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Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....rehabilitation plot in Mohammadpur Housing Estate. 2. Facts in the background of which writ petitions were filed, in short, are that land of the respective writ petitioners or their predecessors were acquired by the government. Government in pursuant to the policy decision to rehabilitate......ions were opposed by the Government (writ-respondent No.1) contending, inter alia, that the allotment so claimed by the respective writ petitioners was product of fraud and as such by the so called allotments writ petitioners did not acquires any right in the land so claimed to have been a...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ......o Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....l Amin J. - This appeal by leave is directed against the judgment and order dated 15.02.1999 passed by a single Bench of the High Court Division in Civil Revision No. 3023 of 1994 making the Rule absolute and there by setting aside the judgment and order dated 16.08.1984 passed by the learned Ad......Defendant Petitioner. The learned Assistant Judge after hearing the parties dismissed the case holding that the defendant was not prevented by sufficient cause from appearing when the case was called on for hearing. The defendant took an appeal to the Court of District Judge, Comilla. The ap...... cause from appearing when the case was called on for hearing. The defendant took an appeal to the Court of District Judge, Comilla. The appeal was allowed and the judgment and order passed by the trial court was set aside. Thereafter, the plaintiff filed Civil Revision No. 3023 of 1994 against ......d. This Case is also Reported in: 1 ADC (2004) 107. ..Category: Procedural Law | Date: | Hits: 84
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....urt Division in Writ Petition No. 1845 of 1996. The writ petition was filed impugning the order dated 5 January, 1995 of the Bangladesh Power Development Board (Respondent No.1) retiring compulsorily the writ petitioner a diploma engineer, from the service. 2. Facts, in short, a......titioner that in the second show cause notice there was absence of kind of punishment going to be imposed on the appellant is of no substance since in the second show cause notice the appellant was called upon to show cause why punishment of dismissal from service shall not be imposed upon him. ...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ...... Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Gazi Gaiasuddin......................Appellant Vs. Bangladesh Power Development Board and other...................Respondents Judgment May 21, 2002. Lawyers Involv..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....his appeal by leave at the instance of the pre-emptee is directed against the judgment and order of the High Court Division passed on 11.6.1998 in Civil Revision No. 2588 of 1993 making the rule absolute setting aside those dated 20.6.1993 of the Court of appeal below passed in Miscellaneous App......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ......g with the concurrent finding the High Court Division committed error in the decision. The learned Counsel further submits that the learned Judge of the High Court Division failed to consider that trial court and the court of appeal below gave specific observation finding that the notice un......n: 1 ADC (2004) 100. ..Category: Property Law | Date: | Hits: 30
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... of 1993 upholding the conviction and sentence passed by the learned Sessions Judge, Rajbari in Session Case No. 1 of 1993 convicting the sentencing the appellants to suffer rigorous imprisonment for five years under section 326 of the Penal Code and to pay a fine of Tk. 1,000/- each in...... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ......eft arm and chest causing bleeding injury. These two appellants and others were identified by the focus of the torch light of the accused. These two appellants along with others were placed on trial before the learned Sessions judge, Rajbari who convicted and sentenced the appellants as afo...... ..Category: Criminal Law | Date: | Hits: 78
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
.... (Civil) Present: Mohmudul Amin Choudhury CJ Mahammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Dhaka University represented by Professor A. K. Azad Chowdhury, Vice Chancellor Dhaka University and others.....................Appel......mits that when the Statute provided for alternative and efficacious remedy the writ petition can not be maintained. He submits that Article 46(17) (ii) provides that no election shall be called in question except by an election petition presented in accordance with the rule. He contend......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......ury CJ Mahammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Dhaka University represented by Professor A. K. Azad Chowdhury, Vice Chancellor Dhaka University and others.....................Appellants (In Civil Appeal No. 54 of 2001) Vs. ..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....d Sessions Judge only for determination of her age which has already done and (iv)whether in view of the consistent of the higher courts of the sub-continent that question of custody of a minor can also be decided in a proceeding under habeas corpus under m 491 of the Code of Criminal Procedure with......efore the Civil Surgeon, for ascertaining her age and excepting Uqbal Hossain, Shaikh Biddut Ali and Md. Shahudul all other accused persons have been enlarged on bail. The learned Sessions Judge also called for a certificate from the Head Master of Mozahar Memorial Madhayamik Biddalaya, Kaliganj, Sa......ry face of it is illegal, (ii) whether a detune who is a minor can be kept in confinement for an indefinite period by a court for the purpose of determination of majority or minority on conclusion of trial, which is not warranted by law and is illegal or improper, (iii) whether the High Court Divisi......mudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J Arun Karmakar...........................Appellant Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result: The appeal..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
.... in Special Tribunal Case No. 826 of 1994 arising out of Pallabi P.S. Case No. 6(5)794 by the Senior Special Tribunal Judge, Court No. 1, Dhaka no 30.03.1995 and sentenced him to suffer rigorous imprisonment for 7 years and to pay a fine of TK. 5000/- only, in default to suffer rigorous imprisonme......preferred within the prescribed periodical being 30 days as provided under the Special Powers Act, 1974 and if the conviction is based on no evidence or trial court had no jurisdiction which can be called coram non judice, then and then only the conviction and sentenced can be quashed under sectio......e evidence on record and if no appeal could be preferred within the prescribed periodical being 30 days as provided under the Special Powers Act, 1974 and if the conviction is based on no evidence or trial court had no jurisdiction which can be called coram non judice, then and then only the convi...........................Respondent Judgment May 20, 2002. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A When a conviction and sentence is passed against a particular accused by the Special Tribunal upon consideration of th..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....by the learned Subordinate Judge in the aforesaid suit. The High Court Division declared that the impugned notice bearing No. ALC/681/76 dated 29.12.1976 is illegal and of no legal effect. It was also declared that possession of the suit land from the plaintiffs cannot be recovered except i......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......ore the filing of the suit by the respondents and the respondents having been dispossessed from the said land after the suit for declaration of title filed by the respondents was dismissed by the trial court, it cannot be said that the respondents were evicted from the said lands by an action ...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J K. M. Hasan J Military Estate officer, Dhaka Cantonment, Dhaka and another..........Appellants Vs. Sk. Mohammad Ali and others..........Respondents..Category: Property Law | Date: | Hits: 31
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
...., 1991 of the Court of Magistrate, 2nd Class, Kushtia, passed in G.R. Case No. 269 of 1990 convicting the appellants under Section 379 of the penal code and sentencing them to suffer rigorous imprisonment for 1 year and to pay fine of Tk. 1,000/- (one thousand) each, in default, to suffer rigoro......he investigating agency on completion of investigation submitted charge-sheet against the appellants under Sections 323, 379 and 411 of the Penal Code. At the time of trial the appellants were called upon to answer the charges under Sections 323, 379 and 411 of the penal code. Prosecution i......ttlement of the dispute. The investigating agency on completion of investigation submitted charge-sheet against the appellants under Sections 323, 379 and 411 of the Penal Code. At the time of trial the appellants were called upon to answer the charges under Sections 323, 379 and 411 of the ......DC (2004) 30. ..Category: Criminal Law | Date: | Hits: 34
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
.... 2001 from judgment and order dated 22.6.1999 of the High Court Division in Criminal Miscellaneous Case No. 3325 of 1997 filed under section 561A of the Code of Criminal Procedure making the rule absolute. 2. The facts in short are that the appellant as the complainant filed a complaint ca......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......he appellant submits that the accused respondent sought relief under section 561A of the Code of Criminal Procedure in Miscellaneous case No. 3325 of 1997 which is a subject matter of evidence and trial and can only be determined by taking evidence. 6. Further there is no bar on proceedin......udassir Husain J Abdul Aziz………………………………………Appellant Vs. Khaja Abdul Gani and others..........Respondents Judgment August 13, 2003. Cases Referred To- ..Category: Criminal Law | Date: | Hits: 45
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
.... No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 for declaration that the suit property is his personal property and that the suit property is not a play ground or an open field or a water reservio......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......ed with any further work and that the land being acquired land of RAJUK the plaintiff had no right, title and interest therein and thus, had no locus standi to file the suit. 5. The learned trial Court after hearing the parties decreed the suit making, amongst others, the following findi...... Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Shahabuddin Chisti …........Appellant Vs. Rajdhani Unnayan Katripakhya and another.........Respondents Judgment July 28, 2008. Case Referred To- ..Category: Property Law | Date: | Hits: 40
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....tional Sessions Judge, Tangail in Sessions Case No. 56 of 1987 convicting the accused-appellant under Sections 364 and 384 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 10 (ten) years and also to pay a fine of Tk. 25,000/-, in default, to suffer rigorous i......signed by the learned Advocate for the petitioner merits no consideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......arge-sheet against 4 accused since prima-facie case was made out against them under Sections 364/386 of the Penal Code. 5. The accused persons eventually were put on trial in the Court of Additional Sessions Judge, Tangail, who framed charge under Sectio......on-Record-For the Petitioner (In both the cases) Not represented- Respondents (In both the Cases) Criminal Petition for Leave to Appeal Nos. 498-99 of 2006. (From the judgment and order dated 4th April, 2005 passed by the High Court &nbs..Category: Criminal Law | Date: | Hits: 36
Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)
....o.1 dealt a lathi blow on the belly of Saker Ali. At the cry of P.Ws.1 and 2 the witnesses rushed to the place of occurrence and saw and heard narration of the occurrence. The accused persons at the approach of the witnesses fled away. 3. The defence plea is that the alleged occ......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ...... the learned Counsel for the petitioner and perused the impugned judgment and other connected papers on record. 6. The learned Counsel submits that the High Court Division observed that the trial Court (Additional District Magistrate) had no jurisdiction to frame charge under Section 307 ...... Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Review Petition No. 10 of 2008. (From the judgment and order dated 05.12.2007 passed by the Appellate Division in Criminal Petition for Leave to Appe..Category: Criminal Law | Date: | Hits: 38
Misir Ali and another Vs. State, 2007, 36 CLC (AD)
....were gained over by the convict appellant, 7. It appears that though P.Ws.2, 3 and 5 were gained over but P.Ws.1, 4, 6 and 7 supported the prosecution case and proved the case beyond reasonable doubt. 8. We find that the High Court Division has committed no illegality in mainta......shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......eipt of the record took cognizance of the allegations against the convict appellants under section 156(8) of the Customs Act read with Section 25B of the Special Powers Act, 1974 and after holding trial convicted and sentenced the convict appellants as aforesaid. 3. Defence of the convict......sp; Md. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Misir Ali and another………….............Petitioners Vs. The State&hell..Category: Criminal Law | Date: | Hits: 36
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
....9 of the Court of the learned Additional Sessions Judge, Kushtia wherein respondents were found guilty of the charge under Sections 302/34 of Bangladesh Penal Code and were sentenced to suffer imprisonment for life. The High Court Division by the impugned judgment found the respondents not guilt......ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ......hereafter the informant on hearing the alarm went to the place of occurrence and on seeing them accused persons filed away. Thereafter F.I.R. was lodged. Respondent along with others were placed on trial. The learned Additional Sessions Judge found them guilty and convicted and sentenced them as...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The State .............................Appellant Vs. Nantu Biswas and others…..........Respondents Judgment August 3, 2008. Cases Referred..Category: Criminal Law | Date: | Hits: 84
Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)
....min CJ.- This petition for leave to appeal is directed against the judgment and order dated 2nd December, 2007 passed by the High Court Division in Civil Revision No. 1810 of 2005 making the Rule absolute. 2. Short facts are that plaintiffs instituted Title Suit No. 324 of 1999 in the Cour......any cogent reason to differ with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......t appeal was heard by the learned Additional District Judge, 2nd Court, Dhaka who by the impugned judgment and order dated 23.11.2004 dismissed the appeal and affirmed the judgment of the trial Court. 5. The defendants moved the High Court Division in revisional jurisdiction agai......ellate Division (Civil) Present: Md. M.M.Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Subeder Major (Rtd.) Giasuddin Chowdhury and another …….......Petitioners Vs. Military Estate Officer, Central C..Category: Property Law | Date: | Hits: 22
Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)
....is petition for leave to appeal is directed against the judgment and order dated 26.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 3214 of 1997 making the Rule absolute. 2. Short facts are that the plaintiff instituted Title Suit No.76 of 1992 in th......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......red by limitation and his predecessor in interest took settlement of the entire suit land. Accordingly the S.A. Khatian was correctly prepared. So the suit is liable to be dismissed. 4. The trial court decreed the suit. On appeal the appellate court allowed the appeal and set aside the ju......rted in: VI ADC (2009) 243. ..Category: Property Law | Date: | Hits: 34
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....This appeal by leave by the defendants is directed against the judgment and order dated 24.6.1999 passed by the High Court Division in Civil Revision No. 1482 of 1996 making the rule absolute and thereby reversing the judgment and decree dated 29.07.1987 passed by Subordinate Judge, ......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......ers by proving the sale deeds and other documents including the rent receipts showing possession of the defendants in the suit land vide Exhts. D, E, F, H, I, J, K and L. Despite such proof the trial Court as well as the High Court Division decreed the suit by finding title and possession of ......llate Division (Civil) Present: M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Mojibar Matubbar and others ..........Appellants Vs. Abdul Hamid Matubbar being dead his heirs Md. Az..Category: Property Law | Date: | Hits: 25
Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)
....tiffs case, in short, is that the lands mentioned in the ‘Kha’ schedule in the plaint belonged to Horidash Sarker, and that he lived in the 'Kha' schedule land along with his wife and 2 sons. The defendant with a view to grabbing the entire paternal properties erected the deed of gift......are of the opinion that the appeal has got no merit and accordingly, the same is dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......ict Judge, 5th Court, Dhaka, in Title Appeal No. 333 of 1999 reversing those dated 31.05.1999 of the Assistant Judge, Savar Thana, Dhaka in Title Suit No. 181 of 1996 and remanding the suit for re-trial. 2. The appellant filed the suit for declaring that the 'Kha' schedule deed appearing......ondent Judgment July 1, 2008. Lawyers Involved: Alhaj Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 2004 (Fr..Category: Property Law | Date: | Hits: 24
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