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Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ame and the said revenue record was quite correct, that the defendant No.1 lives in separate mess. 4. The trial Court on consideration of the evidence of the parties, both oral and documentary, arrived at the findings that the plaintiffs have filed C. S and S. A khatians and Gove..Category: Property Law | Date: | Hits: 23
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....pugned judgment of the High Court Division, submitted that the Courts below failed to asses the evidence of the prosecution case in its true perspective and as such there has been gross failure of justice because of the fact the impugned judgment going against the evidence on record which has se......tigation P.W.10 the Investigation Officer submitted charge sheet on 22.01.1992 in which also P.O. has been specified and declared to be the said house No. 101/1 and no other place. So in all these documents, the first information report dying statement and the charge sheet the P.O. and manner of..Category: Criminal Law | Date: | Hits: 25
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... Nuruzzaman as P.W 5 deposed that on completion of the investigation he found a prima facie case and accordingly submitted charge sheet against the accused petitioners and he produced the relevant documents as per requirement of law, which were marked as exhibits. The High Court Division on peru..Category: Criminal Law | Date: | Hits: 29
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....defendant No.1. The said Court on overall consideration of the facts and circumstances of the case and the submissions made by the Respondent's Advocate arrived at the finding that for the sake of justice defendants should be given opportunity to-contest the suit and thereupon set aside the......le the photocopy of the certified copy of the deed of gift and we are of the view trial Court also was in serious error in making the same as Exhibit. The law does not permit to file photocopy of a document without placing the original document before the Court and that too upon obtaining leave ..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......ent was without lawful authority on an assumption that it was an order of compulsory retirement under the Public Servant Retirement Act, 1974 although nowhere in the impugned order or any other document or record was it stated that it was an order of retirement under Section 9 of the Public ..Category: Property Law | Date: | Hits: 32
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. ......ch the evidence of the D.W.1 in that respect is not acceptable under the law, that D.W.1 did not substantiate his evidence that part of the land in suit is in the bed of the river referring to any document, that defendants failed to prove that part of the land still is diluvial land and that the..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 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. ......lacing reliance on the Ext. B and B (8) i.e. kabalas by Kuran Mondal's son Taresh Haider selling the rent receiving interest on 15.2.1943 and 28.4.1943 infavour of one Maniruddin held that those 2 documents 'are sufficient' to prove the surrender of the suit land by Jairuddin to Kuran Mondal. Th..Category: Property Law | Date: | Hits: 35
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....t "the petitioner has acquired a legal right and equal protection of law and as such the respondents are estopped from claiming proportionate value and the same is against principle of natural justice" as there is no question of acquiring vested right in th......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....he Administrative Tribunal and therefore the suit is impliedly barred under section 9 of the Code of Civil Procedure. The trial court upon taking a lenient view of the matter and in the interest of justice decided that to enable the respondents to obtain relief in the Administrative Tribunal the...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....elling his appointment as Economic Counselor in Bangladesh Embassy at Stockholm in Sweden alleging that the order of cancellation was malafide and arbitrary and opposed to the principle of natural justice. 3. Facts, in short, are that respondent belongs to B.C.S. (Audit and Account) Cadr......ice of the respondent and he was asked to submit papers to substantiate his claim that he has divorced his first wife Hasna Pervin and that married Dr. Jhunu Shamsun Nahar but he did not place any document in support of the claim. This being the position the AAT was totally in error in holding t..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....nd circumstances of the case i.e., the promissory estoppel and since the Government has taken a decision that the suit land would be sold to the plaintiff on a price fixed by it, equity and natural justice, as well demands that the plaintiff is not deprived of the suit property and that the Gover......Dhaka in Title Suit No. 68 of 1985. 2. The predecessors of the respondents as the plaintiff filed the suit for decree, inter alia, that the defendants were legally bound to execute necessary documents relating to the suit property in favour of the plaintiff after accepting the price fixed ..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. ......n in the agreement of exchange. The defendant Nos.1-4 did not perform their part of the contract by executing a deed of exchange. In the meantime the other defendants have created false documents in respect of the ‘Kha’ schedule properties and dispossessed the plaintiff t..Category: Property Law | Date: | Hits: 32
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....e parties can hardly be addressed in its correct perspective and in the absence of relaying the land in suit with reference to the map so filed by the Railway there is likelihood of miscarriage of justice. 12. In that view of the matter we are of the view that the case should go back to t......ry 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 went on appeal. The appella..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. ......on of the suit land. 4. Leave was 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 defen..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....e further submits that the suit itself instituted by the plaintiff respondents is not maintainable and as such the impugned judgment and order of the High Court division caused serious miscarriage of justice. The learned Deputy Attorney General referring to the decision in the case of Abdul Kader Mo......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....r was recommended by the Chairman of the Department of Law. The writ-petitioner having not heard anything from the authority of the Rajshahi University (the University) he served a notice demanding justice (on 16.2.2002) by way of re-examination of his answer script in the administrative Law (13t......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....s and shouldered the same on Allah. This sort of disposal of criminal appeal is quite unknown to our criminal jurisprudence and we, therefore, disprove this unwarranted method of administration of justice…………………..(40) Lawyers Involved: ......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. ..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......udgment of the High Court Division. It appears that admittedly the certified copy of deed in question was produced before Settlement Officer but when there is an allegation of forgery, whether the document in question was forged or not can not be determined when the original is not filed and in ..Category: Criminal Law | Date: | Hits: 37
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....ereafter the same was made final inasmuch as they have got the shares in the land under partition. As the petitioners challenging the said decree instituted Title Suit No.483 of 1979 so for ends of justice the further proceedings of the execution case is liable to be stayed. He further submits t......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
....edients of Section 526(4)(d) and (e) of the Code of Criminal Procedure in its proper perspective so far it relates to general convenience of parties or witnesses or expedience for the ends of justice and thus fell into error in transferring the case from Barisal Druta Bichar Tribunal to Khu...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
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