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Habibur Rahman Khan (Md) Vs. Bangladesh, represented by the Secretary & other, 2001, 30 CLC (AD)

....iculation Certificate.   5.  The submission for leave has no merit.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 105. ......s also Reported in: 53 DLR (AD) (2001) 105. ......96.   2. The points in issue was whether the petitioner having declared his date of birth to be 21st April 1941 at the time of joining could be changed on the basis of subsequent evidence that he was born on 21st April 1936 and retired accordingly. The petitioner relied on rule..

Category: Employment/Service Law | Date: | Hits: 71

Abdul Mannan Miah Vs. Solaiman Miah (Md), 2001, 30 CLC (AD)

....erlocutory matter.   With this observation this petition is disposed of.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 104. ...... is also Reported in: 53 DLR (AD) (2001) 104. ......bmits that the High Court Division while disposing of the Miscellaneous Appeal which arose out of an interlocutory matter of injunction has practically decided the suit on merit without taking any evidence.   5. Mr. Shafique Ahmed, learned entering caveat, submits that whateve..

Category: Intellectual Property Law | Date: | Hits: 224

Abdul Khaleque Vs. State, 2001, 30 CLC (AD)

....ble doubt at the trial and appeal.   The petition is therefore dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ......ismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 102.   ......f accused petitioner passed by Additional Sessions Judge, 4th Court, Comilla, in Sessions Case No. 77 of 1991 dated 30-1-93.   2. The prosecution case, as can be gathered of the evidence of the PWs, was that on 16-4-90 at the time of Zohr prayer victim Asia returned to her hou..

Category: Criminal Law | Date: | Hits: 67

Mozibur Rahman Moznu (Md) Vs. Abdul Halim and others, 2001, 30 CLC (AD)

....ent and order of the Court Division is set aside and the writ is recalled.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 93. ......ase is also Reported in: 53 DLR (AD) (2001) 93. ......own guidelines by any Court because all the exigencies cannot be conceived humanly nor the vagaries of people contesting the election can be fathomed. In a dispute the issue is to be raised and evidence adduced for adjudication by a competent Tribunal. This function has been given to the Ele..

Category: Election Law | Date: | Hits: 124

Sultana Jute Mills Ltd. Vs. Court of Subordinate Judge and Artha Rin Adalat & others, 2001, 30 CLC (AD)

....fore the trial court with liberty to adduce evidence. With that observation this petition is disposed of on condonation of delay. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 91. ......n this petition is disposed of on condonation of delay. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 91. ...... Respondents Judgment June 3, 2001. Result: The petition is rejected. The Constitution of Bangladesh, 1972, Article 103 The terms and conditions of compromise are the matters of evidence and such matter may be agitated before the trial court for adjudication with liberty to add..

Category: Civil Law | Date: | Hits: 109

Syed Al Nesar Ahmed, MD, United Food Complex Ltd. Vs. Nafisa Choudhury and others, 2001, 30 CLC (AD)

.... interference.   The petition is, therefore, dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 83. ......ase is also Reported in: 53 DLR (AD) (2001) 83. ...... loan agreement. Therefore the respondent No. 3 was found to be the Managing Director of respondent company after the amendment of article 145. The High Court Division also found that there was no evidence that respondent No. 3 relinquished the office of the Managing Director.   ..

Category: Business or Commercial Law | Date: | Hits: 95

Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)

....ence.   There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ......) 82. ......reafter in Title Appeal No. 50 of 1986 the learned Additional District Judge set aside the judgment and decree and sent the case back on remand to the trial Court with a direction for taking fresh evidence in order to prove “Salishnama” which was the basis of the plaintiffs’ cl..

Category: Procedural Law | Date: | Hits: 82

State Vs. Abu Musa @ Musaya @Shapir Bap & ors, 2001, 30 CLC (AD)

....ed persons.   This leave petition is accordingly, dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81.  ...... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 81.  ......n 396   The state did not take any step during the period of about seven years to get the leave petition heard and on this very account the leave petition must be rejected. Upon evidence on record a different conclusion might be arrived at from those upon which the High Court ..

Category: Business or Commercial Law | Date: | Hits: 99

Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)

....he petitioners.   The leave petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 67  ...... Supreme Court   Appellate Division   (Civil)   Present:   Bimalendu Bikash Roy Choudhury J   Mahmudul Amin Choudhury J   Kazi Ebadul Hoque J   Momtazuddin Sarker and......pre emption on the basis of Heba as well as inheritance from Sonavan Bibi High Court Division acted illegally in holding that the pre-emptor is not co sharer by inheritance inasmuch as there is no evidence and finding to that effect. He further submits that the petitioner having been substituted..

Category: Property Law | Date: | Hits: 65

Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)

.... suit.   In the result the appeal is allowed with cost.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 63. ......(2001) 63. .......   8. The SCC Judge and Assistant Judge admittedly found that a relationship of landlord and tenant was established between the appellant and the respondent and on the basis of evidence of the appellant (PW 1) and the documentary evidence also found that the disputed shop roo..

Category: Property Law | Date: | Hits: 69

Abul Khair (Md) Vs. Pubali Bank Ltd and another, 2000, 29 CLC (AD)

....gned judgment and order. The submissions of the learned Advocate do not merit any consideration. The petition is dismissed. Ed. This Case is also Reported in:53 DLR (AD) (2001) 62.   ....... Ed. This Case is also Reported in:53 DLR (AD) (2001) 62.   ......6. Mr. Shafique Ahmed, learned Advocate for the petitioner, submits that the learned Judge of the High Court Division fell in error in rejecting the plaint in that the averments needs to be proved by evidence that no cause of action arises within the meaning of Order 7 rule 11 CPC. He further submit..

Category: Civil Law | Date: | Hits: 105

State Vs. Shahjahan, 2001, 30 CLC (AD)

....ed to interfere with the impugned judgment.   The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......oner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 58. ......that they did not abet the murder of victim by the accused Shahjahan and have been falsely implicated in the case out of previous enmity.   4. Trial Court on consideration of the evidence on record convicted the accused Shahjahan under section 302 of the Penal Code and other ac..

Category: Criminal Law | Date: | Hits: 55

Bangladesh Vs. Amela Khatoon and ors., 2001, 30 CLC (AD)

....pugned judgment.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 55 ...... (2001) 55 ......erty till that date and that the said respondents are owning and possessing the property since that date as purchasers thereof become also highly probable and more so in the absence of any positive evidence suggesting otherwise and held that the finding of the Court of Settlement is illegal havin..

Category: Property Law | Date: | Hits: 69

Rajib Kamrul Hasan and 3 others Vs. State, 2001, 30 CLC (AD)

.... and sentence are maintained. Criminal Appeal No.31 of 1999 is allowed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 50. ......sp; Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 50. ......   The Code of Criminal Procedure, 1898 (V of 1898), Sections 236, 237, 238 & 337   The offence of rape could not be proved but at the same time it is proved on evidence beyond reasonable doubt that the accused- appellants committed immoral act with the woman,..

Category: Criminal Law | Date: | Hits: 72

Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)

....g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48.......48.......und genuine would not have proved the case of the petitioner, the High Court Division committed no error of law by refusing the petitioner to try its luck again on the plea of discovery of additional evidence. Case Referred to- Kessewji Issur vs GIP Ry. Company, 34 IA 115 (PC). Lawyers In..

Category: Property Law | Date: | Hits: 107

Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)

.... plaintiffs.   The petition is dismissed.   Ed.   This Case is also Reported in: 53 DLR (AD) (2001) 45. ......   The Specific Relief Act, 1877 ( I of 1877), Section 22   In a suit for specific performance of contract for sale of immovable property the plaintiff is entitled to delivery of possession and any trespasser in the suit property is liable to b......oduce the probate High Court Division observed “in view of the said facts since this specific assertion was not denied specifically by the defendants either in their written statements or in evidence nor any issue was framed or the contesting defendants raised the same before the trial Cou..

Category: Property Law | Date: | Hits: 64

Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)

....dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ......6, 41, 47 DLR (AD) (1995) 167 ......sent the report and marksheet to the Board for tabulation of the result. When the Head Examiner explained the position it was incumbent upon the petitioners to accept the same in the absence of any evidence of collusion between the respondent and the Head Examiner and in the absence of any eviden..

Category: Constitutional Law | Date: | Hits: 182

Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury and others Vs. Md. Nurul Amin and others, 1995, 24 CLC (AD)

....y comment. The appeal is allowed with cost and the case is sent back to the High Court Division for disposal in accordance with law. Ed. This case is also reported in:47 DLR (AD) (1995) 162. ......with law. Ed. This case is also reported in:47 DLR (AD) (1995) 162. ......aintiff‑ Appellants Vs. Md. Nurul Amin and others...............Defendant‑Respondents Judgment May 23, 1995. Result: The appeal is allowed with cost. If there is misreading of evidence and non‑consideration of some material evidence then it was incumbent on the revisional c..

Category: Property Law | Date: | Hits: 46

Mahmudul Islam Chowdhury Vs. Md. Sultanur Kabir Chowdhury and others, 1995, 24 CLC (AD)

....e matter we do not find any cogent reason to accept the submission of Mr. AR Yousuf. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 161 .............Petitioner Vs. Md. Sultanur Kabir Chowdhury and others............Respondents Judgment May 25th, 1995. Lawyers Involved: AR Yousuf, Senior Advocate instructed by, Mvi. Md. Wahidullah, Advocate‑on ‑Record ‑ For the Petitioner.&nbs......e illegalities or irregularities, cannot be set aside unless it is proved that the result of the election has been materially affected thereby. While the Tribunal placed reliance on circumstantial evidence, namely, the trend of voting in the remaining 72 polling stations, the High Court Division..

Category: Others | Date: | Hits: 119

Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)

....sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ......ivision (Civil) Present: ATM Afzal J   Mustafa Kamal J      Latifur Rahman J Judgment: April 6th, 1995. Superintending Engineer and others....................Appellants      &n......ollows: 7(2). If the accused so desires, or if the authority so directs, an inquiry officer or a Board of Inquiry, to be appointed under rule 10, shall hold an inquiry at which oral evidence shall be heard as to such of the allegations as are not admitted and documentary evidence..

Category: Property Law | Date: | Hits: 124