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Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
.... guilty of the charge under Section 302/149 of the Penal Code and sentenced appellant Farukur Rahman @ Farook to death and the two other appellants Sajjad Shaheen @ Prince and Miraj Hossain to imprisonment for life and all three of them were ordered to pay a fine of Tk. 2, 000/- each. The record ......10 (Investigating Officer), P. W.7 Dr. Asadul Huq is the recorder of the dying declaration of the victim Abdul Wahed (Ext.4) because of precarious condition of the victim, a Magistrate could not be called, but (P.W.10) the investigating officer contradicted himself stating that he himself recorde......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....000 passed by a Division Bench of the High Court Division in Criminal Appeal No.772 of 1993 dismissing the appeal, reducing the sentence of fine to Tk. 1000/- in default to suffer simple imprisonment for 6(six) months and affirming the judgment and order of conviction under Section 302...... Ayenuddin of his village approached him and told that Selima Begum, wife of the informant's cousin Shafiqul Islam entered into the informant's house at 9 A. M. for taking water from tube well and called by the name of his eldest son but having no response from anybody she entered into the house......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
.... filed, by leave, the instant appeal against the judgment dated March 29, 1998 by the High Court Division in Civil Revision No.2248 of 1991 (Dhaka)Civil Revision No. 271 of 1984 (Rangpur) making absolute the Rule obtained against the judgment and decree dated July, 19, 1984 of the Court of Subor...... at all set aside the judgment of the trial Court an as the High Court Division on due consideration of the materials on record set aside the judgment of the appellate Court no interference is called for by this Court. The learned Counsel also submitted that the S.A. and the R.S. record wer......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....al District Judge, Second Court, Dhaka in Title Appeal No. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, First Court, Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants...... per valuation determined by the Valuation Committee. The plaintiff was advised by the defendant No.3, Section Officer, Ministry of Works, to keep fund available for depositing the money when called upon but inspite of repeated requests by the plaintiff, the defendants did not allow the pl...... by abandoned property authority a right had been created in his favour which could not be taken away by the defendants. It was further submitted that if the suit property was sold in auction, the loss and damage to be suffered by the plaintiff case could not be compassed. 3. The appellan..Category: Property Law | Date: | Hits: 41
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
.... Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was requisitioned in L.A. Case No. 4 of 1950-5......h the other land was handed over to the Railway. It may be mentioned the Railway filed the letter and a map which has compositely been marked as Ext-B. At one stage of the hearing of the appeal we called for the record of the Title Suit No. 563 of 1987 of the 4th Court of Assistant Judge, Dhaka ......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. ..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....sing 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 ejectment of the predecessor of the respondent Nos. 1 and 2 and the suit was decreed ex-parte on 01.10.1989 and the plainti......ed the facts and circumstances and by an elaborate judgment discharged the rule. 6. On perusal of the aforesaid judgment we do not find that there is any 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 ......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
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....y of the Rajshahi University (the University) he served a notice demanding justice (on 16.2.2002) by way of re-examination of his answer script in the administrative Law (13th paper) but the notice so served demanding justice was not replied to by the University. 3. Respondent Nos. 1 and ......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. ......en by the High Court Division. The University to prolong its inaction and to push the Respondent No.1 to a situation of utter frustration and to ruin his future resulting from anxiety and financial loss has filed the present petition. This clearly demonstrates that the University is bent upon to..Category: Civil Law | Date: | Hits: 97
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
.... 2. The facts, leading to this petition, are that complainant-respondents filed a petition of complaint on 2-6-1996 before a learned Magistrate, 1st Class, alleging, inter alia, that the accused persons are related to each other and that accused No.1 is residing abroad and 4/5 months ago he came ......he High Court Division ought to have made the Rule absolute. 6. It is further submitted that the Magistrate accepted the report of the District Anti-corruption Bureau (D.A.B.) which was not called for and that the petition of complaint was sent only for preliminary inquiry and without lod......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
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... 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. 1882 of 2003 making the Rule absolute. 2. Prosecution case, in brief, is that on 07.03.2002 at about 7.30 P.M. the inf......rief, is that on 07.03.2002 at about 7.30 P.M. the informant's brother Azahar Gazi was talking with the other members of his family sitting in his dwelling house. At that time some unknown persons called him out on the pretext of hiring of his rented house. As soon as the informant's brothe...... 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
....y dated 9.7.1998 executed by Benode Behari Dutta in favour of Ramesh Chandra Barman, the defendant in the above suit, is illegal, fraudulent, void, without jurisdiction and not binding upon him and also praying for an order of permanent injunction restraining the defendant/petitioner from making any......utably settled by the decision of their Lordships of the Judicial Committee in Vidya Varvthi Thirtha v. Balusami Ayyar (1), that a shebait is a mere manager of an idol and is almost by courtesy called a trustee, though he does not occupy the position of a trustee as understood in the English......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
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....of the High Court Division, Dhaka set aside the lower appellate Court's judgment in the absence of the pre-emptee appellant in Civil Revision Case No.616 of 1984 on 16.5.85. A Review Petition was also dismissed on 28.7.85. 2. Leave was granted to the pre-emptor appellant to consider whether not......ure in the return in presence of witnesses. Nothing has been shown to the High Court Division that the appellant's father was ill and senseless when he received the notice. Hence no interference is called for with the finding of the High Court Division that the appellant was aware of the Rule. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..Category: Procedural Law | Date: | Hits: 119
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....foresaid sale. 3. The appellant preferred appeal against the aforesaid assessment but without any success. Thereafter he filed further appeal before the Income Tax Appellate Tribunal which was also dismissed. An application under section 66 (1) of the Income Tax Act was preferred before the Hig......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......7,37,031/-The appellant received money and the price was decided as per valuation mutually agreed upon. During the Assessment year 1964-65 the Assessee appellant submitted income tax return showing loss of Tk. 63,751/- but the Income Tax Officer, Circle II, Chittagong did not accept the same and m..Category: Fiscal/Taxation Law | Date: | Hits: 80
Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)
....Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the order into evidence simply a statement in the charge sheet that some sort of sanction was received it can not be said that the alleged sanction order is valid and p......stituted and brought on record. 5. Mr. Md. Joynal Abedin, the learned Counsel, challenged the legality of the conviction on the ground of contradictory and insufficient evidence which necessarily called for the scrutiny of the evidence. It transpires that the application was made for allotment...... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ..Category: Anti-Corruption Laws | Date: | Hits: 125
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
....man J.- This appeal is directed against the judgement and order dated 8th January, 1989 passed by a Division Bench of the High Court Division, Dhaka in Writ Petition No. 264 of 1988 making the Rule absolute. In that petition respondent No. 1, Oli Ullah Khan, challenged an order dated 1.4.1988 of t......ssion's order for re-election. In the result, the appeal is allowed. The judgement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ..Category: Election Law | Date: | Hits: 111
Ziaul Huq and ors. Vs. Messers Business Resources Ltd. & ors., 1989, 18 CLC (AD)
....l Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Ziaul Huq and others……………………………….......................Petitioners Vs Messers Business Resources Ltd. & others...................Respondents Judgment March 29, 1989. Result: ...... fulfilled, even the demolished Science Building which was in dilapidated condition will be reconstructed by the defendants. 14. As has been noticed that this is a representative suit which is called' public litigation these days. Courts have expressed their anxiety in such a litigation. The ......pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ..Category: Civil Law | Date: | Hits: 130
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....nd that of the Returning Officer which gave an appearance that the election was held peacefully the High Court Division set aside the order of Election Commission for re-poll. Respondent No.1 was also directed to publish the result of the election that was submitted by the Returning Officer. 3.......ission's order for re-election. In the result, the appeal is allowed. The judgment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ..Category: Election Law | Date: | Hits: 114
Republic of Pakistan (Now Bangladesh) Vs. A.N.M. Serajul Haque, 1989, 18 CLC (AD)
....rder passed by the High Court Division in First Appeal No. 40 of 1965. 2. The plaintiff-Respondent filed a title suit being Title Suit No.35 of 1962 for a declaration that the order of his compulsory retirement passed by the Commissioner of Income Tax on June 29,1959 was illegal and without jur......e to him, proportionate or otherwise- by an order of the authority mentioned in clause(3) made before the first day of July 1959, and no appeal shall lie against such order nor shall such order be called in question in any Court." 7. Now clause (3) may be considered which reads as follows:— ......sion without taking into consideration effect of Exhibit A. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 68. ..Category: Employment/Service Law | Date: | Hits: 80
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....1509 of 1968. 2. The plaintiff-respondents instituted Title suit No. 22 of 1962 in the Court of Munsif, First Court, Sadar, Sylhet for partition of the undivided family homestead in the suit and also prayed for purchasing the share of defendant No. 1, a stranger-purchaser of a portion of the suit......operty remained undisturbed when the suit was filed in 1962. There is no time limit for filing an application under section 4 of the Partition Act. In the instant case the plaintiffs' claim cannot be called stale. The defendant's claim of continuous possession since purchase would be of no consequen......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
State Vs. Arman Ali and Others, 1987, 16 CLC (AD)
....he petition is dismissed. Circumstantial evidence If the witnesses examined to prove the circumstances are found to be unreliable or their evidence is found to be unacceptable for any other reason the circumstances cannot be said to have been proved. The High Court Division gave good reason o...... Respondent and two others were put on trial in the Second Court of Additional Sessions Judge, Sylhet on the aforesaid charge on the allegations that at about 8-30 p.m. on 31-7-76 the respondents called away deceased Motahar from his house and he never returned, that on the following day brother......ner perverse or totally unsustainable. The impugned order does not, therefore, call for any inference. The petition is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 50. ..Category: Criminal Law | Date: | Hits: 43
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....implicating an accused in an offence absence of proof of motive is not material. In the present case it is not correct to say that there is no material on record to show that the appellants had no reason to kill victim Siraj Ahmed………………(45) The Evidence Act, 1872 (I of 1872), sections......illage; his brothers including P.W.5 Farid Ahmed are still living there. The house of his father-in-law is on the western side of the village, the distance between the two is about a mile. A road called Abdul Hakim Chowdhury Road, running from east to west connects these two houses; in-between, ...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
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