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Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
....e case is that of innocence and false implication at the instance of unknown enemies of the appellant. 5. The trial Court after recording evidence of 7 (seven) P.Ws. examined the accused persons under section 342 of the Code of Criminal Procedure when they stated nothing besides usual ple......terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......he complicity of the accused and his first wife in the murder of the deceased. 3. Police after investigation submitted charge-sheet against the appellant and 4 (four) others out of whom in trial the appellant was charged under section 302 of the Penal Code and the others under sections 3......Petitioner Vs. The State..... Respondent Judgment February 01, 2009. Lawyers Involved: A. B. M. Bayzed, Advocate - For the Petitioner. Mohammad Ali Akanda, Deputy Attorney General - For the Respondent. Jail Petition No. 13 of 2004 (Fro..Category: Criminal Law | Date: | Hits: 50
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....Dhaka claiming an amount of Tk.5, 52, 60,832.43/- The said amount according to the plaintiffs bank arose out of L/Cs opened by Shinan (Bangladesh) Limited in connection with importing fabrics and also for exporting the finished products. 4. The Managing Director, Mr. Masudul Alam Chaklade...... the purpose of securing any credit of the limited company namely Shinan (Bangladesh) Limited and as such none of the properties of M.A. Chaklader can be attached and sold in connection with any so called liability of Shinan (Bangladesh) limited. 5. Mr. Masudul Alam Chaklader while alive ......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nasir Hossain Chaklader and others………………...................................Petitio..Category: Civil Law | Date: | Hits: 106
Md. Jamiruddin Biswas Vs. Bangladesh, 2007, 36 CLC (AD)
....the respondents should not be directed to implement Brahmpur Mouza near Boharampur Bazar to be selected for the construction of newly Dohakul Union Parishad Complex in accordance with the formal resolution passed unanimously by the members of the Union Parishad and as per instruction of the circ......ilding and directed to select a new site. The respondent No. 4 declared to take over the delivery of possession of the old office of Dohakul Union Parishad. Accordingly, the Dohakul Union Parishad called a general meeting at its old premises at 10 a.m. declaring agenda for the selection of site ......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 297. ......……………………….............................................Petitioner Vs. The Government of the People's Republic of Bangladesh and others………Respondent Judgment November 18, 2007. ..Category: Others | Date: | Hits: 87
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
.... another set of joint written statements denying the material allegations made in the plaint and contending, inter alia, that during 1962-1963 char land began to form in the river land in 1970-1971 some tress and bushes were found in the char land and these defendants used to cut away these trees ......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......mes, paid rent to the Government and possessed this land for more then 12 years to the knowledge of all concerned and they have also acquired title in the suit land by adverse possession. 5. The trial Court dismissed the suit and the plaintiffs preferred appeal before the learned District Judge......35. ..Category: Property Law | Date: | Hits: 37
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal No. 2164 of 2001 dismissing the leave petition as time barred filed against the judgment and order dated 16.8.2000 in Civil Revision No. 1050 of 1998 making the Rule absolute setting aside the judgment and order dated 17.2.1998 passed by the learned Subordinate Judge ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... of the decree as per section 164 of the Limitation Act. 5. On an appeal in Miscellaneous Appeal No. 42 of 1996 the appeal was allowed setting aside the judgment and order dated 27.1.1996 of the trial Court. Thereafter, the plaintiff moved the High Court Division in Civil Revision No. 1050 of 1....... Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....spondent No.1 in Civil Appeal No. 36 of 2008 and the petitioner in Criminal Petition for Leave to Appeal No.146 of 2008 are common and the matter in issue in the Appeal and the Criminal Petition is also common i.e. granting of the bail in the writ petition and rejection of the prayer for bail in a p......ule obtained therein for non-prosecution and the High Court Division upon allowing the application has discharged the Rule obtained in the aforementioned writ petition for non-prosecution and that re-called and vacated the ad-interim order passed by the High Court Division in the writ petition. 1......ecessary for the disposal of the Appeal and the Criminal Petition for Leave to Appeal (the petition). It is material to state that the respondent No.1 in the Appeal, who is the petitioner, was put on trial along with another who is her husband. 3. The respondent No.1 in the Appeal and the petitio......mad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh…........Appellant Vs. Sabera Aman and others............Respondents Judgment April 17, 2008. Lawyers Involved: Hasan Foiz..Category: Criminal Law | Date: | Hits: 51
Simon Singh Vs. State, 2008, 37 CLC (AD)
....ved: A.B.M. Bayezid, Advocate-For the Petitioner. Mohammad Ali, Deputy Attorney General-For the Respondent. Jail Petition No. 07 of 2007. Judgment Md. Hassan Ameen J.- The condemned-prisoner seeks leave to appeal by filing petition from jail against the judgment and order dated 14-03-...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......e basis of materials available on record, framed charge against the accused-petitioner under Section 302 of the Penal Code and read it over to the accused on dock, who pleaded not guilty and demanded trial. 6. The prosecution examined 20 PWs. including doctor, who held post-mortem examination and......ttorney General-For the Respondent. Jail Petition No. 07 of 2007. Judgment Md. Hassan Ameen J.- The condemned-prisoner seeks leave to appeal by filing petition from jail against the judgment and order dated 14-03-2005 of a Division Bench of the High Court Division accepting the Death Refere..Category: Criminal Law | Date: | Hits: 47
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....e suit. 3. During the pendency of the said suit the respondent No.1 (defendant No.15) disputed the signature of the vendor on the Bainapatra and prayed for opinion of handwriting expert to resolve the dispute. The trial court accordingly allowed prayer by order dated 31.8.2003. The plainti......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ...... the pendency of the said suit the respondent No.1 (defendant No.15) disputed the signature of the vendor on the Bainapatra and prayed for opinion of handwriting expert to resolve the dispute. The trial court accordingly allowed prayer by order dated 31.8.2003. The plaintiff petitioner challenged......esent: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Tafazzal Ahmed.................. Petitioner Vs. Badiul Alam and others....... Respondent Judgment July 27, 2007. Lawyers Involved: ..Category: Property Law | Date: | Hits: 36
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
.... Afzal CJ.- The question raised in this appeal by leave is whether the respondent who is an Assistant Director, National Security Intelligence (N.S.I.) Department should be treated as an officer absorbed in the said department as a surplus officer on 2.1.1986 under the Surplus Public Servan......eated as an officer absorbed in the said department as a surplus officer on 2.1.1986 under the Surplus Public Servants Absorption Ordinance 1985 (Ordinance No. XXIV of 1985), hereinafter called the Ordinance. The Administrative Tribunals below answered the question in the affirmative b......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ......ecord-For the Appellant. M. A. Wahhab Miah, Advocate, instructed by Shamsul Huq Siddique, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 1995. (From the Judgment and Order dated April 28, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 21 -of..Category: Employment/Service Law | Date: | Hits: 119
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....f 1996 impugning the order dated 18-7-1996 rejecting the appellant's aforesaid application for rejection of plaint. The High Court Division after hearing the parties was pleased to make the Rule absolute by its judgment dated 5-2-1997. The present respondent No. 2-SABINCO then moved Civil Appeal......f the powers under Section 77 of the Banking Companies Act, 1991 providing for the Bank of Credit and Commerce International (Overseas) Limited (Reconstruction) Scheme, 1992 (hereinafter called the "Scheme"). In terms of clause 6(1) of the scheme the business, properties, cas......-8-1999 passed in Money Suit No. 6 of 1994 instituted by respondent No.1 in the Court of Subordinate Judge, Commercial Court No. 2, Dhaka. 3. The respondent No. 2, the Saudi Bangladesh Industrial and Agricultural Investment Company Ltd. (SABINCO) as plaintiff filed Money Suit No. 6 of 199......Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Eastern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. ..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....ving as Bench Assistant of 2nd Court of Subordinate Judge, Khulna, he was charge sheeted on the allegations that he on his transfer failed to hand over the records of three cases to his successor at the time of making charge and he also failed to obtain the signature of the Presiding Office...... sent to the respondent along with charge so as to unable the respondent to explain the allegations further the short handbook of the stenographer which was very vital for the enquiry was also not called for by the Enquiry Officer inspite of requests made by the respondent in this behalf. ......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ...... (2004) 562. ..Category: Administrative Law | Date: | Hits: 94
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
....l Judge, Tribunal No.3, Gazipur in Special Tribunal Case No. 69 of 1998 by which the appellant was convicted under section 25(1) of the Special Power Act and sentenced to suffer rigorous imprisonment for a term of 7 years and to pay a fine of Tk. 3,000/- in default to suffer rigorous i...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ...... Appellant. Abdur Razzak Khan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 29 of 2002. (From the judgment and order dated 1st March, 2001 passed by the High Court Division in Miscellaneous Case No. 1627 of..Category: Criminal Law | Date: | Hits: 70
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....f the Arms Act read with Section 26 of the Special Powers Act and Special Tribunal after recording evidence convicted him under Section 19A of the Arms Act and sentenced him to suffer Rigorous Imprisonment for 10 years and upon conviction under Section 19(f) of the Act he was sentenced to suffer r......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......Abdul Malek, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Review Petition No. 18 of 2002. (From the Judgment and order dated 27.04.2002 passed this Court in Criminal Petition for leave to Appeal No. 107 of 200..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....Magistrate, Debidwar, Comilla in C.R Case No. 415 of 1987 convicting the petitioners and two others under sections 465/109 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 1 (one) year. 2. Short facts are that on 28.09.1987 the Complainant-opposite pa......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......xecution date on 09.01.1987 with a view to defraud the complainant. 3. The accused petitioner Nos.1-3 were the attesting witnesses in the said deed in favour of the accused No.1. During trial charge under section 465/109 of the Penal Code was framed against the accused persons to whic......542. ..Category: Criminal Law | Date: | Hits: 47
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....of M/S. H. Dey Jewellers, a Jewellery shop situated in Khulna died in Calcutta on 4th June, 1970. His ordinary residence at the time of death was in the town of Khulna. He left behind 5 (five) sons of whom the appellant Aloke Nath Dey is the only one alive. The appellant is the only sur......e Bank for safe custody, she had the option to go and collect it at anytime she liked. The Bank was merely a custodian of the same. In ordinary parlance debt means a sum certain due from one person called the debtor to another called the 'creditor. In Stroud's Judicial Dictionary a 'debt' i......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ......llip;... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State Bank of India v. Netai Ch. Porel, AI..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....Petition for leave to Appeal No. 1315 of 1999 against the judgment and order dated 20.7.1999 passed by a Single Bench of the High Court Division in Civil Revision No. 767 of 1997 making the Rule absolute and setting aside the judgment and decree dated 31.10.1995 passed by the Subordinate Judge, ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......na which was eventually heard by the learned Subordinate Judge and Artha Rin Adalat, Pabna who by his judgment and decree dated 19.11.1990 allowed the appeal and sent the suit back on remand to the trial court for fresh hearing giving the parties chance to amend the leading and adduce e......is Case is also Reported in: 1 ADC (2004) 513. ..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
....nd thereupon sent back the Title Suit No. 50 of 1984 to the Court below for disposal along with the Title Suit No. 39 of 1993. 7. The defendant No.1 obtained leave contending that High Court Divison was not at all justified in making the order of remand instead of disposing of the appeal on mer...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......gainst the judgment and decree dated January 16, 1997 of a Division Bench of the High Court Division passed in First Appeal No.1 of 1988 allowing the appeal and thereupon sending the suit back to the trial Court for disposal with Title Suit No.39 of 1933. 2. The first appeal was filed against the...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Taffzzal Islam J Begum Lutfunnessa......................... Petitioner Vs. Md. Shafiullah and others................. Respondents Judgment July 31, 2004. Result: The review petit..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... Amin J. - This appeal by leave is directed against the judgment and order dated 13.08.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they ...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......ntiffs. They claim that the pattas are forged and fraudulent document. 4. The defendant No. 4 also contested the suit on the ground that the property was vested property. 5. The trial Court found title and possession of the plaintiffs in the disputed property and decreed the s......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyers..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....of the respondent No.1 Swarashati Roy, wife of him. 2. Facts in this case, in short, are that Trailakha Nath Roy was the husband of the respondent No.1 Swarashati Roy. Swarashati Roy and her son Bolai Roy used to look after the property of the said testator, Trailakha Nath Roy during his o......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......abricated one created by the respondent No.1. Swarashati Roy, respondent No.1 and her son Bolai Roy, the respondent No. 2 after death of the said testator of the will. Upon hearing the parties the trial Court refused granting of probate by its judgment and order dated 04.11.1999. But in the comp...... Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahammed J Kanai Lal Roy..........................Appellant Vs. Swaraswati Roy and ors..................Respondents Order August 17, 2002. Lawyers Involved: ..Category: Property Law | Date: | Hits: 74
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
.... was opposed by the present petitioner. The Rule was opposed by the writ Respondent Nos. 1 and 4. 5. The High Court Division made the Rule obtained in writ petition No. 2483 of 2000 absolute by the judgment and order dated November 27, 2000 making direction to the Respondent No. 2 (......at state of the matter the Respondent No. 1 filed Writ Petition impugning action of the PDB and its officials in the matter of issuing letter of intent for executing of the work, for which bid was called and writ petitioner was responsive, in favour of the present petitioner (Respondent No. 4 in......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ...... Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J M/s Micro Electronic Limited...........Petitioner Vs. M/s Rahimafroz Batteries Limited and other...........Respondent Judgment October 28, 2002. Lawyers Involved: ..Category: Procedural Law | Date: | Hits: 83
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