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Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....gment was of a court which had no jurisdiction by try the case or that conviction and sentence is contrary to the law or in other words offends the provision of law. 6. The Courts of facts discussed the evidence on record and held the convict was guilty of the offence he was ch...... 43 DLR (AD) 234; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonal......ustody of the hut was not established and that prosecution did not prove its case beyond reasonable doubt against the convict. 4. The High Court Division on consideration of the evidence, both oral and documentary was of the view that prosecution case was proved beyon..Category: Criminal Law | Date: | Hits: 62
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....ourt and the appellate Court concurrently held that the plaintiff has right, title, interest and possession in the suit land. The High Court Division also concurred with the concurrent findings of facts arrived at by the Courts below. The learned Advocate for the petitioner could not point out a......ate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Petition for Leave to Appeal No. 210 of 2006. (From the judgment and order dated 07.12.2005 passed by the High Court Division in Civil Revision No.3090 of 2001.) ......y Court. Accordingly, the High Court Division refused to accept the same and in our view rightly. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 999. ..Category: Property Law | Date: | Hits: 22
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
....sp; 5. That by the impugned order it appears that attested 10 books printed and published by Ahmadia Jamaat in Bangladesh were forfeited for containing elements against the basic facts and beliefs of Muslims and religion of Islam. ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Mohammad Dabiruddin.................... Petitioner Vs. A.K. Rezaul Karim and others…….......Respondent Judgment July 23, 2007. Case Referr...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ..Category: Constitutional Law | Date: | Hits: 114
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....This petition for leave to appeal is directed against the judgment and order dated 07.02.2007 passed by the High Court Division in Writ Petition No.2343 of 2005 discharging the Rule. 2. The facts, in the background whereof writ petition filed, are that the respondent No.1 as the petitione......sent: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J S.M. Fazlul Haque Manik......Petitioner Vs. Md. Habibullah Baher and others............Respondents Judgment October 3, 2007. Case Referred To-......ade hereinabove we find no merit in this petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 66; 14 MLR (AD) (2009) 79. ..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
....ows: - "(e) affect any right, privilege, obligation or liability acquired, accrued of incurred under any enactment so repealed”. 18. In the background of the facts in the instant case in our view the provision of clause (c) of Section 6 or any other provis......n: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ..Category: Employment/Service Law | Date: | Hits: 82
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... of victim Muktadir, the question of awarding the benefit of doubt to the petitioner does not arise at all. 5. We are of the view that the High Court Division, after considering all material facts available in the record arrived at a correct decision and we find no reason to interfere with......May 4, 2008. Lawyers Involved: Helal Uddin Mollah, Advocate-For the Petitioner. Not represented- the Respondent. Jail Petition No. 10 of 2007 (From the judgment and order dated 20.5.2007 passed by the High Court Division in Jail Appeal ...... Nuruddin alias Nuron to imprison for life. 3. We have heard Helal Uddin Mollah, the learned counsel for the petitioner and perused the judgment and order of the High Court Division and the evidence and other materials on record. 4. As it appears the High Court Division dismissed t..Category: Criminal Law | Date: | Hits: 39
State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)
.... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......neral, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Criminal Appeal No.18 of 2001 (From the Judgment and order dated 03.12.1995 passed by the High Court Division in Criminal Appeal No. 1056 of 1990) ......the appellant and perused the judgment of the High Court Division and other connected papers. 8. It transpires from the record that the High Court Division on careful sifting and evaluation of the evidence and materials on record reached a final conclusion of fact that respondent No. 2 Jasimuddin..Category: Criminal Law | Date: | Hits: 38
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......urt Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Rafique Hawlader @ Rafique Contractor and others…......Petitioners Vs The State............................Responden...... fixed for framing of charge after going on bail and prayed for discharging them on the grounds that there is no materials on record for framing of charge against them but police without any legal evidence submitted charge sheet against them along with others and prayed for their discharge. The ..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ...... Fazlul Karim J Md.Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Misbah Abedin..........Petitioner Vs. Muzmmil Ali and others…...... Respondents Judgment November15, 2007. Lawyers Inv......plaintiff sold the same land to Siddique Ali which the plaintiff and Haji Abdur Raquib purchased by exihibit-3. The learned Counsel further submitted that none of the Courts considered that no evidence was led to show that there was any fraudulent insertion of plot number in exhibit-'Ka' by..Category: Property Law | Date: | Hits: 29
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....bsp; 2. The facts, in short, are that the respondent appellant, Bombay Sweets and Company Limited is a manufact......, a Private Limited Company, 5, WAPDA Building, Motijheel Commercial Area, Police Station-Motijheel, District-Dhaka……………Petitioner Vs. Bombay Sweets and Company Limited, a Private Limited Company, 160, Motijheel Commercial Area, Police Station-Mot......iberty Foods Company Limited filed notice of opposition against registration of the appellants trade mark giving rise to Opposition Case No. 1642 of 2000. The opposite party No. 2 did not file any evidence in support of its opposition and the Opposition Case No.1642 of 2000 was treated as abando..Category: Intellectual Property Law | Date: | Hits: 306
M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....le judgment and order dated 23.10.2005 passed by the High Court Division discharging the Writ Petition Nos. 298 of 1999, 4113 of 1998 and 4165 of 1998 heard analogously. 2. The relevant facts in all these three leave petitions are that the respective petitioners imported Grey Portlan.........................Petitioner (In Civil Petition No. 48 of 06) Ahasan Habib ............................Petitioner (In Civil Petition No.49 of 06) Vs. Government of Bangladesh and others.....Respondents (In all the Civil Petitions) Judgment August 2, 2007. ......no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ..Category: Fiscal/Taxation Law | Date: | Hits: 68
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
....ition for leave to appeal is directed against the judgment and order dated 23.08.2005 passed by the High Court Division in Writ Petition No. 4503 of 2003 discharging the Rule. 2. Short facts are that the disputed land, Plot No. 39, Block-A of Firoz Shah Housing Estate Chittagong was ......t: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Mohammad Hossain ....................Petitioner Vs. Secretary, Ministry of Housing, Housing and Settlement Division, Bangladesh Secretariat, Dhaka & others ...................Respondents ......ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ..Category: Property Law | Date: | Hits: 21
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
....als on record and as such there is no question of failure if justice. 7. We have heard the learned Counsel of both sides and considered their submissions. On perusal of the records and facts and circumstances of the case, we are of the view that the learned Single Judge of the High C......, Advocate-on-Record-For the Appellant. Aynuddin, Advocate, instructed by Ataur Rahman, Advocate-on-Record-For the Respondent. Civil Appeal No. 27 of 2001. (From the judgment and order dated 22nd July, 1999 passed by the High Court Division in Civil Revision No.1637 ......or the appellant, after placing all the relevant papers, contended that while decreeing the suit for ejectment on the ground of bonafide requirement, the learned S.C.C. Judge having considered oral evidence of Pw.1 and the plan approved by the Municipality (Exhibit-2), the High Court Division co..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... 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: V ADC (2008) 952. ...... Present: Md. Joynul Abedin J Md. Abdul Matin J Fazor Ali being dead his heirs: 1. Mst. Jahura Khatun & others ….......Petitioners Vs. Md. Marfat Ali and others ……………………….......Responden...... Single Judge of the High Court Division committed a grave error of law occasioning failure of justice in not finding that the court of appeal below upon misconception of law and misreading of the evidence illegally allowed the appeal and reversed the judgment and decree of the trial Court witho..Category: Property Law | Date: | Hits: 24
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Sree Santash Kumar Sarker and another………………...... Petitioners Vs. ......soletium. The plaintiffs have got no title and possession and therefore the suit is liable to be dismissed with costs. 4. The trial Court upon examining both oral and documentary evidence on record decreed the suit against which, the defendant-petitioners preferred an appeal be..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......44. ......elief. 7. In course of trial, the plaintiff and the defendants have adduced witnesses in support of their respective claim. The learned trial judge upon careful consideration of all the evidence both oral and documentary and other materials on record passed the judgment and decree da..Category: Property Law | Date: | Hits: 23
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....provision of the Customs Act and any rule framed thereunder as if it is a duty under the Customs Act. 5. The High Court Division observed that Customs Authority taking a correct view of law and facts rightly realized the Customs duty at the enhanced rate i.e. at the rate of 37.5% on the streng......Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Alam, Proprietor of M/S. Alam & Co. (Pvt.) Ltd.........Petitioner Vs The Commissioner of Customs and others …………….....Respondents Judgment November 14, 2007. Result: The peti......e above, we find no substances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....dhury, J and Md. Joynul Abedin, J. In view of the judgment and decree of the Trial Court decreeing the suit on merit and those of the Court of Appeal below allowing the same without considering the facts and circumstances of the case and rejecting the application for amendment and an application......d JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Proc...... The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is necessary for determining the real question of controversy betwe..Category: Procedural Law | Date: | Hits: 173
.... This petition for leave to appeal has arisen out of the judgment and order dated 17.5.2007 of the High Court Division passed in Civil Revision No.720 of 2007 vacating the order of stay.
2. Brief facts are that the plaintiff/petitioner, who is the Managing Director of Jalkuti Textile Dying and p......Amin CJ
MM Ruhul Amin J
Md. Tafazzul Islam J
Md. Abdul Matin J
Md. Shahabuddin...............Petitioner
Vs.
Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd. and others .............. Respondents
Judgment
October 30, 2007.
Result:
The petition ......illegality 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: 14 MLR (AD) (2009) 40.
..
Category: Civil Law | Date: | Hits: 120
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... and possession by earlier purchase and thus there is an error apparent on the face of the record. 9. On perusal of the judgment of this Court it appears that this Court considered the facts and circumstances of the case and the submissions made by the learned Counsel and finding no ......Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Shamima Akhtar.........................Petitioner Vs. Md. Tofazzal Hussain and others ...........Respondents Judgment January 31, 2007. Lawyers Involve......d that the defendant No.1 has been residing in the suit land and the plaintiffs having no right, title and possession the suit was liable to be dismissed. 5. The trial court after recording evidence of six witnesses of the plaintiff and four witnesses from the defendant and considering th..Category: Property Law | Date: | Hits: 26
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