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Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....ference to the various circumstances and infirmities of the prosecution case that the appellant was at least entitled to the benefit of reasonable doubt. He also argued that the High Court Division improperly ignored, to the great prejudice of the appellant, the deficiencies and weaknesses of the ......y fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together ...... fact anyone can record a dying declaration and really it is immaterial as to who recorded a dying declaration. For non-examination of such a person no exception can be taken if the same has been legally proved in accordance with law. This being the position in law, I fail to understand how it..Category: Criminal Law | Date: | Hits: 44
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
....at the respondent No.1, in collusion with others, created the said affidavit dated 28.6.1999 by erasing a portion of the same and inserting therein new sentence with the intention to grab the property of the Poet Benazir Ahmed Waqf Estate and the respondent No.1 also had been threateni......Amin J Md. Tafazzul Islam J Kazi Forhad Hossain (Munna)…………….Petitioner Vs Md. Golam Mustafa Sarwar alias Mohammad Golam Sarwar and another….....Respondent Judgment August 29, 2006 ......tion of the materials on record and considering the provision of section 195(1)(c) of the Code of Criminal Procedure arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interf..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....he plaint filed in Title Suit No.9 of 2001. 2. Bangladesh Commerce Bank Limited, the respondent No. 1 herein, filed the above suit for realization of Tk.43,87,797.00 by sale of the mortgaged properties stating, inter alia, that Bangladesh Commerce and Investment Limited, in the course of t...... Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Messers Hai Iron and Re-Roiling Mills Limited, represented by its Managing Director and another …&hellip......adjust the amount deposited and misappropriated those deposits; further without any notice and authority the respondent No.1 also enchased the above fixed deposit of Tk. 10,00,000/- and also illegally showed that an amount of Tk.22,74,225.00 was due from the defendant No. 1 as on 30.4.2001; ..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....Kumar Saha went to the place of occurrence and prepared the inquest report on the dead-body of the deceased and sent the same to the morgue for post-mortem examination. He also seized alamats under proper seizure list. Subsequently S.I. Rupok Kumar Saha also took up investigation of the case......nt: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
...., West Bengal, India, that plaintiff was the resident of village Shib Nagar, Police Station Dom Kola in the district of Murshidabad and because of the communal riot of 1961 he exchanged his Indian property described in schedule 'Kha' attached to the plaint with the 'Ka' schedule property, that t......on (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rajshahi and others…………..Appellant Vs Md. Abdul Jabbar Sheikh&helli...... The suit was filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (..Category: Property Law | Date: | Hits: 38
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....pearing for the petitioners submitted that the High Court Division erred in law in holding that grant of time scale benefit is a matter of discretion of the employer and the discretion was not properly applied in withholding the time scale benefit in the case of the plaintiff-appellant oppos...... leave to Appeal No. 1812 of 2002 Judgment Md. Fazlul Karim J.- The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88......« Of fleers' Association, held in 1985, by letter dated 18.05.1989 he was terminated from service of the Bank without assigning any reason, stating therein that he will be given all legal dues; that by letter dated 29.05.1989 he made a demand of the dues which was not responded t..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....espondent No.1 confirmed that he was no longer Director in the Company and transferred all his share in the Company in favour of the respondent No.3 and accordingly requested for release of his properties kept with bank as security against the loan of the company and in response thereto the ...... Ed. This Case is also Reported in: ......00 shares certificates submitted earlier and that return has been filed with the Respondent No. 5 in respect of the allotment of aforesaid 1,24,000 shares in due course but the respondent No. 6 illegally made an endorsement in its official record to the effect that for want of supporting documen..Category: Business or Commercial Law | Date: | Hits: 109
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......MLR (AD) 105. ......articularly by plaintiff Nos. 2-4 and thus the trial Court in passing the part decree in favour of the plaintiff Nos. 2-4 was in error or in other words the decree passed by the trial Court was not a legal one and thereupon set aside the judgment and decree of the trial Court. The High Court Divisio..Category: Property Law | Date: | Hits: 53
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....or declaration that the soleh decree passed in Title Appeal No. 2 of 1975 by the learned District Judge, Kushtia is fraudulent, void and not binding upon them and for declaration that the suit property is not vested property and also prayed for declaration of title and subsequently by ......n-Record-For the Appellants. A.K.M.Shahidul Huq, Advocate-on-Record-For Respondent No.1 Ex Parte- Respondent Nos. 2-3 Civil Appeal No. 216 of 2002 (From the judgment and order dated 08.12.1999 passed by the High Court Division in Civil Revision No. 240 of 1991.) ......defendant No. 4 did not adduce any evidence to prove possession or to prove that the suit property was declared as an enemy property and the last submission that there is no materials on record for legal proof that the defendant respondent No. 4 is in possession of the suit properties through ei..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......ructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by the High Court Division in first Appeal No. 70 of 2004) ......ar due to lack of raw materials caused by the delay of the defendant No.1. 3. It was further averred that the defendant Nos.1 to 4 are trying to inbond the merchandise on the basis of illegal supplementary IGM and the defendant No.5 inspite of legal notice from the plaintiff dated 25..Category: Business or Commercial Law | Date: | Hits: 121
State Vs. Sentu and others, 2004, 33 CLC (AD)
....tting the accused respondents taking an incorrect view about the law relating to "common intention” for committing offence of murder under sections 302/34 of the Penal Code without proper appreciation of facts, materials and evidence on record and thus has caused miscarriage of j......nt: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State……………….........Petitioner Vs. Sentu and others …..........Respondents Judgement December 8, 2004 Lawyers In......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ..Category: Criminal Law | Date: | Hits: 41
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... M. M. Ruhul Amin J Amirul Kabir Chowdhury J Moulana Noor Mohammad..........Appellant Vs Bangladesh Madrasha Education Board, 2, Orphanaz Road, Bakshi Bazar, Dhaka and others ...........Respondents Judgement March 28, 2006. Lawyers Involved: ......a illegally and as such the writ petitioner filed the writ petition praying for declaring the memo dated 22. 04.2004 issued by the respondent No. 2 forming the trust managing committee to be illegal and without lawful authority. 4.The rule was contested by the respondent No.1 stating..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
.... submissions. On perusal the impugned judgment of the High Court Division, we find that the learned Judges of the High Court Division having discussed and considered the case of the parties in proper perspective and in consideration of the relevant provision of law rightly decided the ...... Md. Nabiul Islam Chowdhury………………………....Petitioner Vs Joint Registrar, Divisional Co-operative Office, Rajshahi and others......Respondents Judgment August 13, 2005 Lawyers Involved: ......t Registrar, Divisional Co-operative Office, Rajshahi Division, Rajshahi in Dispute Case No.10 of 2003 (Annexure-1) should not be declared to have been passed without lawful authority and is of no legal effect. 3. The short facts, as stated by the petitioner, in the writ-petition, are to ..Category: Constitutional Law | Date: | Hits: 162
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......iz J Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Secretary, Ministry of Planning, Sher-E-Bangla Nagar, Police Station Mohammadpur, District-Dhaka and others…………………………&hell......cretionary power. As a consequence, the impugned orders in Annexure-P, Q and R flowing from such amendments are indeed to be held as being issued without lawful authority and to be of no legal effect. Consequently, this Court finds that all employees of the project engaged in Phase-I o..Category: Others | Date: | Hits: 87
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
....s. In absence of original deed defendants collected a certificate, that the balam book kept in the Sub-Registrar Office has been burnt; that the plaintiffs have no deed in respect of suit property, if produced would be deemed ineffective and not binding upon the defendants as false deed...... ...... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ..Category: Property Law | Date: | Hits: 32
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....bove thereby declared the aforesaid Memo No. Par-1/Niyog-02/2004/387/1 (20) dated 16.03.2004 (Annexure-D-1 to the writ petition) to have been made without lawful authority and directed PSC to hold proper examination in making selection and recommendation for appointment to the posts of Assi......ourt Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by t......t the writ petition itself is not maintainable challenging the selection of the respondent Nos.1 to 3 and another (of Civil Petition for Leave to Appeal No. 612 of 2005) inasmuch as there was no illegality nor any irrationality or procedural impropriety in the selection and in this connection he..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
.... of 2000. 2. Respondent Nos. 2-4 as plaintiffs filed Title Suit No. 215 of 1996 before the 1st Court of Assistant Judge, Dhaka for declaration of title and recovery of possession of the suit property against respondent No.1 and proforma respondent Nos. 5-6 impleading them as defendant...... Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Belayet Hossain……………….Petitioner Vs. Abul Fayez Md. Abdullah and others…………….Respondents Judgment June 13, 2005......Ali, learned Senior Advocate appearing for respondent No. 1 opposed the petition submitting, inter-alia, that the petitioner has no locus standi to be impleaded as party in the civil revision as no legal right has been acquired in his favour and as such the petition has no substance. 8. We..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....rs in petition No. 392 of 2005 and others stating, inter alia, that the plaintiff was a registered co-operative society and the members of the said society had been doing their business in the suit property and in 1981, fire took place in the market and thereafter also members of the s......rt Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fulbaria Adrasha Market Dokandar Malik Samity & anr...... Petitioners (In Civil Petition No. 392 of 2005) Dhaka Mah......ed Senior Advocate in support of the petition submits, inter alia, that before ascertaining any title or possession of the plaintiff respondents the learned Assistant Judge committed serious illegality in allowing the application for mandatory injunction directing the respondent petiti..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......of Bangladesh, 42/1, Ka Segun Bagicha, Dhaka………………………………… Petitioner Vs. Syed Shahidur Rahman and others…………Respondents Judgement April 25, 2005 ......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....iminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in schedule 'ka' attached to the plaint. 2. Plaintiffs filed the suit sta......There is no order as to costs. Ed. ...... Chakraborty on 28.4.69 and 1.7.69 the plaintiffs acquired no title to the suit appellate court totally ignored the findings of the trial court and that failed to consider the factual and legal aspect of the case as discussed by the said Division, in affirming the judgment and decree pa..Category: Property Law | Date: | Hits: 40
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