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Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)
....wed without any order as to costs. The impugned judgment and decree passed by the High Court Division are set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 150. ......nt Judgment November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract with resp......ision but it neither flied any written statement nor opposed the suit or the appeal. No petition for leave to appeal was filed by the Government against the impugned judgment. On the one hand, the evidence produced shows that the Revenue Officers of the Government demanded and realized land deve..Category: Administrative Law | Date: | Hits: 130
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......d, who is a party to the case. The High Court Division rightly did not encourage a transfer on a mere apprehension……(5) Lawyers Involved: MA Wahhab Miah, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented-......p;…….Respondents Judgment July 13, 1998. The Code of Civil Procedure, 1908 (V of 1908), Section 24(1)(b)(i) The petitioner has not given any hard evidence of the trial Court’s fear or favour of and for the District Judge concerned, who is ..Category: Property Law | Date: | Hits: 71
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......lendu Bikash Roy Choudhury J
Mohibul Ahsan (Md) (Shawan), Director, Ittefaq Group of Publication and others …………. Petitioner
Vs.
Ittefaq Group of Publication Ltd. represented by Mainul Hosein Executive Director 1 and others ……….. Respondents
Judgment
June 30, 1998....... High Court Division of non consideration of the said provision or any provision without making any submission before it on the basis thereof. However, the sub-section in question lays down a rule of evidence which can be invoked subject to proof of minutes of the proceeding of the meeting having be..
Category: Business or Commercial Law | Date: | Hits: 121
Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)
....The order of conviction is therefore set aside. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......isposed of in the above terms. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 128. ......eception practiced upon him did not know the contents of the document and in such state he was made to execute the document by the accused. Moreover for a conviction of forgery there must be clear evidence as to the above facts which are the ingredients of the offence………&hell..Category: Criminal Law | Date: | Hits: 92
Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)
....o other point has been urged. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......nce. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 126. ......y extends to the voluntary causing of death if the offence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or was about to carry on..Category: Criminal Law | Date: | Hits: 96
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ...... if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There having no evidence on record that the alleged axe blow by the appellant is alone responsible for causing deat..Category: Criminal Law | Date: | Hits: 104
Nurul Islam (Md) Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain & ors., 1997, 26 CLC (AD)
.... of reversal and is not sustainable in law. Accordingly, we allow the appeal without, however, any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 114. ...... Present: Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Nurul Islam (Md) …… Appellant Vs. Md. Ali Hossain Mia being dead his heirs Amir Hossain and ors ……….Respondents Judgment Ma......reafter since May 10, 1986 the defendant has been depositing regularly the rent in the Court of House rent Controller, in House Rent Case No. 38 of 1986. 4. Besides production of documentary evidence the plaintiff examined 4 witnesses including himself as PW 1 and the defendant examined 3 w..Category: Tenancy Law | Date: | Hits: 93
Major (Retd) Ashrafuddin Sekander & Bernhard Rudigar and another Vs. State, 1998, 27 CLC (AD)
....ce of accused-appellant is reduced to rigorous imprisonment for 7 years and fine is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......e is remitted. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 108. ......5,000.00, in default to suffer RI for 3 years more. Accused Moksudur Rahman and Air Commodore (Retd) Mainul Islam (absconder) were acquitted of the charge under section 25D of said Act for want of evidence. 2. The present appellants and accused Abu Taher Miah preferred separate app..Category: Criminal Law | Date: | Hits: 130
Chalna Marine Products Ltd. Vs. Reliance Insurance Ltd. and others, 1997, 28 CLC (AD)
....e judgment and decree of the trial Court is restored. Civil Petition for Leave to Appeal No.236 of 1997 is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 100. ......late Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Chalna Marine Products Ltd…………………………&hel......ion of the stock of shrimps and prawns and of the damaged cartons given in detail in the schedule referred to in, and appended to the plaint. 5. The learned Subordinate Judge recorded the evidence adduced by five witnesses of the plaintiff-appellant and three witnesses of defendant- res..Category: Business or Commercial Law | Date: | Hits: 147
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Shahabuddin (Md) & others…………. Petitioners Vs. Habibur Rah...... Judgment May 15, 1996. The Code of Civil Procedure, 1908 (V of 1908) Order VII rule 11 The question of limitation being a question to be decided on examination of evidence and documents and also considering the relevant law in view of the reliefs prayed for, at ..Category: Property Law | Date: | Hits: 52
Abul Hossain Mollah alias Abu Mollah Vs. State, 1997, 26 CLC (AD)
....rgone and remitting the sentence of fine. Let the appellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......ppellant be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 96. ......ame of his uncle recorded under mutation Case No. IXP-1-2239/80-81 in the Revenue Office, Kashiani Upazila. The appellant however denied the charge and claimed to be innocent. On consideration of the evidence of 10 prosecution witnesses the defence examining none, the trial Court found the appellant..Category: Anti-Corruption Laws | Date: | Hits: 71
Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
.... the land in suit and that the suit was barred by limitation and adverse possession. In coming to its conclusion the learned Judge took the view that the certified copy of the registered patta was inadmissible in the absence of any explanation for non-production of the original and that there wa......hellip;……..Respondents Judgment January 19, 1997. The Code of Civil Procedure, 1908 (V of 1908), Section 100 (Repealed) In a second appeal findings of fact cannot be reversed unless those are vitiated by misreading of evidence or non-consi....... The Code of Civil Procedure, 1908 (V of 1908), Section 100 (Repealed) In a second appeal findings of fact cannot be reversed unless those are vitiated by misreading of evidence or non-consideration of material evidence. In the present case important material evidence..Category: Property Law | Date: | Hits: 49
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......rsal Pharmaceutical Ltd. and another…………………………….………..Petitioners Vs. Social Marketing Company ……………………………......the Court that the plaintiff has been able to establish prima facie arguable case in its favour. Such findings are not binding on the trial court which will decide the matter on merit after taking evidence and without taking into consideration any prima facie finding or observation made in the ..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ...... This Case is also Reported in: 50 DLR (AD) (1998) 90. ....... 7. With regard to the contention of the learned Advocate it may be stated that both the trial Court and the learned Single Judge of the High Court Division found on consideration of the entire evidence on record, both oral and documentary, that defendant No.1 had full knowledge of the change ..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....nd justly upheld the judgment of the trial Court. We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ...... We find no reason to interfere therewith. This petition is therefore dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 88. ......espondent Judgment June 4, 1997. Result: The petition is dismissed. The Evidence Act, 1872 (I of 1872), Sections 45 & 73 The expert’s opinion is not a substantive piece of evidence. To the concurrent findings of the court below as to identical signature of the petitioner ..Category: Criminal Law | Date: | Hits: 95
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......ported in: 50 DLR (AD) (1998) 84. ......nd his wife defendant No.3 ka Kulsum Bibi out of the land of the said deed of gift. According to the contesting defendants, the suit as framed is not maintainable. 3. On consideration of the oral evidence. 3 PWs and 5 DWs and number of documentary evidence the trial Court by its judgment and dec..Category: Property Law | Date: | Hits: 93
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: The petition is dismissed. Ves......May 15, 1997. Result: The petition is dismissed. Vested Property The plaintiff having proved their title and possession in the property by producing valid documents of title and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of ma..Category: Property Law | Date: | Hits: 73
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ...... is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the ...... petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent ..Category: Property Law | Date: | Hits: 74
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ...... Judgment June 12, 1997. Result: The appeal is dismissed. The Arbitration Act, 1940 (X of 1940), Section 30 The appellant cannot raise any objection to arbitration while it self submitting to arbitration not only once but twice before the learned subordinate judge, in that context pra......ns to repeal the said argument and the learned Counsel except repeating his submission before us could not make any dent in the solid findings made by the High Court Division upon appreciation of the evidence on record. Further, we find that the argument assailing the invocation of the arbitration c..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......thers………………………….. Respondent [In Civil Appeal No. 59 of 1995] Judgment March 30, 1997. The Constitution of Bangladesh, 1972, Article 102 Habeas corpus for custody of minor children Normally the minor children should be with their mother as long as she does not ear......nfortunately, the parties could not come to terms, rather they started finding more faults with each other. In the circumstances, we have come to the conclusion that the custody issue be decided upon evidence as to where the interest and children actually lie. The High Court Division has not done it..Category: Family Law | Date: | Hits: 250
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