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S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
...., but the same was dismissed by judgment dated 15.2.2007 since the same became infructuous. 4. Respondent Nos. 4 and 5 opposed the rule by filing affidavit-in-opposition denying the material facts asserting that the five member Ad-hoc committee was not legally constituted and as such the ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J S. M. Delwar Hossain and others........Appellants Vs. Government of the People's Republic of Bangladesh, r......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..Category: Civil Law | Date: | Hits: 126
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....eave to appeal is directed against the judgment and order dated 1st June, 2008 passed by the High Court Division in Civil Order No. 2080 of 2008 summarily rejecting the application. 2. Short facts are that the opposite party of this application as plaintiff instituted Family Suit No. 185 o......n, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No.1357 of 2008. (From the Judgment and Order dated 1st June, 2008 passed by the High Court Division in Civil Order No.2080 of 2008.) ....... 6. The High Court Division on consideration of the materials on record held as under: "Save and except that submission made by the learned Advocate there is no other evidence to show that the payment of dower was made by the defendant. The Family Court below discu..Category: Family Law | Date: | Hits: 188
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ...... Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Feni and anr………………………Petitioners Vs......discharged the Rule on the finding that the plaintiff has title in the land in suit and that the finding of the trial Court as to possession of the plaintiff in the land in suit is not based on any evidence since papers filed at the time of hearing of the injunction petition from the side of the ..Category: Property Law | Date: | Hits: 25
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
.... 7,2007 of a Division Bench of the High Court Division in Writ Petition Nos. 955 of 2005, 3186 of 2004, 2183 of 2004, 3362 of 2004 and 4339 of 2004 making the Rules absolute. 2. As the facts of the writ petitions were more or less same and the question of law involved in the writ pe......rt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Chairman, Bangladesh Freedom Fighters Welfare Trust and others......Petitioners Vs. Mominul Haque Bhuiyan and others....................R......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....isdiction and obtained Rule. 14. The petitioners of the revisional application contending before the High Court Division that the lower appellate Court on erroneous assessment of facts and erroneous view of the law set aside the judgment and decree of the trial ...... Appellate Division (Civil) Present: Md Ruhul Amin CJ MM Ruhul Amin J Md Abdul Matin J Daliluddin Sheikh and others.........................Petitioners Vs Alek Sheikh alias Abdul Malek Sheik......e of law. 9.The Appellate Court took up the second point for consideration first and upon consideration of the materials brought on record by the parties as well as upon considering the evidence, both oral and documentary, arrived at the finding "So thus as per admiss..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....absolute and thus decreeing the suit by setting aside the judgment and decree passed by the appellate Court below and affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant J......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not Represented—Respondent Nos. 2-8. Civil Appeal No.150 of 2004. (From the judgment and order dated 5-5-2003 passed by the High Court Division in Civil Revision No. 2305 of 1997). ......led to make a further prayer for setting aside the said order dated 16-6-1969 by which the Board of Revenue set aside the auction-sale and that the plaintiff-respondent No.1 had failed to prove by evidence that he got possession of the said land through court by proving and exhibiting the writ o..Category: Property Law | Date: | Hits: 42
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ondent in order to perpetuate the offence suppressed the fact of shortage of one parcel in the daily report sent by him to the authority and that the High Court Division without considering the above facts and circumstances passed the impugned judgment of acquittal. 12. Placing the impugned judgm......-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 45 of 2009. (From the judgment and order dated 17-11-2000 passed by the High Court Division in Criminal Appeal No.1495 of 1994. ......ppeal and acquitted the accused respondent as already mentioned above. 8. Leave was granted to consider the submissions made on behalf of the appellant that the High Court Division did not discuss evidence produced by the prosecution though sixteen witnesses were examined and that the High Court ..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
.... abandoned property the onus lies upon the claimant to rebut the presumption that the same was not an abandoned property and that in such a case the government has no obligation either to deny the facts alleged by the claimant or to disclose the basis of treating the property as abandoned proper...... Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High Court Division in Writ Petition No. 848(B) of 2002). ...... High Court Division made the Rule absolute holding that in terms of the principle laid down in 1997 BLD(AD) 118, once a building is included in either list of abandoned buildings it is conclusive evidence that the building in question is an abandoned property which means that the original owner..Category: Property Law | Date: | Hits: 29
Anti-Corruption CommiÂssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....peals reached by my brother Md. Joynul Abedin, J. But my approach to the point of law involved in the appeals is somewhat different from that of my brother Md. Joynul Abedin J. In the totality of the facts of the case I am of the view the writ petitioner was neither in abscondence nor a fugitive whi......te Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption CommiÂssion and others……………Appellants Vs. Mahmud Hossain and others………………………â......gh Court Division that if a prisoner deÂcamps and thereby forfeits the right of audiÂence, the sentence of death may be confirmed in his absence. On merits Mr Manzur Qadir took us through the evidence on the record, but failed to make out a case for interference with the conÂviction and se..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....ounting of ballot papers. The respondent No.1 of the election petition seriously contested the plea of recounting of ballot papers 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by judgment and order dated 24.07.2005 allowed the prayer for re......ivision (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Khalilur Rahman………………………………..Petitioner Vs. Md. Alam Bepari and Others……………………..Respondents Judgment May 20, 2008. Lawyers Involved: ......oper foundation for recounting of ballot papers. The respondent No.1 of the election petition seriously contested the plea of recounting of ballot papers 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by judgment and order dated 24.07.2005 al..Category: Election Law | Date: | Hits: 159
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
....hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Karim Dad Sikder and another..................Petitioners Vs. The State………&helli......e on the date, time, place and in the manner as alleged but they have been falsely implicated in the case out of enmity and grudge. 8. Thereafter, the learned trial Court on the basis of the evidence on record convicted the present petitioners under Sections 302/34 of the Penal Code and se..Category: Criminal Law | Date: | Hits: 22
Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)
....ave to appeal is directed against the judgment and order dated 11.05.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 366 of 1999 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 39 of 1996 in the Court of Assistant J...... Asmat Ali..........................Petitioner Vs. Alam Miah & others ..........Respondents Judgment November 5, 2006. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petition......ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ..Category: Property Law | Date: | Hits: 24
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
..... 2 is not an action itself and the petitioner passed the order of his transfer within its jurisdicÂtion. Mr. Sobhan argued that the learned Judges of the High Court Division having misconceived the facts and circumstances of the case passed the impugned judgment illegally which resulted in an erro...... Syed JR Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Agriculture Development Corporation. .............. Petitioner Vs. Zinnatul Hossain and others...........................................Respondents Judgment August 8, 2006. ......round of above discusÂsion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ..Category: Employment/Service Law | Date: | Hits: 87
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....been proved. As it appears in view of the above the High Court Division discharged the Rule holding that in revisional jurisdiction the Court is not competent to interfere with the finding of facts arrived at by the lower appellate court, the final court of facts, and so in view of the abov......Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Sonawar Ali being dead his heirs; Md. Mobaswir Ali Chowdhury and others. ...... Petitioners Vs. Md. Nonahar Ali alias Monawar Ali being dead his ......g of facts arrived at by the lower appellate court, the final court of facts, and so in view of the above concurrent findings of the courts below, which are based on materials on record and on evidence and also in the absence of error of law or procedure affecting merit of the case, can not..Category: Property Law | Date: | Hits: 23
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....nt has ample power to transfer the line from P.D.B to the Board and the question as to whether or not lines have been transferred for municipal areas to other places being the disputed question of facts cannot be decided in writ jurisdiction and that in the case of Faizuddin Ahmed vs. the Secret...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Zakir Hossain and others ................Petitioners Vs. Secretary, Ministry of Power, Energy and ......irmity 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: V ADC (2008) 858. ..Category: Civil Law | Date: | Hits: 119
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....s Appeal No. 77 of 1998 and restoring the judgment and decree dated 29.03.1998 passed by the learned Senior Assistant Judge, Mithapukur, Rangpur in Other Class Appeal No. 20 of 1989. 2. The facts, in short, are that Badia Sheikh is the original owner of the schedule land measuring 2.27 de......2008) 854. ......ion and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that the High Court Division found that the appellate court did not consider the evidence on record while setting aside the judgment of the trial court and further held that the p..Category: Property Law | Date: | Hits: 28
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ...... Md. Tafazzul Islam J Md. Maniruddin …………………... Petitioner Vs. Md. Totab Ali @ Kutub Ali being dead his heirs: Mazeda Khatun and others ......Respondents Judgment August 22, 2006. Lawyers Involved: ......ransfer was said to have been made P.W. 1 was present. No explanation was offered as to why the pre-emptor did not depose in the case. It is also seen from the materials on record that no reliable evidence was placed on record to substantiate the contention of the pre-emptor that he had no knowl..Category: Property Law | Date: | Hits: 19
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and othÂers, 2005, 34 CLC (AD)
....the Dhaka Gazette at page 126 from our Library and in that state of the matter there is no reason to say that the fact of acquisition was not conclusively established. The contention that the facts i.e. records of right in respect of the land claimed by the writ-petitioners stand in their n......J Md. Tafazzul Islam J Chairman, T& T Board, Telejogaon Bhavan, 37/5, Eskaton Garden, Ramna, Dhaka. .........Appellant (In all the appeals) Vs. Md. Rafiqur Gaznavi and others…………….Respondent (In Civil Appeal No. 85 of 2000)......ted February 14, 1950 under section 5(7) of the (Emergency) Requisition of Property Act, 1948 was published in the Dhaka Gazette at page 126 on February 23, 1950 and the said fact of acquisition is evidenced by the Gazette Notification No. 7068 dated August 15, 1951 making correction as regard t..Category: Property Law | Date: | Hits: 56
Mongal Sarder Vs. Md. Azahar Ali , 2006, 35 CLC (AD)
....not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 822. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mongal Sarder being dead his heirs: Adbur Razzaque Sarder and others ............... Petitioners Vs. Md. Azahar Ali Pk. being dead his heirs: M......m plaintiffs purchased the land in suit deposed as P. W. 1 and has stated that he had neither read the plaint nor he 'signed the plaint, that Abdul Majid is claiming .70 acre of land, that from the evidence of P.W. 1 it is seen that at the time of pattan he was a boy of 6 years "and as such..Category: Property Law | Date: | Hits: 25
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
.... we find substance in the submission of the learned Advocate-on-Record. Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. ...... Supreme Court Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Rafique Fakir and others .........Appellants (In Criminal Appeal No. 32 of 2000) Alhaj-Mollah Faroz......ion 471, section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Co..Category: Criminal Law | Date: | Hits: 45
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