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Bangladesh Krishi Bank Vs. Messers Dadajee Ice Plant and Storage Ltd., 2006, 35 CLC (AD)
....w of the above, the submissions of the learned Counsel for the petitioner have no substance. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 924. ......ohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh Krishi Bank represented by the Managing Director, Head Office, Dhaka. .....Petitioner Vs. Messers Dadajee Ice Plant and Storage Ltd. represented by its Managing Director, Gagan Babu Second Road, Khulna. ............marchant at a monthly rent of Tk. 5,000/- and the machinery was kept uncared for and prayed for dismissal of the suit. 4. The trial Court framed necessary issues and on consideration of the evidence on record came to the finding that the defendant no.5 did not perform his part of the..Category: Civil Law | Date: | Hits: 103
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......eported in: IV ADC (2007) 920. ......ndants that the Circle Officer (Revenue) allowed the petition filed under Ordinance No. 28 of 1976 and thereupon considered the Ext.c as not genuine. The High Court Division on consideration of the evidence of P.W.3 held that the Ext.3 is genuine and the Ext. C is not genuine and the same has bee..Category: Property Law | Date: | Hits: 18
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
....d sub-divided into Plot Nos. 5, 5A and 5B and allotted to the writ petitioners of Writ Petition Nos. 4311 of 2004, 575 of 2004 and 5972 of 2003. 10. In the background of the above facts, Writ Petition No. 2301 of 1992 was filed and Rule was made absolute as noticed earlier with ...... of 2006) Vs. Rajdhani Unnayan Katripakha & another.............Respondents (In both the cases) Judgment April 22, 2007. Lawyers Involved: Dr. M. Zahir and Ozair Farooq, Senior Advocates (Abdus Samad, Senior Advocate with him) instructed by Aftab Hoss...... sufficient in respect of the grievance of the said writ petitioners. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 916. ..Category: Property Law | Date: | Hits: 46
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....to the contract. The learned Counsel has further submitted that the in respect of the fact that the parties by contract have chosen English law as the governing law, the said provision in the facts and circumstances of the case being against publiy police is not enforceable. 5. Mr. A...... Supreme Court Appellate Division (Civil) Present: Syed Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mustaque Alam Chowdhury and another............Petitioner Vs. The Court of Joint District and 2nd Artha Rin ......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....ndents represented by the Secretary, Ministry of Works and others against the judgment and order dated 23.02.1993 passed by the High Court Division in Writ Petition No. 1887 of 1989. 2. The facts, in short, are that the respondent Nos.1 to 3 daughters and son of late Md. Akhtar and late M......late Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents ......his appeal. 5. In support of the appeal Mr. A. J. Mohammad Ali, learned Attorney General submits, inter alia, that the learned Judges of the High Court Division had no power to re-assess the evidence. But the High Court Division re-assessed the evidence and based its judgment on fresh appr..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....er 39, rule 4 of the Code of Civil Procedure for vacating the said order of ad interim injunction. Learned Munsif rejected the said appliÂcation by his order dated 1-4-75 and pointed out that no new facts having been placed before the Court by the appellants, is would be self-contradictory to allow......sif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..Category: Property Law | Date: | Hits: 31
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
.... to appeal is directed against the judgment and order dated 10.07.2004 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1195 of 2004 allowing the appeal. 2. Short facts are that on 17.01.2003 one Shah Alam Molla lodged F.I.R with Muladi Police Station, District......ner. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for Leave to Appeal No. 256 of 2004. (From the judgment and order dated 10.07.2004 passed by the High Court Division in Criminal Appeal No. 1195 of 2004).......ved at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 88. ..Category: Criminal Law | Date: | Hits: 54
Amal Krishna Chakrabarty Vs. Sekendar Mallik , 2006, 35 CLC (AD)
....tailed discussions of the materials on record held that there was no case for applying the principle of Section 43 of the Transfer of Property Act. The High Court Division in the background of the facts and circumstances of the case held that Ext. C i.e. the kabuliyat by which defendant No.7 too......eme Court Appellate Division (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Amal Krishna Chakrabarty being dead his heirs: Kali Das Chakrabarty and others ……………..Petitioners Vs. Sekendar Mallik b......ces of the case. As the judgment of the trial Court was not a happy one (as observed by the High Court Division) on the point of possession of the plaintiffs the High Court Division considered the evidence of the witnesses examined by the plaintiffs and also the evidence of the D.Ws. on the ques..Category: Property Law | Date: | Hits: 21
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....is directed against the judgment and order dated 31.08.2005 passed by a Division Bench of the High Court Division in Writ Petition No. 4511 of 2005 making the Rule absolute in part. 2. Short facts are that the petitioners are class three and class four employees of the Jatiya Sangshad Sac...... Supreme Court Appellate Division (Civil) Present Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Ranjit and others .....................Petitioners Vs. Bangladesh represented by the S......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ..Category: Employment/Service Law | Date: | Hits: 70
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....;lier then the defendant's kabala so their kabala Ext. 4 will prevail over the kabala of defendants". The High Court Division further found that the learned District Judge, the final court of facts, having come to the conclusion that the plaintiffs have proved their possession in the suit l......d in: V ADC (2008) 54. ......passed against their transferees unless a case of ouster was made out; the finding of possession as found by the learned District Judge is based on non-consideration and misreading of material evidence on record and the High Court Division also did not consider that a suit for declarati..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....and the High Court Division after hearing made the Rule absolute. 3. The learned counsel appearing for the defendant No. 21 petitioner submitted that the appellate court, the final court of facts, on consideration of the evidence and other materials on record allowed the appeal and the Hi......ioner & others, Comilla……………………..Respondents Judgment May7, 2006. Cases Referred To- Md. Afaz Uddin Mollah and others vs. Md. Maizuddin Shaikh, BCR 1983 (AD) 48. Lawyers Involved: &......ter hearing made the Rule absolute. 3. The learned counsel appearing for the defendant No. 21 petitioner submitted that the appellate court, the final court of facts, on consideration of the evidence and other materials on record allowed the appeal and the High Court Division failed to con..Category: Property Law | Date: | Hits: 27
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ict Judge, 2nd Court, Noakhali in Miscellaneous Case No. 39 of 2001 restoring Miscellaneous Case No. 5 of 1998 (Pre-emption) upon an application filed under Order 9 Rule 9 CPC. 2. Brief facts are that late Munshi Aminullah, the predecessor of the respondent Nos. 1-7, filed the ab......Appellate Division (Civil) Present Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mvi. Md. Shafiqur Rahman and another ………….......Petitioners Vs. Ambia Khatoon and ......ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ..Category: Property Law | Date: | Hits: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ...... Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result: Â The petition is dismissed. Â Cases referred To- Abdur Rashim vs. Md. Rezauddin and others, 5 BLC (AD) 76; Md. Ashraf Ali and another vs. Fatiq Chandra Saha and others, 1983 BLD (A......and continued against the rightful owner but in the plant no such case of adverse possesÂsion was at all pleaded not to speak of proving such adverse possession; in the instant case there is also no evidence as to when the plaintiff started to possess adversely against real owners and when such pos..Category: Property Law | Date: | Hits: 39
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......in J Md. Tafazzul Islam J Atiqullah alias Atik ………………...Petitioner Vs. Mohammad Safiquddin being dead his heirs: Rashida Begum and others ...........Respondents Judgment August 23, 2006. Lawyers Involved: ......e suit and that finding of the appellate Court that plaintiff failed to prove his exclusive possession is based on misreading of the evidence as well as non-consideration of the material evidence, that the appellate Court upon misconception of law held that the suit is not maintainable..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & othÂers, 2007, 36 CLC (AD)
.... completion of the Project. 6. The High Court Division after hearing the parties made the rules absolute and in Writ Petition No. 8254 of 2002 held, "this Court finds that in the facts and circumstances of this case the amendments introduced in the Project Pro-forma b......esented-For Respondent Nos. 2, 5-7, 9-11, 13, 15-16, 19, 21-24, 26-28, 31 & 33-35 (In Civil Appeal No. 39 of 2005). Civil Appeal No. 38-39 of 2005. (From the judgment and order dated 29.08.2004 passed by the High Court Division in Writ Petition Nos. 8254 of 2002 an......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....ase of Sardar Gurbakhsh Singh Vs. Gurdial Singh and another reported in AIR 1927 (PC) 230 wherein it has been observed that party to the suit should be offered as witness. In the background of the facts of the instant case we are of the view that the defendant No. 2 as had no interest in the lan...... ......upon and that upon mutating his name he is paying the rent. The defendant No.1 went on appeal. The appellate Court affirmed the judgment and decree of the trial Court upon holding that no reliable evidence was led from the side of the defendant to establish that plaintiff is in possession of the..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....and the Courts are and should be relucÂtant to decide a constitution point merely as a matter of academic importance." 27. Taking into consideration of the obserÂvations noticed above and in the facts and circumstances of the case we are of the view that the subject matter of the appeal being a......l Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh repreÂsented by the Secretary Ministry of Home Affairs and another ………………Appellants Vs. Mostafizur Rahman …………………………â...... considering himself aggrieved- (a) by a decree or order from which an appeal is allowed, but from which no appeal has been preferred, and who, from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be pr..Category: Procedural Law | Date: | Hits: 107
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....o.101 dated 31.10.1995 pending in the Court of Divisional Special Judge, Dhaka, so far it relates to the accused Respondent. 2. The facts, in short, are that the accused respondent served as a Junior Accountant during the period fo......……………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers Involved: Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ..Category: Criminal Law | Date: | Hits: 62
Nantu Vs. State, 2007, 36 CLC (AD)
....or responsible for murder of the deceased but has been falsely implicated in this case out enmity and grudge. 8. The trial Court, in consideration of evidence on record as well as facts and circumstances of the case, found the accused petitioner guilty for the offence charg......, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 338 of 2006. (From the judgment and order dated 21st August, 2005 passed by the High Court Division in Criminal Appeal No. 2057 of......the prosecution witnesses, the accused on dock were examined under Section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence however did not adduce any evidence. 7. The defence case as could be gathered from the trend of cross-examination is to..Category: Criminal Law | Date: | Hits: 37
Malek Gharami Vs. State, 2007, 36 CLC (AD)
....is for arriving at a conclusion that the person in abscondence was responsible for causing the incident i.e. committed an offence like the instant one causing death of petitioner's wife. But in the facts and circumstances of the instant case we are of the view abscondence of the petitioner can v......p; Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 167 of 2004. (From the Judgment and Order dated April 19, 2003 passed by the High Court Division in Criminal Appeal No.901 of 1998......chasing Hindu property came at the locality and as such as they had no relative near about the house they stayed, being frightened left the house. 6. The trial Court on consideration of the evidence on record arrived at the finding that Tanjila Khatun wife of Malek Gharami did not commit ..Category: Criminal Law | Date: | Hits: 38
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