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Abu Siddique and anr Vs. Government of the People’s Republic of Bangladesh, 2002, 31 CLC (AD)
....957), Section 3 The Code of Criminal Procedure, 1898 (V of 1898), Sections 94 and 160 Under section 3 of the Anti-corruption Act and also section 94 and 160 Cr. P. C. issuing notice by the bureau of Anti-Corruption asking the delinqu...... Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 154. ......that notices impugned in the respective writ petitions were violative of Article 35(4) of the Constitution. The High Court Division upon observing- "It is only an accused in a trial who cannot be compelled to be a witness against himself. Therefore it is our considered view......oudhury CJ Md. Ruhul Amin J K M Hasan J Abu Sayeed Ahammed J Abu Siddique and anr………..…Petitioner &..Category: Criminal Law | Date: | Hits: 58
Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)
....ng aggrieved by the following portion of the order moved this petition: “It has been alleged that during this period of remand the accused was taken to the Cantonment and he was also tortured there. To ascertain whether the accused was subjected to any torture as alleged it i......bmits that when there is no allegation from the side of the accused that earlier report was not based on proper examination a second report directed to be submitted by the High Court Division is uncalled for. The learned Attorney General submits that this will be an unnecessary and futile exerci......where it was noted. Admittedly the diary is being maintained by the Investigating Officer and legally this cannot be looked into by any one except of course, by the Public Prosecutor at the time of trial and at any time by the appropriate Court if it is so desired. This diary is not a public docu......bsp; Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hassan J Bangladesh and others.…………..Petitioners Vs. &nbs..Category: Criminal Law | Date: | Hits: 65
Giasuddin and another Vs. State, 2002, 31 CLC (AD)
...., 2002. The Code of Criminal Procedure, 1898 (V of 1898), Section 374 When everything has been proved beyond all reasonable doubt mere long delay in the disposal of the case cannot by itself be a ground to commute t......on. There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......fficers visited the place of occurrence and some of them seized alamats and after completion of investigation charge-sheet was submitted and thereafter these two condemned prisoners were placed on trial before the learned Additional Sessions Judge, Noakhali who examined in all 17 witnesses and o......bsp; Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J KM Hasan J Giasuddin and another…… Petitioners Vs. State&..Category: Criminal Law | Date: | Hits: 47
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
.... Establishing or making out of a prima facie case in law cannot be considered to have established the case finally or conclusively or said to have proved the case for having the relief sought by the first party in the proceeding conclusively or in other words free from alloy…......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ...... 1976 illegal and void. 7. Pre-emptors claim of pre-emption solely depends on the establishment of the fact that Kulsuma Bibi and Rahima Bibi are the sisters of Ilias Miah. The trial Curt in arriving at the finding that Kulsuma Bibi and Rahima Bibi are the sisters of Ilias Mi......nt: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Hiran Chandra Dey and anothers ………………………&hell..Category: Property Law | Date: | Hits: 55
Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
....for our interference. 7. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ......e preemptors is not a co-sharer to the case land and is not entitled to any preemption. 4. It appears that on the pleadings of the parties the learned Subordinate Judge started trial and recorded evidence of the witnesses and when he was about to dispose of the case on merit...... Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Kazi Shahjahan (Md) and another…….Petitioners Vs. Md. Khalilur R..Category: Property Law | Date: | Hits: 49
....ide the scope of writ jurisdiction as because in the said jurisdiction in general matters are disposed of in summary manner on the basis of affidavit evidence except in an exceptional case where a person may be called by the court to give his testimony as to matters which is not seriously contentiou......pe of writ jurisdiction as because in the said jurisdiction in general matters are disposed of in summary manner on the basis of affidavit evidence except in an exceptional case where a person may be called by the court to give his testimony as to matters which is not seriously contentious or disput...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......AD) (2002) 111.
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Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....dgment and order dated 9th December, 1992 passed by a Division Bench of the High Court Division in Civil Revision No. 2783 of 199 l(Dhaka)/Civil Revision No. 86 of 1987 (Barisal) making the Rule absolute upon setting aside the judgment and decree dated 18th May, 1986 of the Court of District Jud......about the fact stated in the document has become impossible as well as because of the death of the parties to the document. It has already been stated that the evidence of the persons who have been called by the appellant as the persons contemporaneous with the period of the exhibit B are not of......smissed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 106. ...... Ruhul Amin J KM Hasan J Jitendra Nath Mistry...................Appellant Vs. Abdul Malek Howlader and ors........... Respondents Judgment &nbs..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
.... The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form one transaction depends upon whether they are so related to one another in point of p......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......e entering the house in which they were living and by the others entering the house of the other victims. So there was no necessity of framing separate charges for the two murders and for separate trial when section 239 of the Code is attracted to the case. …………&hellip......p; April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form..Category: Criminal Law | Date: | Hits: 76
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....ough the tenancy commenced from 15th August 1971 by mutual agreement between the parties the monthly rent was paid according to English calendar month upto month of September 1973. The premises was also required for bonafide use of plaintiff who have served notice under section 106 of the Transfer o......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit.  Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......he suit premises and he was not a defaulter as he has been depositing monthly rent in HR Case No. 30 of 1974 and the plaintiff has no bonafide requirement of the premises in question.  2. The trial Court decreed the suit and on appeal the same was affirmed. Thereafter the respondent moved th......  Civil Appeal No. 98 of 1998.  Judgment  Md. Fazlul Karim J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a rental..Category: Tenancy Law | Date: | Hits: 76
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
.... The Evidence Act, 1872 (I of 1872), Section 5 It is well settled that when a wife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstance the wife met with her death...... There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 78. ......he petitioner in his absence but subsequently he was arrested and a fresh charge was framed which was read over to the petitioner to which he pleaded not guilty and claimed to be tried. Before the trial Court only three witnesses have been examined and they are the informant and Investigation Of...... The Evidence Act, 1872 (I of 1872), Section 5 It is well settled that when a wife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstance the wife met wit..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....e Heba-bil Ewaj dated 21-6-62 and, as such, the order of remand with direction for amendment of the plaint and allowing opportunity to adduce further evidence is wholly illegal. 2. The appellants sought for leave as aforesaid against the impugned judgment and order dated 19-5-1999 passed by the ......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......acted illegally in not deciding the appeal on merit and allowing the same merely on an application filed by the plaintiff-respondents for amendment of the plaint and in remanding the case back to the trial Court to fill in the lacuna in the pleadings and to lead fresh evidence by the plaintiffs whic......urt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Akitullah and others ................... Appellants Vs. Zafala Begum and others...............Responde..Category: Procedural Law | Date: | Hits: 114
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....€¦â€¦. Respondents Judgment August 16, 2001. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898) Section 342 Incriminating evidence or circumstances sought to be proved by the prosecution must be put to the accused during examination under section 3......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......ons Judge, Habigonj and registered as Sessions Case No. 17 of 1994. Thereafter, it was transferred to the Court of learned Additional Sessions Judge, Habigonj for hearing and disposal. At the time of trial the charge was framed under sections 302/201/34 of the Penal Code against all the accused resp......J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J State…………………………………………..………….Petitioner Vs. Monu Miah and others……………………………. Respondents Judgment August 16, 2001. Result:..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....; BRAC and others ……………….………Appellants Vs. Professor Mozaffar Ahmed and others……Respondents Judgment &n......d these people surely are not less fortunate people in our society. So, the petitioner cannot move the High Court Division under Article 102 of the Constitution to protect the interest of these so-called less fortunate people in the society. The High Court Division observed as follows- ......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......bsp; BRAC and others ……………….………Appellants ..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
....ted illegally in refusing to interfere with the judgment of the appellate Court. 8. It appears that all the courts concurrently found that the summons of the suit which was sought to be set aside was served on the Government Pleader under Order XXVII, rule 4 of the Code ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......nding upon them and that the defendants had not acquired any title to the suit land. 3. The defendants resisted the claims of the plaintiff. 4. The trial Court found that the summons of the 1980 suit was served on the Government Pleader, that he ...... Kazi Ebadul Hoque J Government of Bangladesh………..Petitioner Vs. Ramananda Sarker……….Respondent Judgme..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
....; Circumstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond all reasonable doubt and the chain of circumstances should be so that the innocence of the accused is inco...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......heet under sections 304/201/149 of the Penal Code against the appellant and the servant Emdadul Haque citing 17 witnesses. 4. The appellant along with Emdadul Haque was put on trial before the Assistant Sessions Judge, Cox’s Bazar in Sessions Trial Case No. 4 of 1999. ......mstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond all reasonable doubt and the chain of circumstances should be so that the innocence of the accused is incompatible with ..Category: Criminal Law | Date: | Hits: 55
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....ave was granted at the instance of the State to examine as to whether the High Court Division correctly followed the rules of appreciation of the evidence in the instant case, which was a case of gruesome double murder. 2. We have heard the learned Deputy Attorney-General for the appellant. No on......e sentences passed respectively against them Respondent Nos. 1 and 6 as aforesaid are discharged from their respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17.......vision in Death Reference No.17 of 1990 and Criminal Appeal No. 247 of 1988 and Jail Appeal No. 717 of 1990). Judgment Md. Gholam Rabbani J.- Six respondents along with 26 others were placed on trial for committing murder of one Fakku Mia and his wife Bakul Bibi before the Court of Sessions Ju...... State..........................Appellant Vs. Abdul Barek and Others…..…….Respondents Judgment December 12, 2001. Result: The appeal is all..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....howdhury and others…………Respondent Judgment December 1, 2001. The Evidence Act, 1872 (I of 1872), Section 73 Section 73 of the Evidence Act permits the Court to make a comparison of signature or writings and so adoption of such a method cannot be termed as hazardous or dange......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ...... Khatian. He denied relationship of landlord and monthly tenant between himself and the plaintiff or their vendor. Other non-contesting defendants are the tenants under the defendant No. 1. 4. The trial Court dismissed the suits Plaintiffs then preferred appeal. The First Court of Subordinate Jud...... (Civil) Present: Mahmudul Amin Choudhury CJ Md. Golam Rabbani J Md. Fazlul Karim J Ishaque (Md) ……………………………..apeallant Vs. Ekramul Huque Chowdhury and others…………Respondent Judgment December 1, 2001. The Evidence Act, 1872 (I..Category: Tenancy Law | Date: | Hits: 70
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....in plaintiff-petitioner seeks leave to appeal against the judgment and order dated 27.01.2004 passed by a Single Bench of the High Court Division in Civil Revision No.6467 of 2002 making the rule absolute setting aside the judgment and decree dated 16.10.2002 passed by the learned Joint District......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......ot due to inadvertence or mistake and that in order to cherish his self ends he committed the offence and as such there is no question of declaring the order of removal as illegal. 3. The trial court by the impugned judgment and decree dated 07.02.2002 decreed the suit. The respondent p......ent: M. M. Ruhul Amin J Amirul Kabir Chowdhury J S. M. Iqbal Hossain................. Petitioner Vs. Managing Director, International Finance Investment and Commerce (IFIC) Bank Ltd. Head Office, Bangladesh Shilpa Bank Bhaban, 17-18 Floors, 8, RAJUK Av..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to claim the relief sought for by him in the suit filed in 1997 on the basis of his deed of sale dated 22-09-1994&helli....... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......l Court on consideration of the evidence that would be adduced by the parties as regard that vital contention. 18. As stated hereinbefore the High Court Division set aside the order of the trial Court rejecting the application filed under Order 7, Rule 11 of the Code of Civil Procedure ...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Marfat Ali Miah being dead his legal heir: Firoj Ahammad Bhulu.....Appellant Vs. Sree Jagadish Chandra Sheel and others....................................... Respondents Judgment ..Category: Civil Law | Date: | Hits: 77
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....ten statement. The case of the defendant-petitioner No.2 was that the defendant-petitioner No.2 never opened any account with the plaintiff-Bank and did not submit any photo to the said Bank and also did not put his signature on any papers and documents. The further case of said defendant was th......the law. 7. In such view of the matter, petitioner's filing writ petition is not maintainable and the High Court Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is di......he trade licence of the petitioner. Defendant-respondent No.3 submitted a written statement and also filed additional written statement denying all the statements made in the plaint. 4. The trial court decreed the suit and against which the petitioner could not prefer any appeal before th......vision (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karirn J Syed J. R. Mudassir Husain J Abu Sayeed Ahamed J M/S. Noor Crokaries and another................................ Petitioners Vs. Islami Bank Bangladesh Lt..Category: Banking Law | Date: | Hits: 120
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