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Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....f the Waqf Estate, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Nazar and other donations and also for a direction upon the respondent No. 5 (defendant No. 10 in the suit) to hand over cash and ki......t petitioner could seek clarification/interpretation of the impugned order of respondent No. 1 in Civil Revision No. 1207 of 1999 before the High Court Division is totally unwarranted and uncalled for. 14. The observation of the High Court Division that the writ petition is a ......o right to receive money of Mazar Sharif. 5. The suit of the respondent Nos. 3 and 4 was dismissed and the suit of the present appellant and others was decreed. As against the judgments of the trial court respondent Nos. 3 and 4 filed Other Appeal Nos. 31 and 30 of 1994 respectively before th......sp; Abdus Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) ..Category: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....n raised by the learned counsel does not stunt. 7. It appears from the police reports (charge sheets) that the petitioner had already been dismissed from service and as such we do not find any reason to hold that trial of the petitioner without sanction is bad in law. In such view of the matter ......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ...... accepted the charge sheets and the petitioner has been allowed bail by the learned Sessions Judge and the cases have been transferred to the learned Divisional Special Judge, Adamdighi, Rajshahi for trial. 3. The petitioner filed an application before the High Court Division under Section 561A ......, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record- For the petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 124 Of 2001 (From the Judgment and Order dated 11.04.2000 passed by the High Court Division in Criminal Miscellaneous Case No. 2179..Category: Anti-Corruption Laws | Date: | Hits: 94
State Vs. Abul Kalam, 2006, 35 CLC (AD)
.... the accused Abdur Rashid @ Jahangir and Bachchu and that they requested him to visit the house of accused Abdur Rashid and proposed marriage of his sister-in-law with A. K. M. Amirul Alam and also gave a proposal to invest Tk. 3,00,000/- for manpower business and aforesaid A. K. M. Amirul......y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......t Abul Kalam was privy to the offence. After investigation charge sheet was submitted accordingly against the accused including the respondent Abul Kalam. 3. The case being sent for trial, the Additional Sessions Judge framed charge against eight accused including the responde...... by Mr. B. Hossain, Advocate-on-Record-For the Petitioner Not represented-the Respondent. Criminal Petition For Leave To Appeal No. 106 of 2001. (From the Judgment and Order dated 23.10.2000 passed by the High Court Division in Criminal Appeal No. 2897 of 1999). ..Category: Criminal Law | Date: | Hits: 92
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....Miscellaneous Case No. 879 of 1998 under 561A of the Code of Criminal Procedure discharging the Rule. 2. The short facts, leading to this Criminal Petition, are that one Md. Abdul Matin Biswas son Abdul Latif Biswas of village Shalgaria, Thana Para Police Station and District Pabna, Lodged an......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......S) Case No. 11 dated 22-12-1991 was started. 3. Police, upon the said F. I. R took up the investigation of the case and thereafter submitted charge sheet under the aforesaid sections and trial was held in his absence and after the trial the learned Sessions Judge and Special Tribunal Ju......nbsp; Lawyers Involved: Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent. Criminal Petition for Leave to Appeal No. 49 of 2001 (From the Judgment and Order dated 06-04-2000 passed by the High Court Division in Criminal Miscellaneous Appeal No. 87..Category: Criminal Law | Date: | Hits: 89
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....997 upholding the order convicting the petitioners along with 2 others for the offence punishable under Sections 302/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for life and also to pay a fine of Tk. 2,000/- each in default to suffer R. I. for a period ......of the High Court Division and we hold that in the facts and circumstances and evidence of record, the learned Judges of the High Court Division rightly dismissed the appeal. Interference is not called for accordingly this petition for leave to appeal is dismissed. Ed. ...... F.I.R, the police took up investigation and thereafter submitted charge-sheet against 25 accused-persons including the present petitioners under sections 302/34 of the Penal Code. 4. The trial court, upon consideration of evidence on record and under the facts and circumstances of the c......ppeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 99
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....nbsp; Syed J. R. Mudassir Hussain J:- The accused leave petitioners in custody have sought for a leave to appeal against the judgment and order dated 5-2-2001 passed by a Division Benc......t the High Court Division committed error of law in upholding the conviction and sentence of the petitioners of the basis of confessional statement of accused petitioner Zinnah Sheikh but the so-called confession was exculpatory in nature as the prosecution failed to adduce any corroborati......y in the jute field. 4. The police after investigation submitted charge-sheet against the petitioners and others on 3-2-94 under sections 302/201/34 of the Penal Code and they were put on trial. The Sessions Judge, Rajbari framed Charge-against the petitioners under Section 302/34 and 20......d ..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....e of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of stone in his hand, the other accused also assaulted the victim and the victim succumbed to such injuries caused by stone and other weapons......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......n the above allegations the informant lodged an F.I.R. Police on completion of investigation submitted charge sheet against accused Mashuq Mia and others. The accused persons were placed on trial before the learned Additional Sessions Judge, 3rd Court, Sylhet in Session Case No. 42 of 1994...... August 14, 2004. The Penal Code, 1860 (XLV of 1860), Section 324 In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of s..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... petitioner, submitted that the High Court Division was wrong in not holding that the judgment of the Labour Court (Annexure-H) has been passed in the absence of any evidence, oral or documentary whatsoever, to prove that respondent No. 1 was in the permanent employment of petitioner relying on......ect from 1954. The respondent could not prove that he is entitled to any such bonus or overtime or tiffin charges as alleged in schedules B and C to his petition before the Labour Court. We have called for the office records and registers of the appellants to see by ourselves whether the respon...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent Judgment 28th July 2004 Lawyers Involved: Abd..Category: Labour and Industrial Law | Date: | Hits: 130
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ion Writ Petition No. 3453 of 1998) Mohammad Fazlul Karim J.- The appellants (writ-respondents) obtained leave against the impugned judgment and order of the High Court Division making the Rule absolute declaring that the impugned Memo No. 2(14) Customs 8/90/307 dated 8.2.1996 vide Annexure -C o......ard as a packing material is required to make carton (inner and master) for packing the shrimps. That each inner carton contains 2 KG Shrimps and the said 6 inner cartons are packed in another carton called the Master carton and in this way the export is being made. Locally made duplex board is infe......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......lso Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....y. During pendency of the suit a further prayer was made by amendment of the plaint for recovery of possession. The case of the plaintiff respondents was that the suit lands belonged to their predecessor in interest Amir Ali who died leaving the plaintiffs as his heirs and they were in possessi......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......of the suit land. 3. The learned Assistant Judge, Jhenidah dismissed Title Suit No. 175 of 1985 on 27.03.1991. On appeal, the learned District Judge, Jhenidah affirmed the judgment of the trial court in Title Appeal No. 55 of 1991 on 14.03.1992 holding that the plaintiffs failed to prove......y order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ohammad Fazlul Karim J. - This appeal by leave is directed against the judgment and order dated 5 July 1998 passed by the High Court Division in Civil Revision No. 3266 of 1997 making the rule absolute and setting aside the concurrent decrees of the Courts below dismissing the suit for permanen......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......le owner of the disputed land and they have become the owners whereof by purchase from the heirs of Chand Mia. They also claim that they have possession in the disputed land. 4. The trial Court decreed the suit holding, inter alia, that Jalal Ahmed acquired title to the disput......t Appellate Division (Civil) Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents ..Category: Property Law | Date: | Hits: 43
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....ladesh till August, 1976 but the members of his family remained throughout in Bangladesh ; that he remained stranded in Karachi because of the alarming news he received about the absence of social security of the Urdu speaking nationals in Bangladesh ; that when the situation improved he r......perty vested in the Government under this Order shall be exempt from all legal processes and Article 24 speaks that anything done or any action taken or any order passed under this order shall not be called in question in any court. Hence, from the definition of abandoned property and on the basis o......school started there with effect from 1.1.74; that the appellant was issued the certificate of citizenship, which is effective from the date of issuance of the certificate on 31.8.1980. 5. The trial court on a discussion of the evidence on record held, inter alia, that the plaintiff was a nat......ision (Civil) Present: A.T.M. Afzal C J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Syed Afzal Nowab ...........Plaintiff-Appellant Vs. G. M. Yousuf and others... Defendant-Respondents. Judgment 2nd June 1997 Lawyers Involved: ..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....e Suit No. 25 of 1989 impleading the appellants 1-3 who were respectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and declaration of title and recovery of khas possession in respect of Kha schedule......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......shy;tuted Title Suit No. 254 of 1959 which was dismissed on 12.12.195. These defendants denied right and title of the plaintiff. 7. Considering the materials on record of the parties the trial court dismissed the suit of the plaintiffs. Against the judgment and decree of the Trial Court...... is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....Code. It is further, contended that the High Court Division did not consider that there was enmity between the petitioner and the respondent arising out of previous civil and criminal cases. If was also argued that the respondent complainant is not the owner of the pond. 5. We have hear......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ...... Court Division regarding the charge under Section 379 of the Penal Code. It appears from the petition of complaint that the complainant made several allegations constituting various offences and the trial Court on consideration of the materials already framed charge. Before taking evidence it ......ition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....at the defendant's costs. This proposal of the plaintiff was rejected by the defendant by letter dated 10.01.1987. The plaintiff could not take delivery of the contracted goods owing to this unreasonable and adamant attitude of the defendant who forfeited the earnest money paid by the plaintiff ......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ......00/- in re-selling the goods at a. reduced price arid the total loss of the defendant comes to Tk.20,31.872/- which the defendant claimed as a counter-claim. 5. The trial court found that there was a contract for sale of the goods on "as is where is" basi......p; Shafique Ahmed, Senior Advocate, (Subrata Chowdhury, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record- For the Respondent. Civil Appeal No. 28 of 1996 (From the judgment and order dated 22.08.1994 passed by the High Court Division in First Appeal No.57 of 1992) J..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....le of the plaint with Abdur Rahim and Nur Ali by a registered patta being No. 2515 dated 7.7.1896 on acceptance of a registered kabulyat being No.2516. Abdur Rahim and Nur Ali are common predecessors-in-interest of both plaintiffs and defendants. After taking settlement Abdur Rahim possessed so......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......ng. Similarly the plaintiffs are in possession of RS Plot No. 407. Both the lands are separate and the parties possess their land separately since long. Therefore, there is nothing for partition. The trial court on considering the materials on record decreed the suit in the preliminary form. On appe...... ..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....3 and 24 of the Bangladesh Abandoned Property (Control, Management and Disposal) Order, 1972 (President's Order No. 16 of 1972) and that this aspect was not considered in both the appeals and was also not urged at any stage of the suits leading to Civil Appeals. 7. But the plaintiff never ......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......ibus-manner it was stated that the suit is not maintainable but the defendant did never agitate the issue nor cared to suggest an issue to that effect or that no issue was urged to be framed by the trial Court. The Court accordingly proceeded to hear the suit and same is the case in the appellate......8) 197. ..Category: Property Law | Date: | Hits: 97
Kamal Uddin Vs. State, 2006, 35 CLC (AD)
....7.03.2001 was submitted against two accused while final report was submitted against the rest including the petitioner and that the informant filed naraji petition against the said final report and also filed an application to the Government for further investigation of the case and the learned......commit any error in passing the impugned judgment and order. 15. In view of-the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. ......titioner and the supplementary charge sheet was accepted by the learned Magistrate who took cognizance against the accused petitioner along with other accused and the case has been sent for trial before the learned Sessions Judge, Comilla where it has been registered as Sessions Case No. 3......mad Ali, Attorney General, instructed by Zahirul Islam, Advocate-on-Record For the Respondent. Criminal Petition for Leave to Appeal No. 282 of 2004 (From the judgment and order dated 08.08.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 3446..Category: Criminal Law | Date: | Hits: 103
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
.... allowing all the appeals including jail appeal and thereby acquitting the respondents. 2. Prosecution case, in brief, is that on the night following 29.03.1997 after 11.00 P.M. the accused persons being armed with deadly weapons such as pipegun, kiris, dagger, iron rod etc. entered into Brah......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. ......mned prisoner Mafizuddin made confessional statement. Police on completion of investigation submitted charge sheet against the condemned prisoners and absconding convict Kazi Tipu Sultan. During trial charge was framed against accused persons under section 396 of the Penal Code. The accused per......ent: Md. Ruhul Amin J. Mohammad Fazlul Karim J. M.M. Ruhul Amin J. Md. Tafazzul Islam J. Amirul Kabir Chowdhury J. The State.................................Petitioner. Vs. Mofizuddin and others ......... Respondents. Judgment 29 November 2005 Criminal Petition For Leave To ..Category: Criminal Law | Date: | Hits: 83
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....bsp; Mohammad Fazlul Karim, J.- This appeal by leave arose out of the judgment and order dated 24th August, 2003 passed by the High Court Division in Civil Revision No. 1476 of 2003 making the rule absolute-in-part so far as it relates to finding in respect of section 42 of the Specific Relief ......ded on taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division is not called for to invoke plenary Jurisdiction under Article 104 of the Constitution for doing complete ......ntested hearing the High Court Division made the Rule absolute-in-part while affirming the order rejecting the application under Order VII Rule 11 of the Code of Civil Procedure but directed the trial Court to first decide the question of maintainability of the suit under section 42 of the...... Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Ismat Zerin Khan....................Appellant. Vs. The World Bank and others..................Respondent. Judgment August 9, 2005. The Con..Category: Employment/Service Law | Date: | Hits: 211
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