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Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Court shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made fo.......2.2003 but the same was rejected by the learned Additional Sessions Judge on 2.4.2003. 5. Section 265 (1)(1) provides that where the accused is not acquitted under section 265H, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof. Se...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......cted by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-For the Respondent. Criminal Petition For Lave of Appeal No. 4 of 2004 (From the Judgment and Order dated 22nd October 2003 passed by the High Court Division, in Criminal Revision No. 1185 ..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....sed by the High Court Division in Criminal Appeal No. 1605 of 1997 altering the conviction of the accused petitioner under section 412 of the Penal Code and reducing the sentence of-imprisonment for a period of 5 years and to pay a fine of TK. 5,000/-, in default, to suffer rigorous im...... Uddin, arrested 3 accused persons (including the petitioner), produced them under arrest before Rajbari Police Station with the help of the police and lodged First Information Report (hereinafter called the FIR) at 11.35 hours on 2.2.1993, stating, inter alia, that having done the buying and se......nbsp; including the petitioner, as the accused pleaded not guilty and claimed to be tried and where the case was transferred to the Court of Assistant Sessions Judge, Rajbari for trial. 4. Upon trial, the accused were convicted and sentenced as aforesaid whereupon the pe......y Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Petitioner. Not represented-For the Respondent. Criminal Petition for leave to Appeal No. 283 of 2004 (From the Judgment and Order dated 12th April 2004 passed by the High Court Division, in Criminal Appeal No. 1605 of 1..Category: Criminal Law | Date: | Hits: 23
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....sp; Amirul Kabir Chowdhury J.- This appeal by leave is directed against the judgment and order dated 14.03.2000 passed by the High Court Division in Writ Petition No. 2871 of 1999 making the rule absolute in part. 2. The facts, in brief, leading to the appeal are that the respondent, Bangl......3 dated 25.07.1999 of Katowali Police Station, District Narayangonj 40 women including children were produced before the learned Special Magistrate on 28.07.1999 and the learned Special Magistrate called for a police report regarding them and on 05.08.1999 the report being received about 30 of t......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......ourt Appellate Division (Civil) Present: Syed J.R.Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Ba..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
.... Judgment: Md. Ruhul Amin J.- This is plaintiffs appeal by leave against the judgment dated August 16, 2001 of a single bench of the High Court Division in civil revision No.255 of 2000 making absolute the rule upon setting aside the judgment and decree dated October 28, 1999 of the 2nd court o......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......ent of rent regularly the plaintiff did not grant receipt and thereupon he filed the House Rent case No.1 of 1993 and depositing the rent in the said case, that the house rent case was allowed by the trial Court and as against that plaintiff did not file any appeal, that plaintiffs case of default b...... Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. Lawyers Involved: Mahb..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....Suit No. 213 of 1979. He further submits that the High Court Division was in error that "It appears that the properties involved in the two suits are not the same and the parties thereto are also different" in as much as the learned Single Judge did not consider the plaint of both the ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......Advocate-on-Record appearing for the respondents opposes the appeal contending, inter-alia, all the properties involved in both the suits are not same nor the issues are common and as such the trial court rightly rejected the application for stay and the High Court Division in its turn disc...... Amirul Kabir Chowdhury J Abdul Jabbar………………………………….. Appellant Vs Sultan Ahmed and others……………………Respondents &nb..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....how cause notice along with the report of the Inquiry officer, that while he was served with the 2nd show cause notice the authority wanted to know from him whether he would like to be heard in person or not and finally the authority dismissed him from the service of the College by&nb......he background of the said non-proper inquiry the same is illegal and the action of the authority is nothing but misuse of power, that the order of dismissal passed in respect of the plaintiff is uncalled for and that action of the authority demonstrates highhandedness in respect of a ‘dhar...... that time he admitted his guilt and the college authority finally having had found the reply given to the show cause notice not satisfactory dismissed the plaintiff from the service. 5. The trial Court decreed the suit on the findings that the allegations brought against the plaintiff do ...... Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....tate, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and other donations and also for a direction upon the respondent No. 5 (defendant No.10 in the suit) to hand over cash and ki...... the writ petitioner could seek clarification/ interpretation of the impugned order of respondent No.1 in Civil Revision No.1207 of 1999 before the High Court Division is totally unwarranted and uncalled for. 14. The observation of the High Court Division that the writ petition is a devic...... to receive money of Mazar Sharif. 5. The suit of the respondent Nos.3 and 4 was dismissed and the suit of the present appellant and others was decreed. As against the judgments of the trial court respondent Nos. 3 and 4 filed Other Appeal Nos. 31 and 30 of 1994 respectively before t......Huq, Advocate-on–Record-For the Respondents. Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No.2999 of 1999) ..Category: Trust/Waqf Law | Date: | Hits: 190
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....neous Case No. 153 of 2002. Thereafter, Delwar Hossain Talukder as petitioner moved the High Court Division whereby Rule was obtained in Criminal Miscellaneous Case No. 9363 and the same was made absolute by the learned Judges of the High Court Division by judgment and order dated 4.11.2002 enla......y be curtailed. Strictly speaking, the accused respondent is arrested for committing an offence of murder and he may be deprived of his liberty. 7. We are called upon to decided as to whether the Division Bench of the High Court Division was correct in e......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ......ecord-For the Appellant Abdul Malek, Senior Advocate, instructed by A K M Shahidul Hug, Advocate-on-Record-For the Respondent Criminal Appeal No. 7 of 2003 (From Judgment and Order dated 4.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No. 9363..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....irmed the order passed by the Collector of costumes but reduced the redemption fine to Tk. 1 lac. The appellant filed a revisional application before the Secretary, Ministry of Finance, Internal. Resources Division on 15-12-90 under section 196 of the Act, which was rejected by an order, dated 2...... the Government's power is wider than it was in the unamended section. The High Court Division noticed only the unamended section. Under the amended section 196B the Government could have called for and examined the record of the proceedings and could have satisfied itself as to the leg......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ...... Attorney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-3 Ex parte-Respondents no.4 Civil appeal No. 2 of 1993 (From the Judgment and Order dated 27-8-92 Passed by the High Court Division in Writ petition No. 3182 of 1991) ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....nd Dyeing Limited and another is from the judgment and order dated 13.12.2004 passed by a Division Bench of the High Court Division in Civil Rule Nos. 638 (F) and 639 (F) of 2004 making the rule absolute and direction the petitioners to hand over possession of the suit property to the respondent......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......n Civil Rule Nos. 638 (F) and 639 (F) of 2004 making the rule absolute and direction the petitioners to hand over possession of the suit property to the respondent within 15 days failing which the trial court is to restore immediate possession of the suit property to the respondent by ...... Ed. ..Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
....loyees of RAKUB the Board of Directors adopted Padannoti Nitimala and RAKUB circulated a draft list and in the said seniority list the writ petitioners have been placed on the top of the list who also appeared before Padannoti Nitimala committee to consider their promotion from the post of Assist......very much maintainable and that the decision was taken in the 263rd meeting recommending promotion of the respondents and so the petitioners are legally bound to implement the same and the so called condition of vetting by the Chairman was without jurisdiction and as such the order passed b...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The Chairman, Board of Directors, Rajshahi Krishi Unnayan Bank and another.... Petitioners vs Md. Abdul Motaleb and others .........................R..Category: Employment/Service Law | Date: | Hits: 81
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....ip;……….Respondent Judgment January 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 106 The onus of proof that it was the condemned prisoner and none else who killed his wife and daughter was all along with the prosecution. The onus n......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......rted, 3. The police after investigation submitted charge sheet against the condemned-prisoner Mukter Hossain under sections 302/201 of the Penal Code and on receipt of the case record, the trial Court framed charge under the aforesaid sections of the Penal Code but the same could not be ......llip;…….Respondent Judgment January 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 106 The onus of proof that it was the condemned prisoner and none else who killed his wife and daughter was all along with the prosecution. The onus never s..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....ed an application under Order VI, rule 17 of the Code of Civil Procedure for amendment of the plaint by incorporating a prayer for partition as an alternative to the prayer for eviction and also for addition of two persons as defendants. The trial Court on consideration of the appl......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......vil Procedure for amendment of the plaint by incorporating a prayer for partition as an alternative to the prayer for eviction and also for addition of two persons as defendants. The trial Court on consideration of the application for amendment rejected the same on contest by order......Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Shafiqul Islam Chowdhury (Md.) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents ..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....d according to physical possession and measurement was 0.42 acres as described fully in the schedule of the plaint and the same was ejmali. The further case is, that Moulvi Mukti Miah, the predecessor-in-interest of the parties to the suit while owning and possessing the 16 annas share of the su......rough court. A co-sharer in possession of excess land than his share is bound to part with the same. 12. Since the Advocate Commissioner did not depose before the trial Court nor the Court called him as witness, his report was not admitted in evidence. In that state of the matter, the Hi......im any share in the suit land during the lifetime of Mukti Miah. The defendant No. 1 also prayed for the allotment of a separate saham in respect of his share in the suit property. 4. The trial Court by judgment and decree dated 26-6-1993 decreed the suit in preliminary form and allotte...... Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Parti..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....lied on the case of Shahidur Rahman Majumder (Md) Shahidullah Majumder and others vs. Sahirunnessa and others reported in 1 BLC (AD) 43. In the circumstances, we do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. ......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......a 6,50,30,034.18 to be paid within 90 days with interest @ 14% from 1-4-1997. The defendant filed an application under section 151 of the Code of Civil Procedure against the ex-parte decree but the trial Court by order dated 7-7-1999 rejected the same on the ground that there was alternative reme......51 of the Code of Civil Procedure where an alternative remedy exists ……….(6) Case Referred to- Shahidur Rahman Majumder (Md) Shahidullah Majumder vs. Sahirunnessa and others, 1 BLC (AD) 43. Lawyers Involved: Enayet Hussain Khan, Advocate, instr..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....tive Tribunal, Dhaka on 11-7-90 in Administrative Tribunal Case No. 132 of 1986. 2. Respondent Md. Golam Rahman Mallik who was at the material time an Additional Land Acquisition officer, Jessore was arrested on 6-3-83 in connection with Kalia P.S. Case No.5 of 1982 and was suspended ......ers made by the President in exercise or purported exercise of the powers derived from the law (which includes Rules), shall be deemed to have been validly made, done or taken and shall not be called in question in or before any Court, Tribunal or Authority on any ground whatsoever. Mr......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-Fo..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
.... granted lease of Chundeecherra Tea Estate for a period of 35 years for the purpose as stated hereinbefore, the Government on July 15, 1978 transferred 12 Tea Estates to the appellant which also includes the above mentioned Tea Estate and the appellant by the aforementioned agreement became......w any third party to enter into the tea estate for this purpose, that illegality has been committed by the High Court Division in holding that respondent Nos. 1-3 have authority to lease out the so-called Balumohal without realising that the petitioner is the lawful lessee under the provision of......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment September 6 2007. Lawyers I..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
.... interlocutory order of the Artha Rin Adalat and in that view of the matter the impugned judgment and order is liable to be set aside by this Division. It is finally submitted that in view of some conflicting decisions of the High Court Division in the cases of Sonali Bank vs. Ali Tannery, ......Division. But section 6(1) and the proviso to section 7 have made all other judgments not appellable which does not result in a decree but results only in an order and the same cannot also be called in question before any court of law or authority. The aforesaid sections 6(1) and 7 are repr......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......im J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. Pubali Bank Ltd. and others ................Respondents Judgment August 1, 2007. ..Category: Banking Law | Date: | Hits: 157
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....380/- as advance for supplying fish to the complainant; that the accused did not supply the fish in time, on query the complainant came to know that the trawler for catching fish of the accused was disordered, thereafter the complainant again paid Tk.30,000/-to the accused; thereafter the accused wi......rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......the petitioner and subsequently the petitioner was granted bail. It is further stated that the charge under Section 420 of the Penal Code was framed against the petitioner and the case is pending for trial and in the meantime 4 (four) witnesses have been examined. 3. Challenging the aforesaid pro......e Court Appellate Division (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahamed J Golam Sarwar Hiru....................Petitioner Vs. The State and other...........Respondents Judgment July 10, 2002. Result: The petition is dismisse..Category: Criminal Law | Date: | Hits: 92
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ely Abdul Kader alias Kada, Hasen Ali, Dudu alias Duda Mondal, Mafizuddin alias Chan, Sayeduzzaman and Abdur Rahman, under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life. The learned Sessions Judge by the same judgment acquitted accused Abdus Samad Mond....... In due course records were sent to the Court of Sessions Judge, Jamalpur and thereupon Session Case No. 58 of 1990 was registered. 9. The accused persons in all 7 were put on trial and they were called upon to answer the charge under section 302 read with section 34 of the Penal Code to which t......the Penal Code. 8. In due course records were sent to the Court of Sessions Judge, Jamalpur and thereupon Session Case No. 58 of 1990 was registered. 9. The accused persons in all 7 were put on trial and they were called upon to answer the charge under section 302 read with section 34 of the P......llate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J The State..................................Appellant Vs. Abdul Kader alias Kada and others...........Respondents Judgment 22 August, 2007 Cases Referred To- Abdul Manna..Category: Criminal Law | Date: | Hits: 44
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