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Forkan alias Farhad and and another Vs. State, 1995, 24 CLC (AD)
....Penal Code against the appellants have been proved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......ved beyond the shadow of reasonable doubt. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 149. ......gh Court Division affirmed the order of conviction and sentence. 5. Leave was granted to consider whether the learned Judges of the High Court Division failed to correctly scrutinize the material evidence of P.W.s 1, 2, 3 and 4 and also failed to consider that the names of the appellants were no..Category: Criminal Law | Date: | Hits: 49
Director (Est. & Admin.) T & T Board, Tele Com Building Vs. Hasan Ahmed & anr, 1995, 24 CLC (AD)
....jurisdiction in setting aside the findings of the Tribunal. 13. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 143 ......995) 143 ......o examined by the enquiry officer and he was present before the enquiry officer for the enquiry. 5. The Administrative Tribunal considered the report of the enquiry officer along with other evidence and held that the respondent No. 1 admitted the first charge leveled against him and excep..Category: Administrative Law | Date: | Hits: 138
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
....r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ........Respondent Judgment March 21, 1995. Lawyers Involved: Abul Quasem, Advocate‑on‑Record ‑ For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For the Respondent. Civ......erse possession. 5. In revision, the learned Judge of the High Court Division observed that the plaintiff had not made out any case of adverse possession either in the plaint or even by any evidence on record. The learned Judge concluded that the appellate Court had committed an error of ..Category: Property Law | Date: | Hits: 47
Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ......ration....................Appellant Vs. Sanjib Kumar Das & another...................Respondent Judgment February 23rd, 1995 Cases Referred to- Roul Colinvaux in The Law of Insurance, 3rd Edition, 1970 at page 25; Black's Law Dictionary, 4th Edition, ......, Allotment Committee PLD 1987 (SC) 145 as under: "A solemn decision upon a point of law arising in any given case becomes an authority in a like case, because it is the highest evidence which we can have of the law applicable to the subject, and the Judges are bound to follo..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Munern Chowdhury @ Momen Vs. State, 1995, 24 CLC (AD)
..... 5. There is thus absolutely no reason to interfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......rfere in this matter. The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 96 ......e could not rely upon the documents produced by the petitioner. 4. The High Court Division in rejecting the revisional application summarily observed that the trial Court considered all the evidence that were before it and was not in a position to hold that the petitioner was a child on t..Category: Criminal Law | Date: | Hits: 66
Zahiruddin son of Abdu Hye Vs. State, 1995, 24 CLC (AD)
....prisonment. The appeal is allowed. The sentence of death imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......th imposed on the appellant is commuted to one of life imprisonment. Ed. This case is also reported in: 47 DLR (AD) (1995) 92 ......fled away from the house with her Lalto bhai, one Siraj, who might have committed the murder. 6. The order of conviction rests upon the confession made by the accused and the circumstantial evidence, such as, recoveries made at his instance. The confession was no doubt retracted at a late..Category: Criminal Law | Date: | Hits: 73
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
....ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ...... The 1st Court of Settlement and others............Respondents [In Civil Appeal No. 49 of 1994] Judgment February 22, 1995. Lawyers Involved: MI Farooqui Advocate, instructed by MG Bhuiyan, Advocate‑on‑Record‑ For the Appellant (In Civil Appeal ...... building by the Government or by any officer or authority subordinate to it to any person. (2) The lists published under sub‑section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in..Category: Property Law | Date: | Hits: 86
Bangladesh Parjatan Corporation, Dhaka Vs. AKM Abul Kalam, 1995, 24 CLC (AD)
....nce with the Rules we uphold the ultimate order of the High Court Division. The appeal is dismissed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 67 ......Abul Kalam.............................................Respondent Judgment August 18th, 1994, Lawyers Involved: Md. Abu Tarique, Advocate instructed by Sharifuddin Chaklader, Advocate- on- Record -For the Appellant. A Rab Chowdhu...... ingredients of any dishonesty, corruption or misconduct and that there was no enquiry and the respondent was not given any opportunity of cross‑examining prosecution witnesses or adduce evidence in support of his defence and that he was not given a copy of the enquiry report for the ..Category: Employment/Service Law | Date: | Hits: 134
Bangladesh Vs. Dr. Dhiman Chowdhury and others, 1993, 22 CLC (AD)
.... Accordingly, the appeal is allowed and the impugned judgment of the High Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......igh Court Division set aside. There will be no order as to cost. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 52 ......vernment had been ‘satisfied' that with a view to preventing the person from acting in a certain manner certain action was necessary, are not correct. If in any case a detenu can produce admissible evidence to the effect that the recitals in the order are not correct, the mere existence of the rec..Category: Constitutional Law | Date: | Hits: 185
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ......out, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ...... an agreement for sale about which he did not know anything till he received a copy of the plaint of the suit along with a notice. 5. The learned Subordinate Judge, on consideration of the evidence, oral and documentary, rejected the appellant's pleas and held the agreement (Ext. 2) to b..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ...... Vs. Abdul Awal Mia and others.....................................................Respondents Judgment June 15th, 1994. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate (Mahabubey Alam, Advocate with him) instructed by Md. Sajjadul Huq, Advoc......an explanation was given for non‑production of the original Kabala, the High Court Division ought to have reversed the finding of the Appellate Court that the Ext. A II was not admissible in evidence. The appellant further submits that the appellate Court and the High Court Division did no..Category: Property Law | Date: | Hits: 51
State Vs. MA Malik, 1995, 24 CLC (AD)
....onably or unfairly. There is no compelling reason to interfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......nterfere with the impugned order. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 33 ......ntering into the merits of the case and granting anticipatory bail upon a finding that there are reasonable grounds for believing that the accused is not guilty of the offence which is based on no evidence causing serious prejudice to the prosecution. 9. Secondly, he submits that the resp..Category: Criminal Law | Date: | Hits: 64
Grihayan Limited Vs. Government of Bangladesh, 1994, 23 CLC (AD)
....arned brother ATM Afzal J. Order of the Court By the majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ......on the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ...... respondent No. 1 pass the various impugned orders in Annexure‑H series, making a freelance exercise of excluding some lands from acquisition, then again including it? Is this exercise a conclusive evidence of vesting of property in the Government? The learned Additional Attorney‑General's argum..Category: Property Law | Date: | Hits: 79
Engineer Afsaruddin Ahmed Vs. State, 1995, 24 CLC (AD)
....found to have acted rightly observing that the proceeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ......eeding against him cannot be quashed. In the result, the appeal is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 10 ...... 15 July 1993, discharged the Rule issued earlier on the said revisional application observing that at this stage the question of mala fide intention could not be determined which can be done only on evidence during the trial. 2. Facts of the case are, that the appellant was a member of Parliamen..Category: Criminal Law | Date: | Hits: 76
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ...... Judgment August 14, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Events and developments evolved and transpired after the filing of the suit may be incorporated by way of amendment of the plaint. The plaintiff as the arbiter......o be sold but by collusively changing bainapatra the area to be sold was shown as 1.09 acre. The appellant trespassed into the suit land and the suit was false. 4. In June, 1986 both sides adduced evidence the trial of the suit. But at the time of argument the defendants’ lawyer pointed out tha..Category: Property Law | Date: | Hits: 59
Rahela Khatun Vs. Abul Hassan and others, 1996, 25 CLC (AD)
....sdiction under section 561 A Cr.P.C. For all the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......ll the above reasons the appeal is allowed. The impugned judgment and order are set aside. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 213 ......Sessions Judge, Jessore by judgment and order dated 10-7-89 set aside the order of discharge passed by the learned Magistrate, also giving reasons and opined that the learned Magistrate ought to take evidence of the complainant’s witnesses. 3. Against the said order of the learned Additional S..Category: Criminal Law | Date: | Hits: 85
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ......(1996) 205 ......m whom he subsequently purchased the same by two registered kabalas dated 7 April 1979. 5. The Small Cause Court Judge, on consideration of the facts and circumstances of the case and the material evidence on record, found that the defendant was a tenant under the plaintiff having been inducted i..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
.... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ......ivision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shipping Corporation ……………………….. Appellan......undesirable for his misbehaviour and misdemeanour with the employees of the corporation. 5. The learned Subordinate Judge, on consideration of the facts and circumstances of the case and the evidence on record, came to the findings that the impugned order of termination was malafide as it..Category: Employment/Service Law | Date: | Hits: 77
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......ll not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178.......basis of notices served in the manner on 23-4-73.” Ultimately, it has been held: “Having considered the fact of the case carefully we are clearly of the opinion that there was neither any evidence that public notice was not served nor the decree in T.S. 36/68 could be construed to mean a..Category: Property Law | Date: | Hits: 80
Abdul Mazid Howlader & another Vs. Lahajuddin Howlader & others, 1996, 25 CLC (AD)
....pplication for pre-emption is disallowed. The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 302, 48 DLR (AD) (1996) 160 ......man J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Mazid Howlader and another……………..Pre-emptee-Appellant Vs. Lahajuddin Howlader & others……………………Pre-emptor-...... to avoid limitation and the alleged informer Sekander Ali is the uncle of Lahajuddin Howlader, the pre-emptor, living in the same homestead. 4. During trial besides proving some documentary evidences, 3(three) witnesses were examined by the pre-emptor-respondent and six witnesses were exa..Category: Property Law | Date: | Hits: 60
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