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State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....ing out the word তখন and there is no initial against the correction made. The learned Advocate for the respondent has objected to the alleged statement as a whole and submitted that it was inadmissible not being a confession at all and the only sentence relied upon by the State was nothin......s Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ..Category: Criminal Law | Date: | Hits: 115
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
.... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......y the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment April 9th, 1997 Lawyers Involved: MA Wahhab Miah, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellant. Mvi. Md.......lectrically-charged torchlight do not come within the definition of “arms” or “ammunition” within the meaning of section 4 of the Arms Act, 1878. He has taken us through the evidence of PWs 1-4 who have uniformly deposed that only a rope and an electrically-charged torchli..Category: Criminal Law | Date: | Hits: 98
Nurul Hussain Vs. Government of the Republic of Bangladesh, 1997, 26 CLC (AD)
....mitted to raise the same questions in different form. There is no occasion for review. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 108 ......eported in: 49 DLR (AD) (1997) 108 ......f the order dismissing his leave petition. 3. Mr. Md. Nurul Huq, learned Advocate for the petitioner, argued that the petitioner was found guilty of the alleged misconduct without any evidence whatsoever, that the act alleged against the petitioner was not in violation of either any..Category: Administrative Law | Date: | Hits: 112
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ......r Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Surat Sarder and others……………………. Appellants Vs. Afzal Hossain and others…………………Respondents Judgment ......ower of Attorney executed on 29-3-63 in favour of said Fakir Mohammed and they being the successors of said Fakir Mohammed are the owners in possession of the suit land. 4. Considering the evidence of 7 PWs and 3 DWs and the documentary evidence, the trial Court decreed the suit in part ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......(1997) 96 ......or declaration without a prayer for cancellation of the document and payment of ad valorem court fee was not maintainable. He was also of the view that a written document could not be refuted by oral evidence alone and that the question of limitation which was raised by the parties could not be deci..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ...... Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ali Ahmed and others ………………Appellants (In both the Appeals) Vs. Nazimuddin Patwary being dead, his heirs Azimuddin Patwary and others …………&hel......d 17 of 1988 are directed against the said judgement and decree of the High Court Division. 8. Leave was granted to consider whether the High Court Division was justified in reassessing the evidence as to the date of demand for reconveyance within Magh 1365 BS and coming to the findings t..Category: Property Law | Date: | Hits: 60
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ......ate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ ......ne one. 4. At the trial the plaintiff examined as many as 3 witnesses and proved several documents in support of her claim. The defendant did not examine any witness nor did she produce any evidence besides cross-examining PW 1. 5. The trial Court, on consideration of the facts and..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
.... result, this appeal is allowed with costs and the impugned judgment and order of the High Court Division stand set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 73 ...... Vs. Lutfe Ali Chowdhury and others………………… Respondents Judgment August 21, 1996 Cases Referred to- Gopeekrist Gossain vs. Oungapershad Gossain (1854) 6 MIA 53; Nurjahan Begum vs. Mahmudur Rahman 34 DLR (AD) 61; Bil....... He further found that without a prayer for khas possession the suit was barred under section 42 of the Specific Relief Act. In arriving at his decision the learned Munsif considered the material evidence on record keeping in view the principles governing the determination of the question wheth..Category: Procedural Law | Date: | Hits: 140
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ......hellip;.. Appellant Vs. Shamsuzzoha and others............ Respondents Judgment November 5th, 1996 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Re......s they do a share in the suit property through their mother Asia Khatun the plaintiffs have the onus to prove their prima facie title to the Suit properly. The trial Court found that both from the evidence of the plaintiffs and the defendants the gift of 0.08 acres of land to defendant No. ..Category: Property Law | Date: | Hits: 77
Reazuddin Ahmed (Md) Vs. State and another, 1996, 25 CLC (AD)
....on as well as the order of conviction and sentence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......tence passed against the appellant under section 406 of the Penal Code. Ed. This Case is also reported in: 49 DLR (AD) (1997) 64; 1997 BLD (AD) 123. ......not appear in Court and the trial was held in absentia under section 339B of the Code of Criminal Procedure. Prosecution examined six witnesses including the complainant PW 1. In consideration of the evidence the trial Magistrate found the appellant guilty under section 406 of the Penal Code and acc..Category: Criminal Law | Date: | Hits: 78
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ......;……………………………….Respondents Judgment July 25, 1996. Lawyers Involved: Khondaker Mahbubuddin Ahmed, Senior Advocate, MA Wahab Miah, Advocate with him, instructed by Sharifuddin Chaklader, A......ceable since the liberation of Bangladesh and the Circle Officer, Haluaghat took over the possession of the said property on 6 May, 1972 not to release it before 15 May, 1974. There is nothing in evidence to indicate that the plaintiff had actually taken possession of the suit property in pursu..Category: Property Law | Date: | Hits: 72
Mobarak Ali and others Vs. Mobaswir Ali and others, 1997, 26 CLC (AD)
....s under section 245(1) of the Code of Criminal Procedure. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......e. For the foregoing reasons, the appeal is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 36 ......PW I in the GR Case was a mere witness and whether only one of the victims of the incident had any locus standi to represent the State and depose that he would not prosecute the case or adduce any evidence in the case on his behalf. Leave was also granted to consider whether it was the duty of t..Category: Criminal Law | Date: | Hits: 68
State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)
....ave already taken place. For the reasons stated above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......above the appeal is dismissed subject to the modification as above. Ed. This case is also reported in: 49 DLR (AD) (1997) 32 ......e stage the State and the defence lawyers agreed that since PWs were already examined in the Special Martial Law Court and argument was partly heard there, there was no necessity of adducing fresh evidence in the case and accordingly, no evidence was taken and it was treated as closed. Then came..Category: Criminal Law | Date: | Hits: 120
Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)
....ellant should be given locus standi to maintain the writ petition on their behalf. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 1, 17 BLD (AD) 1997, 1; 1 BLC (AD) (1996) 189. ......Division Judgment Here. Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Dr. Mohiuddin Farooque……………………………………………………………………..Appellant...... alleged that they had no participation in the project and that they were not willing to be the subject of an experiment risking their lives and livelihood. The petitioner-appellant annexed copies of evidence of local complaints as Annexure-F series. 24. Dr. Mohiuddin Farooque learned Advocate ap..Category: Constitutional Law | Date: | Hits: 450
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
....e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ...... Yusuf Ahmed & another……………….Respondent Judgment July 9, 1997. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 15 Requirement of the demised premises for an adult son ......ged Chairman of a Kindergarten School namely Sunflower Kindergarten for 2 years at a monthly rental of Taka 2,000.00 per month, the courts below erred in law in accepting the alleged lease deed in evidence and marking the, same as Ext. 1 in contravention of the provisions of section 107 of the T..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ......ip;……………….. Respondents Judgment June 4, 1997. The Code of Civil Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be all...... Works and another Mr. Mizanur Rahman, office assistant of the Government Pleader, as PW 2 and the plaintiff examined only himself as PW 1. 9. The trial Court on consideration of the evidence on record disbelieved the case of the appellants that they had come to know for the first ..Category: Property Law | Date: | Hits: 76
Bangladesh Vs. AKM Yousuf Mia & others, 1998, 27 CLC (AD)
....trative Appellate Tribunal is set aside and that of the Administrative Tribunal is restored. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 200; II ADC (2005) 520. ......afa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People’s Republic of Bangladesh, represented by the Secretary Ministry of Post and Telegraph, Bangladesh Secretariat, Dhaka…………&hellip......d participated in the enquiry proceeding. The enquiry officer found him guilty of the charge. Accordingly, second show cause notice was issued on 17-7-86 by registered post. On consideration of the evidence and other materials on record the concerned authority dismissed him from service on 2-5-86..Category: Administrative Law | Date: | Hits: 119
Bangladesh Krishi Bank Vs. Meghna Enterprises and another, 1998, 27 CLC (AD)
....ourt Division is not sustainable in law. Consequently, both the appeals are allowed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 194; 52 DLR (AD) (2000) 57. ...... March 1, 1998. The Public Demands Recovery Act, 1913 (III of 1913), Section 10A The Constitution of Bangladesh, 1972, Article 65(1) Articles 27 & 31 All the defaulting borrowers of Krishi Bank are entitled to equal protection of law provided by the Act by way of ......igated. Further, Sub-article (3) of Article 21 of the Order also excludes the application of section 7, service of notice, section 9, filing the petition denying the liabilities, section 10, taking evidence and determination of the amount claimed under the said Act. Thus reading both the statutes..Category: Business or Commercial Law | Date: | Hits: 150
....eived because he himself could set aside the order of the CMM which was actually prayed for.
All the petitions are dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 189.
......orted in: 50 DLR (AD) (1998) 189.
...... behind the provision has been satisfied by the decision of the Commission before filing of the report.
11. The objection in any case is based on a disputed fact which cannot be resolved without evidence. From the impugned judgment it appears that there is a dispute over the date 1-4-97 as it a..
Category: Business or Commercial Law | Date: | Hits: 163
Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)
....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ......malendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others……………… Appellants Vs. Mahbubuddin Ahmed……...Respondents. Judgment February 2, 1998. ......ntral Jail. Upon a writ petition filed on his behalf he was set free from detention by the High Court Division. He was also exonerated from various criminal cases instituted against him for want of evidence. After his release from Dhaka Central Jail on 18-8-77 he reported his joining at the Estab..Category: Administrative Law | Date: | Hits: 125
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