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Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
....oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ...... not write out a proper judgment the Appellate Division could go through the judgments of the courts below to find out whether any miscarriage of justice has been caused but that cannot be a ground for remand of the case………………(10) Lawyers Involved:......oper judgment as the same suffers from no error of law and fact. For the reasons stated above the petition dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 54. ......tions 3 of the Penal Code and each of them was sentence to suffer rigorous imprisonment for life and to pay a fine of Taka 10,000 in default, to suffer rigorous imprisonment for one year more. The trial Court also convicted accused Petitioner Nos. 2-9 under section 201 of the Penal Code and sent..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....whether any such issue was suggested by the petitioners before the trial Court or before the lower appellate Court. This issue was raised for the first time in revision and the High Court Division rightly found that the plaint contains sufficient descriptions of the suit land and in the evidence......dvocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioners. Md. Aftab Hossain, Advocate-on-Record — For the Respondent No. 1. Civil Petition for Leave to Appeal No. 132 of 1998. (From the judgment and order dated 19-5-1997 passed by......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ......udgment Mustafa Kamal CJ.- The plaintiff-respondent’s suit for declaration of title to the suit land on the basis of adverse possession was decreed by the trial Court, the defendant-petitioner’s appeal was dismissed by the lower appellate Court and..Category: Civil Law | Date: | Hits: 127
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......, Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There is no provision for revival of the case after lapse of two years under section 8(a) of the Criminal Law Amendment A......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ......en raised in this appeal by leave as to whether in view of the provision of section 8(a) of the Criminal Law Amendment (Amendment) Act, 1987 the learned Special Judge having failed to complete the trial within 2 years, from the date of coming into force of the said Act XIII of 1987, the High Cou..Category: Criminal Law | Date: | Hits: 59
Moslem Uddin (Md) Vs. State and another, 2000, 29 CLC (AD)
....t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......; May 26, 1999. The Code of Criminal Procedure, 1898 (V of 1898), Section 526 Order of transfer of a case ex parte without any notice to the parties or without calling for a report of the court concerned is an act of arbitrariness and absolutely wrong. ......t of the Sessions Judge. In the circumstances, the petition is grudgingly disposed of with the observations as above. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 50. ......ecatory order passed by Division Bench of the High Court Division transferring Sessions Case No. 83 of 1998 from the Court of Additional Sessions Judge to the Court of Sessions Judge, Nawabganj for trial on an application under section 526 of the Code of Criminal Procedure filed by the informant..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decision on framing specific issue by the trial court and on such grounds ......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49.......e question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decision on framing specific issue by the trial court and on such grounds plaint cannot be rejected……………… (6) Cases Referred t..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......d: Md. Wahhab Miah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Not represented — The Respondents. Civil Petition for Leave to Appeal No. 969 of 1998. (From the judgment and order dated 20 November, 1997 p......sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......dat Mridha and Jamir Hossain died. But re-conveyance was refused by the defendants on 29 October 1979 in spite of tender of the money in accordance with the terms of the agreement. 2. The trial Court decreed the suit in consideration of the evidence on record. The contesting defendants ..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....have been possessing their respective portions by mutating their names and paying rents to the Government. Since 1939 the respondent—petitioner and the other respondents did not challenge the right and title of the predecessors-in- interest of the writ-petitioner. Therefore, their claim of......llip;….………………Respondents Judgment July 1, 1999. The Constitution of Bangladesh, 1972, Article 102. It was absolutely necessary for the High Court Division to comment on the petitioner’s title to and possession of the dis......7. Md. Shahidul Alam Chowdhury, learned Advocate for the petitioner, submits that the Court of Wards, acting under the Court of Wards Act, 1879 does not perform a function in connection with the affairs of the republic but in connection with the affairs of private property. Therefore, the impugn......ndency of the writ petition respondent No. 1 petitioner filed an application for injunction in Title Suit No. 11 of 1997. The petitioner’s prayer for temporary injunction was rejected by the trial Court by judgment and order dated 23-6-97. The issuance of the impugned notice of eviction wa..Category: Constitutional Law | Date: | Hits: 164
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......ho refused to accept the cost of Taka 1000.00 beyond the time set down by him, while sending the case on remand. 2. The plaintiff, now respondent No. 1, instituted Title Suit No. 261 of 1991 for specific performance of a contract for sale. An Assistant Judge of Dhaka decreed the suit agai......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ......erefrom. The First Subordinate Judge heard the matter on transfer. By judgment and order dated 8 July 1996, he allowed the appeal with a cost of Taka 1000.00 and sent back the case on remand to the trial Court with a default clause. 3. The defendant sought to deposit the cost money of Ta..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....eld book, saham list by the Advocate Commissioner final decree takes effect and thereafter remains nothing to be done. Passing of the final decree in a partition Suit finally determines the rights of the co-sharers in the land. In a pre-emption proceeding under section 96 of the S......; November 21, 1999. The Code of Civil Procedure, 1908 (V of 1908), Section 2(2) The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), Section 24(11) In a suit for partition, after filing of the report along with the case map, field book, saham list by the Ad...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......ale deeds and thereafter the pre-emptee got his name mutated and also spent a substantial amount of money for improvement of the case land. Hence the pre-emptor is not a co sharer. 4. The trial Court dismissed the three pre-emption cases by a common judgment holding that in view of the ..Category: Property Law | Date: | Hits: 57
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ......dents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave……..(4) Lawyers Involved: Khandker Mahbubuddi...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ......6-97 from which the plaintiff-petitioners have preferred this petition for leave to appeal. 2. Khandker Mahbubuddin Ahmed, learned Advocate for the plaintiff-petitioners, submits that the trial Court merely on a consideration of the dakhilas found that the petitioners are not in possess..Category: Property Law | Date: | Hits: 73
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
....e of contract, the petitioner will not be remediless and mere pendency of the appeals of the petitioner cannot be a ground to stay further proceeding of the Execution Case to the deprivation of the right of the respondent to receive rent. 5. On reference to the judgment of the High Court......lah………………Respondent Judgment February 7, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 Pendency of a suit for specific performance of contract in respect of the premises in which the respondent obtained a ...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ...... in the said Court. On transfer to the Court of Subordinate Judge, 5th Court, Dhaka those were renumbered as Title Suit Nos. 228 of 1995 and 132 of 1995 respectively and were heard analogously. The trial Court decreed Title Suit No. 228 of 1995 for eviction of the petitioner and dismissed Title S..Category: Property Law | Date: | Hits: 87
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
.... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......est and so is the case with Fatu alias Atowar Hossain. So this T I parade has become doubtful on two counts, firstly there is an inordinate delay in holding T I parade and secondly there was chance for PW 1 to see the accused persons in Court lock up before the identification in the T I parade. ...... and they are acquitted of the same. The appellants be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 14. ......As the dacoits could not be identified by name they were not named in the First Information Report. Subsequently aft submission of the charge sheet these appellants along with others were placed on trial before the learned Additional District Magistrate, Bogra who convicted and sentenced the app..Category: Criminal Law | Date: | Hits: 92
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....le to be forfeited upon cancellation of the licence. So, the cancellation of a licence is a serious matter adversely touching a person’s pecuniary interest. More than that, it affects a fundamental right of a citizen to conduct any lawful trade or business subject to certain restrictions imposed b......appellants. 2. The respondent’s case in the writ petition was that he carries on business of export of manpower to different countries as proprietor of Metropolitan International holding licence for the purpose issued by the Government under the provision of the Emigration Ordinance, 1982 (Ordi......cause has been highlighted when a person is called upon to meet or explain some charges brought against him. 17. In not giving specific facts with particulars in the show cause notice, the rule of fairness which is a part of the principle of natural justice has been offended. It is true that the ......ained leave to appeal submitting that the High Court Division misinterpreted the scheme of the Ordinance and failed to see that under section 26 provision was made for constituting special Courts for trial of offences under the Ordinance whereas section 14(1) expressly confers upon the Government th..Category: Constitutional Law | Date: | Hits: 192
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ...... Lawyers Involved: Abdul Baser Majumder, Advocate, instructed by Abul Quasem, Advocate-on-Record — For Sit Petitioners. Not represented—Respondent. Civil Petition for Leave to Appeal No. 803 of 1994. (From the Judgment and Order dated 11-894 passed by th......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ......y be restored to its file. 2. On the plaintiff-petitioner’ revision, Civil Revision No. 117 of 1993, a Division Bench of the High Court Division found that the procedure adopted by the trial Court will encourage the filing of spurious medical certificates. The doctor who granted the..Category: Procedural Law | Date: | Hits: 118
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....inance will be a defaulter and not entitled to protection under section 18 of the Ordinance. It is; however, open to a tenant to plead waiver in a particular case to show that the landlord waived his right to receive rent in terms of the agreement or the law. It does not appear that any plea of waiv...... Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioner. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 50 of 1997. (From the judgment and order dated July 2, 1996 passed b......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ......ion, Title Suit No. 146 of 1990 of the First Court of Assistant Judge, Khulna, filed by the plaintiff-respondent alleging default in payment of rent and bonafide requirement, which was decreed by the trial Court, and the same was affirmed in appeal and then in revision taken by the petitioner. Now t..Category: Tenancy Law | Date: | Hits: 70
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....ken by the High Court Division that the applicant has to be put back into possession of the disputed property as mandated by rule 101 notwithstanding the suit filed under rule 103 to establish the right of the plaintiff to the present possession of the property. In other words, the direction und...... Md Fazlul Karim, Senior Advocate, instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented—Respondents. Civil Petition for leave Appeal No. 209 of 1997. (From the judgment and order dated November 27, 199......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......an Banik, from taking delivery of possession of the property in execution of the judgment and order passed in Miscellaneous Case No 6 of 1994. As already noticed the prayer was rejected both by the trial Court and the appellate Court. 3. The High Court Division upon noticing the pro..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ......als arise Out of a Certificate granted under section 66A (2) of the Income Tax Act, 1922 by a Division Bench of the High Court Division in Application Nos. 30 and 31 of 1989 in which the appellant formulated 5 questions of law for decision of the High Court Division under section 66(1) of the In......cited the case of L’Office Cherifien Des Phosphates and another vs. Yamashita Steamship Co Lid, (1994) IAC 486 (Hol) (524) submitting that the basis of the rule regarding retrospectivity is fairness. if assessments of 1977-78 to 1979-80 could be made on the basis of the Circular, without ......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
.... avoid this deposit, it appears, the petitioner has sought a short-cut by invoking section 151 CPC which is not applicable in such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR...... Lawyers Involved: AKM Nurun Nabi Khan, Advocate, Supreme Court, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioner. Not represented — the Respondent. Civil Petition for Leave to Appeal No. 343 of 1994. (From the Judgment and order dated 27-2-1994 passed by the ...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. ......it was decreed ex parte on 30 August 1993 whereupon the petitioner filed an application under section 151 CPC for setting aside the decree on the ground of fraud. This application was rejected by the trial Court on the ground of non-maintainability, in that alternative remedy by way of an applicatio..Category: Civil Law | Date: | Hits: 120
Abdul Khaleque and Others Vs. Md. Hanif and Others, 1997, 26 CLC (AD)
....he accused petitioners have any locus standi to file an application for withdrawal of the case? 4. Mr. AKM Faiz, learned Advocate, submits that the accused petitioners have acquired a vested right and the impugned order having been passed in a judicial proceeding they have locus standi to ......R Yousuf, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Respondent No. 1. Not represented—Respondent Nos. 2 & 3. Criminal petition for Leave to Appeal No. 143 of 1996. (From the Judgment and order dated 8-7-96 passe...... can be made on the merit as well. The petition is dismissed and the stay order granted earlier is hereby vacated. Ed. This case is also reported in: 49 DLR (AD) (1997) 134 ...... Comilla and at that stage an application under section 494 of the Code of Criminal Procedure was filed by the Public Prosecutor for withdrawal of the case against 43 persons out of 62 accused. The trial Judge found that 37 accused persons were absconding and the Court issued warrant of arrest, ..Category: Criminal Law | Date: | Hits: 63
Abdur Rouf (Md) Vs. Abdul Hamid and others, 1997, 26 CLC (AD)
....me Mutwalli. When defendant No. 1 became Mutwalli the plaintiff used to pay rent of the suit-shop to defendant No. I and defendant No. 1 having come to know about the illegal entry in the record of rights in respect of the suit land filed title suit No. 13 of 1986 and the said suit is pending. Pl......Lawyers Involved: Syed Dastagir Hossain, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record—For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 154 of 1995. (From the Judgment and order dated 29-11.94 passed by ......tted any illegality in affirming the decision of the trial Court. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 423, 49 DLR (AD) (1997) 133 ......1-5-1989, a earned Single Judge of the High Court Division in Civil Revision No. 146 of 1989 (Sylhet), re-numbered as Civil Revision No. 1618 of 1991 (Dhaka) affirmed the judgment and order of the trial Court. The defendant being aggrieved by the impugned judgment of the High Court Division is s..Category: Property Law | Date: | Hits: 61
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