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Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....iny and no consideration has been given to inherent absurdities or improbabilities of them, then the appellate Court's finding cannot claim sanctity. This Court, whose duty it is to see that complete justice is done to all parties, cannot but interfere in such situations………………(18) Ca......onsideration of evidence of 18 witnesses examined by the prosecution and 3 witnesses examined by the defence held by an order dated 19th March 1986, all the accused guilty of murder, convicted them accordingly, sentenced Abu Taher to death and others to transportation for life. On appeal, as wel......f 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to......t they had any enmity with the deceased, Zafar. They denied that Abdul Bari was a helpless old man requiring any help and protection from the deceased Zafar, as Abdul Bari had two sons, three sons-in-law, a faithful domestic servant Nura (PW 3) and Nuru's father Salam (PW 10) who was Abdul Bari's pr..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......ts, appears to be the manifest intention of the legislature that the accused-appellants, once released, will not have to face trial on the self-same allegations over and over again. Section 339C, according to him, was designed to prevent recurrence of fresh complaint and taking of cognizance afr......others.....................................Respondents Judgment June 19, 1990. The Code of Criminal Procedure, 1898 (V of 1898), sections 249, 339C (4) & 403 Words & Phrases It appears to the court that section 339C was enacted in order to inject a spirit of utmost expedition, speed a......ear from the language used in section 339C that it was the intention of the legislature to bid a farewell to the well-known concept of criminal jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......ower of suspension to his inherent or implied power, there cannot be any derogation from the natural right of an employee. But this natural right may be circumscribed by the rules of service framed according to law, which lay down the procedure for making such an order. The validity or propriety...... Chairman, Bangladesh Agricultural Development Corporation & ors ……..…………. Respondents Judgment August 31, 1977 Cases Referred to: Syed. Md. Sakk Vs. Bangladesh (1975)27 DLR 328; P. R. Nayek Vs Union of India, AIR 1972 (......sion to his inherent or implied power, there cannot be any derogation from the natural right of an employee. But this natural right may be circumscribed by the rules of service framed according to law, which lay down the procedure for making such an order. The validity or propriety of an order o..Category: Employment/Service Law | Date: | Hits: 79
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ......p; August 7, 2006. Cases Referred to- 35 DLR (AD) 216; 56 DLR (AD) 53; 25 DLR (SC) 90; 10 DLR (PC) 1; 43 DLR 18; 39 DLR (AD) 2......ot clear, the High Court Division was wrong in relying on the report of the learned Assistant Judge to the effect that the register of the Rent Suit No.1801 of 1952 was destroyed in accordance with law. It has also been submitted by the learned Counsel that as from the plaintiffs' side Exhi..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ...... Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by the High C......c performance of contract without service of summons on the defendants thereof, that the judgment of the appellate Court suffers from misreading of evidence and, as such, same is not sustainable in law. 6. We have heard the learned Advocate-on-Record and perused the materials in the petition fo..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....the earnest money and for return of the amount received as rent from the land in suit is not legally well founded and, as such, the relief so sought cannot be granted, that it will be consonant to justice if plaintiff is directed to return the earnest money to the defendants and thereupon would ......a and in the background of the said fact defendant No. 1 requested the plaintiff to register the kabala and although the plaintiff agreed to execute and register the kabala but finally did not act accordingly, that defendants served legal notice on the plaintiff and in reply thereto plaintiff di......n of the judgment of the High Court Division reads as follows: "In the result this appeal is allowed and the impugned judgment and decree are set aside. The appellant is directed to pay Taka 4, 00,000 together with 6% interest thereon from 28-4-93 to the respondent No.1 and th......ocument till the disposal of the suit, d) that the cost of the suit be decreed against the contesting defendant, e) that the plaintiffs be given any other relief or reliefs he is entitled to in law and equity". 6. As against the aforesaid reliefs the suit on compromise was dec..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......rds modified under section 46 of the Act, holding-wari rentrolls and Register II, and making such other enquiries as he considers necessary, direct excision of the fraudulent entry, and his act in according so being a ministerial act, shall not be open to appeal. At the same time, the Revenue Of......king declaration that the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdiction, 3. T......hen it is found that the plaintiff has no title to the suit land, the mutation of the suit land cannot stand in the name of the plaintiff. The lower appellate Court therefore committed an error of law in reversing the decision of the trial Court without considering the plaintiff's title to the s..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......diced. This consideration, which impelled the learned Subordinate Judge to refuse the amendment as has been referred to above, is absolutely irrelevant. The Court concerned shall have to find out, according to the terms of the rule, whether the proposed amendment is likely to facilitate the dete......lip;……..Respondents Judgment June 27, 1977. Lawyers Involved: Akram Hossain Amin, Advocate — For the Appellants. Sultan Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Hoda, Advo......f the Dacca Collectorate, that compensation for the said lands had been paid in part and the acquiring authority was entitled to possession thereof on payment of the compensation according to law, that in 1967 the Board of Revenue issued a notice purporting to cancel the recogni..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....ating that those papers having been admitted in evidence without due consideration to the objection raised by the learned Advocate on their behalf, it shows that the appellant would not get proper justice from the Tribunal and accordingly he prayed for stay of the proceeding by the Tribunal for ......g been admitted in evidence without due consideration to the objection raised by the learned Advocate on their behalf, it shows that the appellant would not get proper justice from the Tribunal and accordingly he prayed for stay of the proceeding by the Tribunal for enabling the appellant the mov......ter alia that the polling station was set up at a place which was under the control of the appellant and that the appellant entertained the Presiding Officers at his residence on the night previous to the date of election and that the Presiding Officers did not show empty ballot boxes to the pol......lection of the appellant void and declaring responded No. 2 duly elected Chairman of No. 18 Narayanganj (South) Union Parishad, under P.S. Matlab, District Comilla as have been passed without lawful authority and of no legal effect. 2. The election of the appellant was held on 13-1-77..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....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. ......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. ...... Baitul Mukarram…………..Appellant Vs. Taxation Officer and another……….Respondent Judgment June 2, 1977 Cases Referred to: Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44; Commissioner of Taxa...... of Statutes:— “Statutes imposing Burdens.- Statutes which impose pecuniary burdens, also, are subject to the same rule of strict construction. It is well settled rule of law that all charges upon the subject must be imposed by clear and unambiguous language, because i..Category: Fiscal/Taxation Law | Date: | Hits: 90
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....is submissions, he referred to the provision of Section 540 of the Code of Criminal Procedure and argued that the said provision gives wide power to the trial Court to recall witnesses for ends of justice and for fair trial in the event of refusal of recall of witnesses by the trial C......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......For the Petitioners. Mansur Habib, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passed by the H...... refusal of recall of witnesses by the trial Court, the accused petitioners have been highly prejudiced and the High Court Division having not considered this aspect committed an error of law in passing the impugned judgment which is liable to be set aside. 7. Mr. Mansur Habib, t..Category: Criminal Law | Date: | Hits: 41
Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)
....in their pay scale, they would be deprived of such opportunity though they also held similar position of the Chief Medical officer and as such it being contrary to principle of equity and justice required to be interfered. 5. The rule was contested by the present petitioners ......nd welfare department and medical department should be re-designated as chief personnel and welfare officer and chief medical officer respectively with pay scale of grade-V and a proposal was accordingly sent to the Government for approval of the proposal. But without complying with th......ers Md. Rafiqul Islam Mia, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-3 Not represented-Respondent Nos.4-6 Civil Petition for leave to Appeal No.742 of 2005 (From the Judgment and Order dated 01.03.2005 passed by the High Co...... Accounts officer respectively and performing their functions as the heads of each department and their services were regulated by Dock Workers (Regulation of Employment) Act 1980 and that the law was later replaced by the Dock Workers (Regulation of employment) Scheme 1983 and the Go..Category: Employment/Service Law | Date: | Hits: 88
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
....lso his joint Mutawallies, still he was not aware of the appeal, and as such, the learned appellate Judge committed an error of law in allowing the Miscellaneous Case which occasioned a failure of justice, as the respondent opposite party failed to prove that the notice was not duly served or th......ed "If a letter properly directed, containing a notice to quit, is proved to have been put into the post office, it is presumed that the letter reached its destination at the proper time according to the regular course of business of the post office, and was received by the person to w...... 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- Monomohan Roy Chowdhury Vs. Ajit Kamal Dutta, 6 DL......other and respondent No.3 who is his stepbrother, in Court who were also his joint Mutawallies, still he was not aware of the appeal, and as such, the learned appellate Judge committed an error of law in allowing the Miscellaneous Case which occasioned a failure of justice, as the respondent opp..Category: Trust/Waqf Law | Date: | Hits: 266
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....Court Division without legally adverting to the cogent findings arrived at by the lower appellate court set aside the same thereby causing prejudice to the plaintiff and thus occasioned failure of justice. 10. Mr. Abdul Wadud Bhuiyan learned Counsel appearing on behalf of the respond.......1 is her daughter while the defendant respondent No.2 is son-in-law and that the defendant respondent No.1 used to put pressure upon her to transfer some portion of the property in her favour and accordingly she agreed to transfer .08 acres of land by will in favour of the defendant respon......d Bhuiyan, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by the High C......measuring .47 acres of land and is an old woman of 83 years having two sons and three daughters and the defendant respondent No.1 is her daughter while the defendant respondent No.2 is son-in-law and that the defendant respondent No.1 used to put pressure upon her to transfer some portion o..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......of law in setting aside the judgment and order of the Chief Metropolitan Magistrate, Dhaka for further investigation. 9. In the aforesaid premises, we find substance in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. ..........................Appellant Vs A. K. M. Saiful Islam.......................Respondent Judgment November 21, 2005 Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md......e judgment and order of the High Court Division, the appellant has filed this petition for leave to appeal before this Division. Leave was granted to consider that the High Court Division erred in law setting aside the order of further investigation passed by the Chief Metropolitan Magistrate in..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....alia, that there being cogent evidence against the two respondents the High Court Division committed error of law in acquitting them misreading the evidence on record and thus occasioned failure of justice. 4. We have considered the submissions made by the learned Additional Attorney General. T......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: ...........Petitioner Vs. Ali Ahmed and other..........Respondents Judgment February 23, 2005. Result: The petition is dismissed. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General instructed by B. Hossain Advocate-on-Record-For the Petitioner. Not represented-R...... 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 them misreading the evidence on record and thus occasioned failure of justice. ..Category: Criminal Law | Date: | Hits: 43
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... the Evidence Act provides that when the terms of any contract, grant or other disposition of property or any other matter required by law to be reduced to the form of a document, have been proved according to the provision of Section 91 of the Evidence Act, no evidence of oral agreement or stat......ation that the deed of exchange dated March 21, 1993 is not a deed of exchange but a deed of sale. 2. It is the case of the plaintiff that the land in suit i.e. land of plot No. 61 belonged to Barkatulla Tarafder who transferred the same to his wife Ayesha Khatun. The plaintiff and his br......l below that the deed in question is a sale deed arrived at on the basis of oral evidence adduced on behalf of the plaintiff without any consideration of the limitation set by the said provision of law. 8. The plaintiff is not a party to the document (Ext.1) challenging the nature and char..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....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. ......esh Bank further informed the Ministry of Finance that on 02.01.1982 the Cabinet Committee in its meeting in principle decided to permit this new bank to been established in the private sector and accordingly on 06.01.1982 letter of intent was issued in favour of Proposed Sundarban Bank Internat......, the main Sponsor/ Chairman of Sundarban Bank International Ltd. (Proposed) challenging legality of the Memo No. BCD (P) 744/20-2074/91 dated 22nd December 1999, of the Bangladesh Bank (Annexure-Q to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed)...... writ petitioner, it did not create any legal right in his favour and as such the writ petition on its face was without legal foundation. The learned Judges of the High Court Division have erred in law in making the Rule absolute reviewing the earlier judgment of the High Court Division on the gr..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....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. ......taken above it is needless for us to dilate on the question raised by Mr. Rokanuddin Mahmood 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. ......din Mahmood, Senior Advocate (M.A. Tareq, Advocate with him) instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Appellant. (In C.A. Nos. 30 & 32 of 1999) Mahmudul Islam, Attorney General, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Appellant (In C....... 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 heard together. 2. C.A.No.32 of 1999 and C.A. No.33 of 1999-..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....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. ......acres of land in 14 mouzas of Rupgonj Police Station of the district of Narayangonj and. 61589. 8925 acres of land in two mouzas in question in Case No. 2/2000-2001, 3/2000-2001 and 7/2001-2002 and accordingly the Deputy Commissioner issued notice under Section 3 of the Ordinance 1982. It was fu......ndent No.5 (In both the cases) Not represented- Respondent Nos.1-4, 6-42 (In C.P. No. 1735 of 2005) Not represented- Respondent Nos.1-4, 6-45 (In C.P. No 50 of 2006) For Leave to Appeal No.1735 of 2005 (From the Judgment and order dated 31.08.2005 passed by the High ......ct and submits that the master plan so prepared by RAJUK and approved by the Government under Section 73 of the Act is binding both upon the requiring body and the acquiring body and it would be unlawful for anybody to use the land in any other way. 9. Elucidating the argument he refers t..Category: Property Law | Date: | Hits: 31
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