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Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....r dated 08-11-2007 passed by the High Court Division in Criminal Miscellaneous Case No. 11130 of 2007 filed under Section 561A of the Code of Criminal Procedure discharging the Rule. 2. The facts, in short, are that the petitioner filed the aforesaid Criminal Miscellaneous Case under....... Tafazzul Islam J Md. Abdul Matin J Bangladesh Cooperative Book Society Ltd. Head Office, Niaz Monjil 922, Jublee Road, P.S. Kotwali, District-Chittagong represented its Manager and constituted Attorney Mohammad Rafiq, son of Late Mawlana Abul Hossen……&helli......sion. There has been no failure of justice so as to call for interference by this Court. 23. Order under Section 146 could have been passed only after being satisfied on evidence in the proceeding under Section 145 of the Code of Criminal Procedure that neither party c..Category: Criminal Law | Date: | Hits: 32
State Vs. Md. Rafique, 2007, 36 CLC (AD)
..... The charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried. 5. The learned trial Court, in consideration of evidence on record as well as facts and circumstance of the case, found the accused respondent guilty for the offence charged und......Ameen J The State……........Petitioner Vs. Md. Rafique..........Respondent Judgment September 30, 2007. Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. ...... materials available on record. The charge was read over and explained to the accused to which he pleaded not guilty and claimed to be tried. 5. The learned trial Court, in consideration of evidence on record as well as facts and circumstance of the case, found the accused respondent guil..Category: Criminal Law | Date: | Hits: 22
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
...., inasmuch as the important witness had been withheld since they would not have supported the prosecution case. 9. The trial Court, in consideration of the evidence on record as well as facts and circumstances of the case, found the petitioner and others guilty for the off......CJ M.M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J The State………………….. Petitioner Vs. Kalam Talukder and others…..........Respondents Judgment November 18, 2007. Lawyers In......lose of the prosecution witnesses, the accused on dock were examined under Section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 8. The defence case as could be gathered from trend of cross-examination is total ..Category: Criminal Law | Date: | Hits: 38
Haji Alauddin Vs. State and another, 2008, 37 CLC (AD)
....ank Ltd. Branch at Bogra on 25.10.1998, 14.1.1999 and 27.2.1999 the Bank returned the cheques with the remark "payment stopped by the drawer". The informant in the background of aforesaid facts contended the conduct of the accused-appellant and 3 others amount to criminal breach of tru...... (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Alauddin ......................Appellant Vs. The State and another….........Respondents Judgment June 15, 2008. Lawyer Involve......tions 406/420 of the Penal Code and as such the impugned judgment and order is liable to be set aside. 7. The question of the High Court Division to consider after assessing the evidence whether the appellant's agreed to pay the money in installment amount to admission having ..Category: Criminal Law | Date: | Hits: 32
Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)
....ari in Title Appeal No. 90 of 2002. The appeal was filed, against judgment and decree dated April 23, 2002 in Title Suit No.352 of 1999 of the Court of Assistant Judge, Rajbari. 2. The short facts necessary for the purpose of disposal of the petition are that the plaintiff-respondent...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Shahjahan Mridha………………..Petitioner Vs. Jalal Sikder and others…..... Respondents Judgment November 14, 2007. Lawyers Involv......Rajbari as a final Court of fact rightly arrived at a correct finding in setting aside the judgment and decree of the trial Court on proper appreciation and assessment of both oral and documentary evidences on record and rightly set aside the judgment and decree of the learned Assistant Judge, R..Category: Property Law | Date: | Hits: 37
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)
....re 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) 142. ...... Abedin J Md. Abdul Matin J. Md. Nurul Hoque Sarker………………….....Petitioner Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other....Respondents Judgment August 3, 2008. Case Referred To- Sul......re 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) 142. ..Category: Civil Law | Date: | Hits: 106
Abdur Rashid Bepari Vs. Soleman Ali, 2008, 37 CLC (AD)
....and setting aside the judgment and decree dated 28.09.1995 passed in Other Appeal No.75 of 1994 upholding the judgment and decree dated 26.06.1994 passed in Other Suit No. 44 of 1994. 2. The facts, in short, are that the plaintiff-petitioner filed the aforesaid Other Suit No.44 of 1994 aga...... (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J Abdur Rashid Bepari.........Petitioner Vs. Soleman Ali being dead his heirs: Most Golenur Bewa and others .......Respondent Judgment February 6, 2008. Lawyers Involved: ......08.1987 on receipt of consideration money from the defendant-opposite party tendering possession to him. Hence the suit was liable to be dismissed. 5. The trial court on consideration of the evidence on record and hearing the parties decreed the suit. 6. The defendant preferred Title..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
....family and that the defendants, having denied his title in the suit land, he had to file the suit. 3. The defendant No.1 contested the suit by filing a written statement denying the material facts and contending that Rahim Sheikh, while owning and possessing both Ka and Kha schedule land, ......Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Elahi Mondal……………………Petitioner Vs. Juran Mondal and others……........Respondents Judgment July 30, 2008. Lawyers......it No.265 of 1976 and though the defendant claimed that Title Suit No. 295 of 1996 challenging the decree passed in Title Suit No. 265 of 1976 but yet did not get any relief therein and further the evidence on record also show that the plaintiff was given possession in Kha schedule land but ..Category: Property Law | Date: | Hits: 25
Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)
....dgment M. M. Ruhul Amin J.- By these petitions the petitioners seek review of this Court's judgment dated 27.04.2006 passed in Civil Appeal Nos.56-86 of 2005 dismissing the appeals. 2. Short facts are that the writ petitioners were appointed in various posts of the Trading Corporation of Ba......A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner (In all the cases). Not represented- the Respondent (In all the cases). Civil Review Petition Nos.19-48 of 2007. (From the judgment and order dated 27.04.2006 passed by the Appellate Division in Civil Appeal Nos.56-86 of 2005.) J......e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ..Category: Employment/Service Law | Date: | Hits: 73
Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)
....rsing the judgment and order dated 28.02.2000 passed by the learned Assistant Judge, Boalkhali, Patiya, Chittagong in Miscellaneous Case No. 12 of 1997, allowing the pre-emption case. 2. The facts, in short, are that the case holding under R.S. Khatian No. 2185 in R.S. Plot No.12753, measu......vil) Present: M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Mohammad Akbar Chowdhury….............Petitioner Vs. Khalilur Rahman and others ................Respondents Judgment January 29, 2009. Lawyers Invo......le and affirmed the judgment of the appellate court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 130. ..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... Court, Khulna in Title Appeal No.172 of 1988 reversing those dated 06.07.1988 of the learned Assistant Judge, Paikgachha, Khulna in Title Suit No.43 of 1984 dismissing the suit. 2. The facts leading to the case, are that the plaintiff instituted Title Suit No.43 of 1984 in the Court ...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Jitendra Nath Bachar being dead his heirs; 1(a) Bancharam Bachar and another...... Plaintiff-petitioners. Vs. Badhakanta Sardar being dead his he......ndivided plot of land is not maintainable without a prayer for partition; that the plaintiff is found to be out of possession; that the trial Court's finding on possession is supported by the evidence on record; the plaintiff Nos.3 and 4 has failed to show that they have any interest in the..Category: Property Law | Date: | Hits: 22
Ahmed Safa Vs. Amin Sharif and others, 2007, 36 CLC (AD)
....by the learned Additional District Judge, 4th Court, Chittagong affirming those dated 10.08.1988 passed by the learned Assistant Judge, Banskhali, Chittagong allowing the pre-emption. 2. The facts, in short, are that the respondent Nos.1-4 as pre-emptors filed an application under Sec......ion (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J Ahmed Safa……………….... Petitioner Vs. Amin Sharif and others……............Respondents Judgment December 5, 2007. L......be an issue and does not deserve to be decided here. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 125. ..Category: Property Law | Date: | Hits: 28
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
....rected against the judgment and order dated 29.05.2008 passed by this Division in Civil Petition for Leave to Appeal No. 1642 of 2007 dismissing the petition for leave to appeal. 2. The facts, in short, are that the predecessor of respondent Nos.1-3 Md. Moslemuddin instituted a s......ision (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Tazimuddin and others……………Petitioners Vs. Md. Mafizul Islam a......ge which was heard and disposed of by the learned Subordinate Judge, 3rd Court, Rangpur and the learned Subordinate Judge on consideration of the pleadings of the parties and evidence on record allowed the appeal and set aside the decree of the trial court by judgment and d..Category: Property Law | Date: | Hits: 28
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
....l No. 155 of 1988 allowing the appeal reversing the judgment and decree dated 30.05.1988 passed by the learned Assistant Judge, Phultala, District-Khulna in Title Suit No.21 of 1985. 2. The facts, in short, are that the respondent Nos.1 and 2 as plaintiffs filed title suit on 30.05.1...... This Case is also Reported in: VI ADC (2009) 110. ...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ..Category: Property Law | Date: | Hits: 26
Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
.... the government to investigate the connection of some judicial officers with a banned religious organization namely ÔRvgvÕAvZzj gyRvwn`xb evsjv‡`k (†RGgwe). 2. The facts, in short, are that the petitioner is a Journalist, peace activists in Bangladesh and the Edi......t: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Salah Uddin Shoaib Choudhury….................Petitioner Vs. Government of Bangladesh and others….....Respondents Judgment July 1, 2008. Lawyers involved: ......n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ..Category: Criminal Law | Date: | Hits: 43
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....ppeal is directed against the judgment and order dated 01.11.2004 passed by the High Court Division in Writ Petition No.410 of 1999 allowing the petition and making the Rule absolute. 2. The facts, in short, are that the respondent No.1 is a statutory body having it's office at 98, Kazi Na...... Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Rajdhani Unnayan Kartripakkha (RAJUK)….....Petitioner Vs. Dhaka Water Supply and Sewerage Authority and other……Respondents Judgment November 29, 200......o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ..Category: Property Law | Date: | Hits: 28
Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)
.... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......J M. M. Ruhul Amin J Md. Tafazzul Islam J Abdul Samad Khan………………………......Appellant Vs. Sree Dulal Chandra Ghose and Another……........Respondents Judgment March 14, 2005. ...... the submission that the trial court found that although it is difficult to determine whether the original defendant received the summons of the original suit or not but it has been established by evidence on record that the defendant-respondent received summons of Title Execution Case No.30 of..Category: Civil Law | Date: | Hits: 71
Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)
....rit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 75; 26 BLD (AD) 2006, 63. ......vil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Abdul Khaleque…………......Appellant Vs. Abdul Noor and others………Respondents Judgment July 26, 2005. Lawyers I......n rejecting the prayer of the co-petitioners. The pre-emptee as well as the co-petitioners filed appeals being Nos.81 of 1977and 68 of 1977 respectively. The appellate Court on consideration of the evidence on record arrived at the finding that the land sought to be pre-empted is not within the ..Category: Property Law | Date: | Hits: 30
Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....on 151 of the Code of Civil Procedure for recalling the order dated 15.07.1997 dismissing the Miscellaneous Case No. 13 of 1996 under Order 41, Rule 19 of the Code of Civil Procedure. 2. The facts, in short, are that the predecessor of the present petitioner, as plaintiff instituted Title ......Ruhul Amin J Md. Tafazzul Islam Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Abdul Haris Akan being dead his heirs:-1 (Ka) Amena Begum alias Amena and others .........................Petitioners Vs. Upazila/Thana Nirbahi Officer, Sre......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ..Category: Civil Law | Date: | Hits: 85
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
.... burden is on the person who challenge the correctness of the recital in the registered deed to establish that the said recital is not correct, that the fact recited in the registered deed are the facts stated in the affidavit affirmed by Sahera Khatun in confirmation of the oral gift in favour ......lso Reported in: 17 BLT (AD) (2009) 65. ......ured to grab the property, that as the property vested in the Government on 28.2.1972, transfer as claimed to have been made by Anwari Khatun to the Respondent No.1 was not valid, that there is no evidence that Anwari Khatun was the daughter of Sahera Khatun and that their whereabouts are not kn..Category: Property Law | Date: | Hits: 29
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