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Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......r passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......upheld up to the appellate stage and the decree stands still valid. 8. In the above facts and circumstances we are of the view that the High Court Division on a wrong approach to the facts and evidence and materials on record arrived at an erroneous decision and made the Rule absolute and the..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......t conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......r purchase by unregistered deed (initially) and then oral purchase (the 2nd case) in 1353 B.S. is a myth. 16. The trial court further observed that the D.W.I, Md. Jahiruddin Mondal in his evidence stated that his father Uzir Mondal excavated a pond in the suit land in 1349 B.S. whereas i..Category: Property Law | Date: | Hits: 63
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......nce of the prosecution witnesses for some artificial reasons not warranted by law. 6. He further submits that the 'Halafnama' and Angikarnama Exts. 9 and 10 having been admitted in evidence legally, the High Court Division erred in law in discarding the said documentary evide..Category: Criminal Law | Date: | Hits: 92
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......he delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......ed Advocate-on-Record, appearing for the petitioner, submits, inter alia, that the High Court Division without considering the evidence illegally convicted the petitioner and there is in fact no evidence. 6. We have considered the submissions made by Mr. Nowab Ali, Advocate-on-Record, an..Category: Criminal Law | Date: | Hits: 89
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....ecord, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......sion rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ......ation and thereafter submitted charge-sheet against 25 accused-persons including the present petitioners under sections 302/34 of the Penal Code. 4. The trial court, upon consideration of evidence on record and under the facts and circumstances of the case, found the petitioners gui..Category: Criminal Law | Date: | Hits: 99
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......bsp; The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......quest of the villagers but the accused persons bore grudge in their mind against Shahajuddin and to feed fat grudge they killed the husband of the informant and in order to cause disappearance of the evidence of offence, they kept the dead body in the jute field. 4. The police after investiga..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....t state this to the Investigation Officer while he was examined under section 161 of the Code of Criminal Procedure and as such no reliance can be placed on his evidence in this regard the same being inadmissible. P.W. 6 is wife of the deceased. She stated that she saw the occurrence which took plac...... the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......he upholding of conviction can not be sustained and also the submission that the High Court Division merely on surmises and conjectures and in a very slip shod manner and without considering the evidence on record dismissed the appeal modifying the order of conviction and sentence passed b..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ......howdhury, learned Advocate for the petitioner, submitted that the High Court Division was wrong in not holding that the judgment of the Labour Court (Annexure-H) has been passed in the absence of any evidence, oral or documentary whatsoever, to prove that respondent No. 1 was in the permanent e..Category: Labour and Industrial Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......bstance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......el, appearing on behalf of the respondent No. 1 submits, inter alia, that Amir Ali, the predecessor in interest of the plaintiffs was admittedly the owner of the property and that there being no evidence of any right, title or possession of the defendants, the learned Single Judge of the High C..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......l in accordance with law and in the light of the observations made above. Ed. ......e and merit of the suit in its revisional jurisdiction and wrongly reversed the decision of the Courts below and that both the trial Court and the appellate Court upon proper appreciation of the evidence, oral and documentary, concurrently found that plaintiffs are in possession of the sui..Category: Property Law | Date: | Hits: 43
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......; Ed. ......om 1.1.74; that the appellant was issued the certificate of citizenship, which is effective from the date of issuance of the certificate on 31.8.1980. 5. The trial court on a discussion of the evidence on record held, inter alia, that the plaintiff was a national of Bangladesh and he was stra..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......urt Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......the other materials on record contended firstly that the High Court Division is competent to interfere with the findings of fact if those are based on non reading and misreading of material evidence on record and also could interfere for mis-interpreting exhibit-5 the dee..Category: Property Law | Date: | Hits: 73
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......p; In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... condition of the contract and for alleged breach of the warranty the plaintiff was only entitled to ask for damages if any. 11. He then submits that the defendant appellant adduced sufficient evidence to prove that it sustained loss due to the failure of the plaintiff to lift the goods ..Category: Business or Commercial Law | Date: | Hits: 108
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......o Reported in: 60 DLR (AD) (2008) 197. ......ld not be a substitute of an appeal for rehearing the impugned judgment and order passed in appeal; and for correcting the same unless there is an error apparent on the face of the record based on evidence or material on record." 14. Supreme Court of India also held the same view of ..Category: Property Law | Date: | Hits: 97
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ...... such investigation, the officer in charge of the police-station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of Sub-sections (1) to (3A) shall, as far as may..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... of death and the condemned prisoners also preferred criminal appeal as aforesaid. 5. The High Court Division on consideration of the materials on record found that it is case of no evidence and the judgment and order of the conviction and sentence of accused Mofizuddin is not base..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......shy;ing the issue regarding maintainability in accordance with law. Ed. ......908), Order XIV, rule 2; Order XLI rule 33. Question of maintainability of the suit under section 42 of the Specific Relief Act read with section 56 (f) could be eventually decided on taking evidence after filing of the written statement. The Courts below are directed to hear the suit on a..Category: Employment/Service Law | Date: | Hits: 211
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ...... decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......petitioner Syed Ehsanul Hussain filed an application praying for time to enable him to file written objection but the prayer was not allowed. Thereafter, the learned District Judge after perusing the evidence on record and hearing the respondent herein passed the impugned order directing the opposit..Category: Property Law | Date: | Hits: 110
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ...... costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......t the deed dated 14,3.1980 was brought into existence through forgery. The finding of the learned Additional District Judge that the deed dated 14.3.1980 was forged and fabricated based on internal evidence of that very document. The learned Additional District Judge also observed that the appel..Category: Procedural Law | Date: | Hits: 111
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......ch and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......s it relates to convict Aynul Sheikh was not pressed and was thus dismissed. 7. In support of the Appeal Mr. Md. Nawab All, learned Advocate-on-Record submits, inter alia, that there is no cogent evidence against the appellants as to allegation of catching hold of the hands of the deceased by th..Category: Criminal Law | Date: | Hits: 97
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