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Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......betment of commission of forgery by them. He further submitted that the petitioners were not examined under Section 342 of the Code of Criminal Procedure which is the mandatory requirement of law and as a result the trial has been vitiated. He further submitted that the accused petitioner N..Category: Criminal Law | Date: | Hits: 47
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. ...... charge sheet is to be submitted. In the instant case the High Court Division itself gave direction to lodge F.I.R. under Sections 465/109 of the Penal Code and there by committed an error of law. Mr. A. B. Taz Mohammad could not place any convincing argument in support of the judgm..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ...... of attorney given by him in favour of by Mr. Lutfor Rahman Sarder was genuine. The High Court Division found these facts in favour of the appellant. We will confine ourselves purely to question of law whether on the facts whether the appellant could ask for succession certificate of the jew..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ...... this Hon'ble Court on the following amongst other. 3. The learned counsel appearing for the appellant submits that the learned Single Judge of the High Court Division committed an error of law in sending the suit back on remand to the trial court on the ground that the order of remand pa..Category: Property Law | Date: | Hits: 33
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. ......sion ought not to have made the order of remand suo moto. The learned Counsel further submits that this Division as well as the High Court Division in allowing remand against the settled principle of law as regard remand advanced the cause of the plaintiffs who failed to discharge their onus. In ..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. ......rts below while arriving at their findings of facts in respect of title and possession of the plaintiffs in the disputed property and the learned Single Judge has thus fallen into an error of law in passing the impugned judgment. 7. We have heard Mr. Parimal Chandra Guha, t..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. ......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 proved in accordance with law. 5. It is noticed that the appellant filed an application before the High Court Division..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. ......iable to be evicted. 21. In the facts and circumstances of the case and in the light of the discussion made above, we are of the view that the High Court Division committed an error of law in not holding that the nature and character of the tenancy has been changed with the formation..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. ......etitioner was responsive, in favour of the present petitioner (Respondent No. 4 in the writ petition) seeking declaration that letter of intent has been issued in favour of Respondent No.4 without lawful authority and that letter of intent issued in favour of Respondent No.4 be cancelled or with..Category: Procedural Law | Date: | Hits: 83
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. ......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 lower appellate court with cogent reas..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ...... Supreme Court and the provisions of Articles 49, 50, 51, 57 and 58 of the Representation of the People's Order, 1972 (P.O. No. 155 of 1972) as amended- Article 107. (1) Subject to any law made by Parliament the Supreme Court may, with the approval of the President, make rules for ..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... 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. ......executed by Debendra Chandra Sharma himself on receipt of consideration money for the transfer in question. It is argued that the learned judge of the High Court Division committed an error of law in not considering the evidence of the those witnesses and wrongly set aside the appellate..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. ..Category: Criminal Law | Date: | Hits: 64
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
.... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......nder in time. This submission cannot be accepted on the fact of a specific direction by the High Court Division to surrender. Admittedly, the petitioners did n6t surrender and became fugitive from law. Having regard to this aspect we find no new ground to review the order of this divisio..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....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. ......d document without at all considering the reasoning given and findings made by the court of appeal below in that behalf and without reversing such findings and that in view of the principle of law laid down by this Division as to inadmissibility of oral evidence to construe a document, the H..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......olding "therefore, the suit land has not yet been vested absolutely in the Government and the plaintiff can hold the suit land till the Government takes possession there of in accordance with law. On perusal of the judgment passed by the learned District Judge we fined that he did not consi..Category: Property Law | Date: | Hits: 20
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. ......n for restoration of Civil Rule No.117 (F) of 1993 was filed almost after about 2 years of discharge. Therefore, we are of the view that the High Court Division has not committed any error of law in discharging the Rule being Civil Rule No. 117(F) of 1993. It appears from perusal of the rec..Category: Procedural Law | Date: | Hits: 94
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......pon scrutinizing the materials on record came to the conclusion that the exchange deed Ext. A of the defendants was a bonafide document and as such the High Court Division in second appeal erred in law "in holding that no fraud practiced by the plaintiff respondent". 6. This..Category: Property Law | Date: | Hits: 29
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. ...... Md. Fazlul Haque J. - These two appeals being Civil Appeal Nos. 320 and 321 of 2001 are directed against the self-same judgment and order dated 20-5-1998. Since common question of facts and law are involved in both the appeals, these are disposed of by this judgment. 2. The short ..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....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. ......d gross illegality in awarding compensation for the said goods and/or the price of the goods." "He next submits that in the facts and circumstances of the case, the High Court Division erred in law in giving decree for Tk. 3,60,538.00 as price for the goods not delivered by the bank, though th..Category: Civil Law | Date: | Hits: 79
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