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Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....t of the trial Court, brushing aside other evidence on record was not legal and proper and, as such, is not sustainable in law, that the decision of the lower appellate Court, as the final Court of facts, being based on proper appreciation of the evidence on record and neither any ground taken in......esent: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Mannan……………………….Appellant Vs. Tayeb Ali and others........................Respondents Judgment March 1, 2006. The Co......t March 1, 2006. The Code of Civil Procedure 1908 (V of 1908), Section 100 (repealed) If the High Court Division in second Appeal questions the findings of fact supported by evidence, it exceeds its power. Finding of the Appellate Court subordinate to the High Court Divisi..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....ion was registered as per provision of section 60 of the Registration Act on October 15, 1988 and the Miscellaneous case was filed on January 2, 1989. 4. In the background of the aforesaid facts it was contended by the pre-emptee Fatema Khatun, that the transfer in question was made in l......7) 721. ...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ..Category: Property Law | Date: | Hits: 55
Government of Bangladesh and another Vs. Md. Afsar Ali and others, 2006, 35 CLC (AD)
....the findings of the tribunal is based on no evidence or non-consideration of material evidence on record. In the instant case, there is no finding in this respect by the High Court Division. In the facts and circumstances stated above, we are of the view that the High Court Division was not just...... Supreme Court Appellate Division (Civil) Present: Md Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh and another.......................Appellants Vs. Md. Afsar Ali and others...............le 102 The High Court Division in a Writ of Certiorari can only interfere with the findings of fact arrived at by the inferior Tribunal only if it can be shown that the same are based on no evidence or based on non-consideration of material evidence on record. There having been no finding..Category: Property Law | Date: | Hits: 77
Bangladesh TelecommunicaÂtion Regulatory Commission Vs. Ekushey Television Ltd., 2006, 35 CLC (AD)
....liament puts on the selfsame phrase in a similar context, in case it throws any light on the matter." 44. In interpreting a later statute, the Court may call on all those external and historical facts which are necessary for comprehension of the subject-matter and may also consider whether a st...... Kamal Hossain, Senior Advocate, (Rokanuddin Mahmud, Senior Advocate with him), instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent No. 1 (Civil Appeal Nos. 383, 385-387 of 2003) and Respondent No. 10. (Civil Appeal Nos. 384 of 2003). Not represented—Respondent Nos. 2-5 (Ci......ns aforesaid, with the above observations the appeals are, accordingly, allowed without any order as to costs. The impugned judgment and orders of the High Court Division are hereby set aside. Ed. ..Category: Information Technology Law | Date: | Hits: 266
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....onclusive one arrived at by the trial Court. 10. As regards the learned Advocate-on-Record next submitted that the High Court Division did not consider the cited decisions applicable in the facts of the present case reported in 35 DLR (AD) 225. 1994 BLD (AD) 219. 11. In the case ...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J AK Chowdhury J Yaor Mia (Md) and another .......................Appellants Vs. Haji Shah Dhanai Ali and others.......ursuance of the alleged deed of agreement of reconveyance with a view to defeating the right of pre-emption of the pre-emptors and that in arriving at the said findings the trial Court believed the evidence of PWs. and disbelieved the evidence of OPWs. upon assigning reasons therefor, but the lo..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
....lace of occurrence. There may be various reasons for not finding blood on the place of occurrence. Similarly failure of the prosecution to prove the motive as imputed by it will have no impact in the facts and circumstances of the case. The petition is dismissed. ………….(17 & 19) Lawye......f occurrence. There may be various reasons for not finding blood on the place of occurrence. Similarly failure of the prosecution to prove the motive as imputed by it will have no impact in the facts and circumstances of the case. The petition is dismissed. ………….(17 & 19) Lawyers Inv...... Judgment December 12, 2005. Result: The petition is dismissed. The Evidence Act, 1872 (I of 1872), Section 3 The relationship of an witness is by itself no ground to discard his evidence unless such evidence is tainted with marks of falsehood. The occurrence taking place at 3 a..Category: Criminal Law | Date: | Hits: 47
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
.... peril of the interests of the appellant. 8. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate opposed the appeal, contending, inter alia, that the trial Court considered the facts and circumstances and evidence on record including written statement of the contesting defend......t Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Amirul Kabir Chowdhury J Secretary, Ministry of Food, Government of Bangladesh and others..................Appellants Vs. Md. Sirajuddin Ahmed and others.............he appellant. 8. Mr. Abdul Wadud Bhuiyan, learned Senior Advocate opposed the appeal, contending, inter alia, that the trial Court considered the facts and circumstances and evidence on record including written statement of the contesting defendant who contested the suit. ..Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....ne week from the date of receipt of the copy of the order, failing which the matter would be sent to appropriate Bench for issuing Rule upon them for committing contempt of Court. 2. Short facts are that the respondent, Abdur Rahim, went to Bangkok and Singapore. While returning he carri......Abdur Rahim…………………….Respondent Judgment May 3, 2005. The Code of Criminal Procedure, 1898 (V of 1898), sections 498 and 517 Release of seized articles in a petition under section 498 of Cr.P.C. is not mainta......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....ng for the petitioner, submitted that the High Court Division failed to appreciate that there is no bar in invoking section 561A of the Code of Criminal Procedure in quashing a criminal case when the facts and circumstances of a case fall within the category laid down by the Appellate Division which......t Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect charge sheet has been submitted, there is no reason for quashing the proceedingâ€......Report or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged and, in such a case, no question of weighing and appreciating evidence arises. (e) The allegations made against the accused persons do constitute an offence a..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....High Court Division dated 14-12-1997 passed by a Division Bench rejecting Death Reference No. 9 of 1995 arising out of Sessions Case No. 102 of 1994 of the Court of Sessions Judge, Khulna. 2. The facts as stated in the petition, in short, are that on 5-11-1993 PW 2, one SM Hafizur Rahman, inform......e Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J State................Appellant Vs. Wasikur Rahman and other.................Respondents Judgment November 15, 2005. The Code of Criminal Pro......al by leave when leave was granted to consider the submissions of the learned Deputy Attorney-General as under: "Mr. Shafiuddin, the learned Deputy Attorney-General, submits that in rejecting the evidence of PWs 1, 2, 3 and 4 the High Court Division has violated and trampled on the accepted and ..Category: Criminal Law | Date: | Hits: 67
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
....ts Chairman is seeking leave to appeal against the judgment and order dated 11 -2-2004 passed by the High Court Division in Writ Petition No. 5360 of 2003 making the Rule absolute. 2. The facts leading to this petition, are briefly stated, to the effect that on an application made under......usain J Md Fazlul Karim J MA Aziz J Bangladesh Agricultural Development Corporation (BADC).................................Petitioner Vs. AKM Abdus Salam and others...........Respondents Judgment March 13, 2005. The Bangladesh Agr......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....2-3-1999 passed by the Administrative Appellate Tribunal in Appeal No.6 of 1996 dismissing the appeal upon modifying the judgment and order passed by the Administrative Tribunal. 2. Short facts are that the respondent entered into the service of Family Planning Board as Assistant on 8-8......ellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzal Islam J Bangladesh, represented by the Secretary Ministry of Health and Family Welfare and others ................Appellants Vs. Md. Idrish Miah.............icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 112
Government of BanglaÂdesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....or the purpose of smuggling. The circumstances leading to the conclusion that the goods were brought inside the Bangladesh for the purpose of smuggling is not incompatible in the facts and circumstances of the case and, as such, the circumstances are so strong as to lead to tha...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary (IRD) and Chairman, NBR, Ministry of Finance, Internal Resources Division and anr..............................ed the goods and the vessel. 4. The writ-petitioner also filed an affidavit-in-reply mostly reiterating the statements made in the writ-petition stating that before the Special Tribunal, no evidence was produced regarding location of arrest of the vessel MV Alba and the revisional authori..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....r names in the face of objection raised by respondent No. 3 (Deputy Commissioner, Habiganj). 6. The High Court Division upon hearing the parties made the Rule absolute. 7. Since both law and facts are similar these two civil petitions are taken up for hearing together and now are disposed o......ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Arti......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 77
Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)
....Civil Petition which is not permissible under Article 105 of the Constitution. The matter has been disposed of on merit and here the prayer is for rehearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, t......aque J Md. Tafazzul Islam J Girilal Garwala………………………..Petitioner vs Collector of Customs, Chittagong and others..........................Respondents Judgment October 26, 2003. ......hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 88
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....ting the victim few days before the occurrence were not mentioned in the first information report although the informant, an Advocate, was fully aware of the implications of non-inclusion of these facts in the first information report and had these facts been true, those definitely would have fo...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ......reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, the trial Court o..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......preme Court Appellate Division (Civil) Present : KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Dulal Chandra Das & ors... .................Appellants Vs. Ratan Chandra Sarker and oth......le was uncalled for in a suit for partition where the plaintiff’s claim of title is to be looked into incidentally. If the precise title to which he lays his claim is not supported by the evidence on record, the Court cannot find out another source of title for the plaintiff by way of ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
.... might not be treated as an abandoned property. Thereafter, the Administrative Officer, Mohammadpur Housing Estate sent a report dated 10-10-84 to the Assistant Commissioner, Settlement admitting the facts as stated with an observation that the appellant was in possession of the property by way of l......l Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban DevelopÂment and another..........................................Respondent Judgment......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13....... 58 DLR (AD) (2006) 13....... The criminal petition is dismissed. The Penal Code, 1860 (XLV of 1860), sections 197 & 302 The Code of Criminal Procedure, 1898 (V of 1898), section 197. In view of the fact that the evidence on record leads to the irresistible conclusion that the offence alleged against the petitio..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
.... name at Sararchar Bazar which is being run by one Muzammel Hoq as a tenant of one Advocate Osman Gani who in collusion with the plaintiff filed the suit only to harass the defendants and under the facts and circumstances the suit is liable to be dismissed with costs. 4. The trial Court...... Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Ci......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
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