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SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....be directed not to interfere with the peaceful possession of the petitioner in the case land, and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule, in brief, are: The petitioner is a limited company incorp......so Reported in: 57 DLR (2005) 267. ......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Monohar Joarder and others Vs. State, 2005, 34 CLC (HCD)
.... be convicted under section 304 part II of th Penal Code and other accused, against whom inflicting specific injuries could not be proved, ought to have been acquitted. 12. Placing all the above facts and circumstances of the case and materials on record, learned Advocate submits that the charg......orted in: 57 DLR (2005) 494. ......tional Sessions Judge, 1st Court, Kushtia on various grounds. Firstly, he submits that the accused appellants have been falsely implicated in this case and there is, in fact, nothing in the evidence on record that will object to kill the victim Asmat Ali these accused‑appellants were unl..Category: Criminal Law | Date: 15 Jan, 2005 | Hits: 3
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....tion of the order of status quo and a Miscellaneous Case was registered and the same was allowed and thereupon structures in the land were attached and, as such, in the background of the aforesaid facts even though there was no amendment of the plaint seeking mandatory injunction for restoration......ted in: 57 DLR (AD) (2005) 55. ...... The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of fact of the courts below having not suffered from any misreading or non-reading of the evidence or, in other words, any legal evidence was not left out in making the decision in the case..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....its that the appellate Court has reversed the findings of the trial Court on all points and has categorically observed that the Assistant Judge, the trial Court, has misconceived and misconstrued the facts of the suit. The learned Lawyer also submits that the agreement was duly proved and it was fil......Sikder (Md.)…………………………………………………Petitioner Vs. Gouranga Chandra Shil and others………………………&hellip......ing the grounds. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier opportunity i.e. at the time of admitting the document into evidence, the question of its admissibility cannot be raised at a subsequent stage……&h..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....nd another Vs. United Grain & Fodder Agencies, reported in 16 DLR (SC) 155 followed in the case of Nadira Rahman Vs. Sayed Amir Hossain, reported in 35 DLR 277 has no manner of application in the facts of the instant case wherein it has been held as under: “The Limitation Act does not...... Government of Bangladesh & others.................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Md. Swaleh and another Vs. United Grain & Fodder Agencies, 16 DLR (SC) 155; Nadira Rahman Vs. Sayed Amir Ho......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
....ure passed by the Magistrate in MR Case No.21 of 2003 and thereby dropping the proceedings, should not be quashed or any other order passed as this Court may deem fit and proper. 2. The relevant facts are that, the present petitioners as first party filed a petition on 30‑12004 under sec......Revisional Jurisdiction) Present: Khondker Musa Khaled J ABM Hatem Ali J Abdur Rahman Sikder (Md.).......................................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment January 10, 2005. ......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Badar Biswas & others Vs. State, 2005, 34 CLC (HCD)
....arned Additional Sessions Judge, Gopalgonj in Sessions Case No.54 of 2001 rejecting the prayer for withdrawal of the prosecution case against the petitioner should not be set aside. 2. The short facts involved in this case are that on 4‑7‑1999 at 13.30 hours one Asia Begum lodged an FIR wit......rs Vs. State ........................................................Respondent Judgment January 9, 2005. Result: The Rule is discharged. Cases Referred to- Sikander Ali Vs. State, 31 DLR (AD) 135; Abdul Hakim Chowdhury Vs. Ruhul Amin and State, 40 DLR 259; Ab......essions Judge, Gopalgonj for trial. The trial Court framed charge against fifteen charge-sheeted accused persons including the petitioners to which they pleaded not guilty and claimed trial. The evidence of P.Ws. was closed and the case was fixed for examination of, the accused persons under se..Category: Criminal Law | Date: 9 Jan, 2005 | Hits: 37
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
.... Nurul Amin and others.......Respondents Judgment January 5, 2005. The Evidence Act, 1872 (I of 1872), Section 120 Competency of a witness to prove facts in issue- Facts which are within the knowledge of suitors if they did not depose in a ......vil) Present: Md. Ruhul Amin J Md. Tofazzul Islam J Amirul Kabir Chowdhury J Lal Miah (Hajee)…..Appellant Vs. Nurul Amin and others.......Respondents Judgment January 5, 2005. The E......rchaser for value without notice of the agreement for sale in respect of the disputed property. 5. The trial Court dismissed the suit on the finding that from the consideration of the evidence on record it appears that there was a 'salish' while the SCC Suit No. 88 of 1980 was pendi..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....an and Rule of Criminal Miscellaneous Case No.8506 of 2002 at the instance of Md. Nasim having arisen from same first information report, charge-sheet and of Special Case No.73 of 2002 involving same facts, are taken up together for disposal and this judgment would govern both the Rules. 2. One...... in: 57 DLR (2005) 546. ......ode. The laws are not brown papers to be avoided. It is made for implementation and to be followed. These provisions could be avoided if the accused, on the admitted fact, could make out a case of no evidence and only in that case, section 561A of the Code could be invoked straight way. If the facts..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ...... Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ......ion must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the defendants from the sui..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... the learned Advocate appearing for the appellants, submitted that the High Court Division wrongly relied on the decisions reported in 34 DLR (AD) 267 and 36 DLR 90 which are not applicable in the facts and circumstances of the present case. The learned Advocate further submitted that the High C......er as to costs. Ed. ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
.... liable to be declared to have been made without any lawful authority. Here the principle laid down in 40 DLR (AD) 170 was again followed. In paragraph 7 of the cited case it has been observed in the facts of the case that the petitioner has acquired a legal right of being heard before any action is......sion (Special Original Jurisdiction) Present: Md. Awalad Ali J Md. Emdadul Huq J Altaf Hossain Golondas...................................Petitioner Vs. Bangladesh and others..................................Respondent Judgment December 14, 2004. Re......lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....al by leave is directed against the judgment and order dated 6‑8-1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1982 making the Rule absolute. 2. Short facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal shares a...... Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ......loan money and executed a receipt in favour of Tayebuddin on 5th Ashar 1344 BS and since then Tayebuddin Biswas was possessing the suit land for over 12 years. 4. Both parties adduced evidence both oral and documentary before the trial Court and on consideration of the materials on r..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
.... offence and both civil and criminal cases can run together, and the relief available in the civil Court does not stand as a bar to initiate a criminal proceedings if it is found by the disclosure of facts that there is distinct element of criminal offence in the matter………&helli......etitioner Vs. State & another............................................Opposite Parties Judgment December 12, 2004. Result: The Rule is discharged. Both civil and criminal cases can run together On the question of civil liability in the transaction, mon......f the Penal Code. Though the learned Advocate for the petitioner submits that it was a bona fide mistake on the part of the accused petitioner in sanctioning loan, it is a matter to be ascertained by evidence at the time of trial and see whether the petitioner accused had any dishonest intention in ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....as been filed by 3rd party petitioner Jamir Ahmed against the judgment and order dated 08.04.2003 passed by the High Court Division in Civil Revision No. 5422 of 2002 discharging the Rule. 2. The facts leading to the leave petition are that the respondent No. 1 plaintiff filed Other Suit No. 169...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Jamir Ahmed…………………Petitioner Vs. Siddique Ahmed Sowdagor and others...........Respondents Judgment December 12, 2004 Result: The leave petition i......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
.... appeal is directed against the judgment and decree dated 02.04.2003 passed by the Single Bench of the High Court Division in Civil Revision No. 2247 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted S.S.C. Suit No. 5 of 1992 in the Court of Senior Assistant ...... Vs. Md. Anwar Hossain & another.................Respondents. Judgment December 12, 2004 Result: The leave petition is dismissed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Md. Nowab Ali Advocate-On- Record- For the P......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....11-1995 passed by the learned Subordinate Judge, First Court, Gaibandha, in Misc. Case No.15 of 1995 rejecting the petitioner's case under Order 9, Rule 13 of the Code of Civil Procedure. 2. The facts involved for disposal of the rule are as follows: The predecessor of the opposite party N......……Opposite Party. Judgment December 7, 2004. Result: The Rule is made absolute. Cases referred to- Most. Johara Begum Vs. Rafiqul Kader, 25 DLR (HC) 91; Abdur Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162; Shari Ullah Patwary and others Vs. Jharna ......ismissed with cost. 4. Upon such pleadings of the parties the miscellaneous case was taken up for trial by the learned Subordinate Judge, First Court, Gaibandha in which both the parties adduced evidence in support of their respective cases. The learned trial Court upon considering the evidence..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
....s own wrong to the prejudice of other. In the instant case however we do not find that there was any wrong in allowing the prayer of the writ respondent extending the time of payment of salami in the facts and circumstances. We further find that the writ petitioner complying with the direction for m......m J
Amirul Kabir Chowdhury J
The Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Secretariat Building, Dhaka............ Petitioner
Vs.
Mrs. Momtaz Begum and another .....................Respondents
Judgment
December 4, 2004.
Result:
The lea......n view of the discussions made above we do not find any substance in this petition.
The leave petition, accordingly, is dismissed.
Ed.
This Case is also Reported in: 10 BLC (AD) (2005) 39.
..
Category: Property Law | Date: 4 Dec, 2004 | Hits: 82
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ional Attorney‑General, instructed by Mvi Md Wahidullah Advocate‑on‑Record-for the State‑Respondent. Criminal Appeal No. 23 of 1997. (From the judgment and order dated 18‑8‑1996 passed by the High Court Division in Criminal Appeal No. 235 o......iation of Taka 18,812.90 by the appellant in his capacity as Sub Registrar, Sadullapur Sub‑Registrar’s Office in the district of Gaibandha the appellant was prosecuted and after recording evidence the learned Divisional Special Judge convicted him as already mentioned above. Being aggrie..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
.... set aside the ex parte decree. In such a case, question of knowledge is not at all relevant and ex parte decree will be set aside even if the defendant had knowledge of institution of a suit. In the facts of the instant case, I am satisfied that the petitioner who was defendant No.3, was not served......site Party Judgment November 30, 2004. Result: The miscellaneous case is allowed. Case Referred to- Manager Jammu & Kashmir, State Property in Pakistan Vs. Khuda Yar and another, PLD 1975 SC 678; Abdul Rashid and another Vs. Abdul Barik and another, 35 DLR (AD) 162.......Advocate has referred to the unreported decision in Admiralty Suit No.37 of 1999 (Judgment delivered on 9‑8‑2004). The learned Advocate also submits that the petitioner is bound to show by cogent evidence as to when he came to know about the ex parte decree and to explain the delay in filing the..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
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