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Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ......P.W.4 Peara Begum daughter of the informant is the only eye witness to the occurrence. 21. The trial Court observed that the P.W.4 appeared to be 5/6 years old and she could understand the question put to her by the learned Advocate and she was found to be intelligent. 22. In h......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..Category: Criminal Law | Date: | Hits: 62
Ayub Ali Vs. Ali Akbor @ Khoda Boksha & others, 2007, 36 CLC (AD)
....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. ......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. ......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..Category: Property Law | Date: | Hits: 22
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......f inheritance. The said property is the homestead of the said respondents as they have three-storied residential building thereon. The said respondents have no other homestead than the property in question. But the respondent No.6 Md. Khalilur Rahman fraudulently mortgaged the said property by w......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ..Category: Property Law | Date: | Hits: 19
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... 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. ...... 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. ......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. ..Category: Constitutional Law | Date: | Hits: 114
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....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. ......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. ......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..Category: Election Law | Date: | Hits: 98
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... 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. ...... (E.P.) Ordinance No. XI of 1969 and hence claim as to benevolent fund and group insurance in the light of the provision of the Ordinance No. XXXIX of 1982 is not sustainable in law. 8. The question involved in the appeal is whether on the date of death i.e. September 11, 1969 benef......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..Category: Employment/Service Law | Date: | Hits: 82
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ...... to earth and in the face of the unimpeachable and unblemished ocular evidence of the P.Ws.1-7 and 10 together with the medical evidence on record in respect of the killing of victim Muktadir, the question of awarding the benefit of doubt to the petitioner does not arise at all. 5. We are...... 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..Category: Criminal Law | Date: | Hits: 39
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......bsp; 2. The facts, in short, are that the respondent appellant, Bombay Sweets and Company Limited is a manufact..Category: Intellectual Property Law | Date: | Hits: 306
M/S. A.S. Trade International Vs. Government of Bangladesh 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) 959. ......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. ......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..Category: Fiscal/Taxation Law | Date: | Hits: 68
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
....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. ......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. ......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 ..Category: Property Law | Date: | Hits: 21
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
.... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ......nt of the then landlord Haji Sirajul Islam Chowdhury, the respondent and his brother amalgamated both the shops after removing the partition wall and has been running the business and as such question of demolition of partition wall in 1990 does not arise, that the respondent also file......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..Category: Property Law | Date: | Hits: 32
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. ......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. ......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. ..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. ...... by registered deed of kabala dated 8.3.1975 at appropriate consideration. Charubala delivered possession to the defendant No. 7 who constructed dwelling house from south-west corner of the plot in question and has been possessing by paying rent to the Government since purchase and as such ......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. ..Category: Property Law | Date: | Hits: 23
Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)
....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. ......land Cement of Indonesia origin at the rate of US$ 41.00 per metric ton as per invoice dated 30.04.2000. The H.S. Code of the said goods is 2523.29. When the petitioner opened the letter of credit in question SRO No.125 dated 10.06.1999 was in force which provided realization of customs duty at th......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..Category: Fiscal/Taxation Law | Date: | Hits: 65
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ...... 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 between the parties, giving an opportunity to the plaintiff to substantiate......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..Category: Procedural Law | Date: | Hits: 173
....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.
......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.
...... 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..
Category: Civil Law | Date: | Hits: 120
Shamima Akhtar Vs. Md. Tofazzal Hussain and others, 2007, 36 CLC (AD)
.... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ...... disposed of on merit. In view of the discussion made above, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 38. ...... 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 ..Category: Property Law | Date: | Hits: 26
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....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. ......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. ......, 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 ..Category: Civil Law | Date: | Hits: 126
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......etitioner and Chowdhury Md. Zahangir, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers on record. 5. The vital question for consideration in the case was whether payment of dower was made by the defendant husb......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..Category: Family Law | Date: | Hits: 188
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....ere more or less same and the question of law involved in the writ petitions was common, the aforesaid writ petitions were heard simultaneously and were disposed of by the separate judgment of identical nature on the date as mentioned hereinbefore. 3. The High Court Division by the a......rit 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 petitions was common, the aforesaid writ petitions were heard ...... 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..Category: Civil Law | Date: | Hits: 126
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