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Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
.... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......istant Judge), Joypurhat in Other Class Suit No.16 of 1986 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. 3. The plaintiffs claimed the land in suit as heirs of Ramhari Kasya. It is ...... that appellate Court ought not have set aside the finding of the trial Court since the trial Court had opportunity of seeing demeanour of the witnesses and also observed that settled principle of law is that the appellate Court before setting aside the finding of the trial Court should think tw..Category: Property Law | Date: | Hits: 28
Khalil Mia and others Vs. State, 2007, 36 CLC (AD)
....any reasons for closing the examination of the prosecution witness being dissatisfied with the conduct of the learned Advocate for the petitioners caused serious miscarriage of justice to the petitioners and deprived them from getting opportunity of taking ...... any substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 539. ......yers Involved: Md. Shamsul Huda, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No.18 of 2006. (From the judgment and order dated the 22nd November, 2005 passed b...... Case No.2 dated 15.04.1990 under Sections 147/148/3237 324/325/326/307/302/114 of the Penal Code alleging, inter alia, that on 15.04.1990 at about 12 a.m. 41 F.I.R. named accused persons forming unlawful assembly being armed with deadly weapons surrounded the house of one Mohammad Alis with a vi..Category: Criminal Law | Date: | Hits: 40
Zainul Abedin Vs. State, 2007, 36 CLC (AD)
....nce of any incriminating material against the petitioner, the proceedings against the petitioner ought to be quashed to prevent the abuse of the process of Court and to secure the ends of justice; that the petitioner filed an application under Section 265(c) of the Code of Criminal......nd no substances 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) 536. ......lah-Al-Mamun, learned Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For Respondent. Criminal Petition for Leave to Appeal No. 256 of 2006. &......nd no substances 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) 536. ..Category: Criminal Law | Date: | Hits: 52
Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
..... Mr. Md. Nawab Ali, the learned Advocate-on-Record appearing for the petitioner, submitted that the proceeding as against the petitioner is bad in law and as such liable to be quashed for ends of justice. He further submitted that the allegations so made in the petition of complainant......heard the learned Advocate-on-Record and perused the materials available on record and have reasons to believe that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (20...... Judgment September 27, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 443 of 2007. &......nt on 11-09-2005 but the said cheque was dishonoured with a remark "insufficient fund". Thereafter, the complainant-respondent No. 2 on 25-09-2005 served two legal notices through engaged lawyer by registered A/D in present and permanent address of the accused-petitioner demanding..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here 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) 519. ......the property of one family and that the plaintiff and his father live in the same mess as found by the Circle Office (Revenue) Nachole, the Additional Deputy Commissioner (Rev), Rajshahi and accordingly the Circle Officer (Rev) Nachol was ordered to take possession of the excess land under....... Enamul Huque and others.........................Respondents Judgment August 26, 2008. Lawyers Involved: Sayeeda Afsar Jahan, instructed by B. Hossain, Deputy Attorney General, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. ......five years before 16th day December, 1971, has been amended by the words "before the 20th day of February, 1972" and as such the Additional Deputy Commissioner (Rev), on misconception of law, dismissed the appeal of the plaintiff on 19.9.1977 fully knowing that such provisions has been..Category: Property Law | Date: | Hits: 26
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ...... Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 618 of 2007. (From the judgment and order dated the 22nd day of January......d as the Nikah Registrar. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the impugned judgment and order is ex facie illegal and bad in law as well as in facts; that the respondent No.1 is not a permanent resident of No.7 Edbarpur Unio..Category: Civil Law | Date: | Hits: 99
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......moted to the post of Superintendent and was serving in that capacity to the satisfaction of the concerned authority. The appellant had to go home on account of resolving his land disputes and accordingly he filed an application for leave from 3.4.1993 to 28.4.1993 and left the station....... Judgment March 17, 2009. Case Referred To- Mahbubur Rahman Sikder Vs. Mojibur Rahman Sikder, 37 DLR (AD) 145. Lawyers Involved: Enayatur Rahim, Additional Attorney General, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Appellants. &nbs......On receipt of the said letter, the respondent submitted his reply on 28.7.1993 explaining his position stating that the charge of misconduct so framed against the respondent was not sustainable in law inasmuch as it did not fall within the ambit of Rule 3(b) of the said Rules of 1985 and prayed ..Category: Administrative Law | Date: | Hits: 159
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
.... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ......this court approved of the finding of the High Court Division while dismissing the civil petition for leave to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC ......; (From the judgment and order dated 04.12.2007 passed by this Division in Civil Petition for Leave to Appeal No.1055 of 2006.) Judgment ......y;nitely learnt about it on obtaining certified copies of the deeds of sale and filed the pre-emption cases on making deposit of value of case land as per deed with 10% compensation as required by law and total quantity of land held by her would be far less than 100 bighas. 4. The petitio..Category: Property Law | Date: | Hits: 24
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......ellow Pages Directory it adopted a trade mark consisting of the letter "DYP" under line by a redline with "Y" red colour so as to create an impressive look of the trade mark and accordingly applied for the trade mark consisting of the letter "DYP" followed by the wor...... Not represented-the Respondents. Civil Review Petition No.172 of 2008. (From the judgment and order dated 30th May, 2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1354 of 2004) Judgment &n......shy;ated by a single individual and as such the registration of "Yellow Pages" as Trade Mark has affected the business community inasmuch as such registration is not permitted under law and that the Trade Mark No. 50431 in respect of Bangladesh "Yellow Pages" cannot rema..Category: Intellectual Property Law | Date: | Hits: 329
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....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) 488. ......5991/- and then the plaintiff executed a sale deed on 20.2.1974 and on the same date the defendant No.1 also executed an agreement of re-conveyance the suit land in favour of the plaintiff and accordingly the plaintiff delivered possession of the suit land in favour of the defendant No......Sufia Khatun, Advocate-on-Record-For the Petitioner Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4 Civil Petition for Leave to Appeal No. 275 of 2008. (From the judgment and order dated 24.9. 2007 passed by the High......ought the suit ended unsuccessfully up to the Appellate Division and that the plaintiff proceeded with the earlier suit bonafidee with due diligence and in good faith and he under the advise of his lawyer instead of filing the suit for specific performance of contract wrongly filed the suit ..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....e case being made out in support of the prayer for temporary injunction the appellate Court did not commit any error of law resulting in an error in the decision occasioning a failure of justice in granting the order of temporary injunction and further the question of maintainability o......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) 485. ......dent Judgment June 13, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 350 of 2007. (From the judgment and order dated 27.6.2005 passed by the High C......not an offence rather it should he encouraged and so a strong prima facie case being made out in support of the prayer for temporary injunction the appellate Court did not commit any error of law resulting in an error in the decision occasioning a failure of justice in granting the ord..Category: Employment/Service Law | Date: | Hits: 66
Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)
....S. Plot No.361 of mouza Shola. It is also the contention of the respondent that the approved plan was cancelled without prior notice and thereby there has been violation of the principle of natural justice. 3. Rule was opposed by the appellant (respondent No.1 in the writ petition) by fili......e record of right in 1997, that respondent's vendor applied to the RAJUK for treating the unacquired part of the land of C.S. Plot No.361 i.e. 25 decimals of land as residential plot and RAJUK accordingly certified the land as residential plot and intimated the said fact, that the respondent......d. Joynul Abedin J Md. Abdul Matin J The Chairman, Rajdhani Unnayan Kartipakkha, RAJUK…............Appellant Vs. Time Tower Ltd. represented by its Managing Director….........Respondent Judgment December 4, 2008. Lawyers Involved: ......ant was entitled to get a prior notice to that effect. We therefore hold that impugned order has been passed in flagrant violation of the principle of natural justice and it can not be sustained in law." 5. The learned Counsel for the appellant has urged the following grounds: - ..Category: Property Law | Date: | Hits: 28
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......ubmits that it is approved by the Government and non-Government audit that all the Principal of the Non-Government college draws the salary of Tk. 11,000/- (taka eleven thousand only) per month and accordingly the Principal drew the salary in the aforesaid amount but the High Court Division faile......007) Vs. Bangladesh, represented by the Secretary, Ministry of Education, Secretariat Building, Ramna, Dhaka and others......Respondents (In both cases) Judgment October 26, 2008. Lawyers Involved: Syed Mahbubar Advocate-on-Record-For the Petitioner ......ade in the writ petitions. However, the case of the respondent Nos. 7, 8 and 9, in short, is that the appointment, posting, promotion and granting of M.P.O to the teachers and staffs are guided by law, rules a guidelines issued by the Ministry of Education from time to time. On 26.11.2005, ..Category: Employment/Service Law | Date: | Hits: 57
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.......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.......d-For the Petitioner. Mahmudul Islam, Senior Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-18. Civil Petition for Leave to Appeal No. 245 of 2007. (From the judgment and order dated 28.8.2006 passed by the High Court ......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...Category: Property Law | Date: | Hits: 42
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
....ule absolute. He lastly submits that the High Court Division erred in holding that the imposition of penalty was unauthorized, illegal and unwarranted and as a result there has been miscarriage of justice requiring interference by this Court. 5. Upon such permission, the Commissioner......vision upon correct assessment of the legal position and materials 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) 466. ...... and others…… ......... Petitioners Vs. Md. Feroz Alam……………………….........Respondent Judgment October 15, 2008. Lawyers Involved: Naima Haider, Deputy Attorney General, instructed by......d the provisions framed by the Revenue Authority and the writ petition is in contravention of sections 217 and 218 of the Customs Act. The High Court Division overlooked the provision of law and Import policy order 1995-1997 and committed error of law in making the rule absolute. He fu..Category: Business or Commercial Law | Date: | Hits: 163
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....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. ......eeding settled in a revenue forum cannot be agitated before the Civil Court, is a correct 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. ......bber, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 (In both the cases). Not represented- Respondent No. 2 (In both the cases). Civil Petition for Leave to Appeal Nos. 868 and 869 of 2007. &nbs......las. These defendants got their names mutated. The plaintiff unsuccessfully moved up land appeal board for getting the auction sale set aside. The suit is bad for defects of parties and hit by law of limitation and also hit by section 42 of the Specific Relief Act. 4. The Assistant J..Category: Property Law | Date: | Hits: 22
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
....t Division granting full relief's sought for in the revisional application in a summary manner without issuing any Rule upon the appellants or upon the State which is against the principle of natural justice. 5. Respondent Nos. 1's father died on 26th January, 1995. An application in the court of...... 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....... Md. Ruhul Amin J. - This appeal, by leave, has arisen from the judgment and order dated 15th June, 1999 passed by the High Court Division in Criminal Revision No. 352 of 1999. 2. Facts leading to the filing of this appeal, in short, are respondent No. 1's father Ahmed Chowdhury of village Lat...... order under appeal is the High Court Division granted full relief sought hi the revisional application in summary manner without hearing the respondent Nos. 3-9 and the State. The age old concept of law is that in a proceeding by an order of the Court, if the respondent is going to be affected then..Category: Criminal Law | Date: | Hits: 37
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
.... Code. 18. Furthermore, it appears that one of the convicted accused appellant No. 9 of one Kamal Hossain alias Kamal whose name was struck out of the leave petition as he was fugitive from justice having went on bail by the High Court Division in Criminal Appeal No. 1928 of 1997 and Jail......rcumstances and supporting specific evidence of distinct overt acts of these condemned prisoners, we do not find any extraneous circumstance for comminuting their death sentence and accordingly their appeal is dismissed. 13. Criminal Appeal No. 38 of 2003 are at the in......nother................Appellant (In Criminal Appeal No. 39 of 2003) Vs. The State......Respondents (In both the appeals) Judgment June 16, 2004. Cases Referred to: Sheikh Ahmed Vs. The State reported in 1979 Bangladesh Supreme Court Reports Volume III......on presumable due to oversight placed only the jail petitions for hearing in chamber and as a result they were seriously prejudiced as the open court had no opportunity of hearing the lawyer's of the petitioners. II. Because initial judgment by the trial Court in Sessions..Category: Criminal Law | Date: | Hits: 35
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....to consider whether theses two findings of the appellate Court are based on correct and proper appreciation of the evidence on record or whether these findings are perverse causing failure at justice, as contended by the State-appellant. 4. Mr. Shamsul Alam, learned Deputy Attor......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. ......ellip;………....Appellant Vs. Nuru Mira.............Accused-Respondent Judgment May 16, 1993. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellant. A. K. Badrul......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. ..Category: Criminal Law | Date: | Hits: 44
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....ved 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 disposed of with the direction to the convict respondent......conviction of the respondents the Trial 'Court convicted them and the High Court Division inspite of the order of conviction allowed bail to the respondents and thus committed error. Moreover, according to the learned Advocate-on-Record, granting of bail sine die to the respondents contrary...... 1445 of 1997). Judgment Amirul Kabir Chowdhury J.- The informant appellant Abdus Sobhan has filed this appeal with the leave of the Court against order dated 04.02.1998 granting bail to the accused respondent Nos. 1 and 2 by a Division Bench of the High Court Division in Criminal A......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ..Category: Criminal Law | Date: | Hits: 29
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