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Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....y the High Court Division, it merely clothes this Court with discretionary power to scrutinize and go into evidence in special circumstances in order to satisfy itself that substantial and grave injustice has been done to the accused. Though the expression “discretionary” has not bee...... 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. ......sed killed his wife and two children. The accused was seen sitting in the adjoining room and on seeing him one witness asked him what has been found about the murder. In reply the accused reclaimed to God to excuse him that “he had committed mistake as he had murdered his wife and two child...... Court observed as follows: “It thus appears that extra-judicial confession appears to have been treated as a weak piece of evidence but there is no rule of law nor rule of prudence that it cannot be acted upon unless corroborated. If the evidence about e..Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....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 to be sent back to the appellate Court for disposal on due consideration o......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. ......pectively) dismissing the same. 2. The suits were filed seeking declaration of title in respect of 30 decimals of land of R.S. Plot No.792 listed in R.S. Khatian No.1700 described in schedule 'Ka' to the plaint and recovery of khas possession of different quantity of land (part of the land descri......or 10 years since the date of dispossession and thereby allowed the defendants to believe that they are the owners of the land in suit, that the appellate Court against the established principle of law that the plaintiff is to establish his case and can not have the relief on the weakness of the d..Category: Tenancy Law | Date: | Hits: 176
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. ......at Tapashee did not commit any breach of agreement, it was finally found that the Sangstha failed to bring its case against the Tapashee Group within the mischief of Article 33(1) of the Order and accordingly, their appeal was allowed. 22. Leave to appeal was granted at the instance of th......os. 64 and 65 of 1989. Judgment ATM Afzal J.- These two appeals by leave taken up together for consideration arise out of a proceeding under Article 33 of the Bangladesh Shilpa......e allowed their appeal. 28. The learned Counsel for the Sangstha defending its case against the directors argued that the directors being agents of the company, the general principles of the law of principal and agent regulate the relationship of the company and its directors. In the pres..Category: Business or Commercial Law | Date: | Hits: 311
State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)
.... to the accused persons on dock, namely (1) Din Islam @ Dina, (2) Rahman, (3) Shahidur Rahman @ Shahid, (4) Abdul Malek, (5) Alam @ Alamgir and (6) Aktar Hossain who pleaded innocence and demanded justice. 6. The defence case as it transpires from the trend of cross-examination of the pro......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......f 2009). Tonai Mollah........................Respondent (In Criminal Petition No. 336 of 2008). Judgment May 24, 2009. Lawyers Involved: S.M. Abdul Mobin, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Petitioner (In Criminal Petiti......nd 2086 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 ..Category: Criminal Law | Date: | Hits: 63
Islami Bank Bangladesh Ltd. Vs. Commissioner of Taxes, Companies Circle-19, 2008, 37 CLC (AD)
....of the Ordinance. In view of the preamble of our Constitution pledging that the high ideals of absolute trust and faith in the Almighty Allah........socialism meaning economic and social justice—shall be the fundamental principle of the Constitution and in view of Article 8(......rned as to whether the payment of Zakat was wholly and exclusively for the purpose of business of the petitioner and not with the religious and moral aspects and consequences of 'Zakat'; that according to the principles of Islamic Shariah and the Memorandum and Articles of Association,......nted— the Respondent Civil Review Petition Nos. 10-12 of 2008. (From the Judgment and Order dated September 3, 2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 823, 824 and 828 of 2005). Judgment ......aled and sought to be reviewed was quite elaborate and no exception has been taken by the petitioner as to narration of the facts in the judgments. 4. The question of law that was made the subject matter of Reference cases is, whether the expenditure on the head 'Z..Category: Fiscal/Taxation Law | Date: | Hits: 145
Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
.... and13.9.2004. In the meantime the accused petitioner filed an application under section 14(1) of the Pourashava Manual before the Additional District Magistrate to call for the records to secure the justice. The Additional District Magistrate directed the Upazila Nirbahi Officer to take legal actio......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ......27. Lawyers Involved: Md. Zahirul Islam with M. Masud Alam Chowdhury, Advocates-For the accused petitioner. Md. Shahidul Islam-For the opposite party No. 2. Ms. Maksuda Akter, Assistant Attorney General-For the State. Criminal Miscellaneous Case No. 3889 of 2005. Judgment Md. R......ore enter into the merits of the case we would like to refer the case of Dr. S. Ashraf Ali Vs. Md. Ahsan Habib and another reported in 56 DLR 169 wherein their Lordships categorically stated how this law gradually developed and settled in the sub-continent. Their Lordships held as under: “In India..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....question of limitation in a casual manner without properly discussing and considering the evidence on this point and the same has resulted in an error in the impugned decisions occasioning failure of justice. He further adds that the father (Afsaruddin) of the pre-emptee petitioner as well as pre-em......of the pre-emptee is that his father transferred 98 decimals of land in plot No.1828 out 110 decimals to him (pre-emptee) on 14.12.1995 vide sale deed No.5416 at the consideration of Tk. 12,000/- and accordingly delivered possession to him with full knowledge of the other heirs of Afsaruddin includi.........Pre-emptee-appellant-petitioner Vs Matiar Rahman Bhuiyan and others……………...Opposite parties Judgment July 31, 2008. Result: The Rule is made absolute. Cases Referred to- 35 DLR (AD) 54, 60 DLR 270 & 35 DLR 238. Lawyers Involved: Md. Golam Mostafa with A...... wrongly in holding that the pre-emptee purchaser is not a co-sharer in the tenancy and thereby illegally affirmed the decision of the trial Court. He next submits that both the Courts below erred in law in deciding the question of limitation in a casual manner without properly discussing and consid..Category: Property Law | Date: | Hits: 37
Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)
....Chittagong was placed to request letter to the government withdraw the order of stay, but no response. 4. Under the compelling circumstances, the petitioners served the notice of demand for justice to the learned Advocate. But he response did not take to hear in respect of notice about ci......n 1996 BLD (AD) page 76 has held that a double standard treatment mutated out to deferent employees by the executive government is defecated”. We being in humble agreement that the Lordships, accordingly hold that while the government issued the order vacating the stay partly granted on 28.......ladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka 1000 and others......... Respondents. Judgment November 08, 2009. Cases Referred to- Abdur Rahim and others Vs. Bangladesh, 48 DLR 538; Director General NSI Vs. Md. Sultan A......as to why the long and unreasonable stay order dated 28.10.2004 as in Annexure–C to the writ petition against the petitioners appointment should not be declared to have been made without any lawful authority and is of no legal effect. 2. It is the case of the petitioners’ are ..Category: Constitutional Law | Date: | Hits: 132
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....the post of Principal as Teacher as per notification dated 02-04-2003. The learned Advocate appearing for the petitioner has further submitted that the petitioner through his lawyer served a demand justice notice upon the respondents on 25.02.2007 for withdraw or rescind the memo dated 18.01.2007......al. The Selection Committee took interview on 23.10.2006 out of six candidates, four candidates were appeared before the selection committee. The petitioner succeed by obtaining highest number and accordingly selection committee recommended the petitioner for appointment as Principal of Abdul Ja...... Judgment Md. Nuruzzaman J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the Memo No. 07(XÐ141) RvZxt wet/Kt ct/93/6026Ð(1) ZvsÐ 18Ð......College, Borhauddin, Bhola and cancelling the appointment proceedings of the petitioner as Principal of said college (Annexure-‘G’) should not be declared to have been made without any lawful authority and is of no legal effect. 2. Facts relevant for disposal of the Rule..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....ised by the Constitution for the exercise of the judicial power of the people on behalf of the people, the people will always remain the focal point of concern of the Supreme Court while disposing of justice or propounding any judicial theory or interpreting any provision of the Constitution. 24.......s as an additional Judge and he takes oath as such. So, this oath cannot extend beyond the period of 2 years. But under Article 95 a judge is appointed without mentioning any period and he takes oath accordingly. This oath under Article 95 of the Constitution in common parlance is known as confirmat......r Rahman, Advocate and others ........Respondents (In Civil Petition No. 2056 of 2008) Judgment February 25, 2009. Result: The Judgment is passed with some observations. Cases Referred to- Al-Jehad Trust Vs. Federation of Pakistan, P.L.D. 1996 Vol-1 page 324; Anwar Hussain Chowdhur......ion and one Judge or a group of Judges can not challenge the judgment passed by another Judge or a bench of Judges since that will amount to challenging their own judgment which is not permissible in law. ...........Moreover if this is permitted the practice will destroy the tradition of high decree..Category: Constitutional Law | Date: | Hits: 251
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......gment and order dated the 12th day of February, 2007 passed by the High Court Division in Civil Revision No.678 of 2002). Judgment Mohammad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 12.02.2007 passed by the High Court Divi......erred the same in favour of the plaintiff on 16.04.1998 by a registered kabala No.3727 dated 16.04.1998 and put the plaintiff in possession of the suit land. The defendant No.1 who is a brother-in-law of aforesaid Monoza Khaton, created a forged deed on 15.03.1998 and forcibly snatched pillars s..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
....te Court, that while disposing the revision the case cannot be sent to trial Court to fill up lacuna of the plaintiff’s case, the observation above are wrong and against provision of law and justice which have occasioned has concerned a failure of justice; that the High Court Division fail...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......006 passed by the High Court Division in Civil Revision No.2658 of 2003). Judgment Mohammad Fazlul Karim J.- This Petition for Leave to Appeal is directed against the judgment and order dated 16.03.2006 passed by the High Court Divi...... appellate Court, that while disposing the revision the case cannot be sent to trial Court to fill up lacuna of the plaintiff’s case, the observation above are wrong and against provision of law and justice which have occasioned has concerned a failure of justice; that the High Court Divis..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......y letter dated 19.02.1966 asking the Deputy Commissioner, Noakhali to deliver possession of 10.17 acres of land to the Delta Jute Mills Limited and to report compliance to the Board of Revenue and accordingly, the formal lease agreement was signed and executed on 07.11.1969 and registered on 13.......sent: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People......ct Headquarter of Noakhali but has not been utilized for the purpose for which the acquisition was made but could not be utilized for any other purpose and as such, the petitioners are entitled in law to get the lands released in their favour and pending their prayer for release the issuance of ..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ng and possessing the same till today but the plaintiffs illegally for getting the suit property filed the instant suit with false allegations and the plaintiffs are not entitled to get any relief according to the law. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the p......vision Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement July 1, 2008. ...... the same till today but the plaintiffs illegally for getting the suit property filed the instant suit with false allegations and the plaintiffs are not entitled to get any relief according to the law. 4. Mr. Md. Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitt..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....arisen as to under which laws, that is, whether under the said laws applicable to BDR, the Penal Code or the Army Act, 1952, the trial of the alleged offenders may be legally held to meet the ends of justice. 13. And whereas the following inadequacy and limitations of the said laws applicable to ...... in the letter of reference conclusively show that the Army Act as it exists now, either with or without notification under section 5, cannot be applied against the accused BDR personnel inasmuch as, according to him, such notification would be hit by Article 35 despite Article 45 of the Constitutio...... Nayeem Mominur Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 ......said 3500 accused persons 26 are departmentally promoted BDR officers (Assistant Director & Deputy Assistant Director) and 91 are civilian employees of BDR and 26 civil persons. 7. Ten eminent lawyers including the President of the Bar participated in the proceeding having been asked by this ..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ......shy;sions of the learned Advocate of the contesting parties and having regard to the statements made in the pleadings of the respective parties found all the issues in favour of the pre-emptor and accordingly, allowed the pre-emption. The pre-emptee, being aggrieved, preferred Miscellaneous Appe......ocate (Appeared with leave of the Court) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 718 of 2008. (From the judgment and order dated 30-11-2005 passed by the High ......e leave petitioner. The pre-emptor filed the pre-emption case claiming to be co-sharer in the case jote within limitation depositing the deed value together with the compensation amount as per law and that the pre-emptee contested the case by filing written objection asserting, amongst other..Category: Property Law | Date: | Hits: 38
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....ants having been proved by cogent and probable witnesses, the High Court Division erred in law in setting aside the conviction and sentence of the accused appellants causing serious miscarriage of justice. He lastly submits that the reasonings given by the High Court Division for discard the con......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......her…………….Respondent (In Criminal Petition No. 273 of 2007) Judgment March 12, 2009. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represe...... Criminal Appeal No.3837 of 2003, Criminal Appeal No.3883 of 2003 and Criminal Appeal No.3810 of 2003 are allowed and Criminal Appeal No. 4255 of 2003 is dismissed and common questions of facts and law being involved in all the petitions, the same are disposed of by this single judgment. 3..Category: Criminal Law | Date: | Hits: 53
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......dure inasmuch as Order 7 Rule 11 is not exhaustive. In an appropriate case resort may be taken to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ...... Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1426 of 2006. (From the judgment and order dated 18.10.2005 passed by the High ......t that the plaintiffs are fictitious persons. The positive case of the defendant are that Abdul Halim died leaving behind no issue and the suit property vested with the Government as per law. 4. The defendant Nos.1 and 7 submitted written statement denying the plaint's case cont..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......nt and paid rent upto Agrahayan 1388 B. S. and that after his death the petitioner became the tenants by way of inheritance and that the rent offered for the month of Poush 1388 B. S. was refused and accordingly the rent was sent though postal money order, which returned unpaid with endorsement that......d-For the Petitioners (In both the cases) Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Raman, Advocate-on-Record-For the Respondents (In both the cases) Civil Petition for Leave to Appeal No. 878-879 of 2008. (From the judgment and order dated 16.03.2008 passed by the High C......t cannot be sustained. The learned District Judge appears to have failed to understand the provisions of Section 18 of the Rent Control ordinance as well as the meaning of defaulter under the tenancy laws. 6. The S.C.C. Suit No.195 of 1984 has been dismissed by the S.C.C. Court observing, amongst..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......tion and the suit was decreed ex-parte on 28.11.1993, pursuant to which the writ-petitioner bank filed an application for drawing up of the final decree permitting sale of the mortgage property and accordingly a final decree was passed and drawn up 30.05.1994 and thereafter the writ petitioner f......l 12, 2009. Lawyers Involved: M. A. Sobhan, Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1529 of 2008. (From the judgment and order dated 17.04.2007 passed by the High Court......le was discharged for default as no one appeared on 22.05.2006 and the order of stay granted earlier was vacated and the executing court was directed to proceed with execution case in accordance with law and that on the prayer of the petitioner bank the writ petition was restored to its original fil..Category: Banking Law | Date: | Hits: 373
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