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Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
.... and order dated 15.02.1999 made the Rule absolute after setting aside the judgment and order of the appellate court on the findings that the appellate court did not controvert the findings of facts arrived at by the trial court and there by committed serious error in law which prejudiced t......d. This Case is also Reported in: 1 ADC (2004) 107. ......t correctly held that 3 tax receipts alleged to have been granted by the plaintiff opposite party Respondents intending to prove that the Defendant petitioner was not sick, were not proved in evidence and that the contention of the petitioners that clerk Ibrahim of the engaged advocate of t..Category: Procedural Law | Date: | Hits: 84
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
....that the authority on consideration of the replies made by the writ petitioner to the letters of the authority the authority and that also of the enquiry report as well as other attending facts and circumstances found the charges level against the writ petitioners were establish and the...... Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J Gazi Gaiasuddin......................Appellant Vs. Bangladesh Power Development Board and other...................Respondents Judgment May 21, 2002. Lawyers Involv...... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ..Category: Employment/Service Law | Date: | Hits: 69
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....below passed in Miscellaneous Appeal No.12 of 1989 affirming those dated 28.2.1989 passed by the Court of Subordinate Judge, Narsingdi in Preemption Miscellaneous Case No.28 of 1985. 2. The facts leading to the present appeal briefly are that the respondent No.1 as pre-emptor filed the ab......n: 1 ADC (2004) 100. ......d 21.1.1981 was entitled to the pre-empt case land inasmuch as the issuance of the notice dated 21.1.1981 having the presumption that the official has been done regularly in the absence of any evidence to the contrary carry a presumption of regularity to hold that the notice was issued on 2..Category: Property Law | Date: | Hits: 30
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
.... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ...... ...... for causing grievous hurt is not maintainable in as much as the ingredient mentioned in section 320 of the Penal Code is singularly absent in the present case. He submits that there is no evidence that the injured persons were prevented from pursuing their normal avocations for ov..Category: Criminal Law | Date: | Hits: 78
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....C. which contains only the directions of the nature of habeas corpus and there is no scope to determine the question of custody of any minor as the determination of such a question depends on several facts and circumstances including documentary and other evidence. 4. Pobir Halder the learned A......mudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J Arun Karmakar...........................Appellant Vs. The State represented by the Deputy Commissioner, Satkhira and another ……………....Respondents Judgment February 3, 2002. Result: The appeal......7 of 2000 praying for releasing the victim girl to his custody which was rejected by the learned Sessions Judge by his order dated 1.11.2000 holding that the final decision will be taken after taking evidence. The petitioner thereafter challenging the order of detention of the victim detenue mov..Category: Criminal Law | Date: | Hits: 34
Md. Khoka Mollah Vs. State, 2002, 31 CLC (AD)
....er rigorous imprisonment for one year more in absentia and directed that the sentence will take effect from the date of arrest of the convict because the trial was held in absentia. 2. The short facts leading to this leave petition are that one Badsha Miah on 03.05.1994 lodged a F.I.R with Pall...........................Respondent Judgment May 20, 2002. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A When a conviction and sentence is passed against a particular accused by the Special Tribunal upon consideration of th......d. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A When a conviction and sentence is passed against a particular accused by the Special Tribunal upon consideration of the evidence on record and if no appeal could be preferred within the prescribed periodical being 30 day..Category: Criminal Law | Date: | Hits: 47
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
.... the High Court Division was wrong in allowing the prayer for restitution. He also submits that the decisions cited in the judgment of the High Court Division have no application in the facts of the instant case and the High Court Division was not right in passing the impugned judgme...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J K. M. Hasan J Military Estate officer, Dhaka Cantonment, Dhaka and another..........Appellants Vs. Sk. Mohammad Ali and others..........Respondents......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..Category: Property Law | Date: | Hits: 31
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......DC (2004) 30. ......st shows that the entire stock of bricks purchased by the informant was intact and not a single piece of brick was removed from the place of occurrence, that there is absolutely nothing in the evidence on record that on November 2, 1990 the appellants removed any piece of brick from the sta..Category: Criminal Law | Date: | Hits: 34
Md. Laisur Rahman Vs. Most. Nayma Ara Begum and another, 2003, 32 CLC (AD)
....reality of social life if the sentence of the appellant is reduced to the period already under gone the ends of justice would best be met. 5. We are of the view that in the background of the facts of the case as well as upon compassionate view of the matter if the substantive sentence of t...... Division (Criminal) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Md. Laisur Rahman......................Appellant Vs. Most. Nayma Ara Begum and another.................Respondents Judgment November 16, 2003. Lawyers Inv......eal is allowed on modification of substantive sentence to the period already under gone, but the sentence of fine is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 25. ..Category: Criminal Law | Date: | Hits: 35
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
.... order dated 22.6.1999 of the High Court Division in Criminal Miscellaneous Case No. 3325 of 1997 filed under section 561A of the Code of Criminal Procedure making the rule absolute. 2. The facts in short are that the appellant as the complainant filed a complaint case against the respond......udassir Husain J Abdul Aziz………………………………………Appellant Vs. Khaja Abdul Gani and others..........Respondents Judgment August 13, 2003. Cases Referred To- ...... “Nawab Ali, the learned Advocate-on-Record, appearing on behalf of the appellant submits that while the High Court Division decided the case on merit though actually there was no evidence adduced as yet. The learned Advocate-on-Record submits that the quashment was ordered mer..Category: Criminal Law | Date: | Hits: 45
Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)
....bsp; KM Hasan CJ. - this appeal by leave against the judgment and order dated 8.5.2000 passed by the High Court Division in writ petition No. 4559 of 1999 discharging the rule. 2. The facts, in short, are that the appellant a citizen of Bangladesh is a leading businessman of My......resent: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J Golam Ambia..............................Appellant Vs. The Deputy Commissioner, Mymensingh and others......................Respondents Judgment August 26, 2003. Lawyers......tridges which were seized by the impugned list to the petitioner immediately. Ed. This Case is also Reported in: 1 ADC (2004) 13. ..Category: Criminal Law | Date: | Hits: 40
Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)
.... 2003 allowing the appeal setting aside the judgment and decree dated 20.02.2003 passed by the Joint District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the case, in short, are that the plaintiff appellant instituted Title Suit No.99 of 1999 f...... Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Shahabuddin Chisti …........Appellant Vs. Rajdhani Unnayan Katripakhya and another.........Respondents Judgment July 28, 2008. Case Referred To- ......ned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ..Category: Property Law | Date: | Hits: 40
Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)
....sed prima facie offence under section 420/406 of the Penal Code for which we are not inclined to quash the proceeding." 5. The High Court Division further, found that the facts and circumstances of the present case are quite distinguishable from 38 DLR 105 and 19 BLD 46...... Md. Hassan Ameen J Md. Abdul Matin J Abdur Noor Chowdhury……………………………Petitioner Vs. The State and another…………………..........Respondents Judg......rd and the law involved rejected the application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)
....gally discarded the evidences of the prosecution witnesses and as such interference by this Division is necessary. He lastly submits that the High Court Division failed to appreciate the facts and circumstances of the case in it true perspective and as a result, there has been serious ......on-Record-For the Petitioner (In both the cases) Not represented- Respondents (In both the Cases) Criminal Petition for Leave to Appeal Nos. 498-99 of 2006. (From the judgment and order dated 4th April, 2005 passed by the High Court &nbs......ved and dissatisfied thereby, the accused-respondents preferred aforementioned appeals before the High Court Division and the learned Judges of the High Court Division in consideration of the evidence on record as well as hearing the parties through their engaged lawyers found that the..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)
....f Metropolitan Special Tribunal Case No. 3151 of 2003, under Section 25(B) (1) of the Special Powers Act, 1974 pending in the court of the Metropolitan Special Tribunal No. 7, Dhaka. 2. The facts, in short, are that an FIR was lodged by one Md. Giasuddin Miah Police Inspector special Team......quzzaman Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record -For the Respondent. Criminal Petition for Leave to Appeal No. 296 of 2005. (From the judgment and order dated 24.07.2005 passed by the High Court Division in Criminal Miscellaneous Case No. 19...... and (b) of the Special Power Act, 1974, Since the petitioner and others were arrested from a place within Bangladesh which is far away from the boarder of the country and found no prima facie evidence on record that the petitioner tendered the money in question for taking it to any foreign ..Category: Criminal Law | Date: | Hits: 37
Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)
....Amin J. - By this petition the petitioner seeks review of the judgment dated 05.12.2007 passed in criminal petition for leave to appeal No. 428 of 2006 dismissing the petition. 2. Short facts are that the complainant petitioner Daud Ali Sarder filed C.R. Case No. 70/88 Kali, T.R....... Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Review Petition No. 10 of 2008. (From the judgment and order dated 05.12.2007 passed by the Appellate Division in Criminal Petition for Leave to Appe......nant and there was bitter enmity between the victim and the complainant and as such it is required that there should be some corroboration by disinterested witnesses. There is no corroborative evidence in the present case to generate confidence upon which the conviction can reasonably be ba..Category: Criminal Law | Date: | Hits: 38
Misir Ali and another Vs. State, 2007, 36 CLC (AD)
....94 upholding the judgment and order of conviction and sentence dated 25.06.1994 passed by learned Sessions Judge and Special Tribunal. Hobiganj in Special Tribunal Case No.22of 1994. 2. The facts, in short, are that P.W.1 Niaz Mohammad, officer-in-Charge of Madhabpur Police Station lodged......sp; Md. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Misir Ali and another………….............Petitioners Vs. The State&hell......xamined as many as 8 RWs. to prove the offence alleged to have been committed by the convict appellants. The learned Judge of the Special Tribunal No.1 Habiganj after due consideration of the evidence of the P.Ws. and the facts and circumstances of the case convicted and sentenced the convi..Category: Criminal Law | Date: | Hits: 36
State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)
....ia are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The State .............................Appellant Vs. Nantu Biswas and others…..........Respondents Judgment August 3, 2008. Cases Referred......of conviction and sentence and acquitted the respondents. 3. The learned Deputy Attorney General appearing on behalf of the State submits that the High Court Division without discussing the evidence on record as required under law in a very slip shod manner set aside the order of convicti..Category: Criminal Law | Date: | Hits: 84
Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)
....76;ী and the correct word will be অকৃষিজীবী and further since the allegations made by the writ petitioner relate to disputed question of facts, the same can not be decided in writ jurisdiction as held in the case of Khalilur Rahman...... Md. Hassan Ameen J Md. Habibur Rahman Islam……………………...Petitioner Vs. The Secretary, Ministry of Local Government and Rural Development, Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka & others.......(AD) 80 it has been held that the dispute regarding variation of population cannot be resolved in a writ petition under Article 102 of the Constitution as it requires adjudication on facts on evidence. 5. Accordingly we are of the view that the High Court Division on proper considera..Category: Property Law | Date: | Hits: 21
M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)
....tional Judge, 2nd Court, Chittagong in Miscellaneous Appeal No. 276 of 2002 affirming of those dated 30.09.2002 passed by Waqf Administrator, Dhaka in E.G. Case No. 16832/ Chittagong. 2. The facts of the case, in short, are that the Waqf Administrator, Dhaka by order dated 30.09.2002 appoi...... Abdul Momen Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 550 of 2006. (From the judgment and order dated 30th August, 2006 passed by the High Court Division in Civil Revision No. 51 of 20......ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ..Category: Trust/Waqf Law | Date: | Hits: 210
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