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Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being......ction 100 of the Code of Civil Procedure does not authorise the High Court Division to disturb finding of fact of the Court of appeal below, the final Court of fact, arrived at on appreciation of the evidence…....................(23) Cases Referred to- Madan Gopal & ors Vs. Maran Bep..Category: Procedural Law | Date: | Hits: 112
Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)
....its. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The petition is dismissed. Ed ......bsp; (Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhak......f has been controlling the possession of the suit property after its allottee vacated the same. The plaintiff has not stated anything regarding the present possession of the suit property in its evidence. Its alleged lessees defendant nos. 1-5 filed a written statement but did not contest the c..Category: Property Law | Date: | Hits: 45
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....e defendant Md. Safiullah unsuccessfully contested the suit up to the appellate stage and in his presence Title Suit No. 90 of 1986 was decreed declaring plaintiff's title in the suit land. These facts are not disputed. The trial Court in the judgment of Title Suit No. 90 of 1986 stated tha......b Hossain, Advocate-on-Record- For the appellant Dr. Rafiqur Rahman, Senior Advocate, instructed by Md. Serajur Rahman, Advocate-on-Record- For the respondent. Civil Appeal No. 41 and 42 of 2000. (From the Judgment and Order dated 19.03.1998 passed by the High Court Division in ......upheld up to the appellate stage and the decree stands still valid. 8. In the above facts and circumstances we are of the view that the High Court Division on a wrong approach to the facts and evidence and materials on record arrived at an erroneous decision and made the Rule absolute and the..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
.... appeal by leave is directed against the judgment and order dated 23.08.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1998 of 1999 making the Rule absolute. 2. Short facts are that the predecessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Tit......ey Alam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3 Not represented- Respondent No. 4 Civil Appeal No. 72 of 2003 (From the judgment and order dated 23.08.2001 passed by the High Court Division in Civil Revision No. 1998 of 1999.)&nb......r purchase by unregistered deed (initially) and then oral purchase (the 2nd case) in 1353 B.S. is a myth. 16. The trial court further observed that the D.W.I, Md. Jahiruddin Mondal in his evidence stated that his father Uzir Mondal excavated a pond in the suit land in 1349 B.S. whereas i..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......w. No order as to cost. Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....d against the judgment and order dated 06.11.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 2999 of 1999 discharging the Rule. 2. Short facts are that the above writ petition was filed impugning the order of the respondent No. 1 herein ......sp; Abdus Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) ......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
.... leave to appeal against the judgment and order dated 11.04.2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 2179 of 1994 discharging the Rule. 2. The facts leading to the leave petition, in short, are that the petitioner was officer-in-charge of Na......, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record- For the petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 124 Of 2001 (From the Judgment and Order dated 11.04.2000 passed by the High Court Division in Criminal Miscellaneous Case No. 2179......rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 94
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....e High Court Division in Criminal Appeal No. 2897 of 1999 allowing the appeal thereby acquitting the accused respondent of the charge under Sections 328 and 420 of the Penal Code. 2. The facts disclosed in the leave petition, in short, are that P.W.1 A. K. M. Amirul Alam and employ...... by Mr. B. Hossain, Advocate-on-Record-For the Petitioner Not represented-the Respondent. Criminal Petition For Leave To Appeal No. 106 of 2001. (From the Judgment and Order dated 23.10.2000 passed by the High Court Division in Criminal Appeal No. 2897 of 1999). ......nce of the prosecution witnesses for some artificial reasons not warranted by law. 6. He further submits that the 'Halafnama' and Angikarnama Exts. 9 and 10 having been admitted in evidence legally, the High Court Division erred in law in discarding the said documentary evide..Category: Criminal Law | Date: | Hits: 92
Panna Biswas Vs. State, 2006, 35 CLC (AD)
.... 06-04-2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 879 of 1998 under 561A of the Code of Criminal Procedure discharging the Rule. 2. The short facts, leading to this Criminal Petition, are that one Md. Abdul Matin Biswas son Abdul Latif Biswas......nbsp; Lawyers Involved: Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent. Criminal Petition for Leave to Appeal No. 49 of 2001 (From the Judgment and Order dated 06-04-2000 passed by the High Court Division in Criminal Miscellaneous Appeal No. 87......ed Advocate-on-Record, appearing for the petitioner, submits, inter alia, that the High Court Division without considering the evidence illegally convicted the petitioner and there is in fact no evidence. 6. We have considered the submissions made by Mr. Nowab Ali, Advocate-on-Record, an..Category: Criminal Law | Date: | Hits: 89
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....ity passed the impugned order. 5. We have heard the learned Advocate-on-Record and perused the impugned Judgment of the High Court Division. The High Court Division having considered the facts and circumstances of the case found that the specific allegation of snatching away was mention......din Chaklader, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed by the High Court in Criminal Miscellaneous Case No. 5869 of 20......greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 81
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....eal No. 57 of 2002 dismissing the appeal and upholding the judgment and order dated 20.06.2002 passed by the Administrative Tribunal, Dhaka in Administrative Tribunal Case No. 196 of 2000. 2. The facts, in brief, leading to the leave petition are that the respondent was a Senior Principal Office...... Mohammad Fazlul Karim, J Amirul Kabir Chowdhury J Janata Bank, represented by its Chairman, Board of Directors, Janata Bank, 110, Motijheel Commercial Area, Police Station Motijheel, Dhaka and others..........Petitioners Vs. Mr. Khalilur Rahman...................Respondent Judgm......ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 83
Srwardi Shaikh and others Vs. The State, 2006, 35 CLC (AD)
....arge-sheet against 25 accused-persons including the present petitioners under sections 302/34 of the Penal Code. 4. The trial court, upon consideration of evidence on record and under the facts and circumstances of the case, found the petitioners guilty of the offence for Commission......ppeal is dismissed. Ed. ......ation and thereafter submitted charge-sheet against 25 accused-persons including the present petitioners under sections 302/34 of the Penal Code. 4. The trial court, upon consideration of evidence on record and under the facts and circumstances of the case, found the petitioners gui..Category: Criminal Law | Date: | Hits: 99
Mazid Sheikh @ Mazid and others Vs. The State, 2006, 35 CLC (AD)
....uld not be proved beyond all reasonable doubt. The points raised merit consideration. Accordingly leave is granted. Preparation of paper book is dispensed with as prayed for. Ed ......d ......quest of the villagers but the accused persons bore grudge in their mind against Shahajuddin and to feed fat grudge they killed the husband of the informant and in order to cause disappearance of the evidence of offence, they kept the dead body in the jute field. 4. The police after investiga..Category: Criminal Law | Date: | Hits: 121
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....d (P.W. 6) in the case immediately after the occurrence. But the same has not effected the prosecution case materially because of the other evidence on record. 15. Therefore, in the facts and circumstances of the case and in the light of our above discussion, we are of the vie...... August 14, 2004. The Penal Code, 1860 (XLV of 1860), Section 324 In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of s......he upholding of conviction can not be sustained and also the submission that the High Court Division merely on surmises and conjectures and in a very slip shod manner and without considering the evidence on record dismissed the appeal modifying the order of conviction and sentence passed b..Category: Criminal Law | Date: | Hits: 95
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
.... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ...... (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Shaw Wallace Bangladesh Ltd..........Appellant Vs. Abdul Hakim and another..........Respondent Judgment 28th July 2004 Lawyers Involved: Abd......howdhury, learned Advocate for the petitioner, submitted that the High Court Division was wrong in not holding that the judgment of the Labour Court (Annexure-H) has been passed in the absence of any evidence, oral or documentary whatsoever, to prove that respondent No. 1 was in the permanent e..Category: Labour and Industrial Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....g aggrieved by judgment and order dated 31.07.1997 in Civil Revision No. 1730 of 1992 passed by a Single Bench of the High Court Division the defendant appellants preferred this appeal. 2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of......y order as to costs. Ed. ......el, appearing on behalf of the respondent No. 1 submits, inter alia, that Amir Ali, the predecessor in interest of the plaintiffs was admittedly the owner of the property and that there being no evidence of any right, title or possession of the defendants, the learned Single Judge of the High C..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ......t Appellate Division (Civil) Present: Mahmudul Amin Choudhury C J Mohammad Gholam Rabbani J Mohammad Fazlul Karim J Jobayer Hossain and others.......Appellants Vs. Noor Hafez and another............Respondents ......e and merit of the suit in its revisional jurisdiction and wrongly reversed the decision of the Courts below and that both the trial Court and the appellate Court upon proper appreciation of the evidence, oral and documentary, concurrently found that plaintiffs are in possession of the sui..Category: Property Law | Date: | Hits: 43
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
.... of 1999 and 4472 of 1999. As common question of law and fact is involved in all these petitions these were heard together and are disposed of by this judgment which shall govern all. 2. Short facts are that the writ petitioners that is respondents in all these civil petitions for leave ......Advocate-on-Record-For the Petitioner (in all the cases) Not represented-Respondent (in all the case) Civil Petition for Leave to Appeal Nos. 898-902- of 2002. (From the Judgment and order dated 03.03.2002 passed by the High Court Division in Writ Petition Nos. 3142 & 4469-4......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....e been filed under section 33 read with section 30 of the Act but instead of that they have filed an objection under section 16 read with section 31 of the said Act which is not tenable in law in the facts and circumstances of the case. The learned Subordinate Judge further observed that even i......pellate Division (Civil) Present: Syed J. R. Mudassir Husain, C.J. Mohammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, G...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....ision acted without jurisdiction in issuing the Rule in the writ petition only to grant interim order of injunction to the writ petitioners. It was also the contention that in the background of the facts that another Division Bench of the High Court Division by the Judgment on November 24, 1998 di......vision (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Muj......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
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