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Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......tained any settlement of the suit land from the landlord. The trial Court held that the plaintiff-appellant proved title by adverse possession and under the Non-Agricultural Tenancy Act. Taking the view that the appellant was a co-sharer in the suit land the suit was decreed by the learned Subordi..Category: Tenancy Law | Date: | Hits: 169
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......inistrative Tribunal under Article 117 of the Constitution." 8. On going through the judgment of the High Court Division we are of the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petitio..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....y and Tofazzal Hossain subsequent to execution of Ext.1 and the lower appellate Court was in error in leaving out of consideration the aforesaid evidence led from the side of the defendants on the erroneous view that Ext.1 being a valid deed and bonafide document the effect thereof was not be af......t is very difficult to distinguish the possession of Khateman from that of Izzatullah Chowdhury', that question of inadequate consideration will not be a sufficient ground for taking the view that the transaction was a benami transfer since the transfer in question by Ext.1 was ma..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ...... Ain, 1995. 6. We have considered the submissions made by the learned Advocate and perused the materials on record. On perusal of the materials including the police report we are of the view that it cannot be said that no proceeding lies against the petitioner under the aforesaid prov..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....te rekhe taka dabi kore” and the deposition of P.W. 2 Monira that" Hiru pitar nikot amar madhome 1 lac taka joutuk cheyechilo. Joutuker kichu taka o gohona diyechilo.” most erroneously held that the injury was not caused for the non payment of dowry though from the eviden...... begun from the state of the examination under section 342 of the Code of Criminal Procedure, it will create double jeopardy and illegality and that the offence alleged does not come within the purview of the Ordinance No. LX of 1983 and the accused respondent in the meantime has also suffered i..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......rovement Act, we find that the relevant provisions have been amended several times and ultimately sections 80 to section 93 B were omitted by the Act No. XXIX of 1987. However, we are of the view that the question raised before us is not a question which can be decided by this court actin..Category: Property Law | Date: | Hits: 33
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......h the suits are said to be pending. 3. Be that as it may, in the meantime the aforesaid proceeding under section 145 of the Code of Criminal Procedure ensued between the parties in view of a report dated 20.01.1998 submitted by the officer-in-charge, Dhanmondi, DMP, Dhaka in conn..Category: Procedural Law | Date: | Hits: 154
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ...... known to the informant P.W. 1 that his daughter Bithi (P.W.2) was abducted by the accused appellant. The offence of abduction under Section 7 charged against the accused appellant, in our view, has fallen through, similarly, the offence of rape charged against the accused appellant und..Category: Criminal Law | Date: | Hits: 34
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ......impugned judgment and order dismissed the appeal. Hence is this petition. 4. In support of the petition, Mr. Kazi Shahadat Hossain, learned Senior Advocate, submits, inter alia, that in view of the aforementioned observation as to bail of the petitioner made by the High Cou..Category: Criminal Law | Date: | Hits: 41
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......e-opening the settlement case afresh and giving resettlement to the appellant by the two orders of the Revenue Authorities. Paragraph 8 of the said memo may has no application in this case. In view of the judgment of the High Court Division passed in Second Appeal No. 28 of 1972 the settleme..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......st the judgment and decree of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute primarily taking the view that the documents i.e. Amalnama, the kabuliyat and the rent receipts on the basis of which pla..Category: Property Law | Date: | Hits: 42
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......8, 1993. It has also been submitted by the learned Counsel that the entries in the kabala has the presumption of correctness under the provision of section 60 of the Registration Act as well as, in view of the provision of section 114(e) of the Evidence Act. It has also been submitted that the s..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....ty of self defence. The learned Subordinate Judge went on to say that the plaintiff was dismissed in the year 1984 and the service rules of BRDB came into force in 1988 and thus it will be totally erroneous to conclude that the plaintiff’s service would be guided by the BRDB Rules. ...... arguments of either side and further without adverting to the reasons for reversal of the trial Court judgment, set aside the appellate judgment and decree observing: "I am of the view that the defendant opposite parties should not have proceeded with the appeal in clear violat..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....d in law in not giving direction to rectify the share register of the company to the extent of 300,000 (three lac) shares of Tk. 100.00 each total value at Tk. 300,00,000.00 (Taka three crore) on the erroneous view that since shares were not procured with the rest of the fund of Tk. 200,22,000.00 pr......there had not been any sort of assurance of providing further share and directorships of the respondent No.1 Bank to the petitioners for which they had withdrawn their legal notice at one stage. In view of the fact and circumstances, one can easily draw an inference that the petitioners transact..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ...... Civil Appeal No. 62 of 2004) and Respondent Nos. 1-5 (In Civil Appeal No. 63 of 2004) and Respondent Nos. 2-3 (In Civil Appeal No. 64 of 2004) Civil Appeal Nos. 62-64 of 2004 With Civil Review Petition No. 66 of 2005 Judgment MM Ruhul Amin J. - These three appeals by leave are d..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......osed should ordinarily be regarded as extremely lenient considering the offences committed by the accused. Dr. Kamal Hossain, learned Counsel for the appellants, has submitted that a compassionate view has been taken in this case because the money which was allegedly misappropriated had alr..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......ellant along with seven other accused were prosecuted under Sections 467/109 of the Penal Code on the charge of forging, in collusion with each other, deed of sale No. 5971 dated 30.12.1978 with a view to grab the case land (81/2 decimals) of Plot No.2827 of Khatian No.353 of mouza Bendabari und..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......d also got the further proceedings of the C.R. Case No. 4690 of 1999 stayed. The petitioner opposed the Rule contending inter alia that the respondent Nos.1 and 2 on false representation and with a view to cheat and deceive the petitioner and proforma respondent No.4 made the aforesaid Bainanama a..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ...... recovered from the possession of the accused petitioner. All these witnesses are seizure list witnesses. Nothing has been brought on record to disbelieve their testimony. We are, therefore, of the view that the submissions of the learned Advocate that this a case of no evidence does not stand. ..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......mplication in the case the Courts below should have allowed the said application as the same was not vexatious or to cause unnecessary delay or for defeating the ends of justice in view of the defence plea, instead there is likelihood of the petitioners being prejudiced for not ..Category: Criminal Law | Date: | Hits: 51
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