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Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....he averments that he is the rightful owner of the suit property which he got by purchase from the proforma defendant No.2 vide Sale Deed Nos. 214001 dated 28.8.1969 and 21960 dated 9.9. 1969 and also by purchase from Mansur and Mokbul Hossain vide Sale Deed No. 10516 dated 18.9.1969 and he paid ......here 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) 519. ......operties of the plaintiff, mutation khatian of the plaintiff, the registered deed Nos. 21401 dated 28.8.1969, 21960 dated 9.9.1969, 10516 dated 18.9.1969 in the name of the plaintiff and the trial Court after taking evidences found that the plaintiff is the head of his separate fami......zul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government of Bangladesh, represented by the Deputy Commissioner, Rajshahi.....Petitioner Vs. Enamul Huque and others.........................Respondents Judgment August 26, 2008. Lawy..Category: Property Law | Date: | Hits: 26
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
....order dated 08.03.1993 of the learned Assistant Judge, Additional Court, Sadar Sylhet in Miscellaneous Case (Pre-emption) No.19 of 1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the petitioners by 2(two) deeds dated 03.02.1977 and 0......before this Division. This Division by a single judgment dated 04.12.2007 dismissed both the leave petitions holding that the court of appeal made out a case of waiver and acquiescence from so called attending circumstances without reference to any evidence that the pre-emptor participated i......2-3 have collusively set up the pre-emptor respondent to file the Miscellaneous Cases to make wrongful gain and so the petitioners prayed for dismissal of the Miscellaneous Cases. 5. In the trial court of learned Assistant Judge both the Miscellaneous Cases were heard analogous and the p......ivision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Murtuza Ali and another.....................Petitioner (In both cases) Vs. Renu Bibi alias Saifu..Category: Property Law | Date: | Hits: 24
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
.... the same and the defendant No.1 agreed to purchase the same at a consideration of Tk. 5991/- and then the plaintiff executed a sale deed on 20.2.1974 and on the same date the defendant No.1 also executed an agreement of re-conveyance the suit land in favour of the plaintiff and accordi......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) 488. ......n transfer was renumbered as Civil Revision No.1318 of 1999 and after hearing the High Court Division upon setting aside both the judgment and decrees of the Courts below sent back the suit to the trial court on remand for fresh trial; thereafter after fresh hearing by judgment and decree dated ......inoor Chowdhury………………………………………..Petitioner Vs. Sree Kamada Ranjan Bhattacharja and others….......Respondents Judgment November 23, 2008. Lawyers Invol..Category: Procedural Law | Date: | Hits: 66
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
.... Other Suit No. 30 of 1997 dismissing the suit. 2. The petitioner, as plaintiff filed the above Other Suit No.30 of 1997 for partition of an area of 4.70 acres of land out of the suit jote and also for declaration that the unregistered Heba Deed dated 19.6.1948 purported to have been executed......ct decision 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: VI ADC (2009) 469.......al gift dated 15.12.1973 has not been substantiated as the defendant No.1, failed to prove the oral gift by the evidence of D.W.5 who deposed that he did not see the mother of defendant No.1 both the trial court as well as the appellate court below also concurrently found that the oral gift dated 15......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nurjahan Begum…………………………............Petitioner Vs. Nur Rahman and other ............................Respondents Judgment August 11, 2008. Result: The ..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....994 reversing those of dated 9.3.1994 of the learned Subordinate Judge (now Joint District Judge), First Court, Barisal passed in Title Suit No.13 of 1980 decreeing the suit. 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos. 8-21, as plainti......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ......defendant Nos.1 and 2 by kabala dated 18.4.1979 and the defendants Nos.1 and 2 possessing the suit land and the plaintiffs have got no right, title, and possession over the suit land. 3. The trial Court, after hearing, decreed the suit. On appeal and the learned Additional dist...... in: VI ADC (2009) 464. ..Category: Property Law | Date: | Hits: 34
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
.... Judge (2), Chuadanga convicting the accused under section 302/149 of the Penal Code and sentencing the accused Abdul Aziz, Monowar Hossain to death by hanging and other accused to suffer imprisonment for life by judgment and order dated 8th of October 1997. Thereafter Death Reference No. 29......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......ge against the accused persons under section 3237 3247 3027 347149 of the Penal Code. 5. That the prosecution examined 18 witnesses in support of its case and defence examined none. That the trial Court by its judgment and order dated 8.10.1997 convicted the petitioners under section 323/3...... Supreme Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abdul Aziz and others .......Appellants (In Criminal Appeal No. 38 of 2003) Monowar Hossain and anothe..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
.... Court Division in appeal acquitting the accused, respondent Nuru Mira, who was convicted earlier by the Additional Sessions Judge, Barisal, under section 304 of the Penal Code and sentence to imprisonment for life, The impugned order and judgment of the High Court Division is dated 9 January 198......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......akerganj and lodged a first information report within 2 hours whereupon the police moved into action, and after completing investigation, sent up 20 accused persons holding respondent Num Mira for trial in the Court of Session. The learned Additional Sessions Judge framed a common charge ......Appellant. A. K. Badrul Huq, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 8 of 1990. (From the Judgment and Order dated 9-1-1986 passed by the High Court Division, Barisal Sessions, Barisal in Criminal A..Category: Criminal Law | Date: | Hits: 44
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....paper book out of Court. 3. The accused respondents being tried by Court of Session have been convicted under Section 304 Part-1 of the Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Tk. 5,000/-, in default to suffer rigorous imprisonment fo......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J Abdus Sobhan.................................Appellant Vs. Faruque Ahmed @ Sunan and others ...........Respondents Judgment March 20, 2004. Lawyers Involve..Category: Criminal Law | Date: | Hits: 29
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
.... hearing of the appeal started before a duly constituted Appellate Tribunal consisting of the Chairman and two members but subsequently the Chairman could not attend the hearing due to his personal difficulties and the hearing of the appeal continued before the two members of the Tribunal a......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......High Court Division for the view it has taken. 17. It is true that the word 'hearing' in the context of certain enactments has been interpreted in a broad sense to cover the entire stage of trial and not in the restricted sense of only a particular stage beginning with the examination of ...... Latifur Rahman J Muhammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Miss Shaheda Khaturi.......Appellant Vs. Administrative Appellate Tribunal, Dhaka and others..........Respondents Judgment May 21, 1998. Cases Referred t..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
.... AM Mahmudur Rahman J.- This appeal by leave at the instance of preemptor appellant Tambia Khatun a against the Judgment and order passed by the High Court Division on 8.4.96 making the Rule absolute issued in Civil Revision No. 863 of 1994. 2. The appellant instituted Miscellaneous C......s that she was a co-sharer in the holding along with respondent No.2 who transferred the portion of the holding along with respondent No. 2 who transferred the portion of the holding by the so-called deed of exchange without service of notice upon her as required under section 89(4) of the A......in revisional jurisdiction in Civil Revision No. 863 of 1994. The learned Single Judge after hearing the Rule set aside the Judgment and order of the lower appellate court and restored that of the trial court and made the Rule absolute. 6. Leave was granted to consider whether the High Co...... ATM Afzal C J AM Mahmudur Rahman J Mustafa Kamal J Tambia Khatun………………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, 1999. Lawyers In..Category: Property Law | Date: | Hits: 66
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... as plaintiffs filed Title Suit No. 193 of 1987 in the Court of Assistant Judge, Sadar, Sylhet for declaration of an easement right over the suit pathway, confirmation of possession and also for permanent injunction restraining the defendant-appellant and others from interfering wi...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ....... As the defendants started constructing a gate-way at the entrance of the suit pathway the plaintiffs, along with the filing of the suit, filed an application for temporary injunction and the trial Court by order dated 31-10-87 directed the parties to maintain status quo. On 3-12-87, the tr......(Civil) Present: Shahabuddin Ahmed CJ ATM Afzal J Latifur Rahman J Md. Ershad Ali @ Hajee Ershad Ali...............Appellant Vs. Hajee Ashid Ali and others….....Respondents Judgment May 2, 1994. Cases Referred to: ..Category: Procedural Law | Date: | Hits: 64
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
.... to Sessions Case No. 88 of 1990 and the Sessions Judge, Khulna by judgment and order dated 15.1.1992 convicted him under section 201/34 of the Penal Code and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Tk. 200/-, in default, to suffer rigorous imprisonment f...... of 1992. 2. One Golam Mostafa (respondent No. 2 herein) filed Complaint Case No. 55 of 1992 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 hereinafter to be called the said Act before the Chairman, Labour Court, Khulna contending that he was appointed as a......e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ...... Present: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Star Jute Mills Ltd................Appellant Vs. The Chairman, Labour Court and others........... ..............Respondents Judgment March 30, 2005. Lawy..Category: Labour and Industrial Law | Date: | Hits: 251
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....efendant-appellants have obtained leave to appeal from the judgment and order of a learned Single Judge of the High Court Division dated 29-6-94 in Civil Revision No. 459 of 1992, making the Rule absolute and thereby setting aside the judgment and decree dated 21-1-91 passed by the learned Distri......shy;current finding of the Courts below that the defendants have been in possession of the suit land on the basis of the sale deeds in question. The order of remand was therefore absolutely uncalled for. It shows total non-application of mind on the part of the learned Single Judge. ......and sister. The khatian numbers are 226 and 227.Defendant No. 1 has installed tube-well, constructed toilet and homestead and is living in the suit land with his family members. 4. The trial Court noticed the cross-examination of the plaintiff as P.W. 1 that at the time of deposition...... Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Md. Nazir Hossain Khan and another.... ........Appellants Vs. Md. Mujal Mollah being dead his heirs: Shahid..Category: Property Law | Date: | Hits: 34
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
....Kamal has been preferred challenging the judgment and order dated 10.03.2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 3481 of 2001 making the rule absolute thereby quashing the proceeding of C.R. Case No. 4321 (A) of 2000 pending in the Court of le...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ...... his statement issued warrant of arrest against the respondent under Section 138 of the Negotiable Instruments Act and that the respondent appeared before the Court and was released on bail. During trial charge was framed against the respondent under Section 138 of the Negotiable Instruments Act......riminal) Present: Syed JR Mudassir Husain C J MA Aziz J Amirul Kabir Chowdhury J Munshi Md. Rashed Kamal.............Appellant Vs. Abdus Salam and another................Respondents Judgment January 10, 2005. Case ..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....s appeal by leave is directed against the Judgment and order dated 17.09.1998 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No, 2608 of 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No. 120 of 1993 pen...... of the state with the observation, "We do not normally interfere with the discretionary exercise of jurisdiction by the High Court Division but this is one case where our interference is called for, but in view of the fact that the trial is on we think that the interest of justice will......l. Misc. Case) along with twenty-six others were charge sheeted for the commission of offence punishable under sections 148/149/325/326/307/302/114 of the penal Code. They are waiting for trial in Sessions Case No. 120 of 1993, before the Court of Additional Sessions Judge, Dhaka. ...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The State………………….Appellant Vs. Md. Abdus Satter and others......Respondents Judgment April 5, 2004. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 44
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....n the basis of the documents left with the appellant he has created forge deed No. 86 showing execution thereof on September 10, 1975 and registration on January 8, 1976 in his name. It has also been alleged in by the Respondent No.2 that on the basis of the said forged deed the appellant h......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......sued summons on December 11, 1993. In compliance of the summons appellant appeared before the Court of Magistrate, Satkhira on January 15, 1994 and obtained bail. Thereafter the case was fixed for trial on May 14, 1994. The appellant filed an application seeking stay of the C.R. Case before the ...... (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahamined J Md. Abu Daud Sarder.......Appellant Vs. The State and another.........Respondents Judgment July 27, 2002. Lawyers Involved..Category: Criminal Law | Date: | Hits: 50
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....ave by defendant Nos.1 and 3 appellants is from the judgment and order dated 16-11-93 passed by a learned Single Judge of the High Court Division in civil Revision No.765 of 1990, making the Rule absolute, thereby setting aside the judgment and decree dated 31-1-90 passed by the learned Subordin......he business of selling pan and firewood's since long. The plaintiff has not constructed any kutcha house on the north eastern corner of the plot. He has not stored any bricks there. No person called Azizul Huq has any construction there. There has been a fraudulent and wrong recording of ri...... acres out of .7 acres of land of plot No.202. 4. The plaintiff examined 8 witnesses and the defendants examined 7 witnesses and both sides exhibited various documents. The trial Court found title in favour of the plaintiff on consideration of Hamid Ali's document of sal......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdui Rour J Bimalendu Bikash Roy Choudhury J Mozirullah and others...........Appellants Vs. Shafukuddin Ahmed and others...............R..Category: Property Law | Date: | Hits: 33
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
.... whereupon he fell on the ground and then accuseds Shahjahan and Shahjalal dealt lathi blow on his chest and back; accused Zahurul dealt lathi blow on his head and accused Sahidul and Azahar also dealt lathi blow on his chest and back causing injury; when witness Khairul came forwards a......here 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) 448. ......rs tried to enter into the house of Shafu Mondal to which the family members of the accuseds raised objection and then a clash took place where victim Saidur Rahman and others were injured. During trial the prosecution examined 20 witnesses and the defence examined none. After hearing the l......48. ..Category: Criminal Law | Date: | Hits: 97
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....itioner. 3. Having been informed P.W.1 Md. Saidur Rahman Akhter, the brother of the deceased and his father P.W.2 Nasim Sheikh, came to the place of occurrence, the house of the condemned prisoner after about 2 hours and found the dead body of deceased Shefali with some burn injury on her ......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......and 2 other accused under sections 11(Ka), 4(1)/30 of the said Act and it was read over and explained to them to which they pleaded innocence and claimed to be tried. 6. During the course of trial prosecution examined as many as 8 witnesses including P.W.4, Dr. Ajoy Kumar Sarker who c...... Involved: Md. Helaluddin Mollah, Advocate-For the Petitioner. Abdur Rouf, Deputy Attorney General-For the Respondent. Jail Petition No. 22 of 2007. (From the judgment and order dated 20th and 23rd September, 2007 passed by the High Court Division in Death Reference ..Category: Criminal Law | Date: | Hits: 86
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....in Criminal Petition for Leave to Appeal No.72 of 2009 filed against the judgment and order dated 25.02.2008 passed by the High Court Division in Criminal Revision No.573 of 2003 making the Rule absolute and setting aside the judgment and order dated 27.04.2003 passed by the Metropolitan Additio......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......ok cognizance of offence against the petitioner under Section 138 of the Negotiable Instrument Act (as amended up to date) and framed charge against him under the same section. After conclusion of trial the Metropolitan Magistrate, Dhaka convicted the petitioner under the same Section and fine o......inur Rahman J Md. Abdul Aziz J Jamil Ahmed Khan……………………………..Petitioner Vs Md. Delwar Hossain and another……………......Respondents Judgment April 21..Category: Criminal Law | Date: | Hits: 50
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