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Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......already discussed that the plaintiff opposite party could not prove that the heba-bil-ewaz deed in question was fraudulently obtained by the defendant opposite party." 17. In view of the facts and circumstances and materials on record and on perusal of the impugned judgment..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......appeal before this Division. Leave was granted to consider that the High Court Division erred in law setting aside the order of further investigation passed by the Chief Metropolitan Magistrate in view of the provisions of the Section 173(3B) of the code of Criminal Procedure which empowers..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......could not see the derailed position of the engine of the goods train while the aforesaid 23 UP rocket mail train was passing through the outer signal and approaching towards the home signal." In view of the evidence indicating innocence of the two respondents we are of the view that the High ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......bitrary, fanciful and perverse' as such on interference is called for with the finding and decision of the appellate Court. 7. Leave was obtained for consideration of the contention that in view of the provision of Sections 91 and 92 of the Evidence Act the High Court Division erred in af..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ...... any legal right in his favour and as such the writ petition on its face was without legal foundation. The learned Judges of the High Court Division have erred in law in making the Rule absolute reviewing the earlier judgment of the High Court Division on the ground that the High Court Division ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....efinition of public servant occurring in section 2(d) of the Act as the tenure of their office was governed by the Regulations and thus erred in law in deciding the writ petitions upon such an erroneous view. 12. His next submission is that the High Court Division is wrong in its view......ompleted 25 years of service under the Government tacking the period of their service with the defence services. 10. The Writ Bench of the High Court Division took the view that the service of the writ petitioners could not be regarded as service under the Repub..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......e claim of the plaintiff rather he admitted the claim of the plaintiff and was not opposing in decreeing the suit in respect of .19 acre of land. 9. The trial Court dismissed the suit on the view that plaintiff has no locus standi to file the suit because of the claim and counter claim of..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ......78 executed by him in favour of the plaintiff. 9. We have already pointed out that it is not disputed that the plaintiff has been residing in the dwelling house of Laibot Ali Pramanik and in view of the relationship between Laibot Ali Pramanik and the plaintiff as stated above, separate de..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ...... that those do not relate to the suit holding since number of the suit holding is 53 but the papers filed by the defendants relate to holding No.53/1. This being the position the trial Court in our view was quite correct in holding that the papers filed by the defendants in support of their claim..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....it nor a matter foreign to the subject matter under controversy. The learned SCC exercise a jurisdiction which was lawfully vested in him and the learned Judge of the High Court Division also took an erroneous view in the matter. 36. The above questions and issues, except those which have already......erson………(11 & 15) If a plaint is not properly signed or verified or presented the Court has always got the discretion to allow the plaintiff to remedy the defect at a later stage, on the view that the defects are of technical nature relating to matters of procedure curable at any time. ..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......nion Parishad Ordinance be fore the Election Tribunal and while that election petition was pending the Writ Petition was filed by this appellant and the Chairman-candidate. The High Court Division in view of pendency of the election petition dismissed the writ petition upon discharging the rule issu..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......dy noticed, the High Court Division refused to quash the proceeding pending against the appellants by the impugned order. Leave was granted to consider whether the High Court Division took a proper view of the facts and law involved in the case in rejecting the prayer for quashing of the proceedin..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......ntiff No.1 requested the said defendant to allow, sufficient time to the plaintiffs for repayment of the outstanding loan money and also requested the said defendant to consider the case favorably in view of the tragic disappearance of Naser. 8. Plaintiff No. 1 also approached the Government of..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......ties. There is absolutely no evidence that defendant No.2 acted as the agent and karyakarak of defendant No. 1 in respect of sale of the suit properties. Such evidence was absolutely necessary in view of the fact that defendant No.1 had 4 other sons and 4 daughters. Consequently Ext.4, granted b..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......him in police custody beyond the period 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..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......asion they stated that different words by accused Imam Hossain in alleged order to accused Abul Khair. In the light of above decision above in the words or language used by accused Imam Hossain, in view of evidence of P.Ws. 2-6 during retrial on second occasion, accused Imam Hossain can have no ..Category: Criminal Law | Date: | Hits: 52
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ...... the vital document Ext.7 a barga Kabuliyat executed by defendant No.1 himself in favour of plaintiffs admitting plaintiffs' title to and interest and possession in the suit land 16. In our view, the High Court Division exceeded its jurisdiction as provided under section 100 of the code o..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....spective case. 7. In view of the above, we do not find any substance in the submission of the learned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. ....../- on 2.3.92 and some property at Tk. 1(one) lac. The petitioner further asserted that he transferred some property at considerations of Tk.3 (three) lacs by a registered kabala dated 10.1.1993. In view of the said transfers, the Assistant Commissioner of Taxes re-opened the assessment of income..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......l management of the property in question and, therefore, the Administrator applied to the Deputy Commissioner under Section 64(1) of the Ordinance by the impugned Memo, dated 10.6.2002, which, in our view, does not suffer from any illegality nor it can be said to have been made without lawful author..Category: Trust/Waqf Law | Date: | Hits: 228
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