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Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ...... to be dismissed and hence it is dismissed without any order as to costs. Ed. ......tion. Referring to the findings of the High Court Division the learned Additional Attorney General submits that the allegations made by the writ petitioner being not corroborated by any cogent evidence and there being allegations of the writ petitioner about alleged harassment and intimidati..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......t Division in reversing the judgment of the appellate Court below did not address itself at all to the said aspect of the matter. It has been submitted by the learned Counsel for the appellant that evidence having been on record that the defendant by his activities causing disturbance and annoyanc..Category: Tenancy Law | Date: | Hits: 180
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......ot maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......ged the Rule on the findings that the suit as framed against the defendants is quite maintainable and that allegations brought against the plaintiff "have not been proved by any corroborative evidence" and finally the High Court Division observed that there was no error of law or failu..Category: Employment/Service Law | Date: | Hits: 113
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......ccused respondent in the commission of the said sensational murder of late Ward Commissioner Shaukat Ali and as the case is still being investigated with allegation of threat and tempering with the evidence/witnesses his bail should be cancelled and the ought to remain in custody for securin..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......sion committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......ted the company's money and/ or made false statement in the annual return. 7. On the face of such statement made in the petition of complaint it cannot be said at this stage before recording evidence of the parties that the proceeding is an abuse of the process of the court or is, therefo..Category: Criminal Law | Date: | Hits: 29
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ...... Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......missing the appeal. 5. Leave was granted to consider the contentions that the trial Court convicted and sentenced the condemned-petitioner to death on the basis of circumstantial evidence and the High Court Division confirmed the same on the same ground although the circumstant..Category: Criminal Law | Date: | Hits: 71
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ...... Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ed earlier. 5. Leave was granted to consider the submission that the High Court Division erred in law by relying exclusively on the Advocate Commissioner's Report which was not admitted in evidence and, as such, the finding based on the said report to the effect, that the parties to the ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......n this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......ly found that the 1985 Rules were applicable to him. The Appellate Tribunal however did not interpret Rule 25 (2) of 1985 Rules correctly. It was not necessary for the Government to assess the evidence given before the Summary Martial Law Courts to decide whether the respondent should be ret..Category: Criminal Law | Date: | Hits: 33
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ve bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ...... of 1/4 mile from the place of occurrence went to the hut of the deceased in the morning, P.W.10 is also brother of the deceased. 12. As stated hereinbefore the trial Court on consideration of the evidence of the eye witnesses as well as of the witnesses who immediately after the incident went to..Category: Criminal Law | Date: | Hits: 44
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......on of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......efendant Nos. 1-6 who are. in possession thereof and also without giving them an opportunity of being heard. 5. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The learned counsel could not p..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ...... the petition is dismissed. Ed. ......status quo dated 05.04.1999.The application was registered as violation Miscellaneous Case No.09 of 1999. The defendant opposed the application by filing written objection. On consideration of the evidence the trial Court found that the defendant dispossessed the plaintiff in violation of the or..Category: Property Law | Date: | Hits: 28
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......d by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ...... report of the chemical examination which speaks about the sign of rape upon the victim girl child and considering the gravity of the offence and every chance of abscondence and tampering with the evidence by the accused-respondent, the learned Judges of the High Court Division should have refus..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......ur discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ...... decree of the trial court and also held that having full knowledge that exhibit-Kha-dated 31.05.1917 was a forged document, D.W.1 Abdul Awal Minto on behalf of the defendant No.14 gave the deed into evidence and thereby committed serious offence making him liable for prosecution under Section 195(1..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......es, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......n record came to the conclusion that under section 47 of the Registration Act, a registered document takes effect from, the date of its execution and not from the date of registration. There is no evidence on record that the document executed on 29.09.1986 and registered on 16.10.1986 is an anted..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......gment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......landlord and subsequently to Government. The S.A. Khatian was correctly prepared in his name. So, the suit was liable to be dismissed. The trial court on consideration of both documentary and oral evidence adduced by the parties decreed the suit by judgment and decree dated 04.02.1995. On appeal..Category: Property Law | Date: | Hits: 39
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......1908 (V of 1908), Section 115 Concurrent finding of facts arrived at by the courts below cannot be disturbed unless there is non-reading, misreading, misconstruction or misappropriation of evidence on record. …………….(19 and 20) The Specific Relief ..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ....... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ...... the above cancellation, Rustom Ali had no right to execute and register any kabala in favour of the plaintiff. 6. We are of the view the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The learned Counsel could not ..Category: Property Law | Date: | Hits: 37
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....rcumstances in which she received injuries to which she succumbed later on. 1, therefore, find no substance in the contention of Mr. Mainul Hosein that conviction has been recorded on unreliable or inadmissible evidence. 12. The appellant has been convicted under s.326 of the Penal Code which......d stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......s dismissed. The Evidence Act (I of 1872) Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......t that the appellant is the only son and heir of the original owner, by the owner himself and such assertion not being made before the magistrate or an affidavit commissioner, in absence of any other evidence to the contrary the court will not accept any such declaration without examining at least o..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......for. The leave petition is accordingly dismissed. Ed. ...... Order 7, Rule, 14 of the Code of Civil Procedure, 1908 us quote the same which is as follows:- “14. (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the plaint is presented and..Category: Property Law | Date: | Hits: 33
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