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State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
....P. No. 358 of 2006) respectively allowing the Appeals and thereby acquitting the convict-appellants. 2. The case of the prosecution, in short, is that Shah Alam Babul (since dead) was Supervisor in Azampur News Paper Center within Police Station-Uttara. On 06.04.1997 at about 10.30 P.M. v...... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......om inherent infirmities and improbabilities. Inherent infirmities and improbabilities render the prosecution case wholly incredible." 10. The High Court Division also observed that the trial Court held that the abscondence of 8(eight) accused persons who were tried in absentia was an......) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M. M. Ruhul Amin J The State................Petitioner (In all the cases) Vs. Md. Ruhul Amin and others ..............Respondents (In Criminal Petition No.351 of 2006). Md. Amjad Hossai..Category: Criminal Law | Date: | Hits: 36
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
.... for him to live with the complainant and the witnesses were insulted and drove out of the house of the accused petitioner. On 17.01.1996 at about 7 P.M. the petitioner along with other accused persons visited the complainant's house and demanded Tk.1,50,000/- as the price for the articles deman......sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ......ment, the accused-petitioner will divorce the complainant and the petitioner thereafter refused to take back the complainant and hence the petition of complaint. On receipt of the said petition the trial Court issued process against the accused petitioner under section 4 of the Dowry Prohibition ......ed: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 395 of 2006. (From the judgment and order dated 24.07.2006 passed by the High Court Division in Criminal Revision No.1167 of 2000...Category: Criminal Law | Date: | Hits: 31
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
....ank as a running, capital of its project of M/S. Uttara Steel Corporation Limited a Re-rolling Mills established in Syedpur under District Nilphamari. That this industry became sick for various reasons such as shortage of raw materials and disturbance of supply of electricity which became main o...... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......er the provisions of Artha Rin Adalat Ain, 2003 and renumbered as Money Execution Case No. 84 of 2003 on 27.04.2003 which is totally illegal and the proceeding is without jurisdiction as suit under trial can only be transferred to the Court of Artha Rin Adalat Ain, 2003, as the Money Execution N......Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J M/S. Uttara Steel Corporation Limited and another..............Petitioners Vs. The Learned Judge, Artha Rin Adalat and oth..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
.... to him on 14.5.1980 at a premium of Tk.69,581/-; then a lease deed was executed and registered on 4.4.1984 leasing out the above plot to him for 99 years and the possession of the above plot was also delivered to him on that day; after obtaining necessary trade licence and getting his name neces......firmity 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: 13 MLR (AD) (2008) 262. ......to the defendant No.7 petitioner are illegal, collusive, malafide and those are not binding upon him on the averments that the Ministry of Works, the defendant respondent No.2, established an industrial estate at Mirpur, Dhaka and made many industrial plots therein and therefrom gave allotment o.................Petitioner Vs. Sultan Mahmud Chowdhury.................................Respondent Judgment August 5, 2007. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not ..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....h transferred his 0.04 acres of land to Nawab Ali Munshi, the father of the plaintiff and Sirajuddin by deed of Heba-bil-Ewaj dated 18.03.1942. Nawab Ali died leaving behind the plaintiff as the only son, Sirajuddin transferred his share in favour of Abdul Majid, Secretary of Madrassa by the deed of......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......d decreed the Suit being failed to appreciate the evidences on record in its proper perspective and came to an erroneous finding that the Appellate Court below reversed the judgment and decree of the trial Court without reversing the findings of the trial Court and came to wrong finding resulting in......ul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1356 of 2005. (From the judgment and order dated 22nd March, 20Q5 passed by the High Court Division in Civil Revision No. 530 of 2001..Category: Property Law | Date: | Hits: 42
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....rom the judgment and order dated 15-6-2004 passed by this Court in Criminal Petition for Leave to Appeal No. 12 of 2003). Judgment Md. Abdul Matin J. - Complainant petitioner Nizamuddin Mahmood sought review of the judgÂment and order dated 15-6-2004 passed by this Court in Criminal Petition ......petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......ithin the knowledge of the complainant and requirement of its disclosure will result in stifÂling the prosecution and depriving the comÂplainant from proving the prosecution case by evidence at the trial and that the presumption under section 27 of the General Clauses Act as to the registered post......late Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Nizamuddin Mahmood……….........................Appellant Vs. Abdul Hamid Bhuiyan and another..............Respondents Judgment June 17, 2008. Result: The appeal is allo..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....n a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, therefore, does not offend an under-trial prisoner’s fundamental right of equality before law or equal protection of law, rather it ensures his......ivilege of bail but respondents violating the Constitutional provision provided under Article 35 of the Constitution included the case in the list of Druto Bichar Tribunal case on the basis of the so-called power given under Druto Bichar Tribunal Act, 2002. The impugned Act was published in the addi......har Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, ......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants Vs. Bangladesh and others………â..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....gust, 1991. The Registrar of Trade Marks being satisfied about the right of property involved in the trade mark ordered the same to be advertised in the journal and accordingly, the trade mark was so advertised. As there was none who had any right, title and interest over the trade mark in quest......estion. They never lodged any objection as to the trade mark registered in the name of the appellant. It was stated that UNILAC used to supply raw materials to the appellant from Australia. The so-called user agreement dated 1st July 1991 has no binding effect on the appellant because it was nev......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......J Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Unilac Sanowara (BD) Ltd...........................Appellant Vs. Bonlac Foods Limited and another..................Respondents Judgment July 15, 2008. The Trade ..Category: Intellectual Property Law | Date: | Hits: 245
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....This appeal by leave by the respondent arises out of the judgment and order dated 5-12-2007 passed by a Division Bench of the High Court Division in Writ Petition No, 7451 of 2007 making the Rule absolute and thereby declaring the entire proceedings in Special Case No. 6 of 2007 arising out of C......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......93 or 128 of the Ordinance …………(13) Sanction under section 170 of the Ordinance The question of validity of the sanction or any defects in it can only be determined by the trial Court……….(14) Cases Referred to- MA Hai vs. TCB 40 DLR (AD) 206; Nes......bsp; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of the People's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan..Category: Fiscal/Taxation Law | Date: | Hits: 97
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
.... of 1988 before the High Court Division, Bench at Sylhet, which on transfer to Dhaka was renumbered as Civil Revision No. 10067 of 1991. Mr. Jitendra Narayan Deb, Advocate (since deceased) was the sole lawyer for the plaintiffs before the High Court Division. On 17-08-2000 the above Civil Revisi...... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ......unsif (now Assistant Judge), Habiganj for specific performance of contract. Out of six defendants only the Government of Bangladesh, the defendant No. 6, contested the suit. After hearing the trial court by judgment and decree dated 29-11-1983 dismissed the suit. Being aggrieved the plainti...... (XVI) BLT (AD) 21. ..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....his appeal by leave by the defendants arises out of the judgment and order dated 10-06-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 2444 of 1999 making the Rule absolute upon setting aside the judgment and decree dated 8-2-1999 passed by the 2nd Court of&n......over the management of the Mango garden to them but did not have the desired result. The plaintiffs then represented to the Forest Department for releasing the suit land and thereupon a report was called for and the date of hearing was fixed on 30-03-1992 in this regard. But the Forest Departmen......wn. The plaintiffs have no title, interest and possession in the suit land and accordingly they manufactured false documents and filed the suit with a view to grabbing the suit land. 6. The trial court decreed the suit. The contesting defendants thereafter took appeal and the appella...... Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Government of Bangladesh represented by the Secretary Ministry of Environment and Forests and others.............Appellants (In Civil Appeal No. 330 of 2003) Government o..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....he rule. 3. The plaintiff respondent instituted the aforesaid title suit of declaration of title and partition stating, inter alia, that the suit and belonged to one Md. Hekim, predecessor of defendant Nos. 1-13, who died leaving behind two sons Md. Aslam and Md. Anfar and one daught......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......who decreed the suit. The defendant appellant preferred Title Appeal No. 128 of 1995 which was heard by the learned Subordinate Judge, 3rd Court, Sylhet who affirmed the judgment and decree of the trial court. Thereupon the defendant moved the High Court Division under Section 115 (1) of the Cod...... LG (2007) AD 231. ..Category: Property Law | Date: | Hits: 26
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....laneous Case was registered upon an application filed by the accused under section 561A of the Code of Criminal Procedure. The High Court Division made the order appealed without issuing Rule and also without hearing the State. 3. Facts in the background whereof the aforesaid Special Trib......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ...... (arising out of Special Tribunal Case No. 25 of 2003, G.R. Case No. 42 of 2001 of the Special Tribunal No. 1 of Laxmipur). The appeal is as regard the order which runs as:- “The trial of the petitioner under Section 25A is not legally sustainable in law but if a Rule is issued......s Hiron……........... Respondent Judgment August 17, 2006. Cases Referred to: 9 BLC (HCD) 668; 54 DLR 98; 15 BLD (HCD) 477; 44 DLR (AD) 95; 49 DLR (AD) 130 and 175; 1983 BLD (AD) 193; 1984 BCR (AD) 532; 1989 BLD (AD) 72; 5 BLC (AD) 74; 7 BLC (AD) 43; 10 ..Category: Criminal Law | Date: | Hits: 38
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
..... 7. The Special Tribunal by its judgment dated 23-10-1993 convicted the respondent under Section 19(a) and 19(f) read with Special Powers Act and sentenced him to suffer rigorous imprisonment of 10 (ten) years and to pay a fine of Tk. 5000/- in default, to suffer rigorous imprisonme......to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......as been falsely implicated in the case. 5. Under the aforesaid Sections of law the charge was framed and same was read over to the accused on dock to which he pleaded not guilty and demanded trial. 6. The prosecution examined 12 Pws. all of whom were cross examined by the defence. T...... The State..............................Appellant Vs. Liaquat Hossain @ Liaqut.........Respondent Judgment August 2, 2007. Case Referred to- Abu Taher and others vs. Shrifa Begum and others, 15 BLD (1995) (AD) 91. Lawyers Involved: Zahi..Category: Criminal Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
....er dated 13.04.2006 passed by the High Court Division in Criminal Appeal No. 1003 of 2004 dismissing the appeal. 2. The facts, in short, are that the Assistant Sub Inspector of D.A.B Jessore, lodged an F.I.R. With Keshabpur Police Station alleging, inter alia, that the accused Md. Ha...... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... 4. Then the case record was sent to the learned Special Judge, Jessore. Who framed charge on the basis of the materials available on record to which they pleaded not guilty. 5. During trial the prosecution examined 12(twelve) witnesses while the defence examined none. 6. The ......by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 240 of 2006 (From the judgment and order dated 13.04.2006 passed by the High Court Division in Criminal Appeal No.1003 of 2004.) ..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
..... in the morning accused Azahar, brother-in-law of accused Salim went to the dwelling house of victim Majibur Rahman and called him out of the house to talk about payment of money by those accused persons by holding another salish and took him to the southern side of the house in the kalai (a kind o......nspite of a salish the money was not recovered. On 12.12.1991 at about 9.00 A.M. in the morning accused Azahar, brother-in-law of accused Salim went to the dwelling house of victim Majibur Rahman and called him out of the house to talk about payment of money by those accused persons by holding anoth......estigation subÂmitted charge sheet under section 302/34 of the Penal Code. 3. Defence plea was one of innocence and false implication. 4. The prosecution examined 19 witnesses in the case. The trial Court on consideraÂtion of the materials on record convicted accused Salim, Azahar and Nasir ......ellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Abdul Matin J The State...............................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 2007. Lawyers Inv..Category: Criminal Law | Date: | Hits: 26
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
.... defendant petitioners seek leave to appeal against the judgment and order dated 09.08.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 1887 of 1996 making the rule absolute. 2. One Salamat Hajra, predecessor of the respondent Nos.1 to 13 instituted Title Sui......w of the discussion made above, we do not find any substance in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 430. ......ous possession of the suit land and both the S.A. and the R.S. Khatians were recorded in the name of the plaintiffs. The plaintiffs also paid upto date rents in respect of the suit land. The trial court found that the land revenue of the suit land has been paid by the plaintiffs and the...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Ekabbar Hajra and others......................Petitioners Vs. Salamat Hajra being dead his heirs Su..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
..... On transfer to the Court of the Sadar Munsif the suit was renumbered as C.G. Suit No. 311 of 1984. The plaintiff alleged that suit plot No. 350 and 379 originally belonged to Bachcha Mia and his son Basiruddin and subsequently Bachcha Mia sold an area of 0.48 acres of land from plot No.35......d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ......ever threatened the plaintiff with dispossession and the suit liable to be dismissed. 4. Mr. Shahabuddin Ahmed, learned Senior Advocate, appearing for the petitioner submitted that the trial Court while dismissing the suit found correctly relying on Exts- 'A’ and 'B' that the ...... Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Basiruddin....................................Petitioner Vs. Md. Moslem Uddin and others.......Respondents Judgment September 13, 2007. Lawyers Involved: ..Category: Property Law | Date: | Hits: 19
Sheikh Intaz Ali and others Vs. Solaiman Tarafder and others, 2006, 35 CLC (AD)
.... in the petition for leave to appeal. On perusal of the judgment of the High Court Division and the order of the trial Court we are of the view that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case i......cord and perused the materials in the petition for leave to appeal. On perusal of the judgment of the High Court Division and the order of the trial Court we are of the view that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. ......aneous Case No. 17 of 1993 allowing the same and thereby restoring the Title Suit No. 40 of 1985 to its original file and number upon setting aside the ex parte decree passed therein. 2. The trial Court allowed the Miscellaneous case upon an application filed under order 9, Rule 13 of the ......: V ADC (2008) 420. ..Category: Procedural Law | Date: | Hits: 78
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....lia, that superior landlord upon auction purchase of the interest of the tenants by name Bakar South and Miah South settled the land to Alimuddin who died leaving daughter Joytun Bibi and she sold the land in suit to certain Mofizuddin and his brother Aftaruddin by the kabala dated August 2......ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ......d Tazu Mia did not acquire any title and interest in the land in suit and that the plaintiff has also no possession in the land in suit and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on the finding that the suit as framed is maintainable and not ba...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Taher Ali being dead his heirs: Anowara Begum and others ...........Petitioners. Vs. Ali Mohammad...........Respondent. Judgm..Category: Property Law | Date: | Hits: 22
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