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State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ...... Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J State…………………….Petitioner Vs. Raihan Ali Khandker and others………………Respondents Judgment April 1, 1997. Result: The peti......orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
....ng with a party’s right to use and enjoy its own property before any decree is passed, the Court should be very circumspect in allowing such prayer and must decide the matter on the strength of the facts of each case. A big company like respondent No. 1 could not be and should not be prevented fro......J Md Abdur Rouf J Bimalendu Bikash Roy Choudhury J Islam Steel Mills Ltd……………………………………………….. Plaintiff-Petitioner Vs. Nirman International Ltd. and others ………………….Defendant-Respondents Judgment May 25, 1997. Result: T......l Akhter, 1986 BLD (AD)83 and some others submitted that the High Division was wrong in holding that there was no valid service of notice upon the defendants. He submitted that the declarations were evidence of the fact of service of notices. He also submitted High Court Division was equally wrong ..Category: Procedural Law | Date: | Hits: 134
Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)
....ndant in the same suit. As in fact no harm was done to plaintiff respondent no. 2 the substitution of reprimand in place of debarring the respondent no. 1 for 5 years as punishment is adequate in the facts and circumstances of the case……………..(15) Lawyers Involved: AY Moshiuzzaman, Ad......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalundu Bikash Roy Choudhury J Bangladesh Bar Council................ Appellant Vs. Khawja Abdul Gani and another ………….Respondent Judgment November 20, 1997. Result: The appeal is d......ebarring from practicing the said Advocate for five years. 6. Leave was granted to consider whether the High Court Division was correct in passing an order of reprimand when there was no rebuttal evidence adduced by Advocate respondent No. 1 against the evidence of complainant and thus her evide..Category: Others | Date: | Hits: 105
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......ndant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the respondent for specific performance of a contract for sale of certain land with a tin-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plaint......e Code of Civil Procedure provides that, at any time after the suit is instituted, the parties may, on application to the Court, obtain summons to persons whose attendance is required, either to give evidence or to produce documents. But this privilege of a litigant to take out summons to witnesses ..Category: Property Law | Date: | Hits: 82
Moslemuddin (Md) and others Vs. Md. Jonab Ali and another, 1997, 26 CLC (AD)
....ng with the judgment of the appellate Court, which we uphold. This appeal is, accordingly, dismissed with costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 13; 17 BLD (AD) 328. ......ate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Moslemuddin (Md) and others…………………………..………………Appellants Vs. Md. Jonab Ali and......erfering with the factual decision of the lower appellate Court. 6. We have gone through the judgments pronounced by the courts below. It is seen that the trial Court considered and discussed the evidence of all the 5 witnesses for the plaintiff and 2 witnesses for the defendant, besides conside..Category: Property Law | Date: | Hits: 88
Abdus Samad Akand and others Vs. Abdul Halim Miji and others, 1997, 26 CLC (AD)
....fere with the impugned judgment of the High Court Division. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 6. ...... ......rom the daughters and daughter-in-law of Abbas Miji by purchase and they are in possession thereof. The suit land is unspecified and vague. 5. The trial Court, without however discussing the oral evidence adduced by the plaintiffs, concluded that “the plaintiffs have been able to make out a ca..Category: Property Law | Date: | Hits: 83
Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)
..../বিভাগীয় মামলা নং-৫/১৬৩৩ dated 25-1-90 dismissing the said respondent from service was passed without lawful authority and of no legal effect. 2. Material facts of the case, briefly, are, that the said respondent was appointed as a Director of the Departm......ifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, 1997. Result: Th......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..Category: Employment/Service Law | Date: | Hits: 145
Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....idence as to from whom those were purchased or from where those were fabricated cannot deprive the plaintiff from recovering the price of the same from the defendant Nos. 1-5. 19. In the facts and circumstances and discussion made above we find merit in this appeal. In the result the ap......sp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. ......no shipping/ export bill was used/ sealed and signed by the master of the vessel and customs officer. So the plaintiff is not entitled to any decree in the suit. 4. After considering the evidence adduced by the parties learned Admiralty Judge dismissed the suit by the impugned judgment ..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29 (i) In the instant case new facts having not been introduced and by amendment facts already stated having been clarified and m......ly 9, 2000. The Union Parishad (Election) Rules, 1983, Rule 45 The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), Sections 26 and 29 (i) In the instant case new facts having not been introduced and by ame...... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....edecessor of defendant Nos. 2 to 6. The fact now alleged in the present suit was known to the plaintiffs Iron long before. These defendants in their sale deed to defendant No. 1 has clarified certain facts on wrong recording which cannot be construed as practicing fraud upon the court. In the earlie......Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and ......rt in the previous suit and obtained a favourable decree. 6. Dr. Kamal Hossain further submits that the plea of res judicata ought to have been agitated and decided at the time of trial on taking evidence which is not connected with the question of rejection of plaint under Order VII rule 11 of ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
..... 2. The material question that was for considering before the High Court Division was, whether a revision or writ petition will lie against an interlocutory order of Artha Rin Adalat. 3. The facts to narrate, in brief, are that, the plaintiff-Islami Bank Bangladesh Limited filed Money Suit ......R (AD) (2001) 9. ......1993 the case was fixed for argument and on that date time was taken. Subsequent thereto on 17-7-1993 respondents filed an application for recalling PW 1. The prayer was allowed. After closure of the evidence the case was fixed for argument on 7-8-1993. Again on 28-2- 1994 the case was argued in par..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petit......f examined 4 witnesses including her while defendants examined 3 witnesses including defendant No. 2 but defendant No. 1 did not depose in the suit. 5. The trial Court on consideration of evidence on record dismissed the suit on contest. The plaintiff took an appeal from the decree of th..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ome saw part of the incident. 12. In Criminal Appeal No. 6 of 1998 Khandaker Mahbub Hossain on behalf of Mahmudul Islam @ Ratan argued that the eye witnesses ought not to have been believed in the facts and circumstances of the case. Accused Ratan is involved in committing both the murder of accu...... Islam alias Ratan.......................Appellant Vs. State............................ ........................Respondent Judgment August 14, 2000. Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 of 1998 is dismissed. The Evidence Act, 18......Result: Criminal Appeal Nos. 26 and 27 of 1996 are allowed & Criminal Appeal No. 6 of 1998 is dismissed. The Evidence Act, 1872 (I of 1872), Section 5 Positive testimony of a witness and evidence of other witnesses who testified about the presence of that witness cannot be discarded for..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....peal by leave is directed against the judgment and decree dated 07.05.1997 passed by a single Bench of the High Court Division in 2nd appeal No. 143 of 1969 allowing the appeal. 2. Short facts are that Sajjad Ali and others had 8 annas share and Sharafat Ali and others had remaining 8 a......instructed by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10. Civil Appeal No. 10 of 1998 (From the Judgment and Decree dated 07.05.1997 passed by the High Court Division in 2nd Appeal No. 143 of 1969) ......session of the plaintiffs in the suit land. 5. On appeal by the defendant respondents the learned appellate court dismissed the appeal holding, inter alia, that there is no reliable evidence in support of the defendants case about taking settlement of the suit land by Yasin Ali fro..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... learned Sessions Judge, Pabna in Sessions Case No. 57 of 1992 convicting the petitioner under sections 302/34 of the Penal Code and sentencing him to suffer imprisonment for life. 2. The facts, leading to this petition, are that the informant, Md. Ishaque Ali Khan lodged FIR on 03-01-19......r Advocate, instructed by Azra Ali, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No. 128 of 2001. (From the Judgment and Order dated 16.01.2001 passed by a division Bench of the High Court Division in Criminal Appeal ......e High Court Division erred in law in not considering that the order of conviction and sentence is bad in law in view of the materials on record and that the prosecution withheld material evidence to establish the guilt of the petitioner and as such the trial court as well as the Hi..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....rous imprisonment for 14 ( fourteen) years and also the pay a fine of TK. 10,000/- (ten thousand) in default to suffer for 1(one) year more in Special Tribunal Case No. 18 of 1993. 2. The facts leading to the filing of this petition are that PW. 1 Kazi Abdur Rouf, officer in charge, Dham......eneral instructed by Md. Ahsan Ullah Patwary Advocate-on-Record- For the Petitioner Not Represented- Respondent Criminal Petition For Leave to Appeal No. 15 of 2001. (From the Judgment and Order dated 20-1-2000 passed by the High Court Division in Criminal Appeal No. 680 of 1994) ......ally held that the accused respondent is not guilty of the charge leveled against him. 8. The learned Counsel next argued that in view of the proper discussion and assessment of the evidence on record it is found that confessional statement of the respondent under section..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....e whole circumstances are proper for raising this estoppel, the party acquiescing cannot afterwards complain of the violation of his right." 24. It is clear, therefore, that the facts proved in a particular case may give rise to waiver and acquiescence and the appellant by his ......l Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and another.......Respondents Judgment December 18, 2002. Cases Re......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
....the Order of the trial Court dated 11-6-80 and the appellants who were petitioners before the High Court Division did not controvert such statements of said Yunus Talukder. It appears that those facts were lost sight of in the High Court Division, and the question of substitution of all the hei......d with costs. Ed. ...... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....by leave is directed against the judgment and order dated 13.07.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 1605 of 1998 discharging the Rule. 2. Short facts are that the appellant No. 1, a Public Limited Company and the appellant No. 2, Managing ......r the Appellants A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 323 of 2001 (From the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....ubsidiary examination of 2nd year B.Sc. "(Hons.) is illegal and without lawful authority and also directing the University to publish the result of the M.Sc. examination forthwith. 3. The facts leading to the leave petition are that in 1988 the respondent got himself admitted in Chittago......M. Zahir, Senior Advocate, (Subrata Chowdhury, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent Civil Appeal No. 134 of 2001 (From the Judgment and Order dated 16th May passed by the High Court Division in Writ Petition No. 1655 of 1999) &......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 154
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