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Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....he accused Jashim Uddin. Charge under section 13 of the Ain was framed against the remaining accused. The charge was read over and explained to the accuseds on dock and they pleaded not guilty and claimed to be tried. 5. The trial was concluded in absentia against the accused Omar Faruque......Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not represented- Respondent Criminal Petition for Leave to Appeal No. 198 of 2o04. (From the judgment and order dated 21.03.2004 passed b......ahar @ Morzina Begum, a relation of accused Liakat Ali. The further case of the prosecution is that these two minor boys were confined in the custody of accused and accused persons demanded ransom money of Tk. 10, 00,000/- from the informant, father of the victim Sohel over telephone. The other ..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
....the terms and conditions of his service should be given but in the instant case the plaintiff did not pray for any such declaration. The High Court Division held that the plaintiff can legitimately claim damages for the breach of contract committed by the employer. In this connection, the High Co...... The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief ......aterials on record arrived at a correct decision. We find no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 82
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....the suit for partition. 2. The respondent Nos. 1-8, as plaintiffs, instituted the above Partition Suit No.236 of 1972 praying for partition of ejmali property measuring 5.22 acres of land claiming seven annas share therein stating inter alia that the suit property originally belonged to......ess of the share of his vendor, Defendant No. 1, and his vendor was a party to the partition suit and that suit was decreed allotting saham to the vendor in pursuance of Rafanama filed in the suit for partition. The petitioner being a party to that suit did not contest the same but prayed for Sa......and in his favour by a registered Deed of Relinquishment; similarly his sister, the plaintiff No.1, and his another sister Majida Akhter Khatun, the predecessor of plaintiff Nos. 2-8, by accepting money also relinquished their claims in the suit property in his favour; since another sister Jobed..Category: Property Law | Date: | Hits: 33
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....vil Procedure the defendant of the previous suit did not proceed further and that it is being contended by the present appellants since the defendant- Respondent gave an undertaking that he would not claim the land in future as such no step was taken against the order of dismissal of the Miscell......s taken over by the Government by the notification dated 25.3.1953 and 25.12.1953 and later on by notification dated 15.9.1957 made under the Forest Act, 1927 the land in suit was declared reserved forest. Further case of the appellant No.1 was that the land in suit is being possessed by the Gover...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....d that the bharatia agreement Exhibit-A executed by Bhupal Chandra Bardhan in favour of Kulsum Banu showed that kabuliyat did not attract the suit land. The High Court Division also found that the claim of the petitioner that Bhupal Chandra Bardhan took 'Bandabasta of the suit land of the Plot N......, 1988, Order XXVI, rule 4 Review is not a matter of rehearing the Appeal as appeal is a matter of right but review is not. No new ground has been found and no new material has been placed before the Court requiring interference. The Petition having not been filed according to rule 4 of O......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 71
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....ntinued representations made by the respondent for implementation of the aforesaid remedial measures met the same fate. Eventually, the appellant, in utter disregard of the respondent's legitimate claim as endorsed by the Prime Minister of Bangladesh, retired the respondent on 11 May 2002 as an ......inistry of Establishment, is from the judgment and order dated 25th June 2003 passed by the High Court Division in Writ Petition No. 4134 of 2002 making the Rule absolute. 2. The short facts for disposal of the appeal are that, the respondent as Writ petitioner, AKM Enayetullah, filed the......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....ot; 12. In the aforesaid case the question whether the rule of special onus laid down for the protection of pardanashin women can be extended to a person other than the pardanashin lady but claiming interest through her and in that connection it has been observed. "It is true that th......r inadvertently typed Title Suit No. 417 of 1978) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the p...... in the plaint and stating, inter alia, that the plaintiff used to live with her son Amjad Hossain and he sold some of his property as well as the property of the plaintiff and he appropriated the money got upon selling plaintiff's land. The said conduct of her son Amjad annoyed the plaintiff, t..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... 30 years old can be considered genuine, that defendants did not file paper to show that Rahim Boksha Bepari was the owner of the entire land i.e. 1 decimal of land, that the defendants also claimed that Haji Jalilur Rahman transferred the land to them by Heba deed but the document has no......pon setting aside the judgment and decree dated 29-8-1990 of the Court of District Judge, Gaibandha in Title Appeal No. 45 of 1988 whereby the appellate Court sent the suit back to the trial Court for disposal of the same in the light of the discussion and direction made in the judgment. The rev......dated May 7, 1941 purchased 1 decimal of land from Rahim Boksha Bepari and his brother, that although CS record was prepared in the name of Rahim Boksha Bepari but as the land was acquired with the money of Rahim Boksha's brother, as such Rahim Boksha Bepari and his brother executed the deed in ..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......oners (In Civil Petition No. 789 of 2005). AJ Mohammad Ali, Attorney-General, instructed by Ahsamullah Patwary, Advocate-on- Record —For the Respondents (In all the petitions). Civil Petition for Leave to Appeal Nos. 707, 708 and 789 of 2005. (From the judgment and order dated 20th May 20......tic reasons may also explain Fortson: Georgia already had two primaries, one general election and still failed to choose a governor. Justice Black argued that "Statewide elections cost time and money and it is not strange that Georgia's people decided to avoid repeated elections". In any ..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....reemption case was liable to be dismissed. But the petitioner did not produce any material nor examined any witness in support of his contention. The preemptor produced witnesses in support of the claim of preemption. 4. Be that as it may, the trial Court after hearing the parties allowe......i, Advocate-on-Record—For the Petitioner. ASM Khalequzzaman, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 52 of 2003. (From the judgment and order dated 27-8-2002 passed by ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....sell the land in respect whereof decree for specific performance of contract for sale is sought for consideration of Taka 19,000 and the plaintiff agreed to purchase the land at the price claimed by Abdur Rashid, that in due course plaintiff purchased stamp for drawing up the deed but d...... the judgment and decree dated June 8, 1997 of the Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The suit was filed seeking a decree for specific performance of contract for sale of land. 2. The suit was filed stating, inter ......fendants for execution and registration of any deed as regard the land of Abdur Rashid. 5. It may be mentioned that Abdur Rashid was a quite solvent man and he had no necessity of collecting money by selling the land which he had after making gift of 50 decimals of land to the plaintiff. ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... 12. It was submitted on behalf of the appellant that in the past voter lists were prepared in the manner similar to instant manner, but no exception was taken in any respect and there was no claim for continuity of the existing voter list. The submission so made, in my view, lacks substanc......brother Md. Tafazzul Islam. 2. Having concurred with their judgments, I would like to add only few words stating to the effect that preparation of Electoral Roll is one of the positive steps for democratic process which will ensure the right of franchise of the people and also help stabili......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....e has been transferred to a Magistrate, 2nd Class for disposal, charges were framed accordingly under sections 183/186/188 of the Penal Code to which the accused petitioners pleaded not guilty and claimed to be tried. The accused petitioners moved the High Court Division under section 561A of th......e (appeared with the leave of the Court), instructed by Bivash Chandra Biswas, Advocate-on-Record—For the Petitioners. Not represented—State-Respondent. Criminal Petition for Leave to Appeal No. 161 of 2005. Judgment: Amirul Kabir Chowdhury J.- AKM Shamsudd......ution of Title Execution Case No. 6 of 1998, but the accused petitioner along with some others resisted him to execute the process and they even tore off the process of the court and snatched away money from his pocket and also assaulted him and then the local people informed the police and the ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... production caused due to delay in taking over the concerns, he would agree to take over the units immediately including possession of property at Paribagh "subject to your assurance that the claim for the above disputed land is settled by the company or by any appropriate authority at an e......Involved: Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. Not represented—Respondent No. 3. Civil Petition for Leave to Appeal No. 42 of 2002. Judgment: &nb...... its own property althrough and when the company and its assets were taken over as abandoned property; the respondent No.1 also dealt with the property as the company's property and spent company's money thereon. The contention of the principal defendant (hereinafter referred to as "respond..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....court, the learned counsel submitted that only one indivisible character of the Supreme Court is focussed in the Constitution. 14. The learned Counsel submitted that in 1982 the Martial Law was proclaimed and then the concept of 'permanent benches' was devised by Martial Law Proclamation but wh......ned Amendment has resulted in unrecognizable repugnancies to all other existing provisions of the Constitution related to it rendering the High Court Division virtually unworkable in its original form, and as such, it is void. The impugned Amendment will go off the Constitution and the old Artic......Parliament, supreme over other courts. But it did not follow that its law-making competence was unlimited or unrivalled,"(page 69). 197. The Bill of Rights 1689 laid it down that the raising of money for the use of the Crown by pretence of prerogative was unlawful. It further declared that t..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....Prof. Kadir and others that Dablu stabbed Nurul Islam. It may be noted neither P.W.I nor P.W.13 ever mentioned that they had any discussion with P.W. 14. 29. Next at the hospital: some witnesses claim that they heard the name of Dablu as assailant, in the hospital. P.W.5 stated that he along wi......ms of linking up accused with the crime, namely, the sandal was not at all put to the accused as a circumstance appearing in the case against him in his examination under section 342 Cr.P.C. It is for the prosecution to prove the case and not for the defence and when considering the oral evidence...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....amendment of the plaint which the plaintiff did not during long pendency of the suit. The High Court Division rightly confirmed the order. A party cannot be forced to withdraw its suit or abandon its claim in the suit. If the plaintiffs are still willing to proceed with the suit they may do so and i......Sen and others................. Respondents Judgment November 2, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, a......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....e. There are serious contradiction between deposition of PW 2 and 4 who are the alleged eye witness. Those omissions and contradictions have not been given consideration by the courts below. The PW 4 claimed by the defence to be the actual murderer, his remaining present in the PO not being availabl......nce of the appellants under sections 302/34 and 364 of the Penal Code. They were convicted by the Additional Sessions Judge, Noakhali, by an order dated 4 May 1983 and sentenced to transportation for life. They preferred an appeal but it was dismissed by the High Court Division by an order dated......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..................Respondents Judgment January 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refused to deliver the......nuary 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but the appellants refused to deliver the sale proceeds and denied the transaction..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....zlur Rahman had purchased, along with P.W.3 Abu Taher, a land measuring 120 decimals from one Ramlal Das by a registered kabala in the month of Poush, 1368 B.S. corresponding to January 1980 AD. He claimed to have grown Irri paddy therein; but on the dale of occurrence, 3 Baishak 1387 B.S. corresp...... in question an order of the High Court Division, dated 4 August 1985, confirming in appeal, an order of the Additional Sessions Judge, Mymensingh, dated 14 March 1983, by which the five appellants before us were convicted under section 302, read with section 149 of the Penal Code and sentenced to t......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
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