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Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)
....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......cord. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......p; December 8, 1999. The Evidence Act, 1872 (I of 1872), Section 5 When the sentence passed by the trial court is based on sufficient reliable legal evidence on record finding the accused not guilty by the High Court Division placing no reliance up..Category: Criminal Law | Date: | Hits: 64
Khalilur Rahman (Md) Vs. Government of Bangladesh and others, 2000, 29 CLC (AD)
....e learned Advocate for the petitioner. There is no substance in this petition. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 115. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Mahmudul Amin Choudhury J Khalilur Rahman (Md)………… ……&hellip......977 (II of 1977), Section 21 In writ jurisdiction under article 102 of the constitution variation of population of constituencies can not be resolved as it requires adjudication on facts on evidence. Chairman of a pourashava can not be an aggrieved person within the meaning of article 102..Category: Others | Date: | Hits: 82
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......; Islami Bank Bangladesh Limited………………….Appellant Vs. Al-Haj Md Shafiuddin Howlader& another……………...Respondent Judgment Fe......he date of hearing of the suit and as such appellant could not proceed with the suit. Respondent No. 1 contested the case denying the aforesaid allegations of the appellant. On consideration of the evidence on record Artha Rin Adalat found that Advocate of the appellant had been to Dhaka for his..Category: Business or Commercial Law | Date: | Hits: 104
Jharna Rani Saha Vs. Khondaker Zayedul Hoque alias Jahangir and another , 2000, 29 CLC (AD)
....ness at trial and the Court will ensure her attendance that case. In the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ...... the result, the appeal is allowed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 66. ......hest court has the best opportunity to decide the matter of custody since all the facts are before the Court and the matter need not be made a subject of further proceeding. He submits that primary evidence being there that the girl is minor and that she is the victim of an offence, she should b..Category: Criminal Law | Date: | Hits: 48
Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ...... the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......……..Respondent Judgment November 23, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Sections 423 & 424 There is no illegality in not discarding the evidence of eye witnesses on the ground of close relationship as ocular evidence cannot be disbelie..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ......Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Qaiyum Khan and Others………….Petitioners Vs. Sudarshan Singh and others……………..Respondent Judgment &n......e lower appellate Court. This issue was raised for the first time in revision and the High Court Division rightly found that the plaint contains sufficient descriptions of the suit land and in the evidence of the plaintiffs also the suit land has been sufficiently described. 3. We do n..Category: Civil Law | Date: | Hits: 127
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......il Revision No. 4687 of 1999, Here. Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Mahbubul Haque (Md.)………………. Defendant No.1-......V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decision on framing specific issue by the trial court and on such..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......p; June 15, 1999. The Bangladesh Transfer of Immovable Property (Temporary Provision) Order, 1972 (President’s Order No. 142 of 1972), Article 6 Non-joinder of party in a suit should be raised at the earliest opportunity. Lawyers Involve...... was refused by the defendants on 29 October 1979 in spite of tender of the money in accordance with the terms of the agreement. 2. The trial Court decreed the suit in consideration of the evidence on record. The contesting defendants preferred an appeal therefrom but lost. Thereupon the..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......bsp; June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a party to the kabala, prayer for cancellation of the same is not necessary. The p......d kabala deed. As such, he submits, no value should have been attached to the opinion of the handwriting experts. 6. The execution of the impugned kabala deed has been proved by the ocular evidence of PW 2, son of the executant, who has identified and proved the signature of his father ..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......41. ......ound that the pre emptor was a co-sharer in the land as the partition decree was not executed in full and that the tenancy of the pre-emptor and the vendors were still ejmali and that there was no evidence that the ejmali property was separated. A learned Single Judge of the High Court Division ..Category: Property Law | Date: | Hits: 57
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ...... others ………….. Respondents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave……..(4) ......Abdur Jabbar Dewan and others ………….. Respondents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave…&..Category: Property Law | Date: | Hits: 73
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ......ellip;…Respondent Judgment February 7, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 Pendency of a suit for specific performance of contract in respect of the premises in which the respondent obtained a decree for ejectment against the peti......Farooq entering caveat for the respondent, on the other hand, contends that the findings of the High Court Division that the respondent is not getting rent for 18 years is based on consideration of evidence and, as such, it does not give rise to any important question of law to be decided by this..Category: Property Law | Date: | Hits: 87
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......ith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......have no chance of seeing the suspects Primary object of identification proceedings is to test the ability of the witness to identify a suspected person and to ascertain whether there is sufficient evidence to place him on trial. A Magistrate is chosen merely as a person whose impartiality and ho..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... lawful authority insofar as they relate to Soda Ash Light. In the result, the two appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ...... Ed. This Case is also Reported in: 52 DLR (AD) (2000) 1. ......l 4000 metric tons of Soda Ash Light at the rate of US $ 127.80 per metric ton. The offer is in respect of a letter from the said Corporation dated 24-5-92 and the reply is dated 15-3-95. There is no evidence that this order was placed by the said Corporation at the said rate and that the consignmen..Category: Business or Commercial Law | Date: | Hits: 165
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ...... (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-For the Appellant ......t the stage of assessment and at the appellate stage there was no scope for admitting fresh materials in the disposal of the appeals, because there is no provision in the said Act for taking fresh evidence or materials at the appellate stage. Finally, the High Court Division held that as the App..Category: Fiscal/Taxation Law | Date: | Hits: 120
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......(Md)…………… …………….Defendant-Petitioner Vs. Abdul Hamid and others……………… Plaintiff-Respondent Judgment April 23, 1995. Lawyers Involved: Syed Dasta...... for recovery of the possession. In the present case, the learned Single Judge of the High Court Division accepted the finding of the trial Court that the plaintiff has been able to prove by cogent evidence that Abdul Khaleque, defendant No. 2, was a tenant under the plaintiff on the date of hand..Category: Property Law | Date: | Hits: 61
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ...... Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Sirajul Islam Chowdhury and others ……………Appellants Vs. Md. Jainal Abedin & ors………………. Respondents Judgment ......tnesses. Both exhibited a fairly good number of documents. 5. Both the trial Court and the High Court Division concurrently held upon an exhaustive consideration of the oral and documentary evidence on record that the appellant’s vessel Banglar Kheya forcibly beached in the plaintif..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Government of Bangladesh Vs. Ashraf Ali @ Ashraf Ali and another, 1997, 26 CLC (AD)
.... those of the Court of Settlement are restored. Accordingly, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 161 ......ellip;………………….. Respondents Judgment November 26th, 1996 Lawyers Involved: AW Bhuiyan, Additional Attorney-General, instructed by Mr B Hossain, Advocate-on- Record—For the Appellant Khandker Mahbubuddi......possession of the building since 12.8-1975, that Md. Nasim had not mutated his name in the Government records including that of the Housing and Settlement Department and that there was no reliable evidence of possession either of Md. Nasim or of the writ petitioner before taking over possession ..Category: Property Law | Date: | Hits: 89
State Vs. Abdul Khaleque alias Abdul Khaleq Howlader, 1997, 26 CLC (AD)
....nt Bench. The respondent will continue to remain on the same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... same bail already granted to him till the disposal of the appeal. Ed. This case is also reported in: 49 DLR (AD) (1997) 154 ...... accused which ended in acquittal. 9. Of the 16 prosecution witnesses there were 7 eye-witnesses of the occurrence, namely, PWs 1-4, 6, 8 and 10. Others are official and formal witnesses and evidence of some is of corroborative nature. 10. The learned Sessions Judge upon a consider..Category: Criminal Law | Date: | Hits: 77
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ......lip;……. Respondent Judgment January 8, 1997. Lawyers Involved: Maksudur Rahman, Senior Advocate (Mahbubey Alam with him) instructed by Aftab Hossain Advocates-on-Record - For the Appellants. Zakir Hossain, instr......the property. 5. The defendant appellants then made this appeal only to consider whether the High Court Division decreed the suit on erroneous assumptions and conjectures when there was no evidence to substantiate the plaintiff’s claims along with some other grounds which were not ..Category: Property Law | Date: | Hits: 72
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