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Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....and the evidence of the doctor holding authority on the dead body of the victim on certain point is an irritating question but the Court can prefer the evidence of the eye-witness if there be no reasonable ground to disbelieve the eye-witness. Conviction in the absence of charge Al......ing of the house and some of them namely, Joynal Abedin, Sobhan, Wadud, Ramjan and Anwar assaulted Aftabuddin inside his house with lathis and other weapons causing multiple injuries. A doctor was called in from Gaibandha town who advised immediate removal of the injured Aftabuddin to the hospit......e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
....). Judgment Md. Ruhul Amin J.- This appeal, by leave, is from the judgment and order dated August 31, 1997 passed by the High Court Division in Writ petition No. 41 of 1993 making the rule absolute declaring the judgment of the Court of Settlement dated December 24, 1992 in case No. 397 of ......hman left erstwhile East Pakistan for the then West Pakistan leaving behind the case property as well as other properties without making any arrangement for its management and possession, that the so called deed of agreement was executed by Mr. Wali Mohammad through his attorney Abdur Rahman sitting...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....rsquo;s Republic of Bangladesh, 1972, Article 78 Participation or non-participation by a member of Parliament in any Parliamentary proceedings and making deliberation in Parliament is his personal matter. Therefore the High Court cannot compel the respondents to attend sessions of Parliame......ot, whether respondent Nos. 3-5 are persons within the meaning of Article 102 of the Constitution or not, as to whether the continuous absence from Parliament without leave of the Parliament can be called in question by the petitioner or not". 16. As to locus standi of the writ petit......4 "yet they are illegally drawing salary, enjoying house facility, daily allowance, different allowances, car facilities, telephone facilities and other benefits and thereby causing financial loss to the people and the Republic of Bangladesh illegally and unjustly", that the respondent..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....e house to be constructed thereon. Accordingly, the appellant advanced loan to the members of the public on mortgage of properties and earned income from "Interest on Mortgage" along with some income derived from "interest on Government securities" and from "business......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......counting for computation of the income. He made the assessment on the basis of mercantile system which was abandoned by the appellant, on an income of Tk. 59,04,307/- against the Returned loss of Tk. 4,22,667/-. This was done, according to the appellant, in disregard of the requirements..Category: Fiscal/Taxation Law | Date: | Hits: 102
State Vs. Abul Kashem, 1985, 14 CLC (AD)
....ffence is punishable only with fine, by any of the three methods, such as by issuing Distress warrant or by referring the matter to the Collector of the District or by committing the offender to prison…………..(7) The Courts while sentencing a person to fine ...... Shahabuddin Ahmed J.— In this appeal by special leave, at the instance of the State, the legality of the High Court Division's order of acquittal in revision has been called in question. The main question is whether the act and conduct of the accused persons, even i...... In the result, the appeal is allowed, the High Court Division's order is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 37 DLR (AD) 91. ..Category: Criminal Law | Date: | Hits: 39
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....tatement it was stated that Jogesh Chandra Das, a senior Pleader of Sylhet, having suffered a stroke of paralysis left for Calcutta for better treatment. During his illness he incurred some debt. As he was required to clear off the debts he transferred his residential house along wit......President, the Governor is pleased, in exercise of all powers enabling him in that behalf, to make and promulgate the following Ordinance, namely:— 1. (1) This Ordinance may be called the East Bengal State Acquisition and Tenancy (Fourth Amendment) Ordinance, 1961. ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Huq alias Kakor was returning from the market after purchasing two heads of cattle. When he reached a field at a place called Nailapukur for Barinda Mouza, he was attacked by the condemned prisoner and his accomplice, namely Abbas Ali, alias Boga. The assailants gave him stab injuries causi......ution case, in brief, is that on the night following 19.09.1998 Mozammel Huq alias Kakor was returning from the market after purchasing two heads of cattle. When he reached a field at a place called Nailapukur for Barinda Mouza, he was attacked by the condemned prisoner and his accomplice, ......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..Category: Criminal Law | Date: | Hits: 45
....ience is not in their favour and they were not entitled to an order of injunction etc. The defendants' further case is that they have been running their "Maxi Service" obtaining oral permission and also with the consent of the District Administration providing improved service to all classes of pass......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......jection denying the material averments made in the application contending, inter alia, that the suit was not maintainable; that the plaintiffs had no arguable case and will not suffer any irreparable loss and that the balance of convenience and inconvenience is not in their favour and they were no..
Category: Civil Law | Date: | Hits: 118
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
.... Unnayan Kartripakkha passed a revised plan under Memo No. RAJUK/NAA3-C/1678/96/2275 dated 23.09.1998 approving the market as a 4(four) storied one. 4. In the revised plan there were also no provisions for car parking space. Even then the market authority maintained car parking ......ounsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 18. In view of the facts and circumstances of the case no leave is called for, however, since admittedly the petitioners are tenants under the respondents and since i......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ..Category: Property Law | Date: | Hits: 38
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....tion was not an abandoned property was squarely upon the claimant and the government had no obligation to disclose the basis of treating the property as an abandoned property. Leave was also granted to consider whether the High Court Division fell into an error in holding that the prop......h oral and documentary, may make such decision as it deems fit. In the instant case, the Court of settlement made inquiry to ascertain genuineness of the deeds of agreement. The Court of settlement called for the relevant file of Housing and Settlement Department and found that the signature of ...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....peal by leave by the plaintiff appellants is from the judgment and order dated 20.7.93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 2199 of 1993 making the rule absolute. 2. The relevant facts are that the plaintiff appellants got a contested decree of permane......ant appellants could not explain the delay, specially for the period from 1.1.92 to 8.1.92, and that they also failed to show sufficient cause preventing them from appearing in the appeal when it was called on for hearing. Being aggrieved defendant No. 4(ka) - petitioner respondent No. 1 moved the H......High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338...Category: Limitation Law | Date: | Hits: 166
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....hy;ing no subsisting right to the suit fisheries has no prima facie case for injunction. Secondly, whether the question of convenience and inconvenience for granting temporary injunction was also against the plaintiff in as much as no irreparable loss or injury would be suffered by him, whi......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......those beels for 3 years from 1401 to 1403 B.S. Due to certain litigations the Government could not hand over possession of all the beels to him for the said lease period and thereby he faced great loss. In the circumstances, he prayed for lease of the said fisheries for another 3 years from 1404..Category: Property Law | Date: | Hits: 34
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....y the plaintiff, following leave, is directed against an order of remand dated 28 August 1994 made by a single Bench of the High Court Division in Civil Revision No. 8110 of 1991 making the Rule absolute after setting aside the concurrent judgment and decree of the Courts below in Other Class Su......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......igh Court Division to interfere with the concurrent decision of the two courts below and send back the case to the lower appellate court for disposal of the appeal on merit. 10. We are at a loss to see how the High Court Division could set aside both the decrees of the courts below and a..Category: Procedural Law | Date: | Hits: 63
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
....of the High Court Division in Criminal Appeal Nos. 389 and 579 of 2000 dismissing the appeals preferred by convict-appellants Faruque @ Jamai Faruque and L. M. Liakat Ali Lasker. The trial court also made reference to the High Court Division for confirmation of sentence of death passed in respec...... in order to get rid of Sonadanga Police Station Case No. 26 dated 26.02.1995 lodged by one Taslimuddin @ Babul for the murder of one Muslim and also to file a counter case, victim Joynal Khan was called in, in front of Free Primary School situated in Ghat No. 5, Khulan and Ershad Ali Sikde...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..Category: Criminal Law | Date: | Hits: 45
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....nd enjoyment of the lands, they were not given any compensation as the officials of the Deptt. rejected their claim and the papers on which the claim was made. Subsequently the owners of the lands sold the same to the appellant who had entered into previous agreements for sale. As the kabalas we......Nos. 1311, 1312, 1313, 1314, 1315, 1323, 1326, 1330, 1345, 1362 and 1366 (measuring 6.97 acres). Notice under section 3 of the East Bengal (Emergency) Requisition of Property Act, 1948, hereinafter called the Act, was issued on 13 June 1967. The Requisitioning authority took over possession of th...... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
.... 4. Defendant-respondent No. 1 in the written statements denied the material assertions of the plaint and asserted, inter alia, that the suit was beyond the term of insurance policy. The suit was also barred under Article 8 of the insurance policy. The public power supply failed on 29.11.88 due ......ned a number of over writings erasures, interpolations etc. Which has been admitted by P.W. 1 himself on cross examination. Exhibit ‘Ta' produced by the local power development board officer called for by the court at the instance of the defendant, snowed that the time of power failure was......es. The Deterioration of Stock Policy (DOS Policy) was for Tk. 1,75,00,000/- and the Machinery Break Down Policy (MBD Policy) was for Tk. 30,000,00,00. The policies were taken to cover the risk of loss or deterioration of stock due to incidents including failure of public power supply under DOS ..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
....at each and every Upazila shall have Assistant Land Officer from those who were working as Kanungoe and the post of said officer shall be upgraded as second class gazetted post. Subsequently, after some inter-ministerial communications and deliberations final decisions was taken to upgrade the po...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ...... class gazetted post. 5. The respondents of the writ petition appeared by filing affidavit-in-opposition. Their case is that 106 post of kanungo fell vacant and the Government was sustaining loss due to difficulties in collection of land revenue in the absence of required number of kanung..Category: Civil Law | Date: | Hits: 117
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
.... leave and is directed against the judgment and order dated 13th November, 1989 passed by a Division Bench of the High Court Division in revision, Civil Revision No. 560 of 1989, making the Rule absolute and setting aside order dated 14.5.1989 passed by the Subordinate Judge, 3rd Court, Dhaka al......ith any kindness. While allowing or rejecting an amendment of a pleading and for that matter while exercising any discretion under the law, the Court must give its reasons so that when the order is called in question, the higher Court may be in a position to see that there has been application of......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ..Category: Property Law | Date: | Hits: 56
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....Dhaka claiming an amount of Tk.5, 52, 60,832.43/- The said amount according to the plaintiffs bank arose out of L/Cs opened by Shinan (Bangladesh) Limited in connection with importing fabrics and also for exporting the finished products. 4. The Managing Director, Mr. Masudul Alam Chaklade...... the purpose of securing any credit of the limited company namely Shinan (Bangladesh) Limited and as such none of the properties of M.A. Chaklader can be attached and sold in connection with any so called liability of Shinan (Bangladesh) limited. 5. Mr. Masudul Alam Chaklader while alive ......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....the respondents should not be directed to implement Brahmpur Mouza near Boharampur Bazar to be selected for the construction of newly Dohakul Union Parishad Complex in accordance with the formal resolution passed unanimously by the members of the Union Parishad and as per instruction of the circ......ilding and directed to select a new site. The respondent No. 4 declared to take over the delivery of possession of the old office of Dohakul Union Parishad. Accordingly, the Dohakul Union Parishad called a general meeting at its old premises at 10 a.m. declaring agenda for the selection of site ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ..Category: Others | Date: | Hits: 87
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