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Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he Penal Code. But on conclusion of the trial they were acquitted of the charges of murder and trespass, but were convicted only under section 147 of the Penal Code and sentenced to rigorous imprisonment for two years along with fine of Tk. 2000.00, each in default, to rigorous imprisonment for ......he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......r appeal, Criminal Appeal No. 215 of 1986. 2. They were tried by the Additional Sessions Judge, Kushtia, for offences under sections 302/34, 147 and 148 of the Penal Code. But on conclusion of the trial they were acquitted of the charges of murder and trespass, but were convicted only under sec......) (1990) 284 ..Category: Criminal Law | Date: | Hits: 51
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....sed till the filing of the writ-petition i.e. till 2001. 4. The Rule obtained in the writ petition was opposed by the writ-respondent No. 5 by filing affidavit-in-opposition. The Rule was also contested by the writ-respondent No.4 by filing the affidavit-in-opposition. After hearing the p......the advertisement the writ-petitioner, respondent No.5 and others applied for being appointed as Engineer and Ship Surveyor and in due course the candidates whose applications were found valid were called for interview, the Public Service Commission recommended respondent No.5 for being app......e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......or Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to A..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....hon Bashi, Noda Bashi and Hari Bashi in ejmali shares of whom Noda Bashi having died unmarried, the three surviving brothers got his share; 5.22 acres of land of plot No. 1222 of the suit khatian also belonged to the said three surviving brothers in equal share of 1.74 acres each; from his 1.74 ......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......obtained Rule in Civil Revision No. 28 of 2001 and as stated earlier the High Court Division, after hearing, discharged the Rule. 5. The learned Counsel for the petitioner submitted that the trial Court as well as the appellate Court though concurrently found that the defendants are in par......min CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: ..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....ntract but passed a decree for the refund of Tk. 2755/- which was found to have been paid by the petitioners in respect of the said contract. It may be mentioned that the respondents also preferred a Second Appeal to the High Court from the same judgment and decree, which was beard ...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......lding which had been duly implemented. The plaintiff's suit was dismissed on the basis of the said finding. 4. On appeal, the learned Subordinate Judge modified the decree of the trial Court on the finding that there had been, as a matter of fact a contract for lease of the ent......te Division (Civil) Present Syed ABM Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Ambia Khatun and anr.........Petitioner Vs. Syed Altaf Hossain and another…&he..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....tion to their way. 3. According to prosecution, Zafar used to stay in the house of Abdul Bari to provide security to him during the dark fortnight of each month. House of Zafar was about 250 yards south of Abdul Bari's house. Zafar, aged about 25, after passing Intermediate Examination started ......Upazila Nirbahi Officer as well as Magistrate First Class, on 2 May 1984 and the latter recorded Nuru's statement under section 164 CrPC This witness gave out that through him the accused persons had called Zafar to the bank that night and in his presence killed Zafar and left his dead body there an......ntradict the witness, whereas the prosecution may use it to corroborate him when he gives evidence in Court…………………………(16) Ordinarily in the matter of assessment of evidence the trial Court's view is given great weight and when its finding is accepted as correct on re-assessmen......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....llowing stoppage of proceedings and release of the accused under section 339C (4) of the Code of Criminal Procedure, shortly, the Code, a fresh complaint/proceeding against the same set of accused persons by the same set of complainants upon the self-same allegations is permissible or not. It arises...... a fresh petition of complaint before the same Court against the appellants on the self-same allegations. The Metropolitan Magistrate after examining the respondent on solemn affirmation on 9-9-85, called for the previous records and summons were issued. By the impugned order dated 12-1-86 charge ......e, 1898 (V of 1898), sections 249, 339C (4) & 403 Words & Phrases It appears to the court that section 339C was enacted in order to inject a spirit of utmost expedition, speed and urgency in the trial of criminal cases, but it does not appear from the language used in section 339C that it was t......lso reported in: 42 DLR (AD) (1990) 250 ..Category: Criminal Law | Date: | Hits: 46
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....s defendants' (defendant Nos.2 and 3) appeal, by leave. The same is against the judgment dated June 13, 2000 of a Single Bench of the High Court Division in Civil Revision No. 1781 of 1990 making absolute the Rule upon reversing the judgment and decree dated June 9, 1990 of the Court of District ...... submits that report of the Assistant Judge as to destruction of the suit register being not correct since there is no provision for destruction of the suit register and that plaintiffs having not called for the suit register the High Court Division was in error in holding that the suit register......n suit. 5. On consideration of the evidence, both oral and documentary, particularly Exhibits 1 and 2 (sale certificate and certificate relating to delivery of possession respectively) trial Court decreed the suit. The Court of first instance disbelieved Exhibit Uma, (information sli......missed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....29 days is condoned. This petition for leave to appeal is directed against the judgment dated March 14, 2005 of a Single Bench of the High Court Division in Civil Revision No. 2580 of 2000 making absolute the Rule obtained against the judgment and decree dated March 22, 2000 of the 1st Court of Su...... in suit to the proforma-defendant No. 14 by the registered deed of exchange dated September 13, 1983 and the said defendant mutated his name and paid rent, that later on the order of mutation was re-called by defendant No.5. It is the case of the plaintiffs that the original owner Harihar Das had n......ined the decree in Other Class Suit No. 50 of 1975 without serving notice and upon practicing fraud on the Court, that plaintiffs at no point of time got possession of the property in suit. 4. The trial Court decreed the suit declaring the right, title and possession of the plaintiffs and also de......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Af..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....snathji through Sarbarakar Singhai Motilal and another vs Gulabchand s/o Mithidal Jain and others, AIR 1943 (Nagpur), 111; Narayan Gangadhar Deshpande and others vs Rango Krishna Dixit, AIR 1960, Mysore, 175; Onkar Nath and another vs. Basheer and others, AIR 1986 Punjab and Haryana, 152; Mohan L......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... 60 days and in default of the appellant in making the payment as directed above this appeal shall stand dismissed. There shall be no order as to costs". The decree passed by the trial Court was to the effect: Bangla………….. 3. The Other S......llant Vs Nasim Bin Rahman & ors... ................Respondents Judgment January 21, 2007 Cases Referred To- Smt. Thakamma Mathew vs. M. Azmatullah Khan and others, AIR 1993 (SC) 1120; Kanhaiyalal vs Mulla Abdul Hussain (deceased by LRS) and others, AI..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....y leave is directed against the judgment dated June 29, 2000 of a Single Bench of the High Court Division in Civil Revision No.414 of 1988 (Rangpur)/Civil Revision No. 7966 of 1991 (Dhaka) making absolute the Rule upon reversing the judgment and decree dated June 26, 1988 of the Court of Add......cord in his name since Bipin Chandra had never taken settlement from the ex-landlord, that as Bipin Chandra had no right, title, interest and possession in the land in suit, the plaintiff by his so-called purchase did not acquire any interest in the land in suit, that neither Bipin Chandra nor th......e), Rangpur and the said defendant by the order dated June 30, 1983 quite legally cancelled the mutation earlier made in the name of the plaintiff in respect of the land in suit. 5. The trial Court dismissed the suit on the findings that the suit is not bad for defect of party, that ...... Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....he appellants instituted the suit as plaintiffs on 26-1067 in the first Court of Subordinate Judge, Dacca against Bangladesh, the respondent for declaration of their title to the land in suit and also for declaration that a certain notice, issued by the Member, Board of Revenue, upon the plainti......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......ate Judge in exercise of its power under section 115 of the Code. 8. Mr. Akram Hossain Amin, learned Counsel appearing for the appellants, has contended that the power of amendment which the trial Judge possesses under order 6, rule 17 of the Code is discretionary and that the learned Sub...... Supreme Court Appellate Division (Civil) Present Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh…&helli..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....commencement of the poll. The ballot boxes meant for Chairman and Members were kept in the same room and the voters could not differentiate the ballot boxes and that the appellant got elected by resorting to corrupt and illegal practices by resorting to corrupt and illegal practices la collusion......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......or the appellant contended that section 28 of the Local Government Ordinance, 1976 has conferred right upon the appellant to move application for transfer before the Government at any stage of the trial, and the cause for seeking transfer having arisen in course of the trial, the learned Judge o......M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1977 Lawyers..Category: Election Law | Date: | Hits: 122
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....ischarged the Rule by judgment and order dated 18th July, 2005 in the aforesaid Criminal Revision No. 603 of 2005. 4. The facts, leading to this criminal petition, are that Md. Abdul Latif, son of late Rahim Uddin Pramanik, of village Jotgazi, P.S. Iswardi, Dist. Pabna as informant lodged......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......ted charge-sheet against 15 accused-persons including the leave-petitioners under Section 120B/302/34 of the Penal Code. In due course, the case sent to the learned Sessions Judge, Pabna for trial, who thereafter transferred the same to the learned Judge, Druto Bichar Tribunal, Rajsha...... Supreme Court Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Amirul Islam and others………………………......Petitioners ..Category: Criminal Law | Date: | Hits: 41
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
....; Md. Ruhul Amin J.- The appeal has been filed against the judgment dated July 20, 1999 of a Single Bench of the High Court Division in Civil Revision No. 1825 of 1994 making the Rule absolute upon setting aside the order dated October 18, 1993 of the court of Additional District Judg......justice, as the respondent opposite party failed to prove that the notice was not duly served or that he was prevented by sufficient cause from appearing when the appeal was called on for hearing." 8. Leave was obtained for consideration of the contentions tha...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Abdur Rob Mollah ............................Appellant Vs Shahabuddin Ahmed and others ..........Respondent Judgment October 19, 2006. Cases Referred To-..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
....dassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Forest Ranger, Bhaluka Range Office, Mymensingh and others......Petitioners Vs M/S. Hamid and sons Ltd. and others .....................................Respondents Order June 15, ...... The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......ea that the land belonged to forest department and being afraid of forceful dispossession they fleet constrained to institute the suit. The suit was contested by the defendant petitioners. The trial court decreed the suit on 30.11.1991. 3. Being aggrieved the defendant petitioners pr...... Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Forest Ranger, Bhaluka Range Office, Mymensingh and others......Petitioners Vs M/S. Hamid and sons Ltd. and others ....................Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....f her daughter the defendant respondent No.2.It has been averred in the plaint that she is the owner of the suit property measuring .47 acres of land and is an old woman of 83 years having two sons and three daughters and the defendant respondent No.1 is her daughter while the defendant res......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......tiff petitioner preferred Title Appeal No. 187 of 2001 before the learned District Judge, Munshigonj who allowed the appeal by judgment and decree dated 02.02. 2003 reversing those of the trial court and thus decreed the suit. The respondent Nos.1 and 2 moved the High Court Division in...... (Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Musammat Sokhina Khatun..................petitioner Vs Mosammat Rowshanara Begum and others .........Respondents Judgment July 10, 2006. Lawyers Involved: ..Category: Property Law | Date: | Hits: 37
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....rain ND-5 UP at Singia Railway Station near home signal while the said good train was shunting at the Singia railway Station, resulting in casualties of death and causing injuries to a number of persons and the matter being thus informed a First Information Report was registered on the basis of wh......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......ction 101 of the Railways Act and after investigation charge sheet was submitted against the two respondents and others including Syed Jahangir Alam and Md. Alamgir Hossain. The case being sent for trial the learned Additional Sessions Judge, First Court, Jessore tried the case and by the judgment......reme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J The State …………….............Petitioner Vs. Ali Ahmed and other..........Respondents Judgment February 23, 2005. Result: The petition is dismi..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....he land said to have been received from the defendant Nos.2 and 3 is not correct, that the whole transaction between the defendant No.1 and defendant No.2 and 3 is a camouflage transaction for some evil design and for the sole purpose of defeating the plaintiffs right of preemption......t the deed in question that the same is not an exchange deed but a sale deed and that as the finding made by the appellate Court is 'not arbitrary, fanciful and perverse' as such on interference is called for with the finding and decision of the appellate Court. 7. Leave was obtained for c...... of last Union Parishad Election there was misunderstanding between the defendant No.1 and the plaintiff and because of that plaintiff has filed the suit making incorrect statements. 4. The trial Court though held that the suit is not barred by limitation and the same is not bad for defec......pellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Majid alias Mujibur Rahman Molla........Appellant Vs. Md. Abdul Matin and others ............Respondents Judgment August 20, 2006 Lawyers Involved: ..Category: Property Law | Date: | Hits: 38
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....o. 87 is 20 decimals and out of that 1 decimal was of certain Nurul Huq and the rest 19 decimals were of defendant No.2 and the said defendant No.2 settled the said 19 decimals of land to his son Ranjit Kumar Biswas and said Ranjit Kumar Biswas sold 19 decimals of land to the plaintiff, tha......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......als of land and while defendant was in possession of the said land plaintiff upon making incorrect statements filed the suit, that the suit of the plaintiff is liable to be dismissed. 4. The trial Court dismissed the suit on the finding that plaintiff did not prove her document on the...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mohammad Enayet Rabbi .................................Appellant Vs Sree Sree Shoti Rani Kundho and another........Respondents Judgment June 28, 2006 Lawyers Involved: ..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....l Amin J. - This appeal by leave is directed against the judgment and order dated 30.10.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 4207 of 1996 making the Rule absolute. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assis......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......laintiff. After the death of Laibot Pramanik the defendants became the owners as his heirs in the suit land and they have been possessing the suit land. So the suit is liable to fail. 4. The trial court dismissed the suit. On appeal being Title Appeal No. 193 of 1991 the appellate cou...... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the judgment and order dated 30.10.2001 passed by the High Court Division in Civil Revision No. 4207 of 1996.) ..Category: Property Law | Date: | Hits: 33
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