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Simon Singh Vs. State, 2008, 37 CLC (AD)
....n 342 of the Code of Criminal Procedure to which he repeated his innocence. The defence did not adduce any evidence. 8. The defence case as could be gathered from the trend of cross-examination is total denial and inter alia case is that he is neither responsible for nor connected with the occurr...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ..Category: Criminal Law | Date: | Hits: 47
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....er granted to consider whether the High Court Division failed to consider the fact that respondent No. 4 has only claim in the property to the extent of 1/5th of her deceased fathers share, of total land of 1.20 acres and that her share can be fully met from within remaining .46 acres of lan......the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......ute really arose over title and possessor interest of the parties. In that circumstances, the order of temporary suspension of the plan cannot be said to be illegal, arbitrary and without any jurisdiction. It is also on record that before suspension of the plan by the RAJUK both the parties..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......for non-joinder of parties. The Eastern Bank Ltd. cannot compel the plaintiff to implead the aforesaid person on an alleged ground that the subject matter of the suit cannot be adjudicated in their absence. Eastern Bank Ltd. purposefully filed the aforesaid application for addition of parties wit...... rejected the same by assigning appropriate reasons and there is no ground to interfere with the impugned order. The said persons are neither necessary nor proper parties and the Court has no jurisdiction to add them as parties under Order 1 Rule 10(2) of the Code of Civil Procedure. Before..Category: Others | Date: | Hits: 95
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......) of the Special Powers Act, 1974. The learned Special Tribunal Judge No. 3, who heard the case on transfer, framed charge against the appellant under section 25(1) of the Special Powers Act in the absence of the appellant as he, after obtaining bail earlier, failed to appear. The prosecutio...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ..Category: Criminal Law | Date: | Hits: 70
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......mission that since the Dispatch Register and the Peon Book, subject matters of alleged forgery, were not produced in First Miscellaneous Appeal No. 109 of 1996 the High Court Division exceeded its jurisdiction in conducting a preliminary inquiry into the matter by examining witnesses and ma..Category: Criminal Law | Date: | Hits: 49
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
.... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......the subject matter of Title Suit No. 360 of 1979, (later on renumbered as Title Suit No. 39 of 1993) wherein defendant No. 1 is one of the defendants and thus the said suit being pending there is absence of cause of action and as such the suit of the plaintiffs is liable to be dismissed. 5. T...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......civil petition for leave to appeal before this Division. 6. Leave was granted to consider the submission that the learned Single Judge of the High Court Division has traveled beyond his jurisdiction under section 115 of the Code of Civil Procedure by reversing the concurrent finding o..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......nity to die concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 505. ......id Kanai Lal Roy has filed the leave petition No. 267 of 2000 and obtained the order of granting leave in this appeal to consider the grievance of the petitioner whether the High Court Division has jurisdiction to grant the Probate merely on the consent of the parties without the will being prove..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......t the same was valid for one year only and after the expiry of one year it does not hold good. Accordingly the terms and condition of the agreement are not binding upon the parties and in the absence of any written registered agreement the parties will be guided by the provisions of Premise......ted on the ground of default in the payment of rent. 5. The learned S.S.C Judge dismissed the suit. Being aggrieved the plaintiff-appellants moved the High Court Division in revisional jurisdiction under section 25 of Small Cause Courts Act. The High Court Division discharged t..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......g executed or to make its direction effective. In view of the Discussions made hereinabove the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 485. ......e Respondent No. 2 to award one of the phases of the contract to the Respondent No. 1 being of the nature of act of the arbiter is not sustainable in law as because the High Court Division in writ jurisdiction is not authorized to arrogate to itself the power of arbiter. 8. The learned C..Category: Procedural Law | Date: | Hits: 83
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......oration. The rejection of the prayer for adding him as a party has caused serious miscarriage of justice. In view of the pending litigations between the parties in the civil court and in the writ jurisdiction in respect of allotment of the self same shop it is just and proper that the writ pet..Category: Procedural Law | Date: | Hits: 78
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......rnment firstly contended that the Court of appeal below being the final court of fact having rightly reversed the findings of the trial court, the High Court Division sitting in the revisional jurisdiction has committed an error of law in setting aside the findings of facts arrived at by the..Category: Property Law | Date: | Hits: 22
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... based on such comparison." 9. Drawing analogy of the aforesaid decision and also on the point shifting the onus Mr. Dutta emphatically argued that when the plaintiff totally denied the alleged signatures and execution of the two disputed deeds then the onus was the...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... Appeal bellow as regards the shifting of onus upon the defendant. In such view of the matter the argument of Mr. Nikilesh Dutta is to the effect then the High Court Division in its revisional jurisdiction rightly concurred with the findings and decision of the trial court and rightly rever..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......al. 3. Leave was granted to consider the submissions that the learned Additional Sessions Judge and Judge of Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Sylhet had no territorial jurisdiction to try the case and there is no material on record to show that the appellant in any w..Category: Criminal Law | Date: | Hits: 64
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....instead of a kabala or a sale deed with a view to defeating the right of pre emption." 10. The learned Counsel for the appellant has submitted that the High Court Division on a total misreading of the evidence of P.Ws 2 and 4 and that without considering at all the reason......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..Category: Property Law | Date: | Hits: 44
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......Lawazima Bench with the said name of the advocate need not be always accepted as recording his presence in court in the face of other materials with assertion of learned Advocate declaration of absence from Dhaka from 6.2.1996 to 9.2.1996". "For that the facts o......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ..Category: Procedural Law | Date: | Hits: 94
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ......ted in terms of Rule 143(3) and the concerned inquiry officer's offered personal hearing to the petitioners and after due inquiry found the petitioners guilty and as this court, under writ jurisdiction cannot sit as a court of appeal and decide whether the said inquiry officer's on..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....1984 in the 2nd Commercial Court, Dhaka for decree for delivery of imported goods or price of the goods amounting to Tk. 4, 81,516.00. mesne profit of Tk. 1,00,000.00 and damages of Tk. 1,80,000.00 totaling Tk. 7,61,516.00 upon allegations, inter alia, that he carries on bossiness in the firm name......udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......nancy Act has not given any definition of the word 'abandonment'. But it connotes the idea of a tenant vacating the land with the intention of never returning to it. Mere temporary absence or absence in circumstances which cannot lead to the inference that the tenant h....... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......id Kanai Lal Roy has filed the leave petition No. 267 of 2000 and obtained the order of granting leave in this appeal to consider the grievance of the petitioner whether the High Court division has jurisdiction to grant the Probate merely on the consent of the parties without the will being prove..Category: Civil Law | Date: | Hits: 114
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