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Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ...... Appellate Division (Civil) Present: Md. Rahul Amin J Md.Tafazzul Islam J Probir Kumar Basak Chowdhury………………........Petitioner Vs. Thana Nirbahi Officer, Manikganj and others……………….......Respondents Judgment August 3, 2006. Cases Referred To- ...... regarding the question of existence of a Deity the entire case of the plaintiffs rests on oral dedication and although plaintiffs examined witnesses to prove the existence of a private Deity but the evidence on record shows that the private Deity was in the Chila Kotha of the homestead and there is..Category: Tenancy Law | Date: | Hits: 147
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......zul Islam J Md. Jahir Uddin………………………………………Petitioner Vs. Rupali Bank Ltd. and others……………….Respondents Judgment August......suit not maintainable as framed. The suit ought to have been dismissed on this issue." 9. Accordingly we are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at the correct decision. The learned counsel could no..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....y leave is directed against the judgment and order dated 29.06.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 2368 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 in the 2nd Court of Assistant ......enior Advocate instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented-Respondent Nos. 3-12. Civil Appeal No. 26 of 2001. (From the judgment and order dated 29.06.1997 passed by the High Court Division in Civil Revision No. 2368 of 1991). ......o consider the submission that the High Court Division exceeded its revisional jurisdiction in setting aside the concurrent findings of facts arrived at by the courts below without considering the evidence on record and without the required finding as to how the courts below misread or misconstr..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....y any scope for saying that charge sheet would lead to abuse of the process of the Court, because the court competent to try the case has ample power to refuse taking cognizance of the offence on the facts disclosed in the police report and pass an appropriate order." In the case of Syed Mohammad Ha...... of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceeding before any court or tribunal and, consequently, it cannot be quashed. So, the instant criminal miscellaneous cases are quite prem......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......n (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh…………......Appellant Vs. Md. Yakub Mia and another……………………………………………………Respondents Judgment ......h made the Court of Settlement to hold that the alleged bainanama is a forged and anti-dated and the respondent No.1, thus obtained the exparte decree on the basis of the same and further there is no evidence that Md. Shafin was present in Bangladesh after the 25th March, 1971 and moreover till the ..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ...... ......p;……………………………………………..”. 9. The trial Court on consideration of the evidence, both oral and documentary, has held that there is no reason to disbelieve the ÒPPv..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....obtained and in considering the question of retrial the Court refused to pass such an order on the ground that the accused has suffered from incompetent prosecution for no fault of his own. But the facts of the present case are quite distinguishable. In the present case the G.R. Case No. 1 of 198......l Kabir Chowdhury J Mohammad Ullah……………........................Appellant Vs. Sessions Judge, Noakhali having office at Maijdi Court, Noakhali and others ............Respondents Judgment November 22, 2005. Cases Referr......Court of competent jurisdiction and not otherwise. But in the case of State Vs. Golam Mostafa and others reported in 49 DLR (AD) 32 the Sessions Judge acted illegally in deciding the case upon the evidence recorded by the Special Martial Law Court. The Appellate Division observ..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....y actions after complying with the requirement of section 200 of the Code of Criminal Procedure apparently suspending the proceedings of the said Sessions case is tenable in law. 9. Some important facts are now recapitulated by way of reiteration in the interest of the proper appreciation of the ......late Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Muhammad Ismail………...............................Appellant Vs. Md. Rafiqul Islam and others….....................Respondents Judgment March 7, 2007. Result: The appea......amination under section 200 of the Code of Criminal Procedure is to see whether there is sufficient ground for proceeding and not to see whether there is sufficient ground for conviction. Whether the evidence is adequate for supporting the conviction can only be determined at the trial and not at th..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....am J.- Since both the appeals by leave arise out of the judgment and order dated 23.7.2000 passed by the High Court Division in Writ petition Nos.3002 and 3029 of 1999 and in both the appeals similar facts as well as point of law are involved, those were heard analogously and are disposed of by this......ppellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mrs. Saju Hosein..............Appellant (In Civil Appeal No. 129 of 2001) Mrs. Rani Begum and others.........Appellants (In Civil Appeal No. 130 of 2001) Vs. The Government of the Peop...... appear the High Court Division discharged the Rules upon observing that "It is will settled that in a case where basic facts are disputed and the complicated questions of law and fact depending on evidence were involved the writ jurisdiction is not the proper forum for seeking relief. Affidavit e..Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....on of Ansar Ali, the landlord of accused Nannu and frequently used to remain absent from the house in the night. 6. The Tribunal, on consideration of the material evidence on record and the facts and circumstances of the case, found all the accused persons guilty under section 9(3) of the......l Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Md. Kabir Hossain ................Petitioner. (In Jail Petition No. 4 of 2007.) Nannu Miah and another...... Petitioners. (In Jail Petition No.6 of 2007.) Vs. The State.............. pleaded not guilty and claimed to be tried. 5. The prosecution examined as many as fifteen witnesses in support of its case but the defence examined none. After the close of the prosecution evidence the accused persons were examined under section 342 of the Code of Criminal Procedure when..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
.... 2002 and Criminal Appeal No.1645 of 2002 accepting the death reference in part and dismissing the criminal appeal reducing the sentence from death to imprisonment for life. 2. The facts, in short, are that Most. Minuara Khatun (15), sister of informant P.W.1 Md. Motaleb Hossain,...... Lawyers Involved: Helal Uddin Mollah, Advocate-For the Petitioners. Zahirul Hague Zahir, Deputy Attorney General-For the Respondent. Jail Petition for Leave to Appeal Nos. 07 and 08 of 2005 (From the judgment and order passed by the High Court Division in Death Refer......nation by the defence. The defence declined to cross-examine the tendered witnesses. The accused persons were also examined under Section 342 of the Code of Criminal Procedure on conclusion of the evidence of the prosecution and they again pleaded to be innocent and declined to adduce any eviden..Category: Criminal Law | Date: | Hits: 33
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Shamsuddin Chowdhury and others……………........Petitioners Vs. Government o......he Rule has observed that plaintiffs did not seek the relief as to their title in the land in suit and that the plaintiffs did not establish their claim as regard the land in suit by adducing evidence. 6. It is seen that plaintiffs have filed the suit seeking declaration the proceedi..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....le Bench of the High Court Division in Civil Revision No.1548 of 1994 reserving the judgment and giving some directions to the appellate court as detailed in the impugned judgment. 2. Short facts are that the plaintiffs filed Title Suit No.40 of 1984 in the Court of Assistant Judge, Kera...... MLR (AD) 2006, 119. ......High Court Division upon hearing the parties passed judgment but later on recalled the unsigned judgment and thereupon keeping the same reserved directed the appellate court to take additional evidence in respect of certain documents of the years 1923, 1924 and 1934 and also directed the app..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....of the lower appellate Court decreed the suit holding, inter alia, that the lower appellate Court had wrongly affirmed the trials Court's decree of dismissal of the suit overlooking the broad facts that the defendants had failed to prove the title of Rajendra Shil in the suit plot and that...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Syed J. R. Mudassir Husain J Shamsur Nessa and another................Appellants Vs. Md. Shajahan Ali and others.............Res......endants had failed to prove the title of Rajendra Shil in the suit plot and that the Courts below wrongly disbelieved plaintiffs' possession therein. The learned Judge upon reassessment of the oral evidence of witnesses held both title and possession of the plaintiffs in the suit land and further..Category: Property Law | Date: | Hits: 21
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
.... against the judgment and order dated 08.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.4005 of 2002 allowing the revisional application summarily. 2. Short facts are that the plaintiff instituted Other Class Suit No.39 of 1998 in the Court of Senior ......hellip;….........Appellant Vs. Md. Abul Kashem & another ......................Respondents Judgment June 19, 2005. Case Referred to- Danish Ali and others Vs. Sakina Bai and others, 4 BLD (AD) 68. Lawyers Involved: Md. Waliul Is......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ..Category: Property Law | Date: | Hits: 71
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....ision as well as the Courts below have correctly held that the suit was not maintainable. The learned Advocate for the petitioner could not point out that the finding so arrived at by the Court of facts suffers from any error or that the same has been made upon misreading or non-considerati...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Aftab Uddin….....................Petitioner Vs. Kosimuddin and others .........Respondents Judgment August 24, 2006. Lawyers Involved: ...... the land in suit is based on correct appreciation of the evidence on record and that finding so arrived at by the Courts below do not suffer from mis-reading or non-consideration of the evidence. It has been observed by the High Court Division that from the petitioner's side it was no..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....n 3 (three) months on the expiry of the period for filing the appeal prescribed in section 6(2) of the Administrative Tribunal Act. 10. The Administrative Appellate Tribunal noticed certain facts i.e. the date of delivery of judgment (10.4.2004), the date of filing application for ob...... MM Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others........ Petitioners Vs. Md. Shahin Reza ........................................ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ..Category: Administrative Law | Date: | Hits: 102
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
.... J. - This appeal arises out of the judgment and order dated 5th February, 1998 passed by a Division Bench of the High Court Division in Writ Petition No. 2677 of 1995 discharging the rule. 2. The facts, in short, are that following an advertisement by the Government in the newspapers inviting ap......J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J N A Choudhury, Sponsor Director of Agrani Insurance Company Limited (proposed) ............Appellant Vs. The Controller of Insurance and others. .........Respondents Judgment December 7, 2005. Result: The appeal is dis......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ..Category: Business or Commercial Law | Date: | Hits: 81
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ......ported in: V ADC (2008) 585. ......id certified copy of the said kabala and on the other hand defendant No. 6 deposed in favour of the plaintiffs and supported the plaint case and thus the plaintiffs by adducing oral and documentary evidence, succeeded in proving their right, title and interest in the suit land and that they were..Category: Property Law | Date: | Hits: 23
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
.... is evident from the bainanama itself and its back page and separate receipts and the execution of those has also not been denied by the petitioners and the trial Court, considering all these facts minutely, decreed the suit. 5. We are of the view that the High Court Division on prop...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Zakir Khondakar and others.............Petitioners Vs. Bimal Kumar Kunda and others ......Respondents......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..Category: Property Law | Date: | Hits: 26
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