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Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....No. 1030 of 1997 dismissing the same. 2. The plain tiff-respondent herein filed Title Suit No.252 of 1974 for declaration of his title and recovery of khas possession of the suit land and also for mesne profits stating, inter alia, that he purchased the suit land as described in 'Ga', sch......e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......titioner filed Title Appeal No.150 of 1978 and the learned Subordinate Judge, who heard the appeal, allowed the same by judgment and decree dated 26-12-1981 and sent back the case on remand to the trial court for fresh decision. Thereafter, the suit was heard afresh and the learned Munsif upon c......ohammad Fazlul Karim J Syed J. R. Mudassir Husain J Abu Sayeed Ahmed J Azizullah @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment February 23, 2003. ..Category: Procedural Law | Date: | Hits: 71
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nce. Apart from the merit of the ease, this petition is barred by 63 days and explanations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......ospital where he had died subsequently. 3. Upon the said first information report, police investigated the case and thereafter, submitted charge-sheet on 8-12-2001 and the case was ready for trial and it was transferred to Divisional Druta Bichar Tribunal, Barisal for trial being Druta Bic...... State……………………………..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman, Senior Advocat..Category: Criminal Law | Date: | Hits: 34
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
.... to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1 = 1979 BSCR 375; Rokeya Khatun vs Alijan @ Alijan Bepari and others 34 DLR (AD) 266; Harmes and another vs Hinkson AIR 1946 PC 156 and Paresh Chandra Bhowmick vs Hiralal Nath and others 36 DLR (AD) 156. ......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......be mentioned during the pendency of the suit Rativan Bibi, the plaintiff, died leaving her heirs i.e. her sons Amjad Hossain and Abul, Hossain, daughters Rahela and Khatun Bibi. 6. The trial Court dismissed the suit on the finding that the suit is not barred by limitation, that the ......ur Rahman....................Appellant vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1 = 1979 BSCR 375; Rokeya Khatun vs Alijan @ Alija..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
..............................Appellants vs Md. Mojibar Rahman and others.........................Respondents Judgment November 22, 2005. Cases Referred to- Parsotim and others vs Lai Mohar and others 58 Indian Appeals, 254; Cecil Waldron Andrew vs Helen Andr...... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......e and thereupon setting aside the judgment and decree dated 29-8-1990 of the Court of District Judge, Gaibandha in Title Appeal No. 45 of 1988 whereby the appellate Court sent the suit back to the trial Court for disposal of the same in the light of the discussion and direction made in the judgm......is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....ernment Primary School which was attended by Mr Shah ASM Kibria MP and a former Minister as Chief Guest and that after concluding the meeting while he along with aforesaid Mr Kibria was coming out some unknown miscreants with a view to commit murder threw a powerful grenade which being exploded ......ion was drawn, in particular, to the statement made in paragraph 10 of the leave petition which we have already quoted above. To examine the allegation of the learned Counsel for the petitioner we called for the records of GR Case No. 26 of 2005 from the learned Magistrate concerned. 32. ......an, Advocate Fazle Ali and many other injured persons have already been included in the charge-sheet as witnesses. Moreover, there is no bar to produce any witness by the prosecution at the time of trial even if their names do not find place in the charge-sheet. 27. We have given our anxio...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Mazid Khan (Md) Advocate........Petitioner vs State and another... .........Respondents Judgment ..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
.... SC 69; Sheikh Abdus Sattar vs Returning Officer and others 41 DLR (AD) 30; Bangladesh vs Md Azizur Rahman 46 DLR (AD) 19; Sharfat Ali vs Union of India AIR 1974 SC 1631; CB Boarding and Lodging vs Mysore AIR 1970 SC 2042; Kashabananda Bharati vs State of Kerala AIR 1973 SC 1461; Anwar Hossain Chowd......y the members of Parliament is not incompatible with the preÂamble of the Constitution nor has it changed the basic structure of the Constitution. MoreÂover, a system of indirect election cannot be called undemocratic as the same is provided in the Constitution itself from the very date of its com......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......rt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represenÂted by the Secretary, ..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....der, (6) Pathar Ali and (7) Jinnah Sarder this appeal arises out of the judgment and order dated the 4th and 5th, 2001 passed by the High Court Division dismissing Criminal Appeal No. 1819 of 1994 so far as it relates to the present appellants. In the said judgment two other convicts, namely, Ay......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......eneral appearing on behalf of the respondent, opposes the appeal submitting, inter alia, that co-accused Zinnah Sardar made a confessional statement which was found to be true and voluntary by the trial Court and therefore he cannot escape the punishment. 8. He further submits that in the......JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Majid Sheikh alias Majid and others... ............Appellants vs State……………..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....ashem seeks leave to appeal against the judgment dated 27-8-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4924 of 1991 discharging the Rule. 2. The predecessor of the deceased pre-emptor Amirun Nahar instituted Miscellaneous Case No. 193 of 1972 befo...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......s and also was barred by limitation. His further case was that he was co-sharer in the case land and, as such, the prayer for preemption is to be refused. 3.The moot point agitated in the trial Court by the respondent was that the petitioner (pre-emptee) being co-sharer the preemption c...... Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Kashem............................Petitioner Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Invo..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
.... Judgment March 28, 2006. Result: The appeal is allowed. The High Court Division should exercise its jurisdiction to enlarge the accused on bail after being satisfied that there are reasonable grounds for believing that the accused respondent is not guilty of the offence…………â€......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......on Case No. 8 dated 16-3-1999 was started which, however, after investigation ended in final report. That Chatak Police Station Case No. 11 dated 26-3-1999 was sent to Special Tribunal, Sunamganj for trial and while the case was preceding the Government by notification under section 6 of Druto Bicha...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Result: The appeal is allow..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....as filed stating, inter alia, that Md Abdur Rashid, maternal grandfather of the plaintiff, proposed to sell the land in respect whereof decree for specific performance of contract for sale is sought for consideration of Taka 19,000 and the plaintiff agreed to purchase the land at the p......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......ead of 15 decimals. It may be mentioned two other plots i.e. Plot No. 1536 comprising 20 decimals of land and Plot No. 1537 comprising 25 decimals of land are also in the deed. 7. The trial Court decreed the suit on the finding that the plaintiff has been able to establish, by both ...... Present: Md Ruhul Amin J MM Ruhul Amin J Ali Akbar (Md)...............................Appellant vs Shajirannessa Bewa and others........Respondents Judgment &..Category: Property Law | Date: | Hits: 26
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
.... like to add only few words stating to the effect that preparation of Electoral Roll is one of the positive steps for democratic process which will ensure the right of franchise of the people and also help stability of our democratic institutions. 3. Now as per our judgments, the Election......y him the preamble of our Constitution ensures political justice which cannot be denied to its citizens and if the names of persons appearing at the existing Electoral Roll are deleted from the so-called fresh Electoral Roll, then purpose of political justice shall become meaningless. In conclus......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. C..Category: Election Law | Date: | Hits: 159
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....hat the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of the land of one Abdul Gafur Sheikh by damaging his onion crops on 28-1-1996 at about 3-30 PM and so Abdul Gafur Sheikh protested prohibiting Aynul Sheikh not to dig the drain. At this Aynul Sheikh......Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... spade, lathi and mugur, etc. with other accused namely, Shamsu Sheikh, Syed Sheikh, Jamir Sheikh. Saken Sheikh, Md Sheikh, Rabbani Sheikh, Firoz Sheikh and Mosharof Sheikh (since acquitted by the trial Court) and Shafiuddin Sheikh and Jaber Sheikh (the two appellants) and entered into the said ...... Ed. ..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....nbsp; Md Fazlul Karim J. - The delay of 189 days in filing the application for leave to appeal is hereby condoned for the reasons stated in the application for condonation of delay. 2. The plaintiff-petitioner seeks ......to be belonging to the company is wrong and malafide and this will be evident from the report emanating as late as 5-10-1977 from the Directorate of Commercial Audit of the respondent No.1. The so-called profile; prepared by the Disinvestment Working Group is erroneous and malafide as has been a......fairs of the Company was entrusted with the Bangladesh Chemical Industries Corporation, the defendant No.3. The Government took a policy decision for disinvestment of some of the nationalised industrial concerns and abandoned properties and a high-powered body was constituted by the name "D......fazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....hman, J: This Preamble is not only a part of the Constitution; it now stands as an entrenched provision that cannot be amended by the Parliament alone. one of the fundamental aims of our society is to seÂcure the rule of Saw for all citizens and in furtherÂance of that aim Part ......urt Division is missing and the constitutional balance had been dislodged. He pointed out that the Attorney-General could not jusÂtify by citing any authority for transfer of pending cases to the so-called Permanent Benches, when the amendment itself is completely silent about it. 44. Dr. Kamal ......aken into account even before policy has been decided. On a narrower basis, the Government also consults without-side interests when drafting legislation, e.g. the T.U.C, and the C.B.I, on industrial and economÂic matters, or the B.M.A. on matters affecting the National Health Service, This......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the SecreÂtary, Ministry of Law and Justice, Bangladesh SecreÂtariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....or the court is to see whether there are tangible evidence connecting the accused with the crime. Since we have found that the recovery of the sandal and the dagger have not been proved beyond all reasonable double, the prosecution case which rests only on oral evidence cannot be relied on for susta...... High Court Division is set aside. Conviction and sentence of acÂcused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157......ed Dablu and concluded "Therefore, the recovery of the plastic sandal links appellant Dablu with the crime". The learned Sessions Judge, however, omitted to mention the implication of the sandal. The trial Court proÂceeded relying on the confessional statement and noÂticed that in 342 statements t......M H Rahman J ATM Afzal J Mizazul Islam @ Dablu.......Appellant Vs. The State......................... Respondents Judgment January 22, 1989. Result: The appeal is alÂlowed and the judgment and order of the High Court Division is set aside. Conviction and sentence of acÂ..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....gh Court Division rightly confirmed the order. A party cannot be forced to withdraw its suit or abandon its claim in the suit. If the plaintiffs are still willing to proceed with the suit they may do so and it will be disposed of in accordance with law…………………..5 & 6) Lawyers Inv......he suit they may do so and it will be disposed of in accorÂdance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......II, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, at the stage, the case was ready for trial. Such defect could be corrected by amendment of the plaint which the plaintiff did not during ......41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Abul Kashem and othÂers Vs. State, 1989, 18 CLC (AD)
....atullah, but the appellants dealt several blows on her with kirich, ramdao and sendao killing her on the spot. Abul Kalam fled away to save himself. While fleeing away he raised alarm which attracted some neighbours with whom he reÂturned after half an hour and found the dead body of his mother lyi......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152...... blows of kirich, sendao and ramdao and dragged her dead body out of the hut and left it in the garden and then abducted him. In due course the appellants were challaned by the police and were put on trial before the Court of Session on the charges of murder of Halima Khatun, and abduction of Sharia......ed in: 41 DLR (AD) (1989) 152..Category: Criminal Law | Date: | Hits: 57
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....— For ReÂspondent No.1. Criminal Appeal No. 4 of 1988. Judgement: M.H. Rahman J. — Appellant was conÂvicted under section 406 of the Penal Code and senÂtenced to suffer rigorous imprisonment for three months by the trial Court; He was also directed to pay the sale proceeds of the pa......lly proved. It was accepted by all the three Courts below. We find no reason to inÂterfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......iminal Appeal No. 4 of 1988. Judgement: M.H. Rahman J. — Appellant was conÂvicted under section 406 of the Penal Code and senÂtenced to suffer rigorous imprisonment for three months by the trial Court; He was also directed to pay the sale proceeds of the paddy entrusted to him by the comp...... Vs. Kabir Ahmed & anothers.................Respondents Judgment January 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
.... Ramjan Ali. Hence they are acquitted of the charges under section 302/149. Participation of appellant Budhi is well established. It is he who had first Harled Halanga at the victim’s abdomen and also shouted putting him to death. Thus conviction under section 302 of the Penal Code against this ac......cluding one, 2" x 2"x abdomiÂnal cavity. As to the nature of the halanga, P.Ws. have said that its blade was a pointed iron fixed on a bamboo split and in that locality this kind of weapÂon is also called 'halanga'. The cumulative effect of these eleven injuries, which are antemortem and homicidal......entenced to transportation for life. 2. These five appellants, namely, Tayeb Ali, Budhai alias Abdul Jabbar, Ramjan Ali, Lokman Ali and Pir Ali, along with 13 others, were also convictÂed by the trial Court under section 148 of the Penal Code and sentenced to fine of Tk.1000/- in default, rigor......d.This Case is also Reported in: 41 DLR (AD) (1989) 147..Category: Criminal Law | Date: | Hits: 49
Bangladesh House BuildÂing Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....y contract to the contrary, is entitled to treat the interest due under a mortgage as a charge upon the mortgage property, and the mortgagor, at the time of redemption, is bound to pay the interest also, and not the principal debt alone. Clause 3 in the mortgage-deed settles the issue. It is linked ......of seÂcuring the payment of money advanced or to be adÂvanced by way of loan an existing or future debt or the payment of an engagement which may give rise to pecuniary liability. The transferor is called a mortÂgagor, the transferee a mortgagee; the principal monÂey and interest of which paymen......orporation and the borrower are reflected in the terms of mortgage deed itself and such mortgage deeds were executed by the Respondents-borrowers. Hence, the suit is liable lo be dismissed. 8. The trial Court decreed the suit in part. It was held that the mortgage deed and the sanction letÂter w......t: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH RahÂman J ATM Afzal J Bangladesh House BuildÂing Finance Corporation....................Appellant Vs. Abdul Mannan, Advocate and others……...............................Respondents Judgment January 11, 1989. Resul..Category: Property Law | Date: | Hits: 41
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