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Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)
.... is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 125. ...... Mahmudul Amin Chowdhury J Kazi Ebadul Hoque J Kazi Shahjahan (Md) and another…….Petitioners Vs. Md. Khalilur R......a co-sharer to the case land and is not entitled to any preemption. 4. It appears that on the pleadings of the parties the learned Subordinate Judge started trial and recorded evidence of the witnesses and when he was about to dispose of the case on merit the present petitio..Category: Property Law | Date: | Hits: 49
Bangladesh Road Transport Corporation and another Vs. Md. Shahidullah, 2002, 31 CLC (AD)
....onsequently set aside the order of termination. The case of Bangladesh Bank and others vs. Md Abdul Malek, 46 DLR (AD) I cited by the learned Advocate of the petitioner is distinguishable from the facts of the present case. The facts of the present case has no manner of application with reporte......p; Bangladesh Road Transport Corporation and another……….. Petitioners Vs. Md...... reported decision. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 124. ..Category: Employment/Service Law | Date: | Hits: 75
....peal and leave was granted to consider the submissions of the learned Counsel appearing for the HBRI and the learned Attorney-General that the writ petition having raised several disputed question of facts relating to the title and possession of the respondent society in respect of the land in quest......AD) (2002) 111.
......t
March 17, 2002.
Result:
The appeals are allowed.
The Constitution of Bangladesh, 1972, Article 102
Matter seriously contentiuns in nature requiring adjudication on the basis of evidence of detailed nature is outside the scope of writ jurisdiction as because in the said jurisdi..
Category: Property Law | Date: | Hits: 54
Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....loka Sundari of the property left by Narayan Chandra was unauthorised as because those transactions were brought in existence by the evil design of Borodh Kanta Roy and that by representing untrue facts as regard the necessity of the money in support of transfer of the property left by Narayan C...... Ruhul Amin J KM Hasan J Jitendra Nath Mistry...................Appellant Vs. Abdul Malek Howlader and ors........... Respondents Judgment &nbs...... 6, 2002. The Evidence Act, 1872 (I of 1872), Section 115 Recital in the document of sufficiently older period can be considered as clear evidence of representation made therein as enquiry for establishing truth of the same is impossible..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
.... evidence on record against him and that the evidence on record would have been independently assessed by the High Court Division , the petitioner would have been acquitted. He lastly submits that facts and circumstances of the case and the materials on record show that petitioner could best be ......p; April 7, 2002. The Code of Criminal Procedure, 1898 (V of 1898), Sections 233 & 239 The real and substantial test for determining whether several offences are connected together so as to form......34 of the Penal Code. The petitioner and the others who were in the dock pleaded not guilty and claimed to be tried. 6. The Court of Sessions Judge on consideration of the evidence both oral and documentary convicted and sentenced the accused persons as mentioned hereina..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....) of the Ordinance was issued to the respondent or any other person inclusion of disputed property in the ‘Kha’ list of the abandoned building is without lawful authority, In the facts and circumstances of the case as detailed above and found by the High Court Division and that......a Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J Government of Bangladesh and others ............................Petitioners Vs. ......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ..Category: Property Law | Date: | Hits: 46
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
.... M Amin Choudhury CJ.- These two appeals are taken up for disposal as common question of facts and law are involved. 2. Both the writ petitioners were appointed Appra...... an order of stay of transfer, the High Court Division also cannot exercise such power……(10) Case Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- &nb......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....my view. Exhibit 2 is not a valid and legal notice under section 106 of the Transfer of Property Act in the matter of determination and termination of the tenancy of the petitioner. In view of the facts and circumstances of the case and for the reasons stated above, the judgment and decree compl......  Civil Appeal No. 98 of 1998.  Judgment  Md. Fazlul Karim J.- This appeal by leave is at the instance of plaintiff-appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a rental......ndings of fact the Courts below only on the ground of error of law resulting in an error in the decision occasioning failure of justice. The findings of the Courts below based on consideration of the evidence on record is not liable to be interfered with in revision. The revisional power exercised b..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
.... Chittagong Port Authority wrote a letter (Annexure-D to the Writ Petition) to the petitioner intimating that on l0th January, 2001 his price bid would be opened. 3. In the background of the said facts respondent No. 1 moved the High Court Division in its writ jurisdiction and obtained Rule chal......ies is desired to prevent exercise of the same for collateral purpose, transparency of the decision making authority is a recognized matter to find the right balance between administrative discretion and interest of the aggrieved person……………..(14) Lawyers Involved: Rokanuddin Mahmu......he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....to which the petitioners have succeeded on his death, they do not come within the ambit of legal representative as contemplated in rule 4 or Order XXII of the Code. Even if the facts as stated by the petitioners in assertion of their right to be added as parties (appellants)......nbsp; Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Abdur Rashid (Md) and others.................. Petitioners Vs. ......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....he appellant and the informant lived at different places. So, it was not possible for them to produce the neighbouring people to prove that the deceased was assaulted and then strangulated. But the facts and circumstances particularly the evidence of PW 3 and the conduct of the petitioner clearl...... The Evidence Act, 1872 (I of 1872), Section 5 It is well settled that when a wife met with an unnatural death while in custody of the husband and also while in his house the husband is to explain under what circumstance the wife met wit......e time he also got information that on the previous night his son-in-law, who is the petitioner hereafter, committing murder got the dead body of Sabila hanged with a Mango tree for concealing the evidence. On getting this report the police took up inquiry and visited the house of the convict he..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
..... Being aggrieved by the same defendant-appellants filed the application for leave to appeal. 7. Mr Mahmudul Islam, learned Counsel appearing for the appellants, submits that having regard to the facts and circumstances of the case, the application for amendment filed by the plaintiff-respondent......urt Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Akitullah and others ................... Appellants Vs. Zafala Begum and others...............Responde......same merely on an application filed by the plaintiff-respondents for amendment of the plaint and in remanding the case back to the trial Court to fill in the lacuna in the pleadings and to lead fresh evidence by the plaintiffs which opportunity cannot be granted to them to the prejudice of the defen..Category: Procedural Law | Date: | Hits: 114
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
.... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......ssain ……………………………….…….Petitioner Vs. Jahiruddin and others……………………..…….Respon......arties and the appellate Court found that the names of the three brothers or their predecessors have not been recorded in the record of right and the alleged settlement has not been proved by legal evidence. The finding of fact arrived at by the lower appellate Court was concurred by the High Cou..Category: Property Law | Date: | Hits: 43
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......J Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J Md. Fazlul Karim J State…………………………………………..………….Petitioner Vs. Monu Miah and others……………………………. Respondents Judgment August 16, 2001. Result:......¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦. Respondents Judgment August 16, 2001. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898) Section 342 Incriminating evidence or circumstances sought to be proved by the prosecution must be put to the accused during e..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....itself. On the point of discrimination it was argued that the same was raised not by writ petitioner but by one of the amici curiae without any objective basis based on a misconception of relevant facts and applicable law. It is submitted that the power of waiver was exercised by the Government ......bsp; BRAC and others ……………….………Appellants ......t manner when the incorporation is incomplete. Section 25 of the Companies Act provides that a certificate of incorporation given by the Registrar in respect of any Association shall be conclusive evidence that all the requirements of this Act in respect of registration and of matters precedents..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
....il revision case before the High Court Division which, by the impugned judgment and order, discharged the Rule. 7. It is contended on behalf of the petitioners that, on the facts and in the circumstances of the case, the High Court Division acted illegally in refusing to ...... Kazi Ebadul Hoque J Government of Bangladesh………..Petitioner Vs. Ramananda Sarker……….Respondent Judgme...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... of section 304 of the Penal Code recorded by the Assistant Sessions Judge, Cox’s Bazar, which was upheld in appeal by a Division Bench of the High Court Division. 2. The facts leading to the prosecution of the appellant are, in brief, in PW 13, Sub-Inspector Md Shamsu......mstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved beyond all reasonable doubt and the chain of circumstances should be so that the innocence of the accused is incompatible with ......t 18, 1999. The Penal Code, 1860 (XLV of 1860) Section 304 Circumstantial Evidence The principle of circumstantial evidence to prove the guilt of an accused is that all the circumstances must themselves be proved ..Category: Criminal Law | Date: | Hits: 55
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
..../postings were made in all the nationalized Sugar Mills including Faridpur Sugar Mills under the Bangladesh Sugar and Food Industries Corporation. In view of the aforesaid law, facts and circumstances all the three leave petitions are dismissed. Ed. ......sp; Syed Abu Hossain Arshad and others……..Petitioners Vs. Bangladesh Su......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ..Category: Labour and Industrial Law | Date: | Hits: 115
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....heard the learned Deputy Attorney-General for the appellant. No one appears for the respondents. The consideration of this case may appropriately commence with the two premises. One is the finding of facts arrived at by the learned Sessions Judge with which we find ourselves in agreement that there ...... State..........................Appellant Vs. Abdul Barek and Others…..…….Respondents Judgment December 12, 2001. Result: The appeal is all......odily injury as was likely to cause death and, in fact, the death was caused and injury caused by other respondent Jahidul Hoque alias Jaju was not on the vital part of Bakul Bibi and as there was no evidence that he knew about the pregnancy of Bakul Bibi he committed an offence under section 304, p..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ...... (Civil) Present: Mahmudul Amin Choudhury CJ Md. Golam Rabbani J Md. Fazlul Karim J Ishaque (Md) ……………………………..apeallant Vs. Ekramul Huque Chowdhury and others…………Respondent Judgment December 1, 2001. The Evidence Act, 1872 (I......lastly submits that the plaintiffs-respondents could not prove their case so as to get a decree in a simple suit for ejection of monthly tenant. It is well settled that when both the parties have led evidence question of onus is out of place and matter is to be decided on the evidence led by the par..Category: Tenancy Law | Date: | Hits: 70
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