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Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....e materials on record. 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) 684. ......nvolved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 883 of 2008. (From the judgment and order dated 10.3.2008 passed by the High Court Division in Civil Revision No. 1079 of 2008) ...... the High Court Division in Civil Revision No.1079 of 2008. A Single Bench of the High Court Division after hearing rejected the application summarily on the finding that the plaintiff by the evidence on record succeeded in proving his title and possession in the suit land and the cour..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... is also Reported in: VI ADC (2009) 676. ......intiff has no right, title and interest or possession in the suit land and hence the suit is liable to be dismissed. 5. The learned Assistant Judge on due consideration of the materials and evidence on record and the submissions of' the learned Advocates of the contesting parties dismiss..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....atin J.- This petition for leave to appeal is directed against the judgment dated 10.09.2007 passed by the High Court Division in Civil Revision No. 2756 of 1995 discharging the Rule. 2. The facts, in short, are that the respondents as plaintiff’s instituted title Suit No.141 of 198......rajit Dutta……………………………………………Petitioners Vs. Baidhya Nath Banarjee and others .........Respondents Judgment April 22, 2009. Lawyers Involved: ......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....Judge, Faridpur in Title Appeal No.95 of 1997 dismissing the appeal affirming those dated 29.05.1997 passed by the Senior Assistant Judge, Sadar, Faridpur in Title Suit No.03 of 1993. 2. The facts of the case, in short, are that one Abbas Sheikh was the original owner of the suit land aft...... Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment February 5, 2009. Lawyers Invol......rrent or not arrived at by the Court of Appeal below, is binding upon the High Court Division except in certain well defined circumstances, such as, non-consideration or misreading of the material evidence affecting the merit of the case, the High Court Division ignoring the well settle princip..Category: Property Law | Date: | Hits: 25
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
.... 8. The trial Court decreed the suit directing the defendant-petitioners to vacate the suit premises within 30 days finding the defendant-petitioner as defaulters on due consideration of facts and evidence of the case both oral and documentary and holding that the plaintiff has been ab......ed in: VI ADC (2009) 668. ......larly. The plaintiff has got other six shops which have been also let out to different person and the suit is liable to be dismissed. 4. Trial Court after hearing the case and examining the evidence on record and perusing the agreement and documents decreed the suit by his judgment and de..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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) 661, 63 DLR (AD) (2011) 122.......J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 2009. Lawyers Involv......e proper inquiry to ascertain whether a Bazar was established by the owner of the suit land or it was established by any other persons without obtaining consent of the owner of the suit land and no evidence was called either from local people or shop keepers to ascertain who established the Bazar ..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
....07.2007 of the leave petitioner, quoted at page 41 of the leave petition, it appears that the leave petitioner has been trying to delay the matter. 3. The High Court Division considering the facts and circumstances of the case observed as under:- "On critical analysis of the l...... Abedin J Shah Abu Nayeem Mominur Rahman J Md. Badaruddin Howlader …………………….Petitioner Vs. Kazi A. K. M. Sajahan and others……………Respondents Judgment June 23, 2009....... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
.... 8. The High Court Division disposed of the writ petitions with the following observations and the directions: "We have heard learned lawyers of both the sides and considering the facts and circumstances of the case what we find is that the petitioners are not challenging the A......nayan Kartipakkya (RAJUK).............Appellant (In all the cases) Vs. Jahan Ara Begum…….............Respondent (In Criminal Appeal No.107 of 2004) Golam Mostafa and others....Respondent (In Civil Appeal No.108 of 2004) Anowara Begum.........Respondent ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....ing the order of arrest of the vessels 'MV Dali' and 'MV Lady Fatima' dated 10-7-2007 passed by the High Court Division and for release of the vessels 'MV Dali' and 'MV Lady Fatima'. 2. The facts of the case, in short, are that the petitioner as the plaintiff filed an application fo......d. Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9, 2009. Lawyers Invo......the alleged slot charter party agreement void ab initio. Furthermore, the vessel 'MV Jaami' was not in a seaworthy condition upon commencement of her voyage from Chittagong to Colombo as evidenced by the Survey Report No. CMB/ 90009 dated 8-2-2005 carried out by FE Hard-castle and Co P..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......on-Record— For the Appellant. Md. Khurshid Alam Khan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Criminal Appeal No. 25 of 2006. (From the judgment and order dated 25-10-2003 passed by the High Court Division in Criminal Appeal No.1383 of 2000 with...... 302/109 of the Penal Code. 4. Prosecution in this case in all examined 16 witnesses. The accused persons were under section 342 of the Code of Criminal Procedure and they declined to adduce any evidence. The defence plea as it appears from the trend of cross-examination of the prosecution witn..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
.... 1998 dismissing the appeal by upholding the judgment and decree dated 31-8-1997 passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 3 of 1992 decreeing the suit. 2. The facts alleged in the case, in short, are that the plaintiff as an exporter of frozen fish entered ...... Appellate Division (Civil) Present: Md Fazlul Karim J Md Joynul Abedin J SAN Mominur Rahman J Nippon Liner System, Care of James Finlay PLC and others.............Petitioners Vs. Mahi Fish Processing Ltd. and others ...............S$ 2,49,988.37 equivalent to Taka 2,27,65,358 has already been enjoyed/received by the respondent No.1 in full and final settlement of their claims and that has been supported by their documentary evidence and the attendant facts and circumstances, which fact was suppressed by the responden..Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....prisonment for life under sections 302/34 of the Penal Code and to pay a fine of Tk. 10,000/- (ten thousand) each and in default to suffer rigorous imprisonment for 1 (one) year more. 2. The facts, in short, are that on 26.03.1988 at 7.30/8 P.M. informant Abu Taher, his elder brother dece...... 334. ......rge under Sections 302/34 of the Penal Code against the appellants and others, to which they pleaded not guilty and claimed to be tried. 5. The learned Sessions Judge, upon consideration of evidence on record, found the appellants guilty for the offence punishable under Sections 302/34 of..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......idash Paul, Advocate-on-Record-For the Petitioner. None represented-For the Respondent. Criminal Petition for Leave to Appeal No. 490 of 2007. (From the judgment and order dated the 26th day of February, 2007 passed by the High Court Division in Criminal Appeal......ut any order of remand from the competent Court of Magistrate renders it totally unacceptable; that the conviction and sentence cannot be sustained on the basis of contradictory evidence; that the examination of the appellant under Section 342 of the Code of Crimi..Category: Criminal Law | Date: | Hits: 52
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
....on for leave to appeal is directed against the judgment and order dated 3rd July, 2008 passed by the High Court Division in Writ Petition No. 1242 of 2007 making the Rule absolute. 2. Short facts as placed before the High Court Division are that the writ petitioner is the Managing Direct......d in: 14 MLR (AD) (2009) 312. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....ion with the aforementioned reference applications. The High Court Division upon hearing the parties answered the questions raised in the applications, which are:- (a) Whether in the facts and circumstances of the case, the learned Taxes Appellate Tribunal was justified in dismi......General) instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 passed by the High Court Division in Reference Application Nos.120 and 1......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
.... before incorporation of the proposed Memorandum and Articles of Association a company does not come into existence, as such sections 19 and 20 of the Companies Act, 1994 had no application in the facts and circumstances of the present case and so the trial Court rightly convicted the peti&....... Joynul Abedin J Md. Abdul Matin J Md. Kudrat Ali………………………….....Petitioner Vs. Dr. Mahfuzul Haque and another..........Respondents Judgment August 19, 2008. Lawyers Involved: ......he office of the Registrar of the Joint Stock Companies, will clearly show that the charge under section 467 of the Penal Code is not sustainable against the petitioner as there is not an issue of evidence and further the alteration and or addition in the Articles of Association was not done by ..Category: Criminal Law | Date: | Hits: 44
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
....r leave to appeal is directed against the judgment and order dated 13th September, 2007 passed by the High Court Division in Criminal Revision No. 514 of 2004 discharging the Rule. 2. Short facts as placed before the High Court Division are that 6.37 acres of land recorded in S.A. Plot N......Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Rustam Al Khan……………………..Petitioner Vs. The State and others…………..... Respondents Judgment March 9, 2009. ......ase No. 94 of 1996-97 for cancellation of Mutation in the name of the complainant and others vide Mutation Case No. 196 of 994-95 and P.Ws. 2, 3 and 4 also supported the informant. Considering the evidence of the witnesses and other materials on record, the High Court Division came to the findin..Category: Criminal Law | Date: | Hits: 57
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....or Leave to Appeal is directed against judgment and order dated 28.05.2007 passed by the High Court Division in Criminal Miscellaneous Case No. 18133 of 2006 making the Rule absolute. 2. The facts of the case, in short, are that the informant, Abu Ahmed Siddique, Chairman, Shovan Group of......m J Md.Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Abu Ahmed Siddique…………………. Petitioner Vs. Khandaker Abdul Awal and others……......Respondents Judgment October 30, ......dingly, we find no substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 624. ..Category: Criminal Law | Date: | Hits: 57
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....ommitted and error of law in dismissing the Criminal Appeal with the finding that as "the appellant did not face the trial and such can not now challenge the finding of the trial court on facts" on considering this contention this Division allowed the review petition for hearing b......Petitioner. Not Represented-the Respondent. Criminal Review Petition No. 28 of 2008. (From the judgment and order dated 10.06.2008 passed by the Appellate Division in Criminal Appeal No.34 of 2006.) ......t mean rehearing of the matter afresh, we find no substance in the review petition, Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 617. ..Category: Criminal Law | Date: | Hits: 43
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....aterials available on record. 9. We have perused the impugned judgment and order of the High Court Division carefully and anxiously. The learned Judges discussed and considered the facts, circumstances, evidence of witnesses and materials on record and found that in the instant ......l Islam Talukder, Deputy Attorney General, instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 03 of 2008. (From the judgment and order dated 20.09.2007 and 23.09.2007 passed by the High Court Division in Criminal Appeal No. ......petitioner and others were examined under Section 342 of the Code of Criminal Procedure to which they pleaded innocence and declined to examine defence witness. 5. Considering the evidence on record, adduced by the prosecution and the defence version, the learned Judge of the Tr..Category: Criminal Law | Date: | Hits: 96
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