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State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
.... Result: The petition is dismissed. The Evidence Act, 1872 (I of 1872), Section 45 It has been rightly found by the High Court Division that it was unsafe to proceed against the accused persons on uncorroborated opinion of handwriting and finger print expert………………………..(8......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ......allegations. 7. Both on merit and on the ground that the prosecution was lodged after further inquiry was stopped by the learned Magistrate a Single Judge of the High Court Division held that the trial was illegal. 8. Mr. B Hossain learned Deputy Attorney-General submits that an order of dis...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State…………………….Petitioner Vs. Raihan Ali Khandker and others………………Respondents Judgment April 1, 1997. Result: The peti..Category: Procedural Law | Date: | Hits: 120
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....Cannons of Professional Conduct and Etiquette. Chapter II, Clause 4 Respondent No. 1 committed professional misconduct by filing vokalatnama on behalf of the plaintiff as well as on behalf of his son defendant in the same suit. As in fact no harm was done to plaintiff respondent no. 2 the substi......upon the assurance that the solenama will be filed through Advocate Mr. Goswarni; that respondent No. 1, however, fraudulently through a new Advocate whom the complainant did never engage, filed a so-called Solenama admitting gift of the disputed land in favour of the son of respondent No. 1; that t......ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalundu Bikash Roy Choudhury J Bangladesh Bar Council................ Appellant Vs. Khawja Abdul Gani and another ………….Respondent Judgment November 20, 1997. Result: The appeal is d..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plaint which originally belonged to Kunja Lal Shaha. The plaintiff contends that Kunja Lal died leaving surviving three sons Ranajit, Sunil and Benoy, that Benoy being in possession of the disputed structure leased out t......rcumstances, we do not find that the High Court Division, in refusing to entertain the revisional application, committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......ndant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the respondent for specific performance of a contract for sale of certain land with a tin-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plaint..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....1877), Section 42 The trial court found that the place, time, manner of entering into any oral agreement, settlement of consideration and payment towards the same, demand of conveyance and also alleged delivery of possession have not been proved. When the trial court gave cogent reasons of ......ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......…..…………….........................Respondents Judgment August 10, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 42 The trial court found that the place, time, manner of entering into any oral agreement, settlement of co......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moslemuddin (Md) and others…………………………..………………Appellants Vs. Md. Jonab Ali and..Category: Property Law | Date: | Hits: 88
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....e trial court as well as the court of appeal have not been able to find that the plaintiffs are in exclusive possession of a specific and separate share of the suit plot well demarcated by boundaries so as to be entitled to retain their possession against their co-sharers till the legal partition by......fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ......…….…………………………………. Respondents Judgment January 22, 1997. Result: The appeal is dismissed. The Specific Relief Act, 1877 (I of 1877), Section 56 The trial court as well as the court of appeal have not been able to find that the plaintiffs are in exc...... ..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
....tion No. 310 of 1990.) Judgment ATM Afzal CJ.- This appeal by leave is from judgment and order dated 12 January, 1993 passed by a Division Bench of the High Court Division making the Rule absolute in Writ Petition No. 310 of 1990 filed by respondent No. 1 and declaring that the order passe...... notice was served upon the respondent on 11-12-89 and then he was ultimately dismissed by the Director General of the Academy by order dated 25-1-90 as referred to above. This order of dismissal was called in question by the respondent by filing the aforesaid writ petition. 3. Several points we......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......ifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, 1997. Result: Th..Category: Employment/Service Law | Date: | Hits: 145
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....earlier suit they cannot be allowed to proceed with the present suit as no fraud was practiced upon the court by the defendants in the earlier suit. Such a suit should be buried at the very inception so that no further time is consumed in a fruitless litigation to reopen the same matter afresh after......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......earlier instituted Title Suit No. 177 of 1994 in the Court of the Subordinate Judge, Dhaka for declaration of the title and partition of the suit properties. That suit on contest was dismissed by the trial Court which decree was affirmed up to the Appellate Division where a review petition was also ......Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and ..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
....mpetent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of process of court” and need be quashed “for ends of justice” dispensation of personal appearance of the accused before such court does not fall within the meaning of section 561A C...... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ......is lawyer. The said application was rejected by the court on 11-4-1999 leading to filing an application under section 561A Cr.P.C. for dispensing with personal attendance of the petitioner before the trial Court. 3. A Division Bench of the High Court Division rejected the application summarily b...... 14, 2000. Result: The petition is dismissed. The Code of Criminal Procedure, 1908 (V of 1898), Section 561A Where criminal proceeding has been initiated legally in a competent court and it cannot be shown that such criminal proceeding, if is allowed to continue, will be “abuse of..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....stitution of Bangladesh, 1972, Article 109 The Code of Civil Procedure, 1908 (V of 1908), Section 115 In a case where a statute bars entertainment of a revision the exercise of supervisory power under Article 109 of the Constitution is not available……..(7) Case Referred t......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......as not fair. 6. From the facts as has been narrated it is palpably clear that the case was fixed on several dates and for securing the ends of justice and for proper adjudication of the issue the trial Judge exercised his judicial discretion and deferred the date of argument and ultimately fixed......R (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....eror is that of a Pir and disciple who is not a well educated woman burden of proof is on the Pir to establish that the transfer was valid and legal. Principle of law in this respect is to protect persons whose disabilities to fully understand the nature and effect of transfer of their property make......missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......endant No.1. 4. The plaintiff examined 4 witnesses including her while defendants examined 3 witnesses including defendant No. 2 but defendant No. 1 did not depose in the suit. 5. The trial Court on consideration of evidence on record dismissed the suit on contest. The plaintiff took......Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petit..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ence of other witnesses who testified about the presence of that witness cannot be discarded for non-seizure of blood-stained wearing apparel of that witness specially when presence of the accused person and their participation in the occurrence was established in the cross-examination of the witnes......ed in the hospital. On the same day at about 9-00 PM while informant Abdul Jail was enjoying television and taking meal with his son deceased Munir Hossain, accused Bijoy, son of accused Sekander Ali called his son through window. At this Munir went out of the house. The informant and his brother fo......irst Information Report was lodged on 8-5-9 1 at 3-30 AM (within 7 hours of the occurrence) by the father of deceased Munir. On these allegations the accused respondents along with others were put on trial Additional Sessions Judge, First under sections 302/34 and other sections of the Penal Code. ...... Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14, 2000. Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 of 1998 is dismissed. The Evidence Act, 18..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
.... 1969 allowing the appeal. 2. Short facts are that Sajjad Ali and others had 8 annas share and Sharafat Ali and others had remaining 8 annas share in the suit land. Sajjad Ali and others sold their shares to Abdur Razzak, plaintiff No. 1 and Abdul Jalil plaintiff No. 2, by kabala dated ......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......ughters. Defendant No. 1 is in exclusive possession of the suit land and the record was also prepared in his name. The suit is thus liable to be dismissed. 4. The suit was decreed by the trial court hooding, inter alia, that the defendants did not disclose in their written statement as ......instructed by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10. Civil Appeal No. 10 of 1998 (From the Judgment and Decree dated 07.05.1997 passed by the High Court Division in 2nd Appeal No. 143 of 1969) ..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
....e dated 22-03-1995 passed by the learned Sessions Judge, Pabna in Sessions Case No. 57 of 1992 convicting the petitioner under sections 302/34 of the Penal Code and sentencing him to suffer imprisonment for life. 2. The facts, leading to this petition, are that the informant, Md. Ishaque...... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......the order of conviction and sentence is bad in law in view of the materials on record and that the prosecution withheld material evidence to establish the guilt of the petitioner and as such the trial court as well as the High Court Division ought to have drawn an adverse inference to secu......r Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No. 128 of 2001. (From the Judgment and Order dated 16.01.2001 passed by a division Bench of the High Court Division in Criminal Appeal ..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
.... Assistant Judge and Special Tribunal, Shariatpur Convicting the accused respondent for the offence punishable under section 19(A) of the Arms Act and sentencing him to suffer rigorous imprisonment for 14 ( fourteen) years and also the pay a fine of TK. 10,000/- (ten thousand) in default t......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......cognizance of the offence was taken and framed charge under section 19(A) of the Arms Act against the accused respondent, the same was read over to him and to which he pleaded not guilty and demanded trial. 5. The Tribunal upon consideration of materials on record found the accused resp......eneral instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner Not Represented- Respondent Criminal Petition For Leave to Appeal No. 15 of 2001. (From the Judgment and Order dated 20-1-2000 passed by the High Court Division in Criminal Appeal No. 680 of 1994) ..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....retary, Ministry of Finance, Banking Division and another.......Respondents Judgment December 18, 2002. Cases Referred to- Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs. Secretary of State for Home Affairs.......f Finance 4. Mr. M.A. Matin, Joint Secretary, Establishment Division and 5. Mr. Nurunnabi, Joint Secretary, Ministry of Finance. 3. The said Committee called the appellant along with many other Deputy General Managers in 1997 for an interview for......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......l Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and another.......Respondents Judgment December 18, 2002. Cases Re..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
....lowing the Misc. Case No. 127 of 1984 under Rule 13, Order IX of the Code of Civil Procedure and setting aside the ex parte decree passed on 17-8-72 in O.C. Suit No. 29 of 1972. 2. The predecessor of the present Respondent Nos. 1 (a) to 1(j) late Abdul Yunus Talukder and his full sister the R...... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......pondents, referred to the statements made in para. 7 of their Counter-Affidavit filed before the High Court Division, (from the additional paper book) the applications filed by the respondents in the trial Court for substitution of the heirs of said Dr. Ismail Khan and the orders passed by that cour......d with costs. Ed. ..Category: Procedural Law | Date: | Hits: 83
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
.... be out of possession stating, inter alia, that the suit land comprising of Schedule 1 and 2 recorded in C.S. Khatian No.2 and 2A originally belonged to one Baisnab Chandra Dey who was succeeded by son Abhoy Charan Dey. After the death of Abhoy Charan Dey his son Ananda inherited the same. But Ana......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......cle of Abhoy Charan Dey fraudulently got schedule 2 land recorded in his name. Since the defendants threatened to dispossess, the plaintiffs instituted the suit. 3. The suit was decreed by the trial Court and an appeal therefrom was dismissed. The respondents thereafter moved the High Court......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
.... land appertaining to S.A. Khatian No. 425 plot no. 313 of Mouza Karaish, PS. Kachua, District-Chandpur originally belonged to Rajani Kanta Majumder. After the death of Rajani Kanta Majumder his only son Ramesh Chandra Majumdar became owner and let out the suit land to the plaintiff about 20 years a......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......successfully contested the suit up to the appellate stage and in his presence Title Suit No. 90 of 1986 was decreed declaring plaintiff's title in the suit land. These facts are not disputed. The trial Court in the judgment of Title Suit No. 90 of 1986 stated that there was local investigat......b Hossain, Advocate-on-Record- For the appellant Dr. Rafiqur Rahman, Senior Advocate, instructed by Md. Serajur Rahman, Advocate-on-Record- For the respondent. Civil Appeal No. 41 and 42 of 2000. (From the Judgment and Order dated 19.03.1998 passed by the High Court Division in ..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....uhul Amin J.- This appeal by leave is directed against the judgment and order dated 23.08.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1998 of 1999 making the Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plainti......1349 B.S. whereas in the written statement they claimed to have purchased by unregistered deed (initial case) and subsequent erase oral the suit land in 1353 B.S. So it is difficult to believe the so-called either by unregistered deed or oral purchase of the defendant in 1353 B.S. as because it has ...... in respect of the suit land was prepared in the name of the plaintiffs earlier but later on R.S. Khatian No. 82 for the suit land was also prepared in the name of the defendants. 10. The trial court held that the plaintiffs could not file any pattannama in their favour ......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..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
.... at the instance of the pre-emptee, is directed against the judgment and order dated 06-06-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 372 of 1998 making the Rule absolute and thereby remanding the case to the appellate court below with a direction to dispose to th......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......self filed a subsequent application on 25-04-1996 before the appellate court giving a good-bye to his earlier prayer made by application dated 20-04-1995 and prayed for remanding the case to the trial court. Mr. Khan argued that in the above circumstances the pre-emptor respondent can hard......w. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 56
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