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Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....dgment and order dated 06.07.2004 passed by the passed in Death Reference No. 99 of 2004 with Criminal Appeal No. 2413 of 2004 and Jail Appeal No. 738 of 2004 convicting the petitioner to suffer imprisonment for life passed by the learned Additional Sessions Judge, Lakshmipur in Sessions Case No. 2 ......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......2/34 of the Penal Code. 4. Upon receiving the case records form the Magistrate, the learned Sessions Judge, Laxmipur transferred the chase to the Court of the learned Additional Sessions Judge for trial and disposal. Charge was framed against 15 accused persons, under sections 147/148 /149/ 302/3......Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructe..Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....ture. 11. The learned Additional Sessions Judge, on consideration of the evidence on record, found the appellants guilty under Sections 302/34 of the Penal Code and sentenced them with imprisonment for life on 27.08.2003. The learned Additional Sessions Judge imposed a fine of Tk.10......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......peal No. 4255 of 2003 is dismissed and common questions of facts and law being involved in all the petitions, the same are disposed of by this single judgment. 3. The appellants were put on trial before the learned Additional Sessions Judge to face charge under Sections 302/34, 201/34 and......hellip;…..............Respondent (In Criminal Petition No. 271 of 2007) Ashraf………....................Respondent (In Criminal Petition No. 272 of 2007) Raju and another…………….Respondent (In Criminal Petition No. 273 of 200..Category: Criminal Law | Date: | Hits: 53
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....hat the respondents as plaintiffs instituted Other Class Suit No. 50 of 1996 in the Court of the learned Senior Assistant Judge, Rangpur praying for declaration of title to the suit land and also for further declaration that the ex parte judgment and decree dated 13.11.1995 passed in Other C......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......;tage of minority of the defendant Nos.1 and 2 and ultimately they filed other Class Suit No. 99 of 1994 and got an ex parte decree on 13.11.1995. After filing written statement as stated above the trial court fixed 04.01.1997 for framing of issue. 5. On 04.02.1997, the defendant No.1 sub......in: VI ADC (2009) 695. ..Category: Civil Law | Date: | Hits: 94
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
.... rejecting the revisional application summarily affirming the judgment and decree dated 31.1.2004 passed by the Joint District Judge, 1st Court, Manikgonj in title Appeal No.133 of 2002 and also the judgment and decree dated 29.4.2002 passed by the learned Assistant Judge, Manikganj decreei......e materials on record. 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) 684. ......nikganj, who by the impugned judgment and decree dated 31.1.2004 dismissed the appeal and affirmed the judgment and decree passed by the trial court. 5. Being aggrieved and dissatisfied with the aforesaid judgment and decre......nvolved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 883 of 2008. (From the judgment and order dated 10.3.2008 passed by the High Court Division in Civil Revision No. 1079 of 2008) ..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... Constitution is for granting leave to appeal against the judgment and order dated 29.01.2008 passed in Civil Revision No.4820 of 2000 by a Single Bench of the High Court Division making the Rule absolute. 2. The Rule was issued in Civil Revision No. 4820 of 2000 filed against the judgment......esaid gift deed is a forged document, being Complaint Case No. 153 of 1985, pending in the Court of A.D.M. and that the said defendant No. 3 having failed to produce the original deed gift, though called for, the defendant No. 4 was required to investigate into matter and the said defendant No.4...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... is also Reported in: VI ADC (2009) 676. ..Category: Property Law | Date: | Hits: 54
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....ition for Leave to Appeal No.1704 of 2007 dismissing the same affirming the judgment and order dated 11.07.2005 passed by the High Court Division in Civil Revision No.3411 of 2001 making the Rule absolute reversing the judgment and decree dated 17.08.2000 passed by the learned Additional Di......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......itted that both the Courts below rightly and lawfully passed the judgments and decrees in favour of the petitioner on the basis of materials on record as well as evidence. The findings of the trial Court was that "এই পি.ডব্লি...... Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment February 5, 2009. Lawyers Invol..Category: Property Law | Date: | Hits: 25
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....ent of Tk.250/- the plaintiff did not accept the rent. Thereafter, the defendant started depositing rent to the rent control regularly. The plaintiff has got other six shops which have been also let out to different person and the suit is liable to be dismissed. 4. Trial Court after......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......e Rule vide judgment and order dated 27.04.2008. Hence this leave petition by the petitioners. 6. Mr. Md. Osman Ghani, the learned Advocate, appearing for the petitioners, submits that trial Court and also the High Court Division while decreeing the suit failed to appreciate that adm......ed in: VI ADC (2009) 668. ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....itled to get decree for khas possession of the suit land, on the averments that the suit land originally belonged to Abdul Ali, a purchaser from the C.S. recorded owner, and Rustom Ali, the predecessor in interest of the plaintiffs, by registered sale deed dated 16.9.1958 purchased the suit land f...... huge amount of compensations will be required to be paid to Rustom Ali; thus having failed to established a market on the suit land in a regular way, the defendant petitioners managed to create a so called notice and enquiry under Ordinance No. XIX of 1959 and Act No. 12 of 1967 and procured the im......Zillani was never owner of the suit land and further it has also been proved that no notice was issued upon Sarifunnessa though admittedly she was owner of half share of the suit land and accordingly trial Court rightly held that no notice of forfeiture was served upon Rustom Ali as well as Sarifunn......J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 2009. Lawyers Involv..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... and the respondent No. 3 Md. Jalal Ahmed for committing the offence of contempt to Court. 2. The writ petitioner, the respondent No.1 hereof, filed the Contempt petition alleging willful disobedience and non-implementation of the Court's order dated 13.12.2005 passed in writ petition No....... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... Abedin J Shah Abu Nayeem Mominur Rahman J Md. Badaruddin Howlader …………………….Petitioner Vs. Kazi A. K. M. Sajahan and others……………Respondents Judgment June 23, 2009...Category: Criminal Law | Date: | Hits: 62
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....-10-2003 passed by the High Court Division in Criminal Appeal No. 1383 of 2000 with Death Reference No.11 of 2000 rejecting the death reference and allowing the appeal and acquitting the condemned prisoner Abul Kashem and convict petitioner, Anowar Hossain Pinto of the charge levelled against them. ...... without waiting for the arrival of the Chairman with dagger in their hands saying that they would demand justice from the Chairman on the way. At that time, the accused Nabalak Mia (since acquitted) called the condemned prisoner, Abul Kashem and accused appellant petitioner Anower Hossain to his ho......16, Officer- in-Charge of Burichang PS, Md. Rezaul Karim recorded the FIR. He himself took up the investigation of the case and on completion of investigation submitted a charge sheet. 3. During trial charge under sections 302/114 of the Penal Code was framed against the condemned prisoner, A......on-Record— For the Appellant. Md. Khurshid Alam Khan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Criminal Appeal No. 25 of 2006. (From the judgment and order dated 25-10-2003 passed by the High Court Division in Criminal Appeal No.1383 of 2000 with..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....gitimate claim and the plaintiff was deprived of US$ 5, 24,441. For non-payment of the said money the plaintiff suffered huge pecuniary loss in money, good-will and reputation; the plaintiff has also suffered other losses. Since Agrani Bank, defendant No.7, the L/C confirming Bank, did not pay d......finition of contract of indemnity as, "A Contract for which one party to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other person is called contract of indemnity." Where the consignee of a cargo wants the steamship company to d......eril and thus the action of the defendant No.1, carrier could not be absolved from its responsibility to the consignor. Accordingly, the appeal is dismissed affirming the judgment and decree of the trial Court in Money Suit No. 3 of 1992 decreeing the suit. 8. In view of the above, we fin...... Appellate Division (Civil) Present: Md Fazlul Karim J Md Joynul Abedin J SAN Mominur Rahman J Nippon Liner System, Care of James Finlay PLC and others.............Petitioners Vs. Mahi Fish Processing Ltd. and others ...........Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....1997 dismissing the same and upholding the order of conviction and sentence passed by the learned Additional Sessions Judge, Laxmipur in Sessions Case No. 33 of 1988 convicting them to suffer imprisonment for life under sections 302/34 of the Penal Code and to pay a fine of Tk. 10,000/- (ten tho......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......dex. Upon receipt of the postmortem report, the police submitted charge sheet against he accused and others. Subsequently the record of the case was sent to the learned Sessions Judge, Laxmipur for trial. The learned Sessions Judge upon hearing the parties framed charge under Sections 302/34 of t...... 334. ..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
.... and order of conviction and sentence dated 22.03.2005 passed by the Sessions Judge, Kishoregonj convicting the petitioner under Section 302 of the Penal Code sentencing him to suffer rigorous imprisonment for life with a fine of TK.5,000.00 (Taka Five Thousand) in default to suffer rigorous imp......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......3. Police after investigation submitted charge sheet against accused Md. Shahjahan Ali under Section 302 of the Penal Code and case record was sent to the Court of Sessions Judge, Kishoregonj, for trial. 4. Mr. Md. Khurshed Alam Khan, learned Advocate, appearing for the petitioner submit......idash Paul, Advocate-on-Record-For the Petitioner. None represented-For the Respondent. Criminal Petition for Leave to Appeal No. 490 of 2007. (From the judgment and order dated the 26th day of February, 2007 passed by the High Court Division in Criminal Appeal..Category: Criminal Law | Date: | Hits: 52
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
.... the Directors thereof and each group will hold 50% i.e. equal share as well as equal say in the management of the proposed company and thereafter 50 copies of the Memorandum and Article of Association of the proposed company were printed containing the above terms along with other terms an......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......jganj, framed charges against the petitioner and co-accused Abdur Rouf under section 467 and 109 of the Penal Code read with section 282 of the Companies Act, 1994 and after conclusion of the trial, by judgment and order dated 90.02.1988, convicted the petitioner under section 467 of the P....... Joynul Abedin J Md. Abdul Matin J Md. Kudrat Ali………………………….....Petitioner Vs. Dr. Mahfuzul Haque and another..........Respondents Judgment August 19, 2008. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 44
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....Station Case No.(1395) 1997 corresponding to G.R. Case No.475 of 1997 convicting the convict-appellant-Petitioners under Section 302/34 of the Penal Code and sentencing them to suffer rigorous imprisonment for life and to pay a fine of TK.5,000.00 each in default to suffer rigorous imprisonment o......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......elow and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......e Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Joynal Abedin and others….............................Petitioners Vs The State…&hell..Category: Criminal Law | Date: | Hits: 47
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....Dumuria police Station in the District of Khulna belonged to two brothers namely Ismail Khan and Moslem Khan, that Ismail Khan died leaving behind his only brother Moslem Khan as his heir and successor. Thereafter Moslem Khan died leaving behind two sons Mujibor Khan and accused Rustam Ali Khan ......ant Commissioner (Land) Dumuria under section 150 of the State Acquisition and Tenancy Act being Miscellaneous Case No. 24 of 1996-97 but the said case was disallowed on the ground that the so called deed of gift was a forged document. 3. The complainant came to know about the afores...... and thereafter instituted M.P. Case No.116 of 1999 which was dismissed in the absence of the complainant. Then he filed Complainant Case No. 104 of 2001 on the aforesaid allegations. 4. The trial Court acquitted the accused-respondent Md. Rustam Ali Khan. 5. On appeal being Crimin......Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Rustam Al Khan……………………..Petitioner Vs. The State and others…………..... Respondents Judgment March 9, 2009. ..Category: Criminal Law | Date: | Hits: 57
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
.... Bazar Branch of Uttara Bank in the name of the Chairman of the Pourashava and that the appellant being the Chairman used to operate the account himself and a further amount of Tk. 5,07,520/- was also deposited in the said account from the fund of the Pourashava and that through different Cheque......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ......ner is that the learned Judges of the Appellate Division committed and error of law in dismissing the Criminal Appeal with the finding that as "the appellant did not face the trial and such can not now challenge the finding of the trial court on facts" on considering ......Petitioner. Not Represented-the Respondent. Criminal Review Petition No. 28 of 2008. (From the judgment and order dated 10.06.2008 passed by the Appellate Division in Criminal Appeal No.34 of 2006.) ..Category: Criminal Law | Date: | Hits: 43
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....ejahar with the Officer-in-Charge, Kotwali Police Station, Faridpur, alleging, inter alia, that 21 days before the occurrence his sister, Sefali Begum was given in marriage to the condemned-prisoner and at the State the time of marriage a cash sum of Tk. 20,000/-(twenty thousand) along with ......n record, we do not find any reason to interfere with the same. The leave petition is thus dismissed having no substance. Ed. This Case is also Reported in: VI ADC (2009) 613. ...... Daman Ain, 2000. Trial Court framed charge against him accordingly and read over the same to the petitioner and others, who pleaded not guilty and claimed to be tried. 3. In course of trial prosecution has produced as many as 8 witnesses including P.W.4, Dr. Ajoy Kumar Sarker, ......l Islam Talukder, Deputy Attorney General, instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 03 of 2008. (From the judgment and order dated 20.09.2007 and 23.09.2007 passed by the High Court Division in Criminal Appeal No. ..Category: Criminal Law | Date: | Hits: 96
Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)
....d in rejecting the prayer of the defendant in not allowing the prayer of the petitioners. The learned Counsel further submitted that since a decree having been passed in the suit in respect of some structure situated on the suit land this Division found that the defendants have got their hom......ind no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 605. ......in the schedule to the plaint, is sufficient to identify the suit land and the executing Court cannot go beyond the decree by allowing a local .investigation to ascertain the suit land. During trial of the suit the contesting defendants could have raised the plea of identity of the suit lan......9) 605. ..Category: Property Law | Date: | Hits: 33
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....zlul Karim J. - This petition for leave to appeal is directed against the judgment and order dated 10.05.2006 passed by the High Court division in Civil Revision No. 4683 of 1999 making the Rule absolute reversing the judgment and decree dated 29.06.1999 passed by the Subordinate Judge, Bar......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 604. ......e of record particularly, the R.S. and S.A. record of rights and title came to the conclusion that Rupjan Bibi acquired title in 2.226 acres or land, thereby modified the judgment and decree of the trial Court. 5. On considering the evidence of record the High Court Division found that the...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Shoukat Ali Howlader and others…....... Defendant-petitioners Vs. Nur Box Howlader and others&helli..Category: Property Law | Date: | Hits: 24
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