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Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......that the suit as framed was not maintainable and the plaintiffs have no cause of action to file the suit. The case of the contesting defendants was that defendant No. 1 took settlement of the land from Bishnupada and got possession, that the land was wrongly recorded in the name of the defen&sh......and, that defendants have no possession in the land in suit, that the dakhilas filed by the defendants in support of their claim of taking settlement have not been proved by the competent independent and disinterested witness and as such no reliance can be placed on these dakhilas,......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......k Branch (intelligent Unit) Sylhet, filed an application to the Additional Superintendent of Polite, Special Police Establishment, Bangladesh Bank Branch, Dhaka, stating, inter alia, that from secret source it was learnt that petitioner No.1 was "running currency racketeering ......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......telligent Unit) Sylhet, filed an application to the Additional Superintendent of Polite, Special Police Establishment, Bangladesh Bank Branch, Dhaka, stating, inter alia, that from secret source it was learnt that petitioner No.1 was "running currency racketeering business by..Category: Criminal Law | Date: | Hits: 51
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......ted. 6. Section 77 is to be understood in the light of other provisions of this Act. Part XII deals with cases on refusal of registration. Section 72 provides for an appeal to the Registrar from orders of Sub-registrar refusing registration on a ground other than denial of execution ......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ..Category: Property Law | Date: | Hits: 25
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ...... the Supreme Court Rules are applicable in case of a review by the Appellate Division of the Supreme Court. Rule 26 prescribes 30 days for filing a review petition. The power to review is derived from the Constitution, so this power cannot be restricted in any manner whatsoever except by what ha...... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......ce of East Pakistan vs. Mehdi Ali Khan (1959) 11 DLR (SC) 318=PLD 1959 (SC) 423 Cornelius J as he then was, dealt with the Pakistan Supreme Court's power to review. In making a brief reference to the source of the Supreme Court's reviewing power, Cornelius J ruled out adherence to technicality of ..Category: Constitutional Law | Date: | Hits: 149
Amir Hossain Howlader & ors. Vs. State, 1984, 13 CLC (AD)
....ll the five accused have been convicted of murder. 5. Mr. Moazzem, Hossain, learned Deputy Attorney General, has pointed out certain circumstances which, in his opinion, provide sufficient corroboration to the confessional statement of the co-accused Sattar and as such the conviction of ......Code, keeping in view the legal position that the statement of a co-accused under section 30 of the Evidence Act is not evidence as defined in section 3 of the said Act. 2. This arises from an order dated 20 January 1983 of the High Court Division, Jessore Bench, maintaining the Add......ertainly keep evidence of his crime by hanging the dead body in or near his own house. The confessional statement of a co-accused shall not be used as the sole basis of conviction in the absence of independent corroborative evidence………………. (8,10) C......ot guilty of the murder and are acquitted with a direction that they be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 139. ..Category: Criminal Law | Date: | Hits: 63
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......27 of 1998. (From the Judgment and order dated 31st August, 1997 passed by the High Court Division in Writ Petition No. 41 of 1993). Judgment Md. Ruhul Amin J.- This appeal, by leave, is from the judgment and order dated August 31, 1997 passed by the High Court Division in Writ petition......so urged in the case the right created under Section 53A of the Transfer of property Act is a right created under a positive provision of a statue and not a right arising from mere contract or equity independent of statutory provision as such is a protected right. 24. In the above mentioned case...... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371...Category: Property Law | Date: | Hits: 40
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......he Judgment and Order dated 8 July 1980 passed by the High Court Division, Dhaka in Reference Application Nos. 12-16 of 1977). Judgment Fazle Munim CJ.— These five appeals arise from Reference Application Nos. 12 to 16 of 1977 under section 66(1) of the Income-tax Act. The Jud......rofits and gains cannot properly be deduced there from, then the computation shall be made upon each basis and in such manner as the Income-tax Officer may determine." ......uot;interest on Government securities" under section 8, (ii) Income from "business" under section 10 and (iii) income from "interest on Mortgage" under the head "other source" under section 12 of the Income-tax Act. Appellant's further contention was that t..Category: Fiscal/Taxation Law | Date: | Hits: 102
Akbar Ali and others Vs. Mosammat Rabeya Sultana (Koli) and another, 2007, 36 CLC (AD)
.... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ...... accused petitioners and others assaulted her and her husband threatened to divorce her. The accused petitioner No.1, after the abortion, was living with her and took Tk. 10,90,590/- from her father. The accused petitioner No. 1 left for Australia with the aforesaid money and furth...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ...... In view of our discussions as above we find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 355. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Saheb Ali, 2008, 37 CLC (AD)
....t extra-judicial confession of the respondent was not corroborated by any independent witness. The position of law is that extra-judicial confession to be relied upon requires independent corroboration. But in the instant case such independent corroboration is totally absent. 9. ......rence and allowing the jail appeal and thereby acquitting the respondent. 2. Prosecution case, in brief, is that on the night following 19.09.1998 Mozammel Huq alias Kakor was returning from the market after purchasing two heads of cattle. When he reached a field at a place call......calendar 19.08.1998 in confessing his quit." 8. We have considered the materials on record. It appears that extra-judicial confession of the respondent was not corroborated by any independent witness. The position of law is that extra-judicial confession to be relied upon r......Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 343. ..Category: Criminal Law | Date: | Hits: 45
State Vs. Md. Jalal Miah and another, 2008, 37 CLC (AD)
....risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......on of sentence of death to imprisonment for life. 2. The prosecution case, in short, is that the informant, a cousin of deceased Sudhan, on 28.02.2000 at about 11.3 P.M. hearing hue and cry from the house of the deceased went there and found the dead body lying near the latrine wit bleedi......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ......risonment for life. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 341. ..Category: Criminal Law | Date: | Hits: 51
Abu Sayeed Sheikh alias Abu Sayeed and another Vs. State, 2008, 37 CLC (AD)
....here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ......here is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 338. ..Category: Criminal Law | Date: | Hits: 38
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......n 26.04.2004 the pension’s scheme rule of respondent No. 2 was approved by the Government of Bangladesh and it was duly published in the official gazette on 21.12.1995. The petitioner retired from service and he was granted pension by the office order dated 15.01.1998 and he was drawing pen......sion scheme on the condition that each employee has to make a clear option whether he or she wants to take pension benefit or gratuity. The petitioner opted for taking pension benefit. In 1990 the independent River Research Institute (RRI) was established. The petitioner along with 176 officers ......f the petitioner is governed by the provisions of the Probidhanmala, 1998. The RRI was declared a statutory body by promulgating the River Research Institute Act, 1990. The Ministry of Water Resources by its Memo dated 12.04.1997 informed respondent Nos. 1 and 2 that 14 officers and emp..Category: Employment/Service Law | Date: | Hits: 92
Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 62
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......n No. 405 of 1998 (Dhaka) /Civil Revision No. 242 of 1998 (Rangpur). Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by a third party-added defendant-appellant is from the judgment and order dated 6.8.92 passed by a learned Single Judge of the High Court Divisio...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ...... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......n the schedule to the plaint. This land originally belonged to one Sarojini Chowdhurani in Khas. It is the case of the plaintiff that between 1331 B.S, and 1332 B.S. he took settlement of the land from the said owner on different dates paying usual nazar and rents, but Harop Ali, predecessor-in-......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......132 bearing an area of .69 arces of Mouza Napladi, and that the S.A. Records were wrongly published. Sometime after filing of the said suit the plaintiff amended the plaint by omitting plot No. 759 from the plaint. Subsequently on 16.10.94, the said Askar Ali, appellant No. 1 together with his so......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ..Category: Property Law | Date: | Hits: 27
Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)
.... provisions of section 338 of the Code of Criminal Procedure have not been legally complied with and the High Court Division failed to consider the evidence of the approver without any independent corroboration in view of the provisions of section 114(b) of the Evidence Act and as such the convi......hat No. 5, Khulan and Ershad Ali Sikder, Nazem Sarder, Faruque @ Jamai Faruque, Harun @ Tunda Harun, Shaheb Ali Talukder and others in a planned way killed Jaynal Khan by gun shots, calling him out from his dwelling house and Sahida, Kadbanu, Rafiqul Islam and Safiz Begum were eye witnesses ......ration; that provisions of section 338 of the Code of Criminal Procedure have not been legally complied with and the High Court Division failed to consider the evidence of the approver without any independent corroboration in view of the provisions of section 114(b) of the Evidence Act and as su...... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ..Category: Criminal Law | Date: | Hits: 45
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......e respondent No. 8 herein the Government of Bangladesh to deliver possession of the Plot No.3/1, Block-A, Lalmatia Housing Estate to the respondent Nos. 1-7 herein and to remove all obstacles therefrom within 90 days from the judgment. 2. Respondent Nos. 1-7 as writ petitioners moved the ......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ..Category: Property Law | Date: | Hits: 30
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ...... respondent Mst. Shiuli Begum filed Case No. 16 of 1987 in the Court of Settlement stating, inter alia, that holding No. 20/10, Tajmahal Road, Block-C, Mohammadpur, Dhaka was taken settlement from the Government by Ghalib Hossain for 99 years by a lease deed dated 15.2.1968 wherein the less......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ......499 of 1987 is hereby set aside and the Rule earlier issued in this Writ Petition is hereby discharged. No order as to cost. Ed. This Case is also Reported in: II ADC (2005) 27. ..Category: Property Law | Date: | Hits: 37
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......e appellant and Mr. M. Khaled Ahmed, the learned Advocate-on-Record for the respondent No.3 and perused the judgment of the High Court Division and other connected papers on record. 7. It appears from the record that the decretal amount was at Tk. 18,07,373/- and the mortgaged property namely Ru......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177...... revealing a fraud on the Court. Even if Dharam Singh has no locus standi, the Court has an ample reserve of inherent powers to satisfy itself suo motu that its process has been abused. Because the source of information happens to be a person who has no locus standi, the Court cannot close its e..Category: Civil Law | Date: | Hits: 92
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