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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. ......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. ...... Md. Joynul Abedin J Md. Abdul Matin J Shahid Hamid........................Petitioner Vs. Nilufar Momtaz.......................Respondent Judgment October 14, 2008. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petit......ife and the finding is based on evidence. 8. In the above facts and circumstances of the case, we are of the view that the learned Counsel for the petitioner could not point out any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is d..Category: Family Law | Date: | Hits: 188
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....ed. Admittedly, before taking the impugned action, the petitioner was not served any notice or show cause, against the proposed action. He was not given any opportunity to be heard. Natural justice requires that before a person is punished an opportunity to show cause against the proposed......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. ......epresented—the Respondent Nos. 5, 8-12 (In Civil Petition No. 1161 of 2007). Not represented—the Respondents (In Civil Petition No. 1157 of 2007). Civil Petition for Leave to Appeal Nos. 1157-61 of 2007. (From the Judgment and Order dated June 7, 2007 passed by th......;tion 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 simulta..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......purchaser was one of the co-sharers closely related person i.e. wife of defendant No.1. The appellate Court observed that without impleading all the heirs of Faizuddin the money suit was filed and accordingly, all the heirs of Faizuddin were not made party in the auction proceeding and the aucti...... Wadud Bhuiyan, Senior Advocate, instructed by Abdul Kashem, Advocate-on-Record—For the Respondent Nos. 1-2. Not Represented—Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 621 of 2007. (From the Judgment and Order dated December 11, 2006 passed by th...... and possession in the land in suit described in the schedule attached to the plaint and are entitled to a decree and whether the judgment and decree of the trial Court is sustainable in the eye of law. 9.The Appellate Court took up the second point for consideration first and upon conside..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......e possession. The view taken by the High Court Division in the present case that the plaintiff has acquired title by adverse possession is therefore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:......ecree 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 Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land which he acquired by auction-purchase in a certificate sale and also by ......tion-sale of the said land in favour of the plaintiff on the ground that the auction -purchase of the land by the plaintiff was invalid as the plaintiff as a certificate-debtor was not permitted in law to auction-purchase the said land. Further the plaintiff could not prove that he got delivery ..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....his position the learned Subordinate Judge as well as the learned Single Judge of the High Court Division committed an error of law resulting in an error in the decision occasioning failure of justice in making out a third case. He lastly, submits that the Single Bench of the High Cour......raised. The High Court Division upon correct assessment of the materials 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: 14 BLC (AD) (2009) 27. ...... December 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by the High C......given in the cause-title of the suit was wrong but in spite of this position the learned Subordinate Judge as well as the learned Single Judge of the High Court Division committed an error of law resulting in an error in the decision occasioning failure of justice in making out a third case..Category: Property Law | Date: | Hits: 20
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ...... mail list and daily report respectively and thereby dishonestly attempted to indicate that he received one parcel short, and to justify the same he tampered with the figures as mentioned above and accordingly succeeded to commit the offence by misappropriating the stamps worth Taka 1,44,475. 1......y J State..................................Appellant Vs. Nurul Amin........................... Respondent Judgment February 8, 2006. Lawyers Involved: Faisal H Khan, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. Nurul Islam B......ooking cogent evidence against the accused respondent the High Court Division passed the impugned judgment in a very slipshod manner which according to us is perverse and cannot sustain in the eye of law. We are, therefore, unable to affirm the judgment of acquittal passed by the High Court Division..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ......ased to manage or occupy the property in question at the time when the Present's Order No. 16 of 1972 was promulgated, that is on16-2-1972, and this presumption is a reputable presumption and accordingly/it is for the claimant, who filed an application for releasing the property, to show th......dvocate-on-Record—For the Petitioner. Md. 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 ...... the respondent No. 1 filed writ petition challenging the above judgment and order stating, inter alia, that the case property being an abandoned property vested in the government by operation of law and the petitioner completely failed to establish her claim in the case property and further, t..Category: Property Law | Date: | Hits: 29
Khan Yeakub Ali Vs. The State and others, 2008, 37 CLC (AD)
.... that had they been examined they would not have supported the prosecution story raises a serious doubt as to the truth of the prosecution case and as such, we think that ends of justice would be best served if the conviction and sentence of the petitioner reduced to 7(seven) y......her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ......yers Involved: S. N. Goswami, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-For Respondents. Criminal Petition for Leave to Appeal No. 421 of 2007. Order Dela......her rigorous imprisonment 1 (one) year more. With this modification of sentence the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 255. ..Category: Criminal Law | Date: | Hits: 40
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....efore not tenable in law. The learned Counsel further submits that since the respondent being a named accused in the first information report has not surrendered in the Court and is a fugitive from justice, the writ petitions filed by him were not entertainable and the Rule issued therein by the H......case-like the present—where the individual seeks the interference of the Sovereign to obtain revision of a judicial order, when he is himself engaged in setting that judicial order at naught. We accordingly, dismiss this petition, by reason of its being, in the existing circumstances, wholly u......min CJ.- I have read the judgments by my brothers Mohammad Fazlul Karim, J and Md. Joynul Abedin, J. I agree with the result of the appeals 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......read the judgments by my brothers Mohammad Fazlul Karim, J and Md. Joynul Abedin, J. I agree with the result of the appeals 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 th..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....he Tribunal. Order of recounting of ballot papers can be made when the Tribunal is satisfied that making of such order is imperatively necessary to decide the dispute and to do complete and effectual justice between the parties. It is settled principle that re-counting must not be ordered only on pr......r and on consideration of the evidence on record the appellate tribunal came to the finding that the petitioner of the election petition has laid a factual foundation for recounting ballot papers and accordingly dismissed the appeal and affirmed the order of the Election Tribunal by the impugned jud...... Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 1565 of 2007. Judgment Mohammad Fazlul Karim J.- This petition for Leave to appe......ed that the respondent No.1 raised no written objection to the Returning Officer or the Presiding Officer for recounting the ballot paper at the time of counting votes. It is now settled principle of law that in order to make out a case for recounting the person who challenges the counting has to pr..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. ......the learned Advocate for the petitioners and perused the materials available in record and reasons to believe that 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 (20.....................Petitioners Vs. The State………………………Respondents Judgment June 5, 2008. Cases Referred to- 54 DLR (AD) 24; 44 DLR (AD) 60. Lawyers Involved: Khan Saifur Rahman, inst......ses as may inspire confidence in the mind of the Court, but in the present case, there is no independent corroboration of evidence and as such the learned Judges of the High Court Division erred in law in holding that the accused-petitioners guilty for the offence charged and thereby came to an ..Category: Criminal Law | Date: | Hits: 22
Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......nces in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 880. ......bar Rahman, Advocate-on-Record-For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For Respondent No. 5. Not Represented-Respondent Nos. 1-4. Civil Petition for Leave to Appeal No. 1738 of 2005 (From the judgment and order dated 06.07.2005 passed by the High ......said Marriage and Divorce Registration Act, 1974 read with rule 8 of the Marriage and Divorce Registration Rules, 1975 and as such, the impugned order and appointment of respondent No. 5 is unlawful and thus committed illegality and it merits deserves interference of this Court that the pet..Category: Civil Law | Date: | Hits: 88
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason 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) 875. ......t decision. There is no cogent reason 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) 875. ......rted in: V ADC (2008) 875. ......ent proceeding is barred under Article 23(4) of the Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 and the rent were not deposited with the House Rent Controller in accordance with law. The further case is that the petitioner has defaulted in making deposit of the monthly rent w..Category: Tenancy Law | Date: | Hits: 148
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....rned Judges of the High Court Division having misconceived the facts and circumstances of the case passed the impugned judgment illegally which resulted in an error in the decision causing failure of justice and as the findings and decisions arrived at by the High Court Division are liable to be set......round of above discussion, 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. ......ocate-on-Record-For the Petitioner. Zillul Huq, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1506 of 2005. (From the judgment and order dated 28-11-2004 passed by the High Cour......ensation. 4. The petitioner contested the said Labour Case by filing written statement denied the material allegations made therein and contended, inter alia, that the case was not maintainable in law, it was barred by law of limitation, estoppel, waiver and acquiescence and the case is also no..Category: Employment/Service Law | Date: | Hits: 87
Md. Sonawar Ali Vs. Md. Nonahar Ali alias Monawar Ali , 2006, 35 CLC (AD)
....rence by this Division and further no point of law is also involved in this leave petition. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 869. ......dant-No.5 purchased the suit land jointly with the plaintiff with the joint income and that the defendant No.5 and the plaintiff were also in joint mess and possessed the suit land jointly and accordingly the suit land has been recorded in their names jointly; there was an amicable partition......m, Senior Advocate (J.N. Deb, Advocate with him) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 406 of 2005. (From the judgment and order dated 16th January, 2005 passed by t......ourt, 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 be disturbed and that the plaintiff has faile..Category: Property Law | Date: | Hits: 23
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....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. ......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. ...... Involved: Shaheed Alam, Advocate, instructed by Choudhury Mohammad Jahangir Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1714 of 2005 (From the judgment and order dated the 22.6.2005 passed by the Hi......per schedule IV of the Electricity Act, 1910 the Board, as a distributing licensee, has to buy electricity from P.D.B which is a generating body and P.D.B, as a bulk licensee, is permitted by law to sell electricity to the Board and other distributing agencies and that the area concerned is..Category: Civil Law | Date: | Hits: 119
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ......chedule land measuring 2.27 decimals under C.S Khatian No. 354 corresponding to hal khatian No.479 and J.L. No. 225 and of survey settlement was prepared and finally published in his name and accordingly he was enjoying the schedule land peacefully without May hindrance from any quarter, th......Rahman, Advocate-on-Record-For the Petitioners. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-43. Civil Petition for Leave to Appeal No. 1642 of 2007. (From the judgment and order dated 29.05.2007 passed by the High......s of the schedule property. 3. Bhula Sheikh, son of Badia Sheikh sold out 90 decimals of land from C.S. Plot No. 1609, 1611 and 1624 of the schedule to the plaintiff and his sister-in-law Rahiman Nessa on 21.12.1953 being sale deed No. 23725 and delivered vacant possession to them o..Category: Property Law | Date: | Hits: 28
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
.... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin 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 Ga......rved that in case authorities take decision to requisition and acquire the land of the writ-petitioners then the authority would be competent to do the same in accordance with the provision of the law relating to the matter of acquisition and requisition of land in force. 3. Facts in shor..Category: Property Law | Date: | Hits: 56
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
....ub-section (2) Court includes Revenue Court. The object of this section is to prevent improper or reckless prosecution by private persons for offence in connection with the administration of public justice inasmuch as aimed at giving protection to the parties and witnesses against vexatious and ...... 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. ......Code and Criminal Miscellaneous Case No.336 of 1998 heard analogously which arose out of C.R. Case No.84 of 1997 of the Court of Magistrate, First Class, Bagerhat. 2. The short fact leading to this appeal is that complainant Syed Zahid Hossain, Advocate field Complaint Case No.301 of 1995...... revenue Court and any cognizance without complaint from that revenue Court is illegal. It is submitted that the judge of the High Court Division failed to appreciate the mandatory provision of law as laid down in section 195(l)(c) of the Code of Criminal Procedure. The learned Advocate subm..Category: Criminal Law | Date: | Hits: 45
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ...... present writ petition and obtained Rule but after hearing the High Court Division discharged the Rule holding that the question of abatement may be decided in a forum having civil jurisdiction and accordingly the writ petition is not maintainable. 3. The learned counsel appearing for pet......Lawyers Involved: M. Enayetur Rahman, Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record - For the Petitioner Not Represented - Respondents Civil Petition for Leave to Appeal No. 885 of 2004 (From the judgment and order dated 25.4.2004 passed by the High Co......diction and so the writ petition is not maintainable. We are of the view that the High Court Division on correct assessment of the evidence on record and applying the correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. ..Category: Civil Law | Date: | Hits: 78
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