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Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....d. Abdul Awal, this petition for Leave to Appeal is directed against the judgment and order dated 27-8-2005 passed by the High Court Division in Criminal Revision No. 1373 of 2003 making the Rule absolute directing the learned Magistrate for starting proceeding against the petitioner and the prose......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......t the accused under sections 406/407/408 of the Penal Code on 21-4-1998. 3. The learned Magistrate issued process against the accused under sections 406/407/408 of the Penal Code and proceeded for trial but the accused did not receive any process from the trial Court. 4. The trial Court ......zzaman, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 passed by the High Court Division in Criminal Revision No.1373..Category: Criminal Law | Date: | Hits: 65
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....rt under Regulation No. 11 of Martial Law Regulation No. 1 of 1992 for allegedly taking a bribe of TK. 25/- from a party, convicted there under on 14.11.1982 and sentenced to suffer rigorous imprisonment for six months and a fine of TK. 500/- in default to R.I. for two months more. The Zonal Mar......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......irement was legally passed and confirmed in appeal because of the respondent's conviction on a criminal charge in a Martial Law Court. 5. It appears that the decision in the matter at both the trial and the appellate stage turned on the question as to whether the conviction of the respondent ......vocate-on-Record - For the Appellant. Kazi Shahadat hossain, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record – For the Respondent. Civil Appeal No. 16 of 1994. (From the Judgment and Order dated 15th November 1993 passed by Administrative Appellate Tribunal No. 33 of 1993). J..Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
....officio Special Judge, Bakergonj. The learned Special Judge convicted him under section 409 of the Penal code read with section 5(2) of Act II of 1947 and sentenced him to suffer rigorous imprisonment for 5 years and to pay a fine of Tk. 60,000/- by his judgment and order dated 28 July 1979.......re good and sufficient for imposing any of these penalties, that authority can pass such an order. If, however, the competent authority considers that a lesser penalty or no penalty at all is called for in the circumstances of the case, there is no bar to that authority taking a decision ac...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......t ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Agricultural Development Corporation and others……..Appellant Vs. Abdur Razzaque………&hell..Category: Employment/Service Law | Date: | Hits: 97
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....ng an area of 8.24 acres appertaining to khatian No.306 of mouza Dakshin Chandpur, P.S. Damurhuda. 3. The suit plot originally belonged to Lalit Mohan who at his death was survived by his 3 sons - Santosh Kumar, Nripendra Kumar and Birendra Kumar. The plaintiffs claimed that one Banamali ......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......ve by the plaintiffs is directed against the judgment and decree dated 20 March 1988 passed by a Single bench of the High Court Division in Second Appeal No.1077 of 1966 reversing those of the trial Court and the first appellate Court in a suit for declaration of title and recovery of k...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respon..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ollowing leave, by the plaintiff-appellant, is from the judgment and order passed on August 10,1994 by a Single Bench of the High Court Division in Civil Revision No.1710 of 1992, making the Rule absolute and setting aside thereby the judgment and order passed on May 18,1992 by the learned Additi......rder of transfer of the suit having not been communicated to the plaintiff, they had no knowledge of such transfer as a result the plaintiff failed to take proper step in the suit when it was called on for hearing resulting its dismissal for default. 4. The respondents contested the ......e High Court Division under section 115 C.P.C and obtained a Rule, which has been made absolute by the impugned judgment and order holding inter alia, that the plaintiff could not prove before the trial Court that they had no knowledge of the transfer of the suit to the Court of Additional Assis...... Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case Re..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
.... Suit No. 163 of 1981 in part. 2. The patent facts are that the suit homestead with its adjuncts and adjoining thank, ditch etc. originally belonged to Kailash Dey. Kailash was survived by his two sons Krishna Chandra and Kshetra Mohan. Krishna Chandra at his death left behind his three sons, pla......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......fence case was that the deeds assailed by the plaintiff were not colourable deeds but genuine deeds. 4. On consideration of the facts and circumstances of the case and the evidence on record the trial court dismissed the suit. The unsuccessful plaintiff then took an appeal there form to the Hig....... ..Category: Property Law | Date: | Hits: 66
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....its affairs under Article 102 of the Constitution. 4. The learned Judges of the High Court Division by the impugned judgment and order held that since the Managing Committee of the appellant-society was an Ad hoc Committee, appointed by the Registrar of the Co-Operative Society in ex......ourt Division, in Writ Petition No. 683 of 1989). Judgment Mohammad Abdur Rouf J.– The appellant, Bangladesh Co-Operative Insurance Limited, briefly "the Society", has called in question by leave the judgment and order of a Division Bench of the High Court Divis......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Co-Operative Insurance Limited and others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Res..Category: Others | Date: | Hits: 224
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....ment Latifur Rahman J.- This appeal by the pre-emptor-appellant is against the judgment and order dated 17.2.92 passed by a learned Single Judge of the High Court Division making the Rule absolute in Civil Revision No. 81 of 1987 after setting aside the judgment and order dated 24.4.86 pa......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......;ferred to him by the respondent No. 5 on 18.2.78 on the basis of registered deed of agreement for reconveyance executed 16.5.77 and as such the appellants cannot claimed pre-emption. 4. The trial court dismissed the Miscellaneous Case on the ground of defect of parties, the appellate cour...... in: II ADC (2005) 558. ..Category: Property Law | Date: | Hits: 34
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
.... Shaha Chowdhury a beneficiary preferred Miscellaneous Appeal No.129 of 1981 before the learned District Judge, Rajshahi under section 43 of the aforesaid Ordinance. Abdus Satter Shaha Chowdhury also preferred Miscellaneous Appeal No. 153 of 1981 before the said court. After creation of dis......ted that section 43 of the Ordinance has not given any power to the District Judge to set aside whether appellant was benefited by sufficient cause in appearing before him when the appeal was called on for hearing. It is also contended that from the evidence on record it appeared that the a......after, the petitioner filed an application under section 151 of the Code of Civil procedure for vacating the order dismissing the Miscellaneous Case for default and for restoration of the same. The trial Court allowed the same, against which the High Court Division was moved which set aside the ...... Mahmudul Amin Choudhury J Aminul Haque Shah Chowdhury @ Aminul Shah Chowdhury...................Appellant (In Civil Appeal No. 79 of 1998) Vs. Abdul Wahab Shah Chowdhury and others……..........Respondents (In Civil Appeal No. 79 of 1998) Aminu..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....t No. 399 of 1994). 2. It is agreed by both the plaintiffs and the defendant that Banizan Bibi was the original owner of the land described in schedule 'A' to the plaint comprising of 11 acre. She sold the same to one Sheikh Bishatullah and his brother Sheikh Bagu in 1903. Thereafter the cases of......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......do they have possession therein. Their alleged sale deeds are all forged and not acted upon. His further claim is that the suit is not maintainable and that it is also barred by limitation. 4. The trial court dismissed the suit on the findings inter alia that the plaintiffs had failed to prove th......efined exceptional circumstances, such as non-consideration or misreading of material evidence affecting the merit of the case………………………………(11) Cases Referred to- Banga Chandra Dhur Biswas Vs. Jagat Kishore Acharjya Chowdhuri, ILR 44 Cal.186; Rajammal alias Sundarammal a..Category: Procedural Law | Date: | Hits: 36
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....tional Sessions Judge, Narsingdi in Sessions Case No. 9 of 1997 convicting the petitioner and five others under Section 302/34 of the Penal Code sentencing them there under to suffer rigorous imprisonment for life and to pay a fine of Tk. 10,000.00 each in default to suffer rigorous imprisonment......rtant neutral, independent and disinterested witnesses mentioned in the charge sheet without assigning any cogent reasons. That P.W.s 1, 2, 3, 5, 7 and 8 are eye witnesses of the occurrence. The so-called eye witnesses are interrelated, partisan and interested witnesses and as such, their eviden......ure bestowed a written statement and insisted their innocence and false implication in the case; that on 27.05.1996 at 16:30 hours a seizure list was prepared and the same was exhibited before the trial Court as exhibit-3 dated 18.05.1998 and on perusal of the said seizure list it appears that s......ate Court (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Zakir Hossain and another………….Petitioners Vs. The State..................Category: Criminal Law | Date: | Hits: 47
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... for money and the plaintiff gave her cheque of Tk. 5,000/- on Sonali Bank, Rajendrapur Cantonment Branch, on 26.01.1993 and thereafter, the defendant No.1 coming out of jail on bail requested for some money to the plaintiff on 13.11.1993 and the plaintiff issued a cheque for Tk. 11,000/- on the...... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......ered from the house of Humayun and that the defendant neither received Tk. 3,80,000/- as earnest money as claimed nor did enter into any contract for sale of the suit property to the plaintiff. The trial Court framed 5 issues namely, 1. Is the suit maintainable in its present form......ohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15, 2009. Cases Referred To- ..Category: Property Law | Date: | Hits: 34
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... of the deceased A.B.M. Mamunur Rashid alias Mamun lodged the First Information Report(F.I.R.) on 22.12.1987 with Naogaon police station alleging that on 22.12.1987 at about 10.45 a.m. when his two sons A.B.M. Harunur Rashid and A.B.M. Mamunur Rashid alias Mamun along with their friends Hasanuzz...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......pital but on the way he succumbed to his injuries and thereafter the informant having learnt about the occurrence lodged the F.I.R. 3. The accused respondent and others were placed on trial before the learned Sessions Judge, Naogaon who found the accused respondent and other accused......lip;….. Respondent. Judgment March 16, 2009. Cases Referred to- Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47; Mesanur Rahman and others Vs. The State, 16 BLD (AD) 293; State Vs. Monu Miah and others, 54 DLR (AD) 60. ..Category: Criminal Law | Date: | Hits: 58
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....min CJ.- The instant appeal, by leave, is directed against the judgment and order dated 10th December, 1996 passed by the High Court Division in Writ Petition No. 1506 of 1989 making the Rule absolute. 2. Short facts are that the writ-petitioner-respondents was the owner of the house known ...... years back and the house being in dilapidated condition, it being absolutely unsafe and risky for use of office accommodation, the renovation of the building was urgently felt and as such tender was called for. 5. Leave was granted to consider the submissions that the property in question havin......rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......nbsp; ..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....rs of the date of hearing of the suit, as a result the suit was decreed ex parte and thereby the Government have been seriously prejudiced. 6. The respondent No. 1 as defendant No. 1 also contested the suit by filing written statement denying the material allegations made in the......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......pearance in the suit because there was no gazette notification declaring the suit property as a reserved forest. Considering the oral evidence of one P.W. Two D.Ws and the documentary evidence the trial Court decreed the suit. On an appeal, preferred by defendant respondent No. 1, the lower appe......ord - For the Appellant. Syed Badrul Alam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 17 of 1991. (From the Judgment and Decree dated 20 June, 1988 passed by the High Court Division in Appeal From Appellate Decree No..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....Amin J. - This appeal by leave is directed against the judgment and order dated 29.01.2002 passed by a Division Bench of the High Court Division in Civil Revision No. 2951 of 1998 making the Rule absolute. 2. Short facts are the plaintiffs instituted Title Suit No. 285 of 1980 for partitio...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......hich she left 40-45 years ago the alleged service by hanging at the father's address, is not a service as required by order V rule 17 of the Code of Civil Procedure and the next submission that the trial court found that the summons was not duly served upon defendant No. 8, Ful Mehar Bibi fo......reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and others............Category: Property Law | Date: | Hits: 26
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....laint Case No.11 of 1990 in the Labour Court, Khulna under Section 25 (b) thereof stating, inter alia, that till 1985 he had a fair service record. In 1986 his mother died and his younger brother also died in a serious accident. Due to several such family troubles he was attacked with serious dis......ally incapable of doing service and that he had been illegally discharged from service without giving him any opportunity of showing cause before taking the impugned action. 6. The appellant called in question the said judgment of the Labour Court in the aforesaid writ petition under Artic......ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Mohsen Jute Mills Ltd..........Appellant Vs. Chairman, Labour Court, Khulna and another……....Respondents Judgment April 19, 1998. Lawyers I..Category: Employment/Service Law | Date: | Hits: 100
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....93 allowing the appeal and dismissing Title Suit No. 349 of 1987 of the First Court of Subordinate Judge, Dhaka which was filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for compensation. 2. The short fact leading to this appeal is that defendant No. 3 Dhaka Nawab......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......n the daily Ittefaq on 30.6.1987 about installation of self servicing machine on the suit land which prompted the appellant to file the aforesaid suit for ejectment and compensation. 3. Before the trial Court defendant Nos. 1 and 2 entered appearance and filed two separate written statements deny......l) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: ..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....question was held and the order of dismissal was passed by the competent authorities and the Assistant General Manger (Administration) only communicate the different stages of the proceeding and also the order of the dismissal at the instance of the competent authorities. He added that the quest......mely:- (a) The competent authority shall:- (i) frame a charge and specify therein the penalty proposed to be imposed, communicate it to the employee (hereinafter called the accused) together with a statement of the allegations on which it is based and of any ......accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ...... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and others…………...Respondents Judgment July 1, 1997...Category: Employment/Service Law | Date: | Hits: 70
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....e bainapatra that Sarna Kumari would take clearance from Income Tax Authority for transferring the property. In the meantime she died leaving behind defendant No. 2, her mother's sister's son as a sole heir. On refusal of defendant No.2 the aforesaid O.C suit No. 35 of 1969 was ins......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......as a forged and fraudulent one. Their further case was that they were in possession in a part of the property in suit for more than 12 years and acquired title by adverse possession. 5. The trial Court by its judgment and decree dated 31.3.1980 dismissed the suit with the findings that th......malendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and others....................Respondents Judgment May 2, 1999. Lawyers In..Category: Property Law | Date: | Hits: 23
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