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Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....dismissing the appeal affirming the judgment and decree dated 06.06.1989 passed by the learned Subordinate Judge, Second Court, Khulna in Title Suit No.67 of 1982 dismissing the suit. 2. The facts, in short, are that the plaintiff petitioner filed Title suit No. 67 of 1982 in the Court of ...... (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Haripada Goldar.................Petitioner Vs. Md. Sahabuddin Sheikh and others…........Respondents Judgment ......shy;er on adverse possession of the suit land inasmuch as the appellate court was itself competent to re-determine the suit by framing necessary issue when there was no order for taking additional evidence in the matter. It is stated that while the Rule in the said Civil Revision was pending the..Category: Property Law | Date: | Hits: 32
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....93 passed by the Assistant Judge, 2nd Additional Court, Barisal in Title Suit No.39 of 1991 drawing a preliminary decree for separate saham for 2.05 acres reducing the same from 3.81 acres. 2. The facts of the case, in short, are that the plaintiff filed Title Suit No. 39 of 1991 in the 1st Court......ed in: VI ADC (2009) 760, VIII ADC (2011) 350. ...... to consider the submission of the learned Advocate for the appellants that "Because the High Court Division has erred in modifying the decree passed on concurrent findings of fact upon reassessing evidence although there was no case of non-consideration of evidence." 5. Mr. S. M. Munir, learne..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....ther directing the writ respondent Nos. 1-10 to follow the final gradation list published on 1.10.1990 (Annexure-H) relating to the writ petitioner respondents and other writ respondents. 2. The facts relevant for disposal of these appeals are common as detailed in those writ petitions, inter a......5, 50 & 51 of 2004 here. Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Government of Bangladesh and others................Appellants (In Civil Appeal Nos. 69-70 of 2002) Abdul Muktadir and oth......ounted from the date of their ad-hoc appointment. The Public Service commission, the Ministry of Communication and the Department of Roads and Highways made enquiries for a long time but did not find evidence of the failure of the writ petitioners before the PSC and accordingly the PSC Vide letter d..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
....the Constitution. At the end of the hearing of the appeals, we have come to the unanimous and unhesitating conclusion that it is not, and the Act is a valid piece of legislation. Now we turn to the facts leading to these appeals and give the reasons for our decision. 2. The appellant in C......riar Rashid Khan..............Appellant (In Civil Appeal No. 18 of 1997) Sayed Faruque Rahman Col. (Reted.).......Appellant (In Civil Appeal No. 19 of 1997) Vs. Bangladesh and others............Respondents (In both the appeal) Judgment April 19, 1998....... or as necessary step towards, the change of Government of the People's Republic of Bangladesh and the Proclamation of Martial Law on the morning of the 15th August, 1975, shall be sufficient evidence of such act, matter or thing having been done or step having been taken in connection with..Category: Constitutional Law | Date: | Hits: 167
....456, 6461 and 6457 of 2003. In all these writ petitions the writ petitioner and the writ respondents are same and the writ petitions arose out of different tender contracts but containing the similar facts and circumstances and involving similar issues.
2. In Writ Petition No. 3570 of 2003 the le......244-246, 248-50 of 2005)
Luthfar Rahman…................Appellant (In Civil Appeal No. 245 of 2005)
Ohiduzzaman Chowdhury......Appellant (In Civil Appeal No. 247 of 2005)
Vs.
Md. Eunus and Brother (Pvt.) Ltd…............. Respondents (In all the Appeals)
And
Md. Eunus and Brot......ue notice for failure to complete the contracted work within the stipulated time limit.
24. Thus it appears that there were disputed question of fact which requires to be adjudicated upon taking evidence for coming to a proper decision. However the High Court Division on detailed discussion f..
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ....... XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sanction from the proper authority is without jurisdiction and the order of conviction and sentence passed is illegal. Lawyers Involved: Abdur Razzaque K......e order of the Superintendent of Police, Tangail of his Memo No. 1023 dated 16.2.91. 5. As it appears on the question of sanction for the prosecution the High Court Division found that there is no evidence on record showing such sanction from proper authority though for prosecution of the accused..Category: Criminal Law | Date: | Hits: 63
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
.... authority framed a committee to release the imported goods subject to turn those goods as scrap in presence of the committee in the private ICD, Chittagong but the respondent suppressing the total facts filed the instant writ petition for illegal gain and since the respondent imported the goods ......Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The Commissioner of Customs and others…………………….... Petitioners. V......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....on taking 25% solatium and then the High Court Division, discharging the Rule. 3. The learned counsel for the petitioner submits that the High Court Division without at all considering the facts and circumstances, the issues involved and also misconstruing the provisions of forfeiture of...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Mrs. Zinnatul Ara and others……….............Petitioners. Vs. Government of the Peo......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam and others ........ Petitioners. Vs. Md. Abdur Rouf....... Respondent. Judgme...... Division committed error of law in directing the petitioner No.1 to pay a solatium of Tk.4,50,000 over and above the loan amount of Tk.3,50,000 in an arbitrary manner without any justification or evidence as to how such solatium was calculated and further solatium may only be paid in relation t..Category: Property Law | Date: | Hits: 28
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....anner as alleged inasmuch as the occurrence is the result of successful mutiny by some Army personnel. 11. The trial Court, thereafter, in consideration of the evidence on record as well as facts and circumstances of the case by judgment and order dated 08.11.1998, acquitted four of the a......mel Hossain J S. K. Sinha J Major Md. Bazlul Huda (Artillery)……….....Appellant (In Criminal Appeal No. 55 of 2007, Criminal Miscellaneous Petition No. 08 of 2001 and Criminal Review Petition No.03 of 2000). Lieutenant Colonel Syed Faruque Rahman…&......punishable under Section 302/34 of the Penal Code. 8. The learned Trial Court Judge also framed another charge under Section 201 of the Penal Code for wilfully causing disappearance of the evidence. 9. Appellants Farooque Rahman, Sultan Shahriar and Mohiuddin (Artillery), who were..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
....e party seeking to admit any statement or admission of any person recorded in a compact disk or video cassette or any interview conducted by any television channel relating to a relevant a fact or facts in issue, must also produce the original compact disk or video cassette or the programme publ......W.11, stated that he was a member of unit he on reaching at the parade ground he noticed that the parade was disorderly, that in the parade Farooque Rahman came there along with Major Ahmed Hossain and then Farooque Rahman and other officers went to the office of Mohiuddin (Lancer) and he also no......He further stated that at about 10 P.M. Major Rashid and Farooque Rahman came to the varendha of his office and some times thereafter they jointly left the place with a jeep. 182. The above evidence shows that Major Rashid and Farooque Rahman, who as the records show are close relation, a..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....ing far reaching consequences. 367. We have already passed a short order dismissing the appeal which forms part of the judgment. 368. Since my learned brother has stated the facts of this case in details in his judgment and order, I would not repeat the same. The above app......inal.’’ ......ous unknown to civilization and rare in the history of mankind. 341. Mr. Mahbubey Alam, the learned Attorney General, termed it as tragic and inhuman (he burst into tears while placing the evidence on murder of Sheikh Russel). Mr. Ajmalul Hossain, Q.C., described it as horrendous killing..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....ay in Lodging F.I.R. 497. On the second ground of delay in lodging the First Information Report (FIR), my learned brother Md. Tafazzul Islam, J in his judgment has extensively discussed the facts, relevant laws, grounds of delay in lodging the FIR including the background and the scenario...... time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ......opinion in respect of all the accuseds i.e. where first learned Judge acquitted all accuseds and the second learned Judge convicted all, and secondly, when there is difference of opinion either on evidence or points of law leading to conviction under different provisions of law or acquittal of s..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....rsons including appellant Lt. Col. Farooque Rahman, and implicated rest of the accused persons from the information collected from other sources. If he had ill motive to implicate and/or embellish facts against the accused persons, he could have vividly mentioned therein the role played by each ......er. ...... explain every hours delay and a commonsense view has to be taken in ascertaining whether the first information report was lodged after undue delay so as to afford enough scope for manipulating evidence. Whether the delay is so long as to through a cloud of suspicion on the seeds of the pros..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... witness itself requires that corroboration should be insisted upon, and that the question, whether corroboration of the testimony of a single witness was or was not necessary, must depend upon the facts and circumstances of each case. 775. In respect of Lt. Col. Mohiuddin Ahmed (a......r. Ajmalul Hossain, Q.C. has referred the case of State of U.P. V. M.K. Anthony, AIR 1985 SC 48 on this point of admissibility of extrajudicial confession. In that case the accused killed his wife and two children. The accused was seen sitting in the adjoining room and on seeing him one witness ......ra) and other decisions (AIR 1974 SC 1545, (1975) 1 SCR 747, AIR 1975 SC 258, AIR 1966 SC 40 and AIR 1977 SC 2274) Desai, J. and was of the view that there is neither any rule nor of prudence that evidence furnished by extra judicial confession can not be relied upon unless corroborated by some ..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....he judgment and decree of the trial Court, that appellate Court having had not discussed the evidence and in the absence of non-discussion of the evidence, correct decision in the background of the facts and circumstances of the case as could not be arrived at for ends of justice the case required......ith costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......on of the petitioners before the High Court Division that the judgment of the appellate Court was not a proper judgment of reversal since the finding of the trial Court, which was based on material evidence, was not reversed, that the finding of the appellate Court in the background of the Ext. C ..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....rected against the judgment and order dated 15.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.2862 of 1995 disposing of the Rule with modification. 2. Short facts are that the plaintiffs instituted Partition Suit No. 107 of 1992 in the Court of Assistant ......Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Sohrabuddin Molla.................................Petitioner Vs. Aminul Islam and others..............................Respondents Judgment February 25, 2004. ......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..Category: Property Law | Date: | Hits: 22
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....posite party Nos. 7-11. 2. In Civil Appeal No.64 of 1989 aforesaid OP Nos. 6-9 are the appellants and in the other appeal, Civil Appeal No. 65 of 1989 the Sangstha is the appellant. The facts leading to these appeals are as follows: 3. The Sangstha, in the aforesaid procee......p; Latifur Rahman J Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin S......alment of Taka 14 lakh to the Dockyard there was no dispute, but the payment of the second instalment of Taka 28 lakh was very much disputed. The High Court Division upon scrutinising the facts and evidence on record and the submissions made on behalf of the Dockyard Group clearly found that Taka..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....min CJ. - By this petition the petitioner seeks review of the judgment and order dated 8th July, 2008 passed in Civil Appeal No.284 of 2001 dismissing the same with cost of Tk.10,000/-. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a ......resent: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Golam Rabbani…………………………….Petitioner Vs. Chairman, Court of Settlement and others……………..Respondent Judgment December 4, 2008. Lawyers Involved: Fazlu......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ..Category: Property Law | Date: | Hits: 32
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
....of 2003 acquitting the convict appellants namely Shahidur Rahman alias Shahid and Tonai Mollah. 3. All the petitions are being disposed of by the same judgment as common questions of law and facts are involved therein. 4. The facts, in short, are that the deceased Advocate Md. Habi......iminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State................Petitioner (In Criminal Petition Nos. 335 and 336 of 2008). Md. Abdul Hai Bhuiyan ...........Petitioner (In Criminal Petition No. 125 ......n conspirators in the murder of Advocate Habibur Rahman. 14. It appears that so far P.W.2 is concerned the High Court Division made the assessment of his evidence and gave the following finding:- "Making conspiracy of killing the de..Category: Criminal Law | Date: | Hits: 63
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