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Dulal Mridha Vs. State, 2008, 37 CLC (AD)
.... vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42. Lawyers Involved: ......the law or in other words offends the provision of law. 6. The Courts of facts discussed the evidence on record and held the convict was guilty of the offence he was charged and called upon to answer, if any. The courts of facts consideration the evidence of P.W4 and placed rel...... with reasoning arrived at the finding that the prosecution had established its case against the convict. It is not seen from the judgments i.e. Judgments of the High Court Division as well as of the trial court that said courts expressed and doubt as regard the evidence of P.W.4 and other witnesses...... 43 DLR (AD) 234; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonal..Category: Criminal Law | Date: | Hits: 62
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....803 belonged to Golam Ali, Basarat Ali and Mukta Bibi having 7 annas, 7 annas and 2 annas shares respectively. Golam Ali died unmarried leaving behind his sister, Asirunnessa as his heir and successor. Mukta Bibi also died leaving behind her daughter Asirunnessa as her heir while Asirunnessa was......y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ......d on payment of rent etc. to the said landlord. The record of right was prepared in their names. They sold the land to Ayub Hossain, Rahim Box and Shariful Islam by registered kabala. 4. The trial Court decreed the suit. On appeal being Title Appeal No.3 of 1999 the appellate Court dismiss......ate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Petition for Leave to Appeal No. 210 of 2006. (From the judgment and order dated 07.12.2005 passed by the High Court Division in Civil Revision No.3090 of 2001.) ..Category: Property Law | Date: | Hits: 22
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....why the impugned orders dated 01.03.2005 and 13.03.2005 passed by the learned Senior Assistant Judge, 3rd Court and ex officio Election Tribunal, Gazipur in election Dispute Case No.1 of 2003 and also the order dated 13.03.2005 for recounting the ballot papers as contained in Annexure-C to the wr......ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ......tion for leave to appeal. 6. Heard Abu Sams Md. Khalequzzaman, the learned Advocate-on-Record appearing for the petitioner and perused the judgment of the High Court Division and that of the trial Court and other papers on record. 7. It appears that the High Court Division has corr......sent: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J S.M. Fazlul Haque Manik......Petitioner Vs. Md. Habibullah Baher and others............Respondents Judgment October 3, 2007. Case Referred To-..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
....sp; Md. Ruhul Amin J. - This appeal is against the judgment dated May 20, 2002 of a Single Bench of the High Court Division in Civil Revision No. 5654 of 2000 making absolute the Rule against the judgment and decree dated August 31, of the Court of Subordinate Judge ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......o. 730 of 1999 allowing the same upon reversing the judgment and decree dated August 31, 1999 of the 4th Court of Senior Assistant Judge, Dhaka in Title Suit No. 37 of 1999 decreeing the same. The trial Court by the decree declared the plaintiff would get benevolent fund and group insurance bene......n: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ..Category: Employment/Service Law | Date: | Hits: 82
Shabul Miah Vs. State, 2008, 37 CLC (AD)
....; Md. Tafazzul Islam J.- The petitioner, the condemned-prisoner, seeks leave to appeal from jail by filing this petition challenging the ju...... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......) was started. The police after investigation submitted charge-sheet dated 17.6.2001 against the accuseds including the petitioner under sections 147/148/149/302/324/323/307 of the Penal Code. The trial Court framed charges against the petitioner and other accuseds under sections 302/34, 323 and......May 4, 2008. Lawyers Involved: Helal Uddin Mollah, Advocate-For the Petitioner. Not represented- the Respondent. Jail Petition No. 10 of 2007 (From the judgment and order dated 20.5.2007 passed by the High Court Division in Jail Appeal ..Category: Criminal Law | Date: | Hits: 39
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
....vision in Criminal Appeal No. 1056 of 1990 arising out of Sessions Case No. 86 of 1995 dismissing the appeal filed by the respondent No.1 Wazed Mia and maintaining his conviction and sentence of imprisonment for life under section 302/34 of the Penal Code for committing murder of Kalu and allowing t...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......re shifted to Medical College Hospital in Mymensingh where Kalu succumbed to his injuries. Over the incident informant lodged the FIR on 31.12.1984 at 14.25 hours. 3. In all 17 persons were put on trial to answer the charges under different sections of the Penal Code including section 302/34. ......neral, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Criminal Appeal No.18 of 2001 (From the Judgment and order dated 03.12.1995 passed by the High Court Division in Criminal Appeal No. 1056 of 1990) ..Category: Criminal Law | Date: | Hits: 38
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
.... - The petitioners seek leave to appeal against the judgment and order dated 27-09-2007 passed by a Division Bench of the High Court Division in Criminal Revision No.1019 of 2007 making the Rule absolute and direct the Trial Court to consider the application under Section 265(c) of the Code of C......he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ...... 3. The case record ultimately came to the file of the learned Sessions Judge, Chittagong, who transferred the same to the Court of 1st Additional Sessions Judge, Chittagong for trial. The accused petitioners filed and application under Section 265C of the Code of Criminal Pr......urt Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Rafique Hawlader @ Rafique Contractor and others…......Petitioners Vs The State............................Responden..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....ture complication, Haji Abdur Raquib by a registered deed dated 09.06.1989 admitted the sale of the said property in the year 1960 to the plaintiff and the plaintiff thus became the owner and possessor of disputed Dag Nos. 1642 and 1643 alongwith other land and by constructing houses thereon he ...... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ......itioner under Order 41 Rule 27 of the Code of Civil Procedure for admitting additional evidence on record cannot be entertained at this stage as it was not a case of the petitioner before the trial Court or the appellate Court and having failed to do so before the Courts below they arc subm...... Fazlul Karim J Md.Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Misbah Abedin..........Petitioner Vs. Muzmmil Ali and others…...... Respondents Judgment November15, 2007. Lawyers Inv..Category: Property Law | Date: | Hits: 29
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... 5.6.1986 or in the alternative for declaration of title in the suit land alleging, inter alia, that the suit land originally belonged to Sree Jogesh Chandra and Sree Sachindra Mohan and they sold 1.35 acres of land along with other land to Makbul Hossain, Habi Sheikh and Amiruddin by regis...... 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) 952. ......g failure of justice in not finding that the court of appeal below upon misconception of law and misreading of the evidence illegally allowed the appeal and reversed the judgment and decree of the trial Court without adverting to the finding of the trial court with proper reasoning. He lastly su...... Present: Md. Joynul Abedin J Md. Abdul Matin J Fazor Ali being dead his heirs: 1. Mst. Jahura Khatun & others ….......Petitioners Vs. Md. Marfat Ali and others ……………………….......Responden..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....1 and 2 and respondent Nos. 3-5 for cancellation of the compromise decree dated 25-10-1998 of Title Appeal No. 251 of 1996 passed by the Subordinate Judge (now Joint District Judge) Rajshahi and also for a declaration of title stating that the suit land originally belonged to Nitai, Gopal, Nirma......he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ...... of the plaintiff-defendant No. 3 took Tk.60,000/- as soletium. The plaintiffs have got no title and possession and therefore the suit is liable to be dismissed with costs. 4. The trial Court upon examining both oral and documentary evidence on record decreed the suit against wh...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Sree Santash Kumar Sarker and another………………...... Petitioners Vs. ..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....as to the extent of eight anas share, Ramesh Chandra Das to the extent of four annas share, Harendra Nath Das and Babu Ram Das to the extent of two anas each. Banomali Das died leaving behind three sons defendant No.1, Surendra Chandra. The defendant No. 2, Taruni Chandra and Ramesh Chandra. Ram......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......ls of land to the defendant No.5 by registered deed of kabala dated 2.8.1975 and delivered possession. By constructing dwelling house, this defendant is residing therein. 6. The learned trial Judge while trying the suit framed as many as seven issues as to whether the suit is maintai......44. ..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....ode of Civil Procedure without considering in its real perspective, ends of justice has not been secured by rejecting those application. Thus, in the facts and circumstances of the case and for reasons aforesaid, ends of justice would best be served, while agreeing with my learned brother, Amiru......9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ......e by the plaintiff also met its natural death. 9. Thereafter the High Court Division by the impugned judgment and order allowed the appeal, setting aside the judgment and decree of the trial Court and dismissed the suit. 10. Hence is this appeal. 11. Leave was gra......d JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Proc..Category: Procedural Law | Date: | Hits: 173
....ng it to use 11,400 cubic feet per hour and 10 PSIg pressure and thereafter the petitioner regularly paid various fees and charges against supply of gas and as per their demand, the respondent No.1 also gave a bank guarantee for a sum amounting Tk.11,27,800/- in their favour, the validity of which i......so the livelihood of large number of workers, the balance installments may be accepted.
4. As it appears the High Court Division issued Rule on the following terms:-
"The records need not be called for.
Let a Rule be issued calling upon the opposite parties to show cause as to why the i......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: 14 MLR (AD) (2009) 40.
......Amin CJ
MM Ruhul Amin J
Md. Tafazzul Islam J
Md. Abdul Matin J
Md. Shahabuddin...............Petitioner
Vs.
Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd. and others .............. Respondents
Judgment
October 30, 2007.
Result:
The petition ..
Category: Civil Law | Date: | Hits: 120
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... of land as P.S. and S.A Plot No. 979 had been in exclusive possession of Sheikh Jabbar Ali and P.S. Khatian No.138 was recorded accordingly and that Sheikh Jabbar Ali died leaving two sons, namely, Abdus Sattar, Fazu Mia and two daughters, namely, Amironnessa and Samirunnessa one so...... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ......of land from Ashraf Uddin and that the defendant No.1 has been residing in the suit land and the plaintiffs having no right, title and possession the suit was liable to be dismissed. 5. The trial court after recording evidence of six witnesses of the plaintiff and four witnesses from the ......Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Shamima Akhtar.........................Petitioner Vs. Md. Tofazzal Hussain and others ...........Respondents Judgment January 31, 2007. Lawyers Involve..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....d seeking declaration of title and for khas possession upon removing the structures in the land in suit. 3. The suit was filed averring that the land in suit belonged to plaintiff's predecessor and that after the death of his father plaintiff and others inherited the land in suit, that th......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......e any written statement in denial of the averment made in the plaint, and did not examine any witness, nor contested the suit by cross-examining the witness examined by the plaintiff. 5. The trial Court dismissed the suit on the finding that the plaintiff has no title in the land in suit a...... Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Feni and anr………………………Petitioners Vs..Category: Property Law | Date: | Hits: 25
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....ment and order dated June 7,2007 of a Division Bench of the High Court Division in Writ Petition Nos. 955 of 2005, 3186 of 2004, 2183 of 2004, 3362 of 2004 and 4339 of 2004 making the Rules absolute. 2. As the facts of the writ petitions were more or less same and the question of law...... their names were listed without proper verification and that also made decision to stop payment of Honorarium since some of the writ petitioners were found not Freedom Fighters. 14. We called upon the learned Counsel representing the leave petitions to address the Court as regard the......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Chairman, Bangladesh Freedom Fighters Welfare Trust and others......Petitioners Vs. Mominul Haque Bhuiyan and others....................R..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....t the 'Ka' schedule land belonged to Faizuddin and that 'Kha' schedule land was owned by the plaintiffs and the defendant No.1 in equal share, that Faizuddin had two wives, that plaintiffs are the sons of the second wife and the defendant No. 1 is the son of the first wife, that Faizuddin died l......harers and, as such, by the auction purchase defendants did not acquire exclusive ownership to the land so purchased. The co-sharers i.e. plaintiffs cannot be deprived of their due share by the so called auction sale since the auction purchaser was one of the co-sharers closely related person i.......t of land of Plot No. 665 has been prepared wrongly in the name of plaintiffs and defendant No.1, that on the death of Moksed defendant Nos. 21-26 inherited the land of Moksed. 7. The trial Court on consideration of the materials on record dismissed the suit upon observing: ...... Appellate Division (Civil) Present: Md Ruhul Amin CJ MM Ruhul Amin J Md Abdul Matin J Daliluddin Sheikh and others.........................Petitioners Vs Alek Sheikh alias Abdul Malek Sheik..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....l Abedin J. - This appeal by leave by the defendant is directed against the judgment and order dated 5-5-2003 passed by the High Court Division in Civil Revision No. 2305 of 1997 making the Rule absolute and thus decreeing the suit by setting aside the judgment and decree passed by the appellate......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ....... 2305 of 1997 making the Rule absolute and thus decreeing the suit by setting aside the judgment and decree passed by the appellate Court below and affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not Represented—Respondent Nos. 2-8. Civil Appeal No.150 of 2004. (From the judgment and order dated 5-5-2003 passed by the High Court Division in Civil Revision No. 2305 of 1997). ..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....le. 2. The short fact leading to the filing of the leave petition is that the suit land is originally recorded as Government khas land during the time of CS operation. The suit land was sold in auction for arrear of rent in Certificate Case No. 25/20-21 on 11-9-1922 and auction-purch......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......e over the suit land. Hence the plaintiffs filed the present suit for declaration of their title. 3. The defendant did not appear in the suit in spite of due notice and, as such, the learned trial Court took up the suit for ex parte hearing and by Order No.1 dated 23-3-1991 the trial Cour...... Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by the High Court Division in Civil Revision No. 4334 of 1998). ..Category: Property Law | Date: | Hits: 20
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....se No.4 of 1993 on the allegation that Dhaka General Post Office sent Motor Driving Licence and Motor Vehicle Stamp in three parcels worth Taka 1,44,475 for delivery to Narail Treasury Officer via Jessore RMS Office and the accused Nurul Amin was then serving as mail carrier of Narail line in the Je......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......ed, charge sheet was submitted against them on 27-10-1992 under sections 409/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act (Act II of 1947). 4. The case being sent for trial it was registered as Special Case No.4 of 1993 and the learned Divisional Special Judge, Khuln......-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 45 of 2009. (From the judgment and order dated 17-11-2000 passed by the High Court Division in Criminal Appeal No.1495 of 1994. ..Category: Anti-Corruption Laws | Date: | Hits: 173
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