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Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....ing writing the final order of punishment and the sweeping observation of the Tribunal below to the effect has no illegalities have been committed in the proceeding is not warranted by the facts. In view of what has been stated above we are inclined to held that the learned Tribunal has...... (2004) 562. ......act into consideration rightly held that the judgment of the Administrative Tribunal is not sustainable in law; the Administrative Tribunal failed to consider that the enquiry was based not on evidence on record but on surmise and conjecture, the respondent was dismissed on the charge that h..Category: Administrative Law | Date: | Hits: 94
Secretary, Ministry of Defence and others Vs. Abdul Mannan Lasker and another, 2004, 33 CLC (AD)
.... No.1 was not entitled to claim two years ante-dated seniority on the ground that he participated in the liberation war and accordingly the seniority, which was granted on misrepresentation of facts and on misgivings, was rightly cancelled. 9. As it appears, the Administrative Appell......55. ......dministrative Appellate Tribunal acted illegally and wrongly in setting aside the judgment of the Administrative Tribunal when as a matter of fact the case of respondent No.1 was based on no evidence in as much as respondent No.1 failed to show that he was associated with the liberation..Category: Administrative Law | Date: | Hits: 103
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
....gs of salt was found in the house of the appellant but the prosecution did not produce any order to show that at the time of seizure he was not entitled to keep 600 kgs of salt. 14. The facts of the decision reported in 27 DLR 309 cited by the learned Additional Attorney General are ...... Appellant. Abdur Razzak Khan, Additional Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 29 of 2002. (From the judgment and order dated 1st March, 2001 passed by the High Court Division in Miscellaneous Case No. 1627 of...... 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
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....wed legally and as such it is necessary to review the judgment there being serious error in it. 5. We have perused the judgment and order of this Court. It appears that this court considered the facts and materials on record and the contention made on behalf of the petitioner that the High Cour......Abdul Malek, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Review Petition No. 18 of 2002. (From the Judgment and order dated 27.04.2002 passed this Court in Criminal Petition for leave to Appeal No. 107 of 200...... of 2001 filed by the petitioner. 2. The petitioner was prosecuted under Sections 19A and 19 (f) of the Arms Act read with Section 26 of the Special Powers Act and Special Tribunal after recording evidence convicted him under Section 19A of the Arms Act and sentenced him to suffer Rigorous Impr..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
..... 415 of 1987 convicting the petitioners and two others under sections 465/109 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 1 (one) year. 2. Short facts are that on 28.09.1987 the Complainant-opposite party-respondent No. 2 brought C.R. Case No. ......542. ......used persons to which they pleaded not guilty and claimed to be tried. The prosecution examined as many as 5 witnesses and the defence examined none. The learned Magistrate on consideration of the evidence on record convicted the accused Abdul Latif @ Hanif executant of the questioned document a..Category: Criminal Law | Date: | Hits: 47
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
.... order dated 09.01.1997passed by a Division Bench of the High Court Division in Civil Miscellaneous Case No. 18 of 1996 disposing of the Rule with some directions and observations. 2. Short facts are that respondent Nos. 1 and 2 who were employees of the Supreme Court of Bangladesh (High ......ohammad, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No. 89 of 1997. (From the Judgment and Order dated 09.01.1997 passed by the High Court division in Civil Miscellaneous Cases No. 18 of......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. ..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....account' secured or unsecured, whether ascertained or ascertainable arising out of such obligation expressed or implied. 6. Lengthy submissions was made by both sides on disputed question of facts like whether on the death of Haladhar Chandra Dey the proprietor of M/S H. Dey Jewellers and ......llip;... ..........Appellants Vs. Government of Bangladesh..................Respondent Judgment March 11, 2003. Cases Referred to- Mt. Shyam Sundari Devi and others v. Sarti Devi and others, AIR 1962 Patna 220; State Bank of India v. Netai Ch. Porel, AI......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. ..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....intiffs have no right and title in the suit land. The suit is liable to be dismissed. That the learned Assistant Judge after conclusion of the hearing of the suit and on proper consideration of the facts and circumstances of the case and the evidence on record by his judgment and decree dated 3.......is Case is also Reported in: 1 ADC (2004) 513. ......and. The suit is liable to be dismissed. That the learned Assistant Judge after conclusion of the hearing of the suit and on proper consideration of the facts and circumstances of the case and the evidence on record by his judgment and decree dated 3.8.1986 dismissed the suit. That against the s..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
....ified in making the order of remand instead of disposing of the appeal on merit, particularly when the parties before it never made any prayer for remand. 8. This Division in the background of the facts on the record observed that it can altogether be not said that the High Court Division was n...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Taffzzal Islam J Begum Lutfunnessa......................... Petitioner Vs. Md. Shafiullah and others................. Respondents Judgment July 31, 2004. Result: The review petit...... 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)
....y leave is directed against the judgment and order dated 13.08.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of t......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyers......position sheet in the present suit. 14. Regarding the death of recorded tenants, Gopal Chandra and Cham Bala, the Courts below held that the defendant Nos.1 and 2 adduced contradictory evidence regarding their deaths and as such those were not relied upon. The courts below also disc..Category: Property Law | Date: | Hits: 82
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
....oration of the appeal to its file and number upon vacating its' earlier order dated 9.11.1999 granting probate. 6. We have heard the learned Counsels of both parties and upon considering the facts and circumstances of the case and the impugned judgment and order of the High Court Division...... Present: Md. Ruhul Amin J Syed JR Mudassir Hussain J Abu Sayeed Ahammed J Kanai Lal Roy..........................Appellant Vs. Swaraswati Roy and ors..................Respondents Order August 17, 2002. Lawyers Involved: ......ack to the original court, for hearing the same afresh in accordance with law by giving opportunity 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)..Category: Property Law | Date: | Hits: 74
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....l by leave is directed against the Judgment and Order dated 13.12.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 4348 of 1999 discharging the Rule. 2. Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, D......nior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2. No represented-Respondent No. 3. Civil Appeal No.190 of 2002. (From the judgment and order dated 13.12.2000 passed by the High Court Division in Civil Revision No. 4348 of 1999) ......ds of Agreement dated 01.08.1961 and 28.04.1971". The High Court Division further observed that the judgment of the S.C.C. Court Judge cannot be said that the same is not "rooted in evidence and materials on record and went against weight of evidence on record." 6. Lea..Category: Property Law | Date: | Hits: 23
M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)
....ffered to the Respondent No.1 and another contractor who were found technically responsive in case they are agreeable to execute the work at the said rate. 10. In the background of the facts stated hereinbefore we are of the view that High Court Division in making the Direction to th...... Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J M/s Micro Electronic Limited...........Petitioner Vs. M/s Rahimafroz Batteries Limited and other...........Respondent Judgment October 28, 2002. Lawyers Involved: ...... is under obligation for issuing letter of intent for the other phases of the contract in favour of the present petitioner on completion of the first phase of work allotted to him and this fact is evidenced by the resolution adopted by the Respondent No. 2 to the effect that the other 2 phases o..Category: Procedural Law | Date: | Hits: 83
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....nst the judgment and order dated 22.6.1999 passed by the High Court Division in writ petition No. 3968 of 1998 rejecting an application for addition of party filed by the appellant. 2. The facts leading to the leave petition are that the appellant filed an application for adding him as r...... Dr. Rafiqur Rahman, Senior Advocate (M. A. Baki with him) instructed by Serajur Rahman, Advocate-on-Record-For Respondent No.2. Civil Appeal No. 96 of 1999 (From the judgment and order dated 22.6.1999 passed by the High Court Division in Writ Petition No. 3968 of 1998) ......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. ..Category: Procedural Law | Date: | Hits: 78
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....t 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 reasons upon sufficiently discussing the ......d 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. ..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....ractice" or an "illegal practice" within the meaning of Chapter VI. Article 51. (1) Every election petition shall contain- a precise statement of the material facts on which the petitioner relies: full particulars of any corrupt or illegal practi...... Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahamed J Giasuddin Quader Chowdhury..........................Appellant Vs. ABM Fazle Karim Chowdhury and others .........Respondents Judgment August 21, 2002. Cases Referred To-......in accordance with the procedure for the trial co suits under the Code of Civil Procedure, 1908: Provided that the [High Court Division] may made a memorandum of the substance of the evidence of each witness as his examination proceeds unless it considers that there is special r..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....e Title Appeal No. 284 of 1990 and reversing those of dated 20.10.1990 passed by the learned Assistant Judge, Sadar Comilla in Title Suit No. 448 of 1987 decreeing the same. 2. The relevant facts, in brief, are that Debendra Chandra Sharma father of the present respondents instituted the ......s also Reported in: 1 ADC (2004) 462. ......ces his argument that the impugned judgment of the High Court Division is not a proper judgment of reversal inasmuch as the lower appellate court being the final Court of fact, on consideration of evidence on record particularly considering the evidence of the scribe and the attesting witness&sh..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....in J. - This appeal by leave is directed against the judgment and order dated 26.02.1997 passed by the High Court Division in Criminal Appeal No. 706 of 1996 dismissing the appeal. 2. Short facts are that informant was married to one M. A. Malik on 11.10.1991. On 28.02.1993, the info......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anowara Begum ………………...Appellant Vs. The State and another .............Respondents Judgment March 7, 2004. Lawyers Involved......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)
....has arisen out of judgment and order dated 04-02-2001 passed by this division in Criminal Petition for Leave to Appeal No. 101 of 2000 dismissing the same being not maintainable. 2. The facts, leading to this petition, are that the convicted petitioners filed criminal petition for lea...... Division (Criminal) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Abdul Hoq Sikder and 2 others.......Convict Petitioners Vs. The State, Represented by the Deputy Comm......Penal Code read with Section 5(2) of Act II of 1947. 5. The case was tried by the Divisional Special Judge, Khulna Division, who after conclusion of the trial and upon consideration of evidence both oral and documentary on record found the petitioners guilty of the charge levele..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
.... by the Muktipatra since he purchased the land sought to be pre-empted in the benami of the executant of the Muktipatra and that on a request by him, he executed the deed of release. 16. The facts of the aforesaid case was that trial court rejected the prayer of pre-emption. The court of a...... Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Mosharraf Hossain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- ...... 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 High Court Division erred in restoring the trial court order f..Category: Property Law | Date: | Hits: 44
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