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Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
.... the High Court Division in First Appeal No. 68 of 2002 affirming the judgment and decree dated 23.11.2001 passed by the Joint District Judge, 5th Court, Dhaka in Title Suit No.135 of 1997. 2. The facts, in short, are that the predecessor-in-interest of the respondent Nos.1 to 8 instituted the Ti...... Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyers Involved: Rafique-Ul-Hu...... decree of the trial court and also held that having full knowledge that exhibit-Kha-dated 31.05.1917 was a forged document, D.W.1 Abdul Awal Minto on behalf of the defendant No.14 gave the deed into evidence and thereby committed serious offence making him liable for prosecution under Section 195(1..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....o appeal is directed against the judgment and order dated 15.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.3857 of 1998 making the Rule absolute. 2. Short facts are that the petitioner instituted Title Suit No. 12 of 1994 in the Court of Senior Assistant......hammad Miah......................Petitioner Vs Atiar Rahman Miah................Respondent Judgment February 11, 2004 Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate instructed by Mohd. Nawab Ali, Advocate-on-Record- For the Petitioner Not re......n record came to the conclusion that under section 47 of the Registration Act, a registered document takes effect from, the date of its execution and not from the date of registration. There is no evidence on record that the document executed on 29.09.1986 and registered on 16.10.1986 is an anted..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
....n reversing the judgment and decree passed by learned Assistant Judge, Chougancha, District-Jessore in Title Suit No.57 of 1987(subsequently re-numbered as Title Suit No.4 of 1994). 2. Short facts are that the petitioners as plaintiffs filed Title Suit No.57 of 1987 in the Court of the lea......ngly, the leave petition is dismissed. Ed. ......landlord and subsequently to Government. The S.A. Khatian was correctly prepared in his name. So, the suit was liable to be dismissed. The trial court on consideration of both documentary and oral evidence adduced by the parties decreed the suit by judgment and decree dated 04.02.1995. On appeal..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....n the self-same fact and disposed of by the same judgment by the High Court Division, and have been taken up together for hearing and accordingly, disposed of by this single judgment. 2. The facts relevant for disposal of these appeals are as under:- The said applications were filed...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Md. Fazlul Haque J Abdul Mohit and others ....................................Appellants (In Civil Appeal No. 93 of 2002). ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
....ion and Tenancy Act, 1951. 9. Mr. Bhuiyan could not produce any gazette notification sowing that no compensation assessment roll was prepared in respect of the suit land. 10. From the facts and circumstances of the case, we are of the view that the plaintiff- petitioners could not m......sion (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J. Md. Nurul Islam Bhuiyan and another..... ...........Petitioners vs The Government of Bangladesh represented by...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Shaheb Ali Akunji & others ..............Respondents Judgment April 26, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of facts arrived at by the courts below cannot be disturbed unless there is non-reading, misreading, m......DLR (AD) (2008) 14. ......1908 (V of 1908), Section 115 Concurrent finding of facts arrived at by the courts below cannot be disturbed unless there is non-reading, misreading, misconstruction or misappropriation of evidence on record. …………….(19 and 20) The Specific Relief ..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents Judgment January 24, 2007. The Constitution of...... the above cancellation, Rustom Ali had no right to execute and register any kabala in favour of the plaintiff. 6. We are of the view the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The learned Counsel could not ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....appeal by leave is directed against the judgment and order dated 7-9-1997 passed by a Division Bench of the High Court Division in Writ Petition No. 939 of 1997 making the Rule absolute. 2. Short facts are that the writ petitioner filed the above mentioned writ petition for release of 6.42 acres...... DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....t to form an association, the nature and extent of restrictions that may be imposed on the exercise of such right, and the scope of judicial review of the reasonableness of such restrictions, but the facts of those cases, noted above, are so different from the instant case that they should not det......J Mustafa Kamal J Latifur Rahman J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. Result: The ap...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
.... in that connection made the observation as already quoted. 8. In the instant case, though the learned Single Judge referred to this observation of the Privy Council, he did not enter into the facts of that case vis-a-vis the facts of the instant case in order to see whether jurisdiction of t...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Rafiqul Alam (Md)..………………………………………......................Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment Febr......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....gh Court Division had misappreciated the rulings cited before them. The simple question has been complicated by citing unnecessary citation of decisions which have no manner of application in the facts and circumstances of the present case. 17. The basic fact is that Sarat Kumar Kanungoo ente......Reported in: 42 DLR (AD) (1990) 133. ......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ospital for better treatment but she died there on 10 December 1983. In due course, the Investigating Officer, on consideration of the report of the autopsy held on the dead body of Mahmuda and other facts and circumstances of the case submitted charge sheet against the appellant who was then put on...... Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for con......s dismissed. The Evidence Act (I of 1872) Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....terest in the properties in question. The death certificate was obtained long after the death of Syed Mojibur Rob. The succession certificate was obtained by the appellant on misrepresentation of facts by abusing the process of the Court. That Syed Mojibur Rob left Bangladesh during the libera......ury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Dr. Syed Matiur Rob being dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October ......t that the appellant is the only son and heir of the original owner, by the owner himself and such assertion not being made before the magistrate or an affidavit commissioner, in absence of any other evidence to the contrary the court will not accept any such declaration without examining at least o..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....the plaintiff respondent stating, inter alia, that the, application under Order 7, Rule 11 was not, maintainable and that there being no material in the application of the defendant disclosing the facts and circumstances or taw for rejection of the plaint the said application was liable to be re......; Sufia Khatun, Advocate-on Record - For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.67 of 2004 (From the judgment and order dated 16.11.2002 passed by the High Court Division in Civil Revision No.1816 of 2002.) ...... Order 7, Rule, 14 of the Code of Civil Procedure, 1908 us quote the same which is as follows:- “14. (1) Where a plaintiff relies upon documents in his possession or power as evidence in support of his claims, he shall produce them in Court when the plaint is presented and..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
.... leave is directed against the judgment and order dated 28.05.2003 passed by a Single Bench of the High Court Division in Civil Revision No. 5090 of 2002 making the Rule absolute. 2. Short facts are that the predecessors of the plaintiffs instituted Title Suit No. 73 of 1976 in the 1st C...... Vs. Robeya Begum & others………………Respondents Judgment August 24, 2006 Cases Referred To- Shah Newaz Ebne Mustaque and others Vs. Shah Alam and others, 55 DLR (AD) 69; Baburam Lal and another vs. Debdas Lola, AIR 1......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....retary, Ministry of Works (herein Respondent No.1) filed appeal accompanied by an application for condonation of delay of 207 days. The appellate Court heard both the parties and upon considering the facts and circumstances in the background of which delay of 207 days occurred by the order dated May......ar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- Ata Ull......ourts therefore have to be informed with the spirit and philosophy of the provision in the course of the interpretation of the expression "sufficient cause". So also the same approach has to be evidenced in its application to matters at hand with the end in view to do even-handed justice on ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....rial Court with costs. 10. It was argued on behalf of the plaintiff- appellants in the High Court Division that the aforesaid decision 38 DLR (AD) 97 has no manner of application in the facts and circumstances of the present case as that was a decision in an S.C.C. suit, whereas ......ulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder....................Appellant (In Civil Appeal No. 49 of 1995) Narash Chandra Bhattacharjee.....Appellant (In Civil Appeal No. 50 of 1995) Hari Sankar Chowdhury..........paragraph 4 of their plaint. It has already been noticed that this plea of eviction by title paramount was argued neither in the trial Court nor in the High Court Division. We have gone through the evidence of P.Ws.1-5 and found absolutely nothing therein to support the plaintiffs' case in the p..Category: Property Law | Date: | Hits: 106
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....ment and order dated 09.04.2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 473 of 2002 dismissing the appeal so far as it relates to the petitioner. 2. The facts leading to the leave petition, in short, are that one Champa Khatoon (15), dumb daughter......e instructed by A.K.M. Shahidul Huq, Advocate-on- Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 137 of 2003 (From the Judgment and Order dated 9.04.2003 passed by the High Court Division Criminal Appeal No. 473 of 2002) ......on Ain, 2000, in short, the Act. The case thereafter being sent for trial, the Trial Court framed charge against the accused under Section 9(1) read with Section 30 of the Act and after recording evidence convicted both the accused under Section 9(1) of the Act and sentenced each of them t..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
.... to appeal against the judgment and order dated 09.08.2003 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 1761 of 2001 discharging the Rule. 2. The facts, in brief, are that the respondent No.1 as complainant lodged a petition of complaint against......resent: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Selim A Khan……………..Petitioner Vs Md. Harun Malik and another.....................Respondent Judgment January 2, 2005. Lawyers I...... a legal bar against institution or continuance of the proceeding is apparently visible or the complaint, even if accepted in their entirety, do not constitute any offence and if there is no legal evidence. In the instant case question of considering the third consideration as to legal evidence ..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......, instructed by Mrs. Sufia Khatun, Advocate-on-Record-Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 362 of 2005 (From the Judgment and Order dated 21.06.2005 passed by the High Court Division in Criminal Appeal No. 1716 of 1994) ......tion. Mr. Abdul Malek, learned Counsel appearing for the petitioner has taken us through the impugned judgment. 6. He submits, inter-alia, that the trial court did not consider the evidence of P.Ws. 5, 7 and 14 who being declared as hostile witnesses made material statements pro..Category: Criminal Law | Date: | Hits: 52
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