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Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......e appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......eyed the land to his vendor (opposite party No. 2 in the Miscellaneous case) on 1-3-1983. 5. It may be mentioned the Miscellaneous case was filed on 4-5-1981, On detailed discussion of the evidence the trial Court arrived at the finding that after reconveyance the opposite party No. 2 i...Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background 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. ......eal is dismissed. There is no order as to costs. Ed. ......am and colourable transaction and the right of preemption will exist. The transaction i.e. reconveyance, whether is genuine or a sham and colourable one is to be determined in the background of the evidence brought on record by the parties. If the evidence is in the affirmative i.e. right, title ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ...... Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......ct since in Title Suit No. 43 of 1978 identity of the land i.e. land of DS plot No. 7825 and diara plot No. 203/31, was ascertained and found identical. The appellate Court on consideration of the evidence of the plaintiffs held that the plaintiffs failed to prove their possession in the land in..Category: Property Law | Date: | Hits: 51
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed....... Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......wo revisional applications before the High Court Division in Civil Revision Nos. 198 and 199 of 1998 both of which were discharged on the ground that the petitioner could not prove fraud by any legal evidence on record though it sought for a declaration that the ex parte decree was fraudulent, void ..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ......sp; Ed. ...... and they have developed the case land at a cost of Taka 5,000. Accordingly, the pre-emptees prayed for dismissal of the case. 4. The learned Senior Assistant Judge on consideration of the evidence on record found that the pre-emptor is a co-sharer in the case holding and the case is not..Category: Property Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
...., therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......respective costs. Ed. ......zlul Karim learned Counsel appearing on behalf of the respondent No. 1, on the other hand, opposes the appeal submitting, inter alia, that the trial Court considered the facts and circumstances and evidence on record and correctly decided the case and decreed the suit. 12. The lowe..Category: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......rdingly the appeal is allowed. There is no order as to cost. Ed. ......t March 1, 2006. The Code of Civil Procedure 1908 (V of 1908), Section 100 (repealed) If the High Court Division in second Appeal questions the findings of fact supported by evidence, it exceeds its power. Finding of the Appellate Court subordinate to the High Court Divisi..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....ition No. 43 of 1996 making the Rule absolute is hereby set aside and the judgment and order dated 1-5-1995 passed by the Court of Settlement in case No. 869 of 1987 is restored. Ed. ......he Court of Settlement in case No. 869 of 1987 is restored. Ed. ......le 102 The High Court Division in a Writ of Certiorari can only interfere with the findings of fact arrived at by the inferior Tribunal only if it can be shown that the same are based on no evidence or based on non-consideration of material evidence on record. There having been no finding..Category: Property Law | Date: | Hits: 77
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......appeal is dismissed without any order as to costs. Ed. ......ursuance of the alleged deed of agreement of reconveyance with a view to defeating the right of pre-emption of the pre-emptors and that in arriving at the said findings the trial Court believed the evidence of PWs. and disbelieved the evidence of OPWs. upon assigning reasons therefor, but the lo..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ...... Judgment December 12, 2005. Result: The petition is dismissed. The Evidence Act, 1872 (I of 1872), Section 3 The relationship of an witness is by itself no ground to discard his evidence unless such evidence is tainted with marks of falsehood. The occurrence taking place at 3 a..Category: Criminal Law | Date: | Hits: 47
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......, in default, this appeal shall stand dismissed. Ed. ......he appellant. 8. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate opposed the appeal, contending, inter alia, that the trial Court considered the facts and circumstances and evidence on record including written statement of the contesting defendant who contested the suit. ..Category: Property Law | Date: | Hits: 66
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......ind no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged and, in such a case, no question of weighing and appreciating evidence arises. (e) The allegations made against the accused persons do constitute an offence a..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......al by leave when leave was granted to consider the submissions of the learned Deputy Attorney-General as under: "Mr. Shafiuddin, the learned Deputy Attorney-General, submits that in rejecting the evidence of PWs 1, 2, 3 and 4 the High Court Division has violated and trampled on the accepted and ..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ...... appeal is allowed without any order as to costs. Ed. ......ed the goods and the vessel. 4. The writ-petitioner also filed an affidavit-in-reply mostly reiterating the statements made in the writ-petition stating that before the Special Tribunal, no evidence was produced regarding location of arrest of the vessel MV Alba and the revisional authori..Category: Business or Commercial Law | Date: | Hits: 96
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, the trial Court o..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......atan Chandra Sarker and others.................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaint......le was uncalled for in a suit for partition where the plaintiff’s claim of title is to be looked into incidentally. If the precise title to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of ..Category: Property Law | Date: | Hits: 51
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... The criminal petition is dismissed. The Penal Code, 1860 (XLV of 1860), sections 197 & 302 The Code of Criminal Procedure, 1898 (V of 1898), section 197. In view of the fact that the evidence on record leads to the irresistible conclusion that the offence alleged against the petitio..Category: Criminal Law | Date: | Hits: 78
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......terfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......on were genuine having been executed by the complainant and his co-sharers, who had sold the land thereunder to them in pursuance of a Bainapatra executed in the year 1974. On consideration of the evidence including expert opinions the trial Court held the Sale‑Deeds to be forged by or at ..Category: Criminal Law | Date: | Hits: 68
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......s dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......le certificates received in the Sub‑Registry Office were genuine and forwarded from the concerned Munsif Court. 3. The learned Special Judge, however, upon a consideration of the evidence by judgment dated 5.2.87, convicted respondent Nos. 1 and 2 under section 471 Penal Code ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......tion, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......as published without any malice and with no aspersion on the Court. The learned Subordinate Judge himself mentioned Title Suit No. 83 of 1957 and that the judgment in that case was also admitted in evidence. It is asserted that the appellant's observations in the news report do "not go beyo..Category: Criminal Law | Date: | Hits: 141
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