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Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
...., Reyder V. Foley (1906) 4 CLR 422, British Coal Corporation Vs. The King (1935) AC 500, Robinson Vs. Minister of Town and Country Planning, (1947) KB 702. Liversidge Vs. Anderson, (1942) AC 206, Copyright Owners Reproduction Society Limited Vs. E.M.I. (Australia) Pvt. Limited, (1958) 100 CLR 597, A......s. E.M.I. (Australia) Pvt. Limited, (1958) 100 CLR 597, Adgbenro Vs. Akintola, (1963) AC 614, Attorney General Vs. Jonathan Cape Limited (Crossman Diaries case) (1976) QB 752, R V. Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766; Re-amendment of the Constitution of Canada (...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222 of 2008) Justice......rt having two Divisions to ensure and protect the Supremacy of the Constitution. Besides article 35(3) provides that every person accused of a criminal offence shall have a right to speedy and public trial by an independent and impartial court or tribunal established by law and article 94(4) provide..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....sted by the neighbourly people and the plaintiff then filed the suit. 3. The defendant Nos.1-5 contested the suit filing a written statement contending that Monoza Khaton has no subsisting right, title and interest to transfer the suit land to the plaintiff and that the defendant No.1, N......rom the judgment and order dated the 12th day of February, 2007 passed by the High Court Division in Civil Revision No.678 of 2002). Judgment Mohammad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 12.02.2007 passed by the High......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......d some land to one Abdul Motiob by a registered kabala dated 01.10.1965 exhibit-2; that by exhibit-2 and 2(a) the present defendant No.1 became a co-sharer in the suit holding. It appears that the trial Court who granted a decree recorded no finding that the plaintiffs have proved their exclusiv..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
.... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......f March, 2006 passed by the High Court Division in Civil Revision No.2658 of 2003). Judgment Mohammad Fazlul Karim J.- This Petition for Leave to Appeal is directed against the judgment and order dated 16.03.2006 passed by the High ...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......pted those papers as additional evidence but failed mention them as exhibits; that the plaintiff has introduced a new case by surprise, which was not taken in the plaint; that was not taken in the trial Court or in the appellate Court; that it cannot be raised in revision; that the plaintiff-pet..Category: Property Law | Date: | Hits: 27
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... the defendant No.1 got sale certificate and possession of the suit land through Court in auction purchase and have been enjoying and possessing the same. It appears that the S.A. and R. S. record rightly prepared in the name of the Government. The original owners of the suit scheduled property ......il Revision No. 2350 of 2002). Judgement Mohammad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 06.11.2006 passed by the High ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......on 25.04.2006 discharging the Rule in favour of the present petitioner in open Court; that the census list in question produced before it by the respondent No.14 was not exhibited and proved in the trial Court and as such, the same did not have any evidentiary value under the provision of law; t..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....d in 40 different BDR establishments around the country. In course of the said occurrence spreading over two days above BDR mutineers in the Peelkhana killed in all 73 persons, of them 57 were very upright and promising Army officers including the then Director General of the BDR and 59 others susta......Vs. Rahimafrooz Batteries Ltd. 7 BLC (AD) 2002 page 73; State of M.P. V. Tikamdas, AIR 1975 SC page 1429; Abdul Mannan Bhuiyan V. State, 60 DLR (AD) 49; R V. Sussex Justices, 1924; Secretary of State for the Home Department (Respondent) V. AF (Appellant) (2009) UKHL 28, Ex parte Milligon 71 US (4 wa......on all courts in the country including the High Court Division except the Appellate Division rendering the opinion. 5. The President acting through the Ministry of Law, Justice and Parliamentary Affairs vide memo No. বিচার-৩/১ এম-৬/২০০৯-৬৮৫ dated 17.8.2009 sent a......mber of 1721 persons have been arrested from different Sectors, Battalions and Institutions outside Dhaka. At the present about 3,500 suspected BDR mutineers are in custody awaiting investigation and trial and out of the said 3500 accused persons 26 are departmentally promoted BDR officers (Assistan..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......dique, Advocate (Appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 718 of 2008. (From the judgment and order dated 30-11-2005 passed by......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......ing the consideration amount at Taka 12,000 in the sale-deed, whereas, in fact, the pre-emptee paid Taka 16,000 as consideration money as fixed within the knowledge of the pre-emptor. 3. The trial Court framed as many as 8 issues, namely: 1. Is the case maintainable in its pr..Category: Property Law | Date: | Hits: 38
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
.... reported in BCR 1986(AD) 225. 16. On the next point submitted by the learned Counsel that it is a case under Part-I or II of Section 304 of the Penal Code, it appears that the High Court Division rightly addressed the point and decided as under:- "With regard to accused A. H. M. Biplob...... 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 158 of 2008. (From the judgment and order dated 27.09.2007 and 30.09.2007......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......2/34 of the Penal Code. 4. Upon receiving the case records form the Magistrate, the learned Sessions Judge, Laxmipur transferred the chase to the Court of the learned Additional Sessions Judge for trial and disposal. Charge was framed against 15 accused persons, under sections 147/148 /149/ 302/3..Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......kram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. (In the all cases) Criminal Petition for Leave to Appeal Nos.270-273 of 2007. &nbs......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......peal No. 4255 of 2003 is dismissed and common questions of facts and law being involved in all the petitions, the same are disposed of by this single judgment. 3. The appellants were put on trial before the learned Additional Sessions Judge to face charge under Sections 302/34, 201/34 and..Category: Criminal Law | Date: | Hits: 53
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......008. Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1426 of 2006. (From the judgment and order dated 18.10.2005 passed by......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......;tage of minority of the defendant Nos.1 and 2 and ultimately they filed other Class Suit No. 99 of 1994 and got an ex parte decree on 13.11.1995. After filing written statement as stated above the trial court fixed 04.01.1997 for framing of issue. 5. On 04.02.1997, the defendant No.1 sub..Category: Civil Law | Date: | Hits: 94
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......Respondent Judgment May 26, 2009. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 883 of 2008. (From the judgment and order dated 10.3.2008 passed by ......e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......nikganj, who by the impugned judgment and decree dated 31.1.2004 dismissed the appeal and affirmed the judgment and decree passed by the trial court. 5. Being aggrieved and dissatisfied with the aforesaid judgment and decre..Category: Property Law | Date: | Hits: 29
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
.... the suit by filing written statement denying all the materials allegations made in the plaint contending, inter alia, that Aiyanuddin and Moniruddin were the owners of the suit land. They being in right, title and possession transferred the suit land to Abdullah and Monaulla and Abdulla transfer......yers Involved: Abdul Halim Chaklader, Senior Advocate-instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Review Petition for Leave to Appeal No.173 of 2008. (From the judgment and order dated the 2nd day of June,......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......itted that both the Courts below rightly and lawfully passed the judgments and decrees in favour of the petitioner on the basis of materials on record as well as evidence. The findings of the trial Court was that "এই পি.ডব্লি..Category: Property Law | Date: | Hits: 25
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ...... A. K. M. Shahidul Hug, Advocate-on-Record-For the Petitioners. Md. Osman Ghani, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1209 of 2008. (From the judgment and order dated 27.04.2008 passed by......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......e Rule vide judgment and order dated 27.04.2008. Hence this leave petition by the petitioners. 6. Mr. Md. Osman Ghani, the learned Advocate, appearing for the petitioners, submits that trial Court and also the High Court Division while decreeing the suit failed to appreciate that adm..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....a for declarations that the order dated 23.10.1976 of the Additional Deputy Commissioner (Rev), the defendant No.2, for forfeiture the suit land is illegal and has no binding force in law and their right title and interest in the suit land have not been affected thereby and that they entitled to g......torney General, instructed by B. Hossain, Advocate -on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-14. Civil Petition for Leave to Appeal No. 303 of 2007. (From the judgment and order dated 1.8.2006 passed by the Hi......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) 661, 63 DLR (AD) (2011) 122.......Zillani was never owner of the suit land and further it has also been proved that no notice was issued upon Sarifunnessa though admittedly she was owner of half share of the suit land and accordingly trial Court rightly held that no notice of forfeiture was served upon Rustom Ali as well as Sarifunn..Category: Property Law | Date: | Hits: 25
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....rs and the accused appellant insisted that he must settle the matter then and there, which the deceased refused to do. As a result, the condemned prisoner Abul Kashem inflicted a dagger blow on the right side of chest of the deceased and then both of them fled away towards the wheat field. Both PW...... Chairman, Asma Akhtar Lipi, rebuked them over the said incident followed by an altercation between those two little boys and Lipi. Mizan and Faruque, thereafter, went to their respective homes and informed the incident to their relatives. Thereafter, the condemned prisoner Abul Kashem and the convi......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ......16, Officer- in-Charge of Burichang PS, Md. Rezaul Karim recorded the FIR. He himself took up the investigation of the case and on completion of investigation submitted a charge sheet. 3. During trial charge under sections 302/114 of the Penal Code was framed against the condemned prisoner, A..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......ate-on-Record—For the Respondent Nos. 2 and 3. (In Civil Petition No. 623 of 2008). Not represented—Respondent Nos. 4-7 (In Civil Petition No. 623 of 2008). Civil Petition for Leave to Appeal Nos. 640 and 623 of 2008. (From the judgment and decree dated the 5th d......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......eril and thus the action of the defendant No.1, carrier could not be absolved from its responsibility to the consignor. Accordingly, the appeal is dismissed affirming the judgment and decree of the trial Court in Money Suit No. 3 of 1992 decreeing the suit. 8. In view of the above, we fin..Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....encircling them. Dayemuddin asked Fazle Karim, the elder brother of informant Abu Taher to stay away from the land but Fazle Karim refused to do so. At this accused Dayemuddin gave shol blow on the right side of the chest of Fazle Karim, accused Shanu gave shol blow on his back and accused Mahibu......missing the same and upholding the order of conviction and sentence passed by the learned Additional Sessions Judge, Laxmipur in Sessions Case No. 33 of 1988 convicting them to suffer imprisonment for life under sections 302/34 of the Penal Code and to pay a fine of Tk. 10,000/- (ten thousand) e......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ......dex. Upon receipt of the postmortem report, the police submitted charge sheet against he accused and others. Subsequently the record of the case was sent to the learned Sessions Judge, Laxmipur for trial. The learned Sessions Judge upon hearing the parties framed charge under Sections 302/34 of t..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....Section 342 of the Code of Criminal Procedure is highly defective and attention of the accused with regard to the vital piece of evidence is required to be drawn to the material evidence; that the right conferred under Section 342 of the Code of Criminal Procedure is a basic right of the accused......yers Involved: Md. Khurished Alam Khan, instructed by Haridash Paul, Advocate-on-Record-For the Petitioner. None represented-For the Respondent. Criminal Petition for Leave to Appeal No. 490 of 2007. (From the judgment and order dated the 26th day of Feb......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ......3. Police after investigation submitted charge sheet against accused Md. Shahjahan Ali under Section 302 of the Penal Code and case record was sent to the Court of Sessions Judge, Kishoregonj, for trial. 4. Mr. Md. Khurshed Alam Khan, learned Advocate, appearing for the petitioner submit..Category: Criminal Law | Date: | Hits: 52
Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)
....ioner was deprived from the opportunity to make the payment of prescribed amount and for which there was no fault on the part of the assessee-petitioner and that the assessee-petitioner acquired a right to have his appeals heard in accordance with law only after disposal of his applications for ......lam, Attorney General, (with Mrs. Mahfuza Begum, Assistant Attorney General) instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases) Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 pass......epended on the result of the prayers made for waiver in reference. 10. In the facts and circumstances of the case instead of granting leave, we are of the view that it will be just and fair if an order is passed for hearing and disposal of the appeals by the Appellate Tribunal on me......l, Division Bench-1, Dhaka, with further direction to dispose of the appeals, if made ready, preferably within six (6) months. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 305. ..Category: Fiscal/Taxation Law | Date: | Hits: 89
Md. Kudrat Ali Vs. Dr. Mahfuzul Haque and another, 2008, 37 CLC (AD)
....tion a company does not come into existence, as such sections 19 and 20 of the Companies Act, 1994 had no application in the facts and circumstances of the present case and so the trial Court rightly convicted the petitioner for alteration of the Articles 42 and 46 by resorting to forg...... represented-Respondent No.2. Criminal Review Petition No. 16 of 2008. (From the judgment and order dated 17.04.2008 passed by the Appellate Division in Criminal petition for leave to Appeal No.107 of 2008). Judgment &nbs......further in review petition there is no scope of rehearing as sought by the petition. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 620. ......jganj, framed charges against the petitioner and co-accused Abdur Rouf under section 467 and 109 of the Penal Code read with section 282 of the Companies Act, 1994 and after conclusion of the trial, by judgment and order dated 90.02.1988, convicted the petitioner under section 467 of the P..Category: Criminal Law | Date: | Hits: 44
Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)
.... 4 also supported the informant. Considering the evidence of the witnesses and other materials on record, the High Court Division came to the finding that the learned Additional Sessions Judge has rightly passed the impugned order of conviction and sentence after assigning cogent reasons an...... March 9, 2009. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 21 of 2008. (From the judgment and order dated 13th September, 2007 ......e of the view that the High Court Division did not any kind illegality discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 627. ...... and thereafter instituted M.P. Case No.116 of 1999 which was dismissed in the absence of the complainant. Then he filed Complainant Case No. 104 of 2001 on the aforesaid allegations. 4. The trial Court acquitted the accused-respondent Md. Rustam Ali Khan. 5. On appeal being Crimin..Category: Criminal Law | Date: | Hits: 57
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