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Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ...... of 1996 allowing the appeal reversing those dated 25.01.1984 passed by the learned Assistant Judge, 2nd Court, Narayanganj in Title Suit No.210 of 1980 decreeing the suit on contest. 2. The facts leading to the case are that the petitioner-predecessor-in-interest as the plaintiff filed a ..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re 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: VI ADC (2009) 772. ......ook place on 31.12.1995, remained in existence when the application for preemption was filed on 5.3.1996 and as the transfer dated 31.12.1995 was not subsisting on 5.3.1996 as the land in question was transferred to the present respondent No.1 on 4.2.1996 the right to pre-emption was th......re 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: VI ADC (2009) 772. ..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......ng his life time. Moreover the suit land was recorded in the name of Monmotha Nath. The finding of the trial court having been affirmed by the appellate court as well as the High Court Division the question of banami has been the conclusively decided by the courts below against the plaintiff. The......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 ..Category: Property Law | Date: | Hits: 32
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......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..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
....e appeals are allowed without any order as to costs and the impugned judgment and order making the rules absolute are hereby set aside. Ed. This Case is also Reported in: I ADC (2002) 230. ...... concerned Ministry and Department, the benefits of their service can not be denied to them as it was decided in the circular dated 22.4.84 (Annexure-k-2) which remained in force being unchanged. The question of giving seniority to the ad-hoc appointees was considered in a subsequent meeting held ......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..Category: Employment/Service Law | Date: | Hits: 118
Shahriar Rashid Khan and other Vs. Bangladesh and others, 1998, 27 CLC (AD)
.... the change of such Government and the Proclamation of Martial Law on that morning. KHANDAKER MOSHTAQUE AHMED President DACCA; The 26th September, 1975 ......tively) Judgment ATM Afzal CJ.- These two appeals, certified by the High Court Division under article 103(2)(a) of the Constitution, involve consideration of one central question and that is, whether the Indemnity (Repeal) Act 1996, Act No. 21 of 1996, briefly the Act,......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..Category: Constitutional Law | Date: | Hits: 167
....already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......of the writ petitioner, the High Court Division was wrong in holding that the present petitioner entered into the subsequent contract at his own peril. The learned Counsel lastly submitted that the question whether the writ-petitioner was entitled to extension of time is a disputed question of f......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..
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. ......ed in the case although the Investigating Officer in the charge-sheet mentioned about the 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 ......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. ..Category: Criminal Law | Date: | Hits: 63
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....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: ......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: ...... 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 ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....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: ......dated 1.2.2009 of the High Court Division passed in Writ Petition No. 7492 of 2005 discharging the Rule. 2. Facts, in brief, are that the petitioners filed the above writ petition calling in question the provisions section 12(3) of the Artha Rin Adalat Ain, 2003, the notice for auction sa......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..Category: Civil Law | Date: | Hits: 88
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....uo;OF THE SUBMISSION OF SENTENCES FOR CONFIRMATION” and section 429 is included in chapter XXXI under the heading “OF APPEALS” but the language used in both the sections is almost identical. The expressions “as he thinks fit” used in both the sections postulates that......2007 which was heard analogously with Criminal Petition for Leave to Appeal Nos. 95, 96, 97 and 98 of 2001. 19. All the above mentioned petitions for leave to appeal having raised the same question of law and fact were disposed of by one leave granting order granting leave as follows: ......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..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......l or those key points by deploying troops with artillery and then their object was materialised. All these acts of the accused are done in one series in the course of carrying through the design in question–there is community and continuity of purpose. These conducts of the appellants are ......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..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....dal–Vs-State reported in 15 DLR (1963) 615 and State–Vs-Abul Khair and 2 others reported in 44 DLR (HCD) 284. 376. Mr. Mahbubey Alam, the learned Attorney General, has also made identical submission like Mr. Anisul Huq in respect of the scope and jurisdiction of the third lea......abilitating them in different foreign missions of Bangladesh by President General Ziaur Rahman and subsequently by the next President General H.M. Ershad and thereafter under State patriotism. They questioned how the State instead of becoming the Prosecutor of such a gruesome mass killing played ......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..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....e other two judges. 483. In the case of Tanviben Pankajkumar Divetia–Vs- State of Gujrat reported in (1997) SCC 7 156 = AIR (1997) SC 2193 the observation of Supreme Court of India on identical provisions of Section 429 (own law) reads as under: “The plain re......first, that what is laid before another Judge is the “case” and, secondly, what the judgment or order follows is the opinion delivered by such Judge. I am not now concerned with the question of the trial of two prisoners with regard to one of whom the Judges composing the Court o......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..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ......t he could not take any action against the persons involved in the incident. He stated that Khandaker Mostaque declared the killers as descendants of king Surya of the Surya Dynasty. In reply to a question on behalf of Lt. Col. Syed Farooque Rahman, Col. (Rtd) Shafayet Jamil (P.W.44) stated that......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 ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ......udge reproduced the disclosure of the accused to the witness as follows: “Oh God Pardon me, I have done blunder, I have murdered my wife and children.” 746. Now the question is whether this extra judicial confession deposed by the witness can be the sole basis for...... 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..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......11.1961 was initiated and from the order-sheet (Ext. c) of the said Miscellaneous case, it is seen that there was a local inquiry and at that time defendants were found in possession of the land in question, that the defendants are in possession of the land in suit for more then 40 years and the......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..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....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. ......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. ......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 ..Category: Property Law | Date: | Hits: 22
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......them not liable. Mr Rafique-ul-Huq argued that High Court Division was wrong in appreciating the purport of the said judgment and allowed itself to be misled by not examining independently the question of liability of the directors in the light of the facts alleged and proved in the case. ......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..Category: Business or Commercial Law | Date: | Hits: 311
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....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. ......e 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 two storied building thereon ......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 ..Category: Property Law | Date: | Hits: 32
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