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Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....tition seeking leave to appeal against the judgment and order dated 20.10.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 470 of 2000 discharging the rule. 2. Short facts as disclosed in the petitioner are that the first party Cyma Zarrar claiming to be owner of t......esent: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Fazlul Kader Chowdhury..................Petitioner Vs. Cyma Zarrar and another……………...Respondents Judgement January 3......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
....victim girl and the accused respondent in a very intimate position were also shown to the victim girl in her cross-examination which she did not deny. The High Court Division after considering the facts and circumstances and materials on record observed: "The evidence as adduced......al, instructed by Md. Sajjadul Huq, Advocate- on-Record-For the Petitioner Not Represented-Respondent. Criminal Petition for Leave to Appeal No. 207 of 2003. (From the Judgment and Order dated 03.08.2003 passed by the High Court Division in Jail Appeal No. 368 of 2003) ......han, learned Additional Attorney General submits, inter alia, that the High Court Division committed error in acquitting the accused respondent of the charge leveled against him disregarding cogent evidence on the basis of which the trial Court passed the order of conviction. 5. He further..Category: Criminal Law | Date: | Hits: 34
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....e under Sections 420/468/471 of the Penal Code and as such the instant criminal proceeding against the petitioner is liable to be quashed and that the learned Magistrate disregarding the facts and circumstances of the case and law illegally framed charge against the accused petitioner ...... Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 205 of 2003 (From the Judgment and Order dated 02.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No.7081......irst Information Report we are unable to agree with the learned Counsel that the allegations do not constitute any penal offence against the accused petitioner. The trial Court after recording evidence shall be at liberty to come to a conclusion as to innocence or otherwise of the accus..Category: Criminal Law | Date: | Hits: 57
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... seeks leave to appeal against the judgment and order dated 19.11.2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 3105 of 2003 dismissing the appeal. 2.The facts leading to the leave petition in brief are that the respondent No.1 Md. Halim Uddin lodged a ......azlul Karim J Amirul Kabir Chowdhury J Md. Harun-or-Rashid @ Harun………………………Petitioner Vs. Md. Halim Uddin and another…………………………Responden......an Bishesh Adalat the said court took cognizance and the trial of the case started. The prosecution already examined one witness and the Tribunal summoned other witnesses' for recording their evidence. 3. The Petitioner filed application for bail before the Tribunal on 14.10.2002 whi..Category: Criminal Law | Date: | Hits: 41
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....es and regulation. 6. In revision a learned Single Judge of the High Court Division found that the plaintiff had acquired no title to the land, that the two orders were not applicable to the facts of the present case and that the cancellation of settlement of the plaintiff by applying......; Not represented- Respondent Nos. 2-6. Civil Appeal No.73 of 1998 (From the judgment and order dated 4 June 1996 passed by the High Court Division in Civil Revision No.3283 of 1991 (Dh...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
.... Cell nor the plaintiff-respondent informed the appellant before 17-2-82 that the suit building stood released in favour of the plaintiff-respondent. The High Court Division did not consider these facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a......onzur Murshed .............................Appellant Vs Humayun Majid ..............................Respondent Judgment January15, 1995. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-......ellant that the suit building has been released in his favour from 26-11-81 requiring the appellant to make payment of rent not to the Abandoned Property Cell but to the plaintiff. There is also no evidence on record that before 17-2-82 any official communication was addressed to the appella..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....e Court was in error in holding that the plaintiffs are not in possession of the land over 60 years since Ext.1 clearly shows that the plaintiffs are in possession of the land since 1917, that in the facts and circumstances of the case plaintiffs were not required to prove their possession of th......Amin J Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jamalpur............................Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. Result: The appeal is al......4. The trial Court decreed the suit on the findings that the suit is not barred by limitation and the same is maintainable, that the plaintiffs have proved the Amalnama and the rent receipts by the evidence of P.W.4, that Ext. 3 (certified copy of the kabuliyat) lends support to the plaintiffs' cl..Category: Property Law | Date: | Hits: 42
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....a in question is forged and fraudulent. 10. The learned Counsel for the appellant took us through the judgment of the High Court Division and the courts below. In the background of the facts and circumstances of the case and the findings made by the last Court of fact as well as by t......Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Aslam Khan .................Appellant Vs Haji Abdur Rahim and others .........Respondents Judgment June 18, 2006. Cases Referred to- ......t is not barred by limitation that the suit is quite maintainable as per provision of section 42 of the Specific Relief Act, that the plaintiff proved his possession in the land in suit by his evidence as well as by the evidence of P.Ws.2-6, that the defendant has not proved that the plaint..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....tely misconceived manner and even without noticing a palpable fact on record causing miscarriage of justice. The impugned judgment is therefore wholly unsustainable. Now I proceed to the facts of the case. 2.The plaintiff respondent brought Title Suit No. 465 of 1984 in the Cour......M. Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. Vs. Md. Idris Ali Ako......appeal before the Subordinate Judge the plaintiff filed a Government order dated 9.2.1988 confirming its decision to reinstate the plaintiff in his former post which was accepted as additional evidence and marked Ext.19. The learned Subordinate Judge, however, took no notice of it and dismi..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....rieved by the said activities of the respondent in the manner as stated above 'served a legal notice upon the respondents on 06.05.2001 through Mr. Shah Mohd. Ahsanur Rahman, Advocate stating all the facts and circumstances and requested them to cancel/rescind the unlawful decision in respect of t......ound in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....3. Moreover, the writ petitioner did not challenge the acquisition of the property in L.A. Case No. 16 of 1959-60. 14. It is needless to mention here that a writ petition is maintainable where the facts are undisputed. In the instant case the facts of the writ petition do not appear to be undis......………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. having its office at Tikatuly & others ……………………Respo......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
....adh mochon hoyna.” 7. From the above, it was therefore a case of temporary defalcation. It is a serious offence nevertheless. However, he ends of justice, we think, will be met in the facts and circumstances of the case if the sentence of fine of each of the accused-appellant i......e Division (Criminal) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Sekander Ali Howlader and others.........Accused-Appellant (In Criminal Appeal No. 4 of 1997) ......e circumstances of the case it will not be unreasonable to show a little more compassion and exonerate the accused from suffering the remaining part of their sentence. 6. It appears from the evidence of the Investigating Officer that the accused had deposited TK. 17,500/- in the name of t..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....record to dislodge the findings of the courts below. 11. In this view of the matter we find that the judgment and order of conviction of the appellant cannot be interfered. 12. In the facts and circumstances we are however, of the view that the ends of justice would be met if the se...... August 1, 2006 Lawyers Involved: Shamsul Huda Manik, Advocate instructed by Md. A/tab Hossain, Advocate-on-Record-For the Appellant Golam Kibria, Deputy Attorney General, (Khandker Gulzar Hossain, Deputy Attorney General with him) instructed by Mrs. Sufia Khatun, Advocate-......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....ivision Bench of the High Court Division in Criminal Miscellaneous Case No. 6199 of 2003 rejecting summarily the application under Section 561A of the Code of Criminal Procedure. 2. The facts, in short are that on 22.04.1999 accused petitioner Zakir Hossain was found in possession of ......J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent Judgment November 16, 2005. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner ......ere being no other legal remedy available to the petitioner, he invoked the jurisdiction under Section 561A of the Code. 4. He thereafter submits that the case being a case of no evidence the High Court Division ought to have interfered and quashed the judgment of the tria..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......cted by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-For the Respondent. Criminal Petition For Lave of Appeal No. 4 of 2004 (From the Judgment and Order dated 22nd October 2003 passed by the High Court Division, in Criminal Revision No. 1185 ......ation and scuffling between the brothers and under the mandatory provision of section 265(1)(3) of the Code of Criminal Procedure the accused petitioner as of right could require the witnesses and evidence examined after their examination under section 342 of the Code of Criminal Procedure inasm..Category: Criminal Law | Date: | Hits: 51
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....by leave is directed against the judgment and order dated 29.05.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 133 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner joined the service of Bangladesh Shipping Corporation (shortly B...... Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved: ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....e, (now Joint District Judge) in deciding the appeal arrived at a positive finding to the effect:- "-----Accordingly I am of the opinion that the learned Munsif totally misconceived the facts as well as related provisions of law to the present case and as such illegally dismisse...... Ed. ......order passed in Miscellaneous Case No. 873 of 1969 under section 143A of the State Acquisition and Tenancy Act and in Miscellaneous Appeal No. 9 of 1972 operate as res judicate and that there is no evidence to prove conclusively that the plaintiff got the land by oral gift from her mother and it..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.... This appeal by leave is directed against the judgment and order dated 14.03.2000 passed by the High Court Division in Writ Petition No. 2871 of 1999 making the rule absolute in part. 2. The facts, in brief, leading to the appeal are that the respondent, Bangladesh Secretary for the enforc......ourt Appellate Division (Civil) Present: Syed J.R.Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Ba......tion. Referring to the findings of the High Court Division the learned Additional Attorney General submits that the allegations made by the writ petitioner being not corroborated by any cogent evidence and there being allegations of the writ petitioner about alleged harassment and intimidati..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
.... to an end. Secondly, the view of the appellant court that when the possessory right was transferred that does not debar the landlord from getting a decree for ejectment is wholly misconceived in the facts and circumstances of the case, it may be noted that the landlord is entitled to possession o...... Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. Lawyers Involved: Mahb......t Division in reversing the judgment of the appellate Court below did not address itself at all to the said aspect of the matter. It has been submitted by the learned Counsel for the appellant that evidence having been on record that the defendant by his activities causing disturbance and annoyanc..Category: Tenancy Law | Date: | Hits: 180
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....rbally to refrain from objectionable activities but he without paying any heed to the direction of the College authority continued his unauthorised activities and in the said background of the facts and circumstances the College authority served show cause notice on the plaintiff and he rep...... Ed. ......ged the Rule on the findings that the suit as framed against the defendants is quite maintainable and that allegations brought against the plaintiff "have not been proved by any corroborative evidence" and finally the High Court Division observed that there was no error of law or failu..Category: Employment/Service Law | Date: | Hits: 113
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