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Khan Yeakub Ali Vs. The State and others, 2008, 37 CLC (AD)

.... Bagerhat, in Nari-O-Shishu Case No. 59 of 1999 convicting the appellant under section 9(Ka) of the Nari-O-Shishu Nirjatan Daman (Bishes Bidhan) Ain, 1995 and Sentencing him to suffer regorous imprisonment for life and pay a fine of Taka 10,000/- in default to suffer rigorous imprisonment for fu......her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ......her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ......…………………………………………………….Petitioner Vs. The State and others……………………………&..

Category: Criminal Law | Date: | Hits: 40

Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)

....rs Mohammad Fazlul Karim, J and Md. Joynul Abedin, J. I agree with the result of the appeals reached by my brother Md. Joynul Abedin, J. But my approach to the point of law involved in the appeals is somewhat different from that of my brother Md. Joynul Abedin J. In the totality of the facts of the ...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ......hey were tried by the Assistant Sessions Judge and the Special Tribunal Judge, the Additional District Magistrate granted them bail. At the time of framing charge both the accused were absent and the trial was held in absentia and they were convicted and sentenced as above. Against the aforesaid, co......te Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission and others……………Appellants Vs. Mahmud Hossain and others………………………�..

Category: Anti-Corruption Laws | Date: | Hits: 139

Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)

....ved 369 votes, the respondent No.1 have received 370 votes and respondent No. 2 got 292 votes, respondent No. 3 got 113 votes, respondent No.4 got 75 votes and respondent No. 5 got 41 votes. It was also alleged that the present respondent No.1 was declared elected by 5 votes but subsequently by......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ...... the petitioner has established a proper foundation for recounting of ballot papers. The respondent No.1 of the election petition seriously contested the plea of recounting of ballot papers 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by ju......ivision (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Khalilur Rahman………………………………..Petitioner Vs. Md. Alam Bepari and Others……………………..Respondents Judgment May 20, 2008. Lawyers Involved: ..

Category: Election Law | Date: | Hits: 159

Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)

....1 of 2003 heard with Death Reference No. 92 of 2003 rejecting the Death Reference and dismissing the Criminal Appeal with modification of sentence that death sentence be commuted to imprisonment for life. 2. The prosecution case, in brief, is that one Abul Hossain (deceased) fat......hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......ion 161 of the Code of Criminal Procedure and finally submitted charge-sheet against 23 accused including the present petitioners. 4. The case record ultimately came to the file of the trial Court (Additional Sessions Judge, Cox's Bazar), who framed charge against 27 accused under Se...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Karim Dad Sikder and another..................Petitioners Vs. The State………&helli..

Category: Criminal Law | Date: | Hits: 22

Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)

....istrict-Barguna originally belonged to Kashem Ali in 4 annas share, Hemej Uddin and Kanchan Khan in 5 annas 10 gondas share each and Khatijan Bibi in 1 anna share in the reiyati right. Kanchan Khan sold .80 acre of land out of R.S. Khatian No. 395 to the plaintiff by registered kabala dated 24.05......ect 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) 882. ......s accordingly prepared. The plaintiff's kabala was collusive and forged and the S.A. Khatian recorded owners were not made parties in the suit. So the suit is liable to be dismissed. 4. The trial court decreed the suit. Being aggrieved the defendants preferred Title Appeal No.11 of 1998 a...... Asmat Ali..........................Petitioner Vs. Alam Miah & others ..........Respondents Judgment November 5, 2006. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petition..

Category: Property Law | Date: | Hits: 24

Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)

....cted against the judgment and order dated 29.5.2007passed by a Single Bench of the High Court Division in Civil Revision No.1262 of 2005 discharging the rule. 2. The respondent Nos.1-121 and some predecessors of the respondents as plaintiffs filed Other Class Suit No. 23 of 1961in the cou......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) 878. ......to appreciate and consider that the plaintiffs of Other Class Suit No. 105 of 1998 admittedly claimed 8 annas shares out of 62.66 acres of land for which the plaintiffs sought for partition but the trial court illegally allowed 42.58 acres of land to the plaintiffs on account of the forged and fr...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Miah Raja and others...........Petitioners Vs. Md. Ijab Uddin and others........Respondents ..

Category: Property Law | Date: | Hits: 22

Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)

....o the ownership of the suit property and the petitioner has a doubt as to the bona fide landlord of suit property and intended to deposit the rent with the House Rent Controller till the dispute is resolved. It was further stated that the petitioner sent the rent of Tk. 150/- by a money order to the......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......n contending that the petitioner ceased to be a tenant in the suit premises and the property vested in the Government and the present proceeding is barred under Article 23(4) of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 and the rent were not deposited with the House Rent ......For respondent No. 1. Syed M. Rahman, Advocate-on-Record-For respondent No. 2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1087 of 2005. (From the judgment and order dated 09.04.2005 passed by the High Court Division in Civil Revision No. 2906 of 1999). ..

Category: Tenancy Law | Date: | Hits: 148

Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)

.... of 1985 affirming those of dated 25th November, 1984 passed by the learned Munsif (now Assistant Judge), Kulaura, Moulvibazar in Title suit No. 66 of 1983 dismissed the suit. 2. The predecessor of the petitioners namely Sonawer Ali, as plaintiff, filed the above suit (previously Title Su......rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......nd feel in the share of he defendant No.5; on receiving the summons of the suit the defendant No.5, for the first time, came to know about the alleged kabalas in favour of the plaintiff alone. The trial court, after hearing, dismissed the suit. As against that the plaintiff preferred Title Appea......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Sonawar Ali being dead his heirs; Md. Mobaswir Ali Chowdhury and others. ...... Petitioners Vs. Md. Nonahar Ali alias Monawar Ali being dead his ..

Category: Property Law | Date: | Hits: 23

Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)

....Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 29.05.2007 passed by the High Court Division in Civil Revision No. 1360 of 2001 making the Rule absolute with costs and vacating-the order of injunction granted on 29.01.2002 reversing the jud......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ...... he did not sale 0.33 acre of land to the plaintiff by kabala No.1178 dated 12.01.1968 and if so, he created the said deed by applying fraud, beyond the knowledge of defendant No. 2. 7. The trial court dismissed the suit on appeal the judgment of the trial court was set aside and the suit......2008) 854. ..

Category: Property Law | Date: | Hits: 28

Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)

.... Case(pre-emption) No. 29 of 1993 allowing the same. The Miscellaneous Case was filed under section 24 of the Non-Agricultural Tenancy Act. 2. Facts in short, are that the pre-emptor sought to pre-empt the land transferred by the Heba-bil-Ewaz deed dated April 4, 1978 claiming to be......e about the Heba-bil-Ewaz deed by which land which is part of pre-emptor's homestead has been transferred, that on September 1, 1989 pre-emptee-opposite party No. 1 (in the Miscellaneous case) called a 'salish’ to sell the land sought to be pre-empted and also the structures thereon as......hy;missed and that the appeal being No. 106 of 1991 against the judgment and decree passed in Suit No. 25 of 1990 is pending and as such the Miscellaneous Case is liable to dismissed. 5. The trial Court allowed the prayer for pre-emption. On appeal the appellate Court set aside the ...... Md. Tafazzul Islam J Md. Maniruddin …………………... Petitioner Vs. Md. Totab Ali @ Kutub Ali being dead his heirs: Mazeda Khatun and others ......Respondents Judgment August 22, 2006. Lawyers Involved: ..

Category: Property Law | Date: | Hits: 19

Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)

....1170,1171 and 1172 of 1995, rejecting the review petitions. The review petitions were filed against the judgment dated June 10, 1996 making the Rules obtained in the aforementioned writ petitions absolute and thereupon declaring that the land measuring 29.99 acres were not acquired in L.A. Case ......possessed by the T&T authority although there is no Gazette Notification for the acquisition of the said land. The Ministry of land Administration and Land Reforms called for a report from the office of the Deputy Commissioner, Dhaka. The Additional Deputy Commis...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ......J Md. Tafazzul Islam J Chairman, T& T Board, Telejogaon Bhavan, 37/5, Eskaton Garden, Ramna, Dhaka. .........Appellant (In all the appeals) Vs. Md. Rafiqur Gaznavi and others…………….Respondent (In Civil Appeal No. 85 of 2000)..

Category: Property Law | Date: | Hits: 56

Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)

....tested by the defendant Nos. 1 and 2 by filing written statement denying the material averments made in the plaint and stating, inter alia, that the suit is barred by limitation and is also bad for defect of party and that land measuring 6.88 acres belonged to Sabjan Nessa and the S. A......not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ......n the land in suit and they have also no possession in the land in suit and that as the plaintiffs are not in possession of the land in suit, the suit is liable to be dismissed. 4. The trial Court decreed the suit on the finding that plaintiffs have been able to prove their right, ti...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mongal Sarder being dead his heirs: Adbur Razzaque Sarder and others ............... Petitioners Vs. Md. Azahar Ali Pk. being dead his heirs: M..

Category: Property Law | Date: | Hits: 25

Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)

....Code of Civil procedure which was rejected by order dated 07.10.1998. The property of the judgment debtor was put into auction and the respondent No.2 being the highest bidder the suit property was sold to him in the auction sale. Thereafter, the present writ petitioners filed an application unde......99 Passed by Artha Rin Adalat and Joint District Judge, Dinajpur, respondent No. 1 in a proceeding under Order 21 Rule 89 of the Code of Civil Procedure being Miscellaneous Case No. 16 of 1998 was called in question. The respondent No.3 Rajshahi Krishi Unayan Bank, Birainpur Branch, Dinajpur in...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......37. ..

Category: Civil Law | Date: | Hits: 92

Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)

....was restored. Thereafter the defendant No. 1, the petitioner herein, filed written statement stating, inter alia, that the defendant No.9 Mrs. Shahana Begum died on 3.2.86 and then the petitioner also filed another application for recording abatement of the suit so far it, relates to the said def......nable. We are of the view that the High Court Division on correct assessment of the evidence on record and applying the correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 200......he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......irul Kabir Chowdhury J Faroque Ahmed………………………………..Petitioner Vs Subordinate Judge, 2nd Court and Artha Rin Adalat No. 1, Rangpur and others ………………&hell..

Category: Civil Law | Date: | Hits: 78

Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)

....itioners as alleged victim only to defame their honour and integrity and they were shown as the victims in a case filed under section 5(1) of the Nari-O-Shishu Daman Ain, 2000 against two other persons namely Salauddin and Mahbub Alam Razu. The learned Advocate for the petitioners submits that i......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ...... purely a question of fact and this disputed question of fact cannot be decided under Article 102 of the Constitution. The petitioners will have opportunity to ventilate their grievance before the trial Court where they can prove that they are not connected with or involved in immoral activities...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shoma Akter Shoma and another………….Petitioners Vs. Bangladesh and Ors…..

Category: Criminal Law | Date: | Hits: 41

Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)

....ng custody of the minor child by his father. 3. The plaintiff, father of the minor filed the suit stating, inter alia, that he married the defendant (the appellant herein) on 14.2.1991 and a son was born on 27.10.1991, that his wife used to quarrel with him over trivial domestic matters, t......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ...... defendant, herein the appellant, moved the High Court Division in revisional jurisdiction and obtained the Rule. It appears that revisional application was filed without furnishing decrees of the trial Court as well as of the appellate Court and in that background while issuing the Rule on 21.1......inst the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which was filed against the judgment and order dated November 14," 1999 of the Court of Nari-O-shishu Nirjatan Daman Bishesh Adalat..

Category: Family Law | Date: | Hits: 173

Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)

....t Md. Ruhul Amin J. - This petition for leave to appeal has been filed against the judgment dated July 14, 2003 of the High Court Division in Civil Revision No.5657 of 2002 making the Rule absolute upon setting aside the order dated July 3, 2002 (Order No.60 dated 3.7.2002) rejecting the a...... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ......e of Civil Procedure seeking withdrawal of the Title Suit No. 65 of 2002 and the said prayer was rejected on the ground that the award was filed by the sole Arbitrator. As against the order of the trial court rejecting the prayer for withdrawal of the suit the Respondent moved the High Court Div......itration Miscellaneous Case No. 645 of 1994 before the 3rd Court of Subordinate Judge impleading the opposite party in the revisional application with the prayer for appointment of sole Arbitrator and the parties to the Miscellaneous case mutually having had agreed sole Arbitrator was appointed ..

Category: Alternative Dispute Resolution | Date: | Hits: 222

Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)

.... This petition for leave to appeal has been filed against the judgment and order of April 12, 1999 of a Division Bench of the High Court Division in Civil Revision No. 915 of 1997 making the Rule absolute which was obtained against the order No. 48 dated November 12, 1996 of the 1st Court of Sub......an ex parte decree can be set aside only on specified grounds i.e. when the summons was not duly served and when the defendant was prevented by any sufficient cause from appearing when the suit was called on for hearing", but the court below did neither arrive at the finding that summons wa......ting, inter alia, that the summonses were duly served upon the defendants and the Court being satisfied about the due service of summonses on the defendants decreed the suit ex parte. 4. The trial Court upon hearing the parties allowed the Miscellaneous Case, in spite of failure ...... Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Deputy Commissioner, Bagerhat……………… Petitioner Vs. Sunil Kumar and others…………………..Respondent Judgment ..

Category: Property Law | Date: | Hits: 23

Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)

....ers .......Respondents Judgment August 11, 2003. Result: The appeal is dismissed. (a) A law may be constitutional even though it relates to a single individual, if on account of some special circumstances or reasons applicable to him and not applicable to others, that single in......ation examination required for promotion. 7. Bangladesh Civil Service (Agriculture: Livestock) was constituted vide S.R.O. No.310-L/80/ED(IC)S11-6/80-101: dated 1.9.1980 under the rules called the Bangladesh Civil Service (Agriculture" Livestock) composition and Cadre Rules, 1980 provi...... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ......lso Reported in: 2007 (XV) BLT (AD) 124. ..

Category: Employment/Service Law | Date: | Hits: 133

M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)

.... petitioner for selling the property at a sum of Tk. 11,75,000/- by taking permission from the court. During pendency of the aforesaid mortgage execution case Other Suit No. 22 of 1998 was filed by some 3rd parties claiming their title over the property and for declaring that the mortgage suit w......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......min J Amirul Kabir Chowdhury J M/s. Karnaphuli Traders…………………Petitioner Vs. Joint District Judge, First Artha Rin Adalat and others……. Respondents Judgment March 09, 2006. Lawyers Invo..

Category: Banking Law | Date: | Hits: 90

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