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Md. Osman Gani Vs. Mst. Kulsum Bibi & ors., 1984, 13 CLC (AD)
.... 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 parties to do complete justice while disposing an appeal. But this power requires to be exercised only in furthering the e...... the property belonged entirely to Uli Fakir and on the basis of the admitted heirs left behind by the said Uli Fakir held that the plaintiff's predecessor Mangia Sk. had a share of 5 annas 4 pies according to Muslim Law of Inheritance and in that view of the matter the plaintiffs are entitled t......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 parties to do complete justice while disposing an appeal. But this power requires to be exercised only in f......not be said that Appellate Court can under no circumstances give him the relief under the provision of Order XLI rule 33. A litigant cannot take undue advantage on the technicality of a procedural law. The appeal is dismissed…………………(14) Cas..Category: Property Law | Date: | Hits: 38
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... 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. ......rt Division under Section 561A of the Code of Criminal Procedure and the High Court Division found that some of the accuseds are still absconding and cognizance of the case was yet to be taken and accordingly discharged the rule. 5. Being aggrieved by the judgment of the High Court Divisi......hellip;…….Petitioners Vs. Mosammat Rabeya Sultana (Koli) and another…………………….Respondents Judgment October 2, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitione......tion of complaint which was treated as First Information Report stating, inter alia, that the occurrence took place on 18.11.1999. Accused No.1 was the husband, accused No.2 was the father-in-law, accused No.3 was mother-in-law, of the informant, accused No. 4 is the eldest brother, accused..Category: Criminal Law | Date: | Hits: 45
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
.... 1 of 2001. 5. Mr. Nurul Islam Bhuiyan, learned Advocate-on-record, appearing for the petitioner submitted that the High Court Division committed a grave error of law, occasioning failure of justice not finding to the effect that the petitioner has purchased the property by saf-kabal...... 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. ......dgment April 17, 2008. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 431 of 2006 (From the judgment and order dated the 6th day of March, 2006 pas......n Report with the Kotwali Police Station alleging, inter alia, that the accused Nirma Lendu Ghose Dhiraz Ghose and with accused Md. Badruddoza, V.P. Super and Md. Asraf Hossain, Advocate V.P. lawyer filed Other Class Suit No. 213 of 1981 for specific performance of contract and obtaine..Category: Criminal Law | Date: | Hits: 64
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....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) 343. ......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) 343. ......ip;…………………………….Respondent Judgment May 14, 2008. Lawyers Involved: Monsur Habib, Additional Attorney General instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. ......s quit." 8. We have considered the materials on record. It appears that extra-judicial confession of the respondent was not corroborated by any independent witness. The position of law is that extra-judicial confession to be relied upon requires independent corroboration. Bu..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....ts committed cold-blooded murder of the victim to remove the obstacle in carrying out their indecent and 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......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ...... and another………………………Respondents Judgment August 12, 2008. Lawyers Involved: Abu Bakar Siddiqui, Deputy Attorney General, instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Not......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ..Category: Criminal Law | Date: | Hits: 51
Bashir Mia and another Vs. State, 2009, 38 CLC (AD)
....16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......se are sufficient to maintain the conviction, apart from the evidence of P.Ws.14, 15 and 16. In the facts and circumstances of the case we find no substance in these jail petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 335. ......lip;….Respondent (In both the Petitions) Judgment February 8, 2009. Lawyers Involved: 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 ......im is distantly related with accused Chan Miah whereas accused Chan Miah and Basir Miah are closely related. On 12.10.2001 accused Chan Miah asked the Sohel (since deceased) to go to his father-in-law's house at Akhaura in the district of Brahmanbaria where he will be paid some amount due to him..Category: Criminal Law | Date: | Hits: 41
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....ds of the above mentioned memo but the petitioner corporation has not yet received any reply in the matter. 7. The petitioner Corporation through their learned Advocate sent notice demanding justice to the respondent on 24.05.200; with a request to withdraw, cancel and rescind the impugned...... 4. In view of the above decision, the Public Works Department of the Government and the Chittagong City Corporation, Chittagong entered into a written agreement on 04.12.1991 and accordingly possession was delivered layout plan was prepared and on the basis of the lay......gment December 1, 2008. Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1272 of 2007. (From the judgment and order dated 13.03.2007 passed by the Hig......matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ..Category: Civil Law | Date: | Hits: 113
....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.
......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.
......d. Joynul Abedin J
Md. Abdul Matin J
Masud Miah and others……………………………………………………………………………….Petitioners
Vs.
Kishoregonj Zila Auto Tempo and Baby Taxi Malik Samity and others…….Respondents
Judgment
November 27, 2007.......rt Committee of Bangladesh Road Transport Authority carrying passengers on the public Highway from Kishoreganj District Head Quarter to different destinations of the District from 10.10.1994 having lawful route permit; that the defendants started running two other transport services namely "Ma..
Category: Civil Law | Date: | Hits: 118
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
.... respondent No.1. The petitioner along with others made several representations to grant pension to them but without any result. Finally, the petitioner served notice upon respondent No.2 demanding justice. Though the notice was duly served no action was taken. The petitioner completed pension a......s were absorbed in the service of the RRI, respondent No.1. It is true that the petitioner was an employee under respondent No.2 and the employees under respondent No.2 are entitled to pension according to rules. But there is no provision providing for pension to the employees of the RRI; t......p;…………………………………….Petitioner Vs. River Research Institute, represented by the Director General of the Institute, Faridpur and others……………&helli......angladesh Water Development Board, he was no more an employee of the Bangladesh Water Development Board at the time of retirement and voluntarily opted for the service under RRI under its existing law. Though the subsequently absorbed post does not have any service rule providing for pension, th..Category: Employment/Service Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... passed the impugned judgment and order declaring the proceeding as well as the conviction as illegal and without jurisdiction. 5. Admittedly, the respondent No. 1-writ-petitioner is fugitive from justice. Moreover, the facts made in affidavit-in-opposition has not been controverted by filing aff...... 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.......r the Petitioner. Rafique-ul Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1532 of 2008. (From the judgment and order dated the 20th day of July, 2008 passed......008 passed by the High Court Division in Writ Petition No. 10313 of 2007 making the Rule absolute with cost in declaring the initiation and continuation of the proceedings and also conviction without lawful authority of Paltan P.S Case No. 36 (11) 07 corresponding to G.R No. 803 of 2007 arising out ..Category: Anti-Corruption Laws | Date: | Hits: 119
Md. Abdus Samad and others Vs. Md. Mukbal Hossain Mondal and others, 2008, 37 CLC (AD)
....are not genuine and are not relating to the suit khatian; that the High Court Division erred in law in giving importance to the judgment of the Revenue Officer which has resulted a failure of justice because the finding and decision of the Revenue Court is not binding upon the Civil Co......ubstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 320. ...... August 25, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-11. Civil Petition for Leave to Appeal No. 1223 of 2007. (From the judgment and order dated the 27th day of May, 2007 pa...... the trial Court in its judgment erroneously found that the rent receipts submitted by the defendants are not genuine and are not relating to the suit khatian; that the High Court Division erred in law in giving importance to the judgment of the Revenue Officer which has resulted a failure ..Category: Property Law | Date: | Hits: 28
A.H.M. Quamruzzaman and others Vs. Rajdhani Unnayan Kartripakkha (RAJUK), 2008, 37 CLC (AD)
....79;েই দোকান বুঝাইয়া দেওয়া হইবে.” 19. So ends of justice will be met if the above undertakings of the respondents are implemented. The petitioners ......ondents are directed to ensure the same by implementing their undertaking. With this observation the leave petition is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 316. ......esented by its Chairman, RAJUK Bhaban, Motijheel, Dhaka and others……………………………..Respondents Judgment October 14, 2008. Lawyers Involved: Mainul Hosein, Senior Advocate instructed by Md. T......rs are the owner of the said piece of land as such RAJUK has served the notice to the owner of the said property namely Muktijoddha Punarbashon Bohumukhi Samabaya Samity Limited in accordance with law. 14. The respondent Nos.1 and 2 are not acting as an instrument of the respondent..Category: Property Law | Date: | Hits: 38
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......rforming all within the formalities and allowed pre-emption in favour of the respondent and decided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ......y Md. Zahangir, Advocate-on-Record-For the petitioners. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1229 of 2006 (From the judgment and order dated the 10.04.2006 passed by the ......d by the pre-emptees, the pre-emptor threatened the pre-emptees giving out that he would file a case for pre-emption which is illegal and the Judge of the High Court Division has committed error of law in discharging the Rule. 7. The case of the petitioner is that there was a shalish and ..Category: Property Law | Date: | Hits: 33
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
....uffers from no infirmity and depends upon the absolute discretion of the Court concerned. The jurisdictional problem sought to be raised in the instant cause could not cause any miscarriage of justice, rather it will enhance the cause of justice. Had it been a case that a Single Bench is in ......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ......ructed by Zainul Abedin, Advocate-on-Record-For the Petitioners. Fazlul Huq, Advocate, instructed by, Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 882 of 2006. (From the judgment and order dated the 28th June, 2006 passed by......ions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 307. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
.... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ......gment and order passed by the 1st Court of settlement. The High Court Division after elaborate discussion found that there was no illegality in the impugned judgment of the Court of settlement and accordingly, the Rule was discharged by the High Court Division. 3. Mr. Abdur Razaque Khan, ......ka......... Appellant. Vs. The Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka and others.........Respondents. Judgment July 8, 2003. Case Referred to- Buxly Paints Limited Vs. Bangladesh 31 DLR (AD) 266; Bangladesh Vs K.M. Zakir Hossain 8 ......ich has been enlisted as an abandoned property in the "Ka" list is a bar for inclusion of such property as an abandoned property and whether the High Court Division misdirected itself in law in deciding the writ petition in not considering the question that the onus to prove that the p..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....d subsequently executed a kabinnama, but due to unhealthy pressure put upon him by his relations he falsely denied the marriage. She strongly submits that the High Court Division in the interest of justice has rightly decreed the suit. 9. It appears from the impugned judgment that although the ......smissing Family Court Case No. 33 of 1989. 2. Respondent, Musammat Farida Begum instituted the aforesaid suit on 12.7.89 stating, inter alia, that she and the defendant used to love each other and accordingly the defendant promised to marry her. But the defendant's parent being not agreeable to......Civil Procedure, 1908 (Act No. V of 1908); section 115 Without reversing the findings of the courts below on the grounds mentioned in section 115 CPC, the High Court Division has no jurisdiction to disturb the final findings of facts. It cannot superimpose itself as a third court for fresh ap......ove the alleged marriage and subsequent events and as to whether the grounds assigned by the High Court Division for interfering with the concurrent decision of the courts below are tenable either in law or on fact. 7. Syed Mohammad Hossain, learned Advocate for the appellant with leave of the co..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......ever, any order as to cost. The impugned Judgment of the High Court Division is set aside and that of the trial court is restored Ed. This Case is also Reported in: II ADC (2005) 342. ......of Civil Procedure, setting aside the order dated 6.4.97 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Misc. Case No. 89 of 1987, directing defendant respondent No. 1 Mrs. Sakin Bai to appear in court personally at the time of hearing of the said case for her examination in C......1 wrongly directed her to appear in person before the court. 4. Leave was granted to consider whether in the facts and circumstances of the case the High Court Division committed an error of law in granting full relief to the defendant respondent without issuing any Rule upon the plaintif..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....vocate and that thereafter the case was filed. The learned judge held that non consideration of those important piece of evidence materially affected the merit of the case and occasioned a failure of justice. 3. Leave was granted to consider whether the learned Judge of the High Court Division se......ived at findings that the Misc. Case was barred by 19 days and that the petitioners of that case could not satisfactorily explain each days delay, specially for the period from 1.1.92 to 8.1.92 and accordingly held that the Misc. Case was barred by limitation. It further appears that the learned......th Sarkar and another.......Plaintiff-Appellant Vs. Md. Jalil Shaikh @ M.A. Jalil & ors.............................Defendant-Respondents Judgment January 13, 1997. Cases Referred to- Abdul Wahhab vs. Ali Ahmed, 44 DLR (AD) 55; Abu Ahmed Abdul Hafiz Vs. MA Haque Sariji 1983 BL......e ground of limitation as well as on merit upon assigning cogent reasons on facts, but the learned Judge of the High Court Division in exercise of his revisional authority has committed an error of law in setting aside the impugned judgment and order without reversing the findings arrived at by ..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....against the respondent and that subsequent addition of the ground of 'misconduct' by a belated amendment on 18-2-86 in the removal order had been done in violation of the principle of natural justice. The learned Single Judge of the High Court Division by the impugned judgment held that sub......-respondent under the Dhaka University Employees (Efficiency and Discipline) Statutes ( The Second Statutes of the University) annexed in the Schedule to the Dhaka University Ordinance, 1961 which according to the learned Counsel has been kept in force by Article 59(2) P.O. No. 11 of 1973, the l......nd for permanent injunction restraining the defendants from evicting him from University Staff Quarter No. 40/C without arranging any alternative accommodation for him. Leave was granted to consider:- (i) whether the High Court Division rightly held that the unauthorize...... taking steps as per Accommodation Rules of the University and therefore removal from service for such unauthorized occupation treating the same as "misconduct" was unwarranted by law; (ii) whether there has been misconstruction of Statute 45(4) of the First statutes ..Category: Employment/Service Law | Date: | Hits: 69
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 326. ......cre of land or any land to the plaintiffs and in 1969 said Barada Kanta Chakravarty had no right, title and interest in the land in suit and as such he had no authority to sell the land in suit and accordingly the suit is liable to be dismissed. 4. The suit was also contested by the defenda...... measuring .3471 acre. The suit was filed seeking declaration of title, recovery of possession and for allotment of separate saham upon partition of the property described in schedule 'ka' attached to the plaint. 2. Plaintiffs filed the suit stating, inter alia, that the land measuring 1.15 acr......re of land. 6. The defendant Nos. 1 and 2 went on appeal. The appellate Court on detailed discussion of the evidence upon arriving at the finding that the trial Court did not commit any error of law and facts in decreeing the suit in preliminary form and declaring title of the plaintiffs to t..Category: Property Law | Date: | Hits: 45
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