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Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)
....d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ......plaintiffs did not adduce any evidence to prove their case of adverse posÂsession rather they relied upon Exts. 1, 2 & 3 the receipt, bainapatra and kabala in support of their title. 16. The principle of law is that the case of adverse possession must be specifically pleaded in the pleading......Kumudini Saha who in her turn, bequeathed it to defendant No. 1 on the basis of a will executed by her. DefenÂdant No. 1 obtained probate of the will in 1979. In 1984 the plaintiffs brought the suit for declaration of their title to the said propÂerty and confirmation of possession therein. An alt......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..Category: Property Law | Date: 4 Jul, 2005 | Hits: 127
Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)
....st of Rajshahi University. But on perusal of the appelÂlate Court judgment it appears that the appelÂlate Court has thoroughly misconceived the suit and its sprite. The trial Court complying the guiding principles for passing an order of temporary injunction and being satisfied he granted the ......fication in any dailies for such appointments and the appointments were made by the defendant nos.2 and 3 secretly by misusing their power to make the University a 'Lilla Boarding' and against the principle of natural justice on nepotism and favouritism instead of following the rules and procedu......aking evidence on trial and not in the interlocutory matter.………………………..(18) Humanitarian consideration and emotional thoughts cannot substitute legal consideration and ground for passing a judgÂment and order by the court at the cost of the people of the country………â€......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is afÂfirmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ..Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7
Md. Joinul Abedin Vs. Government of Peoples' Republic of Bangladesh, 2005, 34 CLC (HCD)
....bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ......ent June 22, 2005. Result: The Rule is made absolute. There was no allegation of misconduct or incompetency against the petitioner and he was condemned unheard in violation of the principle of natural justice. Only the Managing Committee of the Madrasa can terminate the petitione......pondent No.6, the Superintendent and Member-Secretary of Doho Shuho Dakhil Madrasha, on behalf of the managing committee put up an advertisement in the Daily Uttara on 6.12.2001 inviting applications for the post of Assistant Superintendent of the said Madrasha. In response to the said advertisement......bsp; This Case is also Reported in: 26 BLD (HCD) (2007) 306. ..Category: Civil Law | Date: 22 Jun, 2005 | Hits: 3
Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)
.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......f section 85 of the SAT Act……………...............(9) Since the instant suit is a Civil Suit but appeal pending in the Bhumi Appeal Board is not a Civil Suit, the principle of res judicata will not be claimed here…………(12) Lawyers ...... 12‑6‑2000 and 21‑6-2000 respectively passed by the learned Senior Assistant Judge, Sadar Court, Tangail, in Other Class Suit No.114 of 1996 dismissing the suit. 2. The facts involved for disposal of the Rule are as follows: The case of the plaintiff-petitioners as per averment ...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ..Category: Property Law | Date: 19 Jun, 2005 | Hits: 3
Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)
....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513. ......her convict-appellant can be adorned with a verdict of acquittal on a finding of his innocence of the charge staged against him. 23. In approaching and answering to the questions posed, cardinal principles of Criminal Jurisprudence in awarding conviction followed by a consequential sentence upo...... across such a weird scenario as the present ease has bestowed in a murder episode of a lady-two diametrically divergent versions, one set on roll by husband of deceased lady on lodgment of a first information report with Police Station which was drafted and processed by father of deceased lady and ......nd all reasonable doubt. 22. In the wake of rival submissions at the Bar and in the face of evidence, materials on record and fact and circumstances of the case, the following points outlast for determination in the appeal or, to put it differently, the destiny of this Appeal hinges on answers ..Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7
Emarat Ali Vs. State, 2005, 34 CLC (HCD)
....ppeal and dispose of the case preferably within 2(two) months from the date of receipt of the record. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 620. ......of of rash driving or riding on any public way is essential. The prosecution has the obligation of proving relevant facts from which the inference of negligence can be drawn. 23. The established principle of criminal jurisprudence is that the burden of proving an offence lies on the prosecution......5. Result: The Rule is made absolute. Under section 5 of the Limitation Act, the petitioner is entitled to condonation of delay if he can satisfy the court that he had sufficient cause for not making the application within the period fixed by statute. Where the Court before exerc......ions Judge in Criminal Appeal No.312 of 2001 the accused petitioner preferred this revisional application and the learned Metropolitan Magistrate, who framed obtained the Rule. 11. The point for determination is, whether the learned Metropolitan Sessions Judge is justified in passing the impugn..Category: Criminal Law, Limitation Law | Date: 14 Jun, 2005 | Hits: 1
Khaled Ahmed Chowdhury Vs. State, 2005, 34 CLC (HCD)
....ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ......ot to be understood to have laid down any law that Article 181 of the Limitation Act, 1908 governs an application under section 115 of the Code of Civil Procedure. It merely laid down emphasis on the principle that the High Court's power to revise an order suo motu is not restricted by any time ......ued calling upon the Deputy Commissioner, Dhaka to show cause as to why the delay of 1710 days in filing the Criminal revisional application should not be condoned. 2. Heard the learned Advocate for the petitioner and learned Assistant Attorney-General for the State. Perused the application and......ind no merit in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 57 DLR (2005) 694. ..Category: Limitation Law | Date: 13 Jun, 2005 | Hits: 2
Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)
....dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ......ut jurisdiction or made any finding upon no evidence or without conÂsidering any material evidence or fact causing prejudice to the complaining party, or it has acted malafide or in violation of the principle of natural justice. In such view of the matter, the scope of enquiry in this Rule with ref......inistry of Works, Dhaka Vs. Mr. KM Zakir Hossain and others, 2003 BLD (AD) 24 = 8 BLC (AD) 27; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 46 DLR (AD) 9. Lawyers Involved: Lutfor Rahman Akand, Advocates - For the Petitioners. MA Azim Khair, Deputy Attorney-General -......rder of the First Court of Settlement, Dhaka. The High Court Division exercising power under Article 102 of the Constitution does not act as a Court of Appeal and, as such, it is not required to make determination of facts on its own. It can interfere with the findings of a Court of Facts under its ..Category: Property Law | Date: 25 May, 2005 | Hits: 33
Abdul Momen Chowdhury and others Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ......ent and not a judicial function." 5. He also referred to the case of Rashid Ahmed Vs. The State reported in 21 DLR (SC) 297. In that case also Pakistan Supreme Court held "Keening this principle in view, as also the Principle that in constitutional-Provision conferring a right th......thers............Petitioner Vs. Bangladesh and others.............................Respondents Judgment May 24, 2005. Result: The Rule is made absolute. Directions sought for the petition to be allowed. Cases Referred to- Mujibur Rahman Vs. Bangladesh, 44 DLR (......respondent No.1 is directed to provide necessary logistic support for the purpose to the respondent No.2. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 9. ..Category: Election Law | Date: 24 May, 2005 | Hits: 11
New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)
....de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ...... associated with such products. In other words, in a legal regime as this the interest of the consumers-members of the public must be held to always reign supreme. That this ought to be the governing principle is abundantly clear in the Judgment in H.R. Desai Vs. B.M. Batliwala reported in AIR 1958 ......-in-interest of the Petitioner") who, being engaged in the business of manufacturing, importing and marketing of powder milk, butter oil, condensed milk etc. including milk products in all their forms in Class- 29 throughout the world and having acquired a reputation for the unrivalled quality ......as submitted that the notion of a person aggrieved as envisaged in Section 46(2) is one permitting of a broad interpretation as has been judicially endorsed. Mr. Islam submits in this regard that the determination of the standing of the Petitioner as a person aggrieved is one of recognizing that the..Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187
Sheikh Abdul Quddus Vs. Akram Sheikh @ Akram and others, 2005, 34 CLC (HCD)
....ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ......e the evidence. Scrutinizing the evidence I find that there is no such contradiction between the first information report and the story that was made out in the course of trial. It is the established principle of law that the evidence adduced during trial will be accepted. So, it appears that the le......mber of witnesses, nor the quantity of evidence is material. It is the quality that matters. It appears that the accused persons are "daredevils of the locality". No one was willing to come forward to depose against them. In such circumstances there should not be insistence that there shou......ate of receipt of this order to serve out their remaining portion of sentence imposed upon them. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (HCD)(2005) 650. ..Category: Evidence Law | Date: 16 May, 2005 | Hits: 4
State Vs. Md. Mominul, Md. Kalam, A. Rouf & A. Sabur, 2005, 34 CLC (AD)
.... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ......earned Sessions Judge upon examination of the record and the materials along with it and hearing the parties framed charges against the accused including the accused-respondents. 12. The principle of quashing proceeding has been formulated in the celebrated decision in the case of Abdul......r Razzaque Khan, Additional Attorney General (Abdur Rouf, Deputy Attorney General and Faisal H. Khan, Assistant Attorney General with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record, for the Appellant (in all the appeals). T.H. Khan, Senior Advocate, (Habibul Islam...... the accused-respondents in the case are hereby set aside and the accused respondents are directed to appear before the trial Court to face the trial in accordance with law. Ed. ..Category: Criminal Law | Date: 16 May, 2005 | Hits: 105
Sec. Min. of Works and Urban Dev., Govt. of BD & ors Vs. Rowshan Ara Begum & anr, 2005, 34 CLC (AD)
....background of the discussions made hereinabove we find merit in the appeal. 18. Accordingly, the appeal is allowed. There is no order as to costs. Ed. ......ithout jurisdiction or made any finding upon no evidence or not considering any material evidence/facts causing prejudice to the complaining party or that it had acted malafide or in violation of any principle of natural justice. In the absence of any of these conditions the interference by the High......d the case and thereupon declared that the property in question is an abandoned property and the listing thereof is quite legal. 3. The case of the respondent No. 1, who was petitioner before the Court of Settlement, was that property in question was allotted on 24‑8‑1957 to......t of appeal and this has been held in the case of Government of Bangladesh vs. Md. Jalil and others reported in 48 DLR (AD) 10 "The High Court Division was not a Court of appeal required to make determination of facts on its own. It could interfere with the findings of a tribunal of fact under ..Category: Property Law | Date: 15 May, 2005 | Hits: 120
Jamuna Builders Ltd. and another Vs. Rajdhani Unnayan Kartripakkha and another, 2005, 34 CLC (HCD)
.... the Building Construction Rules, 1996. In the result, the Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 762. ......he Minister was issued without issuing any prior notice for showing cause and without giving, the petitioner an opportunity of personal hearing and, as such, the respondents have grossly violated the principles of natural justice and also violated the fundamental rights of the petitioner No.2 guaran......5/2202/599/Stha: dated 17‑11‑2002 (Annexure-A) should not be declared to have been issued without lawful authority and is of no legal effect and why the respondents should not be directed to give formal sanction to the proposed plan of the project on the basis of application dated 12‑9‑01 an...... issued the notice for dismantling the building in accordance with law as no plan was approved for the construction of the Complex by the respondent No.2. 9. The main question that falls for our determination in the case is, whether the respondents in view of the strange and unusual facts ..Category: Administrative Law, Company Law | Date: 9 May, 2005 | Hits: 9
Md. Abdul Halim Miah and others Vs. Bangladesh and Other, 2005, 34 CLC (AD)
....received our due notice in the judgment sought to be reviewed." These petitions are, accordingly, disÂmissed. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 10, 12 MLR (AD) 2007, 209 ......ioners submitted that this Division consisting of 3(three) Judges' Bench illegally did not folÂlow the decision of the 5(five) Judges' Bench of this Division reported in 46 DLR(AD)19 contrary to the principle of the doctrine of binding precedent requiring that a judgment of the larger Bench should ......h Packages Ltd. Vs. Member, Labour Appellate Court, Dhaka and others, 52 DLR (AD) 160. Lawyers Involved: Abdul Wadud Bhuiyan, Senior AdÂvocate, instructed by Fakhrul Islam, Advocate-on-Record, for the petitioners. (In Civil Review Petition 44, 45 & 51 of 2004). T.H. Khan, Senior Advoca......purview of sub-clause (Gha) has been left undecided by the High Court Division and as such this need not be inÂterpreted in these appeals, particularly when its interpretation depends upon facÂtual determination of certain question. He has also argued that a case in respect off this very question ..Category: Employment/Service Law | Date: 9 May, 2005 | Hits: 119
Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)
....landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ......ested the suit by filing written statement denying the material allegation as made in the plaint and stated that the suit is not maintainable in its present form, barred by limitation and by the principle of estoppel and res judicata and no notice was properly served under section 106 of the Tr......e set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioner filed SCC Suit No.10 of 1995 dated 11-10-1995 in the SCC Court, Rajshahi for a decree for eviction of defendant No.1 from the suit premises as mentioned in the schedule of t......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ..Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25
Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)
....he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ......learned Counsel submits that in the absence of money element proviso to section 17 (1) of the Act has no application to a decree of the SCC Court and that as the ex parte decree being negation of the principle of hearing the other side and that as the appellant who was a defendant in the SCC suit be......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦..Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause su......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..Category: Civil Law | Date: 2 May, 2005 | Hits: 119
Montu and others Vs. State, 2005, 34 CLC (HCD)
....n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ......ng of the informant damaged articles worth Taka 25,000 has no legal value in the eye of law unless such allegations are not established by convincing and credible evidence. 27. It is established principle of Criminal Jurisprudence that the prosecution has to prove the case beyond all reasonable......gail PS Case No.19 dated 24‑2‑2004 convictin the petitioners under section 4(1) of the Ain Sringkhola Bignokari Aparadh (Druta Bichar) 2002 sentencing each of them to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 5,000 each in default to suffer simple imprisonment for ......n dated 23‑5‑2004 passed by the learned Magistrate, First Class, Tangail is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 504. ..Category: Criminal Law | Date: 20 Apr, 2005 | Hits: 1
Sohel Rana (Md.) Sohel Rana (Md.) Vs. State, 2005, 34 CLC (HCD)
....or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ......or information and necessary action. Send down the lower Tribunal records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 591. ...... of 2001 convicting the jail appellant Md. Sohel Rana under section 9(1) of the Nari‑o‑Shishu Nirjatan Daman Ain, 2000 (in short, Ain, 2000) and sentencing him thereunder to rigorous imprisonment for life and to a fine of Taka 50,000 in default of payment of fine to rigorous imprisonment for fur......ng treatment. While rejecting his bail application the learned Tribunal directed medical examination of the jail appellant for determining his age (Ref. Order No.13 dated 18‑5‑2002). The said age determination report is on the record of the tribunal below forming sheet Nos. 18 Ka and 19 of the A..Category: Criminal Law, Women and Children | Date: 19 Apr, 2005 | Hits: 1
Rafiqul Islam Mollah (Md.) Vs. State, 2005, 34 CLC (HCD)
....ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ted and the accused appellant is sentenced to suffer imprisonment for life for the offence under section 302 of the Penal Code. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 581. ......ash; For the Condemned Prisoner. Death Reference No. 19 of 2003 Judgment Sikder Maqbul Huq J. - This death reference under section 374 of the Code of Criminal Procedure is for confirmation of death sentence inflicted upon the condemned accused Rafiqul Islam Mollah for the......s. The learned State Defence Lawyer also referred to the decision in the case of Arzan @ Iman Ali Vs. State, reported in 48 DLR 287 also having no relevance in the case before us. 13. Points for determination: (1) Whether the accused committed murder of his wife Salina Begum as alleged? ..Category: Criminal Law | Date: 19 Apr, 2005 | Hits: 6
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