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Nantu Vs. State, 2007, 36 CLC (AD)
....No.13 dated 09-08-1996 corresponding to G R. No.298 of 1996 converting the accused-appellant and others under Sections 302/149 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Tk. 5000/- each, in default to suffer rigorous imprisonment f......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......r a period of 2 years and to pay a fine of Tk. 1,000/- each, in default, to suffer rigorous imprisonment for a further period of 3 months. 2. The petitioner along with others were placed on trial for the offence under Sections 302/149 and 201 of the Penal Code on the basis of F.I.R. lodge......, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 338 of 2006. (From the judgment and order dated 21st August, 2005 passed by the High Court Division in Criminal Appeal No. 2057 of..Category: Criminal Law | Date: | Hits: 37
Malek Gharami Vs. State, 2007, 36 CLC (AD)
....998 of the Court of Additional Sessions Judge, Madaripur in Session Case No. 10 of 1996 convicting the petitioner Malek Gharami under Section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to a fine of Tk.5,000/- in default to suffer rigorous imprisonment for on......2/34 of the Penal Code. In due course the records were sent to the Court of Sessions and there Session Case No. 10 of 1996 was registered. 4. At the trial the accused persons, in all 2, were called upon to answer the charge under section 302/34 of the Penal Code. The accused persons pleade...... Miah alias Rangu Gharami under section 302/34 of the Penal Code. In due course the records were sent to the Court of Sessions and there Session Case No. 10 of 1996 was registered. 4. At the trial the accused persons, in all 2, were called upon to answer the charge under section 302/34 of ......p; Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 167 of 2004. (From the Judgment and Order dated April 19, 2003 passed by the High Court Division in Criminal Appeal No.901 of 1998..Category: Criminal Law | Date: | Hits: 38
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....0.4.1995 passed by the learned Additional Sessions Judge, 1st Court, Satkhira in Sessions Case No.23 of 1990 convicting him under sections 302/34 of the Penal Code and sentencing him to suffer imprisonment for life for the murder of his own baby daughter, Rokshana, born of his second wife and in......d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ...... 4. The learned Additional Sessions Judge, on receipt of records, framed charge against the accused petitioner and others and read it over to them to which they pleaded not guilty and demanded trial. 5. The prosecution examined eleven P.Ws. all of whom were duly cross-examined by......Ali, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 110 of 2004. (From the judgment and order dated 28.3.2004 passed by the High Court Division in Criminal Appeal No.870 of 1995). ..Category: Criminal Law | Date: | Hits: 41
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
.... It is well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The trial court, in such cases, should be on its guard so that the evidence of one case is not imported into the other and thereby divert the course of ju......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ...... January 15, 2007. Trial of Cross Cases It is well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The trial court, in such cases, should be on its guard so that the evidence of one case is not imported...... Rahman ………………......Respondent Judgment January 15, 2007. Trial of Cross Cases It is well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The t..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
....by the learned Additional Sessions Judge, Narshingdi for confirmation of sentence of death awarded by him by the judgment and order dated 26-08-2001 in Sessions Case No. 56 of 1995 to condemned prisoner, Abdus Sattar upon convicting him under Sections 302/34 of the Penal Code. The Court of ......o lodged the FIR Long after more than 24 hours alleged that he heard the occurrence from his son, the deceased at Narshingdi hospital on the date of occurrence. In this connection it may be recalled here that the attending physicians at Narshingdi hospital or the persons, who were allegedly......f investigation, submitted charge- sheet against the accused-appellants and another under Sections 302/34 of the Penal Code. The case records were sent to the Court of Sessions. At the time of trial, Court of Additional Sessions Judge, Narshingdi on the basis of materials available on the r......ul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J The State ……………………….Petitioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 44
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
....55 of 1972 in the Court of the then Munsif at North Raozan, Chittagong against the respondents praying for declaration of title and recovery of khas possession of 'Ka' schedule land and also for declaration of title and confirmation of possession in the 'Kha' schedule land alo......itted the possession of the plaintiff in the homestead at R.S. Plot No483T 7. Mr. Abu Siddique, learned Advocate-on-Record, appearing for the respondent Nos.1-2 and 5-10 submits that the so-called auction sale was never acted upon and the auction purchaser never obtained possession or ent......mittedly the parties have dwelt much regarding R.S. Plot No. 4833 and the Court of Appeal below found that the right, title and possession in schedule 'Ka' but has not disturbed the finding of the trial Court regarding schedule 'Kha'. The learned Advocate as well did not dispute regarding p......t Appellate Division (Civil) Present Mohammad Fazlul Karim J Md. Joynul Abedin J Most. Rashida Khatun ..........Appellant Vs. Sakina Begum and others…....Respondents Judgment May 24, 2007. Lawyers Involved: ..Category: Property Law | Date: | Hits: 24
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....ntly settled the suit land orally to one Pashupati Mukhpadhaya who had been possessing the suit land. Modhu Sudan Mondal father of the plaintiffs continued a bargader under Pashupati Mukhpadhaya also, Subsequently Pashupati Mukhpadhaya gave a power of attorney in favour of Satish Chandra Chattop......oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ...... acres of land in favour of defendant Nos.1-4 and they are in possession after getting their names mutated in the records of the Revenue Department. The Plaintiffs have no possession. 4. The trial court on consideration of the materials on record decreed the suit. On appeal in Title Appeal...... Supreme Court Appellate Division (Civil) Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Swapan Roy and others……………........Petitioners Vs. Shashadhar R..Category: Property Law | Date: | Hits: 23
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....ther Dalimjannessa. Dalimjannessa transferred the suit land in favour of Gaziur Rahman, Ahmed Ali and Rahmat Ali by a deed of settlement. The said Gaziur Rahman and others erected homestead in some portion of the suit land and thereby owned and possessed the said land for over 12 years by c......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......rding could not affect the right, title and possession of the plaintiffs therein disentitling their legal right. 10. We have perused the records and are of the view that though the trial Court partly decreed the suit but the Court of appellate below on consideration of the materi......t Appellate Division (Civil) Present Mohammad Fazlul Karim J Md. Joynul Abedin J Rahmat Ali being dead his following substituted heirs; Md. Abdur Rashid and others.……….. Petitioners Vs. Md. Abdul Gani and others .......Category: Property Law | Date: | Hits: 26
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....titution of the People's Republic of Bangladesh directed against the judgment and order dated 28.03.2005 passed by the High Court Division in Civil Revision Case No. 5406 of 2002 making the Rule absolute setting aside the judgment and decree dated 11.06.2002 passed by the Additional District Jud......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ...... corresponding of 14 R.S. Plots but the High Court Division without recording any independent finding and on mere surmises and conjectures most illegally concurred with the finding of the trial relating to the plaintiffs alleged possession and passed the impugned judgment and thus commi......ADC (2008) 115. ..Category: Property Law | Date: | Hits: 27
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
.... Court; the preemptee-appellant and his brother are strangers to the case land and though the preemptor-respondent Nos.1 and 2 are co-shares by inheritance no notice was served upon them and they also had no knowledge of the above transfer till later part of Agrahayan, 1383 B.S. when he for ......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......ncy of the pre-emption case and the appellate court, the final court of facts, having found that the sale deeds were collusively created in the name of fictions persons reversed the finding of the trial court to the effect that the pre-emptors having already exhausted their right, title and inte......llate Division (Civil Present Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Wazed Sharif .......................Appellant Vs. Shudhir Ranjan Biswas and others ... Respondents Judgment March 15, 2007. Cases Referred To- ..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....th two one-storied buildings thereon situated at Chatteswari Road, Chittagong. In pursuance thereof the plaintiff submitted a tender in the prescribed form offering Tk.2,87,00,000/-. He also deposited Tk.15,00,000/- with the defendant as earnest money. Offer of the plaintiff was provisi......lculated @ 25% of the bid money. The money was not paid. The plaintiff suggested amendments in clauses 4, 6 and 12 in the draft agreement for sale of the suit property, which the plaintiff was called upon to sign. Discussions and negotiations then followed but there was no decision. The plai......d time, the earnest money was forfeited in terms of the contract as the forfeiture of the earnest money was in accordance with the terms of the contract concluded between the parties. 4. The trial court, on consideration of the evidence on record, decreed the suit. 5. The defendant ...... Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not represented- the Respondent. Civil Appeal No. 03 of 2000 (From the judgment and order dated 29.11.1993 passed by the High Court Division in First Appeal No.238 of 1991). ..Category: Property Law | Date: | Hits: 33
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....eal by the writ-respondent No.4 is directed against the judgment and order dated 20.5.2007 passed by a Division Bench of the High Court Division in Writ Petition No. 11238 of 2006 making the rule absolute. 2. The fact shortly stated is that the respondent No.1 as the writ petitioner filed ......No.4, as the lowest responsive bidder. 3. This case involves awarding of a contract pursuant to the International Tender floated by the respondent No.4, Bangladesh Bank, for its project called "Central Bank Strengthening Project" for supply, installation, testing and commis&......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ...... J Amirul Kabir Chowdhury J Md. Joynul Abedin J St. Electronics (Infer Software System) Pvt. Ltd..................Petitioner Vs. Patimas International Sdn Berhad and others……….....Respondents Judgment June 6, 2007. La..Category: Business or Commercial Law | Date: | Hits: 110
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
.... Department of the Government has been looking after and managing the same. S.A. and R.S. Khatian was therefore prepared in the name of the Forest Department. The defendant Nos.2 and 3 by creating some forged documents of the suit land filed T.S. No. 29 of 1984 in the Court of the Assistant Judg......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ......it land in the name of the defendant Nos.2 and 3 and others and realised rent from them." 9.The learned Single Judge of the High Court Division while concurring with the finding of the trial court that the plaintiff appellant succeeded in proving that the judgment and decree passed ......(Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Divisional Forest Officer, Dhaka ..............Appellant Vs. Md. Shahabuddin and others...............Respondents Judgment March 21, 2007. Case Referred..Category: Property Law | Date: | Hits: 35
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....mal Uddin, younger brother Jafur Uddin and Son Jahurul Huq and other neighbours rushed there and objected to the aforesaid act of the convict petitioners and I others and then the accused persons became furious and the petitioner Asgar dealt a heavy blow with lathi on Jamal Uddin and then ......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......ce investigated the case and submitted charge-sheet on 11 February 1992 against the petitioners and others under Sections 144/148/324/302/114/34 of the Penal Code. 4. The case being sent for trial, the learned Sessions Judge, Dinajpur on 28.09.1992 framed charge against the accused under S...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Asgar Ali alias Asgar and others..........Petitioners Vs. The State……………Res..Category: Criminal Law | Date: | Hits: 43
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....companions, namely, Sobhan, Abul Kashem, Abdur Rahim and Shahidullah were discussing regarding sale of newspapers in Habib Market, situated in Sector No. 5 of Uttara and at that time the accused persons took them to the embankment of Baowania and that they took away aforesaid Shah Alam Babul tow......nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......inal Appeal No. 4561 of 2003 has been preferred before; the High Court Division and during pendency of the appeal the respondent Md. Alauddin filed an application for bail and he was fugitive from trial for many days during the trial but still was allowed bail by the High Court Division. It may ......nt: Syed J.R. Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Tofeil Ahmed …………….Petitioner Vs. Md. Alauddin and another........Respondents Judgment July 2, 2006. Lawyers Involved: ..Category: Criminal Law | Date: | Hits: 36
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....t petitioner and others. Both the suits were subsequently renumbered as Title Suit No. 101 of 1991 and 63 of 1992. Her case, in short, is that the suit land originally belonged to Panchanan Ghose who sold the same to one Mendi Mia by kabala deed dated 6th April, 1950. Mendi Mia, while owning and pos......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......d got a decree. The petitioner paid gas bill, electricity bill, rent etc. On prayer of Sahera Khatun the name of Mogol Bibi was deleted and Sahera Khatun was added as plaintiff in the suit. 4. The trial court on consideration of the materials on record dismissed both the suits. On appeal the appe......n Sultana ..........Petitioner (In both the cases) Vs. Mosammat Sahera Khatun & another........... Respondent(s) (In both the cases) Judgment March 27, 2007. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-F..Category: Tenancy Law | Date: | Hits: 155
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
.... Care of Mr. Mukul 30-03, 35 Avenue, L.T.C. Bronx, New York-11106, U.S.A at the cost of the plaintiff. The Court, however, allowed the petition, amended the plaint as prayed for and the plaintiff also took steps to issue summons accordingly, at her address at U.S.A. Thereafter, a sudden chan......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ...... New York in United Stated of America and an attempt was also made by the plaintiff-opposite party No.1 to effect service upon her New York address but that service return has not yet reached the trial Court but in the meantime some subsequent development took place in the matter. Arising out ...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Hazi Salahuddin and others.......Petitioners Vs. Zinnatan Nesa and others........Respondents Ju..Category: Property Law | Date: | Hits: 24
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 8.3.2003 passed by the High Court Division in Civil Revision No. 1977 of 1994 making the Rule absolute upon reversing the judgment and decree dated 24.4.1994 passed by the learned Additional Dist......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......d that the prayer for amendment of the plaint sought for is quite in conformity with the plaint case and if the same is allowed that would in no way change the nature and character of the suit; the trial Court give the finding of possession of the suit land in favour of the plaintiffs on consider...... in: IV ADC (2007) 866. ..Category: Property Law | Date: | Hits: 25
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
.... of delay for holding statutory first annual general meeting of Yongtai Industries Bangladesh Ltd, hereinafter referred to as the company, stating that he is the managing director, promoter and sponsor director of the company which was incorporated on 7.4.2003 as private limited company under ...... himself was also present in the said meeting and subsequently the petitioner recorded the names of the above directors with the Registrar of the Joint Stock Companies; than an AGM of the company was called on 13.12.2004 after due service of notices upon the shareholders with the agenda for the appo......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: IV ADC (2007) 855. ......007) 855. ..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....eal is by the defendant Nos. 1, 2, 6, 7, 9, 10, 12, 14 and 17-19 by leave against the judgment dated November 22,1998 of the High Court Division in Civil Revision No. 705 of 1995 making the rule absolute and thereupon sending the suit back to the trial Court for re-hearing in the light of t......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ...... and 17-19 by leave against the judgment dated November 22,1998 of the High Court Division in Civil Revision No. 705 of 1995 making the rule absolute and thereupon sending the suit back to the trial Court for re-hearing in the light of the observation made by the lower appellate Court and wi......ase is also Reported in: IV ADC (2007) 849. ..Category: Property Law | Date: | Hits: 19
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