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Abdul Khaleque Master and others Vs. State, 2000, 29 CLC (AD)
.... Court Division. But there has not been an elaborate discussion of the evidence on record. It is needless to say that a duty is cast upon the lower appellate Court to write out a proper judgment on facts while disposing of an appeal. 8. From the trend of cross-examination that was made b...... (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Abdul Khaleque Master and others…………Accused Petitioners Vs. State……&hellip......……..Respondent Judgment November 23, 1998. The Code of Criminal Procedure, 1898 (V of 1898), Sections 423 & 424 There is no illegality in not discarding the evidence of eye witnesses on the ground of close relationship as ocular evidence cannot be disbelie..Category: Criminal Law | Date: | Hits: 61
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
....da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ...... Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Qaiyum Khan and Others………….Petitioners Vs. Sudarshan Singh and oth......e lower appellate Court. This issue was raised for the first time in revision and the High Court Division rightly found that the plaint contains sufficient descriptions of the suit land and in the evidence of the plaintiffs also the suit land has been sufficiently described. 3. We do n..Category: Civil Law | Date: | Hits: 127
Nur Israil Talukder (Md) Vs. State, 2000, 29 CLC (AD)
....he Penal Code read with section 5(2) of Act II of 1947 in Special Case No. 141 of 1984 of the Court of Divisional Special Judge, Khulna triable under the Criminal Law Amendment Act, 1958. Relevant facts in short are that the appellant as a store keeper of the Agricultural Development Corporation......mendment (Amendment) Act, 1987 (XIII of 1987), Section 8(a) The Code of Criminal Procedure, 1898 (V of 1898), Sections 5(2) & 339D The case is under section 409 of the Penal Code and also under section 5(2) of Act II of 1947, triable under the Criminal Law amendment Act. There ......t Division are set aside and further proceedings of the case stand stopped and the accused appellant stands released. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 51. ..Category: Criminal Law | Date: | Hits: 59
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49........ Plaintiff-Respondent Judgment January 23, 2000. The Code of Civil Procedure, 1908 (V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate ev......V of 1908), Order VII rule 11(d) There is no illegality in holding that the question of limitation and res judicata are mixed question of law and fact which need through investigation on adequate evidence for arriving at a correct decision on framing specific issue by the trial court and on such..Category: Civil Law | Date: | Hits: 142
Abul Qayum Khan and others Vs. Md. Abu Yousuf Mridha and others, 2000, 29 CLC (AD)
....sed, for what it is worth, at the earliest opportunity. But it was not done. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 48. ......Appellate Division (Civil) Present: Mustafa Kamal CJ Latifur Rahman J Bimalendu Bikash Roy Choudhury J A M Mahmudur Rahman J Abul Qayum Khan and others……………Petitioners Vs. Md. Abu Yousuf Mrid...... was refused by the defendants on 29 October 1979 in spite of tender of the money in accordance with the terms of the agreement. 2. The trial Court decreed the suit in consideration of the evidence on record. The contesting defendants preferred an appeal therefrom but lost. Thereupon the..Category: Property Law | Date: | Hits: 47
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ......bsp; June 7, 1999. The Specific Relief Act, 1877 (I of 1877), Sections 39 and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a p......d kabala deed. As such, he submits, no value should have been attached to the opinion of the handwriting experts. 6. The execution of the impugned kabala deed has been proved by the ocular evidence of PW 2, son of the executant, who has identified and proved the signature of his father ..Category: Property Law | Date: | Hits: 59
Sanaullah Khan (Md) Vs. Safura Khatun and others, 2000, 29 CLC (AD)
....n of this appeal turns upon the points (i) whether this Court should allow a party to agitate a point on which leave to appeal had not been granted; (ii) whether in the face of clear suppression of facts which appear to be motivated the defendant should at all be granted any relief; and (iii) wh......y J Sanaullah Khan (Md)……. …………………………………Appellant Vs. Safura Khatun and others……………………………&h......as not obtained on this ground. For all these reasons the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 39. ..Category: Property Law | Date: | Hits: 59
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
.... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ......r Rahman J A M M Rahman J Mahmudul Amin Choudhury J Shafiuddin Chowdhury (Md)……………….Appellant Vs. Md. Abdul Karim and others………………Respondents Judgment &n......ound that the pre emptor was a co-sharer in the land as the partition decree was not executed in full and that the tenancy of the pre-emptor and the vendors were still ejmali and that there was no evidence that the ejmali property was separated. A learned Single Judge of the High Court Division ..Category: Property Law | Date: | Hits: 57
....9 of 1995).
Judgment
Bimalendu Bikash Roy Choudhury J.- This appeal is directed against the judgment and order of the High Court Division in Writ Petition No. 2109 of 1996.
2. The relevant facts are brief and not in dispute. There are two registered trade unions in Karnaphuli Papers Mills......ve absolute control. Attendance sheet of those labourers is maintained by the contractors to whom they are responsible. The contractors are liable to compensate the KPM for any default of the workers and such labourers can not be termed as the workers of KPM. The terms of employment must establish a......5)(a) of the Ordinance which is also an infirmity of the said list. The appeal is accordingly dismissed without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (AD) (2000) 36.
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Category: Labour and Industrial Law | Date: | Hits: 163
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
.... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ...... Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Narayan Chandra Das and others…………..petitioners Vs. Abdur Jabbar De......Abdur Jabbar Dewan and others ………….. Respondents Judgment August 23, 1998. The Constitution of Bangladesh, 1972, Article 103(3) Consideration of evidence afresh on a point missed by the petitioner is not a good point for granting leave…&..Category: Property Law | Date: | Hits: 73
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
....tition suit, the learned Judge of the High Court Division erred in not setting aside the wrong judgment and decree of the courts below. We do not find any substance in his submission in view of the facts that the learned Judge of the High Court Division rightly noticed that all the parties in th...... Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury Abdul Kader Khalifa……………….Petitioner Vs. Saju Bibi and others …………..Respondents Judgment July 29, 1998. S......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ..Category: Property Law | Date: | Hits: 51
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ......ree for ejectment against the petitioner is no ground to stay the title execution case……………………(5) Lawyers Involved: NH Khandaker Advocate-on-Record- For the petitioner. Ozair Farooq, Advocate, instructed by Md. N......Farooq entering caveat for the respondent, on the other hand, contends that the findings of the High Court Division that the respondent is not getting rent for 18 years is based on consideration of evidence and, as such, it does not give rise to any important question of law to be decided by this..Category: Property Law | Date: | Hits: 87
University of Dhaka and another Vs. Professor AK Monwaruddin Ahmed, 2000, 29 CLC (AD)
....particular case is not adequate and effective, then, such discretion can hardly be interfered with. But in the cited case the High Court Division did not apply properly their mind as to the law and facts of the case and it misconceived the whole matter as to the provisions of Article 52 wrongly ......resent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J University of Dhaka and another…………………. Petitioner vs. Professor ......he decision sought to be appealed from does not suffer from any infirmity of law. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 17. ..Category: Constitutional Law | Date: | Hits: 201
Mirza Abdul Hakim, Son of Jamal Mondal and others Vs. State, 2000, 52 CLC (AD)
....rdinate delay in holding T I parade and secondly there was chance for PW 1 to see the accused persons in Court lock up before the identification in the T I parade. In view of the Police Regulation, facts and circumstances of the case and earlier decisions, T I parade has become meaningless and no......inal) Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J Mahmudur Rahman J Mahmudul Amin Choudhury J Mirza Abdul Hakim, son of Jamal Mondal and others……….. Appellants Vs State ………......have no chance of seeing the suspects Primary object of identification proceedings is to test the ability of the witness to identify a suspected person and to ascertain whether there is sufficient evidence to place him on trial. A Magistrate is chosen merely as a person whose impartiality and ho..Category: Criminal Law | Date: | Hits: 92
Mustafa Kamal and another Vs. Commissioner of Customs and others, 1999, 28 CLC (AD)
.... invoice dated 9-3-95 showing import of 200 bags equivalent to 10 MT of Soda Ash from China. The consideration of this particular import reflects, Dr. Kamal Hossain submits, a mindless application of facts. The last Gazette Notification on the tariff value of Soda Ash Light was made on 17-6-96 Sitti......ported in: 52 DLR (AD) (2000) 1. ......l 4000 metric tons of Soda Ash Light at the rate of US $ 127.80 per metric ton. The offer is in respect of a letter from the said Corporation dated 24-5-92 and the reply is dated 15-3-95. There is no evidence that this order was placed by the said Corporation at the said rate and that the consignmen..Category: Business or Commercial Law | Date: | Hits: 165
Government of Bangladesh and others Vs. Md. Tajul Islam, 1997, 26 CLC (AD)
....ief allegation was so vague that there was no opportunity for the respondent to make a proper representation of his case. Mr Ahmed submits that serving of a mere notice without tangible allegation of facts giving particulars and thereby depriving the person accused of an effective opportunity to def......D) (1997) 177. ......this appeal should be dismissed. Order of the Court By majority decision the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 177. ..Category: Constitutional Law | Date: | Hits: 192
Hafizuddin (Md) & 3 ors Vs. Bangladesh Bank, represented by Governor & ors, 1997, 26 CLC (AD)
....cause of action accrued long ago and even the impugned seniority list which they want to be modified was published by the Bangladesh Bank on 31-3-90. It is therefore absolutely incorrect to say on facts that the petitioners were not affected by any order, decision or action of any authority whic......t Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J BB Roy Choudhury J Hafizuddin (Md) and three others……………………. Petitioners ...... made any submission on this finding. 15. We find no ground for interference. The petitions are dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 147 ..Category: Administrative Law | Date: | Hits: 159
Ansarul Haque Vs. Abdur Rahim and 4 others, 1997, 26 CLC (AD)
....ties subsequently after the completion of the Air Conditioning work at the BTV Auditorium was essentially a civil dispute not warranting cognizance by criminal Court. The learned Judges noticed the facts of the case as stated above and at one stage directed the learned Advocate for the responden......p;…………………… Petitioner Vs. Abdur Rahim and 4 others………………….. Respondents ......t’s the special circumstance of this particular case. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 145 ..Category: Criminal Law | Date: | Hits: 93
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
....ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ......sp; Vs. Krishnadhan Banik being dead, his heirs Bijan Kumar Banik and others………….Respondent Judgment March 24th,......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..Category: Property Law | Date: | Hits: 64
Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....ich the appellant formulated 5 questions of law for decision of the High Court Division under section 66(1) of the Income Tax Act, 1922, hereinafter referred to as the said Act. 2. The short facts for disposal of these appeals tie that, the appellant company, incorporated under the Compan......r of Taxes, Dhaka (North) Zone, Dhaka ………..Respondent Judgment January 6th, 1997. Lawyers Involved: Rafiqul Huq, Senior Advocate (Shorful Islam Khan and Ajmalul Hossain, Advocates with him) instructed by Shamsul Haque Siddique, Advocate-on-Record-......t the stage of assessment and at the appellate stage there was no scope for admitting fresh materials in the disposal of the appeals, because there is no provision in the said Act for taking fresh evidence or materials at the appellate stage. Finally, the High Court Division held that as the App..Category: Fiscal/Taxation Law | Date: | Hits: 120
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