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Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....owers of the trial court and the appellate court was not only competent to do what the trial court ought to have done but was duty bound to take steps for any offences affecting the administration of justice and chapter XXXV of the Code of Criminal Procedure is meant for such proceeding and therefor......on by the impugned judgment and order dismissed the appeal affirming the judgment and 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 th..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. ......ion. It appears that the High Court Division on proper consideration of legal position and the materials on 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..Category: Property Law | Date: | Hits: 30
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. ......of Bangladesh and others, 47 DLR 583 it has been held that when in pursuance of a bainapatra/agreement to transfer property the intended transferee has taken possession, though the requisite legal document has not been executed, the position is the same as if document had been executed aga..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
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. ......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. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated 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. ......as sufficient time to call out a Magistrate for recording it. In a nut shell, the dying declaration, according to the defence, was not a genuine statement of the injured person but was a fabricated document. 5. There is no direct evidence about the assault upon the deceased, Mahmuda; but the in..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....llant. In a writ proceeding the petitioner is not entitled to make out a case in his affidavit-in-reply. A departure from this norm can only be made in exceptional circumstances for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order ......of the petitioner then it will be a case where the petitioner has failed to discharge his onus probandi. 17. The nature and the extent of the disputed fact in this case may be exemplified by the document dated 24.12.69, filed after the hearing of the case, and the court heard the matter again. ..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. ......il Procedure, 1908 (V of 1908), Order VII, rule 11 The Specific Relief Act, 1877 (I of 1877), Section 56(K) The bar of section 56 (K) of the Specific Relief Act for non-production of document under Rule 14 of Order VII CPC has no manner of application in considering the petition un..Category: Property Law | Date: | Hits: 33
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
.... Ordinarily a litigant does not stand to benefit by lodging an appeal late. 2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is condoned the highest that can happen is th......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
.... the other part of the decree also even though it was not necessary for them, but the learned District Judge and the High Court division failed to do either occasioning an apparent failure of justice. 10. This appeal is not opposed by the respondents. 11. We find substan...... ad valorem Court fee was paid for by the plaintiffs either. The learned District Judge further observed that there was a distinction between a declaratory decree and a decree setting aside certain document, in the former case a fixed Court fee is payable on the plaint and in the latter ad v..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
..... 11. The learned Counsel for the appellant submitted since 1992 the appellant has been fighting over the matter and as such this Court may dispose of the matter finally and do complete justice in the matter. We force in the submission of the learned Counsel. Accordingly, we like to ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....ution case. It also vitiated the whole proceedings for being tainted with falsehood. As such the conviction and sentence awarded to the petitioners are liable to be set-aside for ends of justice. 5. He further submits that the FIR story has been proved to be false and fabricate......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. 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 cost. Ed. ......lity. 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 cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....t was closed, it was submitted that in the facts and circumstances of the case, the High Court Division must be deemed to have inherent power to do right and to undo wrong in the administration of justice as in the absence of express provision of law the High Court Division was not rendered powe......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....uch circumstance, is triable under the Act of 1995. 7. In this view of the above admitted position and in order to avoid delay in disposal of the case, we are led to opine that ends of justice would be met if the petition is disposed of without granting leave. In the premises we direc......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ..Category: Criminal Law | Date: | Hits: 30
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......nd for the work. 9. Under the above facts and circumstances of case, we are of the view that the Returning Officer rightly found the nomination of the appellant as a valid piece of document. The High Court Division in our view totally misdirected in understanding the implication ..Category: Election Law | Date: | Hits: 108
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
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