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Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....t AM Mahmudur Rahman J.- Civil Revision No.605 of 1985 is at the instance of the plaintiff‑petitioner while Civil Revision No.383 of 1985 at the instance of defendant No.88 petitioner. 2. The facts necessary for disposal of these Rules are as follows: In Civil Revision No.383 of 1985 a si......itiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......by this Division in exercise of its power inasmuch as by the order complained of, in my opinion, no failure of justice has been occasioned. Order 8 rule 1(2) empowers a defendant to put a document in evidence in support of his defence or claim, although he did not file the written statement with the..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
.... G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made without lawful authority and of no legal effect. 2. Since identical question of facts as well as law having been involved in these two Rules the same are being heard and will now b......e is also Reported in: 45 DLR (HCD) (1993) 634. ......sposed of according to such Rules, the Revenue‑Officer shall finally frame the record and shall cause record to be finally published in the prescribed manner and the publication shall be conclusive evidence that the record has been duly prepared or revised under this Chapter. So after the forum of..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......StateMohammad Sarwar Vs. State, 21 DLR (SC) 182; Bangladesh Vs. Abdur Rahman, 1982 BCR 367; Abdul Jabbar Vs. The State, 37 DLR 278; Emperor Vs. Anwar Ali, 1948 AIR (Lahore) 27; Rao Shiv Bahadur Singh and another Vs. State of Vindh‑P, 1954 AIR (SC) 322. Lawyers Involved: Serajul Huq with Zulm......hen the appellant took action against said Rezia Khatun the informant in connivance with Rezia Khatun hatched upon a plan and initiated the present proceeding. The trial Court on consideration of the evidence on record found the appellant guilty of the charge levelled against him and he convicted an..Category: Criminal Law | Date: | Hits: 90
.... such examination for next 5 years. In the said notice the details of the charges were given as found by the inquiry committee.
13. The inquiry report revealed in substance, that by suppression of facts the petitioner got his examination centre transferred to Babuganj. Signature of Md. Ishaque ap......upreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdul Jalil J
Md. Badruzzaman J
Kazi Shafiul Nasher…………………Petitioner
Vs.
Secondary and Higher Secondary Education Board, Jessore and others………………Respondents
Judgment
......hown any document and the names of the witnesses were not disclosed to him nor even the names of the members of the Inquiry Committee. The petitioner was not given any opportunity to see what was the evidence recorded against him and he was not allowed either to cross examine or to confront the witn..
Category: Civil Law | Date: | Hits: 159
Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)
....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535............Petitioner Vs. The State………………………………………........Respondent Judgment February 24, 2011. Result: The petition is dismissed. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record...... Sessions Case No.23 of 2001and was charged under sections 302/149/379/380 of the Penal Code to which he pleaded not guilty and claimed to be tried. 3. The prosecution case, as it appears from the evidence of P.W.1, the informant was that on 19.05.1998 when his nephew, Aslam Ali (the deceased) de..Category: Criminal Law | Date: | Hits: 52
Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)
.... ordered that out of the fine amount of Tk. 27,000/- was to be paid to the heirs of the victim in accordance with Muslim Law of inheritance and remaining Tk. 5,000/- was to go to the State. 2. The facts relevant for disposal of the instant leave petition are that on 29.12.1996 the victim Motafa w......resent: 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 Md. Shamsul Huda J Md. Yusuf Ali and other……………………………Petitioners Vs. The State ……………………â€......he charge. Twelve witnesses were examined by the prosecution and the accused were examined under Section 342 of the Code of Criminal Procedure when they again pleaded not guilty, but did not lead any evidence. After considering all the evidence and materials on record, the learned Additional Session..Category: Criminal Law | Date: | Hits: 52
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
..... - This petition for leave to appeal is directed against the judgment and decree dated 7th January, 2010 of a Division Bench of the High Court Division in First Appeal No.78 of 2007. 2. The short facts relevant for the disposal of this petition are that the petitioner instiÂtuted Title Suit No.......structed by Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the High Court Division in Firs! Appeal No.78 of 2007.) Judgme......w in dismissing the appeal in failing to consider that the tripartite agreement has not been rescinded and since the plaintiff is willing to perform its part of obligation, in the absence of contrary evidence, it is entiÂtled to a decree for specific performance. He further contended that the High ..Category: Civil Law | Date: | Hits: 93
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......nt: Surendra 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 Kazi Kamrul and others …………………….......Petitioners Vs. The State ……………………â€......e and the gun which were kept concealed by the slide of a fuel tank in presence of the witnesses. 3. In course of the trial of the case, the prosecution has examined 14 witnesses. Besides the oral evidence, the prosecution has also relied upon the confessional stateÂments of accused Mouza Ali an..Category: Criminal Law | Date: | Hits: 64
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....on failed to consider such legal aspect of the case. 10. The learned Advocate-on-Record appearing on behalf of the respondent No. 9 found it difficult to resist the leave petition in the aforesaid facts and circumstances. 11. Considering the facts and circumÂstances of the case and the submis......Wahhab Miah J Bashaboo Girls High School, Madhay Bashaboo, Police Station- Sabujbagh, Dhaka represented by its Head Master-Cum-Secretary……………………..Petitioner Vs. Sharafunnessa and others …………....................................Respondents Order May 9, 2011. ......le". Security of Tk. 1000/- is to be depositÂed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ..Category: Property Law | Date: | Hits: 70
....ring the plaintiffs' title in the suit land."
Petitioner is permitted to prepare the paper book out of Court in accordance with rules.
Ed.
This Case is also Reported in: VIII ADC (2011) 479.
......s Republic of Bangladesh, repreÂsented by the Deputy Commissioner, Satkhira ...............................Petitioners
Vs.
Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and othÂers ....................................Respondents
Order
January 27, 2011.
Result......31 to K.O.S. Samity and the defendant as president of the said Samity took lease on the basis of D.C.R. and the Samity is in possession of the suit land.
6. The trial Court on consideration of the evidence on record decreed the suit by its judgment and order dated 23rd June, 1984. On appeal from ..
Category: Property Law | Date: | Hits: 76
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....that he collusively creÂated the impugned deed. 6. We have perused the judgment of the Courts below and that of the High Court Division and also other materials on record. On consideration of the facts and circumstances of the matter, we find merit in the contention of the learned counsel. Le...... Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Ali Amzad Khan…………………………………………………Petitioner Vs. Md. Titam Khan and others ................................Respondents Order January 6, 2011. Result: Le......ner transferred the suit land in his favour by deed dated 10th March, 1997 and that he has been in possession of the same of payÂment of rent and taxes. 3. The trial Court on consideration of the evidence on record by judgment and order dated 16th November, 2000 dismissed the suit. On appeal fro..Category: Property Law | Date: | Hits: 87
..... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
......J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Subrata Dev Roy..................................Petitioner
Vs.
Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another........................................Respondents
Judgment
January 18, 2011.
R....... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
..
Category: Procedural Law | Date: | Hits: 76
Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
....Petition for Leave to Appeal No.911 of 2008 dismissÂing the same affirming those dated 08.04.2008 passed by the High Court Division in Civil Revision No. 3291 of 2000 discharging the Rule. 2. The facts involved in the case, in short, are that Tara Moni Dey, Upendra Kumar Dey. Mohendra Kumar Dey ......reme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Rupesh Ranan Dey and another…………….....Petitioners Vs. Md. Abdur Razaque and others………….............ivision without considering that in the instant suit being a suit for permanent injunction neither the Court of Appeal below nor the High Court Division passed the decree on consideration of the oral evidence on the points of possession of the plaintiff in the suit land. 5. In view of the provisi..Category: Property Law | Date: | Hits: 50
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....sion by injunction and the principle of law as referred to in the impugned judgment in the cases reported in 41 DLR (AD) 92 and 42 DLR(HCD) 408 are not applicable as they are distinguishable from the facts and circumstances of the instant case." Security of Tk. 1000/- is to be depositÂed within ......Ed. This Case is also Reported in: VIII ADC (2011) 492. ......it, land has not been divided or partitioned on metes and bounds and that the Appellate Court below erred in decreeing the suit without discussing and considering the depositions of the witnesses and evidences adduced and produced in the case by the respective parties and that the Appellate Court be..Category: Property Law | Date: | Hits: 60
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....spondent declaring an order of the Chief Metropolitan Magistrate freezÂing the bank account of the writ petitioner to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the disposal of this petition are that the writ petitioner is the owner of a busi......ra Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission repÂresented by it's Chairman, 1, Segunbagicha, Dhaka……………….Petitioner Vs. M.A.H. Salim and others …………………………….......Respondents Order February 24, 2011. Res......one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ..Category: Criminal Law | Date: | Hits: 136
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
.... 2. This petition for leave to appeal is directed against the judgment and order dated 31.05.2010 passed by the High Court Division in Writ Petition No.605 of 2006 making the Rule absolute. 3. The facts leading to the filing of this petition for leave to appeal, in short, are: The respondents ......C (2011) 508.......k. 1,000/- is to be depositÂed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508...Category: Employment/Service Law | Date: | Hits: 85
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....observed that the plaintiff was not given any opportunity of being heard and arrived at an erroneous decision occasionÂing failure of justice, which need be interÂfered with. 10. Considering the facts and circumÂstances of the case and the submissions of the learned Advocate we find merit in t......srat Dhulia Dakhil Madrasha, Sayedpur Police Station Sayedpur, District- Nilphamari……………………………………………………………………Petitioner Vs. Md. Rafiqul Islam and another ................................Respondents Order April 28, 2011. Result: Le......opportunity of being heard and that the Madrasha Board did not approve the dismissal order of the plaintiff passed along with the four teachers and that the appellate Court below did not consider the evidence of the plainÂtiff available on record. 8. We have heard the learned Advocate and peruse..Category: Employment/Service Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....the writ petitions, the affidavit-in-opposition, the impugned order of the Ministry and other relevant documents. We have also perused the judgment of the High Court Division. On consideration of the facts and circumÂstances of the matter, we find merit in these petitions. Leave is, therefore, gran......eported in: VIII ADC (2011) 471. ......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ..Category: Employment/Service Law | Date: | Hits: 47
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....defendant No. 1 which has nothing to do with the contract of carriage of good by vessel at the releÂvant point of time and therefore the jurisdiction of Admiralty Court cannot be attracted under the facts and cirÂcumstances of the present case; II. For that there is no existence of any agreeme...... Appellate Division (Civil) Present: Shah Abu Nayeem Mominur Rahman J Md. Abdul Wahhab Miah J Continental Traders (BD) Ltd..................................Petitioner Vs. Co. and GE Sea Services Ltd & others .....................Respondents Order May 8, 2011. Re......earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
....nths from the date of knowledge as such when the pre-emptor came to know about the transfer of the suit land the suit property was situated very much within the municipal area and that the finding of facts arrived at by the lower appellate Court whether concurrent or not, is final unless it is mater......, Advocate-on-Record-For Respondent Nos.1 (a), 1(b), 1(g) & 14. Not represented-Respondent Nos. 1(c), 2-13, 15-16. Civil Petition for leave to Appeal No. 1431 of 2008. (From the judgment and order dated 9.4.2008 passed by the High Court Division in Civil Revision No.593 of 2007) Judg......n the municipal area and that the finding of facts arrived at by the lower appellate Court whether concurrent or not, is final unless it is materially perverse and non consideraÂtion of the material evidence. The learned counsel for the petitioner could not also point out any misreading or non r..Category: Property Law | Date: | Hits: 64
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