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Alaluddin Vs. State, 2003, 32 CLC (AD)
....ng with Jail Appeal No. 544 of 2000). Judgment Md. Tafazzul Islam J.- The condemned prisoner Alaluddin, the petitioner in this jail petition, filed this petition from jail against the ju......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......o scope of raising any suspicion about the contents of confessional statement. 16. Further, from the trend of cross examination of the prosecution witnesses the defiance case during the trial appeared to be that the victim committed suicide and no plea was taken to the effect tha......ioner Vs. The State.....................Respondents Judgment October 30, 2003. Cases Referred to- 15 BLD (AD) 54; 29 DLR (SC) 271; 45 DLR 587, 43 DLR 249 and 6 BLC (AD) 1; 17 BLD 352; 1MLR (AD) 248; 16 BLD (AD) 261. 42 DKR (AD) 31; 15 BLD (HCD) 205. ..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
.... Md. Tafazzul Islam J. - This appeal by leave arises out of the judgment of a Single Bench of the High court division dated 7.8.1994 in civil Revision no. 1806 of 1991 making the rule absolute thereby setting aside the judgment and decree dated 16.9.1985 passed by the learned Subordi......ity in the decision of the High Court Division. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 294. ...... petition were read over and explained to Fatema Khatun and she after knowing the contents put her thumb impression on these and no fraud was practiced upon Fatema Khatun as alleged. 4. The trial Court dismissed the suit, the lower appellate Court allowed the appeal and decreed the suit a......late Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Md. Shah Alam.................Appellant Vs. Md. Islam and others..............................Respondents Judgment May 26, 2004. C..Category: Procedural Law | Date: | Hits: 87
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....ision No.90 of 1987 heard analogously with Criminal Revision Nos. 88 and 89 of 1987 and 104 of 1992 discharging the Rules and against the judgment and order dated 12.02.1996 making the Rule absolute in Criminal Revision No.17 of 1987. Petition for leave to appeal No. 233 of 1995 against the......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ......rned magistrate after taking cognizance in all the proceedings except the proceeding in Criminal Petition No. 233 of 1995, sent the three proceedings as aforesaid to the special Judge concerned for trial. 3. Leave was granted to consider the submissions that the accused petitioner bei......lam J Khurshid Alam..........Appellant (In Criminal Appeals Nos. 3-5 of 1996) Md. Shahjahan..............Appellant (In Criminal Appeal No. 17 of 1996) Vs. Azizur Rahman and others.....Respondents (In all the appeals) Judgment March 1, 2004. Lawy..Category: Criminal Law | Date: | Hits: 40
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
....connection with Mirpur P.S. Case No. 58(2)792) convicting the appellant and another under section 19 (a) and (f) of the Arms Act and sentencing them separately there under to suffer imprisonment for life. The Special Tribunal by the same order directed that the sentences shall run conc...... reducing the sentence to the period already under gone. The appellant be set at liberty if not wanted in any other connection. Ed. This Case is also Reported in: 1 ADC (2004) 268. ......ial Tribunal, the Tribunal was in serious error in convicting and sentencing the appellant and another under section 19 (a) of the Arms Act since the facts brought on record for the indictment and trial of appellant and another there under did not disclose any offence of the kind said to have be......d: Farooq Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ex-parte-the Respondent. Criminal Appeal No. 2 of 2002 (From the Judgment and Order dated February 23, 1997 passed by the High Court Division in Criminal Jail Appeal No. 208..Category: Criminal Law | Date: | Hits: 41
Md. Fazar Ali Vs. State, 2003, 32 CLC (AD)
....visional Special Judge, Rajshahi Division, Rajshahi, in Special Case No.8 of 1992 convicting the appellant under section 409/109 of the Penal Code and sentencing him to suffer 4 years rigorous imprisonment and to pay fine of Tk.1639.20 in default to suffer 5 month rigorous imprisonment. ......ssed the incident from a distance of 2 ‘রশি' P.W. 5. Nawser Ali has stated that in the mid night of December 2, 1998 while he was sleeping Union Parishad member, Khair Uddin called him and told him that wheat's stored in Dahia Government Primary School were being removed a......n Act, 1947 (Act II of 1947). Prosecution in all examined 10 witnesses including the official witness, police personnel (P.Ws. 8.10) and tendered P. Ws. 4 and 7. On conclusion of trial the court of Divisional Special Judge, Rajshahi Division, Rajshahi by the judgment and order ......d-For the Appellant. Farroq Ahmed, Deputy Attorney General, instructed by Sufia Khatun, Advocate-on-Record-For the respondent. Criminal Appeal No. 8 of 2000 (From the Judgment and order dated July 15, 1999 passed by the High Court Division Criminal Appeal No. 2256 of 1995). ..Category: Criminal Law | Date: | Hits: 49
Dr. M.A. Mazed and others Vs. Bangladesh, represented by the Solicitor, 2003, 32 CLC (AD)
....n against order of acquittal passed in a case registered upon a petition of complaint. A case registered upon lodging of an Ejaher in a police station and culminating in filing of charge sheet and persons (s) so recommended by the police for prosecution was put on trial and the trial ends in acquitt......al. In the background of the discussions made hereinbefore we find no merit in this appeal. Accordingly the appeal is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 261. ......etition of complaint. A case registered upon lodging of an Ejaher in a police station and culminating in filing of charge sheet and persons (s) so recommended by the police for prosecution was put on trial and the trial ends in acquittal and thereupon if government files an appeal either before the ......is also Reported in: 1 ADC (2004) 261. ..Category: Criminal Law | Date: | Hits: 109
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ad Ali and Upon his death the same devolved upon his heirs whose names appeared in the S. A records; the heirs of Yad Ali at different time transferred different quantum of land to various persons and delivered possession there of to them; Safar Ali purchased the suit land from the hei......Rev-A.P.6/77 dated 19.1.91 evicted the plaintiffs and possession was taken over on 26.1.91 and since then the suit land had been under the management of the government as abandoned property the so-called title deed showing sale of land by Nasima and Farhana are forged and fraudulent and have bee......Farhana in favour of Jamir Mia, Mokbul Hossain and Abdul Gani do not contain their signatures and merely contain their thumb impressions by giving their false address at 227 Wiseghat. 5. The trial court after hearing dismissed the suit and the High Court Division after hearing allowed...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Additional Deputy Commissioner (Rev) Dhaka & others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: ..Category: Property Law | Date: | Hits: 29
Saleha Begum and others Vs. Nisar Uddin and others, 2007, 36 CLC (AD)
....le Bench of the High Court Division in Civil Revision No. 6491 of 2002 discharging the rule and awarding cost of Tk.10,000/- (ten thousand) against the plaintiff-petitioners. 2. The predecessor of the plaintiff-petitioners instituted Title Suit No. 46 of 1985 in the Court of the learned ...... are accordingly exempted from payment of the said cost. With the above observation this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 342. ......h came to the finding as to commission of forgery in the solenama and for committing the offence of forgery in the solenama filed before the Court referred the matter to the learned Magistrate for trial according to law. 9. In consideration of the facts and circumstances we do not find a......8) 342. ..Category: Property Law | Date: | Hits: 25
Commissioner of Customs Vs. Sayeed Hossain and others, 2003, 32 CLC (AD)
.... against the judgment and order dated October 31, 2000 in writ petition Nos.1981 and 5690 of 1997. The High Court Division by the aforesaid judgment has made the Rule obtained in the writ petitions absolute and has thereupon directed the Customs Authority to determine the normal value of the importe......ending that there was no basis for fixing the value of the imported goods as termed by the customs Authority "load value". 3. The Rule was contested by the Respondents contending that the value, called 'load value' fixed by the customs was the result of determination of normal value through ela......the judgment. In the afore stated of the matter we do not find any substance in the petitions. Accordingly the petitions are dismissed. Ed. This Case is also Reported in:1 ADC (2004) 223. ......ed in:1 ADC (2004) 223. ..Category: Fiscal/Taxation Law | Date: | Hits: 84
Md. Golam Rasul Vs. Chan Mohammad, 2003, 32 CLC (AD)
....s of land of the 'kha' schedule with is part of the land of 'ka' schedule. 2. Plaintiff appellant filed the suit stating that 45 decimals of land described in 'ka' schedule which comprises also the land of 'kha' schedule belonged to Yakub Ali and he sold the same to his son Ishaque on May...... Division is set aside and the judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 219. ......defendant respondent that plaintiff's vendor Ishaque never possessed the land in Suit. 4. Initially by the judgment and decree dated December 30, 1981 the suit was dismissed by the trial court on the finding the defendant has been possessing the land in suit with the permission o......dvocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. N. I. Bhuiyan, Advocate-on-Record-For the respondent. Civil Appeal No.138 of 1998. (From the Judgment and order dated February 19,1998 passed by the High Court Division in Civil Revision No. 577 of 199..Category: Property Law | Date: | Hits: 46
Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... Mohammad Fazlul Karim J.- This appeal by leave is directed against the judgment and order dated 29.05.1997 passed by the High Court Division in Civil Revision No. 157 of 1996 making the rule absolute remanding the suit to the lower appellate court directing to dispose of the appeal within 6...... case is remanded back to the High Court Division for hearing the rule and for disposal of the same in accordance with law. Ed. This Case is also Reported in: 1 ADC (2004) 217. ......urt Division while remanding the suit observed as under: "The only point to be decided as to whether the lower appellate Court was properly and legally reversed the findings of the trial Court. I have heard the learned Advocate of both sides, perused the application and the record......sp; ..Category: Procedural Law | Date: | Hits: 76
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....bsp; Abu Sayeed Ahammed J.- This appeal is against the judgment and order dated 01,08.97 passed by a learned Single Judge of the High Court Division in Civil Revision 1866 of 1997 making the Rule absolute and setting aside the judgment and order dated 27.03.97 passed by the additional district J......n 5 of section 34 of the Wakf Ordinance, 1962 empowers and authoress legally the wakf administrator to make necessary amendment/change or variation of the "scheme" which also can be called "bye-laws" for better management/administrator of any wakf estate if he consi......uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......e court) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1-7. Not represented-Respondent Nos. 8-16. Civil Appeal No.128 of 1997. (Form the judgment and order dated 18.08.1997 passed by the High Court Division Civil Revision No. 1866 of 1997). ..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....he High Court Division by judgment dated 18th March, 1997 allowed the appeal and dismissed the suit. 2. The short fact leading to this petition is that defendant-appellant wanted to sent his son to middle east for earning his livelihood and as money was required for the purpose defendant N...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ...... Thereafter a 'bainapatra' was executed in favour of Abdur Rahman on 7.1.1993 for selling the land at a consideration of Tk. 65,000/- and Tk. 50,000/- was received as earnest money. Thereafter the trial court on consideration of the evidence on record both oral and documentary decreed the suit b......pellate Division (Civil) Present Latifur Rahman CJ Mahmudul Amin Coudhury J Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Azizul Huq alias Md. A. Aziz and others ...............Appellants Vs. Sree Purna Chandra Das alias Sree Purna Cha..Category: Property Law | Date: | Hits: 32
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....judgment and order dated March 12, 2000 of a Division Bench of the High Court Division in Writ Petition No. 4201 of 1998. By the aforesaid judgment the High Court Division made the Rule absolute. 2. The writ petition was filed questioning legality of the order dated March 27, 199......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ...... ADC (2004) 192. ..Category: Employment/Service Law | Date: | Hits: 83
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....s appeal by leave is directed against the judgment and order dated 17.09.1998 passed by a Division Bench of the High court Division in Criminal Miscellaneous Case No.2608 of 1998 making the Rule absolute and thereby granting bail to the 7 accused respondents in Sessions Case No.120 of 1993 pendi......of the State with the observation, "we do not normally interfere with the discretionary exercise of jurisdiction by the High Court Division but this is one case where our interference is called for, but in view of the fact that the trial is on we think that the interest of justice will......e Criminal Misc. Case) along with twenty six others were charge sheeted for the commission of offence punishable under sections 148/149/325/326/302/114 of the penal Code. They are waiting for trial in Sessions case No.120 of 1993, before the Court of 3rd Additional Sessions Judge, Dhaka. ......ion (Criminal) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Tafazzul Islam J The State..........................Appellant Vs. Abdus Satter and others....................Respondents Judgment April 5, 2004. Lawyers In..Category: Criminal Law | Date: | Hits: 35
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....x-parte- the Respondents. Criminal Appeal No. 1 of 1995. (From the judgment and order dated 16th February, 1993 passed by the High Court Division in Death Reference No. 10 of 1988 (Jessore), 13 of 1991 (Dhaka) Judgment &nb......as and other convicted accused. 6. Convicted accused Ratan Molla stated in his confessional statement Ex.3 dated 21.10.86 under section 164 Cr.P.C. "that condemned accused Tuku Biswas called him on the date of occurrence and asked him to come with him, that he went to their boat alo......n 2.10.1986 at 12-30 P.M. Police upon investigation submitted charge sheet against 12 accused out of whom two convicts accused Tuku Biswas and Fashiur Rahman Mola remained absconding at the time of trial. Upon trial respondent No.1 was convicted under section 396/34 of the Penal Code and was......han, Additional Attorney General, instructed by Sajjadul Huq, Advocate-on-Record-For the Appellant. Ex-parte- the Respondents. Criminal Appeal No. 1 of 1995. (From the judgment and order dated 16th February, 1993 passed by the High Court Division in Death Reference No. 10 of ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
.... Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......an submits that in the present case the Arbitrator acted beyond his jurisdiction as law has not entrusted him with any power to award interest-till realization. This question was raised before the trial Court and after a bare discussion the court decided that the plaintiff is entitled to an......ellant Vs. M/s Zakir Construction & Co........Respondent Judgment November 27, 2000. Case Referred to- Bangladesh Agricultural Development vs. Kibria and Associates Ltd. 46 DLR (AD) 97. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Ad..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....to the position he was holding at the time of his removal. The respondent's batch mates numbering 25 were holding the post of Joint Secretary and the respondent being the first of his batch had no reason to be superseded but for the illegal order of removal of service, with revocation of the said ......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......order as illegal. The government appellant's Title Appeal No. 230 of 1980 was dismissed on 11-12-85. The respondent was not allowed to resume his duties. He instituted a miscellaneous case in the trial court for a proceeding for contempt of court whereupon the Government asked him to withdraw ......ddin Ahmed, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the respondent (appeared with the leave of the Court) (In both the appeals). Civil Appeal Nos. 102 and 103 of 1997. (From the Judgment and order dated 26-11-96 passed by the Administrative Appella..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....in the matter and in the meantime different chambers of commerce and Industry submitted representations to respondent No. 3 prepaying for reduction of the enhanced tariff rate and also called upon the respondents to stop the practice of issuing notifications from time to time in b...... the matter and in the meantime different chambers of commerce and Industry submitted representations to respondent No. 3 prepaying for reduction of the enhanced tariff rate and also called upon the respondents to stop the practice of issuing notifications from time to time in betw......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......mmad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman & 5 others................Appellant (In Civil Appeal No. 6 of 1995) Vs. Government of Bangladesh and 5 others........Respondents (In Civil Appeal No. 6 of 1995). Judgment May 21, 1..Category: Fiscal/Taxation Law | Date: | Hits: 199
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
.... Gouripur Upazilla for permanent injunction against the defendant respondent stating, inter alia, that one Ahmed Ali Khalifa, the C.S. recorded tenant of 0.6 acres of land in C.S. Khatian number 66 sold the same to Fida Hossain and Noor Mohammad who owned and possessed the same for more than 12 ......he appeal is allowed and the impugned judgment of the High Court Division is set aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......s written whereas in reality the new khatian will be khatian No. 766. 4. The defendants did not file any written objection against the aforesaid application for amendment of the plaint. The trial court rejected the plaintiffs application for amendment of the plaint by his order dated......ate Division (Civil) Present: Mainur Raza Chowdhury J Sayeed JR Mudassir Husain J Md. Sirajuddin........................Appellant. Vs. Mohibunessa and others…………..Respondents Judgment April 30, 2002. ..Category: Property Law | Date: | Hits: 23
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