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Sree Hare Krishna Das Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... consideration and appreciation of materials on record. So we find no cogent reason to interfere with the judgment of the Administrative Appellate Tribunal. 8. It also appears that the facts of the instant case is different from the facts of the case reported in 42 DLR (AD) 21.............................. Petitioner Vs. Government of Bangladesh represented by the Secretary, President Secretariat, Govt. of the People's Republic of Bangladesh, Bangabhaban, Dhaka and others ............Respondents. Judgment May 8, 2004. Case Referred to- ......ring the review petition filed by the petitioner, rejected the same. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 146. ..Category: Administrative Law | Date: | Hits: 92
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....ners seek leave to appeal against the judgment and order dated 15.04.2003 passed by a Single Bench of the High Court Division in Civil Revision No. 492 of 2001 discharging the Rule. 2. The facts leading to the leave petition are that the predecessor of the respondents as plaintiff instit......ppellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Firozul Islam and others.................... Petitioners Vs. Md. Helalul Islam and others .............. of the deed and that the suit was contested by the defendant insisting on the assertion of execution of the deed of heba bil-ewaz by the plaintiff and that the trial court oh consideration of the evidence found the plaintiff to be in possession of the suit property and also observed that the de..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....High Court Division erred in holding that the suit of the appellants was barred by principle of res-judicata in view of the ex parte decree in Title Suit No.860 of 1981, that in view of the facts that the disputed land is a reserved forest as per notification dated 15.12.1953 and 13.4.......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Government of Bangladesh, represented by the Secretary, Ministry of Forest, Secretariat Building, Dhaka and others ..........Appellants. Vs. Md. Osimuddin................................Respondent. ...... was obtained by fraud and collusion between the plaintiff of the suit and the government official concerned, although the same was based on the material fact and the circumstance of the case and the evidence on record. 13. The appellants filed the suit seeking declaration that the ex parte decre..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....nts raised by the defendant-petitioner while dismissing the leave-petition and we do not find any new ground or any new materials, which could be produced before this Division. Having regard to the facts and circumstances of the case, we do not find any ground for review. Further, this petition ......ohammad Fazlul Karim J Syed J. R. Mudassir Husain J Abu Sayeed Ahmed J Azizullah @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents Judgment February 23, 2003. ...... the decision on the ground of adverse possession although the lower appellate court did not frame any issue of adverse possession and there was no such pleading in the written statement or in the evidence adduced by the defendant-petitioner and therefore the High Court Division found that the t..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....ng the same upon setting aside the judgment and order dated 20-11-1997 passed by the Administrative Tribunal, Dhaka in Tribunal Case No. 228 of 1997 allowing the same. 2. The relevant facts are that the appellant filed the above case before the Administrative Tribunal, Dhaka for decl......bsp; Md Fazlul Karim J Amirul K Chowdhury J Badsha Miah (Md)...............Appellant vs Sonali Bank and others.......Respondents Judgment &......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....ted 8-12-2001 under sections 147/ 148/149/140/141/324/326/307 and 302 of the Penal Code now pending in the Divisional Druta Bichar Tribunal, Barisal in respect of the petitioner only. 2. The facts, leading to this petition, are that first information report was lodged by one Mojibur Rahman...... State……………………………..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman, Senior Advocat......sion under section 561A of the Code of Criminal Procedure and obtained Rule and the proceeding was stayed in respect of the petitioner. The Tribunal, in the meantime, concluded the trial by taking evidence of 27 prosecution witnesses and convicted the other accuseds under sections 302 and 149 of..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....ary, Ministry of Establishment, is from the judgment and order dated 25th June 2003 passed by the High Court Division in Writ Petition No. 4134 of 2002 making the Rule absolute. 2. The short facts for disposal of the appeal are that, the respondent as Writ petitioner, AKM Enayetullah, file......ocate, (Mr. Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 200......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....ported in 33 DLR (AD) 1. 14. The proposition of law relating to special burden of proof in respect of the Heba-bil-ewaz deed in question if considered in the background of the admitted facts that on the self same date Rativan Bibi executed 2 Heba-bil-ewaz deeds, one in favour of the ......ur Rahman....................Appellant vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1 = 1979 BSCR 375; Rokeya Khatun vs Alijan @ Alija...... to Rativan and thereupon she, upon being fully aware about the contents of the document, voluntarily executed the deed by putting thumb impression but the High Court Division did not consider the evidence of these witnesses. 10. The question of special onus with regard to a transaction e..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....so as would have no effect or bearing on the result of the suit, the appellate Court without considering the vital aspect of the matter of admission of additional evidence in the background of the facts of the case was in serious error in allowing the defendants to introduce the kabuliyat of the......is no order as to cost. Ed. ......tiff then moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute upon observing that the trial Court on consideration of the evidence was quite correct in arriving at the finding that the plaintiff has right, title, interest..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Mazid Khan (Md) Advocate........Petitioner vs State and another... .........Respondents Judgment ......left out from prosecution or if it comes out that there is a thin line to connect anyone in supplying grenades, which according to all of us, are not available outside Cantonment or if there is evidence that the grenades may be supplied from some other place even from outside the border of B..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ple. 6. Civil Petition for Leave to Appeal No. 708 of 2005 arose out of the impugned judgment and order in Writ Petition No. 6942 of 2004 discharging the Rule which arose out of the almost similar facts alleged in other two writ petitions being Nos. 262 and 6975 of 2005 in addition to impugning A......rt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represented by the Secretary, ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
.... We disapprove such treatment of using confessional statement of co-accused against other accused to base their conviction without any other evidence against them. 13. We have considered the facts and circumstances and evidence on record. In view of discussion made above we are of the vie......JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Majid Sheikh alias Majid and others... ............Appellants vs State……………......ns Judge, Rajbari in Sessions Case No. 7 of 1994 on the allegation of committing murder of one Shahajuddin Bepari of Moharajpur, Police Station Rajbari on 19-7-1993 and for causing disappearance of evidence of the aforesaid offence and were thus charged under sections 302/34 and 201/34 of the Pe..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Kashem............................Petitioner Vs. Amirun Nahar and others.................Respondents Judgment March 5, 2006. Lawyers Invo...... was served upon the preemptor regarding the sale in question and that later after coming to know of the transfer he instituted the case within four months of the date of his knowledge and adduced evidence in support of his contention. The trial Court after considering the materials and evidence..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....wers Act, 1974. 8. Mr. Abdul Baset Majumder learned Counsel appearing on behalf of the respondent No.1 opposes the appeal contending, inter alia, that the High Court Division after considering the facts and circumstances allowed bail in favour of the accused respondent for one year. 9. He furt...... Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J State………………………………………………………...Appellant Vs. Muhibur Rahman Manik and another………… Respondents Judgment March 28, 2006. Result: The appeal is allow...... 5. In support of the appeal Mr. Abdur Razaque Khan, learned Additional Attorney-General reiterated earlier submissions made on behalf of the State. 6. He then submits that there being sufficient evidence bringing home the charge against the accused respondent the trial Court convicted according..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... Present: Md Ruhul Amin J MM Ruhul Amin J Ali Akbar (Md)...............................Appellant vs Shajirannessa Bewa and others........Respondents Judgment &...... No. 1537 comprising 25 decimals of land are also in the deed. 7. The trial Court decreed the suit on the finding that the plaintiff has been able to establish, by both oral and documentary evidence/ that Abdur Rashid sold the land to the plaintiff and he executed the deed, that plaintiff..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....M Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging the Rule. 2. Short facts are that the petitioner joined the then Pakistan Army and was commissioned as Second Lieuten......: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judgment &nbs......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....ation of electoral roll afresh applies only to a particular electoral area or constituency, for gross error or irregularity in the preparation of electoral roll of that area or constituency but the facts of the present appeals are different inasmuch as order has been passed for preparation of th...... Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. C......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Judgment: Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. ......; appellant upon observing "We do not find that the said ground was specifically taken before the appellate authority as it is evidenced from the application of appeal filed by the petitioner against t..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....ng heard analogously were disposed of by the High Court Division by same judgment and order. Both the appeals being heard together by us are disposed of by this Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appel...... Ed. ......es to convict Aynul Sheikh, was not pressed and was thus dismissed. 7. In support of the Appeal Mr Md Nawab Ali, learned Advocate-on-Record, submits, inter alia, that there is no cogent evidence against the appellants as to allegation of catching hold of the hands of the deceased by t..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....nt Judge held a preliminary enquiry under section 476 of the Code of Criminal Procedure, which has been done illegally which is absolutely bereft of substance. 7. We have considered the facts and circumstances of the case and we are of the view that in order to satisfy himself as to ......Division (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J AKM Shamsuddin alias Kalam Doctor and other......Petitioners vs State.................................Respondent ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
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