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Md. Atiar Rahman, Ex-Chairman, Trimohini Union Parishad Vs. State, 2007, 36 CLC (AD)
.... and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ......t of the High Court Division is based on correct appreciation of facts, evidence and law and does not warrant interference by this Court. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 444. ...... A. F. M. Mesbahuddin, Senior Advocate, instructed 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 C......ions 409/467/471 and 109 of the Penal Code read with Section 5(2) of Act II of 1947 and sentenced him to suffer 2 (two) years rigorous imprisonment with fine as stated above which is not tenable in law and liable to be set aside. 10. It appears that the High Court Division after assessmen..Category: Criminal Law | Date: | Hits: 34
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
.... further submission that the High Court Division acted illegally in acquitting the accused respondents without referring to and considering the evidence on record causing serious miscarriage of justice. 6. We have heard Mr.Mohammad Ali Akanda, the learned Deputy Attorney General for the app...... record, we are of the view that the prosecution has not been able to prove the case against accused Selim Bepari @ Anwar Hossain Selim, Respondent No. 1 in Criminal Appeal No. 44 of 2000 and he is accordingly acquitted. The appeal as against him is dismissed. 16. From our above discussion we a......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 Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by ......y from them. Over the same matter relation between them became strained and inspite of a salish the money was not recovered. On 12.12.1991 at about 9.00 A.M. in the morning accused Azahar, brother-in-law of accused Salim went to the dwelling house of victim Majibur Rahman and called him out of the h..Category: Criminal Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....and the petitioners executed a power of Attorney in favour of Abdul Alim to file cases, make tabdir and to swear affidavit etc. on their behalf. 18. The petitioners served a demand of justice notice upon the respondents on 22.10.2003 requesting them to restore possession of the hold......nd after her nickname "Flora". Monowara Islam could not run the said restaurant, as such, the same was rented to the respondent No. 4 for one year at a rent of Tk.350/-on daily basis and accordingly a written agreement was executed and signed on stamp papers on 1.7.1991. Said responden......d of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659 dated 6.4.1990 and was possessing the same by mutating her name in the S.A. Khatian and paying rent to the Government. Monowara Islam after taking allotment started a Restaurant named Flora Restauran......thers were made parties. The Magistrate thereupon appointed the officer-in-charge of Motijheel Police Station as the Receiver of the said property by an order dated 20.11.1997 to maintain the law and order situation. Monowara Islam and her tenants filed several applications for staying..Category: Criminal Law | Date: | Hits: 32
Basiruddin Vs. Md. Moslem Uddin and others, 2007, 36 CLC (AD)
....rongly 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 correct the mistake, thus causing miscarriage of justice; that the Courts below failed to consider the registered deeds of agreement to reconv......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. ......Bhuiyan, Advocate-on-Record- For the Petitioner. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 199 of 2006. (From the judgment and order dated the 23rd March, 2005 passed by......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. ..Category: Property Law | Date: | Hits: 19
Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)
....eration of material evidence on record or misconstruction of any document or that finding are perverse and contrary to law or evidence resulting in an error in the decision occasioning failure of justice, the concurrent findings can not be interfered with by the revisional Court under Section ......ssion in respect of the suit land stating, inter alia, that the suit land originally belonged to 3 (three) brother namely, Hashimullah, Nashibullah and Thandai Ullah and they were in possession and accordingly record of right were prepared in their name and they enjoyed the property by digging dob......: 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 law or evidence resulting in an error in the decision occasioning failure of justice, the concu...... 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 law or evidence resulting in an error in the decision occasioning failure of justice, the concur..Category: Property Law | Date: | Hits: 21
Anti-Corruption Commissioner Vs. Fazlur Rahman and others, 2008, 37 CLC (AD)
.... so advised, may take step disposal of the Rule expeditiously. The Petition for leave to Appeal is accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 411. ......g the authority to issue the said annexures. 5. The parties to the writ petition, if so advised, may take step disposal of the Rule expeditiously. The Petition for leave to Appeal is accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 411. ......ate (appeared with the leave of the Court), instructed by Toufique Hossain, Advocate-on-record-For Respondent No. 1 Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 54 of 2008 (From the order dated 18th November, 2007 passed by the High Court ......5 ZvwiL 8/7/2007 is stayed till disposal of the aforesaid writ petition but the prayer for stay as regard the Annexure-A-1 to A-4 is rejected since the learned counsel could not refer to any law authorising the authority to issue the said annexures. 5. The parties to the writ petiti..Category: Others | Date: | Hits: 75
M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)
....48 for which Civil Court has no jurisdiction to entertain the suit but the High Court Division on mistaken view of the law summarily rejected the revisional application occasioning failure of justice and as such the impugned judgment and order is liable to be set-aside. 5. We have co......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. ...... Lawyers Involved: Faruque Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1350 of 2005 (From the judgment and order dated 25.6.2005 passed by the High C......ed under section 14(A) of the (Emergency) Requisition of Property Act, 1948 for which Civil Court has no jurisdiction to entertain the suit but the High Court Division on mistaken view of the law summarily rejected the revisional application occasioning failure of justice and as such the im..Category: Property Law | Date: | Hits: 31
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
.... 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. 7. We are not impressed by the submissions of Mr. Kazi Shahadat Hossain. In th......t the High Court Division upon correct assessment of the materials on record arrived at a correct 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) 407. ...... Shahadat Hossain, Senior Advocate, instructed by Md. 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 Co...... and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This C..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....right, title, interest in schedule property in favour of all the respondents by the impugned judgment and decree committed error of law resulting in the error in the decision occasioning failure of justice and erred in discharging the Rule. 7. We have perused the record of the case, impug......tiff-petitioners from the defendant No.1 by a kabala No.1199 dated 13.03.1961. The plaintiff-petitioners by the above sub-kabala also acquired the right of accretion to the said purchased lands and accordingly the plaintiff-petitioners acquired title to 8 chhataks of south-western part of P......Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate- on-Record- For Respondent No. 13. Not represented- Respondent Nos. 1-12 and 14-25. Civil Petition for Leave to Appeal No.133 of 2006 (From the judgment and order dated the 20th November, 2005 passed b......No. 1246 from the schedule of that pending partition suit by a petition, consequently the plaintiff-petitioners got the filing of partition suit in this respect on 26.03.1976 through his concerned lawyer and found that defendant No. 1 by a petition without supply of any copy to the plaintif..Category: Property Law | Date: | Hits: 25
Md. Abdur Rahman and others Vs. Md. Nazrul Islam and others, 2007, 36 CLC (AD)
.... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 395. ...... at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 395. ...... Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdur Rahman and others............Petitioner Vs Md. Nazrul Islam and others........Respondents Judgment October 30, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For ......said Execution Case within 1(one) month from the date of receipt of the order mainly on the ground that the petitioners were third party to the said Execution Case and as such they had no right in law to stay the execution case. 4. Mr. Md. Nawab Ali, the learned Advocate-on-Record for the..Category: Property Law | Date: | Hits: 23
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. ......rial Court finding plaintiffs title and possession over the land. The plaintiff being aggrieved by the dispossession put of the suit land filed the suit for recovery of possession and the trial Court accordingly considering the evidence on record order for recovery of possession. 7. The High Cour...... A.J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 601 of 2005 (From the judgment and order dated the 22nd March, 2005 passed by the H......sider the evidence on record but affirmed the findings of the trial Court in holding that the trial Court considered properly the evidence and other materials on record although there is error of law by the trial Court in not considering the Exhibit-'Ga’ and misreading of evidence of D.W.2 and..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
.... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ......dgment November 6, 2007. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 626 of 2005 (From the judgment and order dated the 8th December, 2004 passed b......us application. In his written objection respondent No.1 stated that he is in possession of the case land; the petitioner had knowledge of the transfer since the vendor is his full brother-in-law who offered to sell the disputed land to the petitioner and his brother. But they expresse..Category: Property Law | Date: | Hits: 20
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......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.......................Respondents Judgment August 14, 2006. C......t it was not proved that there was offer and acceptance and delivery of possession, that the finding of the High Court Division that the deed of gift is forged and fraudulent is not sustainable in law. 9. The submissions so made merit no consideration since the High Court Division as well..Category: Property Law | Date: | Hits: 37
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ...... arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 92. ......ner, Magura and others..................... ............Respondents Judgment February 26, 2006. Case Referred to: Kala Meah vs. Faiz Ahmed, 2 MLR (AD) 218. Lawyers Involved: Khondoker Mah......it is hit by the principle of res judicata. 6. We are of the view that the High Court Division, on proper consideration of the materials on record and applying the correct principle of law as applicable in the present suit, arrived at a correct decision and there is no cogent reason ..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....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. ......da, learned Advocate for the petitioners, submits, inter alia, that the High Court Division committed error in the decision in failing to consider that construction without obtaining sanction according to the provision of section 3 of the Building Construction Act, 1952 is unauthorised and,....... Rafiqul-ul-Haque, Senior Advocate (Moudud Ahmed, Senior Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 20 of 2006. (From the judgment and order dated 9-5-2005 passed by the High Cou......y RAJUK for a long time but directed payment of 10 times of the fees for the sanction. 12. The High Court Division appears to have considered the facts and circumstances and the provision of law elaborately and thus have given the direction. 13. We have perused the judgment and ord..Category: Property Law | Date: | Hits: 27
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......he above miscellaneous case asserting that summons were duly served upon the defendants and the notices were also sent upon the defendants by registered post which being refused by the defendants, according to law, were deemed to have been served upon the defendants. The learned Subordinate Judg...... Kabir Chowdhury J Hyder Ali Mia (Md)..................Appellant Vs. Razia Begum and others.........Respondents Judgment February 8, 2006. Cases Referred to: Abul Khair Mia vs. Abdul Latif Sardar, 32 DLR (AD) 167; Mofazzal Molla and another vs. P......cellaneous case asserting that summons were duly served upon the defendants and the notices were also sent upon the defendants by registered post which being refused by the defendants, according to law, were deemed to have been served upon the defendants. The learned Subordinate Judge (now Joint ..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......laintiff approached the Revenue Authority for setting aside the Miscellaneous case but the Revenue Authority at the upazila level directed the plaintiff to file appeal as against the order and accordingly, the plaintiff filed appeal before the Additional Deputy Commissioner (Revenue) bu......l Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Referred to: 39 DLR 339; 32 DLR 75; Sufia Khanam Chowdhury vs. Faizun Nesa Chowdhury, 39 DLR (AD) 46;......oresaid contention of the plaintiff-petitioner it was contended on behalf of the defendant-opposite party that because of the provision of Order XXI, rule 98 of the Code of Civil Procedure and the law enunciated in 39 DLR 339 and 32 DLR 75 in the suit for specific performance of contract filed b..Category: Property Law | Date: | Hits: 31
Abu Sayed (Saked) Vs. State, 2006, 35 CLC (AD)
.... when the nature of the crime is ghastly. In that view of the matter, the sentence awarded the condemned prisoner Abu Sayed appears to us harsh and therefore, we are of the view that ends of justice will be met if the sentence awarded to the condemned prisoner is reduced to imprisonment f......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ...... February 12, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondent. Criminal Petition for Leave to Appeal No. 144 of 2004. (From the judgment and order dated 7-1-2004 passed by the High C......e case we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 55; 12 MLR (AD) 2007, 101. ..Category: Criminal Law | Date: | Hits: 99
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......s for the same property and the suit was decreed and more so, the said judgment was affirmed in Title Appeal No.96 of 1953 and that the defendant-petitioners enjoyed possession of the suit property according to the judgment and decree of the said partition suit and so the allegation in the present......ed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Mustari Bibi and others..............Petitioners Vs. Md. Yusuf and others... .........Respondents Judgment October 15, 2006. Lawyers Involved: A J Mohammad Ali, Senior Advocate, instructed by Mahmuda Be......e Rule. 7. Hence is this petition. 8. Mr. AJ Mohammad Ali, learned Counsel appearing on behalf of the defendant-petitioners, submits, inter alia, that the High Court Division committed error of law failing to consider that the predecessor of the defendant-petitioners filed Partition Suit No. 3..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....zlul Huq and others reported in 49 DLR (AD) 151 it has been held that the revisional power of the High Court Division, being a supervisory power, may be exercised even suo motu in the interest of justice and so the High Court Division is not obliged to hear the parties before pronouncing its ve......e parties the petitioners remained completely in the dark about the said order but however, from the cause list the petitioners came to know that the case was fixed on 20-11-1991 for final hearing: accordingly, on 2-11-1991 the petitioners filed an application praying for relieving them of the p......nother...............................Petitioners Vs. Syed Madassir Ali and another...............................Respondents Judgment July 16, 2006. Cases Referred to: 4 BLC (AD) 102; 2001 BLD (AD) 236; 44 DLR 242; 2003 BLD 158; Safaruddin and others vs.......il Revision No. 14 of 1992 and also obtained an order of stay for 3 months which was subsequently extended till disposal of the Rule; the petitioner being of the impression that their sole engaged lawyer Mr. Jitendra Narayan Deb was looking after the above civil revision and was taking all neces..Category: Trust/Waqf Law | Date: | Hits: 199
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