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Musammat Khaleda Razia Khanam and others Vs. Mahtabuddin Choudhury and others, 1977, 6 CLC (AD)
....y the said Kabala. 8. He does not think that the learned Counsel is right in his contention as to the applicability of the provisions of sections 43 and 47 of the Transfer of Property Act to the facts of the case. The principle underlying the provision of section 47 of the Transfer of Property ......ase is also Reported in: 30 DLR (AD) (1978) 27. ......te Court reversing that of the trial Court in respect of the genuineness of the deeds Exts.1 (a), 1(b) and 1(d) was not binding upon the High Court as it was based partly on non-consideration of some evidence and partly on misreading of certain other evidence in respect of payment of the considerati..Category: Property Law | Date: | Hits: 102
Teli alias Mantu and others Vs. State, 2011, 40 CLC (HCD)
....ouse/area. It is also not believable that the appellants would commit dacoity in a known house at their own area without masks and colour and would take risk of identification. 16. Under the above facts and circumstances we are of the view that the allegations of dacoity under sections 395 and 39......s Also Reported in: 21 BLT (HCD) (2013) 287. ...... with leave of the Court and submitted that the offence of dacoity have not been proved against the appellants beyond reasonable doubt, but the learned Assistant Sessions Judge on wrong assessment of evidence convicted and sentenced them by the impugned judgment and order, which is liable to be set ..Category: Criminal Law | Date: | Hits: 103
Mokbul Hossain and others Vs. State, 2011, 40 CLC (HCD)
....e acquitted of charges leveled against them. They are also released from their bail bonds. Send down the lower Court records. Naima Haider J. - I agree. Ed. This Case is also Reported in: ......J. - I agree. Ed. This Case is also Reported in: ......posed that their statements were voluntary. The learned Judge rightly passed the judgment and order of conviction and there is nothing to interfere with the same. 9. We have carefully examined the evidence and other materials on records. P.W.1, the informant Abdul Hakim Khondker in his deposition..Category: Criminal Law | Date: | Hits: 105
Al-Amin Vs. State, 2011, 40 CLC (AD)
.... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ......he Petitioner. M.K. Rahman, Additional Attorney General (appeared with the leave of the Court)—For the Respondent. Criminal Petition for Leave to Appeal No. 428 of 2010. (From the judgment and order dated 9.6.2010 passed by the High Court Division in Criminal Miscellaneous Case No.21309 o...... liberty to take the petitioner into custody if he misuses of privilege of bail. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 9 ADC (2012) 84. ..Category: Criminal Law | Date: | Hits: 96
Shameem Ara and others Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....09, 8117 of 2005 and 1182 of 2010 discharging the Rules. 2. All the Civil Petitions for Leave to Appeal were heard analogously and are disposed of by a single judgment by this Division. 3. The facts relevant for disposal of the petitions for Leave to Appeal are as follows: 4. In total 11...... (Civil) Present: Md. Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Shameem Ara and others………………………….....Petitioners (In Civil Petition No.1973 of 2010) Md. ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..Category: Employment/Service Law | Date: | Hits: 134
State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)
....r Mallik sustained head injury from the house of one husband abandoned woman namely Dalim and the accused has been falsely implicated in the case due to previous enmity. 9. On consideration of the facts and circumstances of the case and evidence on record, the learned Additional Sessions Judge, w......an Miah J Md Abdul Hafrz J State.............Appellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 9......nal Code against the accused persons who pleaded not guilty and claimed to be tried. The prosecution examined 15 witnesses who were cross-examined by the defence and the defence did not adduce any evidence. 7. After the completion of the examination of the prosecution witnesses, the accused pe..Category: Criminal Law | Date: | Hits: 87
....d affirming those of dated 18-3-2009 passed by the learned Assistant Judge, Mithamoin, Kishoregonj, rejecting an application for temporary injunction in Other Class Suit No. 9 of 2009.
2. Material facts are that the plaintiff instituted the suit for declaration that he is entitled to get an order......he order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure.
In view of foregoing narrative, the application is rejected summarily.
Office is directed to communicate the order at once.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 60...
Category: Property Law | Date: | Hits: 73
Hasen Ali and others Vs. Rustom Ali and others, 2009, 38 CLC (HCD)
....has already been made a party as defendant No. 41. So in the finding of the trial Court on the point of defect of parties, is not correct. The trial Court did not apply its judicial mind in the vital facts of the case and facts resulting in an error to arrive at a correct decision in the case. 23......CD) (2010) 54. ......lot No. 1356, appertaining to CS khatian No.62, measuring 5.26 acres of land. Mohor Ali sold 2.45 acres of land to one Yeasin Ali vide deed No.5577 dated 28-4-1928. 7. Upon consideration of the evidence on record and hearing the Counsels of both the sides and having reference to the statute an..Category: Property Law | Date: | Hits: 71
Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)
....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......) 49....... loan. Actually they were not aware of such mortgage. However, they ultimately did not come to contest. 5. The learned Judge of the trial Court framed five issues and during the trial she recorded evidence of only one PW. The defendant No. 1 was, however, examined on commission as DW 1. At the in..Category: Civil Law | Date: | Hits: 116
Jaymala Baroy @ Shamsun Naher Vs. Dilip Kumer Baroy, 2009, 38 CLC (HCD)
....peal No. 312 of 2004 and affirming those of dated 21-10-2004 passed by learned Assistant Judge, Additional Second Court, Dhaka dismissing Miscellaneous Case No. 14 of 2003 for default. 2. Material facts are that plaintiff instituted Family Suit No. 333 of 2002 in the Family Court, Dhaka against t......Jaymala Baroy @ Shamsun Naher.........Petitioner Vs. Dilip Kumer Baroy..........................Opposite Party Judgment November 4, 2009. Result: The order of stay granted earlier stands vacated. Lawyers Involved: Suraiya Begum, Advocate - For the Petitioner. No one appear......st. The order of stay granted earlier by this Court stands vacated. Office is directed to send down the records of this case at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 48...Category: Civil Law | Date: | Hits: 130
Ayub Ali Khan Vs. Md. Abdur Raqib and others, 2009, 38 CLC (HCD)
....5 passed by learned Assistant Judge, Sadar Court, Rajshahi in Other Class Suit No. 61 of 2004 granting an order of status quo in respect of acting as a Nikah Registrar by defendant No. 3. 2. Short facts leading to this Rule are that on 22-3-2004 petitioner as plaintiff instituted Other Class Suit......d in: 15 BLC (HCD) (2010) 46. ......n record it clearly indicates that defendant No. 3, herein opposite party No. 1, has been acting as a Nikah Registrar at ward No. 17. Moreover, the case of plaintiff is absolutely a subject matter of evidence. At present he has no prima facie arguable case and will not suffer irreparable loss if inj..Category: Civil Law | Date: | Hits: 92
Sultana Jute Mills Ltd. and another Vs. Bangladesh Bank and others, 2007, 36 CLC (HCD)
....y the respondents should not be directed to delete the name of the petitioner from the CIB Report and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts of the case as stated in the petition are that the petitioner No. 1 is a company engaged in ju......e is also Reported in: 15 BLC (HCD) (2010) 34. ......chnical ground discharged the Rule that whether letter dated 25-2-1995 has been written to the petitioner by the plaintiff bank and whether the same has been accepted by the petitioner are matters of evidence. The points at issue now before us can well be decided at the time of trial of the suit but..Category: Civil Law | Date: | Hits: 121
Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)
....ed by the petitioners were dishonored. Though in the petition of compliant the fact of payment of the remaining money i.e. Taka 24,33,315 is not expressly admitted, it can be easily inferred from the facts stated in the complaint that it was so paid. 9. So, the question before us is, whether issu......hy the proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or pass such other order or further orders as this Court may deem fit and proper. Further proceeding in the said CR Case was also stayed. None appears on behalf of the...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..Category: Criminal Law | Date: | Hits: 95
State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)
.... prosecution witnesses, is that of innocence and false implication out of enmity and grudge. 6. The learned Judge of the Tribunal on consideration of the evidence adduced by the prosecution and facts and circumstances of the case convicted and sentenced seven accused persons, namely (1) Anwar...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J ATM Fazle Kabir J State………………………Appellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dis......e under sections 302/34 of the Penal Code was framed against them. The charge was read over and explained to the accused on dock, who pleaded not guilty and claimed to be tried. Then in that Court evidence of eleven witnesses was recorded. At that stage the case was transferred to Druta Bichar T..Category: Criminal Law | Date: | Hits: 67
Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)
....s Judge failed to consider that the occurrence took place after sunset if at all it happened and in a jute field, surrounded by grown jute plants and this place being not visible to public and in the facts and circumstances of the case, even if the prosecution allegation of embracing is proved, it w...... Aroj Ali Sarder.........................Petitioner Vs. The State........................Opposite Party Judgment February 5, 1989. Cases Referred to- Jatindra Nath Vs. Manindra Nath and another, AIR 1950 Calcutta 330; Maijuddin Laskar Vs. Moulana Nurun Nabi, 16 DLR (Dhaka) 528; 10 ...... accused acquitted. The fine already paid by the accused petitioners need be refunded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...Category: Criminal Law | Date: | Hits: 76
Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)
....ntence passed by the Courts below submits that the Courts below having arrived at the finding of guilt of the accused-petitioner on consideration of the evidence on record, such concurrent finding of facts of two Courts are not liable to be interfered at this revisional stage. By way of controversio......…Opposite Party Judgment December 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State, 19 DLR (HC) 428; Mirro Vs. Emperor, AIR 1947 All 97; Emperor Vs. Sami Des, AIR 1926 L......t necessary to be proved to constitute the offence under Section 377 of the Penal Code, but some sort of penetration, however little, must be strictly proved to support the charge of sodomy and the evidence must be very convincing. 8. In the case of Mazulla Vs. The State reported in PLD 196..Category: Criminal Law | Date: | Hits: 92
.... appeal by leave by writ respondent Nos.2 and 3 is from the judgment and order dated 06.02.2006 passed by the High court Division in Writ Petition No.5599 of 2004 making the Rule absolute.
2. The facts leading to the filing of this appeal, in short, are as follows:
The writ petitioner joined ......bdul Wahhab Miah J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Mohammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
The Chairman Bangladesh Forest Industries Development Corporation (BFIDC) and another…………………..Appellants
Vs.
Md. Hatem Ali and others…………………......earned Advocate has appeared with the leave of the Court for writ respondent Nos.2 and 3 submits that the dispute as regards the date of birth of the writ petitioner cannot be resolved without taking evidence and as such, the Writ Petition filed by the writ petitioner was misconceived. He further su..
Category: Employment/Service Law | Date: | Hits: 739
....n in Writ Petition No.2676 of 2011 allowing the application of added writ-respondent No.6 and thereby directing writ-respondent Nos. 1 to 4 to release the goods at the earliest opportunity.
2. The facts leading to the filing of this petition for leave to appeal, in short, are:
The writ petitio......Md. 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
Government of Bangladesh and others.................Petitioners
Vs.
Dhaka Match Industries Co. Ltd. and others...............he Rule.
Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment.
Ed.
This Case is also Reported in:
..
Category: Civil Law | Date: | Hits: 131
Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)
....eave to appeal is directed against the judgment and order dated 03.10.2010 passed by a Division Bench of the High Court Division in Writ Petition No. 6864 of 2004 making the Rule absolute. 2. The facts, leading to the filing of this petition for leave to appeal, in short, are as follows: On ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Engineer A. B. Siddique…………………….......Petitioner Vs. Kazi Akramuddin and others……………………Respondents Order August 23, 2011. Result: Leave is gr......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...Category: Property Law | Date: | Hits: 79
.... the unreported decision of this Division in Civil Petition Nos. 63-67 of 1999 disposed of with other petitions by judgment dated 27th May, 1998 relied by the High Court Division is applicable to the facts of this case and finally, whether the writ-petitioners have acquired any right of appointment ......el Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahab Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Md. Shamsul Huda J
Government of the People’s Republic of Bangladesh and another.........Appellants
Vs.
Md. Shahjahan and others……………………………......hat “the nomination of the writ petitioners is still valid against some posts designation against their names”.
7. These observations were made in the facts of the given cases and documentary evidence produced in the High Court Division. In respect of alleged left out Ex-Mujib Nagar Employee..
Category: Others | Date: | Hits: 138
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