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Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
....ng the ground that the result-sheets submitted by the Presiding-officers were unauthorised documents containing interpolations, etc. The learned Judges of the High Court Division, after hearing the parties, made the Rule absolute in respect of one Centre and discharged the Rule in respect of t...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..Category: Election Law | Date: | Hits: 152
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....he plaintiffs. Defendant No.1 appeared in the suit and filed written objection against the prayer for temporary injunction of the plaintiff on 15.02.2003 and the trial court after hearing the parties vacated the order of ad-interim injunction. Being aggrieved the plaintiff petitioners ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....er father and started a criminal case against the defendant No.4 and some others and they were convicted, but were acquitted by the appellate Court and at that stage trouble arose between the parties over the possession of the land of schedule 'Ka' 'Kha', and 'Ga', that at the instance......n of rent decree and the land of 'Ka' schedule was purchased by Khatemon, wife of Tofazzal on May 14, 1946 and since the purchase Khatemon, plaintiff No.2 is possessing the land of 'Ka' schedule on payment of rent, that land of 'Kha' and 'Ga' schedule of mouza Sandalpur belonged to Izzatullah Ch......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
.... America and that thereafter he did not keep any connection with Sharmin Hasnat Nelly and in the month of November 2001 it was circulated in the media that aforesaid Sharimin Hasnat Nelly participated in the blue-film and the said blue-film was also circulated in the web site and on que......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ......t has been examined under section 342 of the Code of Criminal Procedure in a lump and further nowhere in the deposition it has been stated that the accused respondent caused the injury for the non-payment of dowry and the incriminating evidence of the P.Ws. has not been drawn to his notice which......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......mount of money, on the basis of preliminary assessment, was paid to the petitioner which her received on protest; thereafter the petitioner made repeated representations to the respondents for payment of compensation after finalizing the process of acquisition by way of publishing it in the ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
.... Amirul Kabir Chowdhury, J.- The delay is condoned. Falzul Kader Chowdhury Second party in a proceeding under section 145 of the Code of Criminal Procedure being petitioner prefers ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
....ved: "The evidence as adduced by both the prosecution and the defence is enough to show that the victim girl P.W. 2 willingly went with the accused appellant as a consenting party and that is why there was no hue and cry, no resistance put up by the victim girl and t...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
....ourt Division dated 27.11.2002 was received by the Tribunal on 06.03.2003 and on 09.06,2003 two witnesses were produced by the prosecution out of whom P.W.1 the informant has been examined in part and on 24.08.2002 four witnesses were produced by the prosecution and cross-examination of P.W...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... order dated 4.6.1996 passed by a learned Single Judge of the High Court Division in Civil Revision No. 3283 of 1991 (Dhaka) / (Civil Revision No. 128 of 1990 (Barisal) making the Rule absolute in part, thereby setting aside the judgment and decree dated 9.9.1990 passed by the Subordinate Judge,...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....ey order form by which he sent rent for 3 months (November and December, 1981 and January, 1982) on 20-1-82 to the plaintiff-respondent, as also a Memo, dated 24-4-82 from the Post and Telegraph Department stating that the money order could not be delivered owing to the addressee's refusal to ac......er the name and style of M/S. Cafe-Corner in a shop room on the ground floor of 21, Motijheel Commercial Area, Dhaka under the plaintiff at a rental of Tk. 300/- per month. He is a defaulter in the payment of monthly rent from November, 1981 and inspite of repeated requests and demands made by th......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....ten. It may further be mentioned at places documents have been torn up and thereupon the same has been pasted. We have already mentioned the finding of the appellate Court as regard the documents particularly Ext.1 and Exts.2-2(b) On our scrutiny of the documents we are of the view the lower app......ng wife plaintiff No. 9, three sons, plaintiff Nos.10-12 and two daughters, plaintiff Nos.13 and 14. It is the case of the plaintiffs that they are in possession of the land for more than 12 years on payment of rent and that during the last survey the land in suit instead of being recorded in the na...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....3. The suit was filed stating, inter alia, that the land in suit was owned by plaintiffs father Osman Khan who died leaving two sons, one of whom is the plaintiff and a daughter, that upon amicable partition amongst the heirs of Osman Khan plaintiff got the land in suit and possessing the same, ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
.... all acted judicially in setting aside the appellate judgment and decree in favour of the defendants upon relying on a totally extraneous matter unrelated to the contending issues between the parties. After hearing the parties, we have found with regret that the matter has been dealt w......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......(BPUS) otherwise called Integrated Rural Development Board (IRDB) now Bangladesh Rural Development Board (BRDB) in 1973; that he had to his credit commendable service records; that his wife took a loan of Tk.72,000/- from the Sonali Bank, Savar Branch as per decision of the concerned authority a..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....eged forfeiture of the share of petitioner No. 2 as alleged by the respondent Nos.1 and 4. The petitioner in Civil Petition No. 163 of 2004 impugned the said impugned order allowing the petition in part directing respondent company to rectify register of share showing respondent Nos.1 therein as s......No.1 vide letters Nos. JBL/F-T/2001/131 and JBL/F-T/2001/133 both dated 17.06.2001 requested the Exim Bank for transfer of the fund in the account of respondent No.1. The Exim Bank without making any payment of the share money under cover of their letter No. EXM/MJ/FDR/0219/2001 dated 19.06.2001 for......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....als by leave are directed against the common judgment and order dated 20.04.2003 passed by a Division Bench of the High Court Division in Writ Petition Nos. 6140 of 2000 making the rule absolute in part and discharging the Rule in Writ Petition No.5350 of 2000. 2. In Writ Petition No. 6140 of......aining to C.S. Plot No.177 of C.S. Khatian No.49 S.A. Plot No. 286/310 under S. A. Khatian No.165(Sabek) and 137(hal) of Mouza Begunbari, P.S. Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes but they were dispossessed therefrom illegally by 'Mastans' on 16.10.200......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
....ssionate view has been taken in this case because the money which was allegedly misappropriated had already been returned. He submits that the accused appellants have in the meantime suffered part of their sentence and are at present on bail by order of this court. He submits that in the ci...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....in Sheikh preferred this appeal against the judgment and order dated 24.04.2000 passed by a Single Bench of the High Court Division in Criminal Revision No. 667 of 1997 making the rule absolute in part maintaining conviction of the appellant under sections 467/468/109 of the Penal Code but modif......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......stant cheque with dishonest and fraudulent intention to cheat and to misappropriate the amount. The High Court Division, after hearing, made the Rule absolute along with the finding that the word, "payment stopped by the drawer" does not come within the scope of section 138 of the Negotiable Instr......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... from the R.S. record claiming that the said R.S. record is wrong which being allowed by the learned Munsif the plaintiff preferred Miscellaneous Appeal No.9 of 1972 which on contest was allowed in part because of misconstruction of law and fact and being emboldened by those judgments, the respo......passed in Miscellaneous Case No.873 of 1969 under section 143A of the State Acquisition and Tenancy Act and the order passed in Miscellaneous Case No. 9 of 1972 and the rent receipts showing payment of the rents to the Government are not documents of title, The defendant Nos.1 to 6 then p...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
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