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Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......tafa, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Respondent-Respondent Criminal Petition for leave to Appeal No. 130 of 2003 (From Judgment and Order dated 7th May. 2003 passed by the High Court Division in Criminal Revision No. 1156 of 2...... Court Division. 4. Mr. Obaidur Rahman Mustafa, the learned counsel appearing for the accused petitioner submits that the trial Court passed the order of conviction only on the basis of the evidence of the informant and her mother and no other independent witnesses were examined and ..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......Court Appellate Division (Criminal) Present: K. M. Hasan C J Mohammad Fazlul Karim J Md. Hamidul Haque J Md.Tafazzul Islam J Samar Uddin and another...........................Petitioner Vs The State……&hellip......or the petitioners with the leave of Court, submits that neither the trial Court nor the High Court Division took into consideration the fact that there are major contradiction and omission in the evidence of all the witnesses and that the prosecution have failed to prove the time, manner and al..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ion Bench of the High Court Division in Death Reference No.22 of 1994 heard analogously with Criminal Appeal Nos. 2218, 2286, 2446 and 2532 of 1994 since a common question of law upon similar facts arose between the same parties. 2. The short facts, leading to this petition, are...... Deputy Attorney General, instructed by Md. Ataur Rahman Khan, Advocate-on- Record-For the Respondents (In Crl. A. No. 15-16/2001) Criminal Appeal No. 14-16 of 2001 (From the Judgment and Order dated 9th December, 1998 passed by the High Court Division in Death Reference No. 22 of ......ed charge sheet against the accused petitioners and other s under section 302/149 Penal Code. These appellants along with were charged under section 304/149 Penal Code and ultimately on taking evidence the trial court convicted and sentenced the appellants as aforesaid. Then the case record ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....be voluntary and true which was also corroborated by a few prosecution witnesses. Therefore, the High Court Division found nothing to differ from the findings and decisions of the trial Court. The facts and circumstances of the case combined with he evidence of the information P.W.1, P.W.3 ......r the Appellants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Appeal No.13 of 2002 (From the Judgment and Order dated 14th November, 2000 passed by the High Court Division, in Criminal Appeal No.772 o......e killed by Hashua and that the confessional statement was obtained by the police by torture which was neither true nor voluntary. 4. The learned Sessions Judge, Rajshahi discussed the evidence on record and considered the confessional statement of the accused-petitioner (Ext.3)..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......awyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed by the High Court Division in Criminal Appeal No. 557 of......black Indian alachi worth TK. 7,0007- and then those alachi were seized in presence of witnesses and that the defence cross-examined P.W 1 but failed to find out any contradiction in the evidence of P.W 1 and further P. W.2 Aminur Rahman, the proprietor of Amin Bakary, in examinat..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....ment for 10 (ten) years and to pay fine of Tk. 5,000/- (five thousand) each, in default, to suffer rigorous imprisonment for 3 (three) months more. The sentences to run concurrently. 2. The facts revealed in the leave petition, in short, are that the on 06.02.1984 one Shukur Ali, br...... Appellate Division (Criminal) Present Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Habibur Rahman alias Habu and others......................Petitioner Vs The State...............................No. 13 dated 09.04.1994 against the accused petitioners and others under Sections 302/34 and other Sections of the Penal Code. The case was sent for trial. The Sessions Judge, Kishoreganj recorded evidence witnesses and by judgment and order dated 30th 1 April 1985 acquitted the accused petition..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ...... Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State...........................Appellant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawye...... another. 3. The defence of the accused respondent was that of innocence and false implication. 4. The prosecution produced 17 witnesses while the defence did not adduce any evidence. The learned Sessions Judge, Narail by the judgment and order dated 26.11.1991 convicted ..Category: Criminal Law | Date: | Hits: 29
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....peal by leave is directed against the judgment and order dated 01.04.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 473 of 1981 discharging the Rule. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assist....... Ed. ......allenged the validity of the kabala dated 19.09.1969 in favour of the petitioner, the High Court Division erred in affirming the decree of the courts below. ii. Because in view of the evidence as to possession deposed by D.Ws. 2-5 corroborating the evidence of D.W.1 as to poss..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....arance and prayed for time, but the trial Court did not dispose of the application so filed seeking time and that took up the suit for ex-parte hearing and thereupon dismissed the suit. In the facts and circumstance of the case the appellate Court was of the view that defendant No.1 oug...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being de...... trial Court sent back the suit on remand to the trial Court for disposal afresh upon affording opportunity to the defendants to file written statement as well as to allow the parties to lead evidence, if so, chose by them. 2. The suit was filed stating, inter alia, that plaintiff's ..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....on fact and law, High Court Division disposed of the same by a common judgment. 2. The leave petitions under the circumstance are disposed of by this single judgment. 3. The facts leading to all the leave petitions more or less are Similar. It is averred that the res......rt Appellate Division (Civil) Present Syed J. R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Chairman, Board of Intermediate and Secondary Education, Jessore and others.......... Appellants (In all the cases) vs ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
.... Mannan and others vs. Kulada Ranjan Mowali and others reported in 31 DLR (AD) 195 the High Court Division as well as the Courts below erred in decreeing the suit mechanically in the absence of the facts or evidence before the Court as to the question whether the accretion took place or in o...... (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Pirojpur and others....................Appellants Vs. Md. Wazed Ali and others…&he......y making untrue statements in respect of the land in which plaintiffs have no right, title and interest. 5. The trial Court decreed the suit on the findings that plaintiffs by the evidence of competent witnesses have establish their claim in respect of the land in suit, that the..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....he plaintiff's case which was proved by reliable evidence, upon observing "Bamboo cultivation through the Bargadar is unknown and not in practical practice of this country. So, these facts can not be believed". The fact of bamboo plantation in the land in suit finds support f......0/- Ed. ......it by purchase from the successive heirs of Jitu Mondal. 5. The trial Court decreed the suit on the findings that plaintiff proved his case of possessing the land in suit by bargadar by the evidence of P.Ws. 2 and 3, that no 'Istafanama' as well as no 'Hukumnama' was filed to prove surren..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....dent the proceeding was also barred and as such the proceeding ought not to have been started against him and so he filed the writ petition legally and that the High Court Division considering the facts and circumstances came to a correct decision in making the rule absolute. 9. The learn......urt Appellate Division (Civil) Present: Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J The Chairman, Bangladesh Telephone and Telegraph Board, Telejogajog Bhaban, 37/E, Eskaton Garden Road, P. S: Ramna, Dhaka-1000..............paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....l by leave is directed against the judgment and decree dated 08.02.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 1608 of 1992 discharging the Rule. 2. Short facts are that the disputed property belonged to one Abdul Jalil who got the same by way of lease f...... (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Republic Works and Urban Development…………………….........Appell......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....ce there was no response the respondent had to invoke writ jurisdiction. The writ petitioner respondent in Civil Appeal No. 134 of 2002 filed Writ Petition No. 4490 of 1999 more or less on similar facts except that 8400 sheets of Hard Boards of similar si/e were imported by them from Thailand by......Ed. ......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....ve is directed against the judgment and order dated 12.04.1994 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 80 of 1992 dismissing the appeal. 2. Short facts are that the respondent No.1 was promoted to the post of deputy General Manager in the appell......ivil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Krishi Bank…….......Appellant Vs A.F.M. Farid Uddin and others .........Respondents Judgement: May 19, 2004. Lawyers Involved: ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....by leave is directed against the judgment and order dated 26.01.1995 passed by a Single Bench of the High Court Division in Civil Revision No. 3999 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Jud......llowed without any order as to costs. Ed. ......the suit and therefore that the High Court Division committed an error of law in setting aside the judgment of the court of appeal below without reversing the findings that there is no independent evidence that Basanta Kumar accepted the Kabuliayat executed by the plaintiffs and also erred in la..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....d 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellaneous Appeal No. 109 of 1996 with Civil Rule No. 215(F.M.) of 1996 allowing the appeal with cost. 2. Short facts are that the plaintiff-respondents who were employees of the Supreme Court of Bangladesh (Hig...... Judgment: M. M. Ruhul Amin J .- This appeal by leave is directed against the judgment and order dated 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellan...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....iable to refund the amount so taken as advance. 8. At the time of hearing of the case the Government produce the file before the AT and it was noticed by the AT that in the background of the facts relating to information given by the respondent in his application for passport as regard his......nd). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....h the plaintiffs was not within the scope of the power of disposal by the said authority. 13. The High Court Division has elaborately dealt with the proposition of law involved in the facts and circumstances of the case i.e., the promissory estoppel and since the Government has take...... Fazlul Karim J Md. Tafazzul Islam J Government of Bangladesh & Ors……...Appellants vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. ......d for. 6. Khandker Mahbubuddin Ahmed, the learned Counsel appearing for the plaintiff-respondents has however submitted that the Court of appeal below on discussion and consideration of the evidence on record both oral and documentary decreed the suit holding that the plaintiff-respondent..Category: Property Law | Date: | Hits: 41
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