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State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......witnesses produced in this case is a true witnesses of the occurrence" then the Court can very much rely on the evidence of such witnesses to find the person guilty of the charge offence. 28. The question of consideration of the witnesses who are interested, interrelated and partisan came up for......ting the respondents submitted that the High Court Division did not consider the evidence of P.Ws. 2 and 6, inmates of the hut wherein incident took place, the eye witnesses, in the background of the facts and circumstances of the case and the materials on record and the evidence of the said witness..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......) making the Rule absolute in Writ Petition No.7189 of 2005, also making the Rule absolute in Writ Petition No.7569 of 2005: and discharging the Rule in Writ Petition No.4078 of 2005. 2.The facts, in short, are that on an application under Article 102 of the Constitution in Writ Petition..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......02 rejecting the prayer for stay of the above orders dated 26.11.2002 and 28.11.2002, all passed by the learned Joint District Judge, 3rd Court, Dhaka in Title Suit No. 174 of 2002. 2. Brief facts are that the petitioner, as plaintiff, instituted the above suit on 6.11.2002 for declaration..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......ave to appeal is directed against the judgment and order dated 12.12.2006 passed by a Single Bench of the High Court Division in Civil Revision No. 2633 of 2004 making the Rule absolute. 2. Short facts are that the petitioner filed Election Petition Case No. 3 of 2003 in the Court of Assistant J..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......on given by her were examined by C.I.D. expert who submitted report to the effect that those thumb impression in deed and other thumb impression given on papers forwarded by Court are same, so the question of execution of sale deed was rightly presumed and proved but plaintiff filed objection ag......oid-ab-inito. The deeds have never affected the rights of the plaintiff. The plaintiff was, therefore, not required to seek any declaration either for setting aside or cancellation of them. In the facts of the case and the evidence, oral and documentary, on record the learned District Judge miss..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......eniority of the Senior Accountant and the Junior Accountant. The other contention i.e. Senior Accountants are in higher grade and the Junior Accountants are in lower grade is also of no merit since question involved in the instant case whether promotion given from the person who are Senior Accoun......ion reported in 2 BLD (AD) 16 and the decision in the aforesaid case is fully applicable in the instant case. The last contention of the learned Counsel is of no substance in the background of the facts of the case in that in the instant case there is no dispute as to the seniority of the Senior..Category: Administrative Law | Date: | Hits: 125
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......easonings assigned by the High Court Division for commuting the sentence of death to imprisonment for life are well founded and he has nothing to submit in this respect. 9. Therefore, in the facts and circumstances of the case and in view of the discussion made above, we are of the view th..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......r mother about the same occurrence; that the informant was in Chittagong at his service spot at that time and being informed about the occurrence came back home on 27-8-1998 and became aware of the facts in detail from his wife and other witnesses and he further learnt that the leading persons o..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......he deed into evidence and thereby committed serious offence making him liable for prosecution under Section 195(1) (c) read with Section 476 of the Code of Criminal Procedure and directed the deed in question to be impounded and also directed the Registrar to take the document in his custody and sen...... 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..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......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..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......t Division discharged the Rule. 4. We have heard Mr. AKM Shahidul Huq, the learned Advocate-on-Record for the petitioner and perused the connected papers. 5. In our view the pertinent question for consideration in this matter is whether the oral gift made by Bodiullah in favour of ......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..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....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. ......iance of section 95 of the Companies Act, 1994 to enable the appellants to attend the meeting of the Board of Directors of the respondent no. 1 Social Investment Bank Ltd. The appeals involve same question of law on the self-same fact and disposed of by the same judgment by the High Court Divisi......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..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... 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. ...... 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. ......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..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... whose knowledge the facts as to whether he has paid and whether he had notice of the original contract lie, and the provisions of section 103 and 106, Evidence Act, 1872, have a bearing on the question." 13. In Shankarlal Narayandas Mundade’s case the Privy Council ob...... 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..Category: Property Law | Date: | Hits: 41
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... 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. ......en the same had already stood acquired, that the Additional Chief Engineer, Roads and HighÂways Department, Dhaka Zone in the affidavit-in-opposition had asserted that they still require the land in question in connection with maintenance of the bridge and the approach road, that having regard to t......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..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......tion. In discharging the Rule issued in the appellant's Writ Petition No. 349 of 1989 by its judgment dated 29.8.1989 the High Court Division gave a certificate that the matter involved a substantial question of law as to the interpretation of the Constitution, particularly Article 38 thereof. 2.......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, notÂed above, are so different from the instant case that they should not det..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested elecÂtion 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.......ppeal No. 82 of 1989. (From the judgment and order dated 6.8.89 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 196 of 1988). Judgment Shahabuddin Ahmed CJ. - The question raised in this appeal by special leave is whether a civil suit is maintainable over an elec...... in that connecÂtion made the observation as already quoted. 8. In the instant case, though the learned SinÂgle 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..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....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. ......t of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding brought by the appellant of the will left by the deceased. The question is whether she is entitled to citations within the meaning of section 283 of the Act. The p......gh Court Division had misappreciated the rulÂings cited before them. The simple question has been complicated by citing unnecessary citation of deciÂsions 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..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ...... even without corroboration. A dying declaration may be recorded by any person who is available and it may be written or it may be verbal; it may also be indicated by signs and gestures, in answer to questions, if the person making it is not in a position to speak. There is no requirement of law tha......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..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......on in 1955 and from then on he served in various instiÂtutions and hospitals in this country. He inherited all the properties of his father, but the respondents illeÂgally treated two properties in question as abandoned properties under Bangladesh Abandoned Property (Control, Management & Disp......terest in the properties in question. The death cerÂtificate was obtained long after the death of Syed Mojibur Rob. The succession certificate was obÂtained by the appellant on misrepresentation of facts by abusing the process of the Court. That Syed MojÂibur Rob left Bangladesh during the libera..Category: Property Law | Date: | Hits: 32
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