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Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
.... 6-3-1969 illegally declared the suit property as enemy property; that the plaintiff by virtue of his purchase and also because of his long possession over the statutory period has acquired lawful right, title and interest in the suit land and hence the suit. 4. The r......e himself and it was wrongly held that the elements constituting adverse possession are lacking in the case. The evidence of defendant No.1 DW 1 who was examined on commission and the only witness for the defendants if considered along with other evidence and circumstances unmistakably prove the......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ......49 is forged and fabricated; that the plaintiff has no right or possession in the suit land and that the suit is liable to be dismissed. 5. The suit was dismissed by the trial Court and on an appeal the same was affirmed. The High Court Division summarily rejected the ..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
.... AIR 1957 (SC) 875 “the plaintiffs brought a suit on a mortgage claiming to be the heirs and representatives of the original mortgagee, who has under a registered will bequeathed to them the rights in the mortgage. The suit was dismissed by the High Court holding the plaintiffs had no locu...... In order to decide material issue concerned in the suit that the order of remand was warranted in the facts and circumstances of the case as the subsequent document produced before the High Court Division has to be admitted on record by the court of appeal below on considera...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... commercial establishment under category E in the tariff list of the defendant it charged the plaintiff under rate ‘E’ for the electricity consumption. 4. The trial Court dismissed the suit and on appeal the same was affirmed. In a revision the High Court D..Category: Fiscal/Taxation Law | Date: | Hits: 122
Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....r sections 94 and 160 Cr.P.C. for the purpose of making a preliminary enquiry” and that the person who has been served with the notice under sections 94 and 160 Cr.P.C. would “have the right to know the nature of information and complaint the Bureau of Anti-Corruption has received so......and 160 Under section 3 of the Anti-corruption Act and also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinquent to appear before the specified officer of the bureau in connection with an enquiry is not illegal…&helli...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......that notices impugned in the respective writ petitions were violative of Article 35(4) of the Constitution. The High Court Division upon observing- "It is only an accused in a trial who cannot be compelled to be a witness against himself. Therefore it is our considered view..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....so that it can satisfy itself that the detenu is not being detained in an unlawful manner and being subjected to torture and cruel, inhuman and degrading treatment in violation of fundamental human rights guaranteed under the Constitution. 7. Admittedly the case in which...... The case diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor. In a proper case for its satisfaction a Court may themselves peruse the dairy but it cannot be made a public documen...... Appeal has become infructuous and accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 151. ......where it was noted. Admittedly the diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor at the time of trial and at any time by the appropriate Court if it is so desired. This diary is not a public docu..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
....d giving Kiris blows from the left side of the rickshaw upon the deceased who was on that side. PW 13 Jashim Uddin alias Helal was also with the deceased in the same rickshaw and was sitting on the right side. It is the case of the prosecution that on receipt of several Kiris blows the deceased f......or Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not Represented—The Respondent. Criminal Petition for Leave to Appeal No. 71 of 1998. Judgment &nb......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......fficers visited the place of occurrence and some of them seized alamats and after completion of investigation charge-sheet was submitted and thereafter these two condemned prisoners were placed on trial before the learned Additional Sessions Judge, Noakhali who examined in all 17 witnesses and o..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....enied the claim of the pre-emptors that Kulsuma Bibi and Rahima Bibi are the sisters of Ilias Miah and that Kulsuma Bibi and Rahima Bibi being not the sisters of Ilias Miah they did not acquire any right, title and interest in the land that belonged to Ilias Miah, that transfer by Kulsuma Bibi a......49) Section 24 Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words fr......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ...... 1976 illegal and void. 7. Pre-emptors claim of pre-emption solely depends on the establishment of the fact that Kulsuma Bibi and Rahima Bibi are the sisters of Ilias Miah. The trial Curt in arriving at the finding that Kulsuma Bibi and Rahima Bibi are the sisters of Ilias Mi..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......sp; A plaint may be rejected under Order 7 Rule 11 of the Code of Civil Procedure merely on a plain reading of the plaint and nothing else. There is no hard and fast rule when an application for rejection of plaint is to be filed but ends of justice demands that it must be filed at the ea...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......e preemptors is not a co-sharer to the case land and is not entitled to any preemption. 4. It appears that on the pleadings of the parties the learned Subordinate Judge started trial and recorded evidence of the witnesses and when he was about to dispose of the case on merit..Category: Property Law | Date: | Hits: 49
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ...... April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form one transaction depen......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......e entering the house in which they were living and by the others entering the house of the other victims. So there was no necessity of framing separate charges for the two murders and for separate trial when section 239 of the Code is attracted to the case. …………&hellip..Category: Criminal Law | Date: | Hits: 76
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......Record — For the Respondent. Civil Appeal No. 98 of 1998. Judgment Md. Fazlul Karim J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent w......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......he suit premises and he was not a defaulter as he has been depositing monthly rent in HR Case No. 30 of 1974 and the plaintiff has no bonafide requirement of the premises in question. 2. The trial Court decreed the suit and on appeal the same was affirmed. Thereafter the respondent moved th..Category: Tenancy Law | Date: | Hits: 76
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....ion in various decisions. The trial Court as well as the High Court Division it appears considered every aspect of the matter, particularly the legal position and the conduct of the petitioner, and rightly found the petitioner guilty of the offence alleged. In that view of the matter we find no ......li Khan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No.101 of 1998. (From the judgment and order dated 2...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......he petitioner in his absence but subsequently he was arrested and a fresh charge was framed which was read over to the petitioner to which he pleaded not guilty and claimed to be tried. Before the trial Court only three witnesses have been examined and they are the informant and Investigation Of..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....the amendment has been designed with the assertion that the Heba-bil-Ewaz has been created by forging signature of Wazuddin the predecessor of plaintiffs d the said Hiba-bil-Ewaz has not affected the right, title and interest of the plaintiffs in the suit land and the said alleged Heba-bil-Ewaz was ....................... Appellants Vs. Zafala Begum and others...............Respondents Judgment January 6, 2002. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is ne......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......acted illegally in not deciding the appeal on merit and allowing the same merely on an application filed by the plaintiff-respondents for amendment of the plaint and in remanding the case back to the trial Court to fill in the lacuna in the pleadings and to lead fresh evidence by the plaintiffs whic..Category: Procedural Law | Date: | Hits: 114
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
.... the Supreme Court the petitioner has no cause to be apprehensive on the formation of the committee. The High Court Division it appears thoroughly considered the case of the respective parties and rightly found that there was effective consultation with the Supreme Court for appointment of the j......72, Article 91A The petitioner who fought the by-election cannot have any choice in the persons who are to act as members of the committee. The Election Commission accepted the formation of the committee which was formed with the approval of the Supreme Court the petitioner ......puty Secretary, Election Commission to act as member-secretary of the committee. This decision was announced on 17-11-1999. The proposal was sent to the Ministry of Law, Justice and Parliamentary Affairs on the said date for necessary action after consultation with the Supreme Court of Banglades....... There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 64. ..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....held that the circumstantial evidence sought to be proved in this case is too shaky, suspicious and fragile to furnish a sound foundation for the conviction of the accused. High Court Division has rightly observed that the prosecution as well has not proved any first information report in this ca......cted by Mohwnmad Yeasin, Advocate-on- Record- For the Petitioner Shaukat Ali Khan, Senior Advocate instructed Sharifuddin Chakiader, Advocate-on-Record— For the Respondents. Criminal Petition for Leave to Appeal No. 127 of 2001. (From the judgment and order dated 27th 2001 passed by the H......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ons Judge, Habigonj and registered as Sessions Case No. 17 of 1994. Thereafter, it was transferred to the Court of learned Additional Sessions Judge, Habigonj for hearing and disposal. At the time of trial the charge was framed under sections 302/201/34 of the Penal Code against all the accused resp..Category: Criminal Law | Date: | Hits: 59
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
.... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......er is good service on the Government.(8) The Limitation Act, 1908 (IX of 1908), Article 95 Article 95 of the Limitation Act in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. La...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......nding upon them and that the defendants had not acquired any title to the suit land. 3. The defendants resisted the claims of the plaintiff. 4. The trial Court found that the summons of the 1980 suit was served on the Government Pleader, that he ..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......p; Bimalendu Bikash Roy Choudhury J.- This appeal is brought before the Court by leave granted to the appellant Osman Gani to call in question his conviction unde...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......heet under sections 304/201/149 of the Penal Code against the appellant and the servant Emdadul Haque citing 17 witnesses. 4. The appellant along with Emdadul Haque was put on trial before the Assistant Sessions Judge, Cox’s Bazar in Sessions Trial Case No. 4 of 1999. ..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....vidence and once it is believed, it must lead to the conclusion of the offender’s guilt. It must, therefore, be held that respondent No. 2 Jahirul Hoque alias Jaju caused the grievous injury on the right backside of Bakul Bibi and she ultimately succumbed to that injury in view of the fact that sh......4, Part I & II Respondent Harunur Rashid by inflicting the injury on the chest of Fakku Mia resulting in the death of the victim committed an offence under section 304 Part-I of the Penal Code for causing the bodily injury as was likely to cause death and, in fact, the death was caused and in...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ......vision in Death Reference No.17 of 1990 and Criminal Appeal No. 247 of 1988 and Jail Appeal No. 717 of 1990). Judgment Md. Gholam Rabbani J.- Six respondents along with 26 others were placed on trial for committing murder of one Fakku Mia and his wife Bakul Bibi before the Court of Sessions Ju..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......ture or writings and so adoption of such a method cannot be termed as hazardous or dangerous….....................(7) The Transfer of Property Act, 1882 (IV of 1882) Section 111(g) In case of forfeiture of tenancy for denial of title, written notice of lessor’s intention to determine the l......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ...... Khatian. He denied relationship of landlord and monthly tenant between himself and the plaintiff or their vendor. Other non-contesting defendants are the tenants under the defendant No. 1. 4. The trial Court dismissed the suits Plaintiffs then preferred appeal. The First Court of Subordinate Jud..Category: Tenancy Law | Date: | Hits: 70
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ...... Judgment April 30, 2006. IFIC Bank Service Rules, Rule 30.02 Item 6 On the face of the admitted fact that the petitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......ot due to inadvertence or mistake and that in order to cherish his self ends he committed the offence and as such there is no question of declaring the order of removal as illegal. 3. The trial court by the impugned judgment and decree dated 07.02.2002 decreed the suit. The respondent p..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....p;.(33 & 34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has acc......t March 12, 2006. The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......l Court on consideration of the evidence that would be adduced by the parties as regard that vital contention. 18. As stated hereinbefore the High Court Division set aside the order of the trial Court rejecting the application filed under Order 7, Rule 11 of the Code of Civil Procedure ..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
.... the suit but did not avail of the remedy available under the law. 7. In such view of the matter, petitioner's filing writ petition is not maintainable and the High Court Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we......olved: Mr. Md. Nowab Ali, Advocate-on-Record- For the Petitioners Not represented- Respondents Judgment 27 October 2002. Lawyers Involved: Civil Petition for Leave to Appeal No. 825 of 2000. (From the judgment and order dated 07-08-2000 passed by......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ......he trade licence of the petitioner. Defendant-respondent No.3 submitted a written statement and also filed additional written statement denying all the statements made in the plaint. 4. The trial court decreed the suit and against which the petitioner could not prefer any appeal before th..Category: Banking Law | Date: | Hits: 120
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