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Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....ct decision and 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: VI ADC (2009) 469.......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nurjahan Begum…………………………............Petitioner Vs. Nur Rahman and other ............................Respondents Judgment August 11, 2008. Result: The ......gned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division discharged the Rule holding that there are serious contradiction in the evidence of P.Ws. as regard possession of the plaintiff in the suit land and all the P.Ws. also rema..Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ...... in: VI ADC (2009) 464. ......lam Sollaiman Kazi 26 DLR (HC) 70 and in the case of Rahela Khatun and another vs. Fayezuddin Shah 38 DLR (AD) 6, the appellate Court, instead of sending the suit on remand, was competent to admit evidence to decide whether the plaintiff No.1 executed the kabala dated 27.7.1960 in favour of Kris..Category: Property Law | Date: | Hits: 34
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....passed in Title Suit No.56 of 1991 by the learned Assistant Judge, Koyra decreeing the suit. 2. The facts, in short, are that Ferastullah predecessor of the petitioners as plaintiffs instituted a Ti...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Ferastullah Sarder being dead his heirs: Altaf Sarder and others......Petitioners (In both the cases) Vs. Md. Mobarak Ali Gazi and others&......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ..Category: Property Law | Date: | Hits: 22
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
....o.789 of 1994 making the Rule absolute declaring the impugned Memo No.CEN. CERT/94/153 dated 28.03.1994 issued by the Certificate Officer to have been issued without lawful authority. 2. The facts of the case, in short, are that respondent, a Fishermen's Co-operative Society, upon extensi...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Additional Deputy Commissioner (Revenue) Moulavi Bazar and others ............Appellants Vs. Pirpur Fishermen's Co-operative Society Limited......t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ..Category: Civil Law | Date: | Hits: 101
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
.... principle 'here the other side' the same is not sustainable in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......(2005) 888.......ing that on 17th January, 1995 his father Ahmed Chowdhury and another went to visit Darbar Sharif and there respondent Nos. 3-9 beat him and thereby caused his death and to cause disappearance of the evidence of cause of death, the said respondents instead of sending the dead body of his father to v..Category: Criminal Law | Date: | Hits: 37
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....;ing that accused Monowar dealt fala blow to wards Ebadat which entered into Ms left side of entered into the left side of Ms chest resulting in instant death of both Ebadud and Ansar. In the above facts and circumstances and supporting specific evidence of distinct overt acts of these conde...... Supreme Court Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abdul Aziz and others .......Appellants (In Criminal Appeal No. 38 of 2003) Monowar Hossain and anothe......of the other appeal leave was granted to consider: Mr. Malek, the learned Counsel appearing for the petitioners 2-8 in leave petition No. 139 of 2001 submits that in view of the evidence on record, the prosecution case as to the common object of 9 accused persons being to cut..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ......Appellant. A. K. Badrul Huq, Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 8 of 1990. (From the Judgment and Order dated 9-1-1986 passed by the High Court Division, Barisal Sessions, Barisal in Criminal A......ipped and fell down into the alder and accidentally hit a pointed bamboo under water sustaining an injury which resulted in his death. The learned Additional sessions Judge on consideration of the evidence of 11 witnesses examined by the prosecution, no witness have been examined by the licence ..Category: Criminal Law | Date: | Hits: 44
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....l for hearing inspite of the fact that the respondents moved the High Court Division repeatedly for early hearing of the appeal. 6. We have considered the submissions made at the Bar. In the facts and circumstances we are of the view that ends of justice would best be met if the appeal is ...... Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J Abdus Sobhan.................................Appellant Vs. Faruque Ahmed @ Sunan and others ...........Respondents Judgment March 20, 2004. Lawyers Involve......owed bail to them till disposal of the appeal. Hence is this appeal. 4. In support of the appeal Mr. Md. Nowab Ali, the learned Advocate-on-Record, submits, inter alia, that in view of the evidence warranting conviction of the respondents the Trial 'Court convicted them and the High..Category: Criminal Law | Date: | Hits: 29
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....ely could not be placed before the Appellate Tribunal due to inadvertence, the Appellate Tribunal was required to hear the appeal on merit in any case and (4) that having regard to the special facts of the case i.e., the writ petition was filed before section 6A was incorporated in the ...... Latifur Rahman J Muhammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Miss Shaheda Khaturi.......Appellant Vs. Administrative Appellate Tribunal, Dhaka and others..........Respondents Judgment May 21, 1998. Cases Referred t......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....the judgment of the learned Single Judge of the High Court Division. 9. It appears from the judgment and order of the learned Single Judge that he held" no oral evidence contrary to the facts recorded in the deed in question is admissible in evidence" and the evidence adduce...... ATM Afzal C J AM Mahmudur Rahman J Mustafa Kamal J Tambia Khatun………………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, 1999. Lawyers In......for the appellant urges that as the lower appellate court being the final court of fact arrived at the findings that the transfer in question is a sale and not an exchange on consideration of oral evidence on record the learned Single Judge fell in error of law in setting aside the Judgment of t..Category: Property Law | Date: | Hits: 66
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ...... Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Md. Nazir Hossain Khan and another.... ........Appellants Vs. Md. Mujal Mollah being dead his heirs: Shahid...... ad valorem Court fees "does not inspire any confidence in me. The suit is maintainable as it was a suit for simple declaration". Secondly, the four impugned deeds were not put into evidence. It was not understandable to the High Court Division how the lower appellate Court took i..Category: Property Law | Date: | Hits: 34
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
....shing the proceeding of C.R. Case No. 4321 (A) of 2000 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka under Section 138 of the Negotiable Instruments Act, 1881. 2. The facts, in brief, are that the appellant filed a petition of complaint on 11.12.2000 in the Cou......riminal) Present: Syed JR Mudassir Husain C J MA Aziz J Amirul Kabir Chowdhury J Munshi Md. Rashed Kamal.............Appellant Vs. Abdus Salam and another................Respondents Judgment January 10, 2005. Case ...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ..Category: Criminal Law | Date: | Hits: 42
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
.... 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No. 120 of 1993 pending in the Court of 3rd Additional Sessions Judge, Dhaka. 2. Short facts are that on July 9,1992 at about 8/9 A.M the members and supporters of rival unions of employ...... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The State………………….Appellant Vs. Md. Abdus Satter and others......Respondents Judgment April 5, 2004. Lawyers Involved: ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ..Category: Criminal Law | Date: | Hits: 44
State Vs. Kamal Uddin @ Pichchi Kamal, 2005, 34 CLC (AD)
....the rule absolute thereby allowing bail to the respondent in Sessions Case No. 365 of 2002 arising out of Muradnagar RS. Case No. 4 dated 08.03.2002 under Sections 302/34 of the penal Code. 2. The facts, in brief, are that one Enamul Huq as informant lodged a First Information Report with Muradna...... Mahmud, Senior Advocate (Rafiqul Islam Mia, Advocate with him) instructed by Mvi Md. Wahidullah, Advocate-on-Record - For the Respondent. Criminal Appeal No. 19 of 2003 (From the Judgment and Order dated 18.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No. 8894...... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ..Category: Criminal Law | Date: | Hits: 47
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ...... (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahamined J Md. Abu Daud Sarder.......Appellant Vs. The State and another.........Respondents Judgment July 27, 2002. Lawyers Involved...... section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such court, or of some other co..Category: Criminal Law | Date: | Hits: 50
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....ate of Haryana reported in AIR 1981 SC 561 the Court considered the proviso to Article 309 of the Constitution which is similar to our provision under consideration and it was observed in the facts of that case that" "The Government thus steps in when the...... M. M. Shahidur Rahman...........................Appellant (In Civil Appeal No. 14 of 1992) Abdul Majid Sarkar.....Appellant (In Civil Appeal No. 65 of 1992) Vs. Bangladesh and others......................Respondents. (In Civil Appeal No. 14 of 1992) Secretary, Min......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
....urt Division in Writ Petition No. 3855 of 1998 declaring acceptance of resignation of the writ petitioner to have been made without lawful authority and is of no legal effect. 2. Short facts are that respondent joined in the service of Bangladesh Biman, herein after in brief the Bima......Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury J Mohammad Gholam Rabban J Md. Ruhul Amin J Bangladesh Biman Corporation and others............Appellants Vs. Md. Jusimuddin………&helli...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..Category: Employment/Service Law | Date: | Hits: 95
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
....d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdui Rour J Bimalendu Bikash Roy Choudhury J Mozirullah and others...........Appellants Vs. Shafukuddin Ahmed and others...............R......n favour of the plaintiff does not create any presumption. The defendant’s title thereto have not been injured thereby. 6. The appellant Court below also discussed the plaintiff's evidence on possession and dispossession and found that the plaintiff has not been able to pro..Category: Property Law | Date: | Hits: 33
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
....the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ...... Involved: Md. Helaluddin Mollah, Advocate-For the Petitioner. Abdur Rouf, Deputy Attorney General-For the Respondent. Jail Petition No. 22 of 2007. (From the judgment and order dated 20th and 23rd September, 2007 passed by the High Court Division in Death Reference ......ination is that they have been falsely implicated in the case out of enmity and the deceased succumbed to her burn injury which was accidental in nature. 8. On consideration of the evidence on record, the learned Judge of the Tribunal found the condemned petitioner guilty of the ..Category: Criminal Law | Date: | Hits: 86
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....on for Leave to Appeal is directed against the judgment and order dated 09.04.2005 passed by the High Court Division Criminal Miscellaneous Case No.8 122 of 2002 discharging the Rule. 2. The facts of the case are that on 24.05.2000 the respondent No.1 as complainant filed a petition o...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Samarendra Nath Das (Nalu) and others ………………Petitioners Vs. Md. Atique ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ..Category: Criminal Law | Date: | Hits: 41
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