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Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ccordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......uired said title by adverse possession was under the law required to dismiss the suit, that appellate Court while setting aside the judgment and decree of the trial Court did not advert itself to the evidence on record and that did not reverse the finding and decision of the trial Court. It has also..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......rror of law in refusing to accept the basic documents of the plaintiffs (four documents registered and notarized) and to admit the same into evidence violating the provisions that there is no evidence that the list Exhibit "Ka", that is census but the same was admitted into e..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......peal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ....... Mr.Mahmudul Islam learned Counsel submits, inter-alia that the petitioner having filed the plaint showing cause of action on the basis of facts alleged, the truth of which is to be determined on evidence to be adduced during trial, the High Court Division committed error in not holding th..Category: Business or Commercial Law | Date: | Hits: 121
State Vs. Sentu and others, 2004, 33 CLC (AD)
....o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ...... Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......investigated charge sheet was submitted against the accused respondents and others. The case being sent for trial before the learned Additional Sessions Judge, 2nd Court, Barisal he recorded evidence and passed the Judgment and order convicting the accused respondents under Sections 302/34..Category: Criminal Law | Date: | Hits: 41
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ...... doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......dditional Attorney General has placed the judgment and order materials before us and submits, inter alia, that the High Court Division while acquitting the accused respondents did not consider the evidence of prosecution witnesses in juxtaposition with the documentary evidence, M.V. stamp s..Category: Criminal Law | Date: | Hits: 35
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ......tion of both the parties and the exhibited documents in the suit are to be included. Ed. ......2 is the scribe and P.W.3 is the attesting witness of the Nadabipatra and they in their depositions did not state as to when and where they had written or attested the Nadabipatra and as such their evidence specifically in respect of time, place and manner of execution of Nadabipatra are ..Category: Property Law | Date: | Hits: 30
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......y granted earlier be extended for further period of 6 (six) months from date. Ed. ......he High Court Division without giving emphasis upon the observation of the lower appellate Court that the plaintiffs in order to prove their case did not produce the original deed for which proper evidence was required to be taken and as such the trial Court was the proper Court to decide the ti..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......of 2005. The petitioners are also permitted to add additional grounds. Ed. ...... by this court." "Because in the advertisement of Bangladesh Public Service Commission (BPSC) dated 21.05.2001, it was mentioned that "candidates having teaching experience or evidence of research work and publication will get preference"; that all the selected can..Category: Employment/Service Law | Date: | Hits: 86
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... of the necessary state of affairs, the Council stated in its Inquiry Report that "in an inquiry though the ordinary procedure of admitting or accepting particular facts or statement into evidence is not strictly applicable but rule of procedure demands that the allegation before the in..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In 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. ......e appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......said quantity of land plaintiffs have acquired right, title and interest in .3471 acre of land. 6. The defendant Nos.1 and 2 went on appeal. The appellate Court on detailed discussion of the evidence upon arriving at the finding that the trial Court did not commit any error of law and fact..Category: Property Law | Date: | Hits: 40
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......y, the appeal is allowed. There is no order as to costs. Ed. ......ver and the person in whose presence the summons was served as well as himself. 6. The trial Court, on the findings that petitioner i.e. respondent No.1, failed to adduce any tangible evidence either oral or documentary to substantiate his case of knowing about the ex parte decree f..Category: Civil Law | Date: | Hits: 112
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......ed the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......ct his appearance. 7. He further submits that the High Court Division committed error in not interfering with the judgment and order of conviction against the petitioner though cogent evidence was lacking to warrant conviction under section 385 of the Penal Code. 8. We h..Category: Criminal Law | Date: | Hits: 47
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. 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. ...... merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Court also found the defendants defaulter in the payment of rent of the premises in suit. It is seen from the judgment of the trial Court that the said Court on due consideration of the evidence held that the plaintiffs require the premises in suit for their bonafide requirement as we..Category: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ...... merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......fact, that the suit plot as is not undivided "hut of the defendant No.1 he is not entitled to get the suit property as a part of his own undivided homestead" and in the background of the evidence on record the defendant No.1 is not entitled to buy out the suit property under section 4 ..Category: Property Law | Date: | Hits: 44
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ...... under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......aman Ain, 2000, in short, the Act. The case thereafter being sent for trial, the trial Court framed charge against the accused under section 9(1) read with section 30 of the Act and after recording evidence convicted both the accused under section 9(1) of the Act and sentenced each of them to su..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......amun whom he recognised and identified as aforesaid Mamun residing in her house and she also identified accused Mamun on dock. 31. P.W 6 Md Serajul Islam, the imam of Rupa-tali Jame Mosque, in his evidence corroborated PW 3 Md Abul Khair regarding letting out of the house at Rupatali Laldegi Mrid..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......arties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......complete the construction works within the time as stipulated and thereby the port authority incurred loss and therefore, the contracts were cancelled. 4. The trial Court upon consideration of the evidence on record decreed the suit in part for an amount of Taka 33, 45,276.24 only. Being aggrieve..Category: Civil Law | Date: | Hits: 109
State Vs. Mohammad Khan and others, 1990, 19 CLC (AD)
....Commissioner, Patuakhali will take him in to custody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......ustody and the trial Court will report compliance of the order of this Court thereafter. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 192. ......nced them to imprisonment for life. On appeal the High Court Division acquitted all the respondents. 6. We will now consider the case of the principal accused Mohammad Khan to see whether on the evidence on record the High Court Division was justified in acquitting the principal accused who i..Category: Criminal Law | Date: | Hits: 117
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......eal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ......on before the High Court Division. The learned Single Judge observed in the impugned judgment thus: — "The courts below came to the finding that the pre-emptor petitioner waived his right on the evidence adduced by the opposite parties as to the conduct of the pre-emptor petitioner at the time ..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ...... charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......upon confession without calling the magistrate as a witness. The accused have been denied the opportunity to cross examine the magistrate. In criminal trial the prosecution is obliged to establish by evidence that the crime has been committed. Commission of dacoity has not been proved by adducing ev..Category: Criminal Law | Date: | Hits: 49
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