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State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....eign Exchange Regulation Act, 1947 and a charge having been framed accordingly the High Court Division erred in law in making the rule absolute by quashing the proceedings. He lastly submits that the facts and circumstances of the cases cited and relied on by the High Court Division being distingu......e…………………Petitioner Vs. Mirza Abbas……………..Respondent Judgment November 23, 2009. Result: The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers I......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ......………………………………………………….Petitioner Vs. M. Muktar Hossain and others .................Respondents Judgment July 21, 2008. Lawyers Involve......he case, specifically mentions, particularly in paragraph Nos.3 and 4 thereof, specific instances of defamatory acts of the respondent Nos. 1 and 2 and in not considering at all the evidence, both oral and documentary, recorded in the judicial enquiry. The learned Advocate fu..Category: Criminal Law | Date: | Hits: 116
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....peal is directed against the judgment and order dated 05.06.2008 passed by the High Court Division in Writ Petition No.3418 of 2008 rejecting the application for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property creat...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Fazle Elahi Sharfuzzaman…………………………….Petitioner Vs. Surujit Bose (Raju) and others………………......Respondents Judgment March 3, 2009. Lawyers Involved: ......the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......I ADC (2009)1006. ......k on 27.3.1976 vide order no.38 of the lower appellate court and as such committed illegality in the decision. He further submits that the High Court Division failed to consider and appreciate the evidence of P.W.1 as plaintiff No.1 who deposed that he left the suit land in 1966-67 willingly, so..Category: Property Law | Date: | Hits: 138
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....y;tion for Leave to Appeal is directed against the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No.251 (P.M.) of 2005 discharging the Rule. 2. The facts of the case, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 20......C (2009) 1000. ......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....those dated 23.11.1998 passed by the Assistant Judge, Sylhet Sadar, Sylhet in Title Suit No. 17 of 1996 heard analogously with Title Suit No. 103 of 1996 decreeing the suit. 2. The facts of the cases, in short, are that Babu Shailendra Kumar Purkayestha and Nogendra Kumar Purkaye...... Shah Abu Nayeem Mominur Rahman J Rada Rani Nath………………………Petitioner (In Civil Petition No. 641 of 2008) Rada Rani Nath and another…...Petitioner (In Civil Petition No. 642 of 2008) Vs. Niranajan Du......ssing the judgment of reversal without adverting to the material findings and reasoning of the trial Court as to possession of the plaintiff-petitioners in the suit land with reference to the evidence on record; that upon taking needless efforts in search of title of the plaintiff-petitione..Category: Property Law | Date: | Hits: 132
Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)
....leave petition. The suit, was for a decree for permanent injunction restraining the said defendants from interfering with the peaceful possession of the plaintiffs of the suit land. 4. The facts relevant are that the plaintiffs' father Nosibullah was the admitted owner of the suit land a......eem Mominur Rahman J Azam Khan……………………………………….Petitioner Vs. Ataur Rahman and others….............Respondents Judgment May 10, 2009. Lawyers Invol......rayed for? 7. The plaintiffs examined three witnesses and the contesting defendants also examined three witnesses. 8. The trial Court on consideration of the oral and documentary evidences on record and the submissions of the learned Advocates of the contesting parties, has fou..Category: Property Law | Date: | Hits: 158
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ...... Reported in:62 DLR (AD) (2010) 239. ......h Court Division and other connected papers. Mr. Mohammad Ali contends that since the trial court as well as the appellate court below have decided all the issues involved in the case on the basis of evidence on record the impugned judgment for remand by the High Court Division is uncalled for and a..Category: Procedural Law | Date: | Hits: 105
Islami Bank Bangladesh Ltd. & Ors. Vs. Md. Sirajul Islam, 2008, 37 CLC (AD)
....and order of the High Court Division and other materials in the paper book. The Judgment and order of the High Court Division has been passed upon due consideration of the materials on record. In the facts and circumstances of the case, we are of the view that the High Court Division has committed n......Bhuiya, Advocate-on-Record, For the Petitioners; Not represented-the Respondents. Civil Petition For Leave To Appeal No. 603 of 2007 Order We have heard the learned Counsel and perused the judgment and order of the High Court Division and other materials in the paper book.......donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ..Category: Civil Law | Date: | Hits: 109
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....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: 17 BLT (AD) (2009) 306. ......J Md. Abdul Matin J M/s International Trade Promotors…………………......Petitioners Vs. The Judge, Artha Rin Adalat No. 1 Dhaka and others………..Respondents Judgment July 2, 2008. Lawyers ......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: 17 BLT (AD) (2009) 306. ..Category: Civil Law | Date: | Hits: 191
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
.... 14 of 1997 dismissing the appeal thereby affirming those dated 24.11.1996 of Subordinate Judge,1st Court, Kishoregonj decreeing the Partition Suit No. 51 of 1990 in preliminary form. 2. The facts of the case, in short, are that Harkumar Banik was the original owner of 0.34 acre of the lan......(AD) (2009) 303. ......submitted that both the Courts committed error in law in treating the suit lands as the joint property of me plaintiff and the predecessor of the defendant Nos. 1-3 without properly evaluating the evidence on record which has caused miscarriage of justice; that Balaram, predecessor of the defend..Category: Property Law | Date: | Hits: 99
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....This petition for Leave to Appeal is directed against the judgment and order dated 22.02.2006 passed by the High Court Division in Writ Petition No.3675 of 1999 discharging the Rule. 2. The facts of the writ petition are that the petitioner opened Letter of Credit No.11/ WF/151899 dated ......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J M/S. Madina Trading Corporation…....................Petitioner Vs. The Commissioner of Customs and another….....Respondents Judgment June 10, 2008. Lawyers Involved: ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
....tered instrument merely comparing the hand writing of the scribe inspite of the fact that subsequent documents were written after 8 years and the alive witnesses of the deed deposed supporting the facts of execution of the deeds and as such, the impugned judgment is liable to be interfered with ......7 BLT (AD) (2009) 228. ......ht, title and interest in the suit land. As such, the suit is liable to be dismissed. 5. Mr. J. B. M. Hassan, learned Advocate, appearing for the petitioners submitted that on assessment of evidence of plaintiffs witnesses i.e. P.Ws 1 and 2, the appellate Court came to the conclusion as t..Category: Property Law | Date: | Hits: 92
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....o. 5381 of 2004 and Civil Revision No. 5382 of 2004 making the Rules absolute and common questions of law being involved in both petitions, the same are disposed of by this judgment. 3. The facts, leading to these petitions, in short, are that the respondent Nos.1-3 as plaintiffs filed Ti....... ......tions, submits that the moot question of the case is whether Panchu Moral is the son of Danu Moral as alleged by the defendants or son of Hache Bepari as alleged by the plaintiff and from the oral evidence of the P.Ws. and D.Ws. and from documentary evidences it is evident that Panch..Category: Property Law | Date: | Hits: 90
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....d Advocate (appeared with the leave of the Court) for the petitioner assailed the impugned judgment and order on the ground that the High Court Division misread. Misconceived and misinterpreted the facts and circumstances of the case and evidence on record and has committed an error of law result...... Md. Abdul Matin J Md. Abdul Aziz J Chairman, Mymensingh Pourashava, Mymensingh………………....Petitioner Vs. Kasimonnessa Bewa and others……………………......Respondents J......ught in the application contending, inter alia, that summons was duly served upon the defendant-petitioner through Process Server, etc. 5. Trial Court dismissed the case on consideration of evidence of the witnesses examined by both the parties and materials on record. Being aggrieved, th..Category: Procedural Law | Date: | Hits: 143
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ...... Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam…………………………..Appellant Vs. Monzurul Islam Liton and others…......Respondents Judgment April 17, 2009. Cases Referred T......0;িবে।' and the tender of the writ petitioner-respondent not having been accepted and the tender of the leave petitioner having been accepted vide letter dated 09.02.2003 as evidenced from Annexure-1 (e) to the affidavit-in-opposition filed by the respondent Nos.1 to 4 in..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....sity, Gazipur to be illegal and of no legal authority and further directing the National University to reinstate the respondent in her service will all attending benefits admissible to her. 2. The facts involved in the case, in short, are that the respondent had served for nearly 13 years as a te......) 190, VIII ADC (2011) 307.......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...Category: Employment/Service Law | Date: | Hits: 118
G M M Rahman Vs. State, 2009, 38 CLC (AD)
.... appeal by enhancing the sentence to suffer simple imprisonment for 6 (six) months while discharging the connected Rule being Criminal Revision No.381 of 2001 filed by the appellant. 2. The facts, in short, are that the respondent No. 2 as complainant filed C.R. Case No.2166 of 1996 again...... Abdul Matin J Md. Abdul Aziz J G M M Rahman…………………………………Appellant Vs. The State and another…………………….Respondent Judgme......tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ..Category: Criminal Law | Date: | Hits: 106
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......his Case is also Reported in: ......or during the trial under any act mentioned in this provision or provision 14 and 15. 19F. Verification of income tax certificates etc.- During investigation of corruption cases and placing it as evidence.- (1) In the period of enforcement of the declaration of state of emergency, the investigat..Category: Criminal Law | Date: | Hits: 101
State Vs. Chandan Ali and others, 2009, 38 CLC (AD)
....and her husband caught the sarki. The said Zakir Hossain and Chand Ali were pulling the bamboo part of the sarki from out side. 3. On their hue and cry, the witnesses came there and saw the facts, the accused left the place of occurrence leaving the sarki there. The informant could identi......p; Md. Joynul Abedin J Md. Hassan Ameen J The State….........Petitioner Vs. Chandan Ali and others……......Respondents Lawyers Involved: Mohammad Ali A...... case out of enmity inasmuch neither the informant nor the deceased during his life time could recognize any of the accused. 8. Thereafter, the learned trial Court on the basis of the evidence on record found the petitioner and others guilty for the offence charged and as such conv..Category: Criminal Law | Date: | Hits: 68
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