreed the suit. The def......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......who decreed the suit. The defendant appellant preferred Title Appeal No. 128 of 1995 which was heard by the learned Subordinate Judge, 3rd Court, Sylhet who affirmed the judgment and decree of the trial court. Thereupon the defendant moved the High Court Division under Section 115 (1) of the Cod..Category: Property Law | Date: | Hits: 26
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....issions of the learned Additional Attorney Generally the learned Counsel for the Respondent has submitted that searching of the Respondent's house at 3.30 am being violative of the fundamental right and that material alleged to have been collected upon resorting to illegal procedure and the......lly sustainable in law but if a Rule is issued on this application there will be further delay in the disposal of the case particularly when the petitioner has been languishing in hajot (detention) for about 4 years. In that view of the matter, in exercise of inherent powers we direct the Sp......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. ...... (arising out of Special Tribunal Case No. 25 of 2003, G.R. Case No. 42 of 2001 of the Special Tribunal No. 1 of Laxmipur). The appeal is as regard the order which runs as:- “The trial of the petitioner under Section 25A is not legally sustainable in law but if a Rule is issued..Category: Criminal Law | Date: | Hits: 38
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....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. ...... and P.W.17 Inspector Aktaruzzaman went to Eskaton Garden to trace the movement of respondent Md. Liaquat Hossain an accused in Dr. Milan murder case and at about 17.05 hours they got secret information that respondent had been staying with arms in Sabujsangha Club at No.1 Eskaton Garden and......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. ......as been falsely implicated in the case. 5. Under the aforesaid Sections of law the charge was framed and same was read over to the accused on dock to which he pleaded not guilty and demanded trial. 6. The prosecution examined 12 Pws. all of whom were cross examined by the defence. T..Category: Criminal Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
....duly recommended and identified by the accused Md. Abdus Sobhan and Md. Atiar Rahman respectively who were the then filed officer and Chairman of the local Union Parishad respectively and therefore rightly found Md. Rafiqul Islam not guilty and acquitted him. 11. It further appears that th......ed: A. F. M. Mesbahuddin, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 240 of 2006 (From the judgment and order dated 13.04.2006 passed by ...... 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. ...... 4. Then the case record was sent to the learned Special Judge, Jessore. Who framed charge on the basis of the materials available on record to which they pleaded not guilty. 5. During trial the prosecution examined 12(twelve) witnesses while the defence examined none. 6. The ..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....olding post-mortem examination over dead body of the deceased, in his evidence stated that they found the following injuries on the person of the deceased: 1. One abrasion on the face below right ear measuring about 1½” in diameter. 2. One bruise extending from right side of the fa......adrasa. Accused Salim and Illias received a sum of Tk.2100/- from him on the assurance of getting him passed in the Dakhil Examination. But they could not get him passed in the said examination. Therefore, Majibur Rahman demanded back the money from them. Over the same matter relation between them b......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. ......estigation submitted charge sheet under section 302/34 of the Penal Code. 3. Defence plea was one of innocence and false implication. 4. The prosecution examined 19 witnesses in the case. The trial Court on consideration of the materials on record convicted accused Salim, Azahar and Nasir ..Category: Criminal Law | Date: | Hits: 26
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....aleque and Abdul Haque, predecessor-in-interest of the defendant Nos.2 to 12 has not been acted upon, ineffective and that the vendees are the banamders for the vendor Abdul Karim Hajra and that no right, title and interest accrued to the vendees on the strength of the aforesaid deed of sale. ......itioners. Syed Amirul Islam, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No. 11. Not represented- Respondent Nos.1-10 & 12-38. Civil Petition for Leave to Appeal No. 605 of 2005. (From the judgment and order dated 09.08.2004 passed by......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......ous possession of the suit land and both the S.A. and the R.S. Khatians were recorded in the name of the plaintiffs. The plaintiffs also paid upto date rents in respect of the suit land. The trial court found that the land revenue of the suit land has been paid by the plaintiffs and the..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
.... Mohammad Khan sold the suit land to the plaintiff on 14.02.1978 at a consideration of TK. 10,000.00 and since purchase the plaintiff has been possessing the suit land. The defendants have no right, title or possession in the suit land but they threatened the plaintiff with dispossessi......rul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 199 of 2006. (From the judgment and order dated the 23rd March, 2005......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. ......ever threatened the plaintiff with dispossession and the suit liable to be dismissed. 4. Mr. Shahabuddin Ahmed, learned Senior Advocate, appearing for the petitioner submitted that the trial Court while dismissing the suit found correctly relying on Exts- 'A’ and 'B' that the ..Category: Property Law | Date: | Hits: 19
Sheikh Intaz Ali and others Vs. Solaiman Tarafder and others, 2006, 35 CLC (AD)
....iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ...... Judgment April 24, 2006. Lawyers Involved: Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1231 of 2004. (From the Judgment and Order dated May 16, 2004 passed......iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ......aneous Case No. 17 of 1993 allowing the same and thereby restoring the Title Suit No. 40 of 1985 to its original file and number upon setting aside the ex parte decree passed therein. 2. The trial Court allowed the Miscellaneous case upon an application filed under order 9, Rule 13 of the ..Category: Procedural Law | Date: | Hits: 78
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
.... 4. The trial Court decreed the suit on the finding that the suit as framed is maintainable and not barred by limitation and that also not bad for defect of party, that the plaintiff has right, title, interest and possession in the land in suit. 5. On appeal the judgment and......06. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.758 of 2005. (From the Judgment and Order dated April 12, 2005 passed......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. ......d Tazu Mia did not acquire any title and interest in the land in suit and that the plaintiff has also no possession in the land in suit and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on the finding that the suit as framed is maintainable and not ba..Category: Property Law | Date: | Hits: 22
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....e suit land stating, inter alia, that the suit land originally belonged to 3 (three) brother namely, Hashimullah, Nashibullah and Thandai Ullah and they were in possession and accordingly record of right were prepared in their name and they enjoyed the property by digging doba in the suit land. Th......volved: Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Muhammad Nazrul Islam, Senior Advocate, instructed by N. I. Bhuiyan Advocate-on-record- For the Respondents. Civil Petition for Leave to Appeal No. 274 of 2005 (From the judgment and order dated 5th April, 2004 passed by ......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. ......ecord of right has a presumptive value of its correctness. All the entry in the record of right appears in the name of the plaintiff’s predecessor Mir Box who obtained pattan from the Zaminder. The trial Court as well as the appellant Court considering all the evidences on record came to a concr..Category: Property Law | Date: | Hits: 21
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......bsp; Lawyers Involved: Faruque Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1350 of 2005 (From the judgment and order dated 25.6.2005 passed by ......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......der Order 7, Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that the suit is barred by section 14(A) of the (Emergency) Requisition of the Property Act, 1948. The trial court rejected the petition by order dated 22.1.2004 and against this order the petition..Category: Property Law | Date: | Hits: 31
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ...... Kazi Shahadat Hossain, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record-For the Petitioner. Abu Siddique, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1159 of 2005 (From the judgment and order dated 13.7.2005 passed by t......correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ......tiff-respondent. 3. The fact briefly stated is that both the plaintiff and defendant claimed that the disputed child was born of them and they are the mothers of the disputed child. The trial Court on consideration of the evidence on record concluded that the plaintiff could..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....ate Judge, Chittagong which was subsequently renumbered as Other Class Suit No.93 of 1984 against the respondents impleading them as defendants praying for a decree declaring plaintiffs' right, title and interest in the schedule-1(ka) of the suit land and that plaintiffs are entitled t...... Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate- on-Record- For Respondent No. 13. Not represented- Respondent Nos. 1-12 and 14-25. Civil Petition for Leave to Appeal No.133 of 2006 (From the judgment and order dated the 20th November, 200......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. ......dents and none of the respondents had filed any cross objection as per provision under Order 41 Rule 22 of the Code of Civil Procedure, this Division modifying the judgment and decree of trial Court declaring right, title, interest in schedule property in favour of all the respondents ..Category: Property Law | Date: | Hits: 25
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find 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) 392. ......volved: A.J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 601 of 2005 (From the judgment and order dated the 22nd March, 2005 passe...... the above, we find 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) 392. ......er got possession, no question of dispossession arose, the suit is liable to be dismissed. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioner submitted that the trial Court while decreeing the suit overlooked that the suit was under Section 9 of the Specific Re..Category: Property Law | Date: | Hits: 42
26592657265626512649264826472645264226412640263826372634263326312629262826272625