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State Vs. Abdur Rashid, 1972, 1 CLC (AD)
....n Sheik and that his wife Maleka Khatun was murdered on the date of occurrence as alleged by the prosecution had hardly been disputed. Besides, there are other overwhelming evidence to prove these facts. 7. The prosecution case rests upon the evidence of two eye-witnesses of the occurren......; Vs Abdur Rashid………….. Respondents Judgment July 8th, 1970. Cases Referred to- State Vs Purna Chandra Mondal 22 DLR 289; Abdul Gani and another vs State, reported in 16 DLR; Khadim vs. The Crown,......in the house of DW 1 Yasin Sheik and that his wife Maleka Khatun was murdered on the date of occurrence as alleged by the prosecution had hardly been disputed. Besides, there are other overwhelming evidence to prove these facts. 7. The prosecution case rests upon the evidence of two eye-w..Category: Criminal Law | Date: | Hits: 154
Azizur Rahman Vs. Hedayet Ahmed Chowdhury and others, 1972, 1 CLC (AD)
....onal District Judge, Chittagong, in Other Appeal No. 245 of 1966 where in the learned Additional District Judge dismissed the appeal and affirmed the judgment and decree of the trial Court. 2. The facts giving rise to this appeal are as follows: The plaintiffs filed a suit for declaration that th......rt High Court Division (Civil Appellate Jurisdiction) Present: Maksum ul Hakim J Fazle Munim J Azizur Rahman................. Defendant-Appellant Vs. Hedayet Ahmed Chowdhury and others................. Respondents Judgment July 14, 1970. Result: The appeal is ......vour of the plaintiffs did not create any title in their favour and, as such, the plaintiffs were not entitled to a decree in the suit. 4. The Courts below, after considering the pleadings and the evidence on record, found that the plaintiffs have been in possession of the suit property from the ..Category: Civil Law | Date: | Hits: 137
Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
.... jurisdiction to interfere with the impugned orders under Article 98 of the Constitution is, in our view, clearly untenable, for, if by an erroneous view of the law or an erroneous assumption of facts upon which the jurisdiction of the court itself depends, the court has either usurped a juri......Begum…………….. Petitioner Vs. Province of East Pakistan, represented by Secretary, Law (Judl) Department, Registration Branch, Eden Building, Dacca and others ............Respondents Judgment January 28th, 1971. Cases ......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Pak Waterways Vs. EPIWTA and others, 1972, 1 CLC (HCD)
....gistered partnership firm has challenged the order 7 of 11.1.69 of the East Pakistan Inland Water Transport Authority, hereinafter referred to as IWTA, in the matter of granting time-table. 2. The facts relevant to this writ petition, as appear from the affidavits of the parties, are that the pet......Court High Court Division (Special Original Jurisdiction) Presents: Siddiky CJ Kemaluddin Hossain J Pak Waterways..........................Petitioner Vs. EPIWTA and others.................Respondents Judgment March 2, 1970. Result: This applicati...... fails. The result therefore is that this application fails and the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 3. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 255
Star Alkaid Jute Mills Ltd. Vs. EPIWTA and others, 1972, 1 CLC (HCD)
.... ACL For the foregoing reasons we find no merit in this rule, which is discharged with costs assessed at 5 (five) grams. Ed. This Case is also Reported in: 24 DLR (HCD) (1972) 1. ...... ......t. It is also submitted that the learned Magistrate is not right in observing that it was admitted before him that the site of the wall under construction fell within the limits of the port, since no evidence was led before him. It is true that none deposed on oath before the learned Magistrate. ..Category: Others | Date: | Hits: 162
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
....lip;.. Respondent Judgment November 13, 1997. The Code of Civil Procedure, 1908 (V of 1908), Order IX Rule 13 It is not possible to permit the defendants to prove certain facts after elapse of ten years which the defendants failed to bring before the court so long. The ...... SR Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advoacte-on-Record-For the Respondents. Civil Petition For Leave to Appeal No. 930 of 1997. (From the judgment and order dated April 29, 1997 passed by the High Court Division, Dhaka in FMA No. 62 of 1989). ......-holder Bank opposed the prayer for restoration. 3. The learned Subordinate Judge while dismissing the Misc. case, by order dated 19-1-89 observed that the defendants failed to prove by any evidence, i.e., passport, visa etc. that at the relevant time defendant No. 2 and his wife defendan..Category: Civil Law | Date: | Hits: 115
Abdul Kader Mondal & ors Vs. Shamsur Rahman Chowdhury alias Shamsur Rahman Saha, 1999, 28 CLC (AD)
....ntatives of the deceased have to be brought on record within a stipulated period. If they are not brought on record within such period, the action abates either wholly or partially depending on the facts and circumstances of each case. Sub-rule (2) of rule 9, allows an abatement to be set aside ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Abdul Kader Mondal and others…………………… Appellant Vs. Sha......formal application must be filed as a matter of inflexible rule on pain of dismissal of the main application itself. If the main application contains the entire facts or reasons for the delay; if evidence has been given both in favour and in rebuttal of the same, then there remains nothing f..Category: Property Law | Date: | Hits: 72
Bashu Dev Chatterjee Vs. Umme Salma and others, 1999, 28 CLC (AD)
....l District Jail is the appellant in the present appeals by leave and also the petitioner in the connected leave petition. The matters relate to the custody of the said minor girl. 2. Briefly, the facts of the case are that the appellant as informant lodged a First Information Report with Nagorpu......l CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Bashu Dev Chatterjee………............. Appellant Vs. Umme Salma and others..................... Respondents Judgment March 4, 1999. Result: Both the ap......e now in custody in Tangail District Jail be released and handed over to her father Bashu Dev Chatterjee, forthwith. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 238; 8 BLT (AD) 168. ..Category: Criminal Law | Date: | Hits: 71
Ashok Kumar Karmaker Vs. State, 1999, 28 CLC (AD)
.... stupidity and therefore, expressed his remorse in the following terms: “4. That I frankly confess I have foolishly and stupidly written the Article without even verifying the facts and realising the full impact and effect of the Article on the people: I regret......9. The Contempt of Courts Act, 1926 (XII of 1926), Section 2 The Court will not hesitate to deal with member of the subordinate judiciary if he is not cautious, restrained, respectful and deferential with regard to the highest judiciary ……….(10) Law......n of the appellant for Contempt of Court and the sentence passed thereunder by the High Court Division are set aside. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 235. ..Category: Criminal Law | Date: | Hits: 75
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
.... aforesaid owners to take possession of the lands in question on 11-1-89. Accordingly, the said owners took delivery of possession of the case lands on 11-1-89. 9. Upon misrepresentation of facts, the writ-petitioners managed to obtain an order of injunction which may be vacated. The mat......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Shamsunnahar Salam and others……………………………&h......3, 1997. The Constitution of Bangladesh, 1972, Article 102 However extraordinary its powers, a writ Court cannot and should not decide any disputed question of fact which requires evidence to be taken for settlement. All the findings, orders and observations made by the High Cou..Category: Property Law | Date: | Hits: 64
Abdul Mutalib Vs. Md Mostakim Ali and others, 1999, 28 CLC (AD)
....half of the appellant in the following terms: “The exercise made by the learned Judge of the High Court Division in revision was uncalled for because the Tribunals of the facts upon considering all aspects including the rules referred to by the learned Judge, respect......J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Mutalib…………………… Appellant Vs. Md Mostakim Ali and others….. Respondents Judgment May 30, 1996. The Local Government (UP) Ord......ise of revisional authority under section 115 CPC the revisional Court is not empowered to interfere with the finding of fact arrived at by the subordinate Court or Tribunal upon re-appreciation of evidence unless there has been non-consideration or gross misreading of evidence by the Subordinat..Category: Election Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....e paragraph each was added in the respective suits, paragraph 14A in Title Suit No. 23 of 1993 and paragraph 20A in Title Suit No. 24 of 1993. The impugned decisions turned mainly on the basis of the facts stated in the said amended paragraphs. For the present purpose paragraph 14A may be noticed wh......r Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Bangladesh Shilpa Rin Sangstha………..…………………....Defendant-Appellant Vs. Rahman Textile Mills Ltd and others……………………………Plaintiff-Respondent Judgment March 25, 1999. R......graph 14A of the plaint quoted above plaintiff has the cause of action to challenge the impugned action of the BSRS and whether the allegations are true or not can only be decided on the basis of the evidence to be adduced in the suit and if the allegations are found false, then the suit will be dis..Category: Property Law | Date: | Hits: 77
Sabita Dutta Vs. Manager, Cinema Palace Chittagong and another, 1999, 28 CLC (AD)
....efore the Labour Court. Consequently, the petition is devoid of any substance. It is, therefore, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 215. ...... Bimalendu Bikash Roy Choudhury J Sabita Dutta ……………………….Petitioner Vs. Manager, Cinema Palace Chittagong and another……......................... Respondent Judgment June 7, 1......he cinema hall. Hence the petitioner was retrenched after giving her lawful dues. 4. Before the Labour Court respondent No.1 did not appear. Consequently the Labour Court after taking the evidence of the petitioner allowed the case. Subsequent thereto, respondent No.1 filed an applicati..Category: Labour and Industrial Law | Date: | Hits: 94
Junnur Rahman Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1999, 28 CLC (AD)
....he promotion committee. It was denied that there was any violation of any fundamental right as alleged. 5. The High Court Division upon a consideration of the relevant provision of law and facts of the case observed as follows: Thus from overall consideration of the mark sh......ellip;………………………………………...Petitioner Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others………….Respondents Judgment June 22, 1997. Th......her in law or on fact. The High Court Division has rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 166. ..Category: Employment/Service Law | Date: | Hits: 63
Government of Bangladesh Vs. Idrisur Rahman Advocate and others, 1999, 28 CLC (AD)
....ption can be taken to the exposition of the High Court Division insofar as the implication of the provisions of Article 116 of the Constitution is concerned and insofar as its applicability to the facts of the present case is concerned. He only submits that since in view of the fact that all suc...... J AMM Rahman J Government of Bangladesh represented by the Secretary, Ministry of Establishment ………..Petitioner Vs. Idrisur Rahman, Advocate and others………………..Respondents Judgment June 16...... taken in the public interest. The petition is dismissed with the aforesaid observations and declarations. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 163. ..Category: Employment/Service Law | Date: | Hits: 72
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
...., entire matter the direction given to file the petition of complaint before a criminal Court which has no independent jurisdiction to interpret an order of the civil Court is uncalled for in the facts of the case. (3) The story of re-marriage of accused- appellant No. 1 havin......sp; Bimalendu Bikash Roy Choudhury J Latifa Akhter and others.…………… …… Appellants Vs. St...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ..Category: Criminal Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......: 51 DLR (AD) (1999) 150. ...... April 11, 1999. The Evidence Act, 1872 (I of 1872) Section 62 A firisti only can not speak of contents of the documents in absence of the documents noted in the firisti and such firisti is no evidence to prove the relationship of landlord and tenant……………………(10) Lawyers Inv..Category: Tenancy Law | Date: | Hits: 62
Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)
....nt-petitioners have now preferred these petitions for leave to appeal from the various judgments of various Division Benches of the High Court Division in various writ petitions based on particular facts of each case involving the same issues of law. 5. Mahbubey Alam, learned Addit...... J Latifur Rahman J Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Secretary, Ministry of Establishment, Government of Bangladesh and others…………………….. Petitioner ......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148. ..Category: Employment/Service Law | Date: | Hits: 81
Rear Admiral AA Mustafa Vs. Bangladesh, 1999, 28 CLC (AD)
....malul Hossain, learned Counsel for the petitioner, submits that if a rule is applied bonafide then no exception can be taken, but if it is a malafide exercise of power revealed on discovery of new facts then the impugned orders ought to be reviewed. Exhibit ‘A’ shows, he submits, tha......o basis of malafide maneuver on the part of the President passing the order of compulsory retirement of the petitioner, on the event of the petitioner being found at fault by the enquiry committee and the enquiry committee legally constituted, though the report has not been made public no fault ......h allegation. 9. For the aforesaid reasons we do no find any ground for review. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 146. ..Category: Employment/Service Law | Date: | Hits: 89
Sujit Kumar Majumdar Vs. Ministry of Local Government and Rural Development, 1999, 28 CLC (AD)
.... permission of the authority the petitioner remained absent from his duty and further he could not substantiate by producing any material evidence that he was suffering from serious illness. In the facts of the present case although the tribunals below reinstated the petitioner in service, yet t......llip;……………. Appellant Vs. Ministry of Local Government and Rural Development, Dhaka and others..…… Respondents Judgment ......s the conduct of the petitioner was unfair as without prior permission of the authority the petitioner remained absent from his duty and further he could not substantiate by producing any material evidence that he was suffering from serious illness. In the facts of the present case although the ..Category: Administrative Law | Date: | Hits: 144
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