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Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....e to indiscriminate injuries caused by the miscreants who came there just to rape the informant victim. 7. The learned trial court, in consideration of the evidence on record as well as facts and circumstances of the case, found the accused including the accused petitioner guilty for ......Ali, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 110 of 2004. (From the judgment and order dated 28.3.2004 passed by the High Court Division in Criminal Appeal No.870 of 1995). ......m informant met with death due to indiscriminate injuries caused by the miscreants who came there just to rape the informant victim. 7. The learned trial court, in consideration of the evidence on record as well as facts and circumstances of the case, found the accused including the ..Category: Criminal Law | Date: | Hits: 41
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ...... Rahman ………………......Respondent Judgment January 15, 2007. Trial of Cross Cases It is well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The t......well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The trial court, in such cases, should be on its guard so that the evidence of one case is not imported into the other and thereby divert the course of justice to a w..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
.... made any dying declaration as alleged, but they have been falsely implicated in the case out of enmity and grudge. 9. The trial Court, in consideration of the evidence on record as well as facts and circumstances of the case, found the accused-appellants and another guilty for the o......ul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J The State ……………………….Petitioner Vs. Abdus Sattar and others .........Respondents Judgment April 3, 2007. Lawyers Involved: ......ecution, nor the deceased ever made any dying declaration as alleged, but they have been falsely implicated in the case out of enmity and grudge. 9. The trial Court, in consideration of the evidence on record as well as facts and circumstances of the case, found the accused-appellant..Category: Criminal Law | Date: | Hits: 44
Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)
....lling for interference by this court. 5. We have heard Mr. Nawab Ali and considered all the points raised and involved in the matter and we are not impressed by the submissions. In the facts and circumstances of the case, we are of the view that the High Court Division upon corr....... Mahbub Hossain ……………………………….........Respondent (In Civil Petition No. 1365 of 2003) Mahbub Hossain and others…………….........Respondents (In Civil Petition No. 331 o......n. There is therefore no warrant in law to interfere with the same. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 147. ..Category: Civil Law | Date: | Hits: 88
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
.... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ......t Appellate Division (Civil) Present Mohammad Fazlul Karim J Md. Joynul Abedin J Most. Rashida Khatun ..........Appellant Vs. Sakina Begum and others…....Respondents Judgment May 24, 2007. Lawyers Involved: ......ate, appearing for the appellant submits that the Single Bench of the High Court Division erred in law in not considering that the Court of appeal below failed to consider the documentary evidence exhibit Nos.6 and 7 and the cross examination of the D.W 1 that he erected the struct..Category: Property Law | Date: | Hits: 24
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
....min J. - By these petitions the petitioners seek review of this Court's judgment dated 11.01.2004 passed in Civil Appeal Nos.259-261 of 2001 dismissing the appeal with modification. 2. Short facts are that the Land Acquisition Collector, Dhaka under the provisions of the Acquisition and R......m J Atik Ullah & another……………......Petitioners (In all cases) Vs. Government of the People's Republic of Bangladesh, represented by Land Acquisition Collector, Dhaka & others ………….....Respondents (In ......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ..Category: Alternative Dispute Resolution | Date: | Hits: 207
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....oint out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 136. ...... Supreme Court Appellate Division (Civil) Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Swapan Roy and others……………........Petitioners Vs. Shashadhar R......her connected papers. 6. The trial court and appellate court upon consideration of the materials on record concurrently held that the plaintiffs could not prove either by documentary of oral evidences, their title in the suit land rather the evidence on record is that they were barga cult..Category: Property Law | Date: | Hits: 23
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......t Appellate Division (Civil) Present Mohammad Fazlul Karim J Md. Joynul Abedin J Rahmat Ali being dead his following substituted heirs; Md. Abdur Rashid and others.……….. Petitioners Vs. Md. Abdul Gani and others ...........the findings of fact of the final Court of fact only in exceptional circumstances when the findings are shockingly perverse or these are vitiated by non reading and misreading of the material evidence or misconception of any important document affecting the merit' of the case. The learned A..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
.... another co-sharer in possession thereof shall be given to the plaintiff by demolishing the constructions. The view taken in that decision is squarely applicable in the present case. From the facts and circumstances and the undertaking given by the defendant before this Court by filing......l Karin J MM. Ruhul Amin J Faiz Ahmed Chowdhury……………………....Plaintiff-petitioner. Vs. Alhaj Shamsul Huda Chowdhury and others ......Defendant-respondent Judgment May 14, 2007. Cases Referred T......ion was wrong to grant permission to construct a building upon the land in possession of the defendant and as such his decision merits interference by this Court; that without any documentary evidence of the parties regarding exclusive possession of the defendants in the suit land, the High..Category: Property Law | Date: | Hits: 38
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....ve to appeal is directed against the judgment and order dated 08.12.2004 passed by a Division Bench of the High Court Division in Writ Petition No. 4332 of 1999 making the Rule absolute. 2. Short facts are that the writ-petitioner along with others joined the B.I.W.T.A in Hydrography Department ...... is also Reported in: V ADC (2008) 120. ......he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ......ADC (2008) 115. ......se of the suit land by the ex-Zaminder and getting delivery the possession of the same and the subsequent Pattan given to the Ibrahim Mondal, the predecessor of the defendants having been proved by evidence oral and documentary nothing remained with Manjony Bibi, either to make oral gift to Saye..Category: Property Law | Date: | Hits: 27
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....sibility of Ext. A, B and C did not arise at all in as much the sale deeds were executed and registered during the pendency of the pre-emption case and the appellate court, the final court of facts, having found that the sale deeds were collusively created in the name of fictions persons re......llate Division (Civil Present Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Wazed Sharif .......................Appellant Vs. Shudhir Ranjan Biswas and others ... Respondents Judgment March 15, 2007. Cases Referred To- ......d further after purchasing the property the preemptee developed the case land by felling earth at the cost of Tk. 15000/-. 4. The learned Munsif (now Assistant Judge) on consideration of the evidence and also three certified copies of the registered sale deeds, Exbt. A, B and C found ..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ...... Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not represented- the Respondent. Civil Appeal No. 03 of 2000 (From the judgment and order dated 29.11.1993 passed by the High Court Division in First Appeal No.238 of 1991). ......d in terms of the contract as the forfeiture of the earnest money was in accordance with the terms of the contract concluded between the parties. 4. The trial court, on consideration of the evidence on record, decreed the suit. 5. The defendant went in appeal being First Appeal No...Category: Property Law | Date: | Hits: 33
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....ioner, was not responsive and the impugned judgment is therefore liable to be interfered with by this court. 13. We are not impressed by the submissions of Mr. Rokanuddin Mahmud. In the facts and circumstance of the case, we are of the view that, except the single economic unit p...... J Amirul Kabir Chowdhury J Md. Joynul Abedin J St. Electronics (Infer Software System) Pvt. Ltd..................Petitioner Vs. Patimas International Sdn Berhad and others……….....Respondents Judgment June 6, 2007. La......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ...... (Civil) Present Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank ..................................Appellant Vs. Md. Zalaluddin and others ……….....Respondents Judgment February 1, 2007. ...... not disclosed to the respondent No.1 although in the show cause it was alleged that the instructions given in those circulars were violated by the respondent No.1 and before the inquiry officer no evidence was also led showing violation of instructions and the enquiry officer also did not record..Category: Administrative Law | Date: | Hits: 104
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....utation of the names of the said defendants and receipt of rents from them by the concerned authority in the Government. 6 The leave, thereafter, was granted to consider whether, in the facts and circumstances of the case, the learned Single Judge of the High Court Division acted......(Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Divisional Forest Officer, Dhaka ..............Appellant Vs. Md. Shahabuddin and others...............Respondents Judgment March 21, 2007. Case Referred...... name of the Forest Department of the Government is illegal as it was never acted upon and the suit is liable to be dismissed. 4. The learned Assistant Judge after consideration of the evidence and materials on record decreed the suit. Defendant Nos. 2 and 3 thereafter preferred T.A...Category: Property Law | Date: | Hits: 35
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....d 4 passed the impugned judgment and convicted the petitioners. 16. The High Court Division in its turn found them guilty in consideration of evidence on record. However considering the facts and circumstances of the case the High Court Division took a lenient view and altered the ju...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Asgar Ali alias Asgar and others..........Petitioners Vs. The State……………Res...... the informant Jamal Uddin and Jahurul who were assaulted by the dacoits and that out of previous enmity the accused persons have been implicated in the case falsely. 6. After recording evidence of the witnesses the petitioners and other accused were examined under Section 342 of..Category: Criminal Law | Date: | Hits: 43
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....- Md. Tofeil Ahmed informant-petitioner seeks leave to appeal against order dated 30.03.2006 passed by a Division Bench of the High Court Division in Criminal Appeal No. 4561 of 2003. 2. The facts, in short, are that on 06.04.1997 at about 10.30 RM. one Shah Alam Babul along with his other......nt: Syed J.R. Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Tofeil Ahmed …………….Petitioner Vs. Md. Alauddin and another........Respondents Judgment July 2, 2006. Lawyers Involved: ......nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ..Category: Criminal Law | Date: | Hits: 36
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....peal are directed against the judgment and order dated 23.11.2002 passed by a Single Bench of the High Court Division in Civil Revision Nos. 258 & 259 of 1998 discharging the Rules. 2. Short facts are that one Mogol Bibi, an old lady of 90 years, instituted Title Suit No. 38 of 1988 and 39 ......n Sultana ..........Petitioner (In both the cases) Vs. Mosammat Sahera Khatun & another........... Respondent(s) (In both the cases) Judgment March 27, 2007. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-F......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....Court Division wrongly relied on the decision reported in 46 DLR (AD) 1 ignoring the subsequent decision on the same point of law as enunciated in the decision reported in 47 DLR (AD) 66; the facts and circumstances of the case reported in 46 DLR (AD) 1 on which the High Court Division rel......afazzul Islam J Rafique Ahmed…………………….Petitioner Vs. Managing Director, Bangladesh Overseas Employment & Service Ltd. and others.......Respondents Judgment May 16, 2006. Cases Referred to- 4......of the plaint of the present suit allegations of malafide were made but the law requires that mere allegation of malafide is not enough and such allegation has to be substantiated by adducing evidence and further though in paragraphs 6 and 8 of the plaint the petitioner alleged conspir..Category: Employment/Service Law | Date: | Hits: 71
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