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Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
.... has become inconsistent. (2) Whether there were materials with the Government justifying the detention and its repeated extensions, and whether the learned Judges of the High Court Division were right in relying upon the opinion of the Advisory Board for the continued detention of the deten......hallenged his detention by a writ petition under Article 102 of the Constitution. The Deputy Commissioner of Pabna by his order dated 22-4-74, under section 3 of the Special Powers Act detained him for a period of thirty days and thereafter the Government on 24-5-74, passed under clause (a) of sec......gal, AIR 1970 (SC) 1226; Kazi Mohiuddin Vs. Government of East Pakistan, 1965 PLD Dacca 514; N. Ranjan Singh Vs. State of Bengal AIR, 1952 (SC) 106; Sharfuddin Ahmed Vs. Secretary, Ministry of Home Affairs, (1975) 27 DLR 658; Liversidge Vs. Anderson, 1942 AC 206; Emperor Vs. Shibrath Banerjee, AIR 1......, before making an order of detention, a “reasonable cause to believe" that such detention was necessary. Lord Atkin, however, in his dissenting speech, observed that every imprisonment without trial and conviction was prima facie unlawful and that the burden was upon the detaining authority t..Category: Constitutional Law | Date: | Hits: 408
Moyezuddin and another Vs. State, 1977, 6 CLC (AD)
.... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ...... the Penal Code, and were convicted by a First Class Magistrate, Pabna, and sentenced to two years' rigorous imprisonment each and to pay a fine of Rs. 1000 in default to suffer rigorous imprisonment for six months more. An appeal before the Sessions Judge was dismissed after hearing. A revision w...... The appeal is dismissed. The appellants are directed to surrender to their bail bonds and serve out the remainder of the sentences. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 37. ......lied upon and that the confession of co-accused Alo could not be used against the Appellants as it is without independent corroboration. 2. The Appellants along with two other accused were put on trial to answer a charge of an offence under section 326-34 of the Penal Code, and were convicted by..Category: Criminal Law | Date: | Hits: 41
Enamul Huq and another Vs. State, 2006, 35 CLC (AD)
....; The prosecution case is that accused Waliullah caught hold of the deceased and accused Enamul Haq gave sora blow below the chest of the deceased. Accordingly in our view, the High Court Division rightly modified conviction of the accused persons as one under section 302/34 of the Penal Code in...... Md. Zahangir, Advocate-on Record- For the Petitioners Not represented- Respondent Criminal Petition for Leave to Appeal No. 200 of 2003. (From the judgment and order dated 19.03.2003 8s 23.03...... 16. In view of the discussion above, we are of view that the High Court Division was well justified in dismissing the appeal. Accordingly, the petition is dismissed. Ed. ...... paternal uncle of the deceased lodged the F.I.R. with Baufal Police Station. 3. Police on completion of investigation, submitted charge sheet against the accused persons. 4. At the trial the accused persons were charged under sections 302/34 of the Penal Code to which they pleade..Category: Criminal Law | Date: | Hits: 43
Md. Mohirruddin Vs. Md. Nazir Hossain Patwary & others, 2006, 35 CLC (AD)
....e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ...... Ali, Advocate-on-Record- For the petitioner Not represented- the Respondent Civil Petition for Leave to Appeal No. 1568 of 2002. (From the judgment and order dated 17.06.2002 passed ......e find that the view taken by the High Court Division is a correct one. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 420. ......s barred by limitation. The pre-emptee farther stated that the requisite deposit along with compensation was not made within time. So the pre-emption case is liable to be dismissed. 5. The trial court upon consideration of the evidence on record found that the pre-emptor is a co-sharer b..Category: Property Law | Date: | Hits: 35
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....djudication of the suit, the High Court Division failed to consider that the petitioner being in possession was a necessary party for effective adjudication although it has not ripened into a legal right and the High Court Division did not consider the relevant papers filed in the Court below whi......Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not represented- For Respondents Judgment 27 June 2004 Civil Petition for Leave to Appeal No. 90 of 2003 (From the judgment and order dated 3rd August 2002 passe...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... 3. Mr. Abdul Quayum, the learned Counsel appearing for the petitioner submitted that the High Court Division wrongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court considering the documents and failed to consider that the petitioner has got an interes..Category: Property Law | Date: | Hits: 24
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not represented- Respondent Criminal Petition for Leave to Appeal No. 198 of 2o04. (From the judgment and order dated 21.03.2004 passed b......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......party. 3. Police on completion of investigation submitted charge sheet under sections 13/14 of the Nari-O-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995(shortly the Ain). 4. During trial charge under sections 13/14 of the Ain, 1995 was framed against the accused Jashim Uddin. Cha..Category: Criminal Law | Date: | Hits: 36
Md. Alimuzzaman Khan Vs. Mohammad Golam Kibria, 2006, 35 CLC (AD)
.... and conditions of service should be given and no such relief has been sought for by the plaintiff. As the witnesses examined by the plaintiff were all interested persons award of compensation has rightly been refused. However, the plaintiff is entitled to the salary towards the unexpired period...... The Contract Act, 1872 (IX of 1872), Section 73 As the plaintiff’s service was not regulated by any legal instrument or by any statutory provision no declaration or enforcement of contract as to the terms and conditions of service should be given and no such relief ......nd illegal activities and created pressure on the plaintiff to regularize the irregularities but the plaintiff did not accept such pressure. As a result some Directors of the Company adopted some unfair practices and ultimately sent a typed proforma of contract on 13,12.1989 for his signature bu......dant company in its meeting held on 07.01.1990 took an unanimous resolution for termination of the service of the plaintiff and accordingly his service was terminated on 08.01.1990. 4. The trial court dismissed the plaintiff’s suit. Being aggrieved the plaintiff preferred the appea..Category: Employment/Service Law | Date: | Hits: 82
Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
.... 1972 praying for partition of ejmali property measuring 5.22 acres of land claiming seven annas share therein stating inter alia that the suit property originally belonged to Suruz Khan in raiyati right and he died in July, 1961 leaving behind his wife Kad Banu (defendant No.2), one son Salim U......ess of the share of his vendor, Defendant No. 1, and his vendor was a party to the partition suit and that suit was decreed allotting saham to the vendor in pursuance of Rafanama filed in the suit for partition. The petitioner being a party to that suit did not contest the same but prayed for Sa......ractised upon the Court by the plaintiff and the defendant No.1; while decreeing the suit the trial court did not hear the defendant No.8-petitioner; partition is to be based on equity, justice and fair play and the Rafanama having been entered into behind the back of the defendant No. 8-petitio......tained behind the knowledge of the defendant No. 8 petitioner; this Rafanama is in fact a fraud practised upon the Court by the plaintiff and the defendant No.1; while decreeing the suit the trial court did not hear the defendant No.8-petitioner; partition is to be based on equity, justice..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......s Involved: Mvi. Md. Wahidullah, Advocate-on-Record- For the petitioners Not represented- the Respondents Civil Petition for Leave to Appeal No.798 of 2003 (From the judgment and order dated 15.04.2003 passed by ......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......n her filed the suit for cancellation of the deed and that the suit was contested by the defendant insisting on the assertion of execution of the deed of heba bil-ewaz by the plaintiff and that the trial court oh consideration of the evidence found the plaintiff to be in possession of the suit p..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....ated 28.11.1981 obtained in Title Suit No. 860 of 1981 was void, collusive and fraudulent and that the plaintiff of the said suit i.e. defendant in the instant suit (Title Suit No. 22 of 1987) had no right, title and interest in the land of the said suit i.e. Title Suit No. 860 of 1981 and the plain......s taken over by the Government by the notification dated 25.3.1953 and 25.12.1953 and later on by notification dated 15.9.1957 made under the Forest Act, 1927 the land in suit was declared reserved forest. Further case of the appellant No.1 was that the land in suit is being possessed by the Gover......unless there was fraud with regard to service which kept the Defendant in ignorance of the suit or unless by putting in a false return the Plaintiff kept the Court in ignorance of the real state of affairs and thus enabled it to pass a decree which otherwise it could not have passed, no suit for set...... pursuant to the decree in the Title Suit No.860 of 1981 the defendant filed Miscellaneous Case No. 46 of 1984 for correction of the record and accordingly record was corrected in his name. 6. The trial Court dismissed the suit on the finding that the Title Suit No.860 of 1981 was decreed upon du..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
.... February 23, 2003. The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Order XXVI, rule 4 Review is not a matter of rehearing the Appeal as appeal is a matter of right but review is not. No new ground has been found and no new material has been placed before t......, 1988, Order XXVI, rule 4 Review is not a matter of rehearing the Appeal as appeal is a matter of right but review is not. No new ground has been found and no new material has been placed before the Court requiring interference. The Petition having not been filed according to rule 4 of O......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......titioner filed Title Appeal No.150 of 1978 and the learned Subordinate Judge, who heard the appeal, allowed the same by judgment and decree dated 26-12-1981 and sent back the case on remand to the trial court for fresh decision. Thereafter, the suit was heard afresh and the learned Munsif upon c..Category: Procedural Law | Date: | Hits: 71
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
.... 5. Mr. MA Rouf, the learned Deputy Attorney-General appearing for the State, on the other hand, contended that the High Court Division considered the facts and circumstances of the case and rightly decided the case and there is no illegality or legal infirmity for interference by this Di......hbubur Rahman, Advocate-on-Record-For the Petitioner. MA Rouf, Deputy Attorney-General, instructed by Md Zahirul Islam, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 83 of 2005. (From the judgment and order dated 12th January, 2005 pa......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......ospital where he had died subsequently. 3. Upon the said first information report, police investigated the case and thereafter, submitted charge-sheet on 8-12-2001 and the case was ready for trial and it was transferred to Divisional Druta Bichar Tribunal, Barisal for trial being Druta Bic..Category: Criminal Law | Date: | Hits: 34
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....etrograde step, but may, in many cases, work to the disability of the lady. The rule is for the protection and should not be so applied as to make it either a disability in the exercise of her full right to the property or to convert a bonafide transaction into one of suspicion and make it subje......r inadvertently typed Title Suit No. 417 of 1978) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the p......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......be mentioned during the pendency of the suit Rativan Bibi, the plaintiff, died leaving her heirs i.e. her sons Amjad Hossain and Abul, Hossain, daughters Rahela and Khatun Bibi. 6. The trial Court dismissed the suit on the finding that the suit is not barred by limitation, that the ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....e plaintiff cancelled and that the order of the Revenue Officer dated July 28,1986 cancelling the khatian that stood in the name of the plaintiff was not sustainable in law, that the plaintiff has right, title and interest in the land in suit and in the shop standing therein. 6. The defend......pon setting aside the judgment and decree dated 29-8-1990 of the Court of District Judge, Gaibandha in Title Appeal No. 45 of 1988 whereby the appellate Court sent the suit back to the trial Court for disposal of the same in the light of the discussion and direction made in the judgment. The rev...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......e and thereupon setting aside the judgment and decree dated 29-8-1990 of the Court of District Judge, Gaibandha in Title Appeal No. 45 of 1988 whereby the appellate Court sent the suit back to the trial Court for disposal of the same in the light of the discussion and direction made in the judgm..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......vocate-on-Record— For Respondent No.1. Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record —For Respondent No. 2. Criminal Petition for Leave to Appeal No. 100 of 2006. (From the judgment and order dated 21-11-2005 passed by......l Judge that if there is any possibility or if there is any evidence by which a further investigation is required, the trial Judge can exercise his such power to ensure an impartial trial for a fair justice." 30. In view of the aforesaid observations and findings of the ......an, Advocate Fazle Ali and many other injured persons have already been included in the charge-sheet as witnesses. Moreover, there is no bar to produce any witness by the prosecution at the time of trial even if their names do not find place in the charge-sheet. 27. We have given our anxio..Category: Criminal Law | Date: | Hits: 43
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ...... tried by the learned Sessions Judge, Rajbari in Sessions Case No. 7 of 1994 on the allegation of committing murder of one Shahajuddin Bepari of Moharajpur, Police Station Rajbari on 19-7-1993 and for causing disappearance of evidence of the aforesaid offence and were thus charged under sections......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......eneral appearing on behalf of the respondent, opposes the appeal submitting, inter alia, that co-accused Zinnah Sardar made a confessional statement which was found to be true and voluntary by the trial Court and therefore he cannot escape the punishment. 8. He further submits that in the..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......i, Advocate-on-Record—For the Petitioner. ASM Khalequzzaman, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 52 of 2003. (From the judgment and order dated 27-8-2002 passed by ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......s and also was barred by limitation. His further case was that he was co-sharer in the case land and, as such, the prayer for preemption is to be refused. 3.The moot point agitated in the trial Court by the respondent was that the petitioner (pre-emptee) being co-sharer the preemption c..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......March 28, 2006. Result: The appeal is allowed. The High Court Division should exercise its jurisdiction to enlarge the accused on bail after being satisfied that there are reasonable grounds for believing that the accused respondent is not guilty of the offence…………………………......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......on Case No. 8 dated 16-3-1999 was started which, however, after investigation ended in final report. That Chatak Police Station Case No. 11 dated 26-3-1999 was sent to Special Tribunal, Sunamganj for trial and while the case was preceding the Government by notification under section 6 of Druto Bicha..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
...., that Abdur Rashid assured the plaintiff that he would register the deed within a week but two days after the execution of the deed Abdur Rashid again became ill having had attack of heart and the right side of his body became paralysed and after prolonged suffering Abdur Rashid died on June 8, ...... the judgment and decree dated June 8, 1997 of the Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The suit was filed seeking a decree for specific performance of contract for sale of land. 2. The suit was filed stating, inter ......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......ead of 15 decimals. It may be mentioned two other plots i.e. Plot No. 1536 comprising 20 decimals of land and Plot No. 1537 comprising 25 decimals of land are also in the deed. 7. The trial Court decreed the suit on the finding that the plaintiff has been able to establish, by both ..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....oncurred with their judgments, I would like to add only few words stating to the effect that preparation of Electoral Roll is one of the positive steps for democratic process which will ensure the right of franchise of the people and also help stability of our democratic institutions. 3. ......brother Md. Tafazzul Islam. 2. Having concurred with their judgments, I would like to add only few words stating to the effect that preparation of Electoral Roll is one of the positive steps for democratic process which will ensure the right of franchise of the people and also help stabili...... successful should discharge functions in accordance with the Constitution and the law of the land. 109. In order to make a democracy successful election of the representatives in a free and fair way is indispensable. 110. In order to ensure a fair and free election, a flawless Ele......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
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