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Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....d the learned Counsel for the petitioner and perused the connected papers as well as the impugned judgment. We are of the view that the High Court Division upon consideration of the comÂplaint and also on appreciation of law arrived at a correct decision. There is, therefore, no cogent reason to in......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......ection 138 of the Negotiable Instruments Act against the accused petitioner. 4. On 8th October, 2006 the case record was transmitted to the Court of Metropolitan Sessions Judge, Chittagong for trial which was registered as Sessions Case No.1062 of 2006. The learned Sessions Judge took cogniza...... Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Ismail alias Haji Md. Ismail………………..Petitioner Vs. The State and another……... Respondents Judgment February 3, 2010. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 34
Mithu Vs. State, 2009, 38 CLC (AD)
....ition for Leave to Appeal No. 560 of 2007 by which leave petition was dismissed. 2. The facts leading to presentation of the review petition are that the petitioner along with other accused persons were convicted under Sections 302 and 34 of the Penal Code and sentenced to death and also to p...... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ......er Sections 134/448/326/307/302 and 34 of the Penal Code. 4. The prosecution in proof of culpability of the accused persons including the petiÂtioner examined 18 witnesses. On concluÂsion of trial all accused persons including petitioner were examined under Section 342 of the Code of Crimin......Senior Advocate, instructed by AKM Shahidul Huq, Advocate-On-Record-For the Petitioner. Not Represented-the Respondent. Criminal Review Petition No. 3 of 2009. (From the judgment and order dated 9th November, 2008 passed by this Appellate Division in Criminal Petition for Leave ..Category: Criminal Law | Date: | Hits: 46
Azam Reza Vs. State, 2010, 39 CLC (AD)
....and 21.07.2008 passed by the High Court Division in Death Reference No.06 of 2005 corresponding to Criminal Appeal No.322 of 2005 and Jail Appeal No. 40 of 2005 sentencing the petitioner to life imprisonment. 3. Criminal Petition for Leave to Appeal No.17of 2009 has been filed by the accused peti......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingÂly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ...... was recorded. Accordingly final report was submitted in the Unnatural Death Case. After investigation of the murder case charge sheet was subÂmitted against the accused, who eventualÂly was put on trial in the Druto Bichar Tribunal No.4, Dhaka, wherein charge under Sections 302 and 201 of the Pen......ment of the High Court Division and accordingÂly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ..Category: Criminal Law | Date: | Hits: 100
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
...., arising out of Saturia Police Station Case No. 5(7)94 convicting the appellants alongwith another under Sections 457/326/307/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for a period of three(3) years and to pay a fine of Tk.500/-only each in default to suffer r...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......ppellate Division (Criminal) Present: MM Ruhul Amin CJ Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Matin Sarker @ Mathin and another……….............Appellants Vs. The State………………………....Category: Criminal Law | Date: | Hits: 45
Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)
....irul Haque J.- This is a petiÂtion for leave to appeal in respect of the judgment and order dated 17.12.2008, passed by the High Court Division in Civil Revision No.371 of 2000, in making the Rule absolute and dismissing the suit. 2. The facts of the case in short are that the admitted owner......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ...... ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Farid Khan…………………….................Petitioner Vs. Md. Delower Hossain and others…..........Respondents Order March 14, 2010. Lawyers Involved: ..Category: Property Law | Date: | Hits: 23
Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and othÂers, 2009, 38 CLC (AD)
....d by the Joint District Judge, Court No. 1, Rangpur. As such, they preferred a revisional application before the High Court Division in Civil Revision No. 76 of 2001 but after hearing, the Rule was also discharged by the judgment and order dated 18.03.2009, concurring with the judgments and orders p......ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ...... Present: Mohammad Fazlul Karim CJ BK Das J ABM Khairul Haque J Md. Sahfuzul Islam alias Shafizul…………….....Petitioner Vs. Md. Amjad Hossain and othÂers.....................Respondents Judgment October 23, 2009. Lawyer..Category: Property Law | Date: | Hits: 21
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....on receipt of the balance amount after mutating the suit property. As per terms of the agreement the plaintiffs requested in January, 2000 to execute and register the sale deed but the defendant with some false pleas took time and finally on 1st April, 2009, the defendant refused to execute and regi......low. Considering the facts and circumÂstances of the matter, we find no merit in this petition, which is accordingly disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......e of his illiteracy created a colluÂsive deed. As a matter of fact, he executed a deed of mortgage at a consideration of Tk. 25,000/-. The suit is, therefore, liable to be dismissed. 4. The trial court on consideration of the evidence on record by judgment and order dated 26th February, 20...... Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Asheque Ali...........Petitioner Vs. Md. Shamsul Hoque Sarder and others…........Respondents Judgment February 15, 2010. Lawyers Involved: ..Category: Property Law | Date: | Hits: 17
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....operation of the impugned judgment and order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disÂposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......nd order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disÂposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......nd order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disÂposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ...... Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Biman Bangladesh Airlines and others………....Petitioners Vs. Al Rojoni Enterprise, repreÂsented by its Prop..Category: Civil Law | Date: | Hits: 85
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....n the judgment of the High Court Division and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......refore the inland carrier is responsible and the damages as claimed is to be recovered from the carrier and accordingly advised the plaintiff. The plaintiff failed to furnish the required docÂuments called for by the defendant No. 4 and though the photograph of the damÂaged goods were taken but th......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ...... Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Sadharan Bima Corporation and another……………..........Petitioners Vs. LG Engineering Co. Ltd and othersâ..Category: Business or Commercial Law | Date: | Hits: 186
Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....ff, in brief, are that admittedly the land described in schedule-I to the plaint belonged to Nolini Kumar Dey and the land described in Schedule-II belonged to Jogendra Lal in raiyati right. Nolini sold the lands described in schedule-I to Moni Bala Dey by a kabala dated 20.06.1947 while Jogendra ......ch circumstances, the conÂtentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ...... the entire suit land. Thereafter, he by a kabala regisÂtered on 24.10.1972, transferred the suit land to Surja Kumar, the father of the defendant No.2 and he is in possession of the same. 6. The trial Court by its judgment and decree dated 16.10.2003 found that the kabalas executed registered b......ate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Saleh Ahmed…………..................Petitioners Vs. Sreemati Rani Prava Mitra and others…………......Respondents Judgment January 26, 2010. Lawyers Involved: Abd..Category: Limitation Law | Date: | Hits: 181
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
....holding lands contiguous to the lands transferred under section 96 of the State Acquisition and Tenancy Act. Petitioner's case in short is that Rashed Miah Bhuiyan, Tanu Miah Bhuiyan, Abdur Razzaque, sons of Soa Miah Bhuiyan were the owners of lands in D.S. Khatian No. 657 corresponding to M.R.R. kh...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......lear as to in which portion of plot No.2261 the pre-emptor is in possesÂsion and that he has not specifically menÂtioned in the pre-emption petition in support of the claim as contiguous owner. The trial Court also found that the pre-emptor is not a contiguous owner of the lands transferred. In th......late Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J SK Sinha J Golam Mostafa Bhuiyan…………....Petitioner Vs. Abu Taher and others……………Respondents Judgment August 18, 2009. Lawyers Involved..Category: Property Law | Date: | Hits: 33
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....ntiffs preferred this petition for leave to appeal from the judgment and order dated 16th August, 2009 of a Single Bench of the High Court Division in Civil Revision No.5266 of 2004 making the rule absolute and setting aside those dated 26th July, 2003 of the learned Additional District Judge, Siraj......the rules. The operation of the impugned judgÂment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......le Bench of the High Court Division by judgment and order dated 16th August, 2009 made the rule absolute by setting aside those of the Court of appeal below and restored the judgment and order of the trial Court. 5. Mr. Mahbubey Alam, learned counsel appearing for the petitioners contended th......VII ADC (2010) 397. ..Category: Property Law | Date: | Hits: 25
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
....is application for leave to appeal is directed against the judgment and order dated 11.5.09 of a learned Single Judge of the High Court Division making the rule being Civil Revision No. 157 of 2003 absolute and thereby setting aside the judgment and decree of the courts below and decreeing the suit ......as been wrongly recorded in the name of one Aderjaman and other, predecessors of the defendants in khatian No.117. The plaintiff learnt about the wrong record in the S.A. khatÂian on the basis of so-called partition suit No.172 of 1929. The defendant no. 5 with the help of other defendants forcibly......earned District Judge, Brahmanbaria, and that the 1st Court of the Additional District Judge, Brahmanbaria by judgment and decree dated 23.7.2002 dismissed the appeal and affirmed the decision of the trial Court. 6. Being aggrieved thereby the plaintiff as petitioner moved the High Court Divi......il) Present: MM Ruhul Amin CJ Shah Abu Nayeem Mominur Rahman J BK Das J Shahin Mia…………….….......Petitioner Vs Parul Begum wife of Ibrahim and others…………….....Respondents Order December 17, 2009. Lawyers Invo..Category: Property Law | Date: | Hits: 43
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ul Haque J.- This appeal by leave is directed against the judgment and order dated 8.5.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 1979 of 2000, makÂing the Rule absolute and setting aside the judgment and order dated 6.3.2000, passed by the Additional District Ju......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ision No. 2116 of 1993, previously filed by the pre-emptee-respondent, was also discharged by an order dated 19.6.1996. Thereafter, the Pre-emption Miscellaneous Case No. 80 of 1991, proceeded in the trial Court and after a contested hearing the said case was dismissed by the trial Court by its judg...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Muhammad Ali ....................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: ..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....laneous Case No. 62 of 1995, contending inter alia that the papers and documents in support of the possession of the defendant had been filed earlier in Court. 5. The learned Assistant Judge also found the necessary documents in the record of the suit. Thereafter, by his judgment and order da......reads as follows: "8.........................the plaintiff again brought the defendants back and allowed them to live as licensee in another but standing on the 'C' schedÂule land hereinafter called the suit property. 9. ..........The defendants had to live in a rented house outside t......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ...... Present: Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Walilullah being dead his heirs: Hassan Jahid (Babu) and others ...........Appellants Vs. Hasina Begum and others………........Responden..Category: Civil Law | Date: | Hits: 105
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....ourt Division in Criminal Revision No.218 of 2002 discharging the Rule. 2. The prosecution case, in short, is that the appellant as complainant filed a petition of complaint against the accused-persons alleging, inter alia, that they committed an offence of forgery, interpolation, wrongful gain a......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......m the writing to the Government for sanction for prosecution. 5. Mr. Mansur Habib, learned Advocate, appearing for the petitioner submitted that the High Court Division failed to consider that the trial Court directed to issue letter for sanction for prosecution of the accused public servants and...... Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Malek Hussain Pir.................Appellant Vs. Begum Nurjahan Khanum and others...................Respondents Judgment August 12, 2009. Lawyers Involved: Man..Category: Criminal Law | Date: | Hits: 46
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....rict Noakhali at present Feni and while as owner in khas leased out the same to one Nurul Huq Meah and Basirullah by registered kabuliyat dated 25.6.1951, Basirullah gifted his portion of land to his son Oziullah by a heba deed on 6.6.1963. Thereafter Oziullah and said Nurul Huq transferred the suit......and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ...... suit land having accreted from recess of the river as addition to the khas land of the previous landlord the plaintiff created some forged deeds and filed the instant suit to grab the suit land. The trial Court after hearing, by judgment and decree dated 30.10.1991 decreed the suit. The defendant t...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Banglades..Category: Property Law | Date: | Hits: 24
....int District Judge and Artha Rin Adalat, 3rd Court, Rajshahi, in Money Execution Case No.38 of 1995 arising out of Artha Rin Suit No.16 of 1992 by which the writ petitioner was ordered for civil imprisonment for a period of three months (90 days) under the provisions of Section 34 of the Artha Rin A......sions of Section 34 of the Artha Rin Adalat Ain, 2003, we are of the view that the impugned judgment and order has been passed by the High Court Division in accordance with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case i......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
...... Karim J
Md. Joynul Abedin J
Shah Abu Nayeem Mominur Rahman J
Provat Kumar Das..............Petitioner
Vs.
Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another........Respondents
Judgment
April 26, 2009.
Lawyers Involved:
..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
...., relates to the construction of several Articles of the Constitution against defection by the members of Parliament. The question was raised by the two petitioners, Khondker Delwar Hossain and Professor A.Q.M. Badruddoza Chowdhury. Their case, as stated in the petition, is that Md. Hasibur Rahman S...... 12, 1996 from the national constituency No. 67, Sirajganj—7 and national constituency No. 56, Rajshahi-5 respectively. They were nominated as candidates by the Bangladesh National Party, hereafter called the B.N.P. and both of them were members of the Parliamentary Party of the B.N.P. Ignoring th......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......86; Bradlaugh Vs. Gossett 1884 (12) QBD 271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney GenÂeral wi..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ...... ......ions of the Project Proforma, Appointment letters and recommendation of the respondent No.2. 2. The petitioner’s case in short is that Narcotics Control Department to ensure proper and quick trial of drug cases needs a chemical laboratory. Thereafter the government initiated the project nam......ent: Mir Hashmat Ali J Md. Nuruzzaman J Md. Shafiqul Islam Talukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Banglades..Category: Employment/Service Law | Date: | Hits: 106
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