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Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....ner in reinstating the incumbent through magistrate may have been outside of the framework of the statute but since it was not exercised in perpetration of an illegality but in establishing the legal right of respondent no. 2, the Appellate Division is not inclined to interfere…………….(7) ......Advocate-on-Record—For the Petitioner. Abdus Sobhan, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No. 2. Not Represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 967 of 1997. Judgment Mustafa Kamal J. - This petition for leave to......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ords and materials found in the office room of the Headmaster. 5. The High Court Division found that during the pendency of the appeal there was no order of stay of the decree of dismissal of the trial Court. It was found in the said suit that the resignation letter of respondent No. 2 was obtai..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ...... appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the case on remand to the appellate court for re-hearing the appeal upon proper assessment of the evidence on record. But there may be cases w......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the case on remand to the appellate court for re-hear..Category: Property Law | Date: | Hits: 74
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....evidence not being properly considered by the lower Appellate court as final court of fact, resulting in an erroneous decision, in that context the learned single Judge in his revisional jurisdiction rightly held that the lower Appellate Court on surmise and conjectures disbelieved the unregistered ...... 9 of 1985 reversing the judgment and decree dated 27-6-80 passed by the Subordinate Judge, 4th Court Dhaka in Title Suit No. 167 of 1975 decreeing the suit. 2. The plaintiff-respondent filed the aforesaid suit for specific performance of contract. The case of the plaintiff is that the Suit lands......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......tion rightly held that the lower Appellate Court on surmise and conjectures disbelieved the unregistered agreements which were proved by reliable and cogent evidence and confirmed the judgment of the trial court. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Seraju..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
....edge about the fraudulent deed regarding the property. She never suspected that any fraudulent deed was obtained by her son defendant No. 2 nor she had any knowledge as to in whose name the record of right has been published. At the time when the record of right was going to be prepared in that area......e dated 30-6-79 passed by the Munsif 2nd Court, Kushtia in TS No. 68 of 1977. 2. The plaintiff who is the mother of defendant No. 2 and mother-in-law of defendant No.1 filed the suit against them for a declaration that registered kabala dated 17-10-66 is void, fraudulent, without any considerati...... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......ntiff went a Bheramara Sub-Registrar’s Office on her own will and that after receiving the consideration money she executed and registered the kabala. The suit is liable to be dismissed. 4. The trial Court decreed the suit on the findings, inter alia, that the suit is not barred by limitation ..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ure of honey, curds, and clarified butter, each giving and taking being accompanied with a set formula, and the recitation of certain prayers; after which, along with other presents, the bride, whose right hand is joined with that of the bridegroom (these hands being tied with kusa grass), is formal......n Family Appeal No.1 of 1992 reversing those dated 18 January 1992 passed by the Family Court, Saturia dismissing Family Court Case No.8 of 1991 brought by the plaintiff and respondent Monju Rani Das for her maintenance. 2. The parties to the suit both belong to the Shudra caste of Hindu communi......ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......odged as a student. The defendant also disclaimed the affidavit which he said was fake. The defendant did not take any plea that the marriage was invalid for want of any Shastric ceremony. 4. The trial Court disbelieved that there was any marriage between the plaintiff and the defendant and doub..Category: Family Law | Date: | Hits: 212
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
.... Raihan Ali Khandker and others………………Respondents Judgment April 1, 1997. Result: The petition is dismissed. The Evidence Act, 1872 (I of 1872), Section 45 It has been rightly found by the High Court Division that it was unsafe to proceed against the accused persons ...... Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Shaifuddin Chaklader, Advocate-on-Record— For the Petitioner. Not Represented— the Respondents. Criminal Petition for Leave to Appeal No. 201 of 1995 (From the Judgment and Order dated 4-5-95 passed by the High......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......allegations. 7. Both on merit and on the ground that the prosecution was lodged after further inquiry was stopped by the learned Magistrate a Single Judge of the High Court Division held that the trial was illegal. 8. Mr. B Hossain learned Deputy Attorney-General submits that an order of dis..Category: Procedural Law | Date: | Hits: 120
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......sideration and payment towards the same, demand of conveyance and also alleged delivery of possession have not been proved. When the trial court gave cogent reasons of its decision, it was obligatory for the Appellate court to meet the same to hold a contrary view. Therefore, the High Court Division......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......…..…………….........................Respondents Judgment August 10, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The trial court found that the place, time, manner of entering into any oral agreement, settlement of co..Category: Property Law | Date: | Hits: 88
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
.... possession of the said land. They erected structures and planted many trees. They had also mutated their names and obtained separate Khatian in respect of the said land. But the defendants having no right, title, interest and possession have been threatening the plaintiffs with dispossession from t...... learned Single Judge of the said Court, making the Rule absolute, set aside decrees of the courts below and dismissed the suit. 2. The revision case arose out of a suit, Title Suit No. 71 of 1982 for permanent injunction in respect of .19-1/2 acres of land comprised within a plot measuring 2.07......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......…….…………………………………. Respondents Judgment January 22, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 56 The trial court as well as the court of appeal have not been able to find that the plaintiffs are in exc..Category: Property Law | Date: | Hits: 83
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......y the Election Tribunal Moheshkhali, Cox’s Bazar in Election Tribunal Case No. 1 of 1998 allowing an order of amendment. 2. Appellant and respondent Nos. 2-7 contested the election for the office of Chairman Shaplapur Union Parishad held on 22-12-1997. In that election appellant w......ts ‘are practically in the nature of filing a fresh election petition on new allegations. The Election Tribunal surely has the power to allow the parties to amend their pleadings if it deems it fair and proper but it has no power to relate back any amendment to the original date of filing the ...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
.... passed in the earlier suit is illegal and not binding upon the plaintiffs and not related to ‘Ga’ schedule land of the plaint and that for a declaration that defendant No. 1 has not acquired any right, title and interest over 90 decimals of - ‘Kha’ schedule land and further declaration that......uq, Senior Advocate (Nazrul Islam, Senior Advocate with him) instructed by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 pass......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......earlier instituted Title Suit No. 177 of 1994 in the Court of the Subordinate Judge, Dhaka for declaration of the title and partition of the suit properties. That suit on contest was dismissed by the trial Court which decree was affirmed up to the Appellate Division where a review petition was also ..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
.... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ......ceeding has been initiated legally in a competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of process of court” and need be quashed “for ends of justice” dispensation of personal appearance of the accused before such court does not...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ......is lawyer. The said application was rejected by the court on 11-4-1999 leading to filing an application under section 561A Cr.P.C. for dispensing with personal attendance of the petitioner before the trial Court. 3. A Division Bench of the High Court Division rejected the application summarily b..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......te, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the H...... High Court Division in exercise of Article 109 of the Constitution, the High Court Division was competent in the facts of the case to entertain the revision when the conduct of the plaintiff was not fair. 6. From the facts as has been narrated it is palpably clear that the case was fixed on sev......as not fair. 6. From the facts as has been narrated it is palpably clear that the case was fixed on several dates and for securing the ends of justice and for proper adjudication of the issue the trial Judge exercised his judicial discretion and deferred the date of argument and ultimately fixed..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....ppeal leading to filing the present revisional case under section 115(1) CPC in the High Court Division. 6. The learned Single Judge on considration of evidence on record on an elaborate judgement rightly found that the original kabalas were not produced in the trial Court and in the appellate Co......structed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the H......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......endant No.1. 4. The plaintiff examined 4 witnesses including her while defendants examined 3 witnesses including defendant No. 2 but defendant No. 1 did not depose in the suit. 5. The trial Court on consideration of evidence on record dismissed the suit on contest. The plaintiff took..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... is dismissed. The Evidence Act, 1872 (I of 1872), Section 5 Positive testimony of a witness and evidence of other witnesses who testified about the presence of that witness cannot be discarded for non-seizure of blood-stained wearing apparel of that witness specially when presence of the accu......ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......irst Information Report was lodged on 8-5-9 1 at 3-30 AM (within 7 hours of the occurrence) by the father of deceased Munir. On these allegations the accused respondents along with others were put on trial Additional Sessions Judge, First under sections 302/34 and other sections of the Penal Code. ..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....hich the defendants refused and hence the suit. 3. The defendants contested the suit by filing a joint written statement stating, inter alia, that one Yasin Ali of Village Bagha had jote right in the suit land under Sajjad Ali and others. The said Yasin Ali died leaving a son Khalique a......efendants suddenly started constructed a hut in a better portion of the suit land without making any amicable arrangement with the plaintiff, when they demanded upon the defendants in March 1964 for an amicable partition, which the defendants refused and hence the suit. 3. The defe......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......ughters. Defendant No. 1 is in exclusive possession of the suit land and the record was also prepared in his name. The suit is thus liable to be dismissed. 4. The suit was decreed by the trial court hooding, inter alia, that the defendants did not disclose in their written statement as ..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......p; Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No. 128 of 2001. (From the Judgment and Order dated 16.01.2001 passed by a divi...... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......the order of conviction and sentence is bad in law in view of the materials on record and that the prosecution withheld material evidence to establish the guilt of the petitioner and as such the trial court as well as the High Court Division ought to have drawn an adverse inference to secu..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......he High Court Division in Criminal Appeal No. 680 of 1994 allowing the same upon setting aside the order of the Assistant Judge and Special Tribunal, Shariatpur Convicting the accused respondent for the offence punishable under section 19(A) of the Arms Act and sentencing him to suffer rig......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......cognizance of the offence was taken and framed charge under section 19(A) of the Arms Act against the accused respondent, the same was read over to him and to which he pleaded not guilty and demanded trial. 5. The Tribunal upon consideration of materials on record found the accused resp..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....mmad Fazlul Karim J. - This appeal by leave arose to consider the following grounds: I. Because the High Court Division failed to appreciate the nature of the right which had accrued to the petitioner that could not be denied or defeated without reasonab...... Judgment December 18, 2002. Cases Referred to- Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs. Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain......ent December 18, 2002. Cases Referred to- Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs. Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain, 51 DLR (A......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......he S.C.C. Suit No. 16 of 1968 against Dr. Md. Ismail Khan (since dead), predecessor of the present appellants and his son the appellant No. 2 A.B.M. Emdadul Huq as defendant Nos. 1 and 2 respectively for their ejectment from the suit, premises as the monthly ejectable tenant on the ground of default...... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......pondents, referred to the statements made in para. 7 of their Counter-Affidavit filed before the High Court Division, (from the additional paper book) the applications filed by the respondents in the trial Court for substitution of the heirs of said Dr. Ismail Khan and the orders passed by that cour..Category: Procedural Law | Date: | Hits: 83
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....urt of appeal below found that the schedule 1 land recorded in C.S (khasra) Khatian No.267 (Ext. 2A) and the schedule 2 land recorded in C. S (Khasra) Khatian No.260 in the name of Baisnab in raiyati right was taken lease from one Ram Krishna Chowdhury and others and that the defendants Could not ac......udge, Chittagong in Title Appeal No.149 of 1971 affirming those dated 5.5.1971 of the Munsif, Second Court, Patiya in Title Suit No.85 of 1959. 2. The appellants as the plaintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of poss......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......cle of Abhoy Charan Dey fraudulently got schedule 2 land recorded in his name. Since the defendants threatened to dispossess, the plaintiffs instituted the suit. 3. The suit was decreed by the trial Court and an appeal therefrom was dismissed. The respondents thereafter moved the High Court..Category: Procedural Law | Date: | Hits: 112
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