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Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......of gift and the defendant No.1 was in permissive possession of the suit land, that although defendant No.1 tried to prove her possession in the land in suit and in that context tried to make out a case of acquisition of title by adverse possession and tried to establish that case through the evi..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ...... during the period in question was prevented from appearing at the time when the appeal was called upon for hearing and the High Court Division committed error in not considering this aspect of the case. 7. We have considered the submissions and perused the materials on record. It appears ..Category: Procedural Law | Date: | Hits: 70
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......oresaid First Information Report, Sirajdukhan P. S. Case No. 3 (8)794 was started and that the aforesaid victim during his treatment died in the hospital on 31.08.1994. The police investigated the case and the case and submitted charge sheet on 26.02.1995 and the case was sent to the court of th..Category: Criminal Law | Date: | Hits: 41
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......tered the house of Muslem Talukdar and kidnapped his adopted daughter Rahima and on his information Sreenagar Police Station Case No. 6 dated 08.12.1995 was started and the police investigated the case and submitted charge sheet whereupon the case was sent for trial before the learned Additional..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......vered and the police made a seizure list and First Information Report was lodged by aforesaid P.W.2 on the basis of which Feni P.S. Case No. 20 dated 20.03.1998 was started and the case being investigated charge sheet was submitted on 17.07.1998 under Section 19(a) of the Arms Ac..Category: Criminal Law | Date: | Hits: 45
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......iminal Revision No. 1156 of 2000 discharging the Rule and directing the accused petitioner to surrender before the trial court to serve the remaining period of sentence. 2. The prosecution case is that the informant Mosammat Nurbanu got married to the accused petitioner A Mannan @ Abdul ..Category: Criminal Law | Date: | Hits: 38
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......f the Penal Code and sentenced him to suffer rigorous imprisonment for 5 years and a fine of TK. 1000/- in default to suffer rigorous imprisonment for one year more. 2. The prosecution case, in short, is that one Habibur Rahman, as informant, lodged First Information Report on 2.7.19..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......1) Miraj Hossain...............Appellant (In Criminal Appeal No.16/2001) Vs. The State………………………Respondent (In all cases) Judgment August 12, 2003. Lawyers Involved: Mujubur Rahman, S..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. ...... under Section 302 of the Penal Code and sentence of imprisonment for life dated 22-4-1993 passed by the learned Sessions Judge, Rajshahi in Session Case No. 105 of 1991. 2. The prosecution case, in nutshell, is that informant P.W. 1 Abdur Rahman of village Kashimpur under police Sta..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. ......ffer rigorous imprisonment for 1 (One) year and also to pay a fine of Tk. 500/- (five hundred) each and in default to suffer rigorous imprisonment for one moth more each. 3. The prosecution case, in short, is that the informant Anisur Rahman, A Sub-Inspector of police D.B. Branch, Bogra, ..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......First Information Report with the local police station on the basis of which Kotwali P.S Case No. 3 dated 07.02.1984 was started against the accused petitioners and others. Police investigated the case and submitted charge sheet No. 13 dated 09.04.1994 against the accused petitioners and others ..Category: Criminal Law | Date: | Hits: 31
State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State...........................Appellant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, De..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......hitecture of the BUET on the date on which the impugned appointments of respondent Nos.4 and 5 had been made and to place the writ petitioner's name in the seniority list accordingly. 2. The case of the writ petitioner, in short, is that the writ petitioner respondent No. 1 joined in the ..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......No.1 threatened to dispossess the plaintiff. Hence is the suit. 3. The defendant No. 1 contested the suit by filing written statement denying the material allegations made in the plaint. His case is that he purchased the suit land by registered kabala dated 19.09.1969 and has been in posse..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....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. ...... plaintiff, that there is no evidence that on the basis of the deed of gift plaintiff's father went into possession, that no independent witness has been examined by the plaintiff to prove his case. On the aforesaid finding the trial Court dismissed the suit. 4. The Plaintiff went on..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. ......assir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Chairman, Board of Intermediate and Secondary Education, Jessore and others.......... Appellants (In all the cases) vs Golam Quddus & anr...Respondents (In C.A. No. 244 of 2002) Abul..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. ......0, 1992 of the Court of Assistant Judge, Nazipur, Pirojpur in Title Suit No.41 of 1991 decreeing the suit. The suit was filed seeking declaration of title in the land in suit. 3. Plaintiffs case in short, is that land measuring 6.20 acres of No.23 khebog owned by Daraj Ullah and Nazir Ud..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3.The case of the plaintiff, in short, is that the land in suit, which is homestead, belonged to Jairudd..Category: Property Law | Date: | Hits: 35
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. ......el for the respondent and the High Court Division and other connected papers. 6. It is not disputed that the suit property was allotted to Abdul Jalil as refugee from India. The plaintiff's case is that during the war of liberation Abdul Jalil temporarily took shelter at Murapara Camp of ..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......e Division (Civil) Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Commissioner of Customs and anr......Appellants (In all the cases) Vs Bangladesh Traders, Dhaka………………&he..Category: Fiscal/Taxation Law | Date: | Hits: 95
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