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Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....gh Court Division erred in failing to consider that the plaintiff failed to specifically identity the suit land as set out in the schedule to the plaint and as such there has been a failure of justice warranting interference by this Court. 7. We have heard the learned Advocate-on-Rec......s raised and argued on behalf of the defendant arrived at a correct decision on the basis of the 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. ...... Judgment May 26, 2009. Lawyers Involved: 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 C......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. ..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. ......nondo, inherited the life long-interest on the case land and to meet the funeral and others expenses she sold the same to the plaintiff by executing and registering a sale deed dated 30.09.1985 and accordingly got possession thereon and thus the plaintiff has been owning and possessing the suit ......Petitioner. A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul Advocate-on-Record-For Respondent No.1-3. Not represented-Respondent No. 4-7. Civil Petition for leave to Appeal No. 634 of 2008. (From the judgment and order dated 29.01.2008 passed by the High...... 3 having failed to produce the original deed gift, though called for, the defendant No. 4 was required to investigate into matter and the said defendant No.4 illegally and against the provision of law, in the absence of the said deed gift in favour of the defendant No.3 as successor-in-interest,..Category: Property Law | Date: | Hits: 54
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......irmed the judgment and decree of the trial Court mechanically and in a slip short manner. He further submits that the High Court Division while discharging the Rule failed to consider that according to the judgment of the trial Court, the defendants have paid enhanced rent regularly....... M. Shahidul Hug, Advocate-on-Record-For the Petitioners. Md. Osman Ghani, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1209 of 2008. (From the judgment and order dated 27.04.2008 passed by the High ......t Division ought to have consider the matter with wider amplitude, but the revisional Court failed to discuss any of the grounds agitated by the petitioners, which is against the provisions of law. His further submission is that trial Court and the High Court Division failed to apprecia..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.......on the suit land and with that end in view they approached the authority concerned for allowing them to use the land of plot No. 260 including the suit land by converting the same into a market and accordingly the Minister concerned asked the A.D.C. (Rev) Dhaka, the defendant respondent No.8, to d...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. ......t Judge), Dhaka for declarations that the order dated 23.10.1976 of the Additional Deputy Commissioner (Rev), the defendant No.2, for forfeiture the suit land is illegal and has no binding force in law and their right title and interest in the suit land have not been affected thereby and that they..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... the contemner No. 2 and 5 committed contempt of this Court. We find that pursuant to the order dated 27.09.2007, the petitioner has already been reinstated in his post, in our view, the justice should be met, if we take a lenient view in awarding punishment to the above contemner......bmitted his joining report on 02.03.2006 and 05.03.2006 in response to the order of reinstatement issued by the leave petitioner, the leave petitioner refused to accept the joining report and accordingly the writ petitioner brought the matter to the notice of the Chairman of the Board ......Md. Aftab Hossain, advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondents No.1. Not represented-Respondent No. 2-9. Civil Petition for Leave to Appeal No. 707 of 2008. (From the judgment and order dated 15.11.2007 passed by the High ......t Division. In our opinion, the judgment and order passed by the High Court Division convicting the leave-petitioner and Md. Jalal Ahmed for committing offence of content is in accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to app..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....dant-respondent but upon permission to argue on behalf of the respondent sought by the learned Counsel for the purpose, we have heard Dr. M. Zahir for the respondent in order to secure end of justice. 14. Dr. M. Zahir, learned Counsel, appearing for respondent while support......ent decided to de-requisition their land along with the land of others and thereupon they were served with the notice to return the compensation money received earlier by them and accordingly they refunded the compensation money to the Deputy Commissioner but in spite of that th......mon judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ petitions in the first bunch were filed impugning the notice of Rajdhani Unnayan......and the C.P. Nos. 73 and 74 of 2002 have been filed against the common judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ petitions in t..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 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: 14 BLC (AD) (2009)115. ......on 24-2-2004 whereby it was agreed that each party's containers would be carried, both the empty and laden, on Chittagong-Colombo-Chittagong route per vessels as mentioned in the purported MoA and, according to the purported Memorandum of Agreement (MoA), each party would procure and maintai......, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No. 5. None represented—Respondent Nos. 3, 4 and 6-19. Civil Petition for Leave to Appeal No.1368 of 2007. (From the judgment and order dated the 14th day of August, 2007 p......ompany has failed to annex any written authority from its alleged principal as well as other material documents as prescribed by the Customs Act, Foreign Exchange Regulation Act and other relevant laws to prove the locus standi of the purported agent of the defendant No. 5, company. In the facts..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
.... prisoner, Abul Kashem and the accused appellant, Anowar Hossain Pinto started for Burichang without waiting for the arrival of the Chairman with dagger in their hands saying that they would demand justice from the Chairman on the way. At that time, the accused Nabalak Mia (since acquitted) called......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. ...... (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J State.............................................Appellant Vs. Anowar Hossain Pinto alias Anowar Hossain & another…....Respondents Judgment June 4, 2009. Lawyers Invo......ed the condemned prisoner, Abul Kashem and convict petitioner Anowar Hossain Pinto. 7. The learned Additional Attorney-General submitted that the learned Judges of the High Court Division erred in law in omitting to consider that in the instant case the occurrence took place on 10-3-1996 at about..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......are that the plaintiff as an exporter of frozen fish entered into an agreement with defendant No. 5 'Flag Importers Inc' of USA through their agent defendant No. 6 for exporting headless prawn and accordingly, an irrevocable letter of credit was opened being Letter of Credit No. 667392, dated 11......ord—For the Respondent Nos. 2 and 3. (In Civil Petition No. 623 of 2008). Not represented—Respondent Nos. 4-7 (In Civil Petition No. 623 of 2008). Civil Petition for Leave to Appeal Nos. 640 and 623 of 2008. (From the judgment and decree dated the 5th day of Dece...... absence of production of bill of lading, although to do this, now in practice, the receiver furnishes the carrier with a bond of indemnity, that the High Court Division committed an error of law without applying its judicial mind as to why the plaintiff did not directly hold responsible th..Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....r case falling under Exception 4 of the Section 300 of the Penal Code and punishable under part II of Section 304 and not under Section 302 of the Penal Code and as such there has been a failure of justice and there has been serious prejudice to the appellants. Leave was granted to consid......ision rightly dismissed the appeal and upheld the order of conviction and 'sentence passed by the learned Additional Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR ......ppellants A. S. Md. Abdul Mobin, Deputy Attorney General instructed by A.S.M. Khalequzzaman, Advocate-on-Record- For the Respondent. C......ag No. 240 of D.P. khatian No.1077 in mouza Ramgati in order to plough and plant "Aus" paddy. At that time accused Dayemuddin, Mostufa, Noor Nabi @ Shanu, Mahibullah and others forming unlawful assembly being armed with shol, cheni dao and lathi etc. went there and attacked the informa..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. ......n, his mother Sharifa Khatun along with accused Shahjahan went to search Rana, elder brother of Alamin, and in the midway Alamin went back home leaving behind his mother with accused Shahjahan and accordingly, victim Sharifa Khatun was lastly seen with accused Shahjahan before disappearance. Def......ed: Md. Khurished Alam Khan, instructed by Haridash 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......#2482;েই খারাপ হয়েছে” and as such, the conviction under Section 302 of the Penal Code cannot be sustained in the eye of law. Moreover, the weapon Chapati used in the commission of murder recovered from ditch as per show..Category: Criminal Law | Date: | Hits: 52
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
.... that the assessee-petitioner acquired a right to have his appeals heard in accordance with law only after disposal of his applications for waiver in reference and thereby the principle of natural justice has been violated and therefore the impugned orders are bad in law. 8. Since it appe......he assessee-petitioner was not bonafide and to delay the disposal of the proceeding and hence the impugned order of dismissal passed by the Tribunal cannot be said to be not proper and accordingly the High Court Division also answered the questions raised in the Reference Appl...... Lawyers involved: Rafique-Ul Huq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner (In both the cases). Mahbubey Alam, Attorney General, (with Mrs. Mahfuza Begum, Assistant Attorney General) instructed by B. Hossain, Adv......n limine on the ground of non-fulfillment of requirement under Section 158(2) (b) of the Income Tax Ordinance, 1984? (b) Whether the Bangladesh Taxes Appellate Tribunal was justified in law in not considering the appeal on merit under Bangladesh Taxes Appellate Tribunal rule of 1985?..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......ed-Respondent No.2. Criminal Review Petition No. 16 of 2008. (From the judgment and order dated 17.04.2008 passed by the Appellate Division in Criminal petition for leave to Appeal No.107 of 2008). Judgment &n......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ..Category: Criminal Law | Date: | Hits: 44
Joynal Abedin and others Vs. State, 2008, 37 CLC (AD)
....he prosecution case is admitted the conviction under Section 302/34 of the Penal Code is not sustainable in law and as such, the impugned judgment and order needs to be reviewed for the interest of justice. 4. Review is not and alternative to an appeal. In order to invoke the provision of ......bove have been before the High Court Division and these pleas did not impress the Courts below and this Court. In view of the above, we do not find any substance in the application which is, accordingly, dismissed. Ed. This Case is also Reported in: VI ADC (2009) 629. ......d- For Respondents. Criminal Review Petition No. 25 of 2008. (From the judgment and order dated the 5th day of June, 2008 passed by High Court Division in Criminal Petition for Leave to Appeal No. 192 of 2002). Judgment &...... common intention of the accused and as such, convicting and sentencing all the accused persons for imprisonment for life under Section 302/34 of the Penal Code is not sustainable in law. The Advocate further submitted that even if the prosecution case is admitted the conviction un..Category: Criminal Law | Date: | Hits: 47
Abu Ahmed Siddique Vs. Khandaker Abdul Awal and others, 2008, 37 CLC (AD)
....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. ......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. ...... Abu Ahmed Siddique…………………. Petitioner Vs. Khandaker Abdul Awal and others……......Respondents Judgment October 30, 2008. Lawyers Involved: Abdul Basel Majumder, Senior Advocate, instructed by......the F. I. R. on 15.05.2006 at about 8:30 P.M. of an occurrence happened in between 8:00 A. M. to 11:00 A.M. of 28.11.2005. The allegation are that accused No.1, Shahana Khandaker Rumki, daughter-in-law of the informant and wife of his son, Iqbal Yousuf Shovan, marriage was solemnized on 19.11.19..Category: Criminal Law | Date: | Hits: 57
Md. Nurul Absar Vs. State, 2008, 37 CLC (AD)
....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. ......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. ......he Appellate Division in Criminal Appeal No.34 of 2006.) Judgment Md. Joynul Abedin J. - This petition seeks to review the judgment and order dated 10.06.2008 passed by this Division in Criminal Appeal No.34 ......he learned advocate-on-Record for the petitioner submits that the specific contention of the petitioner is that the learned Judges of the Appellate Division committed and error of law in dismissing the Criminal Appeal with the finding that as "the appellant did not fac..Category: Criminal Law | Date: | Hits: 43
Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)
....including himself, which was neither brought to the notice of the learned court nor the same was at all taken into consideration by the High Court Division and therefore, there was a miscarriage of justice. 8. We have hared the learned Advocate for the petitioner and perused the impugned j......1st Class, Faridpur and submitted charge-sheet against the petitioner and 2 others under Section 11 (Ka)/4(1)/30 of the Nari-O-Shishu Nirjatan Daman Ain, 2000. Trial Court framed charge against him accordingly and read over the same to the petitioner and others, who pleaded not guilty and c......dgment April 21, 2009. Lawyers Involved: Bodrul Huq, Senior Advocate, instructed By Abu Siddique, Advocate-on-Record-For the Petitioner. Nazrul Islam Talukder, Deputy Attorney General, instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Criminal......d order of conviction and sentence of death of trial Court. 7. Mr. A. K. Bodrul Huq, the learned Senior Advocate, appearing for the petitioner, submits that the High Court Division erred in law in passing the impugned judgment and order affirming the sentence of death passed against the p..Category: Criminal Law | Date: | Hits: 96
Md. Shoukat Ali Howlader and others Vs. Nur Box Howlader and others, 2008, 37 CLC (AD)
....nd no 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) 604. ......nd no 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) 604. ......ash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 487 of 2007. (From the judgment and order dated the 10th day of May, 2006 pass......ndings of the Court below were based on non-consideration of the evidence of record inasmuch as the presumption of R.S. record of rights has not been rebutted resulting in as error of law in the decision occasioning failure of justice. 6. In view of the above, we find no..Category: Property Law | Date: | Hits: 24
Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)
.... we find no 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) 600. ...... we find no 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) 600. ......rs Involved: Mihir Kanti Majumder, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.610 of 2007 (From the judgment and order dated the 14th day of January, 2007 pa......ismissal of the suit. 4. Mr. Mihir Kanti Majumder, learned Advocate, appearing for the petitioners submitted that the appellate Court below by traversing all the material issues on facts and law reversed the findings of the trial Court and came to its independent findings that the plain&sh..Category: Property Law | Date: | Hits: 27
Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)
....llegality or infirmity in the decision of the High Court Division no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 594. ......s such after coming into force of Ain 2003, all pending execution cases instituted under the provisions of Ain 1990, stood transferred to the Artha Rin Adalats constituted under Ain, 2003 and accordingly all such execution case, so transferred, would be proceeded as per provision of new Ain...... Rokonuddin Mahmood, Senior Advocate, instructed by Binosh Chandra Biswas, Advocate-on-Record-For the Respondents No. 3. Not represented-Respondent Nos. 1-2. Civil Petition for Leave to Appeal No.1610 of 2008. (From the judgment and order dated 1.7.2008 passed by the High Co......so include pending execution cases and as such the continuation of the above Execution Case No.141 of 2002 in the above Artha Rin Adalat No.1, Dhaka constituted under Ain 2003 is in accordance with law. 4. The High Court Division, after hearing, discharged the Rule holding that the wo..Category: Civil Law | Date: | Hits: 103
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