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Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....pugned judgment of the High Court Division, submitted that the Courts below failed to asses the evidence of the prosecution case in its true perspective and as such there has been gross failure of justice because of the fact the impugned judgment going against the evidence on record which has se......came out when P.W. 1 and his two other brothers, P.Ws. 2 and 3 took him straight to Hospital, Khulna from there (101/1) Haji Mohsin Road, Abu Khan Lane (the house of the decease), in to her words, according to F.I.R. occurrence took place within the house of the deceased, the alleged dying state...... August 12, 2003. Lawyers Involved: Mujubur Rahman, Senior Advocate, instructed by Md. Nawab AH, Advocate-on- Record-For the Appellants (In all cases) Borhanuddin, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate- On-Record -For the Respondent. (In Crl. A...... passed by a Division 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 ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ainable in law and as such it is liable to be set aside. 7. Mr. M. A. Rouf, the learned Deputy Attorney General, however, supported the impugned judgment of the High Court Division, which is according to him legal. The learned Deputy Attorney General also contended that there is no eye wit......a @ Isphil..........Appellant vs The State………………………………….Respondent Judgment October 20, 2003 Lawyers Involved: Khondoker Mahbub Hossain Senior Advocate, instructe......d that at night the informant slept with his two sons and woke up in following morning, took breakfast along with his two sons and after breakfast sent his younger son Raihan to his father in law's house with some used cloths for washing and went to school leaving his eldest son Tauhidur Ra..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. ......roved the prosecution case, and corroborated evidence of P.Ws. 1-3 and further A. S. I. Nuruzzaman as P.W 5 deposed that on completion of the investigation he found a prima facie case and accordingly submitted charge sheet against the accused petitioners and he produced the relevant do...... Judgment February 25, 2004. Lawyers 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 Hi......r the judgment and order passed by the High Court Division can not be sustained. Mr. Nawab Ali lastly submits that this case was heard by the High Court Division without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for ..Category: Criminal Law | Date: | Hits: 29
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....defendant No.1. The said Court on overall consideration of the facts and circumstances of the case and the submissions made by the Respondent's Advocate arrived at the finding that for the sake of justice defendants should be given opportunity to-contest the suit and thereupon set aside the......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...............................Appellants. vs Sree Subas Chandra Sarker being dead his heirs: Indira Rani Sarker.....Respondent Judgment April 6, 2006. Cases Referred to- Perusal Rani Sen Gupta Vs. Bangladesh (1983) 3 BLD(AD) 277; Bangladesh, represented......led to prove his title and possession in the land in suit and that the suit was a malafide one and the said finding having not been reversed by the appellate Court, the High Court Division erred in law in decreeing the suit, that the trial court having disbelieved the alleged deed of gift and the..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....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. ......se of voluntary retirement and that the respondents are governed by the provisions of Board of Intermediate ate and secondary Education Ordinance 1961 (EP Ordinance No. XIII of 1961) and according to the said statute the age of retirement of the respondents is 60 years and that the wri......e and Secondary Education, Jessore against Judgment and order dated 24.10.2000 in Writ Petition No. 2467 of 1998 passed by the High Court Division upon analogous hearing of Writ Petition Nos. 1872 to 1877 of 1998 making the Rules absolute. The Respondents as Writ Petitioners filed aforesaid Writ......on of Section 35 of the Board of Intermediate and Secondary Education Ordinance, 1961 in respect of the term of their retirement from the service. The Writ Petitions arising out of common fact and law, High Court Division disposed of the same by a common judgment. 2. The leave petitions ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......s, that land measuring 66 decimals of plot No. 73 listed in S. A. khatian No. 2 went under water in 1335 B. S and that at the time of preparation of S.A. record the said land was diluvial land and accordingly S. A. record was prepared and that as per provision of section 86 of the State Acq......ts Judgment April 9, 2006 Case Referred To- Abdul Mannan vs. Kulada Ranjan Mowali 31 DLR (AD) 195. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants Not......that part of the land in suit is in the bed of the river but no such case was pleaded in the written statement and as such the evidence of the D.W.1 in that respect is not acceptable under the law, that D.W.1 did not substantiate his evidence that part of the land in suit is in the bed of t..Category: Property Law | Date: | Hits: 27
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....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. ......peedy possession of the same and in exercise of the power conferred under Section 9 of the aforesaid Ordinance the Government decided to delegate the powers to the Director of Telephone, Dhaka and accordingly the respondent No. 5 by letter dated 14.07.2003 requested the Police Commissioner, Dhak......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.................. Petitioner vs. Mohammad To......rence during the occurrence and was innocent and he was given magisterial power and acted in good faith in evicting the unauthorized occupations from T & T land and recovered possession as per law and that the respondent No.2 following the provision of Rule 7(2) of the Government Servants (D..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....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. ......nd supervised the suit property. 12. In the light of our 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. ......ellip;……………………………………….Respondent Judgement March 24, 2004. Case Referred to- Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved A. J. Mohammad Ali......r submissions is that whereabouts of Abdul Jalil were not known and he tailed to possess, supervise, manage and control the properly, and as such the same became abandoned property by operation of law. 8. He further submits that the plaintiffs lather purchased the suit property at a..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....t "the petitioner has acquired a legal right and equal protection of law and as such the respondents are estopped from claiming proportionate value and the same is against principle of natural justice" as there is no question of acquiring vested right in th...... Boards of the above size, the customs authority assessed customs duty and other levies on the said imported Hard Boards on the basis of the declared invoice value that is @ US$ 2.10 per sheet and accordingly on the assumption that customs duty will also be assessed on such size on Hard Board in...... Ed. ......ules were made absolute and the assessments of customs duties and other levies on the imported Hard Boards and MDF Boards on the basis of proportionate value were declared to have been made without lawful authority and of no legal effect and the writ respondents were also directed to return the b..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....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. ......al Development Rules of 1961. Under section 34 of P.O. 27 of 1973 the Government has power to make rules making provisions for the duty and power of the Managing Director and the Rules of 1983 were accordingly made. It further appears that power was delegated by the Board of Directors of the Bank......ted 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 appellant-Bank which was established under the Banglad......uch the said Board was the only competent authority to pass the order of compulsory retirement. The impugned order not having been passed by the Board of Directors, the same was not sustainable in law. 3. The appellant-Bank in its written objection refuted all the allegations of the respo..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......on of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladhar, defendant No.1 and Bharat Chandra in 8 annas share and Abbari Barmani in 8 annas share. The C.S. record was accordingly prepared and finally published. Basanta Kumar being the eldest brother of the joint Hin......the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladhar, defendant No.1 and Bharat Chandra in 8 annas share and Abbari Barmani i......ries and payment of rent on the basis of dakhilas are collusive, forged and fabricated documents created for the purpose of 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 ..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
....he Administrative Tribunal and therefore the suit is impliedly barred under section 9 of the Code of Civil Procedure. The trial court upon taking a lenient view of the matter and in the interest of justice decided that to enable the respondents to obtain relief in the Administrative Tribunal the...... it as a transferred suit forthwith so that the transferred suit is listed in the cause list of that Division Bench on 25.08.1996 for order. The Division Bench disposed of the connected civil Rule accordingly. 4. Leave was granted to consider the submission that the actions complained of ......nwarul Islam being dead his heirs; Most. Afroza Begum& others...............Respondents. Judgement July 26, 2004. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney General (Faisal H. Khan, Additional Attorney General with him) instructed by B. Hossain, Adv......on read with section 4 of the Administrative Tribunals Act, 1980 and the learned Judges of the High Court Division being an appellate court with the same powers as those of the trial court erred in law in not rejecting the plaint although that was the precise submission made before it and the fur..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......sp; Amirul Kabir Chowdhury J. - This is a petition for review of the judgment and order dated 14.5.2002 dismissing the Civil petition for Leave to Appeal No. 495 of 2000 filed by the petitioner. The respondent instituted Other Class Suit No. 6......rder dated 14.5.2002. Hence is this petition for review. 2. Md. Nowab Ali, learned Advocate-on-Record, in support of the petition submits, inter alia, that the High Court Division erred in law in not holding that the respondent’s application for permanent injunction was not maintai..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....elling his appointment as Economic Counselor in Bangladesh Embassy at Stockholm in Sweden alleging that the order of cancellation was malafide and arbitrary and opposed to the principle of natural justice. 3. Facts, in short, are that respondent belongs to B.C.S. (Audit and Account) Cadr......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. ......ip;………….Appellants vs Kamrul Hasan.........Respondent Judgement July19, 2004. Lawyers Involved: A J Mohammad Ali, Additional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record.- For the Appellants ......nment reserves the right to cancel any appointment of a public servant or stay the appointment without assigning any reason for the public interest, that the order challenged was passed legally and lawfully. 6. At the time of hearing of the case it was submitted by the Government that the ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
....nd circumstances of the case i.e., the promissory estoppel and since the Government has taken a decision that the suit land would be sold to the plaintiff on a price fixed by it, equity and natural justice, as well demands that the plaintiff is not deprived of the suit property and that the Gover...... commercial undertaking did vest in the Ministry of Commerce and as such the purported actions of the Ministry of Works in the matter of allotting the property to the plaintiff was unauthorised and accordingly his subsequent action both in the matter of alleged valuation and purported action to l...... vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers ......iff continuing to reside and doing his business on the suit property paid enhanced rent of Tk. 16457- per month from 4.9.1983. The Government on 4.9.1983 decided to sell the abandoned house to the lawful allottees. The decision was published in the national newspapers and the Government constitu..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......and khatians etc. at the time of execution of agreement for exchange and also did not hand over possession-of 'Kha' schedule land to him yet he waited till 12.04.1969 to file the present suit when according to him Ghose brothers refused the transaction. It is on record that the Ghose brothers le......d by a Single Bench of the High Court Division in Civil Revision No. 459 of 1993 discharging the Rule. 2. Short facts are that the 'Kha' schedule property in the district of Kushtia belonged to Shibnath Ghose predecessor of defendant No.1 and 2, Nemai Chandra Ghose, predecessor of defendan......e submissions that the High Court Division wrongly interpreted the provisions of section 86 of the Evidence Act and sections 13 and 14 of the Code of Civil Procedure and thus fell into an error of law in holding that foreign judgment, Exhibit-3 was admissible. 5. We have heard Mr. AJ. Moh..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......Begum………………….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 247; Abdul Jalil and o......ous suit and as he was unsuccessful up to the Appellate Division in getting the decree passed in the earlier suit set aside, as such the High Court Division erred in law in not rejecting the plaint of the Other Class Suit No. 41 of 2000 at least with respect of 'k..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....e parties can hardly be addressed in its correct perspective and in the absence of relaying the land in suit with reference to the map so filed by the Railway there is likelihood of miscarriage of justice. 12. In that view of the matter we are of the view that the case should go back to t......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was requisitioned in L.A. Case No. 4 of 1950-51, that the land in suit m......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......al of the aforesaid judgment we do not find that there is any error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......i, Advocate-on-Record- For the Petitioner A.S.M. Khalequzzaman, Advocate-on-Record- For Respondent No.1. Not represented- Respondent No. 2-10. Civil Petition for Leave to Appeal No. 1145 of 2004. Judgment: ......ppellate court directing for maintaining status quo is illegal and the High Court Division committed error in support in not considering this vital ground and that the High Court Division erred in law in failing to find that the balance of convenience and inconvenience is in favour of the petiti..Category: Property Law | Date: | Hits: 34
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......that Ext. 3(a) was said to be the sanction accepting the settlement of the land mentioned in Ext.3 with effect from 1348 B.S. without any reference to the khatian to which the land appertained and accordingly held that these papers were mere paper transactions. The lower appellate court further ......S. operation of 1318 B.S. and the land was recorded in the khas khatian of various landlords. The river having had silted up the landlords gave pattan of 2.50 acres of land including the suit land to the plaintiffs in Poush 1340 B.S. Since then the plaintiffs have possessed the suit land. By ami......aving arrived at various finding of facts, the learned Single Judge of the High Court Division acted illegally and wrongly in setting aside those findings of facts when there was no error of law or procedure calling for any interference in exercise of jurisdiction under section 100 of the ..Category: Property Law | Date: | Hits: 34
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