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Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
....der dated 29.02.2004 passed by the Joint District Judge, Additional Court in Title Suit No. 217 of 2003 rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts of the case, in short, are that the respondent No. 1 as plaintiff having filed Title Suit No....... Vs. Mozaharul Islam Chowdhury………………………..Respondent Judgment February 4, 2008. Lawyers Involved: Harandra Nath Nandi, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petition...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..Category: Civil Law | Date: | Hits: 100
Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....transfer and accordingly, the relief, if any, of the petitioner lies within the jurisdiction of the Administrative Tribunal and not before the High Court Division in writ jurisdiction and that the facts of the case of Bangladesh represented by the Secretary, Ministry of Establishment vs. Shafiud...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Premesh Chandra Das…………….....Petitioner Vs. Government of Ban......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: 16 BLT (AD) (2008) 222. ..Category: Employment/Service Law | Date: | Hits: 73
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....ion in the manner as alleged but has been falsely implicated in this case out of enmity and grudge. 8. Thereafter, the learned Tribunal in consideration of the evidence on record as well as facts and circumstances of the case, however, found the accused petitioner guilty for the offence c......ed by Syed Mahbubur Rahman, Advocate-on-Record-For the Appellant. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 475 of 2006. (From the judgment and order dated 20-07-2006 passed by the High Court Division in Criminal Appeal No. 1678 of 2004).......ed from his control and possession in the manner as alleged but has been falsely implicated in this case out of enmity and grudge. 8. Thereafter, the learned Tribunal in consideration of the evidence on record as well as facts and circumstances of the case, however, found the accused peti..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....he time of alleged pattan or that the same i.e. pattan had actually taken place. The dakhilas Ext. 1 series filed by the plaintiffs also do not create much confidence. Regard being had to the above facts and circumstances, I am constrained to hold that the story of pattan is a mere myth and the ......ision (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh ……….....Appellant Vs. Ershad Ali Moral and others …………....Respondents Judgment January 11, 2005. ......t. It was also the case of the contesting defendant that the plaintiffs by creating forged and ante-dated documents want to grab the land in suit. 4. The trial Court on consideration of the evidence brought on record by the parties decreed the suit on the finding that though the plaintiff..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
....ected the writ-petitioner to remove within 10 days the structures in the land owned and possessed by her from the date of receipt of the notice otherwise she will be evicted. In the background of the facts as stated hereinabove the writ-petitioner filed the aforementioned writ-petition. 3. The R......lso Reported in: 16 BLT (AD) (2008) 190. ...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......Criminal) Present: Md. Ruhul Amin J Mohammed Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Afzal Hossain Biswas and others…………................Petitioners Vs. Mst. Khode......sed were members of the peace committee of the local area constituted in 1971. Their activities were controversial. They used to kill people in the peace camp. But during the course of inquiry such evidence was available. Reference was also made to the order of acquittal of the accused petitioner..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....as Babu seeks leave to appeal against the judgment and order dated 16.06.2003 in Writ Petition No. 2067 of 2002 by the Division Bench of the High Court Division discharging the rule. 2. The facts revealed in the leave petition, in short, are that Sub-inspector Nasir Ahmed attached to Mirp......r Husain CJ Mohammed Fazlul Karim J Amirul Kabir Chowdhury J Mojibur Rahman alias Babu……………Petitioner Vs. Deputy Commissioner and Ors……………..Respondents Judgment August 31, 2005.......hat as it may, prosecution produced five witnesses while none was examined on behalf of the defence. Additional Sessions Judge, 2nd Court and Special Tribunal No.3, Kushtia in consideration of the evidence on record convicted the accused petitioner under Section 19A and 19(f) of the Arms Act rea..Category: Criminal Law | Date: | Hits: 24
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ...... Md. Ruhul Amin M. M. Ruhul Amin Abdur Rahman & Ors………………………Petitioners Vs. Most. Rahimannessa and Ors……………Respondents Judgment October 27, 2005. ....... 6. The learned Advocate-on-record took us through the materials on record but failed to point out that the finding as regard limitation is based on mis-reading or non-consideration of the evidence. The last Court of fact on due consideration of the evidence held that the Miscellaneous C..Category: Property Law | Date: | Hits: 21
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....dalat, Bagerhat, passed in Artha Rin Case No.14 of 2003 rejecting the application dated 14.8.2004 filed by the defendant petitioner under section 152 of the Code of Civil Procedure. 2. Brief facts for disposal of this leave petition are that the plaintiff respondent No.2 bank filed the abo......fazzul Islam J Md. Abdul Matin J Dr. S.M. Yunus Ali…………………………..Petitioner Vs. Joint District Judge and Artha Rin Adalat & another……………………&......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ..Category: Civil Law | Date: | Hits: 91
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......r. Zainul Abedin, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1422 of 2006 (From the Judgment and order dated 14.12.2005 passed by the High Court Division in Writ Petition No. 6093 of 2004). ......ithin 7 days why the notice of no-confidence shall not be accepted against him; he was also asked to be present in the Special Meeting of the Union Parishad to be held on 08.08.2004 along with the evidence for the purpose of investigation, the petitioner submitted his reply denying the allegatio..Category: Others | Date: | Hits: 91
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....eave to appeal is directed against the judgment and order dated 16.11.2005 passed by a Single Bench of the High Court Division in Civil Revision No.393 of 1993 discharging the Rule. 2. Short facts are that the pre-emptor filed Miscellaneous Case No.15 of 1987 under section 96 of the State ...... Mrs. Khursheed Jahan, Advocate-on-Record-For Respondent Nos. 1-4. Not represented-Respondent Nos. 5-55. Civil Petition for Leave to Appeal No.102 of 2006 (From the judgment and order dated 16.11.2005 passed by the High Court Division in Civil Revision No. 393 of 1993). ......t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ..Category: Property Law | Date: | Hits: 19
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
.... and decree passed in Title Suit No.45 of 1996 and Title Appeal No.131 of 1999 and therefore nothing was passed to the respondent No. 1 by those deeds and he fraudulently suppressed these material facts. 7. It appears that the plaintiff filed the suit praying for a decree for permanent in......structed by Firoj Shah, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.1092 of 2004. (From the judgment and order dated 27.04.2004 passed by a Single Bench of the High Court Division in Civil Revision N......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....shall be exercised by him in consultation with the Supreme Court. And the High Court Division has considered the said provision in the case as under: "We have considered the facts of both the cited cases which are not similar to the facts of the present case. However, i...... Mohammad Fazlul Karim J. - Government of Bangladesh represented by the Secretary, Ministry of Establishment and others are the appellants in this appeal by leave against the impugned judgment and order dated...... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ..Category: Employment/Service Law | Date: | Hits: 62
Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)
....out any information to the respondents. Hence the respondents were prejudiced. 4. We are not impressed by the submissions of Mrs. Sufia Khatun, the learned Advocate-on-Record. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct ...... Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not Represented- Respondent Nos. 2-8. Civil Petition For leave to Appeal No.1740 of 2006. (From the judgment and order dated 31.8.2006 passed by a Division Bench of the High Court Division in Writ Petition N...... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ..Category: Election Law | Date: | Hits: 84
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....r dated 28th March, 2005 passed in Writ Petition No. 1823 of 2005 by the learned judges of the High Court Division, who disposed of the said writ petition with a direction. 2. Shortly stated facts are that the respondent No.5, Md. Abul Hossain alias Md. Hossain Mia as the informant lodged ......dul Basel Majumder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on Record-For Respondent No. 5. Civil Petition For leave to Appeal No. 485 of 2005 (From the judgment and order dated 28th March, 2005 passed in Writ Petition No. 1823 of 2005 by the High Court Divisi......ecords and thereafter submitted that the procedure trial of cross cases being that both cases should be placed in the juxtaposition i.e. the placing the cases side by side to better appreciate the evidences and circumstances which are described by the parties in the cases in conflicting manners ..Category: Criminal Law | Date: | Hits: 31
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....by the private person for a commission of forgery." In view of the finding aforesaid, we do not find any cogent reason to interfere with the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case i...... Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition For leave to Appeal No. 106 of 2004 (From the judgment and order dated 23.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 873 ......enue office for disposal of a mutation case cannot be characterised as judicial function. Because the Revenue Officers are not required by law to try a matter judiciously on the basis of the legal evidence. The enquiries which are under taken by them and orders passed for mutation in a mutation ..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....the Penal Code and sentencing him to suffer imprisonment for 10(ten) years and to pay a fine of Tk.75,000/- in default to suffer rigorous imprisonment for two years and six months. 2. Brief facts which led to the filing of this petition for leave are that Tuhina Chowdhury alias Baby; the ......te-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Respondent. Criminal Appeal No.16 of 1999. (From the judgment and order dated 2.11.1994 passed by the High Court Division in Criminal Appeal No. 1859 of 1991). ......espondent and thereby the above criminal revision being infractuous the Rule issued therein was discharged. Leave was granted to consider the submissions that in the present case the circumstantial evidences are very strong to prove the guilt of respondent and the learned Judges of the High Court..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
....onnel, one First Miscellaneous Appeal, two petitions for leave to appeal before this Division and one Miscellaneous civil petition for leave to appeal. 7. In the background of the aforesaid facts the High Court Division rejected the Writ Petition No.3419 of 2001 summarily by the order dat...... J M. M. Ruhul Amin J Md. Tafazzul Islam J Mohammad Nurul Huda………………………Petitioner Vs. Iqbal Anwar and others………………………Respondents ...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ..Category: Property Law | Date: | Hits: 28
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... was taken on remand and having found complicity with cognizable offence was served with an order of detention, the High Court Division of detention erred in law in making the rule absolute in the facts and circumstances of the case. 5. The High Court Division upon hearing the parties fou......Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Government of Bangladesh and others………Petitioners Vs. Professor Apu Ukil…&he...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ..Category: Criminal Law | Date: | Hits: 109
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....passed in ejmali properties and the principles as laid down in the decisions, following which the High Court Division discharged the Rule, are not applicable in the present case as the facts and circumstances are distinguishable. 4. As it appears in the case of Erfan vs. Joina......LT (AD) (2008) 97. ......tinguishable. 4. As it appears in the case of Erfan vs. Joinal Abedin reported in 35 DLR (AD) 216 it was held that "the rent receipts though not document of title are important items of evidence of possession and may be used as collateral evidence of title since possession generally ..Category: Property Law | Date: | Hits: 26
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