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Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....te and the pre-emption allowed by the impugned judgment and order. 6. Leave was granted to consider whether the view taken by the learned judge of the High Court Division was correct in law and on facts found conÂcurrently by the courts below. 7. Mr. S.R. Pal, learned advocate for the appelÂ...... is also Reported in: 42 DLR (AD) (1990) 189. ......on before the High Court Division. The learned Single Judge observed in the impugned judgment thus: — "The courts below came to the finding that the pre-emptor petitioner waived his right on the evidence adduced by the opposite parties as to the conduct of the pre-emptor petitioner at the time ..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... respect of a confession by an accused person produced before a Court, taken in accordance with law and purporting to be signed by a Magistrate, we are of the view that having regard to the aforesaid facts noticed by the learned Judges it was at least injudicious to rely upon such confession without......AD) (1990) 186. ......upon confession without calling the magistrate as a witness. The accused have been denied the opportunity to cross examine the magistrate. In criminal trial the prosecution is obliged to establish by evidence that the crime has been committed. Commission of dacoity has not been proved by adducing ev..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......vision (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J The People's Republic of Bangladesh, represented by the Deputy CommissionÂer, Chandpur and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..…………â€......ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ..Category: Property Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180.......lant Atiur Rahman Munshi………………………….................Appellant Nurul Islam Sarkar....………………………….................Appellant Vs. Election Commission and others....…………………………….Respondents (In all the appeals) Judgment Nove......deciÂsion and accorded its approval to the proposed change, though the approval came after the election was over. In such circumstances, the approval may be safely taken as due approval. There is no evidence that by this change of polling stations voters were misled or they failed to cast their vot..Category: Election Law | Date: | Hits: 163
Atiqur Rahman and anÂother Vs. State, 1989, 18 CLC (AD)
.... The accused appellant did not take the plea of inadvertence during trial, in signing the documents, causing the offence. The accused while examined under section 342 of Cr.P.C, all the incriminating facts appearing in the evidence were put to him but no plea of inadvertence taken. So, the court was......ted in: 42 DLR (AD) (1990) 176. ......did not take the plea of inadvertence during trial, in signing the documents, causing the offence. The accused while examined under section 342 of Cr.P.C, all the incriminating facts appearing in the evidence were put to him but no plea of inadvertence taken. So, the court was justified in rejecting..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
....lt there was a scuffle between the parties and it was not known by whose blow the vicÂtims Nabiruddin and Abdul Gafur were killed. 6. The learned Additional Sessions Judge on consideration of the facts, circumstances and the eviÂdence on record, by judgment and order dated 1.4.86, found the app......de (XLV of 1860) Section 302 The appellant may have felt insulted having been suspected of theft by the informant but the response he made was beyond all proportion. He came with a predetermined and calculated intention to commit murder and with that end in view accosted the informant and his t......by the impugned judgment and order dated 15 February 1988 accepted the reference and dismissed the appeal. 8. It may be observed that the defence case as noticed above was disbelieved but upon the evidence of the P.Ws themselves it was proved that the appelÂlant and the informant were cousins (à..Category: Criminal Law | Date: | Hits: 65
Collector of Customs, Custom House, Chittagong and others Vs. A. Hannan, 1990, 19 CLC (AD)
.... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ......7. ...... the matter the opinion is that the appeal must be dismissed. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 167. ..Category: Fiscal/Taxation Law | Date: | Hits: 153
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....the assessee". In this view of the matter the appeals were disÂmissed. 5. The Revenue then made a reference under section 160 of the Income Tax Ordinance, 1984 on the points (i) whether on the facts and in the circumÂstances of the case, the learned Taxes Appellate TriÂbunal is justified in......nnot control the President’s Order No. 21 of 1973 in as much as President’s Order has achieved the status of constitutional legislation whereas section 60 of the Income Tax Act is a statutory law and as such no notification under such law can control the sub-constitutional legislation. In that v......ed and the decisions of the courts below are afÂfirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....gle Judge of the High Court Division, Dhaka in appeal was just and proper. In the view we have takÂen upon deliberation of the matter and in view of the order proposed to be passed, reference to the facts of the case will be advisedly brief and the discussion likewise. 2. The accused-appellant w......ment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing......ain of Tofazzal Trading at the instance of the interested Bank Officials. 5. At the trial 8 witnesses were examined by the prosecution and a number of documents proved. Upon a consideration of the evidence on record and the circumstances of the case, the learned Special Judge convicted and senten..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
.... though the stay of exeÂcution of the decree appealed against pending dispoÂsal of the appeal is a matter of discretion of the court this discretion should be exercised on proper considÂeration of facts including balance of convenience and avoidance of multiplicity of litigation likely to arise i......of the High Court Division is modifie. The Code of Civil Procedure, 1908 (V of 1908), Order XLI, rule 5 Out of the decretal amount Tk. One lac is to be paid to the respondent within two months and the respondent shall furnish security to refund of the amount whenever required and in such mann......g with profit at the rate of 3%, within six months, but on the expiry of this period the amount was not repaid in spite of repeated takids. The transaction of loan was denied by the appellant, but on evidence the trial Court decreed the suit for this amount along with interest. The decree has been c..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......ents Judgment February 15,1990. Result: The appeal is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, ......ent of title was uncalled for in a suit for partition where the plaintiff’s claim of title is to be looked into incidentally. If the precise title to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of gr..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and OthÂers, 1989, 18 CLC (AD)
....he Returning Officer. But the main quesÂtion is whether at an intermediary stage of election Writ-jurisdiction of the High Court Division is at all available, particularly when disputed questions of facts are involved. We have already answered this question in a number of group cases that Writ juri......nt: Badrul Haider Chowdhury J Shahabuddin AhÂmed J MH RahÂman J ATM Afzal J Zaker Hossain………………………................................Appellant Vs. Abdur Rahim and OthÂers.....……………………………...Respondents Judgment March 19, 1989. ...... available by way of election petition before the Tribunal. In the circumÂstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
.... absorbtion in the revenue budget and as such the High Court Division made the rule absolutes in writ petition Nos. 1186 of 2004 and 6591 of 2004. 18. He further submits that considering the facts and circumstances and the judgment passed by the High Court Division in the aforesaid two wr......os.2-133(In Civil Petition No. 990 of 2005). Not represented-Respondent Nos. 2, 5-7 10-13, 15-19, 22-113 (In Civil Petition No. 58 of 2005). Civil Petition for leave to Appeal No. 989 and 990 of 2005 (From the Judgment and Order dated 10.05.2005 passed by the High Court Divis......intain status-quo in respect of appointment till disposal of the appeals. The petitioners are directed to make the appeals ready for expeditious hearing within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......im J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Divisional Forest Officer, Dhaka Forest Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
....ecember 2004 passed by a Division Bench of the High Court Division in Writ Petition No. 2709 of 2003 allowing an application of the respondent No.53 and thereby discharging the Rule. 2. The facts, in short, are that the petitioner along with two others filed writ petition No.2709 of 2003 ...... Chowdhury J Md. Sarwar..............................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judgment May 24, 2005. Lawyers Involved: M...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....land of sandalpur, the lands in dispute are in the name of Izzatullah Chowdhury and the same are "more dependable than the dakhilas produced by the plaintiffs in their names", that in the facts and circumstances of the case it can reasonably be held that Izzatullah Chowdhury never inte......: 61 DLR (AD) (2009) 133; ......ing the real dispute as to title", that the question of custody of the original document with plaintiff No.2 "does not help me very much in determining the real title" since from the evidence on record it is seen that P.W.2's position in the house of Izzatullah Chowdhury "was ..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....ing of Criminal Miscellaneous Case No. 5462 of 2002 with some observations and directions upon the learned Judge of the Nari-O-Shishu Nirjatan Daman Tribunal (in short the Tribunal). 2. The facts, in brief, leading to the leave petition are that one Nilufar Hasnat lodged a First Informati......e, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 93 of 2004 (From the Judgment and Order dated 23. 08. 2004 passed by the High Court Division in Criminal Miscellaneous Case No. 5......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ...... Md. Tafazzul Islam J Amirul Kabir Chowdhury J Miah Mojibur Rahman……………….Petitioner Vs. Khondoker Nazmul Haque (Chiru) and others………………Respondents Judgment Decemb......of the Code of Criminal Procedure in a lump and further nowhere in the deposition it has been stated that the accused respondent caused the injury for the non-payment of dowry and the incriminating evidence of the P.Ws. has not been drawn to his notice which shows that the accused respondent was..Category: Procedural Law | Date: | Hits: 100
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....hury J. - This appeal by leave is directed against the judgment and order dated 05.08.2002 passed by the High Court Division in Criminal Appeal No. 2381 of 1998 dismissing the appeal. 2. The facts, in short, are that one Md. Abdul Aziz on 05.01.1995 lodged First Information Report with Loh......llate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Sirajul Islam and others……………………….Petitioners ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 42
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ...... M.A. Aziz J Amirul Kabir Chowdhury J Md. Abdur Rahman Sikder………………………..Petitioners Vs. Nur Mohammad Khan and others…………….Respondent Judgment March 12, 200......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 70
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