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....is matter appears in the cause list for hearing with the name of the learned Advocate for the petitioner. When the matter is taken up for hearing no one appears on behalf of the petitioner.
3. The facts of the case relevant for the disposal of the Rule, in brief, are that the petitioner as plaint......130.
...... required to come to a finding on assessment of the materials that the plaintiff has been able to prove his case."
12. It appears from the Judgment of the appellate Court that on assessment of the evidence on record, he affirmed the Judgment of the trial Court on arriving, at a decision that the ..
Category: Property Law | Date: | Hits: 82
Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)
....d Senior Assistant Judge, Sadar, Noakhali in Title Suit No.296 of 1994 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts of the case are as follows:- The petitioners as plaintiffs, filed Title Suit No.296 of 1994......down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......operty and possessed the land concern as before and that the claim of the plaintiffs is false and defendant prayed for the dismissal of the Suit. 4. The learned trial Court on consideration of the evidence and materials on record by his Judgment and decree dated 30.09.1997 dismissed the suit. As ..Category: Civil Law | Date: | Hits: 103
Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)
.... Tribunal gave elaborate reasoning in rejecting the appellants’ application for discharge. Whether the expired medicines were kept in the pharmacies to return to the manufacturers, are questions of facts to be determined in trial. At this stage the appellant cannot be discharged on such a defense ....... - I agree. Ed. This Case is also Reported in: ......DLR 677, 16 BLT 474, 15 BLD 339, and 16 BLD (AD) 264]. 8. For all the reasons stated above, we do not find any illegality in the impugned order. The appellants will get ample opportunity to adduce evidence, if any and to prove their respective defense cases in due course of trial. In the resul..Category: Criminal Law | Date: | Hits: 99
Shamsu Miah Vs. State, 2011, 40 CLC (HCD)
....though supported the case, their evidence are contradictory and sometime inconsistent. Admittedly P.W.2 was sheltered by Harun Chairman, while P.W.3 was his brother and P.W.5 worked under him. In the facts and circumstances of the present case their evidence cannot form the basis of conviction again......rney General - for the respondent. Criminal Appeal No.1248 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 8.8.1996 passed by the Additional Sessions Judge, Second Court, Brahmanbaria in Sess......o make her submissions. 7. Ms. Promila Biswas, learned Deputy Attorney General appearing for the State submitted that the learned Additional Sessions Judge on assessment of each and every piece of evidence correctly and clearly found the appellant guilty of offence under section 315 of the Code a..Category: Criminal Law | Date: | Hits: 87
Md. Selim Vs. State, 2011, 40 CLC (HCD)
....tated above, we do not find any merit in the appeal. Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......ant Vs. The State..................Respondent Judgment April 10, 2011. Result: The appeal is dismissed. Case Referred to- Yousuf Sk. alias Sk Abu Yousuf Vs. Appellate Tribunal and another, 29 DLR (SC) 211; Abdul Hai Sikder and another Vs. The State, 43 DLR (AD) 95. Lawyers...... After closing the prosecution, the learned Judge of the Tribunal examined the appellant under section 342 of the Code of Criminal Procedure, to which he pleaded not guilty and declined to adduce any evidence in defense. The learned Judge of the Tribunal after conclusion of trial found the appellant..Category: Criminal Law | Date: | Hits: 94
Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)
....Âtion has been filed seeking leave to appeal against the judgment and order dated 19.05.2009 passed by a Single Bench of the High Court Division in Civil Revision No.4014 of 2008. 2. The relevant facts necessary for disposÂal of this civil petition for leave to appeal, in short, are as follows:......rendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Hozizur Rahman and others..........................................Petitioners Vs. Abu Bakar Chowdhury and ot......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400...Category: Property Law | Date: | Hits: 75
Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)
....Civil Revision No.3501 of 2005 analoÂgously both these Petitions have been heard together and by this single judgment both the Civil Petitions for leave to Appeal will be disposed of. 2. Relevant facts necessary for disposal of these civil petitions are as follows: The respondent Nos.1 to 3, ...... Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Abdul Halim........................................................Petitioner (In both the cases) Vs. Dina Bandhu Chandra Das and others......................Respondents (In both the cases) Judgment No...... as such void. It appears that both the appellate court below and the High Court Division have deeply considered this allegation of the contesting defendant No.31 and on meticulous examination of the evidence on record and facts and circumstances found that there was no evidence at all to prove that..Category: Property Law | Date: | Hits: 72
....o handover the posÂsession of the case fisheries (Kawnai Nadi Chaunai Nadi Part) popularly known as "Kalapani" and "Kawnai Nadi Group" to the respondent No.4 of the writ petition.
2. The relevant facts, in brief, are that the fisheries named "Kawnai Nadi Group" and "Kawnai Nadi Chaunai Nadi Part......Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Muktarpur Matashajibi Samabaya Samity Ltd......................................Petitioner
Vs.
Government of Bangladesh and others...............................................Respondents
Judgment
March 30, 2011.......is liable to be set aside.
6. It' is further submitted on behalf the petitioner that the inquiry report submitted in accordance with the direction of the High Court Division does not disclose any evidence of forgery; rather there is an admission that the lease of the petitioner was concluded for..
Category: Property Law | Date: | Hits: 90
Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)
....rty No.1 to show cause as to why the Order No.24 dated 28.9.2003 passed by the learned Joint District Judge, 2nd Court, Narayanganj in Title Suit No.31 of 2002 should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the petitioner, Arab Bangladesh......t Division (Civil) Present: Sheikh Abdul Awal J M. Moazzam Husain J Arab Bangladesh Bank Ltd................................Defendant-petitioner Vs. Mr. Md. Salauddin and others ..................................Plaintiff-opposite parties Judgment July 8,......ected the application for rejection of the plaint holding that the contents of the plaint are related with some disputed deeds and Judgment and decree which can be decided only at the trial on taking evidence. 6. Being aggrieved by the aforesaid order the defendant-Arab Bangladesh Bank Ltd. as pe..Category: Civil Law | Date: | Hits: 141
S.M. Kamaluddin Vs. Chairman, First Labour Court, Dhaka and others, 2011, 40 CLC (AD)
....li J.- This petition for leave to appeal is directed against the judgment and order dated 08.12.2010 passed by the High Court Division in Writ Petition No.3742 of 2004 discharging the Rule. 2. The facts relevant for disposal of the leave petition are as follows:- The petitioner was employed o......d Imman Ali J Md. Momtazuddin Ahmed J S.M. Kamaluddin………………………………………………………….................Petitioner Vs. Chairman, First Labour Court, Dhaka and others......................Respondents Judgment December 15, 2011. Result: The pet......rit respondent Nos.2 and 3 for his trade union activities and that his termination from service without assigning any reason was not a termination simpliciter and also failed to take into account the evidence furnished by the petitioner in support of his claim of victimization. He further submits th..Category: Labour and Industrial Law | Date: | Hits: 183
Abdul Hakim Sarder and others Vs. Ahidul Sarder and others, 2012, 41 CLC (AD)
....r in Title Appeal No.65 of 2003 reversing the judgment and decree dated 24.08.2003 passed by the learned Assistant Judge, Kalkini, Madaripur in Title Suit No.85 of 2000 dismissing the suit. 2. The facts, leading to the filing of this petition, in brief, are that the predecessor-in-interest of res...... (Civil) Present: Md. Muzammel Hossain CJ Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Inman Ali J Md. Shamsul Huda J Abdul Hakim Sarder and others.................................Petitioners Vs. Ahidul Sarder and others.................judgment and order dated 01.12.2008 passed by the High Court Division in Civil Revision No.4795 of 2004 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 250...Category: Property Law | Date: | Hits: 80
Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)
....rovident fund and other service benefits of the deceased. 5. Both the parties adduced some witnessÂes in order to prove their respective cases. The trial court, on consideration of eviÂdence and facts and circumstances, opined that since the deceased employee did not select any nominee for the ......d. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sheikh Moqbul Ahmed and Rabeya Khatun wife of Sheikh Moqbul Ahmed being dead their heirs Sheikh Golam Mustafa and others......r dated 15.06.2004 passed by the Joint District Judge, 1st Court, Pabna in Succession Certificate Case No.23 of 2001 be restored. Ed. This Case is also Reported in: 9 ADC (2012) 246. ..Category: Civil Law | Date: | Hits: 154
Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)
....an law made specific provision for vesting the judges of the Family Courts with the power under section 488 CrPC. No such provision is there in our law. 12. Considering the above legal provisions, facts and circumstances we hold that the provisions of the Family Courts Ordinance, 1985 (Ordinance ......e Party Judgment September 5, 1994. Result: The Rule is made absolute. Cases Referred to- Civil Revision No. 870 of 1991, (unreported decision); Abdul Khaleque (Md) Vs. Selina Begum and another, 42 DLR 450; PLD 1969 (SC) 187; Supreme Court Monthly Review (Vol. IV) of 1971, 150. ...... Motion No. 13 of 1987 is hereby set aside and that of the Magistrate, Kalkini passed in Miscellaneous Cass No. 42 of 1986 is restored. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 18. ..Category: Family Law | Date: | Hits: 215
Shahidul Alam VS. Government of Bangladesh and others, 1994, 23 CLC (HCD)
....ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15.......man J Shahidul Alam………………………………………………..Petitioner VS. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat, Dhaka and others………………………Respondents Judgment November 30, 1994. Result: The......ey General prays for stay operation of the above order so as to enable them to move before the Appellate Division. The prayer is refused. Ed. This case is also Reported in: 47 DLR (AD) (1995) 15...Category: Criminal Law | Date: | Hits: 200
Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)
....he foundation on which a suit is based and not the prayer in the plaint that determines its fundamental character. The amendment in question is merely an additional relief for re‑arrangement of the facts in the plaint to their proper perspective and necessary for appropriate relief. The impugned o......ivil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Abu Sayeed Ahammed J Syed Monirul Huda Chowdhury………………………………Petitioner Vs. Fouzia Chowdhury and others…………………………………Opposite Parties Judgment June 5, 1994. Re......cepted. The revision is thus devoid of any merit. The result, therefore, is that the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 47 DLR (AD) (1995) 10...Category: Property Law | Date: | Hits: 151
.... business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberation of Bangladesh.
The question of law referred to is:
"Whether on the facts and in the circumstances of the case, the Tribunal was legally justified in deleting the unpai......the absence of other previous Advocate Mr. AM Mahmudur Rahman who has since been elevated to the Bench.
2. The assessee in the instant case is a limited Company carrying on business under the name and style of Mohammadi Trading Company, which has subsequently been nationalised after the liberatio......still shown to be in existence. It is further seen from the order of the Taxing authority that the said Assistant Commissioner of Taxes directed the authorised representative to submit before him the evidence regarding the date of origin of those liabilities and whether they were liquidated but the ..
Category: Fiscal/Taxation Law | Date: | Hits: 188
American Bureau of Shipping Vs. Commissioner of Taxes (South) Zone, Chittagong, 1994, 23 CLC (HCD)
....come in this country. 3. The points of law referred to by the assessee in this Reference Application No. 80 of 1992 are many in number but is boils down to the following namely: "Whether on the facts and circumstances of the case the learned Assistant Joint CommisÂsioner of Taxes, for that ma......€¦â€¦â€¦â€¦.Respondent Judgment June 30, 1994. Result: The finding of the Taxes Appellate Tribunal was not justified. Cases Referred to- ITR No. 1574 (Bom) of 1974‑75; IT No. 1212 and 1213 (Bom) 1975‑76; Commissioner of Taxation Vs. Kirk, 1900 AC 588 (PC); CIT Vs. Ahmedbhai Uma......l dispose of these three Reference applications namely, Application Nos. 80, 81 and 82 of 1992. There shall be no order as to costs. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 1. ..Category: Fiscal/Taxation Law | Date: | Hits: 159
Abdul Ali and another Vs. State, 1977, 6 CLC (AD)
.... Islam Vs. State, 12 D.L.R. 105; Muhammad Amir Vs. Md. Kaushar, 21, DLR (S.C.) 330, 1956 Cr. L J. 1320; Mohd. Pasha Vs. State of Hyderabad. We refrain from dwelling on these authorities in detail, as facts in the present case are materially differÂent from the facts of the cited decisions. There is......is Case is also Reported in: 30 DLR (AD) (1978) 58. ......guilty, on the allegations made, under Regulation No.9 of the said Martial Law Regulations 1 of 1975 as abettors, and that as such it would not be proper to quash the proceeding at this stage when no evidence has yet been adduced. It appears to me, however, that an absolutely new case has been sough..Category: Criminal Law | Date: | Hits: 115
Ajufannessa @ Aji Bibi and others Vs. Safar Miah and others, 1977, 6 CLC (AD)
....on of the disputed land through the plaintiffs and their predecessors as bargadars. 4. The learned Subordinate Judge dismissed the suit on holding on a consideration of the evidence on record and facts and circumstances of the case, that the plaintiffs had no right title and interest in the disp......Court it set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 41. ...... along been in possession of the disputed land through the plaintiffs and their predecessors as bargadars. 4. The learned Subordinate Judge dismissed the suit on holding on a consideration of the evidence on record and facts and circumstances of the case, that the plaintiffs had no right title a..Category: Property Law | Date: | Hits: 97
Fazlur Rahman Vs. Rajab Ali and others, 1977, 6 CLC (AD)
.... the learned Judge were right in setting aside the order whereby the hearing of the suit on the question of its maintainability as a preliminary issue was fixed. 11. We do not think that in the facts of the case the learned Judges of the High Court were right in setting aside the impugned orde......er as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 30. ......the Court. It appears that both the Zilla Court as well as the Sader Dewany Court disposed of the suit on the basis of the decision on the issue as to limitation only, which involved consideration of evidence, without determining the principal point raised in the suit, with the result that the Judic..Category: Civil Law | Date: | Hits: 111
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