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Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......th the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......t petitioners were British and Malaysian nationals and since section 14 of the Pakistan Citizenship Act in 1951 prohibited dual citizenship or nationality and the Writ petitioners did not furnish any evidence as to whether they were British or Malaysian or Pakistani citizens and, as such, the High C..Category: Business or Commercial Law | Date: | Hits: 114
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......e lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......ection 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On consideration of evidence, oral and documentary, and the attending circumstances, both the trial Court and the appell..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ...... is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......ames of the persons witnessing the refusal under rule 84(e), the report cannot be accepted. And the courts below failed to consider this relevant provision of law and committed error. Considering the evidence adduced by the appellants not duly considered by the High Court Division and the trial cour..Category: Procedural Law | Date: | Hits: 116
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......s allowed within directions as set out above. There is no order as to costs. Ed. ......ures including holding public hearings for setting an application under this section (section 8 Act); — for seizing any equipment if he had reason to believe that it may furnish evidence of the commission of an offence under the Act (section 10); - for the formulati..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......ing which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......sanction of law, that mutation in the record of the Government was made without approval of the competent authority. The Court of Settlement dismissed the case observing, amongst others, “No oral evidence has been adduced by the petitioner that Sahera Khatun was present and her whereabouts were ..Category: Property Law | Date: | Hits: 37
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ivision so as to call for any interference. The petition is dismissed. Ed. ...... by the Meghna Dhanagoda Barrage it was a proper case where decree for injunction could be granted and further the defendants did not agitate co-ownership in their pleadings nor did they adduce any evidence to that effect and their defence was based on exclusive ownership and possession but the ..Category: Property Law | Date: | Hits: 33
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......al Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for giving false evidence. The defence may use it to contradict the witness, whereas the prosecution may use it to co..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ...... appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ...... the land on behalf of the defendant Nos.2 and 3, that the plaintiffs at no point of time had right, title and interest as well as possession in the land in suit. 5. On consideration of the evidence, both oral and documentary, particularly Exhibits 1 and 2 (sale certificate and certificat..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ...... Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......Abdul Barek Bepari obtained the decree for specific performance of contract without service of summons on the defendants thereof, that the judgment of the appellate Court suffers from misreading of evidence and, as such, same is not sustainable in law. 6. We have heard the learned Advocate-on-R..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......aining their possession of the land in suit, that the High Court Division was wrong in proceeding with the premise that the defendants were ready and willing to perform their part although any evidence was not brought on record to establish the said fact. It has also been submitted on behal..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......e appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......t acquire any title from Bipin Chandra who is said to have taken settlement from the ex-landlords and that settlement to Bipin Chandra by ex-landlords was not proved, that defendants proved by the evidence of DWs 3 and 4 that the land in suit is Eidgah, Swashan and Debesthan, etc., that in view ..Category: Property Law | Date: | Hits: 35
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....e with fundamental judicial norms and that the finding of the respondent No. 1 as to illegality and material irregularity in holding election was vitiated by reason of reference to and reliance on inadmissible evidence. That serious allegation having been made by Respondent No. 2 against the pre......e transfer petition. The appeal is dismissed without any order as to coast. Ed. ......mental judicial norms and that the finding of the respondent No. 1 as to illegality and material irregularity in holding election was vitiated by reason of reference to and reliance on inadmissible evidence. That serious allegation having been made by Respondent No. 2 against the presiding office..Category: Election Law | Date: | Hits: 122
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......rived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......ion. 8. We have heard the learned Advocate of both sides and perused the impugned judgment of the High Court Division. It appears that during trial on 03-05-2005 prosecution adduced the evidence of P.w.1 on 02-05-2005 and Pws.2 and 3 on 02-05-2005, 03-05-2005 respectively and they wer..Category: Criminal Law | Date: | Hits: 41
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... Accordingly the appeal is dismissed without any order as to costs. Ed. ......uot;refused" on it. It is also the preponderant view that mere denial by the defendant that he did not receive the notice or that it was not tendered to him is not sufficient. He is to adduce evidence that he was not tendered any notice and that he did not refuse any notice". 21..Category: Trust/Waqf Law | Date: | Hits: 266
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ...... the discussion made above the leave petition stands dismissed. Ed. ......pondent No.1. 9. He further submits that the claim of the defendant that the property was sold for a consideration of Tk. 70,000/- to meet the demand of dowry has not been proved in the evidence and that the defendant failed to prove the genuineness of the deed of heba-bil-ewaz a..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......der of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......pect of an offence after a report under subsection (1) has been forwarded to the Magistrate and, whereupon such investigation, the officer in-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regar..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ...... On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ...... and sentence and acquitting them. Hence is this petition. 3. In support of the Petition Mr. Abdur Razzaque Khan, learned Additional Attorney General submits, inter alia, that there being cogent evidence against the two respondents the High Court Division committed error of law in acquitting th..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......l. Accordingly the appeal is dismissed without any order as to costs. Ed. ......s against the judgment and decree of the trial Court, the defendant No.1 moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division on consideration of the evidence on record held that the transaction made by Ext.1 (the Exchange deed) was a colourable tra..Category: Property Law | Date: | Hits: 38
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......peal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......have a decree for the partition of the suit land described in the schedule attached to the plaint upon allotment of separate saham of .19 acre of land, that the trial Court failed to appreciate the evidence on record and thereupon arrived at a wrong decision and dismissed the suit. 6...Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......er as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......ned the Rule. The High Court Division upon hearing made the Rule absolute. 5. Leave was granted to consider the submission that "considering the proven facts, circumstances and the evidence on record of the case, the learned Single Judge of the High Court Division due to its mis..Category: Property Law | Date: | Hits: 33
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