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State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......nable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......espondent and thereby the above criminal revision being infractuous the Rule issued therein was discharged. Leave was granted to consider the submissions that in the present case the circumstantial evidences are very strong to prove the guilt of respondent and the learned Judges of the High Court..Category: Criminal Law | Date: | Hits: 48
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......sed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......tinguishable. 4. As it appears in the case of Erfan vs. Joinal Abedin reported in 35 DLR (AD) 216 it was held that "the rent receipts though not document of title are important items of evidence of possession and may be used as collateral evidence of title since possession generally ..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......all for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ...... regarding the question of existence of a Deity the entire case of the plaintiffs rests on oral dedication and although plaintiffs examined witnesses to prove the existence of a private Deity but the evidence on record shows that the private Deity was in the Chila Kotha of the homestead and there is..Category: Tenancy Law | Date: | Hits: 147
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......he petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......suit not maintainable as framed. The suit ought to have been dismissed on this issue." 9. Accordingly we are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at the correct decision. The learned counsel could no..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......ost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......o consider the submission that the High Court Division exceeded its revisional jurisdiction in setting aside the concurrent findings of facts arrived at by the courts below without considering the evidence on record and without the required finding as to how the courts below misread or misconstr..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......h made the Court of Settlement to hold that the alleged bainanama is a forged and anti-dated and the respondent No.1, thus obtained the exparte decree on the basis of the same and further there is no evidence that Md. Shafin was present in Bangladesh after the 25th March, 1971 and moreover till the ..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ...... This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......p;……………………………………………..”. 9. The trial Court on consideration of the evidence, both oral and documentary, has held that there is no reason to disbelieve the ÒPPv..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ...... Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......Court of competent jurisdiction and not otherwise. But in the case of State Vs. Golam Mostafa and others reported in 49 DLR (AD) 32 the Sessions Judge acted illegally in deciding the case upon the evidence recorded by the Special Martial Law Court. The Appellate Division observ..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ...... the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......amination under section 200 of the Code of Criminal Procedure is to see whether there is sufficient ground for proceeding and not to see whether there is sufficient ground for conviction. Whether the evidence is adequate for supporting the conviction can only be determined at the trial and not at th..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ...... 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ...... appear the High Court Division discharged the Rules upon observing that "It is will settled that in a case where basic facts are disputed and the complicated questions of law and fact depending on evidence were involved the writ jurisdiction is not the proper forum for seeking relief. Affidavit e..Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......cordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ...... pleaded not guilty and claimed to be tried. 5. The prosecution examined as many as fifteen witnesses in support of its case but the defence examined none. After the close of the prosecution evidence the accused persons were examined under section 342 of the Code of Criminal Procedure when..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......ordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......nation by the defence. The defence declined to cross-examine the tendered witnesses. The accused persons were also examined under Section 342 of the Code of Criminal Procedure on conclusion of the evidence of the prosecution and they again pleaded to be innocent and declined to adduce any eviden..Category: Criminal Law | Date: | Hits: 33
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......he Rule has observed that plaintiffs did not seek the relief as to their title in the land in suit and that the plaintiffs did not establish their claim as regard the land in suit by adducing evidence. 6. It is seen that plaintiffs have filed the suit seeking declaration the proceedi..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......o costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......High Court Division upon hearing the parties passed judgment but later on recalled the unsigned judgment and thereupon keeping the same reserved directed the appellate court to take additional evidence in respect of certain documents of the years 1923, 1924 and 1934 and also directed the app..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......s to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......endants had failed to prove the title of Rajendra Shil in the suit plot and that the Courts below wrongly disbelieved plaintiffs' possession therein. The learned Judge upon reassessment of the oral evidence of witnesses held both title and possession of the plaintiffs in the suit land and further..Category: Property Law | Date: | Hits: 21
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ...... is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ...... the land in suit is based on correct appreciation of the evidence on record and that finding so arrived at by the Courts below do not suffer from mis-reading or non-consideration of the evidence. It has been observed by the High Court Division that from the petitioner's side it was no..Category: Property Law | Date: | Hits: 24
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ......n is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ......id certified copy of the said kabala and on the other hand defendant No. 6 deposed in favour of the plaintiffs and supported the plaint case and thus the plaintiffs by adducing oral and documentary evidence, succeeded in proving their right, title and interest in the suit land and that they were..Category: Property Law | Date: | Hits: 23
Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)
....s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ......y, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ......e was brought after 21 years of the ex parte decree stating that they came to know of the ex parte decree on 15th Falgoon, 1396 B.S. The High Court Division in this connection considered the evidence of P.W. 1, P.W.2 and P.W.3 in the Miscellaneous Case and held that they failed to prove th..Category: Procedural Law | Date: | Hits: 91
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ...... are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......ion and other connected papers. 6. The High Court Division held that there is nothing on record to indicate that any vested property case was started in respect of the suit land but from the evidence on record it was found that the Title Suit No.346 of 1977 was decreed ex parte on 05.06.19..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ......s also Reported in: V ADC (2008) 565. ...... property is the ancestor property of the plaintiff and his brothers and sisters but the plaintiff though allegedly claimed that he obtained the suit land amicably, there is nothing on record or no evidence on behalf of the other co-sharers supporting the said plea and there being no legal parti..Category: Property Law | Date: | Hits: 22
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