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Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ...... This Case is also Reported in: 19 BLT (AD) (2011) 238. ......and situated in the rural area it cannot be treated as non-agricultural land, the pre-emption case under Section 96 of the Act was maintainable. 5. We do not find any scope to re-examine the whole evidence to find out whether the land in question is non-Agricultural Tenancy Act. The finding of th..Category: Property Law | Date: | Hits: 76
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ...... Advocate-on-Record-For the Appellant. None represented- the Respondent. Criminal Appeal No.11 of 2006. Judgment Md. Shamsul Huda J.- This criminal appeal is directed against the judgment and order dated 14.1.2004 passed by the High Court Division in Criminal Appeal No. 2114 of 1998 dism....... The defence plea is that the accused is innocent and has been falsely implicated in this case and no arms was recovered from his possession. 6. The trial Court without proper appreciation of the evidence on record and misconception of the relevant law convicted the accused appellant under Secti..Category: Criminal Law | Date: | Hits: 76
State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)
....and order and there 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: 19 BLT (AD) (2011)166.......CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State……………………………………………………………….Petitioner Vs. Azharul Islam alias Badal and another………………...Respondents Judgment March 15, 2009. Lawyers Involved: S......e appeals analogously, passed the impugned judgment and order. 3. The learned Deputy Attorney General appearing for the petitioner submitted that the dying declaration of the victim and the ocular evidence of P.W.s 2 and 5 proved beyond reasonable doubt the respondents, along with other accused i..Category: Criminal Law | Date: | Hits: 56
.... decision and there 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: 19 BLT (AD) (2011)163.......
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Qamruzzaman Shah……………………………………..Petitioner
Vs.
Government of the People's Republic of Bangladesh and another…………..Respondents
Judgment
October 20, 2008.
Lawyers Involved:
T.H. K...... decision and there 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: 19 BLT (AD) (2011)163...
Category: Civil Law | Date: | Hits: 77
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....n Other Class Suit No.97 of 2005 rejecting the Advocate Commissioner's report dated 01.2005 along with field book, sketch map, share table in furthermore of preliminary decree of partition. 2. The facts of the case, in short, are that the respondent No.1 plaintiff instituted Partition Suit No.74 ...... Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Sree Chinmoy Chowdhury………………………………………...Petitioner Vs. Sree Mridul Chowdhury and others…………………………...Respondents Judgment March 1, 2009. Lawyers Invo......e 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: 19 BLT (AD) (2011)140. ..Category: Property Law | Date: | Hits: 93
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
.... - This petition for leave to appeal is directed against the judgment and order dated 04.03.2007 passed by the High Court Division in Criminal Revision No.1283 of 2003 discharging the Rule. 2. The facts for the case, in short, are that on 12.08.1998 the respondent No.1, Akbar Hossain Pathan took ......Fazlul Karim J Md. Taffazul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Arshed……………………………………………………..Petitioner Vs. Akbar Hossain Pathan and others…………………Respondents Judgment August 4, 2008. Lawyers Involved: Md...... law in not considering the fact of the prosecution case stated in the FIR by the informant of the case who has already been proved by the P.W.'s; that the finding of the trial Court disbelieving the evidence on record without assessing and judicially considering the evidence on record acquitted the..Category: Criminal Law | Date: | Hits: 75
Amulla Kumar Bairagi and others Vs. Chitta Ranjan Biswas and others, 2002, 31 CLC (AD)
.... J.- The petitioners seek eave to appeal against the judgment dated 25.3.1999 passed by a Single Bench of the Hugh Court Division in Civil Revision No.1702 of 1994 making the rule absolute. 2. The facts, in short, are that Loknath Bairagi, father of the present petitioner Nos.1 to 3, as plaintiff...... Case is also Reported in: 19 BLT (AD) (2011) 118. ......ate court has passed a decree over unspecified and undemarcated suit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ..Category: Property Law | Date: | Hits: 69
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....istrict Judge, 7th Court, Dhaka in Civil Revision No. 358 of 2004 in which learned District Judge added defendant Nos.1 (a) to 1(e) as heirs of Shamsul Kabir Humayun Reza of 157, Bara Mogbazar. These facts on chronologically studies of the different orders passed by the learned Joint District Judg......ppellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J MA Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejha......ather was the real allottee and for permanent injunction. Although aforesaid three suits are for three different distinct reliefs but the parties allowed disposing of the suits on the basis of oral evidence on adaptation but on different exhibits. 2. On a reading of the judgment of these three ..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....on allegedly to have been made by victim Biplob there is no other direct or circumstantial evidence in committing the alleged offence by condemned-prisoner Lebu Miah. He further submits that in the facts and circumstances of the present case the dying declaration is highly suspicious and doubtfu......Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abu Tariq J M Enayetur Rahim J State.............................................Appellant Vs. Shahin and others..…………………………….Condemned-Prisoners Judgment November 2, 2010. ...... defence case in short, is that they have been implicated in the case falsely and they were not in any way connected with the alleged offence as brought by the prosecution. 6. After closing of the evidence, the condemned prisoners were examined under section 342 of the Code of Criminal Procedure ..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....m Ali in that plot had been extinguished by adverse possession before the alleged dispossession of the plaintiffs from the 'B' schedule land. Facts of the above decisions are distinguishable from the facts and circumstances of the present case and as such principle enunciated in those cases are of n......is also Reported in: 45 DLR (HCD) (1993) 541.......e evicted from the suit land. 9. In support of their case plaintiffs examined six (6) P.Ws. including husband of plaintiff No.2 as P.W.1 and their borgader Tyeb Ali as P.W.6 apart from documentary evidence Ext. Nos. 1 to 11. Contested defendants also in support of their case examined 4 witnesses ..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....Kumar Sinha J. - Appellants obtained leave from this Court from the judgment and order dated 13th May, 2003 of a Single Bench of the High Court Division in Civil Revision No.6768 of 2001. 2. Short facts relevant for the disposal of the appeal are that one Ghana Mia, predecessor-in-interest of the......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Shamsunnahar and Others……………………Appellants Vs. Abdul Mannan and Others…………………...... to cancellation of instrument is founded upon administration of protective justice for fear that the instrument may be vexatiously or injuriously used by the defendant against the plaintiff when the evidence to impeach it may be lost. When the plaintiff seeks to establish title in himself and canno..Category: Property Law | Date: | Hits: 49
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ilding, where several important Government offices, such as, Courts of Magistrate etc, and other, carrying with him fire arms and captured by the police red-handed. The tribunal below having based on facts, situations; evidence adduced by the prosecution, and ballistic report and other materials on ......s - For the Appellant. Farhad Ahmed, Deputy Attorney General- For the State. Criminal Appeal No. 1078 of 1997 (An appeal under Section 30 of the Special Powers Act, 1974 against the judgment and order of conviction and sentence dated 01.06.1997 passed by the Special Judge, Court No. 3, Jhen......ver to him and explained in Bengali. He pleaded not guilty and claimed to be tried. 5. The prosecution examined as many as 9 witnesses being duly cross-examined by the defence. After conclusion of evidence the accused Sahin Alam was examined under Section 342 of the Cr.P.C. who again claimed to b..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
.... in the Court of Special Judge, Court No. 7, Shere-E-Bangla Nagore, Dhaka should not be quashed and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of this rule are that, one Mr. Ashraful Islam, Assistant Director of t......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocate - For the petitioner. S. K. Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - Opposite Party No.1 (State). Md. Khurshid A......n granting sanction to submit charge sheet or in launching a prosecution, as has been done in this particular case. Unlike the case before us, it is true, bias in all cases cannot be determined until evidence is adduced. But, in the case before us an irresistible conclusion about bias, from the acts..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....e same was filed within the period of limitation from the date of knowledge of the sale of the case land sought to be preempted. 11. It is a settled proposition of law that concurrent finding of facts based on evidence or other materials cannot be disturbed by the High Court Division in exerc...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Delwar Hossain J Wahed Ali............................... Petitioner Vs. Sona Mia being dead his heirs Md. Lai Miah and others..........Opposite parties Judgment October 13, 2009. Lawyers Involved: Sarder......d by limitation? 3. Whether the case was bad for defect of parties? 4. Whether the petitioner was entitled to the relief as prayed for? During trial both parties adduced oral and documentary evidence to substantiate their respective case. 6. Trial Court hearing the parties and perusing ..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....principle of law in exercising the revisional power under Section 115 of the Code of Civil Procedure has been laid down in several judicial pronouncement of our Appellate Division that the finding of facts whether concurrent or not arrived at by the lower appellate Court is final unless it is manife......d. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......filed a separate written statement and he claimed 1.28 acres of land by successive purchase. 6. During the course of trial the learned Assistant Judge, Patharghata, Barguna on consideration of the evidence on record papers and documents and exhibits dismissed the suit of the plaintiffs by his Jud..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
.... proceed with the trial. Both the learned counsel and the Attorney‑General made their best efforts to substantiate their respective viewpoints by their painstaking and attractive argument placing facts of the case and relevant laws citing a number of case laws assisting the Court for coining to ......site Party Judgment September 23, 1992. Cases Referred to- Saber Ahmed Vs. Manzur Mia ad others, 35 DLR 213; State Vs. Md. Safikul Islam, 40 DLR 310; 17 DLR (SC) 26; Sheikh Mujibur Rahman and another Vs. State, 15 DLR 549; Nazir Hossain Shah Vs. State, 17 DLR (SC) 26; Nazir Hossain Shah ......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....against an order dated 15.3.92 issued by the Election Commission directing a fresh election of Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad, Sandwip, Chittagong. 2. The facts, in short, as stated in the petition, are, that the petitioner along with respondent Nos. 6 an......Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Mamtajul Karim……………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment June 17, 1993. Case Referred to- Aftaf ...... is no report regarding any disturbance or irregularities and the defeated candidate comes down with the allegation for taking revenge on the victor for being defeated in the election. Where there is evidence of any disturbance in the polling station at the time of voting the Election Commission has..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....to adjudicate upon and settle all the questions involved in the suit, be added." 11. This confers a discretion upon the Court and which discretion should be exercised taking into consideration the facts and circumstances of a particular litigation, subject to the general principle that the partie......ower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......2/87 comes after the ejectment suit was filed by the petitioners in 1978. Then again their application to be added as parties was made at a stage when the case was ready for argument after closing of evidence. If the petitioners' claim to be the land owners is genuine then naturally they would have ..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....A of the Code of Criminal Procedure for the purpose of quashing a proceeding one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Whe......ury J Md. Nazrul Islam Talukder J Rajab alias Rajab Ali…………………………………………Petitioner (In Criminal Miscellaneous Case No.10991 of 2010) Sajal alias Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The......convict-petitioners. 9. However, the trial of the case was held in absentia. At the trial of the case, the prosecution examined as many as 6 witnesses to prove the prosecution case. After taking evidence, the learned Judge of the Tribunal, on consideration of the evidence and materials on recor..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....udgment of the trial Court in a casual manner.' The impugned judgment of the trial Court it transpires that in arriving in its finding the said Court carefully considered the material evidence and facts and circumstances of the case and also the legal aspect with regard to the maintainability in ......e High Division Judgment here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Kulsum Banu Bibi and another…………………………………..Petitioners Vs. Abdul Jobbar Bhuiyan and ......f 2004 in the Court of Senior Assistant Judge, Kashba, Brahmanbaria, praying for a decree for simple declaration of title in the suit land. 4. The trial court on consideration of the materials and evidence on record dismissed the suit holding, amongst others, that the plaintiff No.2 by filing a c..Category: Property Law | Date: | Hits: 94
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