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Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ...... doubt and as such he is not entitled to the relief sought. 10. The plaintiff as against the judgment and decree of the trial Court went an appeal. The appellate Court on detail discussion of the evidence, both oral and documentary, of the parties arrived at the finding that the suit is not barr..Category: Property Law | Date: | Hits: 29
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ...... Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......e:- (a) Summoning and enforcing the attendance of any, person, and examining him on oath; (b) Compelling the production of any document or record; (c) Reception of evidence on affidavit; (d) Issuing commission for examination of witnesses; ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......pellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......of Sessions Judge, Barisal. They were charged under sections 302/34 of the Penal Code for committing murder of one Faujia Rahman Chapa (25) and also under sections 201/34 for causing disappearance of evidence of the muder and further under sections 307/34 of the Penal Code for attempting to cause mu..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......case of the parties and considered their submissions and thereafter, held as follows: "On hearing the submissions of the learned Counsels of both parities and after perusal of the evidence and other materials on record it is found that both the Courts below have not considere..Category: Procedural Law | Date: | Hits: 86
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ...... Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......was bitter enmity between the victim and the complainant and, as such, it is required that there should be some corroboration by disinterested witnesses. There is no corroborative evidence in the present case to generate confidence upon which the conviction can reasonably b..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh…&helli...... reports were enclosed with the second show cause notice, that as the third enquiry was ordered for clarification of the second enquiry report as to the sixth allegation on the basis of documentary evidence no notice was given to the respondent for the third enquiry and that the proceeding was i..Category: Administrative Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......urt Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Moulana Delwar Hosain Saydee………………&hel......site Party No. 5 liable to be declared void? (ix) To what other relief, if any, is the petitioner entitled? 9. As regards issue Nos. 2-6 the Tribunal upon consideration of the evidence and materials on record clearly found that they were not proved. As to issue No. 1 the Tri..Category: Election Law | Date: | Hits: 126
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......sult. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ...... these fisheries for another term for reasonable rent. The learned Judges of the High Court arrived at the following conclusion:— “We therefore, upon a consideration of the evidence on record, are satisfied that the plaintiffs have been able to establish their case that ..Category: Civil Law | Date: | Hits: 89
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......el. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ......the said land for more than 12 years in exercise of his right as a non-agricultural tenant. The learned Small Cause Court Judge who tried the said suit; came to the finding, on a consideration of the evidence on record, that the respondents has got their title to the suit premises and that the defen..Category: Tenancy Law | Date: | Hits: 163
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......erfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ...... First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged, in such cases no question of appreciating evidence arises, it is a matter merely of looking at the complaint or the First Information Report t..Category: Criminal Law | Date: | Hits: 138
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......on of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......the trial against the accuseds but however/ if any extraneous document is filed at the stage of framing charge to make the court believe any defence version, such document is to be admitted in evidence providing opportunity to the prosecution to verify the same and there is no scope to disc..Category: Criminal Law | Date: | Hits: 39
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......gainst is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......; 23. He further submits that the privilege to withhold evidence i.e. relevant for the dispensation of justice would cut deeply into the guarantee to pi du..Category: Constitutional Law | Date: | Hits: 124
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......tion. Accordingly, it is dismissed. Ed. ......resulted in an error in the decision causing failure of justice. 6. Learned Advocate further argued that the learned Judges of the High Court Division having failed to consider the material evidence on record arrived at erroneous findings and decisions which are liable to be set aside. ..Category: Property Law | Date: | Hits: 41
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ......lso Reported in: 60 DLR (AD)(2008) 55. ......id neither resolve the point at issue, whether the defendant Nos. 13-15 at all resigned on the dates mentioned above, as neither alleged by the plaintiffs nor discussed and considered the material evidence on the point. The said courts only and abruptly came to the finding that the said defendan..Category: Civil Law | Date: | Hits: 110
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......y the defendant No. 10. Plaintiffs and defendant Nos. 2, 3 and 10 also filed documents in support of their respective claims. 7. The trial court on consideration of the oral and documentary evidence arrived at the finding that defendant Nos.1-9's predecessor Abdul Hamid on the basis of th..Category: Property Law | Date: | Hits: 42
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ...... The appeals are dismissed without any order as to costs. Ed. ......t where a responsible officer exercised discretion vested in him, the Court can legitimately make a presumption that he did not act capriciously. However the presumption applies where there is evidence to show that the act itself was performed as the presumption is limits to the reg­..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ...............Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Sultan Ahmed, Advoc......uot;Mr. A.J. Mohammad Ali, the learned counsel appearing for the petitioners submitted that the plaint case being that the defendant was a permissive possessor under him but there being no evidence led to prove the same, the High Court Division erred in affirming the decree passed by th..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....ion of materials on record arrived at a correct decision and there is no cogent reason to interfere with the decision of the High Court Division. 9. The petition is dismissed. Ed. ......he decision of the High Court Division. 9. The petition is dismissed. Ed. ......rred by limitation." 5. On revision, the High Court Division, after hearing, discharged the Rule holding that the trial court as well as the lower appellate court considered all the evidence in details and recorded a clear finding that the preemptor could not prove that the pre-e..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......ischarging the Rule. The appeal is accordingly allowed without costs. Ed. ......ore, the Miscellaneous case was filed out of time. The case of the pre-emptor is that he first came to know of the kabala under pre-emption on 2nd Jaistha, 1388 B.S. The pre-emptor as P.W. 1 in his evidence stated that he came to know of kabala under pre-emption for his brother, Mozammel Huq (P.W..Category: Property Law | Date: | Hits: 31
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... High Court Division calling for our interference. The leave petition is dismissed. Ed. ......en filed Second Appeal No.205 of 1979 before the High Court Division which was allowed by the High Court Division. After detailed discussion of the depositions of witnesses of both sides and other evidence, the High Court Division believed the plaintiff-respondent's case. It also found that all ..Category: Property Law | Date: | Hits: 35