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State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....R. No. 105 of 1995 (Mohammadpur police Station Case No. 1 dated 01-10-1995), convicting the accused-Respondents and another under Sections 302/34 of the penal Code and sentencing them to imprisonment for life and ordered to pay a fine of Tk. 5000/- in default to suffer rigorous imprisonment......y. The informant and her husband reported the occurrence to the witnesses. Her husband (deceased) further stated the names of the accused. The condition of her husband was not good and her brother called on a village doctor named Samorendra Nath Bairagi. The doctor gave 1st aid of treatment. The...... section 161 of the code of criminal procedure and finally submitted charge-sheet against them under Sections 302/34 of the penal Code. 5. The case record ultimately came to the file of the trial Court (Additional Sessions Judge), who on the basis of materials available on record framed c......p; Md. Joynul Abedin J Md. Hassan Ameen J The State….........Petitioner Vs. Chandan Ali and others……......Respondents Lawyers Involved: Mohammad Ali A..Category: Criminal Law | Date: | Hits: 68
Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....ed on transfer as Miscellaneous Case No.91 of 1983 for pre-emption of the case land measuring 79 decimals out of 2.26 acres of land under section 96 of the State Acquisition and Tenancy Act which was sold by the kabala deed dated 27.1.1973 on the allegation that she is a co-sharer in the case hold......ls on record arrived 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: VI ADC (2009) 981.......arned District Judge, Patuakhali, which was heard on transfer by the Subordinate Judge, Patuakhali, who by the judgment and order dated 23.8.1989 dismissed the appeal and affirmed the judgment of the trial Court. 5. The pre-emptee being aggrieved and dissatisfied with the aforesaid judgment and o......Reported in: VI ADC (2009) 981...Category: Property Law | Date: | Hits: 61
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
....ng for pre-emption of the case land under section 96 of the state Acquisition and Tenancy Act alleging, inter alia, that the pre-emptors are co-sharers in the case holding by inheritance and also by purchase and the pre-emptees are stranger purchasers. It is also alleged that the pre-emptors...... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......, that the transaction was not out and out sale but by heba made by the defendant Nos.5 and 6 in favour of the defendant Nos. 1-4 and that no monitory consideration passed. 4. The trial Court allowed the case. 5. On appeal being Miscellaneous Appeal No.57 of 2000, the app......Mohammad Fazlul Hossain Karim J Md. Joynul Abedin J Md. Mobarak and another....................Petitioners Vs Sk. Ayub Ali and others...................Category: Property Law | Date: | Hits: 44
Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)
.... This petition for leave to appeal is directed against the judgment and order dated 23.4.2008 passed by a Single Bench of the High Court Division in Civil Revision No.706 of 2006 making the rule absolute and thereby reversing the judgment and decree dated 17.11.2005 passed by the learned Joint D......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: VI ADC (2009) 971. ...... case decreed the suit by the judgment and decree dated 20.1.2005 in favour of the plaintiff. 5. Being aggrieved and dissatisfied with the aforesaid judgment and decree passed by the learned trial court the defendant petitioner preferred Title Appeal No. 65 of 2005 before the learned Dist...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Azizul Hoque.................Petitioner Vs. Md. Aftabuddin and others..................Respondents Judgment &nb..Category: Employment/Service Law | Date: | Hits: 106
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
.....- These petitions for leave to appeal are directed against the judgment and order dated 08.01.2002 passed by the High Court Division in Civil Revision Nos. 1214 and 1213 of 1994 making the Rule absolute. 2. The facts, in short, are that the present petitioner as plaintiff filed other Cla......and its author was not examined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......nd that the petitioner could not prove any encroachment on land and any decision on such a question needs evidence so far Annexure-J is concerned the High Court Division rightly found that the trial court ought not to have considered the report when it was not formally proved as evidence an......cate-on-Record-For the Respondent (In Civil Petition No. 354 of 2007). Not represented-The Respondent (In Civil Petition No. 514 of 2007). Civil Petition for Leave to Appeal Nos. 354 and 514 of 2007. (From the judgment and order dated 08.01.2002 passed by the High Court Divi..Category: Property Law | Date: | Hits: 87
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....nbsp;Md. Ruhul Amin J.- This is defendants' appeal by leave against the Judgment dated July 5, 1998 of a Single Bench of the High Court Division in Civil Revision No 2289 of 1992 making the Rule absolute obtained against the judgment and decree dated April 30, 1992 of the Court of Subordinate Ju...... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......hat the P.S. record was prepared in the name of the defendants that plaintiff has no right, title and interest in the land in suit and as such the suit is liable to be dismissed. 4. The trial Court on consideration of the evidence on record dismissed the suit on the findings that the ......ohammad Fazlul Karim J Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institut..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....on her on the averments that Ka, Kha and Ga schedule land of the plaint belonged to Dr. Sadeq Ali who died leaving behind her as widow, two daughters i.e. the plaintiff Nos. 2 and 4, one grandson through plaintiff No. 2 i.e. the plaintiff No.3, one son i.e. the defendant No.1 and also one d......ere 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: VI ADC (2009) 942. ......al Code and also under section 82 of the Registration Act on the basis of which G.R. Case No.18 of 1982 was registered. The learned Additional District Magistrate Rajshahi, after conclusion of the trial, found the defendant Nos.1-4 guilty under sections 465/467 and 109 of the Penal Code and upon......bsp; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner Vs. Most. Shahid Khatun and others…........Respondents Judgment ..Category: Property Law | Date: | Hits: 87
Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
.... Madha Sathadhikari who took permanent settlement from zamindar Harendra Kumar Roy Chowdhury. Before preparing C.S Khatian the said zamindar dedicated by way of Endowment the suit property and some other property and installed the deity Sree Sree Kanailal Jew Bigraha for performances of Seba......made out calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 939. ......d was paying rent to the Government. It is a private debottor properties as such the shebait committee has no locus standi to file this suit, hence the suit is liable to be dismissed. 6. The trial Court decreed the suit and on appeal the appellate Court affirmed the judgment of the trial C......CJ Md. Abdul Matin J Md. Abdul Aziz J Sree Jagannath Bairagy…............Petitioner Vs. Sree Sree Kanailal Jew Bigraha and others..........Respondents Judgment Ap..Category: Civil Law | Date: | Hits: 110
Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)
....stance of the defendant pre-emptee is directed against the judgment and order dated 6.3.2006 passed by a single Bench of the High Court Division in Civil Revision No. 1673 of 2000 making the rule absolute and thereby allowing the pre-emption. 2. The short fact is that the respondent No.1 ......ived 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: VI ADC (2009) 938. ......t of parties. After purchase on 22.11.1995 he transferred 05 acres of land to Rolla Social Welfare project. Hence the Miscellaneous Case for pre-emption is not maintainable. 4. The trial Court by the judgment and order dated 29.09.1997 allowed the preemption. Being aggrieved......; Md. Tafazzul Islam J Md. Joynul Abedin J Nazimuddin Molla...................Petitioner Vs. Mobasser Ali Howlader and others......Respondents Judgment ..Category: Property Law | Date: | Hits: 57
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....le deed in respect of the property described in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of the property in suit to the plaintif......ance of the consideration money within the stipulated period the defendant took back the sale agreement and returned Tk. 1,90,000/- forfeiting the balance amount, that the plaintiff created the so called second agreement dated January 23, 1978 and obtained her signature thereon by force with a v......gister the sale deed in respect of the property described in the schedule attached to the plaint in favour of the plaintiff on receipt of the balance of the consideration money within 30 days. The trial Court also directed the defendant No.1 to hand over possession of the property in suit t...... Md. Tafazzul Islam J Md. Hassan Ameen J Ahmed Hossain Khan…......................................................Appellant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment April 5, 2007. Lawyers Invo..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....-11-1982 passed by the High Court Division in Criminal Revision Nos. 503, 504 and 526 of 1982). Judgment FKMA Munim CJ- I have gone through the judgments of Badrul Haider Chowdhury, J. and also those of Shahabuddin Ahmed and Chowdhury A.T.M. Masud JJ. and agree with the reasonings as well a......ion under the Customs Act. They are claiming power to investigate the customs offences under the Anti-Corruption Act, 1957. 61. The Anti-Corruption Act provides for constitution of a Bureau to be called "Bureau of Anti-Corruption". Section 3 defines its power in the following words: "3. Cons......, Section 156 Offences under the Customs Act fall under two categories- One class of offence dealt with by the Customs Officers themselves and another class is dealt with by the Magistrate who on trial may impose sentence or punishment. Even those which are triable by the Magistrate, the Customs......ons 80-83 only to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer h..Category: Fiscal/Taxation Law | Date: | Hits: 129
Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)
....Ashraf Ali, Constable Omar Ali, Constable Moksedur Rahman and Constable Bimal Chandra got secret informant on 13.05.2000 at 11:45 A.M. that 6/7 miscreants have assembled with illegal arms to commit some cognizable offence at Section 13 by the side of Opex Garments under the leadership of Shohel D......bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ...... the case and transferred the same to Metropolitan Special Tribunal No.7, Dhaka for disposal. 4. Learned Judge, Metropolitan Special Tribunal No.7, Dhaka, after framing charge, held the trial, examined as many as 10 witnesses and considering the evidence on record found accused Arif ......ructed by Syed Mahbubur Rahman, Advocated-on- Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No.490 of 2008. (From the Judgment and order dated 27.07.2008 passed by the High Court Division in Criminal Appeal Nos.821 of 2006 wi..Category: Criminal Law | Date: | Hits: 120
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....l affirming the conviction and sentence passed in Special Tribunal Case No. 100 of 2000 by the Special Tribunal Court No.5, Chittagong sentencing the convict-petitioner to suffer rigorous imprisonment for 14 years for conviction under Section 19(a) of the Arms Act and to suffer rigorous......gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......essions Judge and Special Tribunal No.5, Chittagong. The convict-petitioner and other accused in their examination under Section 342 of the Code of Criminal Procedure claimed innocence and demanded trial. 13 witnesses were adduced by prosecution, of them P.Ws.1 and 4 deposed to the effect that f......peal No.157 of 2008. (From, the judgment and order dated 24-09.2007 passed by the High Court Division in Criminal Appeal No. 3973 of 2003). ..Category: Criminal Law | Date: | Hits: 155
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....l period of 1 year but did not mention any time limit for payment of any of these installments within that one year time. So, obviously the petitioner could have deposited the 1st installment and also any other installment at any time within that one year. So obviously the limitation for filing ......made flexible. In the premises, in the instant case, we are of the view that the reasons given by the High Court Division, quoted above, are in accordance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. Th......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ...... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S M.M. Steel Mills Limited and another….............Petitioners Vs. The Judge, First Artha Rin Adalat, Ch..Category: Civil Law | Date: | Hits: 99
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....he instance of the defendants is directed against the judgment and order dated 25.3.2008 passed by a Single Bench of the High Court Division in Civil Revision No.6533 of 2002 making the rule absolute. 2. The short fact is that the respondents as plaintiffs instituted Title Suit No.42 ......ved 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: VI ADC (2009) 862. ......udge, Sylhet, which was heard on transfer by the Joint District Judge and Artha Rin Adalat, Sylhet, who by the judgment and decree dated 22.7.2002 dismissed the appeal and remanded the suit to the trial court for the limited purpose of for holding local inspection of the suit land. 5. Bei......62. ..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....to appeal has arisen out of the judgment and order dated 14.7.2008 passed in a pre-emption case by a Single Bench of the High Court Division in Civil Revision No.1924 of 2004 making the rule absolute allowing the pre-emption case. 2. The short fact is that the respondent No.1 and his......ved 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: VI ADC (2009) 859. ...... preferred Miscellaneous Appeal No.176 of 1988 before the learned District Judge, Chittagong, who by his judgment and order dated 7.3.2004 allowed the same and set aside the aforesaid order of the trial court. 5. Thus being aggrieved and dissatisfied with the aforesaid judgment and order ...... Abedin J Shah Abu Nayeem Mominur Rahman J Ahmed Meah Sowdagar ………………………...Petitioner Vs. S. M. Abdul Alim and another………….........Respondents Judgment April 15, 20..Category: Property Law | Date: | Hits: 29
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....laintiffs case as placed before the High Court Division, in a nutshell, is that defendant No.1 married the plaintiff on 01.10.1992 according to Hindu Law and the marriage was consummated and after some days defendant No.1 under the influence of defendant Nos. 2-4 demanded Tk. 50,000/- ......;ference. 10. In such view of the matter, we find no substance in the leave petition and the same is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 856. ......ch was transferred to the Court of the Additional District Judge, Moulvibazar, who upon hearing the parties dismissed the appeal and affirmed the judgment and decree passed by the trial Court. 5. Against the judgment and order of the appellate Court, defendant No.1 as pet....... This Case is also Reported in: VI ADC (2009) 856. ..Category: Criminal Law | Date: | Hits: 75
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 07.05.2008 passed by the High Court Division in Civil Revision No.6369 of 2001 making the Rule absolute reversing the judgment and decree dated 11.10.2001 of the learned Joint District Judge, Firs......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......ts thereon. R.S. Khatian was prepared properly. The said exchange deed has been made collusively and the plaintiff did not get possession, as such the suit is liable to be dismissed. 5. The trial court after hearing by the judgment and decree dated 31.08.2000 decreed the suit. Being ......Rajiuddin College represented by the Secretary, Hatirdia Rajiuddin College, Managing Committee, Police Station-Monohardi, District-Narsingdi ..........Petitioner Vs. Abdul Barik and others ..........................................Respondents Judgment February 17,..Category: Property Law | Date: | Hits: 32
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....e to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ....... 8. In the facts and circumstances and observations made herein above, we do not find any illegality in the impugned judgment and order passed in the revision-al cases and as such no interference called for in the impugned judgments. Accordingly, all the applications for leave to appeal being......lly filed the cases using her name beyond her knowledge have not been proved and found to be false in view of the deposition given by the pre-emptor herself. The High Court Division observed that the trial Court came to erroneous findings since misread the deposition of the pre-emptor. The High Cour......esent: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Moulvi Abdul Wadud Chowdhury ...........Petitioner (In all the cases) Vs. Abdul Motaleb Chowdhury and others..........Respondents (In all the cases) Judgment March 15, 2009. Lawyers Involve..Category: Property Law | Date: | Hits: 33
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....Court, Faridpur, allowing the appeal dismissing the suit being Title Suit No.66 of 1967, decreed by the Munsif, 1st Court, Madaripur, vide judgment and decree dated 29.8.1968. 2. The predecessor of the petitioners filed Title Suit No.66 of 1967 in the Court of Additional Munsif, Madaripur......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......o.66 of 1967 for declaration of title and confirmation of possession in the suit land. The suit was decreed against the defendant Nos.1 and 2 on contest and ex parte against the rest. The trial Court found title and possession of the plaintiff in the suit land observing that the plainti...... ..Category: Property Law | Date: | Hits: 38
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