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Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....sinterested witness to support the prosecution case as discussed earlier, the Appellate Division is not inclined to review the impugned judgment only on the ground that the High Court Division wrongly observed that the learned Additional District Magistrate had no jurisdiction t......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ...... Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....iffs purchased the suit properties and are in possession of the same. 3. It was further averred that the rent rolls were prepared in the names of the plaintiffs but subsequently, it was wrongly prepared in the names of the heirs of the ex-landlords, the defendant Nos.3-10, but the pla...... It was further stated that on 15-6-1976 while the plaintiffs offered rent to the tahshilder then it was detected that the names of the plaintiffs had been cancelled from the SA record and it stood recorded in the names of the defendant Nos. 3 to 10.The plaintiffs stated further that the defenda......AD) (2008) 40. ......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ..Category: Property Law | Date: | Hits: 22
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ant cannot have a legal claim in the property left by the wife of Brinchilal Moitra. The learned Counsel further submits that addition of a person having no interest or claim in the suit property was wrongly allowed by the learned Munsif. Action of the learned Munsif in allowing such a prayer wa......Respondent No. 1 instituted a suit being title suit No. 673 of 1969in the Court of 1st Munsif, Kushtia for declaration of title in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal defendant Shanti Sudha Moitra is erroneou......ourt is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......tuted a suit being title suit No. 673 of 1969in the Court of 1st Munsif, Kushtia for declaration of title in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal defendant Shanti Sudha Moitra is erroneous. 4. Plaintiff’..Category: Tenancy Law | Date: | Hits: 142
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......n order. It is automatic. The courts simply record that the suit be abated against the deceased defendant.” 7. Now the question posed by Mr. Ali is whether the High Court which recorded the impugned order was competent to alter the said order in exercise of its inherent power...... DLR (SC) (1978) 222. ......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ..Category: Civil Law | Date: | Hits: 116
Government of Bangladesh and another Vs. Sheikh Hasina and another, 2008, 37 CLC (AD)
....ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ...... the statements under section 164 of the Code of Criminal Procedure voluntarily admitting his guilt before the Magistrate implicating himself and others and that the confessional statement has been recorded in accordance with law and that section 3(3 ka) of the Emergency Power Ordinance, 2007 (EPO...... Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ......ich the question is raised can be properly disposed of in some other way and Court should not give decision on any law which is not strictly necessary for the disposal of the case before it. ..Category: Civil Law | Date: | Hits: 254
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....m that they should be appointed as permanent Judges of the High Court Division how the High Court Division can be called upon to examine their cases for the purpose of determining whether they were wrongly discontinued as Additional Judges. At least it should have been apparent that they we...... of State under section 123 or not." It appears that the High Court Division has not considered to ascertain whether there was any material in the form of opinion of the Chief Justice recorded in writing available to be called for. The High Court Division has not ascertained whether......gainst is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....ndate of sub-rule 2 of rule 6, CPC that "written statement shall have the same effect as a plaint in a cross suit so as to enable the court to pronounce judgment" the High Court Division wrongly held that after withdrawal of the suit by the plaintiff there remained nothing to make coun...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......osts. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Collector of Customs, Customs House Chittagong and others Vs. AKM Salauddin, 2000, 29 CLC (AD)
....g of letter of credit and he has to pay taxes and duties on the basis of tariff value in force on the date of presentation of the bill of entry. He further submits that the High Court Division wrongly relied on Hannan's case reported in 42 DLR (AD) 167 as the facts of that case are quite d......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ...... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ......der appeal requires interference by us. The appeal is accordingly, allowed. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 71. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....ing of bail in a case falling under the Emergency Powers Rules, 2007. Leave was granted to consider if the High Court Division failed to consider these provisions in their proper perspective and if wrongly concluded that Rule 11(3) of the Emergency Power Rules, 2007 is not applicable in this case.......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
.... for the appellants, submits that the learned Single Judge of the High Court Division in purported exercise of power of comparing the signature or writing under section 73 of the Evidence Act wrongly disturbed the concurrent finding of fact of the trial Court as well as the appellate C......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......lso Reported in: 60 DLR (AD)(2008) 55. ......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......y stick etc. and they created terrorism by exploding cocktail and bombs and the respondent snatched away Tk.1,00,000/- (one lac) from his pocket and the learned Magistrate sent it to the police who recorded the same as First Information Report and thus Moradnagar P.S. Case No. 8 dated 22.06.2002 ......find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ut in the totality of the facts and circumstances of the case the trial court arrived at the finding that the mistake in Ext. Gha(2) and Ga(9) was an inadvertent mistake of the scribe although khatian number and the other description of the land as well as the quantity of land has been writt..Category: Property Law | Date: | Hits: 42
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......land and accordingly received Tk. 6,000/- from Dil Mohammad but before registration he left for India; that Dil Mohammad is enjoying the suit land since 1351 B.S. and S.A. Khatian No. 635 has been recorded in his name and he paid rents accordingly; defendants (appellants herein) predecessor...............Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Sultan Ahmed, Advoc...... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......l justified in holding the view that the case is bad for defect of parties for not impleading the adjoining land owners. The record transpires that the petitioner appellant has impleaded all S.A. recorded tenants (including Aszar Ali). So I can concluded that the instant case is not bad for de......he decision of the High Court Division. 9. The petition is dismissed. Ed. ......e to know about the above sale deed dated 17.06.95; he then after obtaining the certified copy of the said deed filed the case seeking pre-emption, although in the above sale deed dated 17.6.95 the khatian number has been shown as 160, actually it would be Khatian No.13. The pre-emptee-responden..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......ischarging the Rule. The appeal is accordingly allowed without costs. Ed. ......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..Category: Property Law | Date: | Hits: 31
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......vour and thus acquired title to the suit land. He claims to be in continuous possession of the suit land since 1356 BS. During RS settlement the defendant-petitioners managed to have the suit land recorded in their names and on the strength of that wrong entry they threatened the plaintiff with ...... High Court Division calling for our interference. The leave petition is dismissed. Ed. ......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 35
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ...... paid rent to the ex-landlord, Mohesh Chandra, upto 1956, why did he or his sons not pay rent to the Government thereafter if they became tenant under Government by operation of law. His name was not recorded in any Khatian at any time since 1926; the SA Khatian has recorded the landlord's name. On ......e lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ivision so as to call for any interference. The petition is dismissed. Ed. ......handra, Mohon Bashi, Noda Bashi and Hari Bashi in ejmali shares of whom Noda Bashi having died unmarried, the three surviving brothers got his share; 5.22 acres of land of plot No. 1222 of the suit khatian also belonged to the said three surviving brothers in equal share of 1.74 acres each; from..Category: Property Law | Date: | Hits: 33
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....before us to argue on such matter, and try to sway us by this inconclusive and insufficient matter in a case. 128. The learned Advocate next argued that the Investigating Officer had illegally and wrongly recorded the statement of PW 3 Nurul Alam under section 164 of the Code of Criminal Proc...... 1, 1990. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the st......Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....urt. The auction purchaser, Ganga Charan Majumder died leaving plaintiff No.1 and Ananta Kumar Majumder, the predecessor of plaintiff Nos. 2-4, that RS and SA record as regard the land in suit was wrongly prepared in the name of the defendant No.1 respondent No. 5 and that the said wrong pr......sment of the evidence. It has also been submitted that record of right having been in the name of Sukhada Sundari and the fact of payment of rent by the defendants who purchased from the aforesaid recorded tenant the High Court Division was in error in not taking notice of the presumptive value ...... appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
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