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Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)
....r than the alleged date of knowledge of the impugned sale and thus the case ought to have been held to be barred by law of limitation. He lastly submits that in any view of the matter considering the facts, attending circumstances, materials on record and the provisions of law the preemption case ......Reported in: VI ADC (2009) 981.......ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981...Category: Property Law | Date: | Hits: 61
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
....in part. From the impugned order it appears that the learned Judge of the Artha Rin Adalat has rejected the prayer of the defendant for selling out the alleged pledged goods considering the facts and the provisions of law as discussed above and thus it acted within the bounds of law an......bsp; Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. United Leather International….........Petitioner Vs. Artha Rin Adalat and others.......Respondents Judgment ...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ..Category: Civil Law | Date: | Hits: 152
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....nst the judgment and order dated 2nd January, 2008 passed by the High Court Division in Writ Petition No. 8761 of 2007 summarily disposing of the Writ Petition with some observations. 2. The facts, in short, are that the Writ Petition was filed challenging the order dated 24.9.2007 (Annexu...... Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Sonali Bank, Sadarghat Corporate Branch, Dhaka.............Appellant Vs. Mrs. Hazera Islam and others........Respondents Judgment ......ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ..Category: Property Law | Date: | Hits: 106
Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)
.... leave to appeal is directed against the judgment and order dated 30th April, 2007 passed by the High Court Division in civil Revision No. 3266 of 2002 discharging the Rule. 2. Short facts as placed before the High Court Division are that the pre-emptors filed Miscellaneous case No......Mohammad Fazlul Hossain Karim J Md. Joynul Abedin J Md. Mobarak and another....................Petitioners Vs Sk. Ayub Ali and others....................... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ..Category: Property Law | Date: | Hits: 44
Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)
....r leave to appeal are directed against the judgment and order dated 08.01.2002 passed by the High Court Division in Civil Revision Nos. 1214 and 1213 of 1994 making the Rule absolute. 2. The facts, in short, are that the present petitioner as plaintiff filed other Class Suit No.118 of 1989......cate-on-Record-For the Respondent (In Civil Petition No. 354 of 2007). Not represented-The Respondent (In Civil Petition No. 514 of 2007). Civil Petition for Leave to Appeal Nos. 354 and 514 of 2007. (From the judgment and order dated 08.01.2002 passed by the High Court Divi......h a question needs evidence so far Annexure-J is concerned the High Court Division rightly found that the trial court ought not to have considered the report when it was not formally proved as evidence and its author was not examined before the Court. We find no merit in these pe..Category: Property Law | Date: | Hits: 87
Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)
....trict Judge, Dhaka in Arbitration Miscellaneous Case Nos. 791, 792 and 790 of 2006 rejecting the application filed by the petitioners under section 42(1) of the Arbitration Act, 2001. 2. The facts, in short, are that the petitioner No.1 entered into an Agreement being No.3.17/Lot-1/20......9) 952. ...... the particular terms of the contract. 28. It appears that this court can interfere with the arbitration award only on limited ground where the arbitrators decided the matter on inadmissible evidence or on the principles of construction which the law does not countenance. No such case has ..Category: Alternative Dispute Resolution | Date: | Hits: 344
Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)
....sion fallen into an error of law in holding that the defendants are licensees under the plaintiff, that it was inappropriate for the High Court Division to give an independent decision on the facts over which both the Courts were silent and in that state of the matter the High Court Divisio......ohammad Fazlul Karim J Md. Tafazzul Islam J Sreemati Priti Rani Chakraborty and others……………...Appellants Vs. J.M. Sen Institut......d in the name of the defendants that plaintiff has no right, title and interest in the land in suit and as such the suit is liable to be dismissed. 4. The trial Court on consideration of the evidence on record dismissed the suit on the findings that the plaintiff failed to prove when cause..Category: Property Law | Date: | Hits: 82
Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)
....ed in Other Class Appeal No.185 of 1991 affirming those of dated 21.07.1991 of the learned Assistant Judge, Court No.2, Bogra in Other Class Suit No. 44 of 1986 decreeing the suit. 2. Brief facts are that Mrs. Jabeda Khatun, as plaintiff, instituted the above suit seeking declaration that......bsp; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner Vs. Most. Shahid Khatun and others…........Respondents Judgment ......ere 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: VI ADC (2009) 942. ..Category: Property Law | Date: | Hits: 87
Sree Jagannath Bairagy Vs. Sree Sree Kanailal Jew Bigraha and others, 2009, 38 CLC (AD)
....charging the Rule affirming the judgment and decree dated 31.08.2000 passed by the learned Subordinate Judge, Additional Artha Rin Adalat No.2, Dhaka in Title Appeal No. 221 of 1995. 2. The facts, in short, are that the respondents as plaintiffs as next friend of shebait committee in......CJ Md. Abdul Matin J Md. Abdul Aziz J Sree Jagannath Bairagy…............Petitioner Vs. Sree Sree Kanailal Jew Bigraha and others..........Respondents Judgment Ap......arried him on the back side of his motor cycle but he was running away from the motor cycle to save himself and it was circulated in some news papers. But the investigation officer did not collect evidence to prove that but submitted final report to the Court. Thereafter the defendant brought a ..Category: Civil Law | Date: | Hits: 110
Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)
....ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed Ed. This Case is also Reported in: VI ADC (2009) 938. ......; Md. Tafazzul Islam J Md. Joynul Abedin J Nazimuddin Molla...................Petitioner Vs. Mobasser Ali Howlader and others......Respondents Judgment ......nce with law and as such the same is liable to be set aside. He lastly submits that the High Court Division erred in law in allowing the pre-emption case without properly weighing and assessing the evidence on record and as a result there has been a miscarriage of justice. 7. We have ..Category: Property Law | Date: | Hits: 57
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....h Writ Petition Nos. 5198 of 2003, Writ Petition No. 11818 of 2006, Writ Petition No. 11819 of 2006 and Writ Petition No. 3466 of 2004 making the Rule absolute. 2. Since common question of law and facts are involved in all the petitions these are being disposed of under this judgment. 3. In Wr......nts (In Civil Petition No.2053 of 2008). S.K. Mohd Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Cases Referred To- Abdul Huq and others Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Minis...... disposed of under this judgment. 3. In Writ Petition No. 5198 of 2003 the respondent as the petitioner, Rajdhani Unnayan Kartipakha (RAJUK) challenged the gazette notification dated 02.08.2001 as evidenced by Annexure-B to the writ petition. In Writ Petition Nos.11817, 11818, 11819 of 2006 and 3..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....ted 5.1.1977 and that thereafter plaintiff created the second agreement dated January 23, 1978 and took signature of the defendant by force. It was also the contention of the appellant that in the facts and circumstances of the case prayer for specific performance of contract for sale in the lig...... Md. Tafazzul Islam J Md. Hassan Ameen J Ahmed Hossain Khan…......................................................Appellant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment April 5, 2007. Lawyers Invo......agreement would stand cancelled and for return of the part of the earnest money by the defendant No.1, that plaintiff's case of return of TK.1,20,000/- by the defendant No.1 has been proved by the evidence of P.Ws. 1, 2 and 3 and that defendant's case of refund of Tk. 1,90,000/- to the plaintiff..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....f injuring the customs revenue or abet or connive at any such fraud or any attempt for practicing any such fraud. The learned Judges of the High Court Division clearly came to the conclusion that the facts do not disclose that any pecuniary advantage was actually obtained-either by the customs offic......ons 80-83 only to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer h......ation may exercise and is subject to under the Code of Criminal Procedure, 1898 when investigating a cognizable offence. Provided that if the officer of customs is of opinion that there is sufficient evidence or reasonable grounds of suspicion against the accused person, he shall, if the offence be ..Category: Fiscal/Taxation Law | Date: | Hits: 129
Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)
....bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......ructed by Syed Mahbubur Rahman, Advocated-on- Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No.490 of 2008. (From the Judgment and order dated 27.07.2008 passed by the High Court Division in Criminal Appeal Nos.821 of 2006 wi......ial Tribunal No.7, Dhaka for disposal. 4. Learned Judge, Metropolitan Special Tribunal No.7, Dhaka, after framing charge, held the trial, examined as many as 10 witnesses and considering the evidence on record found accused Arif Hossain alias Shuvro guilty under Section 19A of the Arms Act..Category: Criminal Law | Date: | Hits: 120
Jahedul Islam @ Jabed Vs. State, 2009, 38 CLC (AD)
....gment and order and thus there is no merit in the application. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 883. ......peal No.157 of 2008. (From, the judgment and order dated 24-09.2007 passed by the High Court Division in Criminal Appeal No. 3973 of 2003). ......ial. 13 witnesses were adduced by prosecution, of them P.Ws.1 and 4 deposed to the effect that fire arms were recovered from the convict petitioner. 3. On consideration of the materials and evidence on record the Special Tribunal found the charges leveled against the convict-petitioner an..Category: Criminal Law | Date: | Hits: 155
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....he appeal and reversing the judgment and order dated 29.07.2004 passed by the learned Member of the Administrative Tribunal No.2, Dhaka in Administrative Tribunal Case No.212 of 2003. 2. The facts, in short, are that the petitioner as applicant filed Administrative Tribunal Case No.19...... MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J S. M. Mosharaf Hossain ........................Petitioner Vs. The Sonali Bank and others……...............Respondents Judgment May 31, 2009. Law......al cannot be interfered with. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 879. ..Category: Administrative Law | Date: | Hits: 423
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....দায়ীকের থাকিবেনা । 9. Further to appreciate aforesaid provisions having regard to the facts and circumstances of the instant case we need to look into the prayer portion of the pla...... M. Muzahid Islam ………………………….Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Law, Justice and Parliamentary Affair of Bangladesh Secretariat, Ramna, Dhaka-1000 and others .......Respondents......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ......62. ...... Ahmed, the learned Advocate-on-record for the petitioners submits that the High Court Division erred in sending the suit back on remand to the trial court for fresh decision when all the material evidence and the inspection report were available on record and it is a settled principle of law th..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....which fact became clear from the judgment and decree of O.S. No. 208 of 1968/ 23 of 1971 and consequently the pre-emption case by the successor of Late Ahmed Hossain was not maintainable and these facts were considered by the appellate court below. But the learned Judge of the High Court Di...... Abedin J Shah Abu Nayeem Mominur Rahman J Ahmed Meah Sowdagar ………………………...Petitioner Vs. S. M. Abdul Alim and another………….........Respondents Judgment April 15, 20......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ..Category: Property Law | Date: | Hits: 29
Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)
....on due consideration of evidence and materials on record finding that appellate Court below committed no wrong in affirming the judgment and decree of the trial Court as a last Court of facts by its concurrent findings. The impugned judgment and order passed b....... This Case is also Reported in: VI ADC (2009) 856. ......t No.1 for getting maintenance, thus the suit is not maintainable, as such the impugned judgment and order is liable to be set aside. She submits that the High Court Division without discussing any evidence came to a wrong finding that there was no misreading of the evident on record, but from r..Category: Criminal Law | Date: | Hits: 75
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