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Golam Moula and others Vs. Gourpada Das and others, 1997, 26 CLC (AD)
....e learned Single Judge has correctly noticed that the lower appellate Court misread the evidence on record and failed to take note of the aforesaid material evidence in arriving at its findings of facts. Hence there is nothing to interfere in the matter……………&he......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Moula and others………………….. Petitioner Vs. ....... The Code of Civil Procedure, 1908 (V of 1908), Section 100 (Repealed) In a second appeal findings of fact cannot be reversed unless those are vitiated by misreading of evidence or non-consideration of material evidence. In the present case important material evidence..Category: Property Law | Date: | Hits: 49
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Universal Pharmaceutical Ltd. and another…………………………….......the Court that the plaintiff has been able to establish prima facie arguable case in its favour. Such findings are not binding on the trial court which will decide the matter on merit after taking evidence and without taking into consideration any prima facie finding or observation made in the ..Category: Intellectual Property Law | Date: | Hits: 242
Solaiman (Md) Vs. Sufia A. Alam being dead, her heirs Narjesa Rahamatullah & ors., 1995, 24 CLC (AD)
....he learned Single Judge rightly affirmed the decision of the trial Court and decreed the Suit.  The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 90. ......ifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Solaiman (Md).…………………….Defendant-Petitioner Vs. Sufia Akhtar Alam being dead, her heirs Narjesa Rahamatullah and others...............Respondents Judgment November 16, 1995. The Transfer of Propert....... 7. With regard to the contention of the learned Advocate it may be stated that both the trial Court and the learned Single Judge of the High Court Division found on consideration of the entire evidence on record, both oral and documentary, that defendant No.1 had full knowledge of the change ..Category: Tenancy Law | Date: | Hits: 78
Nurul Huq alias Md. Nurul Hoque Vs. State, 1997, 26 CLC (AD)
....rt’s opinion is not a substantive piece of evidence. To the concurrent findings of the court below as to identical signature of the petitioner appearing on the Ext. 3 series and to other finding of facts, this Division will not interfere as the learned Judge of the High Court Division has consider......5 & 73 The expert’s opinion is not a substantive piece of evidence. To the concurrent findings of the court below as to identical signature of the petitioner appearing on the Ext. 3 series and to other finding of facts, this Division will not interfere as the learned Judge of the High Cou......espondent Judgment June 4, 1997. Result: The petition is dismissed. The Evidence Act, 1872 (I of 1872), Sections 45 & 73 The expert’s opinion is not a substantive piece of evidence. To the concurrent findings of the court below as to identical signature of the petitioner ..Category: Criminal Law | Date: | Hits: 95
Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
....ter, it will not at all be fair to put blame either upon the lower appellate Court or the High Court Division that they did not declare plaintiffs’ title to the part of the suit land. 9. In the facts and circumstances of the case the lower appellate Court appears to have rightly held that the ......sent: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Enjaheruddin Mia alias Md Enjaheruddin Mia………………..Petitioner Vs. Mohammad Hossain and others………………….Respondent Judgment July 31, 1997. Result: The petition ......nd his wife defendant No.3 ka Kulsum Bibi out of the land of the said deed of gift. According to the contesting defendants, the suit as framed is not maintainable. 3. On consideration of the oral evidence. 3 PWs and 5 DWs and number of documentary evidence the trial Court by its judgment and dec..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....lated under Rule 8 thereof and, as such, the learned Judges of the High Court Division erred in not setting aside the illegal revocation of the petitioner’s licence. Mr Wahhab next submits that the facts of the case reported in 1996 BLD (AD) 110 being distinguishable from the instant one, the lear...... Bimalendu Bikash Roy Choudhury J Moulvi Md Khurshid Alam ………………………………………………………… Petitioner Vs. Bangladesh, Secretary, Ministry of Law, Justice and Parliamentary Affairs and others............................Respondents Judgment November ......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ..Category: Employment/Service Law | Date: | Hits: 137
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
..... 1 to the office and dignity of Bohmong Chief. 7. Respondent No. 4 in the writ petition (respondent No. 1 in this appeal) also filed a separate affidavit-in-position and more or less adopted the facts and arguments of the Government-respondents. The Writ petitioner-appellant filed an affida......mal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Aung Shwe Prue Chowdhury....................Appellant Vs. Kyaw Sain Prue Chowdhury and others.................Respondents Judgment December 11, 1997. Result: The ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
.... the leave of the Court and it is in the discretion of the Court to grant or not to grant leave. It cannot be said that the learned Subordinate Judge failed to exercise his discretion properly in the facts of the present case. That being the position, the learned Advocate for the petitioners...... Court Appellate Division (Civil) Present: ATM Afzal J Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moon Garments Industries and others …………………………..............Petitioners Vs. Janata Bank, Foreign ......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..Category: Civil Law | Date: | Hits: 137
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....perty. The High Court Division refused to interfere with these findings of fact in revision. Mr. Shahidul Alam Chowdhury, learned Advocate for the petitioner, on the face of the clear findings on facts arrived at by the lower appellate Court as to the title and possession of the plaintiff-respon......M Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh………………..Defendant-Petitioner Vs. Paresh Chandra Gharami and others……Plaintiff- respondents Judgment May 15, 1997. Result: T......May 15, 1997. Result: The petition is dismissed. Vested Property The plaintiff having proved their title and possession in the property by producing valid documents of title and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of ma..Category: Property Law | Date: | Hits: 73
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....was no legal bar in reinstating respondent No. 2. There may not be any express power in any Statute to exercise magisterial power while reinstating respondent No. 2 but the Deputy Commissioner in the facts and circumstances of the present case does not appear to have erred on the wrong side of equit......al J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Gazi Shamsul Hoque……………………………….........Petitioner Vs. Deputy Commissioner, Dhaka and another…...…Respondents Judgment November 16, 1997. Result: The petition is d......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....the learned Judge of the High Court Division erred in not sending the case back on remand to the lower appellate Court nor reappraisal of the evidence on record. Mr. Ahmed further submits that in the facts and circumstances of the case the learned Judge of the High Court Division acted illegally in ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Sarwar (Md) & others…………Petitioners Vs. Md Liakat Ali and others........Respondents Judgment July 29, 1997. Result: The petition is dismisse...... petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Sections 115 If the High Court Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent ..Category: Property Law | Date: | Hits: 74
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
....ly established. The first charge established against respondent No. 1 is that he occupied a Government residence since 15 July 1984 till 19 June 1986 without paying any rents therefore by suppressing facts. The second charge established against him is that he had separated and kept in his office a t......¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. AM Mansur Ahmed & others………….. Respondents Judgment May 4, 1997. Result: The appeal is allowed. The Government Servants (Discipline and Appeal) Rules, 1985, Rules 2(f), 3(b), 3(d) & 4(5) The penalty for corruption and miscond...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....rwise invalid. The appeal was accordingly dismissed by the impugned judgment and order. 9. Leave was granted to consider whether the aforesaid findings of the High Court Division were contrary to facts and law applicable in the matter and further whether the award was otherwise vague and unenfor......eme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Telegraph and Telephone Board …………………………Defendant-Appellant Vs. Lithi Enterprise......ns to repeal the said argument and the learned Counsel except repeating his submission before us could not make any dent in the solid findings made by the High Court Division upon appreciation of the evidence on record. Further, we find that the argument assailing the invocation of the arbitration c..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....ok after the welfare of the minors and that having been divorced by the respondent, she would be living in England beyond the territorial jurisdiction of Bangladesh. It was also submitted that in the facts and circumstances of the case the petitions under Article 102(2)(b)(i) of the Constitution wer...... here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil………â€......nfortunately, the parties could not come to terms, rather they started finding more faults with each other. In the circumstances, we have come to the conclusion that the custody issue be decided upon evidence as to where the interest and children actually lie. The High Court Division has not done it..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment February 5, 1997. Res......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Plaintiff-Respondents Judgment February 5, 1997. Result: The appeal is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The material evidence not being properly considered by the lower Appellate court as final court of fact, resultin..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......zal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Hasna Banu & others……………Defendant Appellant Vs. Keamat Ullah Malitha and others ……...Plaintiff-Respondents Judgment June 9, 1997. Result: The appeal is......e was granted only to consider the question of limitation as to whether the learned Single Judge of the High Court Division correctly decided the question of limitation on proper consideration of the evidence on record in view of the statement made in the plaint showing the date of knowledge to be o..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......1997. Result: The appeal is dismissed. Marriage according to Hindu Law Once celebration of a marriage in fact is established, there shall be a presumption of there being a marriage in law and observance of essential ceremonies even though every aspects of the elaborate program of the cer......t disbelieved that there was any marriage between the plaintiff and the defendant and doubted the affidavit. In consequence the said court dismissed the suit. 5. The appellate Court discussed the evidence of each of the witnesses and the circumstances refuting the findings of the trial Court and..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
.... Making a distinction between selection for the purpose of admission to a college and selection for appointment to service the Supreme Court of India, (judgment by Chinnappa Reddy, J) observed in the facts of the Rajasthan Case of Lila Dhar vs. State of Rajasthan, AIR 1981 (SC) 1977, that the observ...... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
.... become infructuous. 3. The writ-petitioner, it appears, filed another application for stay of the operation of the order of suspension dated 1-12-96 but the High Court Division upon noticing the facts stated application and referring to its own order rejected the application as redundant by its......sent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Dr. Waliar Rahman…………………. Petitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Result: The petition is dismi......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..Category: Others | Date: | Hits: 112
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......ns) Judgment April 30, 1997. Result: The petitions are dismissed. The Evidence Act, 1872 (1 of 1872), Section 5 In both dying declarations names of the assailants are identical and the second dying declaration being nearer to death the learned judges rightly believed the same.......fence case is that the accused petitioners are innocent and they have been falsely implicated in this case out of previous enmity and grudge. 4. The learned Sessions Judge on consideration of the evidence of the eye-witnesses and dying declaration of deceased Hatem Sikder convicted and sentenced..Category: Procedural Law | Date: | Hits: 157
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