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Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....4.01.1998 is an not and out sale deed in the garb of deed of gift as there was no relation between the doner and donee. It was also stated that the predecessor of plaintiffs, Kamaruddin had no right, title and interest in the case land and that the defendant-respondent No.1 had filed Miscel......etitioners. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondents No. 1. Not represented-Respondent Nos. 2-15. Civil Petition for Leave to Appeal No.1500 of 2007. (From the judgment and order dated 02.08.2007 passed b...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......ted 12.03.2003 passed by the High Court Division and after hearing both the parties in contest the same was dismissed on 17.04.2004 upholding the ex parte judgment and order dated 06.09.1999 of the trial court. It was also stated that in that way when the plaintiff-petitioners have lost upto Appe..Category: Property Law | Date: | Hits: 33
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......; Lawyers Involved: Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1185 of 2006. (From the judgment and order dated 15-03-2006 passed b......ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......ioner and others on 30-10-1988 for preemption of the case land measuring 3½ decimals in case Plot No 193 as described in the schedule of the preemption petition. The case was allowed by the trial Court. 3. The pre-emptee hereinafter referred as petitioner filed Miscellaneous Appeal..Category: Property Law | Date: | Hits: 27
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
....the trial Court has failed to consider. The place of talk, amount of down payment and presence of the witnesses as asserted in the pleading were not supported by the P.W.'s. The appellate Court has rightly considered the discrepancies and reversed the judgment and decree of the trial Court. ......nbsp; Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.750 of 2006. (From the judgment and order dated the 23rd November, 2...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......committed a grave error of Taw occasioning failure of justice in not finding to the effect that the appellate Court below committed illegality in reversing the sound judgment and decree of the trial Court without reversing the finding and observation of the trial Court and as such it was not..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....; and so section 96(10)(a) of the STAT Act is not applicable and the subsequent transfer of resale dated 4.2.1996 is a mere colourable paper transaction created only to defeat the right of the petitioners for pre-emption and the right title and interest in the case land remaine...... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-60. Civil Petition for Leave to Appeal No.1854 of 2007. (From the judgment and order dated 5.11.2007 passed by......re 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) 772. ......ite of offer, again refused to purchase it and then the respondent No.1, on 4.8.1996, purchased 1.08 acres of land and all those transfers were executed within the knowledge of the pre-emptors. The trial Court, after hearing, by the judgment and order dated 19.9.2000 allowed pre-emption. The pre..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d Court, Khulna praying for a decree declaring that father of the defendant Nos.1 and 2 was the benamder of the plaintiff petitioner in respect of the suit land with further declaration of his right, title and interest in the suit land alleging as follows. 3. The suit land originally ...... Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 324 of 2006 (From the judgment and order dated 01.08.2005 passed by......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......never acquired the suit land out of his own funds and the defendants were all along possessing the suit land from before and after the death of their father Monmotha Nath Golder. 5. The trial court dismissed the suit by the judgment and decree dated 06.06.1988. The plaintiff petitione..Category: Property Law | Date: | Hits: 32
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....r 1928 A.D. by an unregistered kabala at a consideration less than Tk.100/- and handed over possession of the same in favour of Rahman Munshi; thus Megha Munshi, at the time of his death, having no right, title and possession in the suit land, his son Abul did not inherit any share and so the sub......ngir, Advocate on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 486 of 2006 (From the judgment and order dated 9.2.2006 & 12.2.......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......s of a contract to sell her share to the defendant No.1, handed over the possession of her share to the defendant No.1 and thus defendant No.1 had been owing and possessing the suit land. The trial Court, after hearing, decreed the suit. On appeal the learned Additional District Judge, Dhak..Category: Property Law | Date: | Hits: 26
....contractor's RHD registration book" which was decided at the 70th (2002-2003) meeting of RHD purchase commitÂtee. The respondent further alleged that while he was waiting to get the work order, as a right has accrued to him to get the same, he surprisingly come to know that the writ-respondent No.3......eposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law.
Cases Referred To-
Sharping Matshjibi Samabaya Sa......e High Court Division erred in law for not considÂering that non-submission of full book of registration was a minor deviation as determined by the authority and not a material deviation affecting unfairly the competitive position of the tenderers because such minor deviation had no influence or ef......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......¦â€¦â€¦....... Respondent Judgment January 19, 2004. Result: The appeal is dismissed. The Criminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sancti......iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......………………....... Respondent Judgment January 19, 2004. Result: The appeal is dismissed. The Criminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge wit..Category: Criminal Law | Date: | Hits: 63
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
.... waiver, acquisance, estoppel and limitation and that the plaintiff, the predecessor of the respondents, on his won accord, after receiving premium of Tk.20,000/-, sold out his perpetual possessory right in each shop and executed the covenant in presence of witnesses and duly made over the posse......rd-For the Respondents (In all the cases) Civil Review Petition Nos. 110-116 of 2008. (From the judgment and order dated 5.6.2008 passed by the Appellate Division in Civil Petition for leave to Appeal Nos.1630-1636 of 2007). Judgment &......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......ted period but the said money order having returned unserved on 19.12.1987, the petitioners deposited the rent to the Office of the House Rent Controller and they are not defaulters in any way. The trial Court, after hearing, by judgment and decree dated 1.1.1990 decreed the suits. On appeal, be..Category: Property Law | Date: | Hits: 48
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......etitioner. Not represented- the Respondents. Civil Review Petition No. 174 of 2008 (From the judgment and order dated 3.6.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1764 of 2007). Judgment &n......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......is part of plot No. 533. 2. As it appears this Division dismissed the above civil petition holding that the High Court Division, on perusal of the judgment of the Courts below found that the trial court found encroachment by the defendant petitioner on the land of plot No.533 covering an ..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....inion of the Division Bench. He is not hearing the matter as if he is sitting in a three Judge Bench where the opinion of majority would prevail. We are thus of the opinion that Prasad, J was not right in his approach and his hands were not tied as far as the three appellants, namely, Gajraj ...... and another, AIR 1961 SC S.124;, State of Andhra Pradesh V. Cheemalapati Ganeswara Rao and another, AIR 1963 S.C.1850; Nurul Hoque Kazi V.State 7 BLC (AD) 52; Pratt and another V.Attorney General for Jamaica and another (1993) 4 All E.R. 768; Henfield V. Attorney General of Commonwealth of ......LR (AD) 69, Tara Singh and others V. State of Punjab 1991 Supp (1) SCC 536, Jamna and others V. State of U.P. 1994 Supp (1) SCC 185 and State of H.P. V. Shreekanthia Shekari (2004) 8 SCC 153. ......tted charge sheet against the 20 accuseds including the present appellants under sections 302/ 120B/ 324/ 307/201/380/149/34/109 of the Penal Code. 4. Among the 19 accused persons who faced trial, 14 were absconding. The learned Judges of the High Court Division found that the warrents of..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....urghat, Mohakhali Road-Farm Gate and that Mohiuddin directed them not to allow any persons to move through Road No.32 and further informed that if they heard any sounds of firing they would not be frightened as the others were their own people. 165. P.W.13, stated that he was a member of ......ile the white dressed persons were coming out of his office Mohiuddin (Lancer) came out from his room after them and called Huda to come nearer to him and at that time Huda told Major Dalim to wait for some time and then both of them followed Mohiuddin (Lancer) who then arranged uniforms for the...... after broadcasting the allegiance by the Chiefs of Army, Navy and Air Force in the Radio Station. P.W.60 stated that a file was opened for absorbing some army officers in the Ministry of Foreign Affairs on 8th June, 1976 and thereafter, as per letter of Army Head Quarter under Memo. Dated 15th A......the than Councilor of Bangladesh High Commission at London, in which the appellant Farooque Rahman, admitted his complicity by saying "I helped to kill Sheikh Mujibur Rahman, dare to put me on trial". P.W. 58, also proved the forwarding letter with the signature of the Councilor by whi..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....d put them to trial. 344. Sr. Counsel, Mr. Ajmalul Hossain, Q.C., strongly voiced that role of Government vis-a-vis state as guardian of the people is to protect, safeguard and uphold the right and liberty of its citizens and law and order of the country. But after killing of the Presid......other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child as h......context he has referred to Section 59 of the Army Act, 1952 and submits that since the accused persons were in active service at the time of the commission of offence, they should have been in all fairness tried before a Court Martial instead of criminal Court. In this context he has referred to......eries and public exchequer to harbour the notorious criminals providing them shelter and jobs disgracing the country internationally against common sentiment of the nation to bring and put them to trial. 344. Sr. Counsel, Mr. Ajmalul Hossain, Q.C., strongly voiced that role of Government..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....minal Procedure Code could only deal with the differences between the two learned Judges and not with the whole case. The same contention had been advanced before Mehta J, in the High Court who rightly held that under Section 429 of the Criminal Procedure Code the whole case was to be dealt ......ned companion Judge of the Division Bench of the then Dhaka High Court differed only with regards to the conviction of accused Mohim Mondal under Section 148 of the Penal Code. The case was laid before the third learned Judge under Sections 378 and 429 of the Cr. P.C. The third learned Judge, Mu......here is no illegality in holding trial before the Court of Sessions. The forum of trial is governed by procedural law and it is well established that the procedure followed by a civil court is much fairer and transparent than the procedure followed in court-martial. In that view of the matter, t......fered. 478. In respect of the decisions of the Indian Courts, we may refer to the case of Dharam Singh –Vs- State of U.P. reported in 1964 (1) Cri.L.J. 78, where it was held that in a trial of 12 accuseds, trial Court convicted 10 accused persons under Sections 302, 34 and 149 of th..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....stitution the President and the Prime Minister take oath on the following amongst other terms: “That I will preserve, protect, and defend the constitution and that I will do right to all manner of people according to law, without fear and favour, affection or ill-will.&......rved as follows: “It is true that witnesses can not be called upon to explain every hours delay and a commonsense view has to be taken in ascertaining whether the first information report was lodged after undue delay so as to afford enough scope for manipulating eviden...... law. 637. The rule of law depends upon definite principles and binding precedent, which together make for certainty, uniformity, and predictability, which in turn provide the foundation of fairness and justice. The term ‘rule of law’ is closely associated with the name of Alb......arnage of the then President and his family members. In order to have a strong socio-economic system, it is important that each and every offender involves in crime should be put to justice and his trial should move at reasonably fast pace. The challenges before the criminal justice system are to..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....t the judgments and orders of conviction and sentence as rendered by the High Court Division as well as the trial Court against the appellants. Article 103(3) of the Constitution does not confer a right of appeal on any party from a judgment and order passed by the High Court Division, it merely......rdon me, I have done blunder, I have murdered my wife and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for conviction of the accused. The Supreme Court of India considered case of Sahoo (supra) and othe......ew the evidence in criminal cases unless the trial vitiated by some illegality or material irregularity of procedure or the trial is held in violation of rules of natural justice resulting in unfairness to the accused or the judgment or order under appeal has resulted in grave miscarriage of...... counsels, it will be necessary to keep in view the limited scope in these appeals against the judgments and orders of conviction and sentence as rendered by the High Court Division as well as the trial Court against the appellants. Article 103(3) of the Constitution does not confer a right of a..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....monthly rent basis and at the time of P.S. survey instead of recording the land in suit in the name of the plaintiff, the record has been wrongly prepared in the name of some other persons who had no right, title and interest in the land in suit. 5. The suit was contested by the principle defenda...... to the plaint and recovery of khas possession of different quantity of land (part of the land described in schedule 'Ka' to the plaint) described in the schedule 'Kha' attached to the plaint of the aforementioned respecÂtive suits and for mesne profit. 3. The plaintiff, Sitakunda Chandra Nath C......High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......ve suits upon paying rent to the revenue department. It was also the plea of the defendants that the land of both the schedÂules claimed by the plaintiff is unspecified and unidentifiable. 6. The trial Court dismissed the suit on the finding that the land described in the deed of gift Ext.2 and ..Category: Tenancy Law | Date: | Hits: 176
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....yard on this point." 20. Leave to appeal was granted at the instance of OP Nos. 6-9 (appellants in Civil Appeal No.64 of 1989) to consider whether the High Court Division was right in dismissing the appeal of the directors of the Dockyard relying on the judgment of this Div......d 65 of 1989. Judgment ATM Afzal J.- These two appeals by leave taken up together for consideration arise out of a proceeding under Article 33 of the Bangladesh Shilpa Rin Sang......83), per Dillon LJ at page 487 of the report), nor are directors liable at common law or in equity to the company's creditors or persons with whom it has contracted, if they manage the company's affairs negligently and so disable it from paying its debts and fulfilling its contracts (same cases)......tha and Tapashee to the Dockyard was to be the following: 20% on signing of the contract, 40% for engine and other related fittings, 30% after engine installation and launching, 10% after trial operation and delivery. 6. The Coasters were to be delivered within 6-8 months from t..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....ect and infirmity. Such conspiracy as said was made firstly in the year 1995 and then in the year 1998. The occurrence took place on 20.08.2000, long after said conspiracy. The High Court Division rightly found no nexus between the conspiracy and the occurrence. No date of conspiracy was given a...... No.125 of 2009) Abdul Baset Majumder, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent (In Criminal Petition No.336 of 2008). Criminal Petition for Leave to Appeal Nos. 335-336 of 2008 and 125 of 2009. (From the judgment and order dated......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......s 302/120B/34 of the Penal Code and sentenced to suffer imprisonment for life and to pay a fine of Tk.5,000/- each, in default, to suffer rigorous imprisonment for 6(six) months more. 8. The trial court further convicted Shahidur Rahman @ Shahid and absconding accused Kala Jahangir u..Category: Criminal Law | Date: | Hits: 63
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......arail in Miscellaneous Appeal No. 34 of 2001 affirming the judgment and order dated 17.10.201 passed by the Assistant Judge, Kalia, Narail in Miscellaneous Case No.65 of 1997 allowing the application for pre-emption. 2. The material facts relevant for disposal of this Rule are that the Opposite P......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......have been possessing by the other heirs of late Afsaruddin; that after the death of their father Afsaruddin Bhuiyan the pre-emptor with a view to illegal gain filed the pre-emption case. 4. At the trial the pre-emptor examined 3(three) witnesses and pre-emptee also examined 3(three) witnesses in ..Category: Property Law | Date: | Hits: 37
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