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Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ...... will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......alment of Taka 14 lakh to the Dockyard there was no dispute, but the payment of the second instalment of Taka 28 lakh was very much disputed. The High Court Division upon scrutinising the facts and evidence on record and the submissions made on behalf of the Dockyard Group clearly found that Taka..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......n conspirators in the murder of Advocate Habibur Rahman. 14. It appears that so far P.W.2 is concerned the High Court Division made the assessment of his evidence and gave the following finding:- "Making conspiracy of killing the de..Category: Criminal Law | Date: | Hits: 63
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......rmed the decision of the trial Court. He next submits that both the Courts below erred in law in deciding the question of limitation in a casual manner without properly discussing and considering the evidence on this point and the same has resulted in an error in the impugned decisions occasioning f..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......p; Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......el appearing with Mrs. Sayda Anwara Sattar, the learned Advocate for the petitioners submitted that the petitioners and others were selected by the Divisional Selected Board on 28.10.2004 with his evidence by Annexure-‘B’ to the writ petition and on the same date result of the examin..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
.... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ......sp; Mir Hashmat Ali J.- I agree. This Case is also Reported in: ...... of Syed Bazlur Haque College, Banaripara-Barisal and Mr. Tarun Kanti Barua as Principal of Rangunia College, Chittagong as per notification dated 02.04.2003 without annexing any documentary evidence in supplementary affidavit which is not a admitted fact thus it is a disputed question of ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......ent. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ...... 194. Following the above decision of the Supreme Court of Canada we can also apply the Jennings test in this case. 195. First what are the precedents? The precedents are the impregnable mass of evidence given by respondents including the statements made by no less persons than Dr. Kamal Hossai..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Ed. This Case is also Reported in: ......peal below noticed that the defendants’ kabala dated 15.03.1998 is earlier in point of time as against the plaintiff’s kabala dated 15.04.1998. The Court of Appeal below considered the evidence of P.W.’s 1, 2 and 3 and noticed that the P.W.1 Yeakub Ali admitted that on 13.05.19..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Nawabganj in favour of the father of the plaintiff and certified copy judgment passed by Sub-judge, Nawabganj in Title Suit No.336 of 1985. The appellate Court accepted those papers as additional evidence but failed mention them as exhibits; that the plaintiff has introduced a new case by surpr..Category: Property Law | Date: | Hits: 27
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......t represented- the Respondents. Civil Petition For Leave To Appeal No. 94 of 2007. (From the judgment and order dated the 6th day of November, 2006 passed by the High Court Division in Civil Revision No. 2350 of 2002). Judgement &n......ons of the P.W.'s and D.W.'s plaint, written statement, S.A.and R.S. record wrongly allowed the appeal reversing the judgment and decree of the trial Court and held that the there is no documentary evidence which proved that the defendant No.1 is the benamder of the Zulkadar Khan in the said auc..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......sed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......ne and store house of arms and indulged in committing varied kind of offences like mutiny, murder, attempt to murder, looting, arson, theft, extortion, dacoity etc. including causing disappearance of evidence of offence of murder by removing dead-bodies and burrying them in a mass-grave. The aforesa..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ...... Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......emptee make investment for the improvement of the case land? 8. Is the pre-emptor entitled to pre-emption as prayed for? 4. The trial Court on consideration of the materials and evidence on record and the submissions of the learned Advocate of the contesting parties and h..Category: Property Law | Date: | Hits: 38
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....W. 8 and the postmortem report. Rameshwar's case distinguishable from the facts of the present case. 15. However it is nobody's case that inquest report when proved by its maker, the I.O. is inadmissible. Reference may be made of the case of Bangladesh (State) Vs. Paran Chandra Baroi report......tter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......responsibility to investigate the Case, which he did from 06.09.2000 till 26.02.2001, when the investigation was taken over by his successor S. I. Md. Nurul Islam (P.W.14) who, thereafter, finding no evidence, submitted final report, on 21.03,2001, under section 173 of the Code of Criminal procedure..Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......rference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......e occurrence and the alleged confessional statement is not true and voluntary but is a product of physical/mental torture. 11. The learned Additional Sessions Judge, on consideration of the evidence on record, found the appellants guilty under Sections 302/34 of the Penal Code and sentenc..Category: Criminal Law | Date: | Hits: 53
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......iding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......ts are still vacant and possession of the same was never handed over to any body and thus disputed questions of facts having been raised, the Court sitting in writ jurisdiction, will not take evidence and adjudicate on such matter; further the submission made by the petitioners to the ..Category: Property Law | Date: | Hits: 34
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ...... Ed. This Case is also Reported in: VI ADC (2009) 684. ...... the High Court Division in Civil Revision No.1079 of 2008. A Single Bench of the High Court Division after hearing rejected the application summarily on the finding that the plaintiff by the evidence on record succeeded in proving his title and possession in the suit land and the cour..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......or leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......intiff has no right, title and interest or possession in the suit land and hence the suit is liable to be dismissed. 5. The learned Assistant Judge on due consideration of the materials and evidence on record and the submissions of' the learned Advocates of the contesting parties dismiss..Category: Property Law | Date: | Hits: 54
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......cordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......rrent or not arrived at by the Court of Appeal below, is binding upon the High Court Division except in certain well defined circumstances, such as, non-consideration or misreading of the material evidence affecting the merit of the case, the High Court Division ignoring the well settle princip..Category: Property Law | Date: | Hits: 25
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......tion is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......larly. The plaintiff has got other six shops which have been also let out to different person and the suit is liable to be dismissed. 4. Trial Court after hearing the case and examining the evidence on record and perusing the agreement and documents decreed the suit by his judgment and de..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......nterference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......e proper inquiry to ascertain whether a Bazar was established by the owner of the suit land or it was established by any other persons without obtaining consent of the owner of the suit land and no evidence was called either from local people or shop keepers to ascertain who established the Bazar ..Category: Property Law | Date: | Hits: 25
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......his judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ...... 302/109 of the Penal Code. 4. Prosecution in this case in all examined 16 witnesses. The accused persons were under section 342 of the Code of Criminal Procedure and they declined to adduce any evidence. The defence plea as it appears from the trend of cross-examination of the prosecution witn..Category: Criminal Law | Date: | Hits: 53
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