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State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
.... the dead body of the deceased was found in nearby Jungle. 14. These witnesses did not say anything regarding involvement of respondent Selim Bepari @ Anwar Hossain Selim. 15. Therefore, in the facts and circumstances of the case and the materials on record, we are of the view that the prose......ellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Abdul Matin J The State...............................Appellant (In both appeals) Vs. Ratan Khan and others........... Respondents (In both appeals) Judgment October 2, 2007. Lawyers Inv......ungle. P.W.8, Jatindra Nath Mondal, Medical Officer, Sadar Hospital, Sariatpur who was one of the members of the Medical Board holding post-mortem examination over dead body of the deceased, in his evidence stated that they found the following injuries on the person of the deceased: 1. One a..Category: Criminal Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....dvocate for the petitioners could not argue the case at the time of hearing of the rule and the Advocate for respondent No. 4 argued ex parte and the rule was made absolute on misrepresentation of facts of the case and obtained the following direction. "In the result, the Rule is......t: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Towfiqul Islam and others...................Petitioners Vs. S.M. Mohiuddin, Officer-in-charge, Motij......in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ..Category: Criminal Law | Date: | Hits: 32
Md. Ekabbar Hajra and others Vs. Salamat Hajra, 2007, 36 CLC (AD)
....er appellate court and as such committed error. 12. We have considered the submissions and perused the materials on record. 13. The High Court Division after considering the facts and circumstances and evidence on record observed: "It appears that the ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Ekabbar Hajra and others......................Petitioners Vs. Salamat Hajra being dead his heirs Su......ommitted error in decreeing the suit reversing the judgment of the lower appellate court. 11. He submits that the lower appellate court being the last court of fact disbelieved the evidence produced by the plaintiff and dismissed the suit and the High Court Divis..Category: Property Law | Date: | Hits: 19
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....d no substance in the submissions of the learned Advocate for petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 426. ...... Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Basiruddin....................................Petitioner Vs. Md. Moslem Uddin and others.......Respondents Judgment September 13, 2007. Lawyers Involved: ......of appeal below and the High Court Division without controverting the finding of the trial Court and without noting testimony on record wrongly held that the defendant did not adduce any evidence in respect of their possession and the learned judge of the High Court Division failed to ..Category: Property Law | Date: | Hits: 19
Government of Bangladesh Vs. Md. Abdus Salam, 2006, 35 CLC (AD)
....he said order of status-quo and moreover, there is no sufficient explanation for the delay in filing the revision application so as to condone the delay. The High Court Division, in the above facts and circumstances, did not exercise its discretion for condoning the delay. 4. As it a......pellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Government of People's Republic of Bangladesh, represented by the Deputy Commissioner and others, Satkhira ..............Petitioners Vs. Md. Abdus Salam........................we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ..Category: Property Law | Date: | Hits: 28
Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)
....filed appeal and the same was dismissed. Thereupon the Respondent filed the case before the Administrative Tribunal. The Administrative Tribunal on consideration of the materials on record and the facts and circumstances of the case arrived at the finding that the punishment that was awarde......azzul Islam J Amirul Kabir Chowdhury J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others ...................Petitioners Vs. Md. Atiar Rahman Mollah..........Respond......ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 422. ..Category: Administrative Law | Date: | Hits: 120
Sheikh Intaz Ali and others Vs. Solaiman Tarafder and others, 2006, 35 CLC (AD)
....iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ......: V ADC (2008) 420. ......ho figured as O.P.W.3 admitted that he did not find all the defendants in the locality and that he did not make any attempt to serve the summons on the family members of the defendants and that the evidence of the O.P.W.2 who claimed to be the attesting witness is inconsistent with the evidence o..Category: Procedural Law | Date: | Hits: 78
Taher Ali Vs. Ali Mohammad, 2006, 35 CLC (AD)
....ny error in not interfering with the judgment and decree of the last Court of fact. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 418. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Taher Ali being dead his heirs: Anowara Begum and others ...........Petitioners. Vs. Ali Mohammad...........Respondent. Judgm......vision or in the judgment and decree of the Courts below calling for interference. The finding of fact arrived at by the appellate Court and the trial Court being based on due consideration of the evidence and that there being no mis-reading or non-consideration of the evidence by the last ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)
....ion for leave to appeal is directed against the judgment and order dated 13.07.2005 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.52 of 2001 allowing the same. 2. Short facts are that the petitioner, Md. Aftabuddin Fakir, a retired U.D. Assistant of the P.W.D. instit......bsp; Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1720 of 2005. (From the judgment and order dated 13.07.2005 passed by the Administrative Appellate Tribunal in Appeal No. 52 of 200......ision. There is no cogent reason to interfere with the same. The leave petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 416. ..Category: Administrative Law | Date: | Hits: 115
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
.... of rights in their names. 7. The High Court Division under the circumstances rightly held that The findings regarding the title and possession by both the Courts below are concurrent finding of facts and there is no perverse finding and the finding based on evidences on record and there is no ......V ADC (2008) 412. ......oner Vs. Shamsuddin and others..........Respondents Judgment April 23, 2007. Result: The petition is dismissed. Unless there is gross misreading or non consideration of material evidence on record or misconstruction of any document or that finding are perverse and contrary to..Category: Property Law | Date: | Hits: 21
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ......esent: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J M/s Haque's Bay ...........................Petitioner Vs. Mrs. Jahanara Ahmed and others........Respondents Judgment April 29, 2007. ......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 409. ..Category: Property Law | Date: | Hits: 31
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
.... the evidence on record adduced by both the parties and as such there has been a miscarriage of justice. 7. We are not impressed by the submissions of Mr. Kazi Shahadat Hossain. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct ....... Nawab Ali, Advocate-on- Record-For the Petitioner. Abu Siddique, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1159 of 2005 (From the judgment and order dated 13.7.2005 passed by the High Court Division in Civil Revision No. 345 of 2004.) ......it by sending the same to the appellate Court below on remand by obtaining the report of DNA test of the plaintiff and the disputed child when the suit could be well-disposed of on the basis of the evidence on record adduced by both the parties and as such there has been a miscarriage of justice..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....ex-parte order for withdrawal of the P.S. Plot No. 1246, Thus claiming his absolute right, title interest and possession in this plot by practising fraud upon the L.A. Officer and on misleading of facts to. withdraw award money in L.A. Case No.138 of 1967-68 and as such, the plaintiff-peti&...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Afzal Ahmed and others..........Petitioners Vs. Ayesha Khatun and others ........ Respondents ......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find 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) 392. ......: V ADC (2008) 392. ......1 filed the photocopy of the parcha of suit land which was also admitted by the plaintiff and marked Exhibit-'Ga' without any objection but the trial Court did not consider this Exhibit, a piece of evidence of possession in a suit under Section 9 of the Specific Relief Act rather relied all the P...Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
....rming the judgment and order dated 27.03.2001 passed by the Subordinate Judge, Second Court, Sylhet in Miscellaneous (Pre-emption) Case No.191 of 1993 dismissing the pre-emption case. 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecess......ivil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin...........................Petitioner Vs. Azizul Hussain and others........ Respondents Judgment November 6, 2007. Lawyers Involved: ......d that the pre-emptor is in possession of the case land; that the burden of proof respecting knowledge of the impugned transfer having been primarily discharged by the pre-emptor through oral evidence and also by production of the certified copy of the sale deeds under preemption, the ..Category: Property Law | Date: | Hits: 20
Taher Mia (Md) Vs. Md. Bazlur Rahman Siddiki and another, 2006, 35 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: 12 BLC (AD) (2007) 105. ...... Md. Tafazzul Islam Amirul Kabir Chowdhury J Taher Mia (Md)...........................Petitioner Vs. Md. Bazlur Rahman Siddiki and another...............Respondents Judgment ......ney on the reverse side of the 1st page of the agreement for sale. On the aforesaid finding trial Court decreed the suit. 5. The High Court Division, on independent consideration of the evidence, both oral and documentary, held that the plaintiff satisfactorily proved that on 15-..Category: Property Law | Date: | Hits: 23
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....donors executed the document in question i.e. deed of gift, having had independent advice about the transaction and being aware of the nature of transaction and the contents of the document. In the facts and circumstances of the case, the burden was on the defendant No.1 to establish that the do...... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respon...... deed of gift. The defendant No. 5 deposed as PW 2 in support of the case as in the written statement and also prayed for saham. Defendant No. 7 died before the trial. At the trial the parties led evidence both oral and documentary. 6. The trial Court on consideration of the evidence on r..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
....ge, Magura in Title Appeal No. 76 of 1993 reversing those dated 27-5-1993 passed by the learned Assistant Judge, Mohammadpur, Magura in Title Suit No. 35 of 1987 decreeing the suit. 2. Brief facts leading to the filing of this civil petition are that the petitioners, as plaintiffs, in......ivil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents Judgment &nb......der and so the same cannot vest in the Government; the appellate Court as well as the High Court Division failed to consider that the plaintiffs by examining 5 witnesses and by adducing documentary evidence, Exhibits 1-39 in respect of which no objection was raised, proved their right title, int..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....ferred this petition seeking leave to appeal against the judgment and order dated 9-5-2005 passed by the High Court Division in Writ Petition No.6305 of 2003 making the Rule absolute. 2. The facts, in short, are, that the respondents as writ petitioners moved the High Court Division under ...... Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Rajdhani Unnayan Kartripakkha represented by its Chairman and another.............Petitioners Vs. Jamuna Builders Ltd. and another....................We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ..Category: Property Law | Date: | Hits: 27
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....cision reported in 47 DLR 246 it has been held that for the purpose of granting lease of agricultural land no written document is required tinder section 3(17) of Bengal Tenancy Act, but the facts of the said decision are quite distinguishable with the facts of the present case; the plaint......llate Division (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Harun-al-Rashid Mollah and others..............Petitioners Vs. Bangladesh represented by the Secretary, Mini......ed and fabricated and accordingly, held that no settlement was granted by those rent receipts. We are of the view that the High Court Division, considering the pleadings of the parties, the evidence of PW.1 and the documentary evidence including Exhibits 2, 4 and 5 series, arrived at the..Category: Property Law | Date: | Hits: 31
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