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Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
.... order dated 29.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal Nos. 602 of 2007 and 604 of 2007 by which leave petitions were dismissed by a single judgment. 2. The facts relevant for disposal of the review petitions are that the predecessor of respondent Nos. 1(a)......ahman J BK Das J Md. Muzammel Hossain J Abdul Gafur.....................Petitioner (In both the petitions) Vs. Pre-emptor No.1-Md. Nuru Miah being dead his heirs: Md. Muklesur Rahman and others...........Respondents (In both the petiÂtions) Order August 23, 2009. Lawyers......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
.... fact which arise in the suit; in exercise of its revisionÂal jurisdiction the High Court Division is not entitled to reexamine or re-assess the evidence on record and substitute its own findings on facts for those of the subordiÂnate Courts. Jurisdiction means "the entiÂtlement to enter upon the......ted in: VII ADC (2010) 271. ......title and claimed that the plaintiff did not acquire any title on the basis of certificate sale and he was not given possession of the suit property. 5. The trial Court on consideration of the evidence on record held that the sale was a nullity; the plaintiff acquired no right in the suit lan..Category: Property Law | Date: | Hits: 20
....er that the safeguard will be found in the provision itself……………………………………………………………………….(10)
Having definite knowledge of the existence of some facts and such knowledge
A police officer can exercise the power if he has definite knowledge of ......3.
......compelled to be a witness against himself. So, any information which may be obtained or extorted by taking an accused on 'remand' and by applying torture, the same information cannot be considered as evidence and cannot be used against him...............................................................
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......(Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J State.....................Petitioner Vs. Shahin and others...... ............Respondent Judgment April 27, 2009. Cases Referre......motion and sentiment must not sway their findings and decision and it is desirable that a judge should avoid expressing their feeling, emotion and sentiment in the judgment but to follow the law, the evidence and material on record but in the present case, the learned Session Judge deviated from the..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....he appeals and affirming the judgments and decrees dated 16-2-1995 passed by the learned Subordinate Judge, 1st Court, Gazipur in Title Suit Nos. 25 and 16 of 1992 dismissing the suits. 2. The facts in short are that the appellants in C.A. No.8 of 2005 i.e. Mohiuddin Khan and another as plain....... ......nd so the provisions of Order XXIII, rule 1(3) of the Code of Civil Procedure regarding withdrawal/dismissal are not appliÂcable and the High Court Division was wrong in not properly considering the evidence of both the parties on the question of possession of the disputed land. 6. Mr. Abdul..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....ord have arrived at the finding that the defendant Nos. 1-8 and 12 have failed to prove their claim of auction purchase by adducing documentary eviÂdence and also without reversing those findings of facts. It was further urged that the learned Judge of the High Court Division fell in an error in fa....... Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......t the learned Judge of the High Court Division erred in law in interfering with the concurrent findings of the Courts below in failing to consider that the Court below on a proper appreciation of the evidence on record have arrived at the finding that the defendant Nos. 1-8 and 12 have failed to pro..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
.... Anti-Corruption Commission Act, 2004 as they do not come within the transitional provisions contained in section 38 thereof inasmuch as the provision of section 27(1) has been wrongly applied in the facts and circumstances of the case and the High Court Division committed an error of law contrary t......ision (Criminal) Present: Md. Fazlul Karim CJ MA Matin J ABM Khairul Haque J SK Sinha J Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4).........Appellant Vs. State and another…………………Respondents Judgment April 4, 2010. The Code of Criminal Pr......the Penal Code and thereafter five witnesses were examined on behalf of the prosecuÂtion and at that stage, the prosecution filed an appliÂcation intimating the Court that it had no other medÂical evidence to be adduced in the case other than that was proved by Dr VV Gupta (P.W. 3). Under such ci..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
.... and Criminal Appeal No. 3890 of 2004 and Jail Appeal Nos.1017, 1018, 1019, 1056 and 1162 of 2004 accepting the death reference in part and allowing the Criminal Appeal No.3304 of 2004. 2. The facts, in short, are that one Mr. Sulal Kanti Barua, son of Pulin Bihari Barua, of Village-North Kin...... The State……………………….Petitioner Vs. Azizul Haque ...............Respondent Judgment November 23, 2008. Lawyers Involved: Mohammed Ali Akanda, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the P......g accused persons. 5. The trial of the instant case was started under Sections 302/120(Kha)/34 of the Penal Code before the learned Sessions Judge, Chittagong. At the continuation stage of the evidence of informant, the instant case was transferred to the court of 1st Additional Sessions Judg..Category: Others | Date: | Hits: 63
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....302/201/34 of the Penal Code and sentencing him to death by hanging in Sessions Case No. 329 of 2002 arising out of Savar Thana Case No. 62(4)2001 corresponding to G.R. No. 396 of 2001. 2. The facts, in short, are that on 25.04.2001 the condemned prisoner-petiÂtioner Sohel came to Savar P.S.......ve is granted. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Zainul Abedin, Deputy Attorney General and also Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 9 o......tried. 10. At the trial on behalf of the prosecuÂtion 8 (eight) witnesses were examined and they were cross-examined by the defence. But the defence examined none. 11. After closing of evidences the petitionÂer was examined under Section 342 of the Code of Criminal Procedure in which..Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
....ns 167/109 and 220/109 of the Penal Code read with Section 5(2) of Act II 1947 rejecting the petition filed by the petitioner under Section 241A of the Code of Criminal Procedure. 2. The short facts giving rise to the present petition are as under:- 3. The respondent No.2 A.B.M. Kamrul......urt Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another……….Petitioners Vs. The State and another..........Respondents ...... Section 241A of the Code of Criminal Procedure and that petition was rejected by the learned Judge and charge was framed as the Judge was satÂisfied that there is a prima facie case made out by the evidence on record. A co-accused early moved the High Court Division for quashing the proceeding and..Category: Others | Date: | Hits: 82
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Md. Sona Ullah being dead his legal heirs: Md. Akbar Ali and others…………………Petitioners Vs. Most. Morium Bewa and others………â€......he plaintiffs procured the collusive deeds from the judgment debtors. The plaintiffs have no right, title and interest in the suit lands. 5. The learned Assistant Judge on consideration of the evidence on record by judgment and order dated 10th September, 1994, decreed the suit in part holdin..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....or preemption under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-emption of the case land claiming as co-sharers as well as holding land contiguous to the land transferred. Short facts of the pre-emptors are that the case land belonged to Nabin Chandra and Mritunjoy. Mritunjoy d......il) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J SK Sinha J Mohammad Mujibul Hoque ......Petitioner Vs. Shamsul Alam and others……..Respondents Judgment January 5, 2010. Lawyers Involved: ...... to be disÂmissed. The respondent no.2 also contestÂed the case by filing a written objection supporting the case of respondent No.1. 4. The learned Assistant Judge on considÂeration of the evidence on record by judgÂment and order dated 2nd May,2005 disÂmissed the case holding that the ..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....tory injunction directing the added defendant Nos.3 and 4 petitioners to deliver possession of Suit Shop No. 19 of Younusco City Center in favour of the proforma respondent Nos.2 and 3. 3. The facts of the case, in short, are that the respondent No.1 as the plaintiff on 30.07.2005 instituted ......rted in: VII (ADC) (2010) 223. ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petiÂtions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....nd of the Deity have got no locus standi to contest the suit and prefer the appeal as they have no right, title and interest and possession in the suit land. He then submits that having regard to the facts that the C. S. Khatians were correctly prepared and published in the name of deity Sree Sree G...... also Reported in: VII (ADC) (2010) 216. ......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....operty, for confirmation of their possession and for their consequential relief. 14. So it appears that the defendant-appelÂlant is very much land lord of the plaintiff-respondent Nos.1-6. On the facts stated in the plaint it appears that the plaintiff-respondent Nos.1-6 are the tenant under the......Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and oth......e findings of the Court that the plaintiffs were their predecessors were not the tenants under the defendant-petitioner. He then submits that the High Court Division rightly found that without taking evidence and without considering the materials on record under Order 7 Rule 11 of the Code of Civil ..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and othÂers, 2009, 38 CLC (AD)
....ble for being considÂered for exemption of interest and the appelÂlant ought to have considered the prayer of the respondent No.1 for exemption of interÂest on humanitarian ground. 5. The facts of Civil Appeal No. 104 of 2004, in brief, are more or similar. 6. Common leave order w......l Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and othÂers………..Respondents M/S. Beauty Engineers Corporation and others…………........between the respondents and the borrows shown in Annexure E and as such the findÂing of the High Court Division that the action of the appellant was discriminatory has no basis in the absence of any evidence before the High Court Division to sustain the above finding. It also appears that the High ..Category: Banking Law | Date: | Hits: 98
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
....174 of 2006 (analogously heard with Writ Petition Nos.6703 of 2004 and 12175 of 2006) discharging the Rule with cost of Tk.5,000/- to be paid to the Government through treasury challan. 2. The facts, in short, are that the petitioner, as writ petition filed aforesaid writ petition praying for...... Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Respondents (In Civil Petition No. 540 of 2009) Judgment Apri...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are disÂmissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...Category: Business or Commercial Law | Date: | Hits: 216
....ha Rin Adalat at Bagerhat in Artha Jari Case No. 12 of 2005 and Artha Rin Adalat (Md. Abdul Matin J) 195 whereby the warrant of arrest was issued against the judgment debtor petitioner.
2. The facts, in short, are that the respondent No.2 in the capacity of the plaintiff institutÂed Artha Ri......
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Dr. S. M. Eunus Ali, Free Friday Clinic …………..Petitioner
Vs.
Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another……………….Respondents
Judg......sion committed no illegaliÂty in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
..
Category: Others | Date: | Hits: 84
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... petition for leave to appeal is directed against the judgment and order dated 04.12.2008 passed by the High Court Division in Writ Petition No.9684 of 2008 rejecting the writ petition. 2. The facts, in short, are that the petitioner filed writ petition challenging the memo bearing No.Bhu:Mo:...... ......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordÂingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..Category: Property Law | Date: | Hits: 26
.... The delay is conÂdoned.
2. This petition for leave to appeal is directÂed against an order dated 27.08.2008 passed by the High Court Division in Execution Case No. 05 of 2004.
3. The facts, in short, are that M/S. Al Falah Shipping Lines Ltd. made an agreement on 23.10.1984 with Foo......zul Islam J
Md. Abdul Matin J
Md. Abdul Aziz J
Director General of Food, 16 Abdul Goni Road, Dhaka-1000………….Petitioner
Vs.
Al-Falah Shipping Lines Limited and others…………….Respondents
Judgment
May 10, 2009.
Lawyers Involved:......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
..
Category: Others | Date: | Hits: 356
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