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Md. Abdul Khaleque and another Vs. Manik Chandra Sheel and others, 2010, 39 CLC (AD)
....n in First Appeal No.134 of 1998 dismissing the appeal affirming those dated 26.02.2009 passed by the Subordinate Judge, 1st Court, Faridpur in Title Suit No. 8 of 1993 decreeing the suit. 2. The facts involved in the case, in short, are that the deed mentioned in ‘Ka’ schedule of the plaint......Case is Reported in: 16 MLR (AD) 2011, 16. ......ision at the time of disposal of the appeal ought to have taken into consideration that the trial Court at time of disposal of the suit ought to have taken into consideration the oral and documentary evidences as adduced by the D.W.’s at time of trial and upon proper consideration and appreciation..Category: Property Law | Date: | Hits: 29
M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
....e disturbed. In view of the above, we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 957. ......J Shah Abu Nayeem Mominur Rahman J Surendra Kumar Sinha J M/S. Sagar Swamvar………………………….Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Fisheries and Live Stocks, Bangladesh Secretariat, Dhaka and others…………………….Respondents Jud......wler is granted by the government to operate fishing vessel in the deep water and that since the appellant purchased the trawler in question from BSRS, the certificate of purchase shall be conclusive evidence of ownership of the trawler in question and in that view of the matter, the cancellation of..Category: Property Law | Date: | Hits: 34
Yunus Mia (Md) and others Vs. Bangladesh Krishi Bank & ors, 2001, 30 CLC (HCD)
....er dated 29-8-99 passed by Subordinate Judge and Artha Rin Adalat at Patuakhali in Miscellaneous Case No.13 of 1998 by which the prayer, for release of the attached property was rejected. 2. Short facts for disposal of the Rule are that opposite party No.1, Bangladesh Krishi Bank as plaintiff ins......his Case is also Reported in: 54 DLR (2002) 123.......heir purchase would therefore take effect, if any, subject to such mortgage. The petitioners also failed to prove that they were bona fide purchasers for valuable consideration. We could not find any evidence of their bona fide in the purchase. The execution Court also does not appear to be wrong in..Category: Property Law | Date: | Hits: 27
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
.... managed a final report tin that case by exerting pressure upon the police. Mr. Zaman has also referred to the first information report lodged by the father of the victim on 11-2-1999 stating all the facts. Mr. Zaman has submitted that this was not treated as first information report but the police ......use as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and without any lawful authority. 2. Mr. Amirul Islam who appeared in support of the Rule, at fir......illegally and as such we find no substance in the Rule and the same liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 118. ..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....ling of gold. Therefore, the joinder of the offences did not vitiate that trial. In paragraph 20 of the aforesaid reported case this point has been categorically and elaborately discussed. 27. The facts of the case reported in 45 DLR (AD) 13 involves smuggling of gold which is punishable both und......DLR (AD) 18; Dulal Howlader Vs. State, 48 DLR 269; 1986 BLD (AD) 283; 51 DLR 154; 53 DLR (AD) 1; 41 DLR 385; 35 DLR 5, 127; 10 DLR (SC) 29. Lawyers Involved: Farhad Ahmed with Dewan Abdun Naser and Fazle Rabbi, Advocates‑ For the Appellant. ABM Waliur Rahman Khan, Assistant Attorney-ÂGen......e whole trial has been vitiated. In this connection he referred to some decisions which we will discuss later on. 10. The next submission of the learned Advocate for the appellant is that from the evidence on record it can be safely concluded that the prosecution was not able to prove its case be..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....the purchase of the case property by the present writ petitioner from her does not arise. Her Kabala and the kabala in the name of Zakia are products of false personÂation. All these are findings of facts in a petiÂtion, so the High Court Division cannot look into it. The findings of the Court of ......urt Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Ambia Khatun.............................Appellant Vs. Bangladesh and others.............Respondents Judgment August 10, 2009. Cases Referred to- Baldwin ...... by the official of the record room in the relevant volume before the Court of Settlement but the Court of Settlement having been influenced by extraneÂous consideration, did not consider this vital evidence on record including the assessment roll for the year 1967-68 and other documents and found ..Category: Property Law | Date: | Hits: 30
Badarnessa and others Vs. Mafuza Khatun and others, 2009, 38 CLC (AD)
....ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......Ed. This Case is also Reported in: 15 BLC (AD) (2010) 195.......elÂlants that— "The lower appellate Court having conÂsidered the plea of defendant No.3 about the kabala dated 18-2-1918 and its alleged destruction and having found that it was clear from the evidence that on 18-2-1918 Asma Bibi had not acquired 17 gandas of land as her brother Afsaruddin wa..Category: Property Law | Date: | Hits: 29
Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)
....nd sentencing the petitioner (in absentia) for a period of 10(ten) years RI with a fine of Taka 2,000 in default to suffer RI for further period of 6 months more should not be quashed 2. The short facts leading to this petition are, that one Mosammat Salina, the victim lodged an first information......mmad Chowdhury, Deputy Attorney General — For the State. Criminal Miscellaneous No. 3642 of 2001. Judgment Altaf Hossain Khan J.- This Rule issued at the instance of the convict-petitioner and, Delower Hossain @ Bhuiya calling upon the Commissioner Narayanganj to show cause as to why the ......Thereafter the case record was transmitted to the learned Nari-o-Shishu-Nirjatan 1st Court, Narayanganj, who held the trial in absentia and being satisfied with the relevant papers, documents and the evidence of PWs, convicted and sentenced the convict petitioner as aforesaid on 10-2-98. 4. The c..Category: Criminal Law | Date: | Hits: 37
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
....d 27-11-1993 passed by Senior Assistant Judge, Sadar, Noakhali, in Miscellaneous Case No. 87 of 1992 rejecting the application under Order 9 rule 13 of the Code of Civil Procedure. 2. Briefly, the facts for disposal of the Rule are that, the opposite parties as plaintiffs instituted the Title Sui......(2002) 108. ......hat suit defendant No. 19 Oziullah contested the suit by filing written statement denying all the material allegations contained in the plaint. 4. The learned Assistant Judge, upon considering the evidences decreed the suit on contest against the defendant No19 and ex parte against the rest. 5..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
.... power to hold Local Investigation in a circumstance where it deems a Local Investigation to be requisite and proper for the purpose of elucidating the matter in dispute. 6. Portrayal of essential facts forming background of Civil Revision petition may be looked into which are as follows: 7. P......e following two questions which are- (i) Whether Local Investigation under Order 26, rule 9 of the Code of Civil Procedure on matters stated in the application for Local investigation is essential and imperative in resolving the controversy and material issue involved in the suit for a decree of ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....dul Matin J. - This appeal on leave is directed against the judgment and order dated 17.07.2001 passed by the High Court Division in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was ins....... Supreme Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Bhashani Mondal being dead his heirs Nanda Rani Mondal and another…......Appellants Vs. Md. Abdus Sukur and others……………â......nt and decree passed on 24.05.1998 in Title Suit No.51 of 1997, exhibits 12 and 'Kha' respectively can be declared as void with reference to facts subsequent to exhibit-4 ignoring the validity of the evidence and facts in the aforesaid suit as stated by the defendant No.1 while obtaining the aforesa..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
.... Appeal No. 35 of 1979 affirming the judgment and order of learned Munsif Sadar, Rajshahi in Miscellaneous Case No.59 of 1979 under Order 9, rule 13 of Code of Civil Procedure on 29.4.78. 2. Short facts are that opposite party No.1 brought a Partition Suit against the petitioner of this Revision ......er as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147.......end down the records to the court of Munsif at an early date. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 147...Category: Procedural Law | Date: | Hits: 66
Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)
....dated 23.11.85 passed by Mr.Fazlul Huq, Additional District Magistrate, Feni in G.R.Case No. 184 of 1984 shall not be set aside and the proceeding of the said G.R.Case shall not be stopped. 2. The facts leading to this Rule is that the opÂposite party No. 2 on 22.10.1984 lodged F.I.R. is Feni Po......Petitioners Vs. The State & another.................Opposite Parties Judgment December 15, 1987. Cases Referred to- Nayan @ Fazlul Huq Vs. The State, 38 DLR 415; Ramjoy Mondal and ors. Vs. The State, 37 DLR 252, 1987 BLD 135; 37 DLR 252; 1987 BCR(AD) 32, Akbar Ali and others ......hing to interfere with the impugned order. The Rule is, therefore, discharged. The stay order issued earlier on 28.11.85 is hereby vacated. Ed. This Case is also Reported in: 40 DLR (1988) 144. ..Category: Criminal Law | Date: | Hits: 26
Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)
....section 439 of the Code of Criminal Procedure and is directed against an order dated 30.3.87 passed by A.K. MuÂhammad Ali, Session Judge, Narail-Magura in SesÂsions Case No. 64 of 1985. 2. Short facts are that one Sk. Nawabul Alam, son of Golam Hossain alias Kuti Mia Sheikh of vilÂlage Bender ......orted in: 40 DLR (1988) 139.......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139...Category: Criminal Law | Date: | Hits: 30
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....r is challenged in this writ petition as being without any lawful auÂthority and of no legal effect. 4. Mr. Md. Abdur Rashid, the learned Advocate appearing for the petitioner submits that on the facts of the instant case the Labour Court has acted beÂyond its jurisdiction in converting the w............Opposite Party Judgment April 7, 1987. Cases Referred to- Zeal Bangla Sugar Mills Ltd. vs. Chairman 1982 BLD (HD) 57, SH Quddus & others vs. Chairman, Labour Court, Chittagong and others, 33 DLR(HD) 1, 33 DLR(AD) 12; Ayesha Salahuddin vs. Chairman, Second Labour Court and ano.......2 and 3 asserting that the order of dismissal was passed after following the procedures prescribed by the law and that the same was not a mala fide one. The Labour Court, on due consideration of the evidence and the materials adduced by the respective parties, found that the enquiry held against th..Category: Labour and Industrial Law | Date: | Hits: 124
Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)
....was inadmissible in evidence and the learned sessions judge wrongly admitted it in eviÂdence has got no substance. The cases cited by the learned advocate in this respect also do not help him as the facts of those cases were different from that of the present case. 21. The next contention of the..........................Appellants Vs. The State……………………………...Respondent Judgment August 5, 1986. Cases Referred to- Nazrul Islam vs. State, 27 DLR 671; The Crown and Badiuzzaman vs. Abdul Majid Bepari 8 DLR (FC) 69, 9 DLR 247; Ekabbar Khan and others vs. The Sta......e persons of deceased Kanchan and seizure list 3(e) shows that a white Ganjee with fresh blood was seized from the hut of Sadek Ahmed at 09.30 hours on 3.10.76. 19. We have discussed in detail the evidence in order to see whether on the face of these evidences benefit of doubt can be given to the..Category: Criminal Law | Date: | Hits: 27
Md. Makbul Hossain & othÂers Vs. Sree Shibu Pada Dam, 1987, 16 CLC (HCD)
....re in possession of the same and that the testator had no ownership and possession of the case property at the time of the alleged execution of the will. So the learned Advocate submitted that in the facts and circumstances of the case the petitioners ought to be added as parties to the proceeding, .................Petitioners Vs. Sree Shibu Pada Dam.............................Opposite Party Judgment November 3, 1987. Cases Referred to- Md. Abdul Jalil Anseri vs. SurendraNath Basu and others, 21 DLR, 331; Sreemati Charubala Shen Gupta vs. Abul Hashem and others, 33 DLR (AD) 254. ......n Act the Court is reÂquired only to consider whether the will is duly exeÂcuted and it is not the concern of the Court to decide whether the testator had title to the property. On consideration of evidence if it is found that the will is genuine and duly executed, the Court cannot reÂfuse to gra..Category: Property Law | Date: | Hits: 54
M.A. Hai and others Vs. Trading Corporation of BanglaÂdesh, 1987, 16 CLC (HCD)
....e no statutory or automatic application to the cases of the officers and other employees of the Corporation. Secondly, sub-rule (II) of Rule 7 of the Rules of 1984 has no manner of application in the facts and circumstances of each case. 6. Such being the bone of contention between the parties, r......ules are discharged. Cases Referred to- 32 DLR (AD) 46; 31 DLR 326; Vitarelli vs. Seaton (1959) 359 US 535; 3 L Ed 2d 1012 Ramana Dayaram Shetty vs. The International Airport Authority of India and others, AIR 1979 (SC) 1928); M. Noman vs. the Dhaka ImproveÂment Trust, 16 DLR (Dhaka) 536; The...... cases. In the result, all the Rules are discharged but without any order as to costs. Mohammad Ismail Uddin Sarker J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 109. ..Category: Employment/Service Law | Date: | Hits: 80
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
.... 2. The plaintiff, Sonali Bank, brought this suit for recovery of Taka 22, 85,314.30 against the defendants for the amount of loan granted to them with interest accrued thereon as on 26-5-90 on the facts, in short, that, the defendant No. 2 made an application for loan for setting up Rana Oil Mill......ourt High Court Division (Civil Appellate Jurisdiction) Present: MA Choudhury J Md. Abdul Aziz J Sonali Bank………………….……………..Petitioner Vs. Rana Oil Mill and ors …………………..Respondents Judgment May 24, 1999. Cases Referred To- Koh......s of their own sanction letter and the suit is liable to be dismissed with costs. 4. The parties have examined one witness each and produced some documents and marked exhibits admitting those into evidence. The learned trial Court on consideration of the facts, materials and evidence of the case,..Category: Civil Law | Date: | Hits: 85
...., or shall depute one of his subordinate officers not being below such rank as the Government] may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arr......
(Special Original Jurisdiction)
Present:
M Hamidul Haque J
Md. Imman Ali J
Mohammod Hossain, Advocate……. Petitioner
Vs.
Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others………… Respondents
Judgment
...... disposed of with the above observations. Send down the record. Communicate copy of this judgment to the respondent No. 3 for compliance.
Ed.
This Case is also Reported in: 54 DLR (2002) 88.
..
Category: Anti-Corruption Laws | Date: | Hits: 178
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