Search Options
Judgment Advanced Search
Displaying 4661-4680 of 5707 results.
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....e's Republic of Bangladesh seeking Leave to Appeal is directed against the judgment and order dated 17.07.2004 passed by the High Court Division in Civil Revision No. 3656 of 2003 making the Rule absolute. 2. The predecessor of the plaintiff instituted Title Suit No.47 of 1999 in the 2nd C......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......Judge, 2nd Court, Narayangonj, after hearing the parties decreed the suit on 31.12.2002 in favour of the plaintiff and directed the plaintiff to file a petition for recovery of khas possession. The trial Court accordingly gave possession to plaintiff in an execution case and the defendant prefer......sed. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
....zzaman and others, defendant-petitioners seek Leave to Appeal against the judgment and order dated 26.06,2004 passed by the High Court Division in Civil Revision No. 2103 of 1992 making the Rule absolute reversing the judgment and decree dated 30.04.1992 passed by the Senior Assistant Judge, Nal...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... title and possession of the suit land. 4. Syed Mahbubar Rahman, learned Advocate, appearing for the petitioner submits that the High Court Division failed to appreciate the findings of the trial Court that plaintiff could not prove his possession in suit property since his alleged purcha......Civil) Present: Muhammad Fazlul Karim J Md. Joynul Abedin J Md. Suruzzman.....................................................Petitioner Vs. Md. Ahamed Ali and others........................ ...........Respondents Judgment May 22, 2007 ..Category: Property Law | Date: | Hits: 51
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....r dated 28.06.2004 passed by the High Court Division in Death Reference No.26 of 2001 rejecting the death reference with commutation of the sentence of death inflicted upon the Respondents to imprisonment for life. 2. Prosecution case, in brief, is that on 23.05.1997 informant (P.W.I) Mst......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......rajganj Sadar Hospital for treatment. Thereafter, P.W.1 went to the police station and lodged F.I.R. 3. Police on completion of investigation submitted charge sheet in the case. During trial the accused persons were charged under sections 302/34 of the Penal Code. In addition, accus......a Khatun, Advocate-on-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 59 of 2005. (From the judgment and order dated 28.06.2004 passed by the High Court Division in Death Reference No.26 of 2001.) ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....at that time and being informed about the occurrence came back home on 27-8-1998 and became aware of the facts in detail from his wife and other witnesses and he further learnt that the leading persons of the locality on being approached assured his wife that they will hold a Salish between the ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......inal Appeal No.2625 of 2000 arising out of Nari-O-Shishu Case No. 5 of 1999 corresponding of Pallabi Police Station Case No. 46 dated 28-8-1998 as well as G.R. Case No.2548 of 1998 now pending for trial in the Court of learned Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka. 2. The pro......by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by the High Court Division in Criminal Appeal No.2625 of 2000) ..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....al No. 68 of 2002 affirming the judgment and decree dated 23.11.2001 passed by the Joint District Judge, 5th Court, Dhaka in Title Suit No.135 of 1997. 2. The facts, in short, are that the predecessor-in-interest of the respondent Nos.1 to 8 instituted the Title Suit No.120 of 1992 in the Third C......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......e the High Court Division against the judgment and decree dated 29.11.2001 and the High Court Division by the impugned judgment and order dismissed the appeal affirming the judgment and decree of the trial court and also held that having full knowledge that exhibit-Kha-dated 31.05.1917 was a forged ...... Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyers Involved: Rafique-Ul-Hu..Category: Property Law | Date: | Hits: 75
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... Civil Revision No.1453 of 1997 discharging the Rule and thereby affirming the judgment and decree dated 17.10.1996 passed by the learned Subordinate Judge (now Joint District Judge), 2nd Court, Jessore in Title Appeal No .24 of 1995 allowing the appeal upon reversing the judgment and decree pass...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... possession of the suit land on payment of rent to the ex-landlord and subsequently to Government. The S.A. Khatian was correctly prepared in his name. So, the suit was liable to be dismissed. The trial court on consideration of both documentary and oral evidence adduced by the parties decreed t......ngly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....n stating, inter alia, that the Social Investment Bank Ltd. hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors namely, Group-A Bangladesh sponsor directors, group-B foreign sponsor directors, Group-C Government nominated directors and Group-......facts relevant for disposal of these appeals are as under:- The said applications were filed in the High Court Division stating, inter alia, that the Social Investment Bank Ltd. hereinafter called "the Bank" was incorporated under the Companies Act with 4 types of directors name......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Abdul Mohit and others ....................................Appellants (In Civil Appeal No. 93 of 2002). ..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... by this Division in Civil Appeal No.21 of 1999. 2. The petitioners as plaintiffs filed Other Class Suit No.593 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......ement denying the material allegation of the plaintiffs. The main contention of the Government was that the suit land formed part of Shahidpur Bazar, which belonged to the Government. 4. The trial Court decreed the suit and against which the appeal was preferred by the Government and the a......sion (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....ellip;………….(19 and 20) The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purchaser...... 13. In Shankarlal Narayandas Mundade’s case the Privy Council observed as under: "Their Lordships have found it unnecessary to examine the evidence which was called on behalf of the plaintiff to show that these defendants in fact, had notice of the ......e defendants in the suit land was not proved. On appeal, the learned Additional District Judge Bagerhat, after hearing, dismissed the appeal on affirming all the findings of fact arrived at by the trial Court and with further findings that the witnesses Nos. 2, 3 and 4 for the defendant Nos. 3-4......DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
........ .. ................Respondents Judgment November 29, 2006. Review Review petition is not maintainable unless there is error apparent on the face of the judgment sought to be reviewed and the petitioner cannot be allowed to reagitate grounds agitated in the rej......ndent No. 7 managed to get a decision in respect of removal of the petitioner in the 32nd meeting of the Governing Body held on 12-8-1998 showing the petitioner as mentally unsound owing to the so-called family crisis and thereby kept the petitioner out of work since 13-8-1998; then being compel......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......e Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangladesh, represe..Category: Employment/Service Law | Date: | Hits: 68
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... comply with the terms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right to form an association he cannot claim any right or protection under Article 38 of the Constitution. Whatever rig......a long time and by the impugned dissolution his term as Vice-Chairman of the Magura Unit has been prematurely brought to an end. Whether his grievance is upheld or not, he cannot in any sense, be called a busybody. In complained that he was under an impending threat of deprivation of his fundame......IR 1982 (SC) 902 (911); Kazi Mukhlesur Rahman Vs. Bangladesh 26 DLR (SC) 44: Attorney General of the Gambia Vs. N' Jie 1961 (AC) 617 (634); All India Bank Employees Association V. The National Industrial Tribunal, Bombay, AIR 1962 (SC) 171. Lawyers Involved: Dr. Kamal Hossain, Senior Advoc......J Mustafa Kamal J Latifur Rahman J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. Result: The ap..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ppellant contends that the concurrent decision of those courts has been made in disregard to the judgment of this Court in the cases of A.F.M. Shah Alam and others, reported in 41 DLR (AD) 68 and also in misconstruction of all relevant Election Laws, in particular, section 26 of the UP Ordinance, ......s question are as follows: An election was to be held on 10 February 1988 for the office of Chairman of Kolkonda Union Parishad of Gangachara Upazila, Dist-Rangpur and nomination papers were called for. Respondent-Plaintiff filed his nomination paper but it was rejected by the Returning Off......s office as Chairman of the Union Parishad on 16 November 1989. The appellant, however, challenged the High Court Division's order (dated 6 August 1989 in Civil Revision No. 196 of 1988) by which the trial Court's injunction was upheld, by filing a leave petition on which we granted leave to conside...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment Febr..Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
.....................Respondent Judgment June 11, 1989. Result: The appeal is dismissed. The Evidence Act (I of 1872) Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substantive evidence under......ife of Abu Baker Siddique, Sub-Inspector and Second Officer of Banaripara Police Station. Mahmuda Khanom, the deceased, a young woman of 23 years, was 'Aya' of Banaripara Thana Health Complex, also called Health Centre, at the relevant time. The prosecution case centres round her death which resul...... Officer, on consideration of the report of the autopsy held on the dead body of Mahmuda and other facts and circumstances of the case submitted charge sheet against the appellant who was then put on trial under s. 326 of the Penal Code for voluntarily causing grievous hurt. She pleaded not guilty t...... Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for con..Category: Criminal Law | Date: | Hits: 50
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....ing 29.52 acres of land stating, inter alia, that the plaintiff, was Finance Director of Uddog Multi Purpose Cooperative Society Ltd. and that, the suit property was purchased by the plaintiff society for construction of house; thereon, for distribution amongst its members and that the socie......tified in rejecting the said petition. 27. The learned single Judge of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......; Sufia Khatun, Advocate-on Record - For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.67 of 2004 (From the judgment and order dated 16.11.2002 passed by the High Court Division in Civil Revision No.1816 of 2002.) ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
.... Amin J. - This appeal by leave is directed against the judgment and order dated 28.05.2003 passed by a Single Bench of the High Court Division in Civil Revision No. 5090 of 2002 making the Rule absolute. 2. Short facts are that the predecessors of the plaintiffs instituted Title Suit No......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......ecree after evicting the trespasser defendants therefrom. The judgment-debtor then filed 1st Appeal No.20 of 1981 before the High Court Division and by the judgment and decree dated 07.07.1996 the trial court's decree was modified. The judgment-debtor filed Civil Petition for Leave to Appeal No....... Vs. Robeya Begum & others………………Respondents Judgment August 24, 2006 Cases Referred To- Shah Newaz Ebne Mustaque and others Vs. Shah Alam and others, 55 DLR (AD) 69; Baburam Lal and another vs. Debdas Lola, AIR 1..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....91 of the 1st Court of Assistant Judge, Dhaka in Title Suit No. 133 of 1991. The suit was filed seeking declaration that the plaintiff is entitled to hold the suit property as a original lessee and also entitled to get the property mutated in his name and the order of the defendant No. 4 dated March......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......ntitled to retain the property in suit and to get his name mutated in respect of the said property, that the lessee did not pay second, third and fourth instalments. 4. As stated hereinbefore the trial Court decreed the suit. As against the decree of the trial Court one of the defendants i.e. Se......ar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ull..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of the suit land. Defendant -responde......possession of the suit land were threatened with eviction through Court by the landlords Benode Behari Chowdhury and others and the plaintiffs attorned to them and thus they suffered, what is called, eviction by title paramount and as such the relationship of landlord and tenant between the......it was not maintainable and therefore refused to enter into the question of merit of the case on the basis of which the plaintiffs' suit was dismissed and the S.C.C. suits were decreed by the trial Court with costs. 10. It was argued on behalf of the plaintiff- appellants in the......ulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder....................Appellant (In Civil Appeal No. 49 of 1995) Narash Chandra Bhattacharjee.....Appellant (In Civil Appeal No. 50 of 1995) Hari Sankar Chowdhury......Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....objected to on the ground that without payment of ad valorem Court fee the relief for setting aside the decree could not be granted. Neither of the Court, however, noticed that the suit was also decreed in the declaratory form as prayed for by the plaintiffs that the decree in O. C. Suit No......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......lorem Court fee is required to be paid by the plaintiff, and that the learned Subordinate Judge was not clear in her conception as to the said distinction. So saying the judgment and decree of the trial Court were set aside "being conceptually erroneous and wrong" and the appeal was al......t Appellate Division (Civil) Present: A. T.M. Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Umed Ali and another……………...... plaintiff-Appellant Vs Mst. ..Category: Civil Law | Date: | Hits: 103
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....t Md. Wasim Mia seeks leave to appeal against the judgment and order dated 09.04.2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 473 of 2002 dismissing the appeal so far as it relates to the petitioner. 2. The facts leading to the leave petition, in ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......e sheet against the petitioner Md. Wasim Mia and Md. Wafiz Mia (since acquitted) under Section 7/9(1) 730 of Nari-O-Nirjaton Damon Ain, 2000, in short, the Act. The case thereafter being sent for trial, the Trial Court framed charge against the accused under Section 9(1) read with Section 30 of......e instructed by A.K.M. Shahidul Huq, Advocate-on- Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 137 of 2003 (From the Judgment and Order dated 9.04.2003 passed by the High Court Division Criminal Appeal No. 473 of 2002) ..Category: Criminal Law | Date: | Hits: 57
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....4 allowing the appeal in part, altering the order of conviction of the petitioner from Sections 302/34 of the Penal Code to Section 304 Part-I of the Code and modifying the sentence from life imprisonment to rigorous imprison for 10(ten) years and fine of Tk. 3,000/- in default, to suffer rigoro......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ...... Bhabaranjan lodged FIR with Tala Police Station on the basis of which a case was started and the police after investigation submitted charge sheet against the accused petitioner and others. During trial they were charged under Sections 302/34 of the Penal Code to which they pleaded not guilty an......, instructed by Mrs. Sufia Khatun, Advocate-on-Record-Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 362 of 2005 (From the Judgment and Order dated 21.06.2005 passed by the High Court Division in Criminal Appeal No. 1716 of 1994) ..Category: Criminal Law | Date: | Hits: 52
21102109210721062104210121002099209820972092209020882086208520842083208220802078