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Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
.... to appeal directed against the judgment and order dated 15.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3768 of 1995 making the rule absolute. 2. Short facts are that the present respondent as pre-emptor filed Miscellaneous Case No. 87 of 1988 under s......ul Islam Bhuiyan, Advocate-on-Record -For Respondent No. 1. Not represented –Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 929 of 2005. (From the judgment and order dated 15.03.2005 passed by the High Court Division in Civil Revision No. 3768 of 1995.) ......e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....ary and findings of Courts below including the lower appellate Court, the High Court Division without application of judicial mind to the Exhibits Ka(1) and Ka(2) that exhibits has no nexus to the facts and circumstances of the case and without discussion and analysis and giving any reason whats...... (2008) 329; 61 DLR (AD) (2009) 8. ......ants but the High Court Division was pleased to go beyond the pleading of parties and misreading, misinterpreting and misapplying the Exhibit Ka (1) and Exhibit Ka(2) and even without touching the evidence of a single P.Ws. and D.Ws. regarding adverse possession made the Rule absolute to the ser..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
.... dated 10.11.1993 passed by the learned District Judge, Sirajganj reversing those of dated 03.09.1990 passed by the Senior Assistant Judge, Raiganj in Pre-emption Case No. 18 of 1988. 2. The facts of the case in short are that the land appertaining to S.A. Khatian No. 358 of Mouza Dedpur, ......mad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Most. Nurun Nahar Begum................................Pre-emptee-Petitioner Vs. M. Abu Mohammad and others............................Pre-emptor-Respondents Judgment March 18, 2007.......-emtpee No.14 by kabala dated 19.02.1989 were sham paper transactions only to defeat the preemption and the case comes within the mischief of the doctrine of lis pendens, against the weight of evidence on record both oral and documentary and to the serious prejudice to the petitioners. Last ..Category: Property Law | Date: | Hits: 33
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
....ot been able to prove the case beyond all reasonable doubts and accordingly all the appeals were allowed and convict-appellants were acquitted of the charge levelled against them. 14. In the facts and circumstances of the case and in view of the discussions made above, we are of the view t......) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M. M. Ruhul Amin J The State................Petitioner (In all the cases) Vs. Md. Ruhul Amin and others ..............Respondents (In Criminal Petition No.351 of 2006). Md. Amjad Hossai......pondent in Criminal Petition No. 357 of 2006 and perused the judgment of the High Court Division and other connected papers. 7. The prosecution in support of its case mainly relied upon the evidence of P.Ws.10 and 11 who are said to be eye witnesses to the occurrence, the dying declaratio..Category: Criminal Law | Date: | Hits: 36
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
.... to appeal is directed against the judgment and order dated 24.07.2006 passed by a Single Bench of the High Court Division in Criminal Revision No.1167 of 2000 discharging the Rule. 2. Short facts are that one Israt Zahan @ Popy lodged the petition of complaint on 13.02.1996 before the Ma......ed: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 395 of 2006. (From the judgment and order dated 24.07.2006 passed by the High Court Division in Criminal Revision No.1167 of 2000.......e offence under section 4 of the Dowry Prohibition Act was found to have been committed by the High Court Division. The High Court Division further held that the demand for dowry has been proved by evidence of P.Ws. 1, 2, 3 & 4. 7. In the facts and circumstances of the case and in view..Category: Criminal Law | Date: | Hits: 31
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....uit. 6. The learned counsel for the defendant No.7/petitioner submitted that the High Court Division erred in law in granting declaratory decree simplicitor when the respondent No.1, in the facts and circumstances was required to seek further relief; the respondent No.1, having committed .................Petitioner Vs. Sultan Mahmud Chowdhury.................................Respondent Judgment August 5, 2007. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not ......faith and when any action is actuated not by good faith but otherwise, the same must be held to be malafide. 8. We are of the view that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The learned counsel could not point..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....inate Judge, 1st Court, Kishoregonj in Other Class Appeal No. 154 of 1999 reversing those of the Assistant Judge, Katiadi, Kishoregonj in Other Class Suit No.66 of 1997 dismissing the Suit. 2. The facts in the revisional application in Civil Revision No.530 of 2001 are, inter-alia, that the plain......ul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1356 of 2005. (From the judgment and order dated 22nd March, 20Q5 passed by the High Court Division in Civil Revision No. 530 of 2001......n; that the High Court Division committed a grave error of law occasioning failure of justice in not holding to the effect that the appellate Court below on misreading and on misinterpretation of the evidence on record allowed the appeal. and decreed the Suit being failed to appreciate the evidences..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....ed 14.02.2007 passed by the High Court Division in First Miscellaneous Appeal No. 234 of 2005 heard with Civil Rule No. 822 (F.M.) of 2005 dismissing the appeal discharging the Rule. 2. The facts of the case, in short, are that the plaintiff, National Bank Limited, with M/S. Arena Industr...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Korea Bangladesh Food Products Limited ............Petitioner Vs. National Bank Limited and others .............Respondents Judgment February 7, 2008. Lawyers Involved......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......late Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Nizamuddin Mahmood……….........................Appellant Vs. Abdul Hamid Bhuiyan and another..............Respondents Judgment June 17, 2008. Result: The appeal is allo......oceeding under section 561A of the Code of Criminal Procedure in view of the decision of the Appellate Division in Abdul Quader Chowdhury vs. State reported in 28 DLR (AD) 38 that where assessment of evidence is involved the case cannot be quashed……………..(16) Cases Referred to- Abdul ..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ce Station Case No.11 dated 12-8-2001 corresponding to GR No. 1003 of 2001 to the Druto Bichar TribuÂnal, Chittagong from the Court of Additional Sessions Judge, 1st Court, Noakhali. 4. The facts leading to the case, as stated by the writ-petition, are that on 12-8-2001 one Didarul Islam, ......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants Vs. Bangladesh and others………â...... the order of deletion is without jurisdiction; that trial before a speedy tribunal is under the identical Code of Criminal Procedure as in a Court of Sessions trying Sessions cases by application of evidence act with right of appeal before identical appellate forum of the Supreme Court, the High Co..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
.... 2002 filed under section 46 of the Trade Marks Act, 1940 for rectification of the Registrar of Trade Marks by removing the appellant's trade mark registration No. 33243 in Class-29, 2. The facts, in short, are that the respondent No.1 filed the Trade Mark Application No. 9 of 2002 before......J Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Unilac Sanowara (BD) Ltd...........................Appellant Vs. Bonlac Foods Limited and another..................Respondents Judgment July 15, 2008. The Trade ...... were used for packing the milk powder in the factory of the appellant. A perusal of the minutes of the meeting of the Board of Directors of the appellant held on 30-7-1995 in Melbourne, Australia, evidence that a decision therein was taken to the effect that the respondent would continue to supp..Category: Intellectual Property Law | Date: | Hits: 245
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....nstant Rules are, gives his judgment and order as regard the case referred to him and thereupon the matter is to be disposed of in the light of the majority judgment. 11. In view of the facts and circumstances of the case and the discussions made above, we find substance in the submi...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Mamunur Rashid Mamun and another……….........Appellants Vs. Bangladesh and others&helli......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....on No. 5630 of 2002) making the Rule obtained in Writ Petition No.1498 of 2003 absolute in part and discharging the Rule obtained in Writ Petition No. 5630 of 2002. 3. The appeals involved common facts and question of law and having been heard together are being disposed of under this judgment. ......so Reported in: 60 DLR (AD) (2008) 152. ......Bhuiyan, learned CounÂsel appearing for the respondents, opposed the petitions stating, inter alia, that the notification dated 17-11-1999 was published in Bangladesh Gazette on November 22, 1999 as evidenced in Annexure-B to the writ petition. But the writ responÂdents claim to have amended the s..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....as reason to believe that the assessee has for any assessment year concealed the particulars of his income or furnished inaccurate particulars thereof or omitted or failed to disclose all material facts necessary for the assessment for such year. 9. Assessment in case of income escaping......bsp; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of the People's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan......he assessee within 30 days. Where a return is filed and the Deputy Commissioner of Taxes is not satisfied without requiring the presence of the person who filed the return or the production of the evidence that the return is correct and complete, he serves on such person a notice requiring him t..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ...... Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Government of Bangladesh represented by the Secretary Ministry of Environment and Forests and others.............Appellants (In Civil Appeal No. 330 of 2003) Government o......ted therein to show cause before the Appellate Committee within such period as may be specified in the notice why the notification should not be published and until the cause, if any, shown and any evidence that may have been produced in support of the same before the Appellate Committee and..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
.... defendant No. 16, the plaintiff is continuing with so many vexatious proceedings in the Court. That the motivated aforesaid Title Suit No. 135 of 1983 was dismissed; that in view of the above facts, circumstances and law, the suit is liable to be dismissed. 5. As already mentioned th...... LG (2007) AD 231. ......l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ..Category: Property Law | Date: | Hits: 26
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
.... Court by fling Criminal Petition for Leave to Appeal and the leave was granted to consider the following grounds: “Because the High Court Division have on misconception of law, facts and circumstances passed the judgment and order dated 06.03.2005 in Criminal Miscellaneous C......s Hiron……........... Respondent Judgment August 17, 2006. Cases Referred to: 9 BLC (HCD) 668; 54 DLR 98; 15 BLD (HCD) 477; 44 DLR (AD) 95; 49 DLR (AD) 130 and 175; 1983 BLD (AD) 193; 1984 BCR (AD) 532; 1989 BLD (AD) 72; 5 BLC (AD) 74; 7 BLC (AD) 43; 10 ......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ..Category: Criminal Law | Date: | Hits: 38
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ition.” 5. The question of addition of party as a matter to be considered liberally. In view of the finding of the impugned judgment and order of the High Court Division and in the facts and circumstances of the case, we are of the view that the addition of party is to be consid...... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Ohidul Islam and others…………………………Petitioner......mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ..Category: Property Law | Date: | Hits: 24
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....they deposed as such in view of the fact that they were never suggested that the accused-respondent had any enmity with them (police personnel) or that they deposed out of interest. In view of such facts and circumstances of the case, the findings of the High Court Division in the matter upon pl...... The State..............................Appellant Vs. Liaquat Hossain @ Liaqut.........Respondent Judgment August 2, 2007. Case Referred to- Abu Taher and others vs. Shrifa Begum and others, 15 BLD (1995) (AD) 91. Lawyers Involved: Zahi......by this Division. 9. Mr. Zahirul Haque Zahir, the learned Deputy Attorney General appearing for the appellant, submitted that the learned Judges of the High Court Division by misreading evidence on record and under misconception allowed the appeal and acquitted the responden..Category: Criminal Law | Date: | Hits: 24
Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
....ition for leave to appeal is directed against the judgment and order dated 13.04.2006 passed by the High Court Division in Criminal Appeal No. 1003 of 2004 dismissing the appeal. 2. The facts, in short, are that the Assistant Sub Inspector of D.A.B Jessore, lodged an F.I.R. With Kesha......by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 240 of 2006 (From the judgment and order dated 13.04.2006 passed by the High Court Division in Criminal Appeal No.1003 of 2004.) ......hich they pleaded not guilty. 5. During trial the prosecution examined 12(twelve) witnesses while the defence examined none. 6. The learned Special Judge, Jessore considering the evidence and the materials on record as well as the facts and circumstances of the case found ..Category: Criminal Law | Date: | Hits: 34
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