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Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ......) 159 ......ned Subordinate Judge also compared the admitted signatures of the appellant with his alleged signature in the petition for adopting the written statement of defendant No.15 by him Considering the evidence on record and the record of the case, the learned Subordinate Judge by his order dated 30-..Category: Procedural Law | Date: | Hits: 133
Jahangir Kabir (Md) Vs. BD, represented by The Secretary, Ministry of Home Affair, 1996, 25 CLC (AD)
....ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ......rted in: 48 DLR (AD) (1996) 156 ......ed on his prayer. The present case before us is just the reverse. In the result, the appeal is allowed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 156 ..Category: Administrative Law | Date: | Hits: 138
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ......lip;…………………..Respondents Judgment May 23rd, 1996. Lawyers Involved: Rafiq-Ul-Huq, Senior Advocate (MA Advocate with him), instructed by Shamsul Siddique, Advocate-on-Record — For the petitioner. Shafique Ahme......Bijoyram Tobakpur mouza is false and, as such, the Suit 15 liable to be dismissed as the school of the defendants is a separate school. 4. The learned Assistant Judge on consideration of the evidence on record found, inter alia, that Bhadrapara Adarsha Non-Government Primary School is situ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
.... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ...... Bikash Roy Choudhury J Sadharan Bima Corporation…………………………………. Appellant Vs. Bengal Liner Ltd. and another………………………&hellip......uster, appointed by the plaintiff, Exts. (7(5)-7(7), same as Exts, E(2)-E(4) by the defendant, but the Admiralty Court held that the said telexes “cannot be taken as admissible and conclusive evidence for market value of the vessel as the so-called experts are not before this Court and cann..Category: Business or Commercial Law | Date: | Hits: 151
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......llip;………………………………………………………………Plaintiff-Appellant Vs. Md. Arifur Rahman @ Badsha Chairman………&hell......rent as alleged by him on 14-8-1983. The learned SCC Judge in a confused judgment found that the defendant was a defaulter because he had deposited rent for 7 months at a time. The defendant in his evidence stated that on receipt of notice under section 106 of the Transfer of Property Act he had ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ...... Rouf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Law......on-filing of any rent receipt after August, 1975 the trial Court disbelieved the defendant’s case of payment of rent from September, 1975. The trial Court on consideration of the documentary evidences found that the plaintiff, in fact, admitted the payment of money by the defendant. The tr..Category: Property Law | Date: | Hits: 56
Mahmudul Haque (Md) Vs. Md. Hedayetullah and others, 1996, 25 CLC (AD)
....t jurisdiction in interfering with a parliamentary election process. The appeal is allowed without, however, any order as to costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 128. ......Respondents Judgment January 3, 1996. Result: The appeal is allowed. Case Referred to- AFM Shah Alam vs Mujibul Huq and others, 41 DLR (AD) 68. Lawyers Involved: Khan Mahbubuddin Ahmed, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on -Record—For the Appella...... could not be decided in the writ jurisdiction, particularly, when the Returning Officer had decided the matter in favour of the petitioner, thereby leaving the question of age for decision, on evidence, by the appropriate authority, if and when raised after the poll. It is further submit..Category: Election Law | Date: | Hits: 129
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......al J Md. Abdur Rouf J Jamila Khatun…………………… Appellant Vs. Rustom Ali………………….... Respondent Judgment March 7, 1996. Result: The appeal is allowed in part. Cases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; ......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ..Category: Family Law | Date: | Hits: 198
State Vs. Md. Iqbal Hossain alias Iqbal Hossain and others, 1993, 22 CLC (AD)
....vision were just, correct and proper and caused no miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......o miscarriage of justice. In the result, therefore, all the appeals are dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 100. ......ossain and there was no abetment of any cheating/misappropriation or commission of the offence of criminal misconduct by them as alleged. 12. The learned Special Judge upon a consideration of the evidence and circumstances on record, by his judgment and order dated 4-10-90, convicted respondent ..Category: Anti-Corruption Laws | Date: | Hits: 92
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ......peal is dismissed. Case Referred to- Mohammad Ahmed Saeed Khan Vs. Kishori Lal, AIR 1932 (All.) 375; Kamala Sahai Vs. Babu Nandan Mian, 11 CLI 39; Lala Bihari Lal Vs. Abdul Aziz, 119 IC 92; Mohin Chandra Dey Vs. Ram Dayal Datta, 30 CWN 371. Lawyers Involved: Khandker Mahbubuddin Ahmed......ed Taka 99.00 from defendant Nos. 1-3 and relinquished her right of redemption as per mortgage deed and the High Court Division itself having not considered the case of the respective parties and the evidence on record in this matter, the fresh finding of fact by the High Court Division is based on ..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ...... no separate meter for each tenant, the tenant was required to pay WASA charge at a fixed rate of Taka 60.00 per month “along with the rent”. That this is so will be clear from the plaintiffs own evidence. PW 1 deposing for the landlord said in chief that rent of the shop room was Taka 1098.00 p..Category: Tenancy Law | Date: | Hits: 82
Shamsul Islam & others Vs. Badiar Zaman alias Bablu and another, 1996, 25 CLC (AD)
....s of consanguinity from the donor. Hence the contention of Mr. Fazlul Karim cannot be accepted. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 88 ......d in: 48 DLR (AD) (1996) 88 ......pugned Judgment and order discharged the Rule. 4. Although the deed dated February 19, 1980 has been described as a kabala the trial Court as well as the Appellate Court on the basis of the evidence on record, in particular, that of the scribe PW 2, concurrently found the deed in question..Category: Property Law | Date: | Hits: 56
Moqbul Ahmed and another Vs. Ahmed Impex (Pvt.) Ltd. and ors, 1996, 25 CLC (AD)
.... of the learned Single Company Judge, if so advised. The appeal is therefore allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 82 ...... Judgment May 20th, 1996. Cases Referred to- Dacca Jute Mills Ltd. vs Satish Chandra Banik, 19 DLR 735; Jabed Ali Sarkar vs. Dr. Sultan Ahmed, 26 DLR 196; (Whatson vs Winch (1916)1 KB 688). Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by......pondent No. 2 herself. 8. While the learned Company Judge allowed the application of the appellant, the Division Bench on appeal rejected their application, mainly on an appreciation of the evidence on record. 9. The main issue is as to whether an appeal lies from the decision of ..Category: Business or Commercial Law | Date: | Hits: 118
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......sion (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Moti Mia……………………&he......cuments defendant No.1 by influencing the police procured final report in the case. The kablas having been executed for an unlawful consideration are void and illegal. PW 1 Moti Miah stated in his evidence that he had lot of litigations with the defendants and after execution of the last kabala ..Category: Property Law | Date: | Hits: 72
Muzaffar Hossain Vs. Md. Humayun Kabir and others , 1996, 25 CLC (AD)
....d Judge rightly set aside the judgment and order of the Election Appellate Tribunal. The petition is, therefore dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 59 ...... ......tioner examined six witnesses including himself and respondent No.1 examined four witnesses including himself in support of their respective cases and the Election Tribunal on consideration of the evidence on record dismissed the election petition by his judgment and order dated September 8, 199..Category: Others | Date: | Hits: 98
Mohammad Brothers Vs. Collector of Customs and another, 1996, 25 CLC (AD)
....missions made by him before the appellate body which will not be inhibited by any observation or finding on the merit of the petitioner’s case. The petition is dismissed. Ed. ......Ed. ......tertainable. The High Court Division further held that the petitioner is not without any remedy as the Customs Act provides for appeal, revision, etc which the petitioner can avail of by producing evidence on disputed facts. 4. Mr. Md. Abdul Aziz, learned Advocate for the petitioner, has ..Category: Business or Commercial Law | Date: | Hits: 111
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......n. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... is not enough. Prima facie from the plaint it must be shown to the satisfaction of the Court that the transaction was malafide. If such malafide is prima facie proved then the question of taking evidence in the matter will be required. We have considered the plaint of the suit …&hell..Category: Business or Commercial Law | Date: | Hits: 107
Moudud Ahmed Vs. State, 1996, 25 CLC (AD)
....uestion while the document is still not ready for observation with all its factual clothings. The prosecution may obtain improperly procured material (e.g. materials obtained on an illegal search) or inadmissible material or protected material while investigating a case against an accused but it is ......ns of ours. 17. We therefore find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 42 ......submits that the learned Third Single Judge has not given any clear-cut finding but discharged the Rule with the observation that it will be for the trial Court to consider whether there is any legal evidence or not. 6. On a close scrutiny of the judgment from which this petition for leave to app..Category: Anti-Corruption Laws | Date: | Hits: 105
Principal, Chittagong Medical College and others Vs. Shahrayar Murshed and others, 1995, 24 CLC (AD)
....pugned judgment and order passed by the High Court Division. Accordingly all the appeals are dismissed without any order as to costs. Ed. This Case is also reported in: 48 DLR (AD) (1996) 33. ......also reported in: 48 DLR (AD) (1996) 33. ......volvement in the alleged incident. 10. In the affidavit-in-opposition filed on behalf of the Principal (appellant No. 1) the assertions of the respondents were sought to be met by saying that the evidence produced from different sources before the meetings of the College authorities was contrary..Category: Constitutional Law | Date: | Hits: 169
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......ellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another………………&helli......the Mohammedan Law for pre-emption, the High Court Division negatived the same by referring to the concurrent finding of the Courts below in favour of the plaintiffs made upon consideration of the evidence and holding further that it was not open to the Court of revision to interfere with such f..Category: Property Law | Date: | Hits: 84
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