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State Vs. Sree Ranjit Kumar Pramanik, 1990, 19 CLC (HCD)

.... and that such inference against him should be verified with scrupulous accuracy. A finding of guilt against the accused cannot be based merely on the high probabilities. Court of law has to dispense justice in accordance with law and not according to the moral conviction of the Judge with regard to......ould be verified with scrupulous accuracy. A finding of guilt against the accused cannot be based merely on the high probabilities. Court of law has to dispense justice in accordance with law and not according to the moral conviction of the Judge with regard to the occurrence." 25. Mr. Abu Sayeed...... 110; 1973 AIR (SC) 267; Hafiz Abul Khair and another Vs. State, 29 DLR (SC) 1. Lawyers Involved: Abu Sayed Ahammed, Advocate ‑ For the Condemned Prisoner. Shah Azizur Rahman, Assistant Attorney General ‑ For the State. Death Reference No.6 of 1988 (Jessore) Death Reference No.4 of ......gainst 5 persons including the convict under sections 302/34 of the Penal Code. 4. The prosecution examined in all 15 witnesses including the Investigating Officer and the defence examined none. A lawyer for the defence was appointed by the trial Court and the case was heard. 5. Mr. Abu Sayeed..

Category: Property Law | Date: | Hits: 69

Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)

....n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658....... title to the pre‑emptees under the kabala in view of the decree made in the Title Suit instituted by Lal Mahmud the pre‑emption case is not maintainable is misconceived as it has been found and, according to me correctly, by the appellate Court that the decree made in Title Suit is not binding ...... Ali and another………………Petitioners Vs. Kudrat Ali and others………………Opposite Parties Judgment March 11, 1991. Result: The Rule is discharged. Cases Referred to- Ashwini Kumar Karmaker Vs. Hari Mohan and others, 35 DLR (AD) 334; S Joga Moya Debi and other...... of benami. He contends that in view of the decree made in Title Suit No.153 of 1978 declaring the title of Lal Mahmood in the land under pre‑emption the lower appellate Court committed an error in law in allowing the pre‑emption case inasmuch as at the time of judgment and order passed by the l..

Category: Property Law | Date: | Hits: 72

Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)

....ow granted such prayer for temporary injunction which, according to the learned Advocate, is not sustainable in law. Both the Courts committed an error of law in their decision occasioning failure of justice. The learned Advocate submits that the effect of the granting of injunction amounts to nulli......de of Civil Procedure in order to restrain the said receiver to hand over the possession of the land to the defendant petitioners. The Courts below granted such prayer for temporary injunction which, according to the learned Advocate, is not sustainable in law. Both the Courts committed an error of ......hers…………………Petitioners Vs. Arju Miah & Others…………………Opposite Parties. Judgment August 21, 1991. Result: The Rule is made absolute. Case Referred to- Commissioner for the Port of Calcutta Vs. Suraj Mull Jalan and others, 1928 AIR Calcutta at 4......aining the defendant No.1 Uma Rani Roy from selling the suit land measuring 41 decimal stating, inter alia, that defendant No.1 Uma Rani Roy got the suit land by virtue of a will of her father‑in‑law and also by amicable partition with his son Kashab Chandra Roy; that by a registered kabala date..

Category: Property Law | Date: | Hits: 61

Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)

....ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......is matter by the Government that necessary recommendation of the Deputy Commissioner was not available and as such it is proposed that recommendation of the Deputy Commissioner should be obtained and accordingly, ministry had written to the Deputy Commissioner, Khulna. From the report of the Deputy ......thers…………………Petitioners Vs. Golam Rasul and others…………………Opposite Parties Judgment November 24, 1991. Result: The Rule is made absolute. Case Referred to- Administrator, Delta Construction Vs. Chairman, 2nd Labour Court, 28 DLR 365. Lawyers Invo......r does not create any legal and vested right in favour of anybody, either the Union Parishad concerned or the relevant Deputy Commissioner. Moreover, such a circular of the Government has no force of law. Whether the circular of the Government has got the force of law has been elaborately considered..

Category: Civil Law | Date: | Hits: 99

Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

.... seven days. The petitioner submits that he has already made an application which is pending before the Divisional Commissioner, but no decision has been given as yet in spite of his notice demanding justice wherein he has stated everything in detail. 8. We have considered the submissions of the ......f population and in this connection he has filed Annexure F, which is a certified copy obtained from the Upazila Statistics Office, Daudkandi Upazila, Comilla and which is in hand‑writing, showing, according to the petitioner, the correct number of population therein. 5. We have considered the ......ondents Judgment December 9, 1991. Result: The application is summarily rejected. Lawyers Involved: AKM Mujibur Rahman, Advocate ‑ For the Petitioner. AY Salehuzzaman, Deputy Attorney ‑ General For the Respondents. Writ Petition No. 3030 of 1991. Judgment Fazle Huss......2, Deputy Commissioner, Comilla with the approval of respondent No.1, Secretary, Ministry of LGRD & Co‑operatives, Secretariat Building, Dhaka should not be declared to have been issued without lawful authority and to be of no legal effect. 2. It has been stated in the petition that the pet..

Category: Election Law | Date: | Hits: 137

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

....w as the said Adalat is regulated by Civil Procedure Code and that Court being the executing Court can correct its mistake or error which is apparent on the face of the record, and in the interest of justice Artha Rin Adalat ought to have considered the review application. He has further argued that......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......��………………Petitioner Vs. Artha Rin Adalat and others…………..Respondents Judgment March 19, 2003. Result: The writ petition is summarily rejected. Cases Referred to- Kazi Gowaherul Islam Vs. Standard Co‑operative Society Ltd., 50 DLR 333; Sultana Jute Mil......ial legislation setting upon a special Court the remedies will follows as provided therein and if there is any exclusion indicated therein, as in section 6, it will include a remedy under the general law. Mr. Md. Abul Hossain Khan relying on this proposition has contended that since the power of the..

Category: Administrative Law | Date: | Hits: 200

Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)

....t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......tnesses. He narrated the injuries detected on post mortem examination of the dead body of the deceased. He proved post mortem report marked as Exhibit 9 and his signature Exhibit 9/1. He deposed that according to post mortem report the death was due to shock and haemorrhage as a result of gun shot i...... State………………………………………………………………………………….Respondent Judgment January 27, 2002. Result: The appeal is allowed. Cases Referred to- Ustar Ali Vs. State, 3 BLC (AD) 53; Bhuboni Safer Vs. the King ILR, 76 India Appeals 147; Lut......rned Additional Sessions Judge though found that there was no clear evidence as to the involvement of the accused appellant in the commission of the alleged offence yet on misconstruction of fact and law wrongly convicted the accused appellant on the sole basis of the confessional statements of two ..

Category: Criminal Law | Date: | Hits: 71

Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)

....or recovery of khas possession of the suit property, suit itself was not maintainable in law, both the courts below committed error of law resulting in an error in the decision occasioning failure of justice in decreeing the suit and, as such, interference is called for by this court. 11. Mr. Far...... Bangladesh the plaintiff again approached the government when the suitland was leased out to him at a monthly rent of Taka 880. The plaintiff was also directed to pay rent from 1st January, 1972 and accordingly, the plaintiff paid Taka 22,000 by two instalments on 19‑2‑1974 and on 4‑3‑1974.......��…......... Petitioner Vs. Md. Kashem and others………………………....Opposite–Parties Judgment March 20, 2002. Result: The Rules are made absolute. Cases Referred to- BCR 1983 (AD) 46 [Md. Kashem Vs. GoB]; Mrs. Husna Mansur and others Vs. Secretary Ministry of......abandoned property and the plaintiff's existing structures were illegal. The letter dated 25‑8‑1975 cancelling the plaintiffs leasehold right over the suit land was illegal, mala fide and without lawful authority. The plaintiff raised the suit land and made construction therein by spending Taka ..

Category: Property Law | Date: | Hits: 122

State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)

....Court. Since he was shown as a minor boy of 12 years when he was arrested and since he was implicated in several criminal cases and for that reason he was imprisoned for such a long time, for ends of justice, this Court issued the aforesaid suo motu Rule of habeas corpus upon the Deputy Commissioner......80. In the year 1980 he was a boy of 12 years and the dacoities were alleged to have been committed by him with others from the year 1976. So, in the year 1976 he was a mere minor boy of 8 years. So, according to the affidavit submitted by the State it appears that this boy committed dacoities along......…………Petitioner Vs. Deputy Commissioner, Satkhira and others………………Opposite Parties Judgment December 9, 1992. Result: The Rule is made absolute. Cases Referred to- Shunil Bhatra Vs. Delhi Administration, 1980 AIR (SC) 1579; Shila Barse Vs. Union of India, 1......rintendent of Police, Sathkira and the Jailor, Satkhira Jail, Satkhira, to show cause as to why the detenu Md. Nazrul Islam should not be brought before this Court to be dealt with in accordance with law and to show cause under what authority they are detaining the aforesaid detenu Md. Nazrul Islam ..

Category: Criminal Law | Date: | Hits: 97

Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)

....ation of the paper book is dispensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ....... She received a notice under Section 6 of the Acquisition and Requisition of the Immovable Property Ordinance, 1982 by which she was directed to appear before the respondent No.2 on 25.10.2007 and accordingly she appeared before the respondent No.2 and then she was informed that 2.02 acres of lan......itioner. A. F. Hasan Ariff, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos. 1 and 2. Not represented-Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 685 of 2010. (From the judgment and order dated 07.12.2009 passed by the High Court......specification of the land acquired is not true. 7. The High Court Division, on hearing the learned Advocates of both the sides and considering the facts and circumstances of the case, the relevant laws and also several decisions cited from both the sides though found that there was agreement in b..

Category: Property Law | Date: | Hits: 81

M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)

....nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......ings given by the High Court Division and the facts and circumstances of the case stated in the leave petition as summarized hereinbefore, we find merit in the submissions of Mr. Mahmudul Islam and accordingly, leave is granted in both the leave petitions to consider the following points: I. ......ior Advocate instructed by Ashrafuzzaman Khan, Advocate-on-Record-For Respondent No.1. (In both the cases) None represented-For Respondent Nos.2-55 (In both the cases). Civil Petition for Leave to Appeal Nos. 903-904 of 2011. (From the judgment and order dated the 11th day of June, 2008 pa......d Counsel, appearing for the petitioner in both the leave petitions, has submitted that the High Court Division misconceived the provisions of section 50 of the Customs Act, 1969 and thus, erred in law in making the Rules absolute and passing the order of injunction restraining any person(s), com�..

Category: Fiscal/Taxation Law | Date: | Hits: 168

Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)

....he plaintiff. The appeal is, therefore, allowed without any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ....../1, E/2, E/3, F/1 and F/2 as per admission made by the defendant No.1, the superintendent engineer, Dhaka National Housing Authority by his letter dated 8th January, 2003 exhibits-Jha to Jha(6) and accordingly, directed the defendants to prepare the bills against each group of works and to pay t......................Appellant Vs. M/s. MR. Trading Co. and others ....................................Respondents Judgment June 2, 2011. Result: The appeal is allowed. Cases Referred to- Majidunnessa Begum Vs. Province of East Pakistan and others, 1 BLD(HCD) 363; Chandan Mull Ind...... against each group of works and to pay to the plaintiff within 30 days from date. 5. Mr. Mahbubey Alam, learned counsel appearing for the appellant contended that the High Court Division erred in law in decreeing the suit relying upon exhibit-Jha series in failing to consider that the plaintiff ..

Category: Civil Law | Date: | Hits: 73

Shahidullah and others Vs. State, 1991, 20 CLC (HCD)

....he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ......1. Shahidullah 2. Jane Alam…………………Appellants Vs. State…………………Respondent Judgment November 4, 1991. Result: The appeal is allowed. Cases Referred to- Md. Kalu Bhuiyan @ Kalu Mia Vs. Special Tribunal No.II Comilla, 30 DLR 124; Dost Mohammad and......the very outset submits that taking of cognizance by the Special Tribunal and framing of accusation and holding of trial before the Special Tribunal constituted under the Special Powers Act is bad in law as the Special Tribunal constituted under that Act cannot take cognizance on the basis of a pros..

Category: Criminal Law | Date: | Hits: 60

Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)

....in the facts and circumstances of the case, the impugned order cannot be interfered with by this Division in exercise of its power inasmuch as by the order complained of, in my opinion, no failure of justice has been occasioned. Order 8 rule 1(2) empowers a defendant to put a document in evidence in......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......��……………………Petitioner Vs. Siraj Miah and others…………………….Opposite party Judgment February 28, 1991. Result: The Rules are discharged. Case Referred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 ......dant and plaintiff stand on the same footing the lower appellate Court ought to have accepted the written statement filed after remand of the suit. The contention raised needs examination of relevant law on this point. Order 9 rule 1(1) CPC is the relevant law. Sub‑rule (1) of rule 1 of the said O..

Category: Property Law | Date: | Hits: 79

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......azar Rahman the heirs of Hafizur Rahman by a registered Kabala dated 29.11.1976 and subsequently the respondent No.2 also purchased the share of Mofizur Rahman by a registered Kabala dated 2.6.80 and accordingly his name in the draft record of rights has been correctly recorded. 6. In Writ Petiti......dhury J Mustafa Kamal and others…………………….Petitioners (Writ Petition No.207 of 1986) Sebera Begum……………………Petitioner (Writ Petition No.208 of 1986) Vs. Director of Land Records and others…………………Respondents (In both the Writ Petitions) Judgm......08 of 1986 is directed against the impugned order dated 31.3.1986 (Annexure G to the petition) calling upon the respondents to show cause why the same should not be declared to have been made without lawful authority and of no legal effect. 2. Since identical question of facts as well as law havi..

Category: Property Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......rable place. On receipt of this petition of complaint informant P.W.1 took steps for laying a trap and with that intention he asked said Rezia Khatun to bring two five hundred taka currency notes and accordingly this Rezia Khatun brought two five hundred taka currency notes and the District Anti‑C......owdhury J AKM Mukhlesur Rahman……………….Appellant Vs. State ………………..Respondent Judgment December 3, 1991. Result: The appeal is allowed. Cases Referred to- Abdul Hye Vs. State, 20 DLR 407; Abdul Jabbar @ MA Jabbar Vs. State, 37 DLR 278; 20 DLR 587; ......en me through the evidence of the witnesses examined on behalf of the prosecution and also the documents marked exhibits before the trial Court. The appeal was heard on question of fact as well as of law. 8. The learned Advocate appearing on behalf of the appellant at the very outset submits that..

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....t in any view of the matter the petitioner having not been given the opportunity to cross‑examine the witnesses on the basis of whose deposition the punishment was awarded, the principle of natural justice was violated and on that ground also the punishment is unauthorised. 7. Mr. Moksudur Rahm......onists and the said committee issued a notice to the petitioner asking him to appear before the said second inquiry committee for interrogation on 9.8.89 at Babuganj Pilot High School. The petitioner accordingly appeared before the committee and he was interrogated and he gave replies to the questio......ner Vs. Secondary and Higher Secondary Education Board, Jessore and others………………Respondents Judgment December 18, 1991. Result: The Rule is discharged. Cases Referred to- Mukand Madhav Singh Vs. Agra University and another, 1961 AIR (Allahabad) 301; Mohinder Singh......ontained in Memo No. Co/243/1 dated 13.5.90 filed by the petitioner as Annexure C to the petition cancelling the SSC Examination of the petitioner should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner, Kazi Shafiul Nasher..

Category: Civil Law | Date: | Hits: 159

Elas Bepari @ Akhas Vs. The State, 2011, 40 CLC (AD)

....judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535.......judgment and order passed by the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 535....... Khandaker Mahbub Hossain, Senior Advocate instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. For the Respondent-None represented. Criminal Petition for Leave to Appeal No.96 of 2009. (From the judgment and order dated the 13th day of January, 2009 passed ......a blow on the chest wall of the deceased as deposed by P.W.s 1, 2, 3, 4, 5 and 8 cannot be believed, but the High Court Division failed to consider this factual aspect of the case and thus erred in law in maintaining the order of conviction and sentence passed against the petitioner. He further su..

Category: Criminal Law | Date: | Hits: 52

Md. Yusuf Ali and other Vs. The State, 2011, 40 CLC (AD)

.... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ...... petition to interfere with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. This Case is also Reported in: VIII ADC (2011) 532, 17 MLR (AD) (2012) 153. ...... Lawyers Involved: Munsurul Hoque Chowdhury, Advocate instructed by Syed Mahhubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-For Respondent. Criminal Petition for Leave to Appeal No.11 of 2011. (From the judgment and order dated 25th May, 2000 passed by the High Cou......w by dao is attributed to accused Yusuf and no other injury is found on the victim and, therefore, the conviction and sentence of the accused convicts other than Md. Yusuf Ali is not sustainable in law and, therefore, their appeal ought to have been allowed. 6. We have heard Mr. Munsurul Hoque ..

Category: Criminal Law | Date: | Hits: 52

Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)

....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......tor of the defendant No.4 Company and guarantor of the loan had mortgaged his property with the defendant No.1 Bank as collateral security. The defendant No.4 failed to repay the aforesaid loan and accordingly the defendant No.1 filed Title Suit No.154 of 1997 in the 3rd Artha Rin Adalat, Dhaka ag......amp; 5. Syed Amirul Islam, Senior Advocate, instructed by Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the High Court D......he High Court Division maintained the judgment of the trial Court. 6. Mr. M. Amirul Islam, the learned Senior Counsel appearing for the petitioner contended that the High Court Division erred in law in dismissing the appeal in failing to consider that the tripartite agreement has not been resci..

Category: Civil Law | Date: | Hits: 93

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