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Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....e No.3904 of 1998 convicting the petitioner under Section 138 of the Negotiable Instrument Act and sentencing him to suffer imprisonment for 1 (one) year with fine of Tk. 18,90,000/-. 2. The facts, in short, are that this application for review has not been filed on discovery of new f......inur Rahman J Md. Abdul Aziz J Jamil Ahmed Khan……………………………..Petitioner Vs Md. Delwar Hossain and another……………......Respondents Judgment April 21......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..Category: Criminal Law | Date: | Hits: 50
Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 CLC (AD)
....is petition for leave to appeal is directed against the judgment and order dated 02.02.2006 passed by the High Court Division in Civil Revision No.2196 of 1990 discharging the Rule. 2. Short facts are that the plaintiff instituted Other Class Suit No.45 of 1986 in the Court of Assista......ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 585 of 2006. (From the judgment and order dated 02.02.2006 passed by the High Court Division in Civil Revision No.2196 of 1990.) ...... signature under threat and coercion on the Kabinnama. The High Court Division further held that the concurrent findings of fact arrived at by the courts below are based on the appreciation of the evidence on record and accordingly declined to interfere with the concurrent finding of the Courts ..Category: Family Law | Date: | Hits: 169
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ...... VI ADC (2009) 424. ......ollaiman 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 ..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....e Appeal No.312 of 1999 affirming those dated 19.10.1999 passed by the Senior Assistant Judge, Additional Court, Sadar, Sylhet in Title Suit No. 50 of 1997 dismissing the suit. 2. The short facts of the case are that the plaintiffs instituted Title Suit No. 216 of 1985 in the First Court ......C (2009) 419. ...... Division observed that the said alleged settlement was not in respect of the suit land. It appears from the rent receipts exhibit-2 series submitted by the plaintiffs that these rent receipts are evidence of possession of the plaintiffs, moreover the contesting defendant himself admitted t..Category: Property Law | Date: | Hits: 31
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ....... Not represented- the Respondent. Civil Petition for Leave to Appeal No.211 of 2006 (From the judgment and order dated 25th July, 2005 passed by the High Court Division in Civil Revision No.2651 of 1999......he High Court Division committed an error of law resulting in error in the decision of the case occasioning a failure of justice in misreading the pleadings of the parties as well as the evidence on record and in filling to consider the legal effect of the admitted fact and in basing h..Category: Property Law | Date: | Hits: 30
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
.... on payment of all duties and taxes and to sell and to keep out of the sale proceeds of TK.43, 00,000.00 in fixed deposit to the credit of the trial Court till final decision of the suit. 2. The facts of the case, in short, are that the plaintiff-appellant is a Banking Company incorporated unde...... CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Dhaka Bank Limited…………………………………..Appellant Vs. Monir Hossain and others………….........Respondents Judgment August 25, 2008. Lawyers Involved: ......Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ..Category: Business or Commercial Law | Date: | Hits: 142
Monowara Begum and others Vs. M.A. Siddique and other, 2008, 37 CLC (AD)
....this petition the petitioners seek review of the judgment and order dated 16th September, 2007 passed in Civil Petition for Leave to Appeal No. 315 of 2006 dismissing the same. 2. Short facts are that the plaintiffs instituted title Suit No. 86 of 1992 in the Court of Senior Assi......ion (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Monowara Begum and others…………………………..Petition......ot rehearing of the matter. There is no cogent ground for review of the impugned judgment. The review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 387. ..Category: Property Law | Date: | Hits: 27
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....no lease in favour of the writ-petitioner and there was no record in the office which shown lease in favour of the writ petitioner and as such the High Court Division should have on these admitted facts passed an order vacating the order of status quo and thereby depriving the writ petitioner fr...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Matiur Rahman............Respondent No. 3- Petitioner Vs. Md. Shah Alam and others........Respondents Judgment October 4, 2007. Lawyers Involved: ......ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ..Category: Property Law | Date: | Hits: 25
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....r their licence/yearly lease was cancelled for violation of terms of lease agreement. 7. It is needless to mention here that licence does not create any interest. 8. Therefore, in the facts and circumstance of the case and in view of the discussion made above, we are of the view tha...... Zahangir, Advocate-on-Record-For the Petitioners. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.454 of 2007. (From the judgment and order dated 06.02.2007 passed by the High Court Division in Writ Petition No.1677 of 2003.) ...... 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: VI ADC (2009) 381. ..Category: Property Law | Date: | Hits: 26
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....tion for leave to appeal is directed against the judgment and order dated 05.03.2006 passed by the High Court Division in Civil Revision No.344 of 1995 making the Rule absolute. 2. The facts, in short, are that the predecessor-in-interest of the opposite party No.1(a) Gulam Wahed Mo......se is also Reported in: VI ADC (2009) 377. ......ppears that the High Court Division considered that the settlement was obtained in the name of minor Meharun Nessa on 07.12.1933 and that there is no evidence that Meharun Nessa exercised her right of possession by asserting her title. The High Cour..Category: Property Law | Date: | Hits: 23
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 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: VI ADC (2009) 373. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nur Islam Sharif alias Eslam Ali……….........Petitioner Vs. Amjed Ali Molla and others…........Respondents Judgment July 21, 2008. Lawyers Involved......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) 373. ..Category: Property Law | Date: | Hits: 26
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....ional District Judge, 1st Court, Naogaon in Title Appeal No. 292 of 1993 passed by the learned Subordinate Judge, 2nd Court, Naogaon in Other Suit No.115 of 1991 dismissing the suit. 2. The facts, in short, are that the present petitioner and others as plaintiffs instituted Other cla......s also Reported in: VI ADC (2009) 361. ......y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....for license to exhibit motion picture film in Capri Cinema Hall, Gaizpur, Tongi and that granting of license to the respondent No. 2 to exhibit motion picture film in the said Cinema Hall. 2. The facts, in short, are that Capri, Cinema Hall was established in Tongi Industrial Area by the respond......Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Syeed Ahammed J Md. Nurul Islam Sarker.........Appellant Vs. The Deputy Commissioner, Gazipur and others…......Respondents Judgment May 14, 2002. Result: The Appeal is allowed. ......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....the appellant against the judgment and order dated 30-04-2002 passed by the learned Single Judge of the High Court Division discharging the Rule in Civil Revision No.12 of 1995. 2. The short facts are that the appellant filed Title Suit No. 405 of 1984 against the respondent Nos.3-4 for S......r Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mozharul Islam Chowdhury, Advocate……………Appellant Vs Dilip Kumar Roy and others……………………………R......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ..Category: Property Law | Date: | Hits: 31
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....ing the order of 'Pay off' as without lawful authority but refusing the salary due to the petitioners for the period when they were kept out of service by the order of "pay off'. 2. The facts, in short, are that the writ petitioners are citizen of Bangladesh. They were appointed by a......0 of 2005) Md. Golam Rasul Khan…..........Petitioners (In Civil Petition No.1321 of 2005) Vs. Bangladesh, represented by the Secretary, Ministry of Industries Dhaka and others…........Respondents (In all the cases) Chairman, Bangladesh......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ..Category: Employment/Service Law | Date: | Hits: 64
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....tion for leave to appeal is directed against the judgment and order 13th March, 2007 passed by the High Court Division in Civil Revision No. 3460 of 2001 discharging the Rule. 2. Short facts as placed before the High Court Division are that the plaintiff instituted Title Suit ......urt Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Sohrab Ali Molla (Md) and others......................Petitioners Vs. Md. Ataur Rahman Talukder and others ....... (ninety) days of the date of decree failing which the decree for partition was to be maintained. 5. On appeal being Title Appeal No.53 of 1994, the appellate Court upon consideration of the evidence on record refused the claim of the benami as raised by the defendant Nos.1 and 2 and held ..Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....le Appeal No.64 of 1987 dismissing the Appeal of the petitioner and affirming the judgment and decree passed by the learned Assistant Judge, Narail in Title Suit No. 383 of 1978. 2. The facts, in short, are that the petitioner as a plaintiff filed Title Suit No.383 of 1978 in the...... also Reported in: 14 BLC (AD) (2009) 101. ......n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ..Category: Property Law | Date: | Hits: 23
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
.... Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 3-4-2005 in Death Reference No. 59 of 2002 with Criminal Appeal No. 3591 of 2002. 2. The facts, in short, are that Death Reference No. 59 of 2002 was taken up for hearing with Crimina......; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J State.....................................Petitioner Vs. Abdul Jalil and others...........Respondents Judgment February 8, 2009. Lawyer......ed the victim on her way to school and gave her illegal proposal along with Fazal Miah and Fazal Miah wanted to marry the victim. But she refused. 6. The learned tribunal after recording the evidences convicted all the accused under section 4 of the Nari-o-Shishu Nirjatan Bishesh Bidhan A..Category: Criminal Law | Date: | Hits: 38
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
....for Leave to Appeal is directed against the judgment and decree dated 29-8-2007 passed by the High Court Division in Appeal from Original Decree No.286 of 1993 dismissing the appeal. 2. The facts of the case, in short, are that the suit land belonged to Guru Doyal Chakraborty, Ram Charan ......Tafazzul Islam J Md. Joynul Abedin J Md. Ali Bepary and ors.................Petitioners Vs. Garupranjan Chakraborty and others...........R......rawing such a conclusion. 5. It appears from the record that there is no sufficient pleading in support of plaintiff's claim of adverse possession in the suit land and there is also no legal evidence as well in support of plaintiff's claim. To enable a plaintiff to acquire title by ad..Category: Property Law | Date: | Hits: 22
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....nd fabricated and no marriage was registered by accused No. 6 Md Manzur Hossain and he issued the fake receipt. Hence the FIR was lodged with Sutrapur PS stating the occurrence i.e. aforementioned facts. 3. Police after investigation submitted charge sheet on 14-2-2005 only against ......hammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Abu Sayed (Md) alias Saidur Rahman and another..........Petitioners Vs. Sonia Akhter Selina and another…................orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ..Category: Criminal Law | Date: | Hits: 79
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