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Ummu Kawsar Salabil Vs. Shams Corporation (Pvt.) Ltd. and ors., 1984, 13 CLC (AD)

....entioned in the tender form. On the contrary we are of the opinion that prima facie, the defendant No. 3 had the requisite quali­fication in participating in the tender. We have considered the facts and cir­cumstances and the materials on record and we are of the opinion that the plainti...... Chowdhury ATM Masud J Syed Md Mohsen Ali J Ummu Kawsar Salabil………………….Appellant Vs. Shams Corporation (Pvt.) Ltd. and ors.............Respondents Judgment December 4, 1984. Words and Phrases ......quo; Trial of the suit is to be concluded on or before 20th December, 1984. There will be no order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) (1985) 117. ..

Category: Others | Date: | Hits: 84

Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)

....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ......Court Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Joynal Abedin and others...........Appellant Vs.   The State ………&he......hellip;……………………………Respondent Judgment February 11, 1985. Words and phrases Discrepancy in the evidence Discrepancy in the evidence of the eye-witnesses and the evidence of the doctor hol..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)

.... the case of Buxly Paints (Bangladesh) Ltd. Vs. Bangladesh reported in 31 DLR (AD) 266 and the decision in the case of ICI (Bangladesh) Ltd. Vs. M/S G. K. Brothers reported in 36 DLR 114. 23. The facts of the case reported in 31 DLR (AD) 266 is that Buxly Paints (Bangladesh) Ltd. a public limite......Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Works, Dhaka..........Appellant Vs. KM Zaker Hossain and others....... .................Respondents Judgment August 5, 2002. Cases Referred T......rney or his representative was in possession of the disputed property and was managing the same. Neither before the Court of Settlement nor before the High Court Division respondent No.1 produced any evidence to show that on 28-2-1972 the owner or his attorney was in possession and was managing the ..

Category: Property Law | Date: | Hits: 40

Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)

....;pondents that the writ petition so filed was not maintainable and that a writ petition of mandamus does not lie against the respondents and the writ petition so filed involves disputed question of facts and, as such, not maintainable. 12. It is seen from the judgment of the High Court Di...... Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Moudud Ahmed and others..........Appellants Vs Md Anwar Hossain Khan (dead) and others…&he......e Constitution and they are performing their functions in con­nection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ..

Category: Constitutional Law | Date: | Hits: 147

Hazer Ali Mandal and others Vs. State, 1984, 13 CLC (AD)

.... decision of the trial Court. The chain of circumstances established against appellant Hazer Ali Mondal conclusively estab­lish that he is guilty of the offence charged. He failed to set up any facts, which may cast reasonable doubt over the prosecution case or to show that the circumstantial...... Appellate Division (Criminal) Present: FKMA Munim CJ Badrul Haider Chowdhury J   Chowdhury ATM Masud J Syed Md. Mohsen Ali J Hazer Ali Mandal and others………....Appellant Vs. The State…&hellip......ellip;…………...Respondent Judgement August 22, 1984. The Evidence Act, 1872 (Act I of 1872) Circumstantial Evidence The circumstantial evidence ad­duced by P.Ws 5, 6 and 7 is not at all suffi­cient to prove that appellant Waze..

Category: Criminal Law | Date: | Hits: 52

Shafiqur Rahman Vs. Idris Ali, 1983, 12 CLC (AD)

.... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ...... Shafiqur Rahman.............Appellant Vs. Idris Ali……………...Respon­dent Judgment October 31, 1983. The State Acquisition and Tenancy Act, 1951 (Act XXVIII of 1951); Sections 9(1), 9(2), 9(3) Interpretation of Sta...... Ahmed J. ORDER OF THE COURT By the majority decision, the appeal is dis­missed without any order as to costs. Ed. This Case is also Reported in:  37 DLR (AD) 71. ..

Category: Others | Date: | Hits: 86

Jarina Khatun & ors. Vs. Pulin Chandra Das and others, 1984, 13 CLC (AD)

...., the appeal is dismissed without any order as to costs. Ed.             This Case is also Reported in:  37 DLR (AD) 67. ......ul Haider Chow­dhury J Chowdhury ATM Masud J   Syed Md. Mohsen Ali J Jarina Khatun & ors................................Appelants Vs. Pulin Chandra Das and others........................Respondents Judgment July 29, 1984. ......ion ap­pears to follow from the declaration prayed for in the plaint, the contention that there was no question of limitation does not appear to be unacceptable. Where it is found after taking evidence that certain documents are null and void being fraudulent such document may be cancelled a..

Category: Property Law | Date: | Hits: 38

Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)

....echnicality of procedural law. In the result therefore this appeal is dis­missed but there will be no order to costs. Ed. This Case is also Reported in:  37 DLR (AD) 63. ......dgment   July 17, 1984. The Code of Civil Procedure, 1908 (V of 1908) Order XLI rule 33  The Appellate Division of the Supreme Court may pass any order notwithstanding the fact that the appeal is only in respect of the decree in favour of all or any of the pa......in the property which was found by the trial Court. It was pointed out by the High Court Division that the plaintiff himself had preferred the appeal and the appellate Court after consideration of evidence on record found that the plaintiff was entitled to a re­duced share and on calculation..

Category: Property Law | Date: | Hits: 38

Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)

....and also to furnish bonds ensuring peace in the area was found to be innocent. Since no proceeding was drawn up, the Rule was discharged as there was no sub­stance in the Rule. 6. In the facts and circumstances of the case and in view of the discussion made above, we are of the view th......ar Ahmed, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 415 of 2005 (From the judgment and order dated 12.04.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 28...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ..

Category: Criminal Law | Date: | Hits: 45

Akbar Ali and oth­ers Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)

....Mymensingh Kotwali Police Station Case No.30 dated 11.12.2003 under Sections 341/386/313/34 of the Penal Code lodged against the petitioners and others which was granted on 06.07.2004 2. The facts leading to the leave petition are that the respondent No. 1 filed a peti­tion of complain...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Akbar Ali and oth­ers…………………………&hell...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ..

Category: Criminal Law | Date: | Hits: 45

Salam alias Md. Salim Vs. State, 2008, 37 CLC (AD)

.....1998 corresponding to G.R. Case No.39 of 1998 rejecting the criminal reference and dismissing the criminal appeal with modification altering death sentence to imprisonment for life. 2. The facts, in short, are that one Md. Ishaque, the father of the deceased Md. Jafar lodged the First In......;………..Respondent Judgment October 12, 2008. Lawyers Involved: Probir Haider, Advocate (appeared with the leave of the Court) instructed by Bivash Chandra Biswas, Advocate-on-Record-For the petitioner. Not represented-the Respondent. ......he prosecution examined 11 (eleven) witnesses while the defence examined none. 8. On conclusion of the trial, the learned Sessions Judge, Chittagong considering the facts, circumstances and evidence on record found them guilty of the offence 302/34 of the Penal Code and by his judg­me..

Category: Criminal Law | Date: | Hits: 35

Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)

....Case No. 19(11) of 1994 under Section 420/406/210/109 of the Penal Code read with section 5(2) of the Anti-Corruption Act, II of 1947 now pending before the Special Judge, Mymensingh. 2. The facts of the case, in short, are that the Inspector, District Anti-Corruption Bureau of Mymensingh ......lip;…………………………Accused-Petitioner (on bail) Vs. The State, repre­sented by the Deputy Commissioner, Mymensingh and Others …………Respondents Judgment April 17, 2008. ...... above, the submission of the learned Advocate-on-Record deserves no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 349. ..

Category: Criminal Law | Date: | Hits: 64

State Vs. Saheb Ali, 2008, 37 CLC (AD)

....aw is that extra-judicial con­fession to be relied upon requires independent corroboration. But in the instant case such independent corroboration is totally absent. 9. Therefore, in the facts and circum­stances of the case and in view of the dis­cussion made above, we are of ...... by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 527 of 2006 (From the judgment and order dated 04.05.2006 passed by the High Court Division in Death Reference No. 128 of 2003 wi......hem, a member of the local Union Parishad. The inform­ant then lodged the F.I.R. 3. Police on completion of investigation submitted charge sheet. The trial Court on consideration of the evidence and other materials on record convicted and sentenced the respondent to death. 4. T..

Category: Criminal Law | Date: | Hits: 45

State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)

....d immoral love affairs. Hence the impugned judgment deserves interference for the ends of justice. 7. We are not impressed by the submis­sions made by the Deputy Attorney General. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct a......ate………………………………………………….Petitioner Vs. Md. Jalal Miah and another………………………Respondents ......sed respondents under Section 302/34 of the Penal Code and the prosecu­tion examined 15 witnesses in the case in the trial including the mother of accused Nazma Begum and after considering the evidence on record the learned Sessions Judge, Brahmanbaria  found  both  the accus..

Category: Criminal Law | Date: | Hits: 51

Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)

....here 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) 338. ...... Supreme Court Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Abu Sayeed Sheikh alias Abu Sayeed and another………………………….Petition...... the bhela blow  inflected by the petitioner No.2 caused incised wound in the medical aspect of and middle part of left thigh of the victim and the defence failed to create any crack in their evidence and the evi­dence of the doctor P.W. 1 showed that the victim died in receiving those ..

Category: Criminal Law | Date: | Hits: 38

Bashir Mia and another Vs. State, 2009, 38 CLC (AD)

....ed against the judgment and order dated 13.08.2007 and 14.08.2007 in Death Reference No. 161 of 2003 heard with Criminal Appeal No. 1074 of 2004 and Jail Appeal No. 860 of 2003. 2. The short facts giving rise to civil peti­tions are as under: - This criminal appeal, at the inst......volved: A.B.M. Bayezed, Advocate-For the Petitioners. J.B.M. Hasan, Deputy Attorney General-For the Respondent. Jail Petition Nos. 20 And 21 of 2007. (From the judgment and order dated 13.08.2007 and 14.08.2007 passed by the High Court Division in Death Reference No.......picion. It has further been asserted that this deceased might have been killed by unknown miscreants when he was engaged in smuggling in the India-Bangladesh border area. 9. Considering the evidence on record and the defence version the learned Additional Sessions Judge found the accused..

Category: Criminal Law | Date: | Hits: 41

Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)

....ging the Rule directing the respondent No.1 imple­ment the impugned order and remove all the unauthorised construction from the said premises within receipt of the judg­ment. 2. The facts, in short, are that the petition­er filed Writ Petition No. 3978 of 2003 stating that the......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J The Chittagong City Corporation, City Corporation Bhaban, Anderkilla, Police Station-Kotwali, District-Chittagong and other……….....Petitioners Vs. The Executive Engineer, Public W......the High Court Division found that the subject matter of the writ petition is a disputed question of facts and the violation of contract which can be adjudicated in the civil court on the basis of evidence and cannot be decided in a summary proceeding of writ jurisdiction. 12. The High Co..

Category: Civil Law | Date: | Hits: 113

Masud Miah & others Vs. Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity & others, 2007, 36 CLC (AD)

....ition for leave to appeal is directed against the judgment and order dated 13th October, 2008 passed by the High Court Division in Civil Revision No. 2145 of 2008 discharg­ing the Rule. 2. Short facts as placed before the High Court Division are that the opposite party Nos.1 and 2 as plaintiffs......ed in: VI ADC (2009) 330. ......ircumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 330. ..

Category: Civil Law | Date: | Hits: 118

Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)

..... - The peti­tioner seeks Leave to Appeal against the judgment and order dated 03.07.2005 passed by the High Court Division in Writ Petition No.6544 of 2004 discharging the Rule. 2. The facts as detailed in the writ petition, in short, are that the petitioner joined as an Assistant Te......ip;……………………….Petitioner Vs. River Research Institute, repre­sented by the Director General of the Institute, Faridpur and oth­ers…………………………&hell......present service. In view of the above, we find no sub­stance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ..

Category: Employment/Service Law | Date: | Hits: 92

Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)

....wful authority of Paltan P.S Case No. 36 (11) 07 corresponding to G.R No. 803 of 2007 arising out of ACC G.E No. 139 of 2007 under Section 26/27 of the Anti-Corruption Commission Act, 2004. 2. The facts of the case, in short, are that the respondent No. 1-writ-petitioner chal­lenged the Memo. No...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Anti-Corruption Commission………………………………………………..Petitioner Vs. Md. Abul Kalam Shamsuddin and others…………………………….Respondents Judgment November 12, 2008. Lawyers...... the 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: VI ADC (2009) 323...

Category: Anti-Corruption Laws | Date: | Hits: 119