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Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......hellip;……………………………Respondent Judgment February 11, 1985. Words and phrases Discrepancy in the evidence Discrepancy in the evidence of the eye-witnesses and the evidence of the doctor hol..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371........ 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......rney or his representative was in possession of the disputed property and was managing the same. Neither before the Court of Settlement nor before the High Court Division respondent No.1 produced any evidence to show that on 28-2-1972 the owner or his attorney was in possession and was managing the ..Category: Property Law | Date: | Hits: 40
Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ...... sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......ellip;…………...Respondent Judgement August 22, 1984. The Evidence Act, 1872 (Act I of 1872) Circumstantial Evidence The circumstantial evidence adduced by P.Ws 5, 6 and 7 is not at all sufficient to prove that appellant Waze..Category: Criminal Law | Date: | Hits: 52
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....trospective". Their Lordships observed: "While provisions of a statute dealing merely with matters of procedure may properly, unless that construction be textually inadmissible, have retrospective effect attributed to them, provisions which touch a right in......This Case is also Reported in: 37 DLR (AD) 71. ...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 71. ..Category: Others | Date: | Hits: 86
Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)
...., the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 67. ...... Appellate Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das ......ion appears to follow from the declaration prayed for in the plaint, the contention that there was no question of limitation does not appear to be unacceptable. Where it is found after taking evidence that certain documents are null and void being fraudulent such document may be cancelled a..Category: Property Law | Date: | Hits: 38
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......ent July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33 The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the parti......in the property which was found by the trial Court. It was pointed out by the High Court Division that the plaintiff himself had preferred the appeal and the appellate Court after consideration of evidence on record found that the plaintiff was entitled to a reduced share and on calculation..Category: Property Law | Date: | Hits: 38
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......on. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......he prosecution examined 11 (eleven) witnesses while the defence examined none. 8. On conclusion of the trial, the learned Sessions Judge, Chittagong considering the facts, circumstances and evidence on record found them guilty of the offence 302/34 of the Penal Code and by his judgme..Category: Criminal Law | Date: | Hits: 35
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....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: VI ADC (2009) 343. ......cord arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......hem, a member of the local Union Parishad. The informant then lodged the F.I.R. 3. Police on completion of investigation submitted charge sheet. The trial Court on consideration of the evidence and other materials on record convicted and sentenced the respondent to death. 4. T..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......he same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......sed respondents under Section 302/34 of the Penal Code and the prosecution examined 15 witnesses in the case in the trial including the mother of accused Nazma Begum and after considering the evidence on record the learned Sessions Judge, Brahmanbaria found both the accus..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here is 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) 338. ...... for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ...... the bhela blow inflected by the petitioner No.2 caused incised wound in the medical aspect of and middle part of left thigh of the victim and the defence failed to create any crack in their evidence and the evidence of the doctor P.W. 1 showed that the victim died in receiving those ..Category: Criminal Law | Date: | Hits: 38
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ...... no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......picion. It has further been asserted that this deceased might have been killed by unknown miscreants when he was engaged in smuggling in the India-Bangladesh border area. 9. Considering the evidence on record and the defence version the learned Additional Sessions Judge found the accused..Category: Criminal Law | Date: | Hits: 41
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......on which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......the High Court Division found that the subject matter of the writ petition is a disputed question of facts and the violation of contract which can be adjudicated in the civil court on the basis of evidence and cannot be decided in a summary proceeding of writ jurisdiction. 12. The High Co..Category: Civil Law | Date: | Hits: 113
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......sed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......error in making the Rule absolute considering that onus was upon the defendant to prove that the plaintiff as a pardanashin lady was aware of the deed by misreading and non-considering the valuable evidence of the plaintiff (P.W.1) which was not at all considered by the trial Court, inasmuch as,..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Vickchand Miah and others..........Defendant-Appellants Vs. Khurshida Khatun & ors ..................Plaintiff-Respondents Judgment July 28, 1996. Lawyers Involved: Habibul I......es of Abdul Barek on 12 February, 1984 under the provisions of the Registration Act. Abdul Barek never executed any heba-bil-ewaz in favour of the plaintiffs. 4. On consideration of the evidence the learned Munsif found the deed of heba-bil-ewaj to be genuine one. He then noticed utte..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......e Division (Civil) Present: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J The People's Republic of Bangladesh represented by the Secretary Ministry of Works, Bangladesh Secretariat Building, Dhaka......... Appellant. Vs. The......ion 10 provides that a Court of settlement shall, after such inquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, may make such decision as it deems fit. In the instant case, t..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......Vs. Musammat Farida Begum.....Respondent Judgment April 8, 1997. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 115 Without reversing the findings of the courts below on the grounds mentioned in section 115 CPC, the High Court Div......e grounds mentioned in section 115 CPC, the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh appreciation of evidence. That is not its function in the revisional jurisdiction...................................Category: Family Law | Date: | Hits: 180
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......te Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rour J Bimalendu Bikash Roy Choudhury J Surendra Nath Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors.............................Defen......ct Judge allowed the application filed by the defendant respondents under order XLI Rule 19 C.P.C, holding inter alia, that the learned District Judge did not take into consideration the material evidence that during the period from 18.11.91 to 6.12.91 the appellant, Abdul Jalil, who used to mak..Category: Limitation Law | Date: | Hits: 166
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
.... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. .......Appellant Vs. Begum Shamima Naz Siddique and others..............Respondents Judgment December 7, 1998. Lawyers Involved: M. A. Wahab Miah, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. M. Nawab Ali, Adv...... yet been disposed of. It is also a fact that the alleged existence of a daughter of Khairunnessa was canvassed for the first time before he High Court Division and that also without any support of evidence. Again all throughout haziras were filed before the trial court on behalf of the deceased ..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......ccordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......anta Chakravarty, that defendants failed to prove Ext. E by competent witness and that on the basis of Ext. F defendants have not acquired any interest in the land of plot No. 685, that there is no evidence from the side of the defendants that Prabhat Chandra Shil Acquired title in respect of .61 ..Category: Property Law | Date: | Hits: 45
Dhaka City Corporation Vs. M/s. Abdul Kader (Pvt.) Ltd. and others, 2003, 32 CLC (AD)
....the matter, we do not find any substance in the appeal. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......ly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 291. ......laintiff demanded excess payment the same was not accepted. The present appellant denied the claim of the plaintiff as made in the plaint. 4. After examination of both oral and documentary evidence the trial Court decreed the suit directing that the plaintiff is entitled to an amount of T..Category: Civil Law | Date: | Hits: 88
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