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Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....acquired by the government. These submissions were never made at any stage in disposing of the title Suit No. 176 of 1984. The petitioner is now making out a third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. ......Senior, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Review Petition No. 23 of 2001. (From the judgment and Order dated 25 July 2002 passed by the Appellate Division in Civil Appeal No. 75 of 1997). ......d in the Government Khas Khatian No.1 in 1960 and the Court of appeal below reversed the finding of the trial court that Government received rents from the original owner as the same is based on no evidence and this has not been reversed by the High Court Division. Accordingly this Division held ..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....t no shop of office named M/s. G. M. Corporation was found on search and as such the summons were returned 5. The Court's office in their office note dated 10.1.1996 stated the above facts and placed the matter for orders before the learned Registrar, who allowed 2 weeks time to pu......Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Administrator, Gammon Bangladesh Ltd...........................Appellant. Vs. Tota Mia and others ...........Respondents. Judgment November 24, 2002. Lawyers Invol......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. ..Category: Procedural Law | Date: | Hits: 94
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....bsp; 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. T........................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both ......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. ..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....g dues against the LIM accounts and the High Court Division has committed 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.......vocate (Kamrul Huda, Advocate with him) Instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the appellant. Not represented- the Respondent. Civil Appeal No. 01 of 1998 (From Judgment and order dated 4.9.1994 passed by the High Court division in First Appeal No. 68 of 1998). Judg......bank and the suit is liable to be dismissed. 4. The plaintiff examined himself as P.W.1 and the defendant-appellant bank examined one of its officers as D.W.1. After considering the pleadings and evidence on record the learned Subordinate Judge and commercial Court No. 2, Dhaka was pleased to di..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
...., Hurbert James Vs. Golam Hossain Akeema. The High Court Division found that the said decision is not applicable in the present case because the same does not tally either in spirit of facts. Further, the learned Advocate for the appellant submitted that the appellant filed a Cr...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Khondoker Mobarak Ali.............................Appellant Vs. Jahanara Begum and others......................Respondents Judgment February 9, 2003. Case ......uments has held that these two documents were not legally considered by the appellate Court as the same were not proved in accordance with law and the same were not admitted as additional evidence in compliance with the provision of order 41, Rule 27 of the Code of Civil procedure..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....ation of the appeal to is its file and number upon vacating its earlier order dated 9.11.1999 granting probate. 6. We have hear 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,......on (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kanai Lal Roy..................Appellant Vs. Roy Swaraswati and ors................Respondents Judgment August 17, 2002. Lawyers Involved......ack to the original court, for hearing the same afresh in accordance with law by giving opportunity to the 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 (20..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
....dant Nos.3 and 4 for the loan in question has been clearly made out in paragraphs 4 and 5 of the plain, but the High Court Division as well as the court below upon a total non consideration of the facts of the case and the law on the subject illegally caused the names of the defendant Nos. ......min J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank……………………Appellant Vs. Md. Sirajul Hoque Chowdhury and others...........Respondent Judgment June 28, 2004. Cases Referred T...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ..Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....ain learned Deputy Attorney General appearing for the opposite party petitioner (civil Petition No. 326 of 1997) submits that the learned Appellate Tribunal upon a misconception of law and facts wrongly held that the Metropolitan Police Commissioner, Dhaka ceased to have jurisdiction ......Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Appellants (In Civil Appeal No. 60 of 1997) Vs. Md. Anwarul Is......ng second show cause notice respondent was compulsorily retired from service on 17.11.1984 under the aforesaid Ordinance. 4. Before the Administrative Tribunal both the parties adduced evidence and the Tribunal on consideration of the same by judgment dated 18.2.1995 dismissed the ca..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....y leave is directed against the judgment and order dated 16.01.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 645 of 1987 making the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific perf......enior Advocate instructed by Ataur Rahman Khan, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No.168 of 2000 (From the judgment and order dated 16.01.2000 passed by the High Court Division in Civil Revision No. 645 of 1987). ......that bainapatra was not genuine, and as such the learned Single Judge of the High Court Division acted illegally in reversing the findings of the appellate court without at all discussing the oral evidence on record inasmuch as when such findings of fact of the appellate court are conclusiv..Category: Property Law | Date: | Hits: 31
Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)
..... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ......in: 1 ADC (2004) 369. ....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ..Category: Criminal Law | Date: | Hits: 61
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....iminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 in Criminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 have been heard together as common question of law and facts are involved and there in the parties are also same and as such this single judgment will Gov......ouf, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 37-38 of 2001. (From the judgment and order dated 14th August, 2000 passed by the High Court Division in Criminal Revision No. 791 of......s to have implicated the appellant but his statement being self exculpatory and having not stated as to how he was involved in the occurrence and it is argued that his statement cannot be used evidence against the appellant as not being corroborated by any other independent evidence. ..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....try of planning issued the second show cause notice on 28.2.1989. The respondent was dismissed from service on 3.12.1989. Hence the A.T. Case No. III of 1994 was initiated. On consideration of the facts and circumstances of the case the learned member, Administrative Tribunal, Dhaka, held that n......ate-on-Record-For the Appellant. Md. Serajul Huq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 48 of 2000 (From the judgment and order dated 20.8.1995 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 142......refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ..Category: Employment/Service Law | Date: | Hits: 62
Sheikh Ahmed Showdagar and others Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
....sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......4) 326. ......and become unspecified portion of land in relation to R.S plots ........onus of proving this allegation of gunjaish lay solely upon the plaintiff's but the plaintiffs did not adduce any documentary evidence to prove the same and on the contrary the recital in the patta, Ext. 1 (ka) and in the re..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....p; KM Hasan J.- This appeal is by special leave by the purchaser pre- emptee in an application under Section 24 of the Non Agricultural Tenancy Act, 1985. 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his...... Md. Ruhul Amin CJ KM Hasan J Abu Sayeed Ahammed J Mossammat Khursheda Jahan alias Mst. Monju Khorsheda........................Appellant Vs. Syada Shafinaz Jahan and others............Respondents Judgment March 24, 2002. Lawyers Involved: ......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....tober, 2002 passed by the High Court Division in Death Reference No.17 of 1999 with Jail Appeal No. 2023 of 1999 accepting the reference and dismissing the jail appeal. 2. The briefly stated facts for disposal of the Jail-petition are that the condemned-prisoner have been convicted under ......llip;….Petition Vs. The State...............................Respondent Judgment December 7, 2003. Jail Petition No. 3 of 2003. (From the judgment and order dated October, 2002 passed by the High Court Division in Death Reference No.17 of 1999 wi......emies. 6. The convict-petitioner was first defended by the state defense lawyer and thereafter a private lawyer in the trial Court. The learned Sessions Judge upon consideration of evidence on record as well as the facts and circumstances of the case found the convict-petitioner ..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he petitioner was examined under section 342 of the Code of Criminal procedure wherein he pleaded innocence. On consideration of the evidence on record, the confessional statement and the facts and circumstances, the learned Additional Sessions Judge convicted and sentenced him as afore......ioner Vs. The State.....................Respondents Judgment October 30, 2003. Cases Referred to- 15 BLD (AD) 54; 29 DLR (SC) 271; 45 DLR 587, 43 DLR 249 and 6 BLC (AD) 1; 17 BLD 352; 1MLR (AD) 248; 16 BLD (AD) 261. 42 DKR (AD) 31; 15 BLD (HCD) 205. ......cording of evidence of the prosecution witnesses the petitioner was examined under section 342 of the Code of Criminal procedure wherein he pleaded innocence. On consideration of the evidence on record, the confessional statement and the facts and circumstances, the learned Additi..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
.... 173 that some more factors are also needed to attract section 111 of Evidence Act which are not available in the present case. 10. Regarding contention of the appellant that in view of the facts and circumstances of the present case and specially the fiduciary relationship between l......late Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Md. Shah Alam.................Appellant Vs. Md. Islam and others..............................Respondents Judgment May 26, 2004. C......lea that the above order sheet and writ of delivery of possession were mealy paper transaction cannot stand. 13. Having given our anxious consideration to the facts and circumstances and the evidence on record we find that the High Court Division considered the matter in its proper prospec..Category: Procedural Law | Date: | Hits: 87
Khurshid Alam and other Vs. Azizur Rahman and others, 2004, 33 CLC (AD)
....le absolute in Criminal Revision No.17 of 1987. Petition for leave to appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No.104 of 1992 was dismissed. 2. Short facts are that the above mentioned criminal revisions were preferred under section 561A of the Code......lam J Khurshid Alam..........Appellant (In Criminal Appeals Nos. 3-5 of 1996) Md. Shahjahan..............Appellant (In Criminal Appeal No. 17 of 1996) Vs. Azizur Rahman and others.....Respondents (In all the appeals) Judgment March 1, 2004. Lawy......d. The judgment and order passed by the High Court Division in Criminal Revision Nos. 88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: 1 ADC (2004) 277. ..Category: Criminal Law | Date: | Hits: 40
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....would be manifestly unjust to allow process of the court to continue and would in fact be an abuse of process and, therefore the proceeding is liable to be quashed. 20. After considering the facts and circumstances and the law on the point we find substance in the submissions ma...... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Nizam Uddin Mahmood............................Appellant Vs. Abdul Hamid Bhuiyan and another.... .............Respondent Judgment June 1, 2004. Cases Referre......ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ..Category: Business or Commercial Law | Date: | Hits: 138
Tafazzal Hossain Shajahan Vs. State, 2003, 32 CLC (AD)
....ing them separately there under to suffer imprisonment for life. The Special Tribunal by the same order directed that the sentences shall run concurrently. 2. It may be mentioned in the facts and circumstances of the prosecution case tried in the special Tribunal, the Tribunal wa......d: Farooq Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ex-parte-the Respondent. Criminal Appeal No. 2 of 2002 (From the Judgment and Order dated February 23, 1997 passed by the High Court Division in Criminal Jail Appeal No. 208......nd while the police untied the packet then found their in arms. Prosecution in all examined 6 witnesses of whom P.W.1 and P.W.3 are the official witnesses. The Tribunal upon placing reliance on the evidence on record convicted and sentenced the appellant and another in the manner as stated herein..Category: Criminal Law | Date: | Hits: 41
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