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Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)
....Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......ditional Sessions Judge, Jessore, in Sesions Case No. 21 of 1980 and affirming the order of conviction. The appellants along with acquitted co-accused Ali Hossain were placed on trial before the Additional Sessions Judge, Jessor, on a charge under section 302/34 of the Penal Code. ......Ali Mondal under section 302 of the Penal Code, and the sentence of transportation for life passed thereunder is confirmed. Ed. This Case is also Reported in: 37 DLR (AD) 87. ......sed by the Additional Sessions Judge, Jessore, in Sesions Case No. 21 of 1980 and affirming the order of conviction. The appellants along with acquitted co-accused Ali Hossain were placed on trial before the Additional Sessions Judge, Jessor, on a charge under section 302/34 of the P..Category: Criminal Law | Date: | Hits: 52
Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)
....nct implication” - Per Shahabuddin Ahmed J.……………..(24) On the ground of equity and justice the appellant's vested right by court-sale should not have been affected by a subsequent enactment. But in view of expres......ansfers of land agricultural or nonagricultural, not exceeding 10 Bighas and this amendment was given retrospective effect from the date section 9 of the State Acquisition and Tenancy Act came into force on 16.5.51. ………….(20) The Amendment under Ordinance ......peration unless such a construction appears very clearly in the terms of the act or arises by necessary and distinct implication". "If the enactment is expressed in language which is fairly capable of either interpretation, it ought to be construed as prospective only.” It, h......laintiff's money suit. He, therefore, acquired a lawful interest in the suit properties. After purchase he constructed a pucca boundary wall which was not in existence before his purchase. The trial Court dismissed the suit on finding that Ext. A, the kabala executed by Jogesh Chandra Das i..Category: Others | Date: | Hits: 86
Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
....r Bocha but to claim it as self-acquired property in a partition suit, some, more evidence was necessary for the plaintiff to prove the claim which was not done in this case. Appellate Court below rightly pointed out that the trial Court had taken into, consideration of the quantum of land and t......ppeal by special leave is directed against the judgment and order passed by the High Court Division, Rangpur Bench in Civil Order No. 852 of 1982. 2. The appellant as plaintiff filed a suit for partition of the schedule property stating, inter alia, that Mangia Sk. had 6 annas 8 pies shar......echnicality of procedural law. In the result therefore this appeal is dismissed but there will be no order to costs. Ed. This Case is also Reported in: 37 DLR (AD) 63. ......ngia transferred 1.33 acres of land of Schedule Kha and also 91½ decimals of land out of Schedule Ka; that the plaintiffs are not entitled to get the lands as claimed by them. 4. The trial Court decreed the suit giving the plaintiff a share amounting to 2.82 acres. On appeal by th..Category: Property Law | Date: | Hits: 38
Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)
....in of events upto the point and there is no other intervening circumstance before the discovery of the dead body of the victim." 15. We find that the High Court Division has rightly considered the circumstantial evidence and found it sufficient to convict the petitioner un......r Haider, Advocate (appeared with the leave of the Court) instructed by Bivash Chandra Biswas, Advocate-on-Record-For the petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 369 of 2007 (From the judgment and order dated 04.04.2007 passed by......interference with the judgment of the High Court Division. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 352. ......ness No. 7 in the charge sheet. 5. After receipt of the charge sheet, the Magistrate transmitted record of the case to the court of the learned Sessions Judge, Chittagong for holding trial. On receipt of the record of the case, the learned Sessions Judge, Chittagong registered and ..Category: Criminal Law | Date: | Hits: 35
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......d: Monsur Habib, Additional Attorney General instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 527 of 2006 (From the judgment and order dated 04.05.2006 passed by......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ......atter to the informant Md. Abdul Quashem, a member of the local Union Parishad. The informant then lodged the F.I.R. 3. Police on completion of investigation submitted charge sheet. The trial Court on consideration of the evidence and other materials on record convicted and sentenced ..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......volved: Abu Bakar Siddiqui, Deputy Attorney General, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No. 303 of 2007. (From the judgment and order dated 27.02.2005 passed b......and other evidence on record conclusively show that the accused respondents committed cold-blooded murder of the victim to remove the obstacle in carrying out their indecent and immoral love affairs. Hence the impugned judgment deserves interference for the ends of justice. 7. We are ...... The learned Sessions Judge, Brahmanbaria framed the charge against the accused respondents under Section 302/34 of the Penal Code and the prosecution examined 15 witnesses in the case in the trial including the mother of accused Nazma Begum and after considering the evidence on record the ..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here 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) 338. ...... Lawyers Involved: Md. Khurshed Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 382 of 2006 (From the judgment and order dated 12.02.2006 passed by......here 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) 338. ......hock the informant lodged FIR on 28.02.1988 at about 5 P.M. The police, after investigation, submitted charge sheet against the petitioners and others under section 302/34 of the Penal Code. At the trial the prosecution examined 13 P.Ws. and the defence examined none. The defence case was that o..Category: Criminal Law | Date: | Hits: 38
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....other papers on record. 13. It appears that both the courts below considered the confessional statement of the accused petitioners Exts.4 and 5 and the corroborated evidence of PA and 16 and rightly held that the petitioners are responsible for the murder of the deceased. No mitigating ci......Jail Appeal No.860 of 2003.) Judgment Md. Abdul Matin J. - These jail petitions for leave to appeal are directed against the judgment and order dated 13.08.2007 and 14.08.2007 in ......16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......gistrate, 1st Class where both the accused persons made confessional statement which are mutually consistent with each other and ultimately police submitted a report with a recommendation for trial of these two accused persons for committing the offence punishable under Sections 302/34 of t..Category: Criminal Law | Date: | Hits: 41
....ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......
Md. Aftab Hossain, Advocate-on-Record-For the Petitioners.
A.K.M. Shahidul Huq, Advocate-on-Record-For the Respondent Nos. 1 and 2.
Not represented- Respondent Nos. 3-8.
Civil Petition for Leave to Appeal No. 2215 of 2008
(From the judgment and order dated 13th October, 2008 passe......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division.
The petition is dismissed.
Ed.
This Case is also Reported in: VI ADC (2009) 330.
......oral permission and also with the consent of the District Administration providing improved service to all classes of passengers investing huge amount of money for buying the vehicles etc.
4. The trial Court rejected the application by judgment and order dated 10.4.2008.
5. The plaintiffs pr..
Category: Civil Law | Date: | Hits: 118
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
....n the respondent No. 1-writ-petitioner to file a specific statement in the writ petition and as such, in view of the fugitive from justice. Since the law is now settled that a fugitive has no legal right to seek any kind of redress as against his grievances, if any, against the proceeding pending ......-Record-For the Petitioner. Rafique-ul Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1532 of 2008. (From the judgment and order dated the 20th day of July, 2...... the 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: VI ADC (2009) 323.......en controverted by filing affidavit-in-reply by the writ-petitioner; that the respondent No. 1-writ-petitioner failed to satisfy the Court by filing affidavit regarding the latest position of the trial Court and a duty is cast upon the respondent No. 1-writ-petitioner to file a specific statemen..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ...... Judgment August 25, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-11. Civil Petition for Leave to Appeal No. 1223 of 2007. (From the judgment and order dated the 27th day of Ma......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ......te further submitted that the ex-landlord got the Touji Register prepared in respect of acquired estate for the compensation assessment roll and the same can not remain with the landlord; that the trial Court in its judgment erroneously found that the rent receipts submitted by the defendants ar..Category: Property Law | Date: | Hits: 28
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ...... Chowdhury Md. Zahangir, Advocate-on-Record-For the petitioners. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1229 of 2006 (From the judgment and order dated the 10.04.2006 pass......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......t of learned joint District judge, Kurigram for hearing and disposal. Accordingly the said miscellaneous Appeal was heard and the learned appellate court affirmed the judgment and order of the trial court by its judgment and order dated 12.10.2002. Thereafter the pre-emptee petitioner No.1 ..Category: Property Law | Date: | Hits: 33
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......008. Lawyers Involved: Farooq Ahmed, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Civil Petition for Leave to Appeal No. 1332 of 2007. (From the judgment and order dated the 25-07-2007 pas......by the learned Advocate for the petitioner found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 305. ......red on receiving the consideration money and now the plaintiff cannot pray for a cancellation of the registered kabala deed and thus the suit is liable to be dismissed. 4. The trial Court on consideration of the materials on record decreed the suit by judgment and decree dat..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
.... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ...... The patent facts are that one Abdul Brake was the owner in possession of the suit land. He used to live with his wife plaintiff No. 1, khorsheda Khatun and her son plaintiff No. 2, Dhan Mia by her former husand. On 17 October 1983 Abdul Barek executed a deed of heba-bil-ewaz in respect of the sa...... that does not affect the substantial decision of the High Court Division. Accordingly this appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 349. ......s void and not binding on the plaintiffs. 5. Being aggrieved the contesting defendants preferred Title Appeal No. 14 of 1987. The appellate court while reversing the decree of the trial court did not even advert to the aforesaid reasoning of the trial court; nor did it discuss a..Category: Property Law | Date: | Hits: 40
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....ly executed a kabinnama, but due to unhealthy pressure put upon him by his relations he falsely denied the marriage. She strongly submits that the High Court Division in the interest of justice has rightly decreed the suit. 9. It appears from the impugned judgment that although the learned Judg...... of the courts below on the grounds mentioned in section 115 CPC, the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh appreciation of evidence. That is not its function in the revisional jurisdiction.............rders as to costs, the judgment and decree of the lower appellate court are hereby restored. Ed. This Case is also Reported in:II ADC (2005) 343; 2 MLR (AD) 153; 2 BLC (AD) 92; 17 BLD (AD) 145. ......ing herself as P.W.I and the defendant examined 6 witnesses including himself as D.W. 1. After the close of recording evidence a kabinnama, marked V was produced on behalf of the plaintiff. 5. The trial Court on consideration of the evidence held that the plaintiff could not prove the talk, solem..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....d Advocate citing the cases of Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55, Abu Ahmed Abdul Hafiz Vs. MA Haque Sariji 1983 BLD (AD), 532 and Sukumar Sen vs. Gpuranga Bejoy Das, BLD 1989 (AD) 162 has rightly submitted that the granting of full relief by way of disposing a revisional applicati...... learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her examination in Court. 2. The relevant facts are that the plaintiff appellants on......bmitted that the granting of full relief by way of disposing a revisional application summarily without issuing any Rule and behind the back of the affected opposite party is neither legal nor fair. The learned Judges of the High Court Division appear to have committed a serious error of law......ery much alive and has been residing abroad at present and that her son as her legally constituted attorney has been conducting the aforesaid Misc. Case. 3. Hearing both the parties the trial judge by an order dated 6.4.97 allowed the plaintiffs prayer for personal appearance of defen..Category: Procedural Law | Date: | Hits: 96
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... evicting him from University Staff Quarter No. 40/C without arranging any alternative accommodation for him. Leave was granted to consider:- (i) whether the High Court Division rightly held that the unauthorized occupation of Staff Quarter by the respondent could be remedied...... No. 112 of 1990 reversing the judgment and decree dated February 28, 1990 passed by the Assistant Judge, 4th Court, Dhaka dismissing Title Suit No. 818 of 1987. 2. The respondent's suit was for a declaration that the orders dated 3-10-85 and 18-2-86 passed against him removing him fr...... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ...... statement and denied the material allegations of the plaintiff and asserted that for violation of office discipline the plaintiff was legally removed from service. 4. The trial Court in dismissing the suit held that the plaintiff had illegally occupied the University Qu..Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
.... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ......it No. 365 of 1981 to file and number after setting aside the Order dated 22 December, 1985 recording abatement of the suit. 2. One Khairunnessa was the sole defendant in the suit which was for declaration of title. She entered appearance and filed a written statement. On 20 July 1985 one...... set aside and the order of the learned Assistant Judge dated 13 August 1987 in Miscellaneous Case No. 2 of 1986 be restored. Ed. This Case is also Reported in: II ADC (2005) 331. ......tion had not been dismissed by the learned Assistant Judge but was ordered to be put up in the suit itself after restoration. The learned Advocate also submits that it was never agitated before the trial Court that Khairunnessa was survived by a daughter Jubaida Sultana and so the revisional cou..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....eing possessed the tenants under the Government, that Barada kanta Chakravarty did not sell .81 acre of land or any land to the plaintiffs and in 1969 said Barada Kanta Chakravarty had no right, title and interest in the land in suit and as such he had no authority to sell the land in ......d thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No. 16 of 1989 decreeing the suit in preliminary form in respondent of the land measuring .3471 acre. The suit was filed seeking declaration of title......view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......onstructed in the said land and the same was handed over to the Agricultural Department and some portion of plot No. 685 is in occupation of the local Primary School for more than 20 years. 5. The trial Court decreed the suit in preliminary form upon declaring title of the plaintiffs in respect..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
....continuation of his lease or restraining the defendants from accepting tender for leasing out the suit beels for the years 1404-1406 B.S. in as much as the plaintiff having no subsisting right to the suit fisheries has no prima facie case for injunction. Secondly, whether the question o......7 preferred by the appellants against the judgment and order dated 27.3.97 passed by the learned Subordinate Judge, 1st Court, Netrakona in O.C. Suit No. 3 of 1997, allowing the plaintiff's prayer for temporary injunction, under order 39 Rule 1 and 2 of the Code of the Civil Procedure, restraini......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ......mmissioner, Netrakona most illegally invited the impugned tender. 4. After the filing of the suit the plaintiff filed an application for temporary injunction against the defendants. The trial Court initially passed an ex parte order of ad interim injunction and ultimately by its judg..Category: Property Law | Date: | Hits: 34
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