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Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....the disputed signatures with those of the admitted signatures of said Debendra Chandra Sharma under Section 73 of the Evidence Act which resulted in an error in the decision causing failure of justice in restoring the judgment and decree of the trial Court. 8. Mr. Nikilesh Dutta, the...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... J Anu Miah and others ..................Appellants Vs. Gauranga Chandra Sharma and others ..........Respondents Judgment April 17, 2002. Cases Referred to- Fazlul Haque vs. Noor Mia 12 DLR (HC), 19 DLR (HC) at page 188; Barada sundari vs. Makha......executed by Debendra Chandra Sharma himself on receipt of consideration money for the transfer in question. It is argued that the learned judge of the High Court Division committed an error of law in not considering the evidence of the those witnesses and wrongly set aside the appellate..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....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. ......e are of the view that the High Court Division was not justified in dismissing the appeal 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. ......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 informant filed an application before the Depu......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)
.... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ......lna 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 leveled against them and accordingly convicted and sentenced the petitioners as aforesaid by his judgment and order dated 31......yeed Ahammed J Abdul Hoq Sikder and 2 others.......Convict Petitioners Vs. The State, Represented by the Deputy Commissioner, Barisal....Respondents Judgment October 20, 2002. Lawyers Involved: Syed Ziaul Karim, Advocate, Instructed by Md. Nawa......nder in time. This submission cannot be accepted on the fact of a specific direction by the High Court Division to surrender. Admittedly, the petitioners did n6t surrender and became fugitive from law. Having regard to this aspect we find no new ground to review the order of this divisio..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ......ain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- Feroza Majid Vs. Jiban Bima Corporation reported in 39 DLR (AD) 78; Abdur Rashid Vs. Mom......d document without at all considering the reasoning given 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 H..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....by the learned District Judge we fined that he did not consider the case in this aspect and consequently he has committed an error of law resulting error in his decision occasioning failure of justice." This Division held that this was an erroneous view of the law by the learned Judge o......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......asan J Mujibul Haque.......................... Petitioner Vs. Lokman Mia..............................Respondents Judgment July 20, 2002. Case Referred to- Bangladesh Vs. Barekunnessa, 4 BLC (AD) (1999) 130. Lawyers Involved: Khon......olding "therefore, the suit land has not yet been vested absolutely in the Government and the plaintiff can hold the suit land till the Government takes possession there of in accordance with law. On perusal of the judgment passed by the learned District Judge we fined that he did not consi..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....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. ......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. ......s also Reported in: 1 ADC (2004) 427. ......n for restoration of Civil Rule No.117 (F) of 1993 was filed almost after about 2 years of discharge. Therefore, we are of the view that the High Court Division has not committed any error of law in discharging the Rule being Civil Rule No. 117(F) of 1993. It appears from perusal of the rec..Category: Procedural Law | Date: | Hits: 94
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ...... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......ate-on-Record-For the Respondents. Civil Review Petition No. 63 of 2003. (From the Judgment and order dated April 5, 2003 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 632 of 2002). Judgment &......pon scrutinizing the materials on record came to the conclusion that the exchange deed Ext. A of the defendants was a bonafide document and as such the High Court Division in second appeal erred in law "in holding that no fraud practiced by the plaintiff respondent". 6. This..Category: Property Law | Date: | Hits: 29
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....procedure of Service Rules, 1982 were followed and the enquiry officers, after giving all opportunities as provided in Service rules, 1982 and also complying the provisions of natural justice, found that the charge against the petitioners have been proved and thereafter the co......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. ......of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both the appeals) Judgment October 26, 2002. Case Referred To- Md. Torab Ali Vs. Bangladesh Textiles Mills Corpora...... 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. The short ..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......intiff and against the defendant". 10. After referring the prayer in paragraph 'B' of the plant Mr. R. Huq submits that the plaintiff has made out a case of detention and conversion of the goods, accordingly Article 48 would govern the instant suit; Article 120 of the Limitation Act has no manne...... the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for delivery of imported goods or price of the goods amounting to Tk. 4, 81,516.00. mesne profit of Tk. 1,00,000.00 and damages of Tk. 1,80,000.00 totaling Tk. 7,6......d 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. 3,60,538.00 as price for the goods not delivered by the bank, though th..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......a landlord enters under this section, he shall file a notice in the prescribed form in the collectors office, stating that he has treated the holding as abandoned and is about to enter on it accordingly; and the Collector shall a cause notice to be published in the prescribed manner.......doker Mobarak Ali.............................Appellant Vs. Jahanara Begum and others......................Respondents Judgment February 9, 2003. Case Referred to- Saifuddin Kazi alias Safiruddin vs Moslem Ali Howlader 12 DLR 266; Hurbert James vs Gola......h Court Division with regard to the aforesaid two documents 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 provisio..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....o 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 (2004) 399. ......r dated 04.11.1999. But in the compromise petition before the High Court Division on 18.11.1999 it was stated that the parties being relatives, on the advice of their common relatives and according to the instruction of their common well wishers the parties have compromised the ma......robate upon the disputed will and thereby setting aside the judgment and order dated 20.05.1996 passed by the Additional District Judge, 1st Court, Barisal in Probate Case No. 02 of 1992, refusing to grant probate of the last will of Trailakha Nath Roy made in favour of the respondent No. 1, Swa......consider the grievance of the petitioner whether the High Court division has jurisdiction to grant the Probate merely on the consent of the parties without the will being proved in accordance with law. 5. It is noticed that the appellant filed in application before the High Court Division..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 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. ...... 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. ......oan of Tk. 5,00,000/- by way of Cash credit (hypothecation) and Tk. 30,00,000/- by way of Cash Credit (pledge) and the loanees executed charge documents in favour of the Bank, that proprietors (defendant Nos. 3 and 4) of M/S Chowdhury Trading, a dealer of the defendant No. 7 (Zia Fertil......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. 3 and 4 to be struck out f..Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
.... of law and facts wrongly held that the Metropolitan Police Commissioner, Dhaka ceased to have jurisdiction for taking disciplinary action against the petitioner (respondent) causing failure of justice. He also submits that the order of compulsory retirement passed against the petitioner is ......the authority in the present case before us. 11. In view of this we hold that illegality and wrong has been committed in making the aforesaid observation, which require interference and accordingly were are inclined to allow the appeal and delete the aforesaid observation. 12. ......2002. Cases Referred To- Quazi Nazrul Islam Vs. Bangladesh House Building finance Corporation and others 45 DLR (AD) 106. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General (Feroz Shaha, Assistant Attorney General with him), instructed by Mvi. Md. Wahidulla...... B. Hossain 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 juris..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....ing the evidence of the material document Ext. 1 and non consideration of this vital evidence by the final court of fact has resulted in a gross error of law which has occasioned a failure of justice. 11. It is undisputed that the respondent Nos. 1 and 2 are bonafide purchasers for va......s over written without any authentication. 13. In the circumstances, in our view the High Court Division correctly entertained doubt regarding the genuineness of the bainapatra and accordingly held the same to be not genuine and further held that on the on the basis of such baina......g for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen (now deceased), the predecessor of respondent No. 3 who was the owner of the suit land entered into a contract with the plaintiff for sale of the suit land at a total consideration of Tk. 21,000/-......ing of the trial Court without himself perusing the evidence of the material document Ext. 1 and non consideration of this vital evidence by the final court of fact has resulted in a gross error of law which has occasioned a failure of justice. 11. It is undisputed that the respondent..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 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. ...... represented- the Respondent. Criminal Review petition No.14 of 2002. (From the judgment and Order dated April 16, 2002 passed by the Appellate Division in Criminal Petition for Leave to Appeal No.183 of 2001). Judgment &n......er belt areas of Bangladesh territory and as such they can not be prosecuted under Section 25B (1) of the Special Powers Act and rejected the said contention upon observing that requirement of law is that on arrival inside Bangladesh one having in his possession contraband goods or qua..Category: Criminal Law | Date: | Hits: 61
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......d judgments of the High Court division and hold that the charges as framed are groundless and cannot be legally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004......02. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Appellant (In both the appeals). Abdur Rouf, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In bot......1 in Criminal 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 ..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....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. ......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. ......ip;….Appellant Vs. Md. Akhteruzzaman..........................Respondent Judgment November 24, 2002. Lawyers Involved: AJ Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Md.......eferred Administrative Appellate Tribunal Appeal No. 142 of 1994. The Administrative Appellate Tribunal after considering the facts, Circumstances and the materials on record and the provisions of law allowed the appeal setting aside the judgment and order dated 16.11.1994 of the Administrative ..Category: Employment/Service Law | Date: | Hits: 62
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....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. ......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. ......ain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons executed a power of attorney in favour of syed Amzad Hossain who is also a son of Syed Siddique Hossain. The pre-emptor ......or specific performance of contract and the decree passed against them have been rejected by both the trial court as well as the appellate court below and the learned single Judge is in an error of law in not taking into consideration this material point decided by the Courts below while reversi..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ...... from his father by selling land for going abroad again and for non compliance he created pressure on his father and had been threatening to kill his father. Once, he assaulted his father and accordingly his father made a G.D. entry with the local police Station on 5-2-1998 alleging that ac......tion 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 with Appeal 2023 of......s body and his father died instantaneously. Deceased's daughter-in-Law, Nazmun Nahar Nahid (Pw.2), while came to resist, the accused tried to run away and took shelter at the house of her uncle-in-law, Shahid. Informant also alleged that accused at that time caused bleeding injury on the person ..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....en the petitioner and the victim and in his confessional statement the petitioner categorically stated that there was hot exchange of words between him and the victim in the fateful night, ends of justice will sufficiently be met if the sentence of death is commuted to one of life imprisonment. ......, the police noticed black mark on the neck of the victim and it was revealed that the petitioner, in collusion with other accused persons, in a preplanned manner murdered the victim and accordingly on 25.4.1998 the informant, lodged F.I.R. with Bagha police Station implicating the pet......ul Islam J Alaluddin………………………...Petitioner Vs. The State.....................Respondents Judgment October 30, 2003. Cases Referred to- 15 BLD (AD) 54; 29 DLR (SC) 271; 45 DLR 587, 43 D......could not be traced was proved by P.Ws 1-4. The fact that after search the dead body of the victim was found in the mango-garden of Chainuddin, about 200 yards away from the house of the father-in-law of victim Balika, was proved by P.Ws 3,4,5 and 6. the fact that initially no mark of viole..Category: Criminal Law | Date: | Hits: 36
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