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Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....peal by leave is directed against the judgment and order dated 12.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonged to Shibnath Ghose pr...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others………&he......session of the same and the plaintiff never lived in suit village and never possessed the 'Kha' schedule land and the suit is barred by limitation. 4. The trial Court on consideration of the evidence adduced by the parties dismissed the suit. On appeal being Title Appeal No. 55 of 1984/78..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....87. The relief so sought is not illegally available since the decree passed in the said suit already reached finality on being challenged by the Respondent No.1 and others. In the background of the facts stated hereinbefore and the discussions made hereinabove we are of the view that the subsequ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Rasheda Begum………………….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- ......e Code of Civil Procedure on the point of res-judicata and the trial Court shall frame one of the issues as to whether the suit is barred by res-judicata and will decide the issues after recording evidence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Saleh Ahmed, Estate Officer, Bangladesh Railway……………......Appellant Vs A.P.M. Basher, Advocate and others .........Respondents Judgement February 25, 2004. Lawyers Involved:......way that the said Ministry never leased out the suit land for 99 years to the plaintiff, that the land in suit is in the possession of the Railway. 4. The trial Court on consideration of the evidence both oral and documentary, of the parties dismissed the suit. Thereupon the plaintiff wen..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....nd order dated 03.08.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 1198 of 2004 disposing the rule directing both the parties to maintain status quo. 2. The facts, in brief, are that the petitioner and others instituted Other Suit No. 101 of 1985 for eject......mirul Kabir Chowdhury J A.N.M. Gaziul Azim………………………………….....Petitioner Vs M.A. Kader and others..........................Respondents. Judgement January 1, 2005. La......ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... Title Appeal No. 395 of 1963 affirming the Judgment and decree dated 29.06.1963 passed by the learned Munsif (now Assistant Judge), 3rd Court, Tangail in Title Suit No. 63 of 1957. 2. Short facts are that the plaintiff instituted Title Suit No. 63 of 1957 in the 3rd Court of Munsif (now A......ourt of appeal below are restored. Ed. ......as granted to consider the submissions that the lower appellate court being the final court of fact having itself after thoroughly considering all the relevant documents of the parties and the oral evidence on record of six plaintiff's witnesses and four defendants' witnesses having arrived at var..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....Labour Court rejected the application of the respondent No.3 for cancellation of registration of the respondent No.1. 5. The respondent No.1 filed affidavit-in-opposition denying the material facts and contending amongst other that the petitioner not being aggrieved by the judgment of the L......1988 is allowed. Ed. ......and although the respondent No.3 contended that the petitioner company served lay off notice on 26.9.87 on the ground of shortage of raw materials and chemicals, but there is no cogent evidence before the Labour Court to hold that the notice was duly issued under the relevant provisi..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ing the direction for restoration of possession of the disputed property to the Respondent No.3 (M/s. Lazaf Commercial Company Limited) which, in any case, was an illegal and improper order in the facts and circumstances of the case, that the High Court Division was wrong in giving the direction......llip;…………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involve......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....ant Nos. 3 and 4 for the loan in question has been clearly made out in paragraphs 4 and 5 of the plaint, but the High Court Division as well as the court below upon a total non-consideration of the facts of the case and the law on the subject illegally caused the names of the defendant Nos. 3 an...... Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Sonali Bank..................................Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....lay in filing the appeal. 10. Mr. A. H. Amin learned Advocate-on-Record appearing on behalf of respondent Nos. 7 and 8 opposes the appeal contending, inter alia that the trial court considered the facts and circumstances and correctly decreed the suit. He then submits that there being inordinate ......ate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referred to- Abdul Kader......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
....and order dated 27.01.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.6213 of 2002 discharging the Rule by cancelling the ad-interim bail. 2. The facts leading rise to the leave petition, in short, are that one Md. Mojibur Rahman lodged First In......p; Amirul Kabir Chowdhury J.-The petitioner A. Motaleb Howlader seeks leave to appeal against the judgment and order dated 27.01.2004 passed by a Division Bench of the High Court Division in Criminal Miscel...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......r Rahman Shahid………………………………...Petitioner Vs The State, represented by the Deputy Commissioner, Dhaka and another…………… …...Respondents. Judgement ......esh complaint the Additional Metropolitan Sessions Judge did not commit any illegality in directing the Magistrate to send the case to the police for further investigation as it has disclosed some evidence against the accused persons. 5. Mr. Ozair Farooq, learned Advocate for the accused ..Category: Criminal Law | Date: | Hits: 102
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....n made further direction that "the re-examination and re-evaluation should be done impartially and in accordance with law". 2. The writ-petition was filed in the background of the facts that the writ-petitioner, a student of the University of Rajshahi, passed LL.B (Hon's) Exami...... Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J University of Rajshahi, represented by the Vice Chancellor............Petitioner Vs Md. Abdul Mannan Bhuiyan and others.......Respondents Judgement June 13, 2005. Cases Referred to- ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....land in suit and the Court had found in that suit that said plaintiff had no right, title and interest in the land in suit which is the subject matter of the instant suit. In the background of the facts of the instant case the trial Court as well as the appellate Court while considering the ques......rt Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hassan J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referr......n error in decreeing the suit on the basis of Exts. 4 and 6 (judgment and decree in Title Suit No. 626 of 1975 and in Title Appeal No. 92 of 1979 respectively) considering them as the good piece of evidence in support of the claim of title of the plaintiff and that appellate Court having had exp..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
.... on the face and head of Chapa through the window as per explanation given by the accused persons, the High Court Division erred in law in allowing the appeals ignoring series of incriminating facts and circumstances brought on record establishing guilt of the accused respondents and that t......reme Court Appellate Division (Criminal) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State............Appellant Vs. Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evide......ccused in the same house the accused is to explain how the death occurred. ……………………………..(29) In view of positive evidence that the blood‑stained lungi was that of accused Zahirul Alam Kamal, he cannot be ab..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....n for leave to appeal is directed against the judgment dated 7-12-2000 passed by a Division Bench of the High Court Division in Criminal Revision No. 289 of 1999 discharging the Rule. 2. The facts, leading to this petition, are that complainant-respondents filed a petition of complaint on ...... Present Mainur Reza Chowdhury J K.M. Hasan J Syed J. R. Mudassir Husain J Abdus Salam alias Md. Abdus Salam................Petitioner Vs. Samala Bibi and others.........Respondents Judgment May 22, 2002. Lawyers Involved: ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 37
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
.... appeal is directed against the judgment and order dated 06.03.2002 passed by a Division Bench of the High Court Division in Writ Petition No.5226 of 2000 making the Rule absolute. 2. Short facts are that the petitioner was elected as Chairman of Nazirpur Union Parishad, Upazilla-Muladi, ...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, and others.....Petitioners. Vs. Md. Fariduddin Talukder.................ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ..Category: Civil Law | Date: | Hits: 104
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....ty-petitioners seek leave to appeal against the judgment and order dated 18.08.2002 passed by the High Court Division in Civil Revision No. 2429 of 1998 discharging the rule. 2. The relevant facts for disposal of this petition, in short, are that one Mossammat Ambia Khaton as the plaintiff......Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Hossain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Faruque Reza and another..............Petitioners. Vs. Most.Hossena Ara Begum and others................is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......ed. Ed. ......on or not. We find from the judgment passed in the appeal and in the Civil Revision that the plaintiffs proved their possession in the suit land for a long period. The appellate court discussed the evidence elaborately on this point and came to a definite finding about the possession of the plai..Category: Procedural Law | Date: | Hits: 113
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... learned Advocate-on-Record for the respondent submits that the accused petitioner respondent Omar Ahmed is already dead but other accused in the case are facing trial. 11. Therefore, in the facts and circumstances of the case and in view of the discussion made above, we are of t...... 2004. Judgment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 188...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
....udgment and order dated 19.7.2006 passed in Civil Revision No. 4654 of 1998. In all the civil revisions the Rules were discharged.
2. In respect of the above Civil Petition Nos. 95 and 96 of 2007 facts in short are that Biswajit Dutta (Bhulu),as plaintiff No. 2, instituted the above Title Suit......2008) 24, 19 BLT (AD) (2011) 07.
......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
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Category: Civil Law | Date: | Hits: 111
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