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S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)

....aring, was dismissed. 3. The learned counsel for the petitioner submits that the suit filed by the petitioner was decreed by the trial Court as well as the appellate Court, the last court of facts, and the concurrent findings arrived at by the above court's are binding on the High Court D...... M.M. Ruhul Amin J Md. Tafazzul Islam J S.M. Nurul Islam……………………Petitioner Vs. Padma Oil Company Limited and others…………….....Respondents Judgment Novembe......out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ..

Category: Employment/Service Law | Date: | Hits: 61

Sylvia Akter Nazma Vs. M. M. Ishak, 2006, 35 CLC (AD)

.... the leave petition. We find no substance in the review petition. 9. Accordingly, the review petition is dis­missed. Ed. The Case is also Reported in: IV ADC (2007)1009. ...... Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Review Petition No. 4 of 2006 (From the judgment and order dated 11.12.2005 passed by the Appellate Division in Criminal Petition for leave to Appe......aman Tribunal legally accepted the naraji petition of the informant petitioner and rightly took cog­nizance against the accused persons and also failed to consider the oral and docu­mentary evidence of physical and mental torture by the husband on the informant of the case. 7. It a..

Category: Criminal Law | Date: | Hits: 32

Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)

....dismissing the Title Suit No. 27 of 1998 filed by the plaintiff petitioner which was decreed by the trial court as well as by the appellate court below.     2. The short facts leading to the filing of the leave petition is that the plaintiff petitioner instituted the ...... Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Joynul Abedin J Md. Serajul Islam…………..Petitioner. Vs. Shaikh Hayet Ali and others......Respondents. Judgment March 14, 2007. Lawyers Involved: ......decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dis­missed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ..

Category: Property Law | Date: | Hits: 23

Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)

....in Title Suit No. 198 of 1970 against the dead persons, that there is no scope to consider the review application in view of the provision of Order 47 Rule 1 of the Code of Civil Procedure, as the facts alleged for review were very much within the knowledge of the respondent, particularly the re......pellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Md. Hassan Ameen J Matiar Rahman being dead his heirs: Shahajada Hossain Mallik and others..... Appellant Vs. Assistant Custodian of Enemy Property Lands and Buildin......il Procedure and neither the lower appellate Court which passed the impugned order of review nor the High Court Division decided the rigours of proof lying on the defendant in producing additional evidence while getting an appeal disposed of on consid­eration of the evidence and that the Hig..

Category: Property Law | Date: | Hits: 34

Army Habilder Abdul Gafur Vs. State, 2007, 36 CLC (AD)

....the convict petitioner Abdul Gafur. 14. In this view of the matter the trial court appears to have convicted the petitioner rightly. 15. It appears that the High Court Division in the facts and circumstance and evidence on record arrived at a correct decision upholding the judgment ......instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No. 102 of 2004. (From the judgment and order dated 09.02.2003 passed by the High Court Division in Criminal Appeal No. 06 of 1998). ......missing the appeal. 2. The petitioner was tried on the charge of kidnapping one Raisuddin uncle of informant Abu Taher on 10.09.1991 and thereafter murdering him and causing disappearance of evidence by concealing the dead body. The prosecution case, in short, was that the aforesaid Raisu..

Category: Criminal Law | Date: | Hits: 39

Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)

....ndolent respondent cannot claim any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. ...... Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Abdur Rahman and others……………………………&......ndolent respondent cannot claim any equita­ble relief. In the result, therefore, this appeal is allo­wed with costs. The order of the High Court Division is set aside. Ed. ..

Category: Property Law | Date: | Hits: 23

Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)

....hy;tigation. 5.  We have heard the learned Advocate and perused the materials on record. We are not impressed by the submissions of Mr. Monsurul Haque Chowdhury. 6.  In the facts and circumstances of the case, we are of the view that the High Court Division upon correct a...... Chowdhury J Md. Joynul Abedin J Md. Rezaul Karim………….............Petitioner Vs. The State represent­ed by the Deputy Commissioner, Dhaka and others ......Respondents Judgment  February 1st, 2007. Lawyers Involv......leagues and in the end he submitted the charge sheet against Sundar Babu alias Shah Alam Babu on bonafide mistake of identity and not deliberately. Further, the charge sheet was not the conclusive evidence for a wrong person to be convicted. If the pros­ecution seriously took steps to show b..

Category: Criminal Law | Date: | Hits: 38

State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)

....last election. 5. The prosecution examined 16 Pws. all of whom were cross-examined by the defence. The defence did not examine any witness. 6. The trial Court in consideration of the facts and circumstances of the case as well as evidence on record, found the accused guilty for the......ioner. Probir Neogi, Advocate, instructed by Md. Sazzadul Huq, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 253 of 2004. (From the judgment and order dated 10-03-2004 passed by a Division Bench of the High Court Division in Death Referenc......ed 16 Pws. all of whom were cross-examined by the defence. The defence did not examine any witness. 6. The trial Court in consideration of the facts and circumstances of the case as well as evidence on record, found the accused guilty for the offence charged and convict­ed and sentenc..

Category: Criminal Law | Date: | Hits: 44

Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)

....and sustainable in law and the learned Advocate for the petitioner failed to show any illegality in the matter of acceptance of the evidence on record by the Courts below. 7. In view of such facts and circumstances of the case, we find no merit in this peti­tion and accordingly, the s......instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No.322 of 2007. (From the judgment and order dated 29-01-2007 passed by the High Court Division in Criminal Revision No. 244 of 2002)......hy;cution examined 8 Pws. all of whom were cross-examined by the defence but no dis­crepancy could be shown by way of cross-examination. It further appears that the prosecution by putting into evidence, chemical examination report about the implicating substance (hemp so recovered from the c..

Category: Criminal Law | Date: | Hits: 45

Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)

.... accused may invoke the jurisdiction of the High Court Division under Section 561A of the Code of Criminal Procedure, if, he can make out a case of quorum non-judice of the trial Court or that the facts alleged do not constitute any criminal offence. The High Court Division may exercise inherent......urt Appellate Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Dr. Hafizur Rahman and another ………………Petitioners Vs. The State......tainment of the prayer seeking quashing of the pro­ceeding at the stage will be stifling the proceeding since the informant opposite-party No.2 had no opportunity to prove her case by adducing evidence and as such we are of the opinion that there is no sub­stance in this petition and fin..

Category: Criminal Law | Date: | Hits: 42

Md. Abdul Karim Vs. Md. Nurul Islam and others, 2007, 36 CLC (AD)

....bsp;        10.  We have perused the impugned judgment and other connected papers. We are not impressed by the submissions of Mr. Abdul Quayum. In the facts and circum­stances of the case, we are of the view that the High Court Division upon corr......azlul Karim J Md. Joynul Abedin J Md. Abdul Karim ……………………………..Petitioner Vs. Md. Nurul Islam and others ...................Respondents Judgment May 16, 2007. Lawyers Invo......orrect decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 252. ..

Category: Property Law | Date: | Hits: 20

Abdul Mannan Vs. Md. Sohrab Hossain & others, 2008, 37 CLC (AD)

....on for leave to appeal is directed against the judgment and order dated 08.08.2008 passed by the High Court Division in Civil Revision No. 2920 of 2002 discharging the Rule. 2.  Short facts are that the pre-emptor filed Miscellaneous Case No. 4 of 1998 in the Court of Senior Assista......y Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not repre­sented- Respondent Nos. 2-6. Civil Petition for leave to Appeal No. 395 of 2006. (From the judgment and order dated 08.08.2005 passed by the High Court Division in Civil Revision No. 2920 of 2002). ......t find any substance in this petition. The petition is dismissed with cost of Tk. 5, 000/- (five thousand)   Ed. This Case is also Reported in: V ADC (2008) 250. ..

Category: Property Law | Date: | Hits: 25

Sanat Kumar Dhar and others Vs. Aminul Haque and others, 2006, 35 CLC (AD)

....other words the trial Court disposed of the suit upon adjudicating the issues involved therein but the appellate Court without discussing the evidence and without tak­ing into consideration the facts which ought to have been taken into considera­tion while disposing of the appeal inter&sh...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Sanat Kumar Dhar and others …………………………..Petiti......als on record disposed of the issues framed by it or in other words the trial Court disposed of the suit upon adjudicating the issues involved therein but the appellate Court without discussing the evidence and without tak­ing into consideration the facts which ought to have been taken into ..

Category: Property Law | Date: | Hits: 24

Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)

....ve to appeal is directed against the judgment and order dated 08.05.2005 passed by a Single Bench of the High Court Division in Civil Revision No.3 794 of 2000 discharging the Rule. 2. Short facts are that the plaintiffs filed Title Suit No.86 of 1991 in the 2nd Court of Senior Assistant ......d: Syed Mahbubur Rahmen, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 918 of 2005. (From the judgment and order dated 08.05.2005 passed by the High Court Division in Civil Revision No. 3794 of 2000). ...... is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 242 ; 11 BLC (AD) (2006) 265. ..

Category: Property Law | Date: | Hits: 32

Md. Ziarat Hossain Vs. Md. Jaher Ali and others, 2006, 35 CLC (AD)

.... 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: V ADC (2008) 239. ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Ziarat Hossain ………………Petitioner Vs. Md. Jaher Ali and others…………….........Respondents Judgment Augu......sion, after hear­ing, made the Rule absolute. 3. The learned counsel for the plaintiff petitioner submits that the plaintiff being in possession within the fixed boundaries and also led evidence, both oral and docu­mentary, the trial court decreed the suit and the High Court Divis..

Category: Property Law | Date: | Hits: 44

Md. Abdul Muttalib Vs. Md. Abdul Wahab, 2007, 36 CLC (AD)

....decision. There is no cogent rea­son to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 237. ......ocate (with M. Nurul Amin, Advocate) instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 835 of 2005. (From the judgment and order dated 19.03.2005 passed by the High Court Division in Civil Revision No.1386 of 2002). ...... and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that the Court of appeal which is the final Court of fact has considered the evidence on record and found that the defendant could not adduce any evidence to prove that the dee..

Category: Property Law | Date: | Hits: 26

Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)

.... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ......V ADC (200) 231. ......bsequent decree in Title Suit No. 8 of 1978 was passed in not binding upon the defendant No. 1 as he  was not a party to that suit; that all the  Courts below misconstrued the documentary evidences in order to disbelieve the  case of the defendant No. 1.   9. The..

Category: Property Law | Date: | Hits: 29

Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)

.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ....... ......rder of the trial Court clear­ly shows that defendant No. 1 was debarred from using the sale certificate in Title Suit No. 121 of 1986 only. The High Court Division on consideration of the oral evidence as well as the documentary evidence held that the defendant is in pos­session of the l..

Category: Property Law | Date: | Hits: 37

Nazma Ahmed and others Vs. Bangladesh, 2006, 35 CLC (AD)

....shy;abouts of the lessee Mrs. Rasheda Ashfaq being unknown and the building being found in possession of some unauthorised persons there was no necessity nor any possibility to serve notice. In the facts and circumstances we find force in the sub­mission. 16. Most of the submissions ma...... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Nazma Ahmed and others………...........Petitioners Vs. Bangladesh repre­sent...... impugned judgment does not call for our interference. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 224. ..

Category: Property Law | Date: | Hits: 27

Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)

....l by leave is directed against the judgment and order dated 05.11.2001 passed by a Division Bench of the High Court Division in Writ Petition No. 1124 of 2001 discharging the Rule. 2. Short facts are that respondent No.2, Agrani Bank Ltd., filed Money Suit No. 44 of 1990 impleading the a......Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hazera Begum…………………….Appellant Vs. Artha Rin Adalat and others .........Respondents Judgment April 17, 2007. Lawyers Involved: ......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ..

Category: Civil Law | Date: | Hits: 111