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Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....ed under the impugned order. 7. Mr. Rokanuddin Mahmud, the learned Counsel, appearing for the appellant, placed before us the impugned order of the High Court Division and also other relevant papers connected in the subject matter of the suit. He has firstly contended that the......the impugned order. 7. Mr. Rokanuddin Mahmud, the learned Counsel, appearing for the appellant, placed before us the impugned order of the High Court Division and also other relevant papers connected in the subject matter of the suit. He has firstly contended that the High Co......Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Eastern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. ......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..Category: Others | Date: | Hits: 95
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
.... learned Additional Attorney General appearing for the appellant and Mr. Nawab Ali, the learned Advocate on-Record appearing for the respondent No.1 and perused both the judgments and also the relevant papers. 7. It is an admitted fact that the service record of the respondent No.1 w......dditional Attorney General appearing for the appellant and Mr. Nawab Ali, the learned Advocate on-Record appearing for the respondent No.1 and perused both the judgments and also the relevant papers. 7. It is an admitted fact that the service record of the respondent No.1 was receive......55. ......te-dated seniority to the respondent No.1 is not illegal. In the result the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 555. ..Category: Administrative Law | Date: | Hits: 103
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
..... 4. Mr. Abdul Malek, learned Counsel, in support of the petition has taken us through the impugned judgment and order passed by this court and summits, inter alia, that non-consideration of the relevant evidence by this court in passing the judgment has caused a miscarriage of justice and that......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......Abdul Malek, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Review Petition No. 18 of 2002. (From the Judgment and order dated 27.04.2002 passed this Court in Criminal Petition for leave to Appeal No. 107 of 200......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..Category: Criminal Law | Date: | Hits: 53
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......d Additional Attorney General for the appellants and Mr. A. B. Taz Mohammad, the learned Advocate for the respondent No. 1-2 and perused the judgment of the High Court Division and other connected papers. 6. The learned Additional Attorney General reiterated the submissions made at the ti......ohammad, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No. 89 of 1997. (From the Judgment and Order dated 09.01.1997 passed by the High Court division in Civil Miscellaneous Cases No. 18 of......opened on 28.08.1995 at page 479 having Memo Nos. 4783 to 4791 "(Whatever those unintelligible allegations mean) and thus they have committed the offence of forgery with respect to public documents and in order to suppress the said forgery the appellants and respondent No. 3 in col..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....t;securities' in respect of which a succession certificate can be granted. 19. The Patna High Court was of the view that the learned District Judge was correct. Reading the relevant provisions of the Succession Act especially Sections 370 to 381 there di......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......llip;... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State Bank of India v. Netai Ch. Porel, AI......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..Category: Property Law | Date: | Hits: 39
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......Chandra Guha, the learned Counsel for the appellants and Mr. Abdul Wadud Bhuiyan, the learned Counsel for respondent Nos.1-2 and perused the judgment of the High Court Division and other connected papers. 8. It is undisputed that the suit land originally belonged to Upendra Nath, Cha......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyers......esisted the claim of the plaintiffs on the ground that the pattas executed by them in favour of plaintiffs' predecessor was not followed by any kabuliyat and as such those are forged and fraudulent documents and not acted upon. Hence on the basis of such pattas the plaintiff's or their predecess..Category: Property Law | Date: | Hits: 82
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......rd Mr. AJ Mohammad Ali, the learned Counsel for the appellants and Mr. Mahbubey Alam, the learned Counsel for the respondents and perused the judgment of the High Court Division and other connected papers. 8. It is undisputed that plaintiff Nos. 1 and 2 and their father purchased the dispu......nior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2. No represented-Respondent No. 3. Civil Appeal No.190 of 2002. (From the judgment and order dated 13.12.2000 passed by the High Court Division in Civil Revision No. 4348 of 1999) ......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..Category: Property Law | Date: | Hits: 23
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
.... High Court Division dismissed the Election Petition by the impugned judgment. 7. Before, we consider and appreciate the submissions of the learned Counsels, it is necessary to set out the relevant provision of Article 107 of the Constitution of the People's Republic of Bangladesh, the N......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ...... Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahamed J Giasuddin Quader Chowdhury..........................Appellant Vs. ABM Fazle Karim Chowdhury and others .........Respondents Judgment August 21, 2002. Cases Referred To-......Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....lowing the Title Appeal No. 284 of 1990 and reversing those of dated 20.10.1990 passed by the learned Assistant Judge, Sadar Comilla in Title Suit No. 448 of 1987 decreeing the same. 2. The relevant facts, in brief, are that Debendra Chandra Sharma father of the present respondents instit...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......s also Reported in: 1 ADC (2004) 462. ......sideration of evidence on record particularly considering the evidence of the scribe and the attesting witnesses namely D.Ws 2-4 of the impugned documents, arrived at a finding that those documents are genuine having been executed by Debendra Chandra Sharma himself on receipt of consid..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....The allegation of abetting the alleged offence of causing grievous hurt to the informant took place in Dhaka and it was not the informant's case that the appellant was present in Dhaka at the relevant time of the alleged offence and therefore, that it was not the case of the informant that ......b Hossain, the learned Counsel for the appellant and Mr. Md. Sajjadul Huq, learned Advocate-on-Record for the respondent No.2 and perused the judgment of the High Court Division and other connected papers. 5. The point for consideration is whether the trial court was justified in framing ......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anowara Begum ………………...Appellant Vs. The State and another .............Respondents Judgment March 7, 2004. Lawyers Involved......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ..Category: Criminal Law | Date: | Hits: 64
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....h pre emption is claimed can not be gone into and determine in proceeding for pre-emption. But if the pre-emption is sought to be registered on the ground that no transfer took place under the relevant kabala, in that vendor did not part with his possession but simply made a show of transfer......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ...... Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Mosharraf Hossain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..Category: Property Law | Date: | Hits: 44
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....der vide serial no. 7479 dated 4.3.1996 and the same was kept with the record. 6. The appellant has further asserted that the learned Advocate for the appellant missed the cause list of the relevant date and as such no steps could be taken by him as a result of which the rule was discharg......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Administrator, Gammon Bangladesh Ltd...........................Appellant. Vs. Tota Mia and others ...........Respondents. Judgment November 24, 2002. Lawyers Invol......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ..Category: Procedural Law | Date: | Hits: 94
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......h is contrary to law." 7. Mr. Rafique-ul-Huq, the learned Advocate submits that the plaintiff did not make any payment at all for the goods in question. The plaintiff in fact, did not file any papers to show that he had paid for the goods in question. The learned Advocate submits that the L......vocate (Kamrul Huda, Advocate with him) Instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the appellant. Not represented- the Respondent. Civil Appeal No. 01 of 1998 (From Judgment and order dated 4.9.1994 passed by the High Court division in First Appeal No. 68 of 1998). Judg......udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......aintiff's claim is that he took oral settlement of the suit land from Monindra but the plaintiff has failed to adduce any paper with regard to the settlement although he has stated that he lost the papers during the liberation war. The basis of alleged oral settlement has not been substantiated ...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Khondoker Mobarak Ali.............................Appellant Vs. Jahanara Begum and others......................Respondents Judgment February 9, 2003. Case ......ht and then the landlord Ambika legally made the suit land khas, and his son Monindra settled the suit land orally to the plaintiff after the death of Ambika. The appellate court has relied on two documents, namely, a certificate from the local Chairman marked Ext. X and the voter list of the lo..Category: Property Law | Date: | Hits: 26
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......It may be mentioned the defendant Nos.3 and 4 being the allottee acknowledged the receipt of the Demand Draft and gave an undertaking to deposit in the bank letter of allotment and other connected papers. It appears that the said papers were deposited with the Bank along with a letter of au......min J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank……………………Appellant Vs. Md. Sirajul Hoque Chowdhury and others...........Respondent Judgment June 28, 2004. Cases Referred T...... by its sanction letter dated 16.7.1995 allowed loan of Tk. 5,00,000/- by way of Cash credit (hypothecation) and Tk. 30,00,000/- by way of Cash Credit (pledge) and the loanees executed charge documents in favour of the Bank, that proprietors (defendant Nos. 3 and 4) of M/S Chowdhury Tr..Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....First Information Report he showed recovery of only two bales and misappropriated the remaining. The occurrence took place with in Dhaka metropolitan are where the respondent was posted at the relevant time. On receipt of the First Information Report from the respondent Dhanmondi PS Case No.......late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Appellants (In Civil Appeal No. 60 of 1997) Vs. Md. Anwarul Is......late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....he plaintiff is required to come with clean hands to get the discretionary relief. The High Court Division further held that in the present case when insertion of both Bengali and English dates in relevant portion of the bainapatra by different ink and hand has been made and there are overwritin......l-Huq, the learned counsel for the appellant and Mr. Abdul Wadud Bhuiyan, the learned Counsel for the respondent Nos. 1 and 2 and perused the judgment of the High Court Division and other connected papers. 7. Mr. Huq mainly argued that insertion of the Bengali word 'Bhadra' and the English......enior Advocate instructed by Ataur Rahman Khan, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No.168 of 2000 (From the judgment and order dated 16.01.2000 passed by the High Court Division in Civil Revision No. 645 of 1987). ......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..Category: Property Law | Date: | Hits: 31
Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)
..... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ...... 3. On completion of investigation prosecution report was filed against the petitioners under the provision of Customs Act as well as under the provision of Special Powers Act. In due course papers were sent to Special Tribunal. On Conclusion of trial the petitioners were convicted and sen......in: 1 ADC (2004) 369. ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ..Category: Criminal Law | Date: | Hits: 61
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ....../302/34/109 and 120A of the Penal Code and also under Sections 3, 4 and 6 of the Explosive Substances Act, 1908 in the aforesaid cases. 7. The appellant having found his name in the newspapers, surrendered before the High Court Division and was granted anticipatory bail and thereafter......ouf, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 37-38 of 2001. (From the judgment and order dated 14th August, 2000 passed by the High Court Division in Criminal Revision No. 791 of......sheet, there is no other material produced before us including the statements of witnesses recorded under Section 161 or 164 of the Code which were presumably before the trial Court being the documents sent with the record on perusal of which the said court passed the impugned order. In the..Category: Criminal Law | Date: | Hits: 47
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......4) 326. ......ed or discarded Ext.1 and Ext. 1 (ka) as well as Ext. 5 to 5 (ga) (plaintiff's kabalas) committed gross error in not declaring the title of the plaintiffs to the extent of the land covered by those documents if not in respect of 'gunjaish'. 8. Plaintiffs filed the suit seeking declaration ..Category: Property Law | Date: | Hits: 24
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