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Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......se is also Reported in: 13 MLR (AD) 2008, 105. ...... doubt and as such he is not entitled to the relief sought. 10. The plaintiff as against the judgment and decree of the trial Court went an appeal. The appellate Court on detail discussion of the evidence, both oral and documentary, of the parties arrived at the finding that the suit is not barr..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... protection of law and equal opportunity of the writ petitioners in their employment, there being flagrant violation of the rights. 12. It appears that the High Court Division considered the facts and circumstances and observed: "On perusal of the annexures we find that t......d J.R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary, Ministry of Finance, Bangladesh Secretariat, and others........ ....................Petitioner Vs. Md. Abdur Rashid and others ........ 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....1991 arising out of Arbitration Revision Case No.1816 of 1990 filed against the Land Acquisition Collector Award in Requisition and Acquisition Case No. 12 of 1987-88. 2. Common questions of facts and law being involved the writ petitions were disposed of by one judgment. So these three a......hellip;……………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector & others..............................Respondents (in all the cases) ......e:- (a) Summoning and enforcing the attendance of any, person, and examining him on oath; (b) Compelling the production of any document or record; (c) Reception of evidence on affidavit; (d) Issuing commission for examination of witnesses; ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....of the appeal against acquittal passed by the High Court Division and as this Court is competent to award any legal sentence on consideration of all evidence on record for ends of justice. 10. The facts leading to the decision of conviction of the accused petitioner had not been disputed at all b......e Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State...................................of Sessions Judge, Barisal. They were charged under sections 302/34 of the Penal Code for committing murder of one Faujia Rahman Chapa (25) and also under sections 201/34 for causing disappearance of evidence of the muder and further under sections 307/34 of the Penal Code for attempting to cause mu..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....ing back the suit on remand to the trial Court for disposal and therefore, both the leave-petitions are heard together and disposed of by this single judgment. 2. Shortly stated the relevant facts are that the petitioner as plaintiff instituted Title Suit No. 306 of 1989 and subsequently ...... Khorshed Alam (Md).....................Petitioner Vs. Hazi Mohiuddin and others.............Respondents Judgment February 18, 2007. Lawyers Involve......case of the parties and considered their submissions and thereafter, held as follows: "On hearing the submissions of the learned Counsels of both parities and after perusal of the evidence and other materials on record it is found that both the Courts below have not considere..Category: Procedural Law | Date: | Hits: 86
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
.... Amin J. - By this petition the petitioner seeks review of the judgment dated 5-12-2007 passed in criminal petition for leave to appeal No. 428 of 2006 dismissing the petition. 2. Short facts are that the complainant petitioner Daud Ali Sardar filed CR Case No. 70/88 Kali, TR 06/1989 ...... MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Dawad Ali Sardar (Md)..................Petitioner Vs. Kazi Mujibar Rahman and others............... Respondents Judgment ......was bitter enmity between the victim and the complainant and, as such, it is required that there should be some corroboration by disinterested witnesses. There is no corroborative evidence in the present case to generate confidence upon which the conviction can reasonably b..Category: Criminal Law | Date: | Hits: 34
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... of 1997 making the Rule absolute and quashing the proceedings of Special Case No.7 of 1996 under sections 419/ 420/467/471/109 of the Penal Code read with section 5(2) of Act II of 1947. 2. Short facts are that one Mohammad Abul Kashem, Assistant Inspector of District Anti-Corruption Bureau, Kus......slam J Md. Abdul Matin J State..........Appellant Vs. Sailendra Chandra Borman..................Respondent Judgment ...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..Category: Criminal Law | Date: | Hits: 63
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....gation brought against the respondent. As a matter of fact, it cannot be said that it was a fresh enquiry but it was in the process of the same enquiry wherein the authority wanted to know certain facts with regard to document to be fully satisfied about the thoroughness of the enquiry held earl......lip;……………………………………………….Appellant Vs. AAM Salekuzzaman and another……………………………&...... reports were enclosed with the second show cause notice, that as the third enquiry was ordered for clarification of the second enquiry report as to the sixth allegation on the basis of documentary evidence no notice was given to the respondent for the third enquiry and that the proceeding was i..Category: Administrative Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....of a Division Bench of the High Court Division in Writ Petition No. 463 of 1998 discharging the Rule Nisi and awarding a cost of Taka 5000.00 to each of the contesting respondents. 2. The salient facts over which there is little dispute are as follows. The leave petitioners, Messrs ASF Rahman, S......orted in: 52 DLR (AD) (2000) 61. ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....n those two polling centres. The ballot papers of all the polling centres under Pirojpur and Indurkani PS excepting Gabgachhiya Government Primary School Centre are to be recounted. In view of the facts as stated above the election of opposite party No. 5 is to be declared void. 6. The el......Saydee………………………………………………. Appellant Vs. Sudhangshu Shekhor Halder and others……………………………&......site Party No. 5 liable to be declared void? (ix) To what other relief, if any, is the petitioner entitled? 9. As regards issue Nos. 2-6 the Tribunal upon consideration of the evidence and materials on record clearly found that they were not proved. As to issue No. 1 the Tri..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....ted November 12, 1977 passed by the High Court Division in Civil Order No. 1464 of 1977). Judgment Kemaluddin Hossain J. - This appeal by special leave arises in the premises of the following facts: Sometime in 1954 a Trust was created by a deed which provided for maintenance of certai......peal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, with M. F. Karim, Advocate instructed by S.M. Huq, Advocate-on-Record- For the Appellant. Abdul Malek, instructed by B.C. Panday, Advocate-on-Record-For the Respondents No.1-4. Criminal Appeal No. 6 of 1978. (From t...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..Category: Trust/Waqf Law | Date: | Hits: 185
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
....ssible or probable grounds. It is therefore not possible to lay down before hand any rigid standard of what could or could not be possible ground for withdrawal and they will depend always on the facts and circumstances of each case, but the grounds must be relatable to the reasons for ...... ...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....ellants when admittedly they incurred loss. 6. The learned counsel for the respondent founds it difficult to repudiate that the Irrigation Department is not a component of the respondent. In facts and circumstances of the case refusal of compensation by the course below to the appellants c......d in: 30 DLR (SC) (1978) 247. ...... these fisheries for another term for reasonable rent. The learned Judges of the High Court arrived at the following conclusion:— “We therefore, upon a consideration of the evidence on record, are satisfied that the plaintiffs have been able to establish their case that ..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ir of defendant No.1 and he is in possession of the house and paid rent of the suit land and Municipal Tax of the house. So the petitioner is highly interested person in this suit. In the above facts and circumstances, we cannot discard the petitioner's claim without giving him chance to p......an Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Ansar Ali, Advocate instructed by S.S. Hoda Advocate-on-Record – For the Appellant. Abdul Hamid, Advocate instructed by B.C. Panday, Advocate-on-Record- For Respondent. Civil Appeal No. 123 of 1977 (On appeal from the ju......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....dinance, that the general jurisdiction of a Civil Court is not affected under such circumstances. In that view of the matter we do not think that the learned Judge was wrong in his view that in the facts of this case the learned Small Cause Court Judge had the necessary jurisdiction to try the sui......orted in: 30 DLR (SC) (1978) 241. ......the said land for more than 12 years in exercise of his right as a non-agricultural tenant. The learned Small Cause Court Judge who tried the said suit; came to the finding, on a consideration of the evidence on record, that the respondents has got their title to the suit premises and that the defen..Category: Tenancy Law | Date: | Hits: 163
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
.... abatement as contended by Mr. Moinul Huq, there is no escape from the finding that the said order was passed on the basis of a false affidavit and a false certificate of death. In view of the facts and circumstances of the case, even if there were an alternative remedy, it would not bar th...... Present A. M. Sayem CJ Mohammad Abdullah Jabir J Ahasanuddin Chowdhury J Master Abdul Aziz………..Appellant Vs. Abani Mohan Mukherjee and others…. Respondents Judgment May 2, 1975. Cases Referred to: ......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....d was abandoned property within meaning of the Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972) required the determination of disputed questions of facts, it could not be resolved on the affidavits filed by the parties. 2. Civil Petition No...... Appellate Division (Civil) Present Syed A B Mahmud Hosain CJ Kemaluddin Hossain J Fazle Munim J Mrs. Halima Khatun.........Petitioner Vs. Bangladesh and others………....Respondents (In Civil Petition No. 171 of 1977) Mrs. D......se of the judicial power is not contemplated either by the Constitution or Proclamation so far issued. If this is not recognized as one of the most essential principle of constitutionalism which is evidenced by the retention of the division of powers between the three organs of the State under t..Category: Constitutional Law | Date: | Hits: 307
Faridul Alam Vs. State and another, 2007, 36 CLC (AD)
....made above, we do not find any grounds to interfere. The criminal petition is, therefore, dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 93; 16 BLT (AD) 51; 13 BLC (AD) 61. ......Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Faridul Alam............ ..................Petitioner Vs. State and another...........................Respondents Judgment February 18, 2007. Resu...... First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged, in such cases no question of appreciating evidence arises, it is a matter merely of looking at the complaint or the First Information Report t..Category: Criminal Law | Date: | Hits: 138
Abdul Jabbar (Md) Vs. Government of the People's Republic of Bangladesh & others, 2008, 37 CLC (AD)
.... J.- This petition for leave to appeal is directed against the judgment and order dated 8-5-2007 passed by the High Court Division in Writ Petition No.7427 of 2006 discharging the Rule. 2. Short facts are that the writ petitioner as Chairman of the Managing Committee of Sankarkati Khaddiza Girl......(Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Abdul Jabbar (Md)..........................Petitioner Vs. Government of the People's Republic of Bangladesh and others.. ........Respondents Judgment April 6, 2008. Lawyers Involved: Sarwar Ahmed......ew of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed Ed. ..Category: Civil Law | Date: | Hits: 111
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ojpur in Criminal Revision No. 130 of 1999 affirming the order dated 4-11-1999 passed by 1st Class Magistrate Perojpur in GR Case No. 208 of 1998 discharging the accused petitioner. 2. Brief facts are that the respondent No. 2, as informant, lodged FIR before Nazirpur Police Station stati...... Tafazzul Islam J Azizul Hoque..........................Petitioner Vs State and others.................Respondents Judgment &nbs......the trial against the accuseds but however/ if any extraneous document is filed at the stage of framing charge to make the court believe any defence version, such document is to be admitted in evidence providing opportunity to the prosecution to verify the same and there is no scope to disc..Category: Criminal Law | Date: | Hits: 39
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