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Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... that Mr. Ahmed has based his argument not so much upon misreading of evidence, but on a wider canvass of omission to consider material evidence on record and failure to deduce legal inference from facts proved. 15. There is no written agreement of sale. The appellant has come out with a story ...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Al-haj Ahmed Hossain Khan.......……………………………....Appellant Vs. Rezaur Rahman and others....................................Respondents Judgment January 22, 1990. Resu......aintiff has produced not an agreement of sale but a receipt of earnest money, signed not by the owner but by her son. The basis of his suit is an oral agreement, not Ext. 4 which is only a supporting evidence. The defendants have no burden to prove their alternative story with regard to the creation..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....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. ......in J Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State......................Petitioner Vs Mofizuddin and other………………….Respondents Judgment ...... sentence of death and the condemned prisoners also preferred criminal appeal as aforesaid. 5. The High Court Division on consideration of the materials on record found that it is case of no evidence and the judgment and order of the conviction and sentence of accused Mofizuddin is not bas..Category: Criminal Law | Date: | Hits: 40
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ...... of 2003 Judgment: Md. Tafazzul Islam J.- This appeal by leave is against the judgment and order dated 10.12.2002 passed by a Division Bench of the High Court Division in Criminal Appea...... Hossain to cross-examine the P.Ws. Thereafter the court of Sessions, upon compliance of the direction of the High Court Division, allowed cross-examination and then having retried the case taking evidence afresh by judgment and order dated 17.11.1992 convicted the appellant under Section 302 of..Category: Criminal Law | Date: | Hits: 52
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ...... Judgment: M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and decree dated 25.02.2000 passed by a Single Bench of the High Court Division in 2nd Appeal No. 3...... provided under section 100 of the Code of Civil Procedure in setting aside the concurrent findings of the courts below without any finding that those were perverse or unreasonable or without any evidence. II. Because the High Court Division failed to notice a vital document, Ext. ..Category: Property Law | Date: | Hits: 35
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
....ppears to have been made without any lawful authority and is of no legal effect the same being based on surmises and conjectures. The learned Advocates for both the parties having regard to the facts of the case have agreed that the order of the taxes Settlement Commission is not legally sus......t: Mohammad Fazlul Karim J. –The Secretary. Internal Resources Division, Ministry of Finance and Chairman, National Board of Revenue, Dhaka along with others seek leave to appeal against the j......n allowed the application in part section 1.52E(2) of Income Tax Ordinance 1984 provides that when the application is allowed, the Commission is required to examine the relevant records and other evidence, if any, and the order of the Commission shall provide the terms of settlement. The afo..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....le tenants of the Waqf Estate. Suffice it to say the provision of section 64(1) of the Waqf Ordinance is applicable in respect of the persons as mentioned in the said section in the background of the facts and situations as have been stipulated therein and not in respect of the monthly ejectable ten...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Md. Yousuf & others…....Appellants Vs. Administrator of Waqf and others…….......Respondents Judgment June 20, 2005. Result: The appeal is allowed......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....eal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal sharers ......n-Record- For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No.......Tayebuddin Biswas was possessing the suit land. The contesting defendants are the heirs of Tayebuddin Biswas and they have been possessing the suit land for over 12 years. 4. Both parties adduced evidence both oral and documentary before the trial court and on consideration of the materials on r..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....by limitation cannot be accepted, Further it is stated that the date as has been given in paragraph 13 cannot be called the cause of action in its legal sense because cause of action is the bundle of facts as stated in the plaint. Having regarded to the pleadings and the evidence the suit was filed ......disprove plaintiff’s case. ......The contesting defendants went on appeal. The appellate Court dismissed the suit upon reversing the judgment and decree of the trial Court on the findings that plaintiff did not establish by reliable evidence that the deeds in the name of Ali Ahmed Khandker and Wali Mohammad Siddiqi were forged and ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
....ut jurisdiction inasmuch as, the said impugned order is based on non-consideration of all the material papers and documents including Annexures-J series and non-application of judicial mind to the facts of the case of the plaintiffs (petitioners) as made out in the plaints of the Title Suit No.2......azlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J M/s. Sonali Aansh Trading (Pvt.) Ltd & another…….....Petitioners Vs M/s Birla Tyres and others………………………...Respondents ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t to the serious peril of the interests of the appellant. 8. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate opposed the appeal contending, inter-alia, that the trial court considered the facts and circumstances and evidence on record including written statement of the contesting defend......missed. Ed. ......he interests of the appellant. 8. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate opposed the appeal contending, inter-alia, that the trial court considered the facts and circumstances and evidence on record including written statement of the contesting defendant who contested the suit. ..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....f the S.S.C. Certificate and Admit Card as any alteration or revision of the service record is not permissible. 6. We are of the view that the High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decisio...... Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J K.M. Shamsul Alam.................................Petitioner Vs Managing Committee, Police Line High School and others...Respondents Judgment June 22, 2005. Case Referred To- Bang...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....rejection of the former application and the Vacation Bench also has jurisdiction to grant ad-interim bail in such cases. The order of bail was obtained from the Vacation Bench on misrepresentation of facts and this fact being admitted by the learned advocate and also assurance given that no such rep......minal Appeal No. 13 of 1989 rejecting the prayer for bail of the appellants was considered with findings that further application for bail is not barred in case of rejection of the former application and the Vacation Bench also has jurisdiction to grant ad-interim bail in such cases. The order of ba......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ......CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J New Ideal Engineering Works Ltd………………………………….…....Petitioner Vs. Bangladesh Shilpa Bank and others.....................................Respondents Judgment May 21, 1990. Result: ......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....udgment ATM Afzal J. - This petition is from the judgment and order dated 6 June, 1989 passed by the High Court Division Dhaka discharging the Rule in Writ Petition No. 74 of 1989. 2. Material facts of the case, briefly, are that the petitioners acquired two cargo carrying vessels Fairtech I ......ted by Shamsul Hoque Siddique, Advocate-on-Record—For the Respondent No.1. Not Represented—Represented Nos. 2-3,5. Civil Petition for Leave to Appeal No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Petition No. 74 of 1989.......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....tion for leave to appeal is from the judgment and order dated 14 November, 1989 passed by the High Court Division, Dhaka making the rule absolute in Writ Petition No. 1701 of 1988. 2. Material facts of the case are that the respondent, who was a Superintending Engineer and working as Addi...... Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the ...... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....bmitted a report stating that there was in fact a serious disturbance created by some miscreants in the centre. The appellant contested the election petition. The tribunal on consideration of the facts and evidence of the case, by its judgment dated 22.8.89, declared the election of the appell...... (1957) QBD, Vol. 1, page 574(583); Azizul Huq Vs. S.M. Hanif, Ltd. 7 DLR 287; Phani Bhusan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Kokku Parthasaradhi Naidu Grau Vs. Chintlachervu Koteswara Rao Garu and another, ILR 47 Madras, 369; Phani Bhusan Sen Vs. Sanat Kumar Maitra, 40 CWN 124; Amir Sultan Vs......report stating that there was in fact a serious disturbance created by some miscreants in the centre. The appellant contested the election petition. The tribunal on consideration of the facts and evidence of the case, by its judgment dated 22.8.89, declared the election of the appellant void u..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....ed, the other brother of the deceased who also allegedly heard of the occurrence from the deceased, was merely tendered. PW 3 Nazrul Islam attested the dying declaration Ext. 1 and reproduced the facts in his evidence as stated therein. PW 4 a medical officer attached to Police Hospital, Khulna ......y fact or circumstance from, which it can be even remotely inferred that there was any reason whatever for which the appellant was likely to make an attempt on the life of the deceased. On the other hand, it appears that the appellant and the deceased were very friendly, they spent the day together ......he occurrence and nothing happened during the day which might have something to do with the alleged murder. In a case of this nature based only -upon the dying declaration there should have been some evidence of motive although motive may not be proved in cases of direct evidence or as an ingredient..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
.... a young man of 33 years, the ends of justice would be met if the sentence of imprisonment for life was awarded on him instead of death sentence. But the High Court Division opined that in the facts and circumstances of the case and the heinous nature of offence, the condemned prisoner ......nt: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference......lip;………………… 7. It is true there is no eye witnesses to the occurrence. The High Court Division it appears considering the circumstantial evidence of the case, the extra judicial confession and judicial confession of the condemned prison..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....n suit treating the same as vested property. It may be mentioned the case of the plaintiff as to possession of the land in suit is evasive one. The appellate Court on consideration of the facts and circumstances of the case held that although plaintiff claiming the land on the basis of ......on (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Rajshahi and others…………..Appellant Vs Md. Abdul Jabbar Sheikh&helli...... the suit making untrue statements as well as on the basis of manufactured papers and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit on the findings that no evidence has been lead from the defendants' side to discard the evidence produced from the plaintif..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....ous Case No.821 of 1995 quashing the proceeding of Joydebpur P.S. Case No. 34/610 dated 31.12.1994 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947. 2. Short facts are that one Md. Golam Mostafa, District Anti-Corruption Officer, Gazipur lodged first inform...... M. M. Ruhul Amin J Md. Tafazzul Islam J The State, represented by the Deputy Commissioner, Gazipur Vs. Mrs. Lailun Nahar Ekram, Managing Director, Engineer and Consultants (Bd) Ltd. (BCBL) Judgment January 17, ......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 74
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