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State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......d accuseds Firoj Ahmed, Zia Oman, Nayoz Sharif and Dalim in doing Hundi of Tk. 3,00,000/- accused Babu in doing Hundi of Tk. 2,60,000/- and accused Zahirul Islam in doing Hundi of Tk. 60,000/- and accordingly they seized Tk. 6,20,000/- in all from the P.O. Office and arrested the accused who all......………..Petitioner Vs. Md. Firoj Ahmed ............Respondent Judgment September 30, 2007. Lawyers Involved: Abu Bakker Siddique, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman Advocate-on-Record-For the Petitioner. ......any foreign country by way of Hundi. 7. The High Court Division further found that the FIR and the charge sheet do not disclose any offence either under Special Powers Act or any other law of the country and the materials seized in this case do not attract the provisions of Sect..Category: Criminal Law | Date: | Hits: 37
Misir Ali and another Vs. State, 2007, 36 CLC (AD)
....shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ...... Judgment November 15, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.129 of 2006 (From the judgment and order dated 19.11.2003 passed by the High C......at the altercation of the conviction from Section 156(8) read with Section 25B to one under Section 25B (2) of the Special Powers Act, 1974 has been done on correct interpretation of the facts and law of the case. 10. We do not find any illegality in the judgment of the High Court Di..Category: Criminal Law | Date: | Hits: 36
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
.... of eye witness of the occurrence without at all discussing the same and in coming to its decision totally misread the post-mortem examination report which caused miscarriage of justice. The learned Deputy Attorney General submits that the trial court thoroughly consider......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......- Bangladesh Vs. Giasuddin and others, 51 DLR (AD) 103; Krishna Mochi and others Vs. State of Bihar, AIR 2002 Supreme Court 1965. Lawyers Involved: Mohammad Ali Akand, Deputy Attorney General instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Not......tted the respondents. 3. The learned Deputy Attorney General appearing on behalf of the State submits that the High Court Division without discussing the evidence on record as required under law in a very slip shod manner set aside the order of conviction and sentence on certain untenable ..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ...... Judgment November 4, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- For Respondents. Civil Petition for Leave to Appeal No. 800 of 2005. (From the judgment and order dated 21.6.2005 passed by the High ......the Constitution as it requires adjudication on facts on evidence. 5. Accordingly we are of the view that the High Court Division on proper consideration of materials on record and the law involved discharged the Rule and accordingly the above decision of the High Court Division..Category: Property Law | Date: | Hits: 21
M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)
....r of Waqf Administrator for handing over the charge to the Mutwalli to the petitioner and hence the impugned judgment and order of the High Court Division is liable to be set aside for the ends of justice. The learned Advocate further submitted that the High Court Division ought to have consider......ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ...... Mahmuda Begum, Advocate-on-Record-For the Petitioner. Abdul Momen Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 550 of 2006. (From the judgment and order dated 30th August, 2006 passed by t...... the petitioner. 4. Abdul Momen Chowdhury, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division is wrong, improper, bad in law and without considering the real facts and circumstances made the Rule absolute. The lear..Category: Trust/Waqf Law | Date: | Hits: 210
Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 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: VI ADC (2009) 246. ...... was decided by the Appellate Division in the case reported 5 BLC (AD) 150 that the requirement of population is also a question of fact which could not be disturbed by the High Court Division and accordingly discharged the Rules as not maintainable. 6. In view of the above, we find no s......ubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 693 of 2006. (From the judgment and order dated the 19th April, 2006 passed b...... the same footing and continued as a same political unit but by the impugned order a discrimination has been made and thus the impugned order is liable to be declared to have been made without any lawful authority and is of no legal effect; that the impugned notification was issued with a m..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ...... Judgment November 5, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-an-Record- For the Petitioners. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1150 of 2005. (From the judgment and order dated 26.06.2005 passed by the Hig......lute observed the appellate court sent the suit back on remand for fresh hearing although the suit was 29 years old and the ground on which the suit was sent on remand was not tenable in the eye of law. The High Court Division further held that the appellate court did not at all apply its j..Category: Property Law | Date: | Hits: 34
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
.... Division came to a wrong finding as to title and possession of the suit land in favour of the plaintiffs which is not supported by the evidence and materials on record occasioning failure of justice. 9. Farid Ahmed on the other hand supports the impugned judgment passed by the ......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......it No. 341 of 1982 in the Court of Munsif, Shariatpur for declaration of title and confirmation of possession in the suit land. The case of the plaintiffs is that the suit land originally belonged to one Kurban Ali Matbar and in successive devolution, the suit land devolved upon Serajuddin Matba......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ..Category: Property Law | Date: | Hits: 25
Azaharuddin Ahmed Vs. T. N. T. others Board and Others, 2007, 36 CLC (AD)
....lear and effective interpretation of the unusual misinterpretation and mis-implementation of sub-section (3)(Ga) of Section 3 of the said Act which is much required to be cleared up for the ends of justice, otherwise, the petitioner as well as the public at large shall be highly prejudiced a...... substances in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 236. ......een J Azaharuddin Ahmed ...........................Petitioner Vs. T. N. T. others Board and Others……………..Respondents Judgment October 2, 2007. Lawyers Involved: A. B. M. Bayezid, Advocate, instructed by Syed Mahbu......they are merely acting as the collecting agent of the Government. 4. A. B.M. Bayezid, learned Advocate, appearing for the petitioner has submitted that the High Court Division erred in law in not considering that Sub-section (3)(Ga) of Section 3 of the VAT Act 1991, provided that the..Category: Fiscal/Taxation Law | Date: | Hits: 91
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....would be lawful and equitable to send this suit back for retrial setting aside the decision and giving the parties an opportunity to produce those evidences before the trial Court to ensue complete justice. It is further found by the Additional District Judge that the plaintiff at one stage ......t at all good and that Haridas gifted all his properties to him by the registered deed No. 3028 dated 02.03.1987; that the plaintiff has filed the suit by making false statements and the defendant accordingly prayed for dismissal of the suit. 4. The learned Assistant Judge, dismissed......d, collusive, illegal, fraudulent, forged and not binding upon the plaintiff and the plaintiffs case, in short, is that the lands mentioned in the ‘Kha’ schedule in the plaint belonged to Horidash Sarker, and that he lived in the 'Kha' schedule land along with his wife and 2 sons. Th...... that the very important and primary evidence as regard limitation, plaintiffs knowledge and bonafide of the signature of Haridas (father) on the disputed gift were not available and that would be lawful and equitable to send this suit back for retrial setting aside the decision and giving the p..Category: Property Law | Date: | Hits: 24
Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......o.1 who is son of Hasan Ali through his first wife, finding himself in difficulty in living with his step brothers and sisters obtained permission from Firoj Ali to live with him as a licensee and accordingly defendant No.1 by erecting a hut has been residing in Plot No.2 of the suit land as a l......sp; Civil Petition for Leave to Appeal No. 812 of 2005. (From the judgment and order dated 05.03.2005 passed by the High......z Ali and Hasan Ali were owners of the suit land. Hasan Ali transferred his share in favour of his brother Firoz Ali by a registered kabala dated 8th Sraban, 1330 B.S. and shifted to his father-in-law's house at Shafarpur and died there leaving behind two sons as heirs through his two wives. The..Category: Property Law | Date: | Hits: 23
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ...... their placement under the BCIC still maintain their corporate character and the writ petitioners are to be treated as the employees of the said Companies or the BCIC. The High Court Division accordingly held that the Companies will retain their corporate status and the affairs of the ...... Matin J Md. Ashrafuzzaman & others…............Petitioners Vs. Bangladesh Chemical Industries Corporation & others…...Respondents Judgment October 2, 2007. Lawyers Involved: Md. Zahirul Islam, Advocate-on-Record-For the Petiti......n compulsory for the petitioners to accept. 4. BCIC entered appearance in all these 6 writ petitions and filed affidavits-in-opposition stating that the writ petitioners are not entitled in law to exercise their option either to accept or leave the impugned orders of promotion and that th..Category: Employment/Service Law | Date: | Hits: 76
Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)
....ecord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 217. ......bas Ali Miah. The plaintiff created a forged deed of exchange in order to grab the property although he was never in possession thereof. However, there was a local salish over the matter and accordingly the plaintiff executed and registered the sale deed in question in favour of the defend......ue, Advocate instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 182 of 2006. (From the judgment and order dated 13.12.2005 passed by the High......ration, void and not acted upon. 3. The defendant contested the suit by filing a written statement contending, inter alia, that the original owner of the property was the father-in-law of defendant No.1 and father of defendant No. 2. After the death of Abbas Ali Miah the father o..Category: Property Law | Date: | Hits: 20
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
.... 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) 212. ......ry of khas possession contending, inter alia, that the suit land situated in the Alahari Mouza under Trishal Thana of District Mymensingh belonged to Ex-Zamindar Binayak Das Acharjaya Chowdhury and accordingly the same was correctly recorded in their name in 321 settlement Khatian. Binayak Das Ac......ed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Firoz Shah, Advocate-on-Record-For Respondent Nos.1, 3-8. Not represented-For Respondent Nos. 2, 9-12. Civil Petition for Leave to Appeal No.1094 of 2006. (From the judgment and order dated 24.04.2006 passed by the High Court...... 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) 212. ..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....orrect 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) 209, 16 MLR (AD) (2011) 413. ......ssioner to solve the matter, consequently, the Ward Commissioner gave an award on 25.1.2002 and as per the award both the parties got their respective share in various dags and have been possessing accordingly and that Fatema Khatun never possessed any land but the land inherited by her was posses......by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioners. A.K.M. Nazrul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1423 of 2007. (From the judgment and order dated 16.5.2007 passed by the High Court......er Khatian Nos. 37 and 40. Abdur Rahman died leaving two sons, Md. Hanif, the plaintiff-respondent and Mohammad Hossain, predecessor of the defendant-petitioners and a daughter, Fatema Khatun. As per law of inheritance, the plaintiff and the defendants became owner of 88 4/5 decimals of land equally..Category: Property Law | Date: | Hits: 26
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ......tation is entitled to pre-emption as prayed for and committed no illegality in allowing the pre-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ...... This Case is also Reported in: VI ADC (2009) 203. ......bsp; 2. Both the petitions being disposed of by the same judgment and common questions of law and fact arising therein, the two leave petitions are disposed of by this single judgment...Category: Property Law | Date: | Hits: 25
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
....n the submissions of the learned Advocate-on-Record for our interference. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 197. ...... of 1988 in the Court of the Assistant Judge, Hathazari, Chittagong for ejectment, arrears of rents and compensation. But thereafter, the plaint of the suit was returned to the filing Advocate and accordingly the same was filed before the S.C.C. Court and was numbered as S.C.C. Suit No.1 of 1993......ent September 16, 2007. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 792 of 2006. (From the judgment and order dated the 25 day of May, 2006 passe......the execution case on 08.04.2006 which was extended lastly on 08.05.2006 be recalled and vacated and directed the executing Court to proceed with the execution case in accordance with law. ..Category: Civil Law | Date: | Hits: 94
Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)
.... for the petitioners submits that the High Court Division due to misconception of law as well as facts passed the impugned judgment and order which is liable to be set aside in the interest of justice; that the plaintiff herein petitioners claimed the suit land as their ancestral proper......ssing the suit by the Subordinate Judge, Magura. 2. The plaint case is that the suit land originally belonged to Fazal Sheikh and others and District Settlement record was prepared accordingly. Fazal Sheikh died leaving behind Bhanu Nessa as wife, Gafur and plaintiff Afazudd......lved: A. K. M. Shafiqul Alam, Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. None represented-For Respondents. Civil Petition for Leave to Appeal No. 604 of 2006. (From the judgment and order dated 10.03.2004 passed by the High......llusive and the suit is liable to be dismissed with cost. 5. A.K.M Shafiqul Alam, learned Advocate appearing for the petitioners submits that the High Court Division due to misconception of law as well as facts passed the impugned judgment and order which is liable to be set aside in the ..Category: Property Law | Date: | Hits: 21
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ......Not Represented-Respondent Nos.1-14, 16-49 (In Civil Petition No.1204 of 2005). Not represented- Respondent Nos.1-8, 10-33 (In Civil Petition No.1205 of2005). Civil Petition for Leave to Appeal Nos. 1203-1205 of 2005. (From the judgment and order dated 04.04.2005 passed by t......arties were posted in different garden as tappers. The first parties served continuously for more than six months and as such, they became permanent tappers automatically by operation of law. The second parties were not treating the first parties as permanent and they were not giving t..Category: Labour and Industrial Law | Date: | Hits: 65
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 186. ......, Advocate-on- Record-For the Petitioners. S. R. Khoshnabish, Advocate-on-Record-For Respondent No. 5. None represented- For Respondent Nos. 1-4, 6-16. Civil Petition for Leave to Appeal No. 245 of 2006. (From the judgment and order dated the 28th November, 2005 passe......t the plaintiff had no title and possession in the suit land. 4. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to exercise the jurisdiction vested in him by Section 115(1) of the Code of Civil Pr..Category: Property Law | Date: | Hits: 23
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