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Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....abala dated 12.01.1977 have been owing and possessing the land in exercise of right, title and interest. On Magh 25, 1389 B.S. the defendants disclosed that the R.S. Khatian of 'Kha' schedule property was prepared in the name of their father and they wanted to take possession of the land. Ac......ey Alam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3 Not represented- Respondent No. 4 Civil Appeal No. 72 of 2003 (From the judgment and order dated 23.08.2001 passed by the High Court Division in Civil Revision No. 1998 of 1999.)&nb......n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 63
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
.... 3 filed Other suit No. 280 of 1987 in the Court of Assistant Judge, Chittagong (subsequently renumbered as Other Suit No. 25 of 1992) seeking declaration that the properties described in the schedule attached to the plaint are properties of the Waqf Estate, that ......sp; Abdus Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) ......it No. 48 of 1990 in the 2nd Court of Subordinate Judge (now Joint District Judge), (subsequently renumbered Other Suit No. 252 of 1999 in the 3rd Court of Assistant Judge), seeking declaration as to legality of enrolment of the Waqf Estate and also challenging legality of inclusion of property..Category: Property Law | Date: | Hits: 57
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ...... by Mr. B. Hossain, Advocate-on-Record-For the Petitioner Not represented-the Respondent. Criminal Petition For Leave To Appeal No. 106 of 2001. (From the Judgment and Order dated 23.10.2000 passed by the High Court Division in Criminal Appeal No. 2897 of 1999). ......e prosecution witnesses for some artificial reasons not warranted by law. 6. He further submits that the 'Halafnama' and Angikarnama Exts. 9 and 10 having been admitted in evidence legally, the High Court Division erred in law in discarding the said documentary evidence on th..Category: Criminal Law | Date: | Hits: 92
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....t Division has observed, "It is true the learned Magistrate did not pass necessary orders on the applications filed by the informant and the predecessor followed by him was not proper. But such omission on that part of the learnedMagistrate or the order passed by t......din Chaklader, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed by the High Court in Criminal Miscellaneous Case No. 5869 of 20...... In support of the petition, Mr. Sharif Uddin Chaklader, the learned Advocate-on-record, submits, inter alia, that taking cognizance of the offence under the provision of Jana Nirapatta Ain is illegal inasmuch as the investigating officer during investigation did not find any material to m..Category: Criminal Law | Date: | Hits: 81
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....and then submitted that the High Court Division failed to apply the judicial mined in upholding the order of conviction and sentence passed by the learned Additional Sessions Judge without proper assessment of evidence on record and as such the findings and the decisions as arrived a......ppeal is dismissed. Ed. ......e accused appellants assemble by the side of a village path way in odd hours of the day". 9. In the aforesaid premises, the learned Advocate-on-Record could not point out any illegality or legal infirmity in the impugned judgment of the High Court Division for our interference..Category: Criminal Law | Date: | Hits: 99
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......d ......Advocate-on-Record lastly contended that the High Court Division as well as the trial court failed to discuss and assess the evidence in respect of each individual accused person and also on specific legal aspect of the case and thereby the prosecution failed to prove the charge against the accused-..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ...... August 14, 2004. The Penal Code, 1860 (XLV of 1860), Section 324 In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of s......door of dwelling hut but she was examined by the Investigating Officer after a month of the occurrence. So, no reliance can be placed on her evidence and the evidence of other witnesses are not legal evidence at all. He lastly argued that if the prosecution case is believed then the appellant ..Category: Criminal Law | Date: | Hits: 95
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....udit. (4) A bank guarantee equivalent to the amount of customs duty and sales tax or an undertaking secured for twice the amount of duties and taxes in such form as the Collector of Customs deems proper shall have to be furnished by the importer as security till the goods are exported. (5)......lso Reported in: ...... making the Rule absolute declaring that the impugned Memo No. 2(14) Customs 8/90/307 dated 8.2.1996 vide Annexure -C of the Writ petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permission to the respondent (writ petitioner)..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
.... respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the suit property. During pendency of the suit a further prayer was made by amendment of the plaint for ......y order as to costs. Ed. ......ssed and the trial Court as well as the lower appellate court dismissed the suit accordingly. 5. He further submits that the learned Single Judge of the High Court Division illegally reversed the concurrent findings of fact arrived at by both the courts below. 6. ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....tal issue, decided the title and merit of the suit in its revisional jurisdiction and wrongly reversed the decision of the Courts below and that both the trial Court and the appellate Court upon proper appreciation of the evidence, oral and documentary, concurrently found that plaintiffs a......t Appellate Division (Civil) Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents ......that the Courts below has erred in law in disturbing the concurrent finding of fact arrived at by the Courts below holding that the claim of title on the basis of the award over the suit land have no legal value creating any title and interest over the suit land and that the plaintiff on the ba..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....rs with an officer above the rank of Superintending Engineer as its Chairman. Thereafter, the Arbitrator or the Board Arbitrators was to make an Award after such investigation as he or it might think proper and such Award was final and binding on the parties to the contract. 5. The res......pellate Division (Civil) Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, G......t allow the Additional Chief Engineer to give his decision on the dispute concerning their claim in details item-wise filing or submitting the relevant paper or papers in support of their claim but illegally and without jurisdiction appointed Mr. Justice Sultan Hossain Khan as Arbitrator in the matt..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove 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: 18 BLT (AD) (2010) 486. ......vision (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Muj......dents, has been filed against an ad-interim order dated February 6, 2000 of the High Court Division in Writ petition No. 227 of 2000. The writ petition was filed by the Respondent Nos. 1-11 impugning legality of the action of the Government of Bangladesh, Inspector General of Police and Bangladesh P..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....icial to the state; that the Ministry of Home Affairs granted him a nationality certificate on 31.8.1980 under Article 4 of the Bangladesh Citizenship Order 1972(P.O. 149 of 1972); that the suit property (a residential house at Mirpur, Dhaka) belonged to the appellant, who took the land by......ision (Civil) Present: A.T.M. Afzal C J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents. Judgment 2nd June 1997 Lawyers Involved: ......ppellant and the members of his family, who had to take refuse at 140, Bangshal Road, Dhaka and the suit property remained vacant till March, 1972 and thereafter defendant Nos. 1 and 2 forcibly and illegally entered into the suit property as trespassers, and in order to grab it, they start..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....heirs of Ataul Haque Chowdhury instituted the Rent Case No. 177 of 1961 and purchased 16 annas land of khatian No. 93 in auction in pursuance of the decree of Court and when they proposed to sell the property Munsur Ahmed purchased the land of khatian No. 93 and also khatians Nos. 94,95,96,97 and 99...... is accordingly dismissed without any order as to cost. Ed. ......rsed the judgment and decree of the trial court upon proper consideration and assessment of the material evidence on record and in such view of the matter the high Court Division committed no illegality in affirming the judgment of the lower appellate courts as a final court of fact. ..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......ition is dismissed. Ed. ...... record no Criminal Proceeding lies and therefore we do not hold that this is a fit case for quashing. In such view of the matter, we are of the view that the High Court Division did not commit any illegality in refusing to quash the proceeding in question having prima facie allegation made in ..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......p; Shafique Ahmed, Senior Advocate, (Subrata Chowdhury, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record- For the Respondent. Civil Appeal No. 28 of 1996 (From the judgment and order dated 22.08.1994 passed by the High Court Division in First Appeal No.57 of 1992) J......the plaintiff and invited a fresh tender adding further conditions by a notice dated 01.10.1987 and thus sold out the contracted goods elsewhere. Thereafter the plaintiff filed the suit after serving legal notice. 4. The defendant's case is that the goods were sold on "as is where is..Category: Business or Commercial Law | Date: | Hits: 108
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....possession in respect of the suit land together with two-storied building standing thereon. The plaintiff filed Other Suit No. 131 of 1982 against the Government upon declaration that the suit property is not an abandoned property and declaration of his title to the suit property i.e. land ......8) 197. ......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
.... thereby committed error. 5. Mr. A. J. Mohammad Ali, learned Attorney General appearing on behalf of the State opposes the petition contending, inter alia, that after proper investigation by an Assistant Superintendent of Police, supplementary charge sheet has ......mad Ali, Attorney General, instructed by Zahirul Islam, Advocate-on-Record For the Respondent. Criminal Petition for Leave to Appeal No. 282 of 2004 (From the judgment and order dated 08.08.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 3446......r the petitioner submits that in view of filing naraji petition and, according to him, without considering the naraji petition the order of the learned Magistrate to direct further investigation is illegal which cannot be maintained. 10. It cannot be said that the learned Magistrate did ..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....d permitted by law. The High Court Division has rightly held that the confessional statement of accused Mafizuddin is not true and voluntary. 10. In our view, the High Court Division upon proper and correct assessment of the materials on record arrived at a correct decision and there is ......ent: Md. Ruhul Amin J. Mohammad Fazlul Karim J. M.M. Ruhul Amin J. Md. Tafazzul Islam J. Amirul Kabir Chowdhury J. The State.................................Petitioner. Vs. Mofizuddin and others ......... Respondents. Judgment 29 November 2005 Criminal Petition For Leave To ......gh Court Division on consideration of the materials on record found that it is case of no evidence and the judgment and order of the conviction and sentence of accused Mofizuddin is not based on legal evidence. The High Court Division further held that the accused Mafizuddin in his confessional..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....as to whether the said principles are applicable in the instant case upon averments in the written statement to that effect and evidence to be led on the pleadings and thus, it will not be proper at this stage reading the plaint itself in the absence of any other...... Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent. Judgment August 9, 2005. The Con......No. 92 of 2003 upon its transfer to the Second Court of Assistant Judge, Dhaka. 2. The plaintiff filed the suit for certain declarations that the order of dismissal of the plaintiff is illegal, void and not binding upon the plaintiff and for reinstatement with all back wages and that th..Category: Employment/Service Law | Date: | Hits: 211
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