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Matiur Rahman and others Vs. Md. Nowab Ali and others, 2011, 40 CLC (AD)
....d upon consideration and discussions of legal evidence and materials on record and also on a correct and proper analysis of the legal aspects involved in the suit land the findings being a finding of facts are not liable to be disturbed by the High Court Division in exercisÂing of power under Secti...... Ed. This Case is also Reported in: VIII ADC (2011) 468.......he appellate Court below observing, amongst others, that “P.W.1 Nowab Ali the plaintiff No.1 deposed that they are in continues possession in the suit land by paying rent to the government. His evidence regarding possession were corroboÂrated by the other two local witnesses. Although they we..Category: Procedural Law | Date: | Hits: 57
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
.... Kumar Sinha J. - By this petition, the petitionÂers challenged the judgment and order dated 7th May, 2009 of a Single Bench of the High Court Division in Civil Revision No.3631 of 1994. 2. Short facts relevant for the disposal of this petition are that the Hossain Ali, Kanchan Bibi, Hason Bibi,......pellate Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Ahu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Kabir Hossain and others………………………………Petitioners Vs. Abdur Razzak Mallik and othersâ€......low ignoring this admitted fact set aside the judgment and decree passed in Title Suit No. 138 of 1969. The Court of appeal below being the final Court of fact without at all considering the material evidence and other materials on record maintained the decree on the reaÂsonings that the respondent..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ty referred to are contained in one document and to cases in which they are contained in more documents than one. Explanation 3‑ The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same ......r Rahman, with Serajur Rahman, Advocates ‑ For the Opposite Party. Civil Revision No.2183 of 1990. Judgment Naimuddin Ahmed J.- This revisional application is directed against the judgment and decree passed by the Subordinate Judge, 4th Court Dhaka on 6.8.1990 in Title Appeal No.319 of 19......ent when the deed was written. He also stoutly denied having fraudulently got the deed of Hiba‑Bil‑Ewaz scribbled and got it executed and registered by the plaintiff. 5. After considering the evidence adduced by both the parties in the surrounding circumstances and after hearing the parties ..Category: Property Law | Date: | Hits: 87
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
.... of accuseds in the Sessions Case No.12 of 1990 under sections 147/302/109 of the Penal Code pending in the Court of Sessions Judge, Feni and they are being disposed of by this order as the self same facts and law are involved in them. 2. The main question involved in these Rules is whether the t...... This Case is also Reported in: 45 DLR (HCD) (1993) 610. ......Sessions Case No.12 of 1990 be stopped and the accuseds be released for the present. Both the Rules are governed by this Judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 610. ..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....proceedings in Petition Case No.11016a of 1984 pending in the Court of Mr. Mamtazuddin Ahmed, Metropolitan Magistrate, Dhaka was stayed till hearing of the Rule. 2. The Rule arose in the following facts and circumstances: The complainant‑opposite party lodged a complaint on 19.11.84 in the ......¦Petitioner Vs. Kazi Misbahul Alam……………………Opposite Party Judgment November 30, 1992. Result: The Rule is made absolute. Cases Referred to- Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 38 DLR 4; Ansaruddin Molla Vs. Hamed Molla and others, 18 DL......e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ..Category: Criminal Law | Date: | Hits: 98
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
...... also Reported in: 45 DLR (HCD) (1993) 601.
......property vide notification in the official Gazette. Sub‑section (2) of section 5 of Ordinance No.LIV of 1985 provides as follows:
"The lists published under sub‑section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in t..
Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....nnexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The petitioner joined in service of Banglad......emo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as follows: 3. The......legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598...Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....l Sessions Judge by order dated 21.6.93 was pleased to enlarge the accused petitioner on bail. 5. In order to frustrate the order of bail, the police in a mala fide manner suppressing all relevant facts filed an application on 21.6.93 in the afternoon before the Chief Metropolitan Magistrate, Dha......Khondakar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; Mohd. Raft Vs. State, (1969) Pakistan Criminal Law Journal 873; Jahangir Lai Vs. Emperor, 1935 AIR Lahore 230; Naeemullah Vs. SSP Faisalabad and others, 1992 Pakistan Criminal Law Journal 985; Tofazzal Hossain Sheikh Vs. Mir Md. Akand and ot......asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593...Category: Criminal Law | Date: | Hits: 87
Eurco Explorer Co. Ltd. Athens Greece and others Vs. Grain Bank Ltd., 1992, 21 CLC (HCD)
....ed this Rule against the order of an ad interim attachment before judgment passed on March 7, 1988 by the learned Subordinate Judge, 2nd Court, Chittagong in Money Suit No.16 of 1988. 2. The short facts necessary for disposal of this rule are: The opposite party instituted Money Suit No.16 of ......(HCD) (1993) 591. ......equent upon the illegal impugned order. In the result, the rule is made absolute. The parties are to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 591. ..Category: Civil Law | Date: | Hits: 75
Shamsuddin Vs. The State, 1990, 19 CLC (HCD)
....which clearly indicate that the ligature mark is post‑mortem in nature and from the evidence of P.W.10 it further appears that this is a case of murder and not suicide. The evidence of P.W.3 in the facts and circumstances of the case as well as the evidence of P.W.10 clearly indicates that it was ......Vs. The State……………………Opposite Party Judgment December 10, 1992. Result: The appeal is dismissed. Cases Referred to- State Vs. Kalu Bepari, 43 DLR 249; Rezaul Haq and others Vs. State, 42 DLR 440. Lawyers Involved: Mansur Habib, Advocate ‑ For the Appella......ered from the trend of cross‑examination, is that of innocence and their further case is that deceased Rozina Khatun committed suicide by hanging. The learned Sessions Judge 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: 66
Sufia Khatun and others Vs. Abdul Majid and others, 1992, 21 CLC (HCD)
....icle 168 of Limitation Act and their Lordships was pleased to dismiss the application for readmission of the appeal on the ground of limitation. 12. Thus having considered the material, on record, facts and circumstances and the legal aspects of the matter I am led to the conclusion that the lear......to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 584. ...... Defendant Nos. 1‑5 who figured as opposite parties appeared in the aforesaid suit and filed a written statement and all the averments made in the plaint were categorically denied. Both parties led evidences in support of their respective contention and the learned Munsif on consideration of the e..Category: Procedural Law | Date: | Hits: 74
Mst. Momtaz Begum Vs. Anowar Hossain, 2011, 40 CLC (AD)
....84 of 1996.) Judgment Surendra Kumar Sinha J.- This appeal raises questions of some importance in the field of Mohammedan Law but they are not abstract questions which can be divorced from the facts giving rise to them and in order to resolve them the facts in some detail are necessary. 2.......a Shwe Baw (1929) 7 Rang 777, 121 I.C. 718, Gagu Bibi V. Mesal Shaikh (1936) 63 cal 415, 164 I.C. 957, Shahzada Begum V. Abdul Hamid (1950) Lah 773, Khorshed Alam @ Shah Alam V. Amir Sultan Ali Hyder and another, 38 DLR (AD) 133, Debendra Mohan Rai V. Sona Kunwar, (1904) 36 Allahbad 295, Abdool Raza......s an employee under him. He misappropriated a sum of taka thirty five thousand from his shop and to divert the said incident, the appellant instituted the suit by making wild allegations. Besides the evidence of the appellant, the Family Court on assessment of the evidence of Shadrul Islam (P.W.2), ..Category: Family Law | Date: | Hits: 318
....ance, 1983 provides that the term of a Union Parishad shall be a period of three years commencing on the day of its first meeting after its constitution, the term of the Dasuria Union Parishad in the facts and circumstances of the case shall expire on 4.1.94 as the petitioner held the first meeting ......e Hussain Mohammad Habibur Rahman J
Abdul Hasib J
SM Abdur Rob…………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and others..................Respondents
Judgment
December 19, 1991.
Result
The applicati......s of the said Union Parishad in the last week of January, 1992.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 581.
..
Category: Election Law | Date: | Hits: 129
Abdul Karim Vs. Shamsul Alam, 1993, 22 CLC (HCD)
....sition of additional duty. In the result, the appeal is dismissed. The impugned judgment of the Court of appeal below is returned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 578. ...... Abdul Karim………………Appellant Vs. Shamsul Alam……………….Respondent Judgment September 5, 1993. Result The appeal is dismissed. Cases Referred to- Shah Alam and others Vs. State, 42 DLR (AD) 31; Akamuddin Ahmed Vs. State, 27 DLR(AD) 175; Nasiruddin Mahmud a......d and there was no intention of cheating on his part. But the complainant out of greed and for wrongful gain filed the false case against the accused. 4. The learned Magistrate on consideration of evidence of 5 witnesses including the complainant by, his judgment dated 9.3.86 convicted and senten..Category: Criminal Law | Date: | Hits: 69
Gias Uddin Vs. State, 2002, 31 CLC (HCD)
....el about the minor children of their family, but they have been falsely implicated in the case. 7. The learned trial Court thereafter in consideration of the evidence on record and considering the facts and circumstances of the case, found the accused‑appellant guilty of the offence charged und...... the Respondent‑State. Criminal Appeal No. 1790 of 1996. Judgment Tariqul Hakim J.- This Criminal Appeal, at the instance of accused‑appellant Giasuddin, is directed against the judgment and order, dated 19‑10‑1996, passed by the learned Additional Sessions Judge, First Court, Mymen......r close of the prosecution witnesses, the accuseds in the dock were examined under section 342 of the Code of Criminal Procedure to which they repeated their innocence. The defence did not adduce any evidence. 6. The defence case as could be gathered from the trend of cross‑examination is total..Category: Criminal Law | Date: | Hits: 51
Mobarak Ali Gazi (Md.) Vs. State, 2003, 32 CLC (HCD)
....m in this case. Accordingly, the convict petitioner is discharged from his bail bond. Let the lower court records be sent down at once. Ed. This Case is also Reported in: 55 DLR (2003) 325.......orney-Genera-For Opposite Party. Criminal Revision No. 555 of 1998. Judgment Md. Arayesuddin J.- In this revision Rule was issued upon the opposite party to show cause as to why the judgment and order passed by the learned session Judge Satkhira in Criminal Appeal No. 47 of 1997 upholding t......s Head Mistress he has been implicated in this case. 4. On behalf of the convict petitioner the learned Advocate Mr. Abdus Sobhan Tarafder with Mr. AKM Moniruzzaman submits that it is a case of no evidence. He has submitted that the extra judicial confession by the convict petitioner is not admis..Category: Criminal Law | Date: | Hits: 62
.... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
......on
(Special Original Jurisdiction)
Present:
Md. Joynul Abedin J
A Salam Mamun J
Reliance Auto Ltd…………...Petitioner
Vs.
Commissioner of Customs, Customs House, Chittagong and ors……….Respondents
Judgment
March 31, 2003.
Lawyers Involved:
Md. Aman Ullah,...... inordinate delay speaks a volume against the Customs authority.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 322.
..
Category: Business or Commercial Law | Date: | Hits: 209
James Finlay Plc Vs. Commissioner of Income Tax, 2000, 29 CLC (HCD)
....80 under section 49AA of the Income Tax Act, 1922. 4. In Reference Application No. 48 of 1985 the Department has formulated and referred to us for our opinion the sole question: "Whether on the facts and in the circumstances of the case, the learned Taxes Appellate Tribunal, Division Bench Chi......nt December 8, 2000. Case Referred to- Unit Construction Company Ltd Vs. Bullock (Inspector of Taxes) (1961) 42 ITR 340 (HL). Lawyers Involved: Syed Ishtiaq Ahmed with Md. Asaduzzaman and Nihad Kabir, Advocates-For the Applicant. Dabiruddin Ahmed, Deputy Attorney-General-For the R......ned in Article 5(2)(b) of the Convention. It further appears that no restriction has been imposed by Article 7(3) on the allowance of any expenditure which is of capital nature. A conflict is clearly evidenced between the provisions of Article 7(3) of the Convention and section 10(vi) of the Act and..Category: Fiscal/Taxation Law | Date: | Hits: 120
Munsur Fakir and others Vs. State, 2003, 32 CLC (HCD)
...., 44 DLR (AD) 233. 35. We have perused the entire record and heard the learned Advocates. 36. Let us see how far the conviction and sentence of the appellants are well founded in law as well as facts. 37. As stated above, the prosecution case is that on 13‑9‑1989 at about 7‑00 AM the ...... This Case is also Reported in: 55 DLR (2003) 307. ....... He filed the Khatian, which was marked as Exhibit 11. 29. In cross-examination, He denied that the land was recorded in the name of Mansur Fakir and others. 30. After the close of prosecution evidence the appellants were examined under section 342 of the Code. All of them pleaded not guilty ..Category: Criminal Law | Date: | Hits: 60
Sarwari Begum Vs. Bangladesh, 1993, 22 CLC (HCD)
....idavit‑in‑opposition wherein it has been contended that there is no illegality in enlisting the disputed house as abandoned property. The contesting respondent No.1 has not, however, disputed the facts alleged in the writ petition but has admitted in paragraph 4 of the affidavit‑in‑oppositio......ohammad Gholam Rabbani J Sarwari Begum………………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others……..Respondents. Judgment March 28, 1993. Case Referred to- 43 DLR 139. ......tioner within 3 months from this date. Considering the nature of the case the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 571. ..Category: Property Law | Date: | Hits: 75
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