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Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....rt were wrong in holding that respondent No 1 had no duty to stay the proceeding in the midst of the trial and the learned Judges of the High Court were wrong in not taking in to consideration the facts and circumstances of the case which go to show the bias of respondent No. 1 which rendered hi......M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1977 Lawyers......mental judicial norms and that the finding of the respondent No. 1 as to illegality and material irregularity in holding election was vitiated by reason of reference to and reliance on inadmissible evidence. That serious allegation having been made by Respondent No. 2 against the presiding office..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....rustees of the Port, Bobbay, AIR 1930 Bombar 44, contended that protection under the Act has been given to the lands and buildings used for religious or charitable purposes. It will appear from the facts of the case that protection under the Workmen's Compensation Act is meant for the workmen who......sanuddin Choudhury J D. C. Bhattacharya J Kemaluddin Hossain J Fazle Munim J Baitul Mukarram…………..Appellant Vs. Taxation Officer and another……….Respondent Judgment June 2, 1977 Cases Refe......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....of the High Court Division in Criminal Miscellaneous case No. 3659 of 2003 filed under Section 561A read with Section 517 of the Code of Criminal Procedure discharging the Rule. 2. The facts, leading to this petition, are that the informant Md. Moazzem Hossain S.P.S. (Jety) Mongla Ba...... Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other…………………..........Respondents Judgm...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
.... aside. 3. The High Court Division upon hearing the parties discharged the Rule by judgment and order dated 18th July, 2005 in the aforesaid Criminal Revision No. 603 of 2005. 4. The facts, leading to this criminal petition, are that Md. Abdul Latif, son of late Rahim Uddin Pramani...... Supreme Court Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Amirul Islam and others………………………......Petitioners ......ion. 8. We have heard the learned Advocate of both sides and perused the impugned judgment of the High Court Division. It appears that during trial on 03-05-2005 prosecution adduced the evidence of P.w.1 on 02-05-2005 and Pws.2 and 3 on 02-05-2005, 03-05-2005 respectively and they wer..Category: Criminal Law | Date: | Hits: 41
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
....n was in error in placing reliance on the provision of Section 114, illustrating (f) of the Evidence illustration Act and provision of Section 27 of the General Clauses Act in the background of the facts and circumstances of the case in holding that notice sent by registered post was duly a...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Abdur Rob Mollah ............................Appellant Vs Shahabuddin Ahmed and others ..........Respondent Judgment October 19, 2006. Cases Referred To-......uot;refused" on it. It is also the preponderant view that mere denial by the defendant that he did not receive the notice or that it was not tendered to him is not sufficient. He is to adduce evidence that he was not tendered any notice and that he did not refuse any notice". 21..Category: Trust/Waqf Law | Date: | Hits: 266
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... the Miscellaneous case filed under Order XLI read with section 151 of the Code of Civil Procedure. For that the Single Bench of the High Court Division erred in failing to consider the facts, that the suit land was acquired by the Government vide Gazette notification dated 2.4.1956 ...... Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Forest Ranger, Bhaluka Range Office, Mymensingh and others......Petitioners Vs M/S. Hamid and sons Ltd. and others ........................ The petitioners are also permitted to prepare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....emand of dowry has not been proved in the evidence and that the defendant failed to prove the genuineness of the deed of heba-bil-ewaz and that the learned lower appellate court considered the facts and circumstances and evidence on record and came to a correct decision in passing the j...... (Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Musammat Sokhina Khatun..................petitioner Vs Mosammat Rowshanara Begum and others .........Respondents Judgment July 10, 2006. Lawyers Involved: ......pondent No.1. 9. He further submits that the claim of the defendant that the property was sold for a consideration of Tk. 70,000/- to meet the demand of dowry has not been proved in the evidence and that the defendant failed to prove the genuineness of the deed of heba-bil-ewaz a..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....ol by a letter dated 20-08-1998 requested to the Chief Metropolitan Magistrate for further investigation against the respondent herein. The Chief Metropolitan Magistrate having considered the facts and circumstances of the case and upon perusal of the aforesaid letter, the Chief Metropolita......instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Criminal Appeal No.34 of 2000 (From the judgment and order dated 14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998) ......pect of an offence after a report under subsection (1) has been forwarded to the Magistrate and, whereupon such investigation, the officer in-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regar..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......reme Court Appellate Division (Criminal) Present: Md. Ruhul Amin J MM Ruhul Amin J Amirul Kabir Chowdhury J The State …………….............Petitioner Vs. Ali Ahmed and other..........Respondents Judgment February 23, 2005. Result: The petition is dismi...... and sentence and acquitting them. Hence is this petition. 3. In support of the Petition Mr. Abdur Razzaque Khan, learned Additional Attorney General submits, inter alia, that there being cogent evidence against the two respondents the High Court Division committed error of law in acquitting th..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....nd condition of the document and that the parties are debarred from leading evidence from varying, contradicting, adding to, or subtracting from the terms and condition of the document. In the facts and circumstances of the instant case there having no such situation as contemplates by the p......pellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Majid alias Mujibur Rahman Molla........Appellant Vs. Md. Abdul Matin and others ............Respondents Judgment August 20, 2006 Lawyers Involved: ......s against the judgment and decree of the trial Court, the defendant No.1 moved the High Court Division in revisional jurisdiction and obtained Rule. The High Court Division on consideration of the evidence on record held that the transaction made by Ext.1 (the Exchange deed) was a colourable tra..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....ing of permission is not the function of Bangladesh Bank rather this is absolute function of the Council Committee of the Ministry of Cabinet Affairs of the Government. 16. Therefore, in the facts and circumstances of the case and in the light of the discussion made above, we are of the vi......, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ion in Writ Petition No. 1044 of 1998 in both the cases) Judgment: Bimalendu Bikash Roy Choudhury J.- All the above appeals by leave arise out of facts akin to each other and involve common questions of law and therefore they have been hear...... Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………….Appellant (In C.A. Nos. 30 & 32 of 1999) Government of Bangladesh and others ...................... Appellants (In C.A. Nos. 31 & 33 of 1999) Vs Lt......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....id judgment and order dated 31.08.2005. 3. Both the leave petitions arising out of the same judgment passed in the same writ petition are disposed of by this single order. 4. The facts necessary for disposal of the leave petitions are that the petitioners claiming to be la...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Md. Kamaluddin and others.................Petitioners (In C.P. No. 1735 of 2005) Abdus Sattar and othe......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Mohammad Enayet Rabbi .................................Appellant Vs Sree Sree Shoti Rani Kundho and another........Respondents Judgment June 28, 2006 Lawyers Involved: ......have a decree for the partition of the suit land described in the schedule attached to the plaint upon allotment of separate saham of .19 acre of land, that the trial Court failed to appreciate the evidence on record and thereupon arrived at a wrong decision and dismissed the suit. 6...Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....sional jurisdiction and obtained the Rule. The High Court Division upon hearing made the Rule absolute. 5. Leave was granted to consider the submission that "considering the proven facts, circumstances and the evidence on record of the case, the learned Single Judge of the High C...... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the judgment and order dated 30.10.2001 passed by the High Court Division in Civil Revision No. 4207 of 1996.) ......ned the Rule. The High Court Division upon hearing made the Rule absolute. 5. Leave was granted to consider the submission that "considering the proven facts, circumstances and the evidence on record of the case, the learned Single Judge of the High Court Division due to its mis..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....d that on the death of Taleb Hossain plaintiff got 4 annas share in the property of Taleb Hossain and as such the courts below were in error in decreeing the suit on the aforesaid assertion of the facts and on the untenable plea and on the untenable ground that defendants were required to prove ......d without costs. Ed. ......Hossain's father Awlad Hossain died before her mother Zeon Bibi has not been established and as such plaintiff has right, title and interest in the land in suit, that the plaintiff by reliable evidence, both oral and documentary, has established her possession in the land in suit and t..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....urt has no jurisdiction to give such declaration, the learned Judge held. 7. Leave was granted to the plaintiff-appellant to consider whether the plaint was rejected upon misconception of the facts of the case and the provisions of Order VII rule 11 CPC also to consider whether the plaintiff......rted in: 42 DLR (AD) (1990) 244. ......ttorney of Md. Sirajul Huq fails and if he takes up the plea that he was otherwise "duly authorised" in terms of the Articles of Association of the Company to sign the plaint then this is a matter of evidence. It is absolutely premature to hold at this stage that the plaint was not signed by a duly ..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elected Chairman is without lawful authority. Consequently, the publication of the elect......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....the High Court Division refused to quash the proceeding pending against the appellants by the impugned order. Leave was granted to consider whether the High Court Division took a proper view of the facts and law involved in the case in rejecting the prayer for quashing of the proceeding. 4. The......d. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ......il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....tly constituted" and decreeing "the plaintiffs' suit, as amended" upon setting aside the judgment and decree of the Subordinate Judge, 3rd Court, Dhaka passed in Title Suit No. 269 of 1987. 2. The facts leading to these appeals are that one MA Naser, a Film Producer and Distributor in the then Ea......908 (IX of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understa......ars by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it, the learned Judges upon a consideration of the evidence adduced by the plaintiffs held that it was satisfactorily proved that MA Naser has not be..Category: Property Law | Date: | Hits: 95
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