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Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......No. 13 dated 09.04.1994 against the accused petitioners and others under Sections 302/34 and other Sections of the Penal Code. The case was sent for trial. The Sessions Judge, Kishoreganj recorded evidence witnesses and by judgment and order dated 30th 1 April 1985 acquitted the accused petition..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ...... of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ...... another. 3. The defence of the accused respondent was that of innocence and false implication. 4. The prosecution produced 17 witnesses while the defence did not adduce any evidence. The learned Sessions Judge, Narail by the judgment and order dated 26.11.1991 convicted ..Category: Criminal Law | Date: | Hits: 29
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......allenged the validity of the kabala dated 19.09.1969 in favour of the petitioner, the High Court Division erred in affirming the decree of the courts below. ii. Because in view of the evidence as to possession deposed by D.Ws. 2-5 corroborating the evidence of D.W.1 as to poss..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...... appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...... trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording opportunity to the defendants to file written statement as well as to allow the parties to lead evidence, if so, chose by them. 2. The suit was filed stating, inter alia, that plaintiff's ..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......y making untrue statements in respect of the land in which plaintiffs have no right, title and interest. 5. The trial Court decreed the suit on the findings that plaintiffs by the evidence of competent witnesses have establish their claim in respect of the land in suit, that the..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......it in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......it by purchase from the successive heirs of Jitu Mondal. 5. The trial Court decreed the suit on the findings that plaintiff proved his case of possessing the land in suit by bargadar by the evidence of P.Ws. 2 and 3, that no 'Istafanama' as well as no 'Hukumnama' was filed to prove surren..Category: Property Law | Date: | Hits: 35
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......s interference by this court. The appeal is allowed without any order as to costs. Ed. ......the suit and therefore that the High Court Division committed an error of law in setting aside the judgment of the court of appeal below without reversing the findings that there is no independent evidence that Basanta Kumar accepted the Kabuliayat executed by the plaintiffs and also erred in la..Category: Property Law | Date: | Hits: 37
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......the appellants. The appeal is dismissed without any order as to costs. Ed. ......d for. 6. Khandker Mahbubuddin Ahmed, the learned Counsel appearing for the plaintiff-respondents has however submitted that the Court of appeal below on discussion and consideration of the evidence on record both oral and documentary decreed the suit holding that the plaintiff-respondent..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......res interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......session of the same and the plaintiff never lived in suit village and never possessed the 'Kha' schedule land and the suit is barred by limitation. 4. The trial Court on consideration of the evidence adduced by the parties dismissed the suit. On appeal being Title Appeal No. 55 of 1984/78..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......e Code of Civil Procedure on the point of res-judicata and the trial Court shall frame one of the issues as to whether the suit is barred by res-judicata and will decide the issues after recording evidence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ...... hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......way that the said Ministry never leased out the suit land for 99 years to the plaintiff, that the land in suit is in the possession of the Railway. 4. The trial Court on consideration of the evidence both oral and documentary, of the parties dismissed the suit. Thereupon the plaintiff wen..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......as granted to consider the submissions that the lower appellate court being the final court of fact having itself after thoroughly considering all the relevant documents of the parties and the oral evidence on record of six plaintiff's witnesses and four defendants' witnesses having arrived at var..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......he Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......and although the respondent No.3 contended that the petitioner company served lay off notice on 26.9.87 on the ground of shortage of raw materials and chemicals, but there is no cogent evidence before the Labour Court to hold that the notice was duly issued under the relevant provisi..Category: Labour and Industrial Law | Date: | Hits: 131
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......missioner, Dhaka and another…………… …...Respondents. Judgement January 14, 2004. Lawyers Involved: Ozair Farooq, Senior Advocate, instructed by Md. Nawab Ali, Advocate-On-Record- For the Petitioner Not represented- Responde......esh complaint the Additional Metropolitan Sessions Judge did not commit any illegality in directing the Magistrate to send the case to the police for further investigation as it has disclosed some evidence against the accused persons. 5. Mr. Ozair Farooq, learned Advocate for the accused ..Category: Criminal Law | Date: | Hits: 102
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......here is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......n error in decreeing the suit on the basis of Exts. 4 and 6 (judgment and decree in Title Suit No. 626 of 1975 and in Title Appeal No. 92 of 1979 respectively) considering them as the good piece of evidence in support of the claim of title of the plaintiff and that appellate Court having had exp..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......rned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......ccused in the same house the accused is to explain how the death occurred. ……………………………..(29) In view of positive evidence that the blood‑stained lungi was that of accused Zahirul Alam Kamal, he cannot be ab..Category: Criminal Law | Date: | Hits: 129
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ...... judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......on or not. We find from the judgment passed in the appeal and in the Civil Revision that the plaintiffs proved their possession in the suit land for a long period. The appellate court discussed the evidence elaborately on this point and came to a definite finding about the possession of the plai..Category: Procedural Law | Date: | Hits: 113
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......ut receiving full amount of money and subsequently, he had to make deposit of the entire shortage amount by selling of his paternal property. 4. It appears that the Special Judge considering the evidence on record found that the accused was guilty of the offence charged with but took a lenient ..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......ade hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......ust be entrusted with judicial functions. A judicial decision presupposes an existing dispute between the parties and if the dispute is a question of fact, the ascertainment of the fact by means of evidence adduced by them to the dispute and a decision of the whole matter by finding upon the facts..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ision. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......sses. There were 2 confessional, statements, one by accused Idris Ali Sheikh alias Gandu Sheih and another by Abdus Samad Molla (Member) alias Samad Khan. The trial Court on consideration of the oral evidence as well as the confessional statements of the aforementioned two accuseds convicted and sen..Category: Criminal Law | Date: | Hits: 63
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