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Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......issed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......he High Court Division committed an error of law resulting in error in the decision of the case occasioning a failure of justice in misreading the pleadings of the parties as well as the evidence on record and in filling to consider the legal effect of the admitted fact and in basing h..Category: Property Law | Date: | Hits: 30
Md. Golam Wahed Mandal and others Vs. Abu Bakkar Mia and others, 2008, 37 CLC (AD)
....e are not inclined to interfere with such finding of fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 377. ......missed. Ed. This Case is also Reported in: VI ADC (2009) 377. ......ppears that the High Court Division considered that the settlement was obtained in the name of minor Meharun Nessa on 07.12.1933 and that there is no evidence that Meharun Nessa exercised her right of possession by asserting her title. The High Cour..Category: Property Law | Date: | Hits: 23
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....rt Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ...... The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 103. ...... (ninety) days of the date of decree failing which the decree for partition was to be maintained. 5. On appeal being Title Appeal No.53 of 1994, the appellate Court upon consideration of the evidence on record refused the claim of the benami as raised by the defendant Nos.1 and 2 and held ..Category: Property Law | Date: | Hits: 49
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 97. ......) 97. ......rawing such a conclusion. 5. It appears from the record that there is no sufficient pleading in support of plaintiff's claim of adverse possession in the suit land and there is also no legal evidence as well in support of plaintiff's claim. To enable a plaintiff to acquire title by ad..Category: Property Law | Date: | Hits: 22
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ...... the case surrendered before the learned Magistrate on 13-9-1999 and was granted bail by the learned trial Court on 30-9-1999 and allowed to contest the case. 6. The trial Court on considering the evidence of the P.W's and D.W's and after hearing the parties found the accused guilty under section..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ...... DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (SC) 357; Wright, Crossly and Co. S.T.M. 15 RFC 131; Ellis & Co. T.M. 21 RFC 617; G.C.H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C......ereby an erroneous decision is reheard and corrected but lies only for patent error apparent on the face of the record. Unless the impugned order show as such merely reversing the order basing on the evidence on record would not render the order in review on those jurisdiction. Similarly, an error w..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610............................Respondent Judgment June 4, 1995. Cases Referred to- Monoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (1989) 484; State of Punjab Vs. Amar Singh Harika, AIR 1966 SC 1313; Ram Bilas Paswan Vs. Union of India (Cal) (1991) 16. Lawyers Invol...... upon an independent enquiry under the aforesaid Rules of 1976 in which the District Judge who passed the impugned order recorded his own finding as to the guilt of the respondent on the basis of the evidence on record and as such the consideration whether the conviction of the respondent in the Mar..Category: Administrative Law | Date: | Hits: 144
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ...... Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respondent Judgment July 29, 1998. Lawyers Involved: Moinul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the ......it land and further that the four boundaries given in the plaint related to the suit land and no other land. For coming to this conclusion the said two Courts had elaborately discussed the material evidence adduced by the parties, more particularly the amalnama, Ext.4. In this Ext.4 the defendan..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ...... Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case ......which caused plaintiff's failure to appear in the suit when it was called on for hearing and thereby it was dismissed for default. The learned trial Judge upon assigning reasons believed the evidence of P.W.I and accordingly allowed the Misc. Case and restored the suit to his original file..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......r Rhman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Ranjit Sarker and others..................Defendant-Appellants. Vs. Sree Sukhendu Bikash Biswas & others.........Plaintiff-Respondents Judgment June13, 1996. Result: The appeal is allowed. Lawyers Invo....../-. In substance the defence case was that the deeds assailed by the plaintiff were not colourable deeds but genuine deeds. 4. On consideration of the facts and circumstances of the case and the evidence on record the trial court dismissed the suit. The unsuccessful plaintiff then took an appea..Category: Property Law | Date: | Hits: 66
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....n interfering with the above findings of fact of the court of Settlement without coming to the conclusion that these findings were based either on non-consideration of evidence on record or on inadmissible evidence or on no evidence at all. 8. Mr. A.W. Bhuiyan, learned Additional Atto......…….Respondents Judgment April 2, 1998. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, (Md. Sajjadul Huq, Assistant Attorney General with him instructed by B. Hossain, Advocate-on-Record – For the appellant. Rafique-ul Huq, Seni......tion there was no valid gift, the writ petitioner did not acquire any right, title and interest in the said property on the basis of the gift and secondly, there being no oral and documentary evidence contrary to the resumption of section 5(2) of Ordinance No.54 of 1985, the writ petit..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......esent: ATM Afzal CJ Latifur Rahman J AM Mahamudur Rahman J Indrajit Kundu and others.................................Appellants Vs. Bejoy Krishna Kunda being dead his heirs Biswajit Kunda and others ........Respondents. Judgment March 4, 1......tter of deed of reconveyance dated 18.2.78. After taking several adjournments the respondents failed to answer the interrogatories and as such the trial court debarred the respondents from leading evidence in respect of the deed of reconveyane dated 18.2.78 against which order the respondents fi..Category: Property Law | Date: | Hits: 34
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... is also Reported in: II ADC (2005) 548. ......wer to the District Judge to set aside whether appellant was benefited by sufficient cause in appearing before him when the appeal was called on for hearing. It is also contended that from the evidence on record it appeared that the appellant was not prevented by sufficient cause. Mr. ..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......manatullah & others.....................appellant Vs. Ali Mohammad Bhuiyan & another..................Respondents Judgment May 20, 1997. Result: The appeal is allowed. A finding of fact, whether concurrent or not, arrived at by the lower appellate court is binding on the......rived at by the lower appellate court is binding on the High Court, as a revisional court except in certain well-defined exceptional circumstances, such as non-consideration or misreading of material evidence affecting the merit of the case………………………………(11) Cases Referred t..Category: Procedural Law | Date: | Hits: 36
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......on. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......assigning any cogent reasons. That P.W.s 1, 2, 3, 5, 7 and 8 are eye witnesses of the occurrence. The so-called eye witnesses are interrelated, partisan and interested witnesses and as such, their evidence must be closely scrutinized before it is accepted. It should not be accepted on its face v..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......r as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......ladesh Vs. Md. Jalil 49 DLR (AD) 26, it has indeed been held that section 5(2) of the Ordinance clearly provides that the list published under sub-section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and has vested in ..Category: Property Law | Date: | Hits: 30
Mohammad Mozaffar Ahmed Miah Vs. State and another, 2007, 36 CLC (AD)
.... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ......ance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ......not been filed as because there is an error in the judgment, sought to be reviewed, which is apparent on the face of the record or that on the ground of discovery of new and important materials or evidence which could not be produced before the Court earlier in spite of exercising due diligence...Category: Criminal Law | Date: | Hits: 38
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......ed in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......1(Ka), 2, 2 (Ka), 3, 4, 5 and 5 (Ka). The defendant also adduced 5 witnesses and produced documents marked Exhibits- 'Ka' and 'Kha'. 5. The trial Court on consideration of the materials and evidences on record and the submissions of the learned Advocates of the contesting parties decreed ..Category: Property Law | Date: | Hits: 34
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....plice. 13. Confession under section 164 of the Code of Criminal Procedure of an accused immediately after he is produced from a prolonged police custody shall not ipso facto render it inadmissible as illegal unless police persecution and torture is alleged. In the instant case the a......of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......rosecution case and accordingly it reacts on the whole prosecution case. Delay therefore puts a very heavy onus on the prosecution to prove the guilt of the accused to the hilt by corroboration of evidence by disinterested and independent witnesses to establish the truth by extrication of conseq..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......fur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents Judgment November 12......that the present appellant had willfully defaulted in making appearance in the suit because there was no gazette notification declaring the suit property as a reserved forest. Considering the oral evidence of one P.W. Two D.Ws and the documentary evidence the trial Court decreed the suit. On an ..Category: Property Law | Date: | Hits: 35
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