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Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
.... prisoners and in support of the above contention several decisions were cited but the High Court Division did not consider those holding that decisions referred to are distinguishable in the facts and circumstances of the present case. 5. As it appears the High Court Division ...... Lawyers involved: Sarwar Ahmed, Advocate-For the Jail Petitioner. Golam Kibria, Deputy Attorney General-for the State. Jail Petition No. 4 of 2005 (From the judgment and order dated 16.5.2004 passed by the High Court Division in Death Reference No. 34 of 2001, Jai......were not at all free and voluntary and confessional statements had been obtained by police through torture upon them and it is unsafe to base conviction on an oral confession unless proved by evidence of a person of unimpeachable character and before the High Court Division similar co..Category: Criminal Law | Date: | Hits: 51
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....akoria that his daughter and grand daughter (Sunita and Nishita respectively) were murdered in their residence, the complainant rushed there immediately and found the dead bodies. In the aforesaid facts and circumstances, the informant suspected that the accused Paritosh murdered his daught......rd-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 307 of 2004. with Jail Petition No. 02 of 2005. (From the judgment and order dated 18-07-2004 passed by the High Court Division in Jail Appeal No. 615 of 2002 with De......-alia, is that he is not responsible for, nor connected with the murder but has been falsely implicated in the case out of grudge and enmity. 7. The trial court in consideration of the evidence on record as well as facts and circumstances of the case found the accused guilty of ..Category: Criminal Law | Date: | Hits: 43
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....at the petitioners are defaulters and accordingly liable to be evicted. In that view of the matter, we find no substance in the submissions of the learned Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. E......ed in: IV ADC (2007) 691. ...... in rent deposit Case No. 6 of 1995 and that till today petitioners are regularly depositing the rent in the said rent deposit case but the trial Court without considering the exhibit and oral evidence illegally decreed the suit by misreading and non-consideration of the oral and documentary..Category: Property Law | Date: | Hits: 35
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......era, Begum alias, Hazera Khatun & another........Respondents Judgement June 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. N. H. Khandaker, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civ......ourt Division further observed that in the said suit Alhaj Faruque Hossain did not say that he divorced the plaintiff. The statement made by the third party in this regard is not admissible in evidence against the plaintiff who was substituted defendant No. 1-A in the suit and appeared. Acco..Category: Family Law | Date: | Hits: 150
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....he above, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ......rendra Nath Mondal……………………………………………..Appellant Vs. Dhirendra Nath Mandal and others………………………..Responden...... learned Judge of the High Court Division committed error of law in making a 3rd case of the parties and allowed two kathas of land to the plaintiff; that in deciding the case on the basis of oral evidence that the father of the defendant No.4 gave two kathas of land to Somerta Tara for her livi..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....s alleged that Jairuddin surrendered his tenancy under Kuran Mondal and thereafter Taresh son of Kuran Mondal settled the land with Jitu Mondal it was for the defendants to establish the said facts since in the absence of non-establishing of the said facts i.e. case of surrender and the set......) 672. ...... purchase from the successive heirs of Jitu Mondal. 5. The trial Court decreed the suit on the findings that plaintiff proved his case of possessing the land in suit by bargadar by the evidence of P.Ws. 2 and 3, that no 'Istafanama' as well as no 'Hukumnama' was filed to prove surren..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......rted in: IV ADC (2007) 669. ......plaintiffs also proved their possession in the suit land on consideration of the materials on record the trial court duly found that the entry in the R.S. record is wrong and there is also no evidence to prove that Abdul Gafur Talukder ever accepted the kabuliyats executed by the defendants..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....Act and so the submission of the learned advocate of the petitioner that the Revenue Officer does not have the authority to cancel the record of rights under this provision of law has basis; in the facts and circumstances of the instant case there does not appear to be any incidence of fraud as ......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, Represented by the Deputy Commissioner and others, Rangpur……………Petitioners Vs. Khariat Hos......mission that the suit land could subsequently be properly described as beel; nine defence witnesses though deposed to the effect that the suit land is used for the purpose of fishery but the above evidence should not be allowed to outweigh the evidence contain in the registered kabuliyat which d..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....e plaintiff is "Zakir Hossain" but in the Sale Deed No. 5666 the name of the executant is shown as "Zager Hossain" but unfortunately the trial court did not at all consider the facts that the particulars of the transferor and transferee both in the above Sale Deed No. 5666 an......se is also Reported in: IV ADC (2007) 661. ......s the above deed is manufactured one; Ext.3, the sole-nama dated 21.1.1953 made in Rent Suit No. 685 of 1952 also shows the right, title and possession of the plaintiff in the suit land; since the evidence on record shows that the defendant No. 1 and his family were using the pond and its water ..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Shamsul Haque and another………………Petitioners Vs. Md. Abdul J...... the impugned judgment of the High Court Division is liable to be set aside. 6. Learned Advocate-on-Record next contended that the trial Court upon misreading and misconstruing the evidence on record erroneously held that the plaintiff proved his title and possession and in such..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
.... 103B of the Bengal Tenancy Act, that the patta as claimed by the plaintiffs in support of their claim in the land in suit in fact stands in the name of Abdul Ali alone and in the background of the facts and the materials brought on record the same was not acted upon, that the appellate Court wa......2007) 654. ......he learned Counsel submits that the patta that was submitted before the High Court Division and marked as Ext. 'Uma' mention quantity of land 1.52 acres whereas land in suit was shown 1.14 acres as evidenced by the certified copy of the patta dated February 17, 1902 submitted by the plaintiff and..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....an order of calling the meeting may also give such ancillary or consequential direction as it thinks expedient. 7. We are accordingly of the view that the High Court Division considering the facts and circumstances and also applying the correct principle of law as applicable in the present......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Bank ........................Petitioner Vs. Sk. Abul Hossain and others..........Respondents Judgment May 2, 2006. Case Referred to- ......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....ssion of guilt by the plaintiff was made having been put under pressure by the authority and that the appellate Court has not reversed the said finding upon taking into consideration the attending facts and circumstances of the case, that the WASA authority reinstated the 4 other officials who a...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Water Supply and Sewerage Authority (WASA) and another……….Petitioners Vs. Md.......sp; his appeal was rejected. The appellate Court also held that there was no violation of the provision of service rules of the WASA, that the judgment and decree of the trial Court is not based on evidence and the same is contrary to law. 7. It is seen from the judgment of the High ..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....rom the suit premises as monthly tenants when there is no proof of landlord-tenant relationship between the parties and section 109 of the Transfer of Property (Act) is also not applicable in the facts of the case and the submission that the High Court Division upon a misconstruction of Ext. 7, ......ate-on- Record-For the Appellants. Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Appeal Nos. 117-118 of 1998 (From the judgment and order dated 13.08.1995 passed by the High Court Division in Civil Revision No. 1222 of 1981 with....... A series are rent receipts granted by Bidhu Bhusan who was the karmachari of Dhiren, Ext. B is the certified copy of the suit register of the House Rent Control Case for the disputed house." In his evidence he also stated "We occupied the house after settling rent Tk. 15/- was fixed as rent for ..Category: Property Law | Date: | Hits: 34
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
....nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ......ivision (Criminal) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazaul Islam J Razia Khatun.......................Petitioner Vs. Idris Ali and another.........Respondents Judgment October 23, 2005. Lawyers Involved: ......ated hereinabove. The Respondent went on appeal before the Court of Sessions and the learned Sessions Judge allowed the appeal on the finding that the learned Magistrate on an erroneous view of the evidence on record convicted and sentenced the Respondent. As against the judgment of the Court of..Category: Criminal Law | Date: | Hits: 36
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....to 1998-99 leading to no dividend to the shareholders. Thus the company very tactfully and deliberately induced the subscribers of the prospectus to believe the published material and important facts and information which were not, in fact, complete and correct to the entirety and to take up...... Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Wonder Land Toys Ltd., C-101, Central Road, New DOHS Mohakhali C/A, Dhaka…….Petitioner ...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....for leave to appeal is directed against the judgment and order dated 30.04.2002 passed by the Administrative Appellate Tribunal in Appeal Case No. 79 of 2000 dismissing the appeal. 2. Short facts are that the petitioner was directly appointed as Inspector, Customs, Excise and Vat on 25.0...... MM Ruhul Amin J Md. Tafazzul Islam J Md. Anwar Hossain.........................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance and Others ..............................Respondents Judgment April 3, 2004. Case R......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....by a Division Bench of the High Court Division admitting the appeal being F. M. A. No. 66 of 2005 and staying operation of the order dated 17.02.2005 passed by Artha Rin Adalat No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.......d JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Peninsular Shipping Service Limited ..............................................Appellant Vs. M/s. Faruque Paint and Varnish Manufacturing Co. Ltd. and others ........Respondents Judgment June 18, 2006. ......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
....those are very much inculpatory. 8. The High Court Division also took into consideration the delay in lodging F.I.R. as argued by the learned Advocate for the appellants and held that in the facts of the present case, the delay was sufficiently explained. 9. We are of the view that ......sp; Criminal Petition for Leave to Appeal No.252 of 2005 (From the judgment and order dated 18.04.2005 passed by the High Court Division in Criminal Appeal No.2513 of 2003). ......n examined 15 witnesses. 4. The defense case is that the accused have been falsely implicated in this case out of previous grudge and enmity-. 5. The Tribunal on consideration of the evidence on record acquitted all the 8 accused persons of the charge under section 9(3)/30 of the N..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....ificate and also in plain dress and without any arms whatsoever. The prosecution also could not offer any explanation regarding non examination of S.L Abdul Bari, vital witness in the case. All these facts creates a strong doubt about the truth of the prosecution story. It may be mentioned that it i...... General instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner Not represented- For the Respondent. Criminal Petition for Leave to Appeal No. 233 of 2005. (From the Judgment and Order dated July 18, 2004 and July 19, 2004 passed by the High Court Division in Death Reference......lanation regarding non examination of S.L Abdul Bari, vital witness in the case. All these facts creates a strong doubt about the truth of the prosecution story. It may be mentioned that it is in the evidence of the members of the raiding party that they did not raise any hue and cry at the time of ..Category: Criminal Law | Date: | Hits: 73
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