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Nantu Vs. State, 2007, 36 CLC (AD)
....the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......the learned Advocate for the petitioner have got no merit. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 174 ......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..Category: Criminal Law | Date: | Hits: 37
Malek Gharami Vs. State, 2007, 36 CLC (AD)
.... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ......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..Category: Criminal Law | Date: | Hits: 38
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....d the appeal. 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) 169. ......d the appeal. 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) 169. ......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 ..Category: Criminal Law | Date: | Hits: 41
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
.... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ......ion of the evidence on record arrived at a conclusion that the trial Court failed to sift the evidence on record and arrived at an erroneous conclusion and thereupon rejected the death reference in question and allowed the criminal appeal and jail appeal. 13. Being aggrieved and dissatisfi...... 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..Category: Criminal Law | Date: | Hits: 44
Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)
....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. ......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. ......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..Category: Civil Law | Date: | Hits: 88
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
....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. ......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. ......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..Category: Alternative Dispute Resolution | Date: | Hits: 207
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ...... 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..Category: Property Law | Date: | Hits: 38
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
.... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ......een the respondent and others in favour of whom the rule for import of car of above 5 years old was allowed. The High Court Division is not, as a matter of fact, to decide as to whether the import in question is of 5 years or more than that as have been found by the authority entrusted upon to det...... appeal is allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 123 ; 12 BLC (AD) (2007) 44; 12 MLR (AD) 2007, 122; 19 BLT (AD) 2011, 28, 8 LG (AD) (2011) 28. ..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....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. ......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. ......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 ..Category: Employment/Service Law | Date: | Hits: 86
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......personnel for eviction of the appellant, herein petitioner, from the property of M/S. Lazaf Commercial Corporation Ltd. at 40, Shaheed Saifudding Khaled Road, Chittagong. 2. The property in question was taken over by the Government as abandoned property. The petitioner accepting the prop......und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ..Category: Property Law | Date: | Hits: 36
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ...... was on the basis of licence granted by the pre-emptee appellant for a temporary period on compassionate ground. 7. The learned Advocate-on-Record for the respondent submitted that the question of admissibility of Ext. A, B and C did not arise at all in as much the sale deeds were ex......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..Category: Property Law | Date: | Hits: 21
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....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. ......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. ......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..Category: Business or Commercial Law | Date: | Hits: 110
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ...... said judgment and decree were genuine and valid by calling and producing the relevant suit register and the record of the said suit but they failed to do so. 10. Against this backdrop, the question that falls for consideration is whether the learned Single Judge was correct in law in dis......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..Category: Property Law | Date: | Hits: 35
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......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..Category: Criminal Law | Date: | Hits: 43
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....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. ......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. ......- 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..Category: Criminal Law | Date: | Hits: 36
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....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. ......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. ......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 ..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......n fact passed as a measure of punishment. However the High Court Division made the Rule absolute holding that the decisions reported in 46 DLR (AD) 1 and 47 DLR (AD) 66 are quite consistent on the question of the legal and factual implication of an order of termination simpliciter and that thoug......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..Category: Employment/Service Law | Date: | Hits: 71
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ......igh Court Division discharging the Rule in Civil Revision No. 2637 of 2005. 2. The facts, leading to this petition, are that the respondent No. 1 as plaintiff instituted Title Suit N..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......98 on 20.9.1998. But the Rule nisi was discharged on 10.5.1999. Mr. Habibul Islam Bhuiyan, learned counsel for the petitioner, submits that the High Court Division did not apply its mind to the facts and circumstances of the petitioner's case and failed to appreciate that the petitioner in c..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ......e the Rule absolute and thereby decreed the suit of the plaintiffs in amended form. 3. The learned counsel for the petitioners submits that the lower appellate court, the final court of facts, having found that the suit land has not been specified and that the consideration money of t..Category: Property Law | Date: | Hits: 25
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