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Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)
....t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ......ared the learned Counsel for the petitioner and Mr. Abdul Baset Majumder, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers on record. 4. The High Court Division held that as per agreement of the complainant ......Basel Majumder, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 487 of 2006. (From the judgment and order dated 27.07.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 56......rs on record. 4. The High Court Division held that as per agreement of the complainant with the bank, the customer is barred to keep money in the locker and the customer is entitled to keep documents, jewelry and other valuables in the locker. The High Court Division also held that if th..Category: Criminal Law | Date: | Hits: 49
Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)
....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......for murder of his wife for dowry and as a result there has been a failure of justice. 7. We have heard the learned Advocate for the petitioner, considered the Jail Petition and the connected papers including the Impugned judgment and order of the High Court Division. The High Court Divisi......r. Abdur Rouf, Deputy Attorney General - For the Respondent. Jail Petition No. 6 of 2004 With Criminal Miscellaneous Petition No. 57 of 2004. (From the judgment and order dated 11.8.2003 passed by the High Court Division in Death Reference N6.41 of 2000.) ......in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ..Category: Criminal Law | Date: | Hits: 51
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ....... ......d for local investigation who after investigation submitted report with maps and the trial court also examined the advocate commissioner. In the trial the plaintiff deposed as P.W.1 and proved many documents but the trial court out of those only marked Exts.1-7 and did not allow the amalnama and t..Category: Property Law | Date: | Hits: 32
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......e father of the plaintiff and allowed him to stay in the land as a permissive possessor. After the war of liberation, Musleem Miah decided to migrate to Pakistan forever and handed over all the title papers in respect of the suit land in favour of the plaintiff’s father. On 30.10.1973 Musleem Miah......is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ..Category: Tenancy Law | Date: | Hits: 139
Hafez Md. Bilal Patwary @ Md. Billal Hossain Patwary Vs. Bangladesh, 2007, 36 CLC (AD)
....the learned Advocate-on-Record for the respondents and perused the judgment of the High Court Division and other connected papers. 5. It appears that the High Court Division perused the relevant file produced from the Ministry of Law, Justice and Parliamentary Affairs by the learned A...... learned Advocate-on-Record for the petitioner and Mr. Zainul Abedin, the learned Advocate-on-Record for the respondents and perused the judgment of the High Court Division and other connected papers. 5. It appears that the High Court Division perused the relevant file produced from t......en J Hafez Md. Bilal Patwary @ Md. Billal Hossain Patwary...................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretary, Dhaka & others ........Respondents Ju......nt reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 678. ..Category: Civil Law | Date: | Hits: 87
Rahmat Goni Vs. Mrs. Meherun Nessa & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent ground to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 670. ...... Rule which after hearing was discharged. 5. We have heard Dr. Rafiqur Rahman, the learned Counsel for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the suit land belonged to Osman Gani who transferred the...... instructed by Serajur Rahman, Advocate-on- Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1217 of 2005. (From the judgment and order dated 30.07.2005 passed by the High Court Division in Civil Revision No. 16 of 2002.) ......ancellation dated 29.10.1997 and the deed of exchange dated 19.10.1997 executed by the defendant No. 1. The defendants have got no right, title and possession in the suit land on the basis of those documents. 3. The defendant Nos.1-2 contested the suit by filing written statement denying ..Category: Property Law | Date: | Hits: 26
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......rd Mr. Mahbubey Alam, the learned Counsel for the petitioner and Mr. Mahmudul Islam, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. The appellate Court held that the deed of exchange in question was entered into o......ted by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 412 of 2007. (From the judgment and order dated 03.08.2006 passed by the High Court Division in Civil Revision No.5101 of 2000.) ......n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ..Category: Property Law | Date: | Hits: 19
Mosammat Namiran Nessa Vs. Aftaruddin & others, 2007, 36 CLC (AD)
....cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ...... the learned Advocate-on-Record for the petitioners and Mr. Zahirul Islam, the learned Advocate-on-Record for the respondents and perused the judgment of the High Court Division and other connected papers. 8. The High Court Division on consideration of the materials on record held that the......er. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-22. Civil Petition for Leave to Appeal No. 356 of 2006. (From the judgment and order dated 16.08.2005 passed by the High Court Division in Civil Revision No. 3175 of 2002.) ......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Joynul Abedin J Mosammat Ashrafee Begum and others ........Petitioners Vs. Md. Siddiqur Rahman Patwari and others ........Re......thers were the defendants and in the said suit son of the defendant No.1 entered into a compromise, that defendants having had the knowledge about the transfers to the plaintiffs created fabricated documents showing Monoranjan as the executent of the said kabalas and that filed a suit being No. ..Category: Property Law | Date: | Hits: 20
MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)
....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: V ADC (2008) 655. ...... attained the age of retirement i.e. 57 years on that date and as a result there has been a miscarriage of justice. 9. We have heard the learned Advocate-on-Record and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High...... Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Managing Director, Natore Sugar Mills Limited, Natore and others..........Petitioners Vs. Md. Mostafizur Rahman………&hel......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: V ADC (2008) 655. ..Category: Employment/Service Law | Date: | Hits: 61
Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)
.... disputed facts which should be resolved between the parties themselves. So we direct both the parties to form a joint team with the competent persons from both the sides which will examine all the relevant materials including paid and unpaid bills issued by the respondents and the meter etc and ......ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Hassan Ameen J Brick Linker's Limited and another …………………Petitioners Vs. T......ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ..Category: Others | Date: | Hits: 92
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 649. ......ard Mr. Shaheed Alam, the learned Counsel for the petitioner and Mr. J.N. Deb, the learned Advocate for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 6. It is not...... by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-54. Civil Petition for Leave to Appeal No. 873 of 2005. (From the judgment and order dated 15.03.2005 passed by the High Court Division in Civil Revision No.1364 of 2002.) ......rrect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 649. ..Category: Property Law | Date: | Hits: 26
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....iolating the Rules relating to promotion, that plaintiff was appointed as Lower Division Assistant Cum Typist and the next higher post thereof is Upper Division Assistant, that the Chairman of the relevant time used to perform the functions of the Zilla Parishad whimsically and for that he was r......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md.Tafazzul Islam J Secretary, Zilla Parishad, Faridpur.........Appellant Vs. Md. Lutfur Rahman and others ..........Respondents Judgment March 20, 2005. Lawyers Involved: ......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....onstruction and subsequently transferred the property in favour of Amanullah. Amanullah also in compliance with the requirements of RAJUK, deposited transfer fees, service charges and the relevant documents with RAJUK for mutation but as he was not aware of the prescribed time limit of ......fendant No.1 and as such lease deed executed between defendant Nos. 1 and 2 is not void. 7. The plaintiffs went on appeal. The appellate Court dismissed the appeal upon observing that since papers as per terms and conditions set by the RAJUK were not submitted and consequent thereupon ca...... Present: Md. Ruhul Amin M.M. Ruhul Amin Md. Tafazzul Islam J Rajdhani Unnayan Kartripakkha (RAJUK)………Petitioner Vs. Iqbal Ahmed and others .........Respondents Judgment August 28, 2006. Lawyers Involved: ......hough at a point of time other than the time as claimed by RAJUK to have been fixed but RAJUK sat over the matter of mutation for 5 years although prayer was made upon furnishing the requisite documents by the plaintiffs' predecessor and then went for cancellation of the lease and the l..Category: Property Law | Date: | Hits: 30
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....directly recruited. Respondent No. 3 instituted a case before the Administrative Tribunal for determining his seniority above the officers directly recruited in his grade. 8. The relevant rule reads as follows: "One Officer Class I will be recruited dire......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......ellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and another................... Petitioners. Vs. The Administrative Appell......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ..Category: Administrative Law | Date: | Hits: 180
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....ial Court has observed "that the petitioners were diligently pursuing the suit and there is no laches on their part before the ex parte decree. Had petitioner No.4 been not attacked with fever at the relevant time than definitely he would take steps when the suit was called for hearing". On the ques......e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......tionally allowed the suit to be decreed ex parte for the purpose of depriving the plaintiffs from the fruit of the suit. It was also the case of the opposite parties that the defendants filed certain documents before the Court which were forged and fabricated and that apprehending that in case of pr..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
....for leave to Appeal No.1243 of 1998 preferred by the appellant against the judgment and order dated 20th May, 1998 passed by the High Court Division in Writ Petition No. 6028 of 1997. 2. The facts relevant for disposal of the appeal are that the writ-petitioner-respondent was the Chief Engineer o...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ...... Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 49 President's prerogative of mercy Article 49 of the Constitution gives the widest power to the President and no word of limitation can be indicated in the said Article and the order so passed by the Presid...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..Category: Criminal Law | Date: | Hits: 37
Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)
....urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ......he order of attachment made by the Court. 3. We have heard Mr. AQM Shafiullah, the learned Counsel for the petitioner, and perused the judgment of the High Court Division and other connected papers. 4. The Artha Rin Adalat upon hearing the parties and considering the materials on re...... MM Ruhul Amin J Md Tafazzul Islam J Uttara Bank Ltd.............................Petitioners Vs. Subordinate Judge and others......Respondents Judgment &nb......urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ..Category: Civil Law | Date: | Hits: 80
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ...... the learned Attorney-General for the appellants and Mr. Khandker Mahbubuddin Ahmed, the learned Counsel for respondent No. 2 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that an area of 1.26 acres of land situated in Mouza South Kattali......upreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Land and others.....Appellants Vs. Samondra Narayan Mahajan & another............Responde......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....e judgment of the Court of Settlement that the said Court in disposing of the case did not enter into the question of title of the respondent, rather proceeded to ascertain the fact whether at the relevant time, in the background of the contention of the appellant before the Court of Settlement ......Settlement when it finally took up the case for hearing on the date fixed neither the respondent nor his lawyer was present. The Court of Settlement dismissed the case on the finding "From the papers submitted before us by the parries and in the absence of original agreement for sale and tha.............. Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh vs. Md Jalil and others, 49 DLR (AD) 26; Ayes...... deed of agreement said to have been executed by Mr SM Hasan and the lease deed on the basis whereof Mr. SM Hasan got the property in question. Although the respondent took time to produce the said documents but ultimately did not produce the said documents before the Court of Settlement. It seem..Category: Property Law | Date: | Hits: 32
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