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Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....sumption and surmise; that the High Court Division without discussing the evidence of the prosecution witnesses and without considering the materials on the record came to the conclusion illegally in holding that they found no cogent ground to interfere with the judgment and order of acquittal passe......the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135...Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....n in Civil Revision No.4608 of 2004 and High Court Division by judgment dated 18-7-2005 taking view that in suit for Specific Performance of Contract 3rd party cannot be added, made the rule absolute holding that 1(a) to 1(e) are the heirs of Shamsul Kabir Humayun Reza of Mirpur and it appears that ......dant No.1 vide allotment letter No. DIT/Gulshan/2409 dated 2-3-1962 and it was registered between DIT and the principal defendant No.1 vide lease deed No.7198 dated 1-8-1962 and possession was handed over to the principal defendant No.1 who duly mutated in respect of the suit land his name and has p..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....esence of so many people was not corroborated by any other witness, particularly by Bacchu who was withheld by the prosecution. Thus, the learned Additional Sessions Judge committed error of law in holding that the statement of the P.W.14 is corroborative evidence in committing the murder. 73. ......mned prisoners. It is to be mentioned here that at the time of framing of charge condemned prisoners Apple, Lebu Miah and Shahin were on absconsion and after their arrest on 25-9-2005 charge was read over to them and all the condemned prisoners pleaded not guilty and claimed to be tried. 5. At th..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....is vague and indefinite and on this ground alone plaintiffs' prayer for recovery of possession is liable to be dismissed. He further submitted that Sirajbi Bibi is an admitted co‑sharer of the suit holding and on the basis of purchase from her in the year 1947 defendant Nos. 8 and 10 and their bro......judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule land of the plaint which is part of the 'A' schedule land. ..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....vidence of any oral statement shall not be given for contradicting, varying, adding to or subtracting from, the terms of the document. In view above, the High Court Division is perfectly justified in holding that there is no ambiguity with respect to the area of land transferred by the deed 10th Dec......Court will take notice. When a plaintiff is taking a plea of fraud must specifically plead and prove the same. Although 'undue influence', 'fraud', 'misrepresentation' are cognate vices may, in part, overlap in some cases, they are in law distinct categories, and are in view of Order 6 Rule 4 read w..Category: Property Law | Date: | Hits: 49
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....) held by him, with reference to a Nathi No. " দুদক/১১৮-২০০৭ (অনুঃ২)" it has been transpired that in between 01.01.1999 to 31.12.1999, while the accused petitioner was holding office as the Minister for State of the Youth, Sports and Cultural Affairs and also as the C......ed-petitioner, when Mr. Ahmed Abdul Gani, another Assistant Director of the Sports Council, was also accompanying him. That, on 20.05.1999 another amount of Tk. 7,00,000/- (seven lac) was also handed over to the accused petitioner by Md. Habibur Rahman himself, in the office of the accused petitione..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....orban Ali by a registered kabala dated 5.3.1973 who subsequently sold to the petitioner by a registered kabala dated 30.1.1974 and handed over possession and the petitioner became owner in the case holding as a co-sharer by inheritance as well as purchase. The opposite party Nos.2 and 3 mortgaged......ion and Tenancy Act, 1950 for preemption of the case land against the present petitioner as opposite party No.1. 3. The case of the petitioner, Sona Mia (since dead) in brief was that the lands covered by Settlement Khatian No.47 originally belonged to Zamindar Ayub Ali Chowdhury and the same w..Category: Property Law | Date: | Hits: 91
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....: "The question whether any sanction was required for the prosecution of a public servant who was not a public servant at the time when the prosecution was started against him his been answered by holding that in such a case sanction for prosecution was not necessary." 19. Third point agitated...... DLR (SC) 26; Sheikh Mujibur Rahman and another Vs. State, 15 DLR 549; Nazir Hossain Shah Vs. State, 17 DLR (SC) 26; Nazir Hossain Shah Vs. State, 17 DU (SC) 26; Zakir Hossain Vs. State, 28 DLR 452; Government of the People's Republic of Bangladesh Vs. Divisional Special Judge, Khulna Division and a..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....ommission illegally and without any jurisdiction issued an order which cancelled the election result of ward No.3 of Musapur Union Parishad and directed the Returning Officer to take proper steps for holding fresh poll by the impugned order, the legality of which is now being challenged before us. ......D) (1993) 530. ..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....se as the facts are quite different. In the said case the plaintiff filed an ejectment suit against the sole defendant claiming her to be a temporary monthly tenant and alleged that the defendant was holding over the property even after the expiry of the lease. The defendant denied a landlord‑tena......na fide requirement of the premises he served a notice under section 106 of the Transfer of Property Act, terminating the tenancy from July, 1978. The defendant received the notice yet failed to hand over the vacant possession of the suit land. Hence the suit. 4. The defendant opposite party No.2..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....he Code of Criminal Procedure, the special case should be tried as per the procedure laid down by the special law and the special law would get preference to the general law. 18. The provision for holding trial in absentia has been laid down in section 27(6) of the Special Powers Act, 1974, which......d a hue and cry. On hearing the hue and cry, the neighbours came forward to the place of occurrence but the sister of the informant was found missing. Subsequently, the sister of the informant was recovered from near the temple situated at Balaganj area. After recovery, the victim disclosed that the..Category: Criminal Law | Date: | Hits: 86
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
....t Judge, Kashba, Brahmanbaria, praying for a decree for simple declaration of title in the suit land. 4. The trial court on consideration of the materials and evidence on record dismissed the suit holding, amongst others, that the plaintiff No.2 by filing a compromise petition relinquished h......cific Relief Act. The learned trial Court further held in his judgment that since P.Ws.2 and 3 admitted the possession of the defendant in the suit land the plaintiff ought to have been sought for recovery of khas possession as consequential relief. But the plaintiff instituted a simple suit for dec..Category: Property Law | Date: | Hits: 94
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....The learned Judges on consideration of the materials placed on record found that the learned Tribunal Judge upon calculating the quantity of the ammunition came to the finding that the petitioner was holding excess quantity of ammunitions then the license allowed, but this court finds that while the...... rule absolute have not appreciated correctly that the proceeding against the accused involves information from reliable source and the informant being A.S.I, with his force along with joint force recovered huge arms and ammunitions from the residence of the convict respondent and after conclusion o..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....entioned above. The said Annexure-2 itself proved that the impugned orders were issued illegally. No departmental proceeding was instituted against the petitioners. Before finding them guilty without holding any departmental enquiry there is no scope to say that the petitioners are dishonest, corrup......n No.2382 of 2009) Md. Abdul Gaffar Chowdhury and others………...Respondents (In Civil Petition No.2383 of 2009) Judgment December 14, 2009. Cases Referred To- Abdur Rashid Vs. the Government of the People's Republic of Bangladesh and others, 31 DLR, 233; Md. Ferdous Chowdhury Vs. ..Category: Employment/Service Law | Date: | Hits: 47
....e 1298 of the report that the decisions of the English courts did not accept the view of Denning, J. in Robertson case. The House of Lords in Howell's case disagreed with the view of Lord Denning, J. holding that there could not be an estoppel against express provisions of the law nor could the Stat......ders and the Directors of M/s. Drums Metal Limited were Pakistani nationals. On emergence of Bangladesh the said company was declared abandoned one under President's Order No.16 of 1972 and was taken over by the Government of Bangladesh with all its assets and liabilities and was placed under the ma..
Category: Property Law | Date: | Hits: 92
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....tachment before judgment on furnishing security for the equivalent amount was filed by defendant in court. The learned Subordinate Judge, however, rejected the application vide his order dated 4.6.90 holding that the defendant had not specified the security he was willing to offer. Another applicati......M/s. A Elahee & Co represented by its proprietor Md. Ishaque, 366, Strand Road, Majhirghat, Chittagong on the allegation that defendant petitioner M/s A Elahee & Co. who was engaged by the Government to carry Urea of Fertilizer Factory Ltd. to the jetty and other places by road/railways en..Category: Civil Law | Date: | Hits: 104
Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....extinguishment of interest of raiyats in certain cases in section 92 of the SAT Act which runs thus: 92. Extinguishment of Interest of Raiyats in certain cases.—(1) The interest of a raiyat in a holding shall be extinguished— (a) When he dies intestate leaving no heir entitled to inherit u......e to the Rule are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. The plaintiff in the plaint ha..Category: Procedural Law | Date: | Hits: 72
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
....ultana J. - This appeal has arisen out of a judgment and order dated 5-2-2002 passed by the High Court Division in Contempt Petition No.03 of 2001 arising out of Trade Mark Application No.1 of 2001 holding the appellant guilty of the Contempt of Court and sentencing him to pay a fine of Taka 2,000...... appeal to contest. However, we have heard Mr. Abdul Basel Majumder, the learned Senior Counsel for the appellant. Mr. Majumder has made submission to the effect that this appellant is a responsible Government Officer who served as a Magistrate, First Class also and he has high regards for Courts an..Category: Intellectual Property Law | Date: | Hits: 270
....tions made in that judgment:
“We have examined section 13 of Artha Rin Adalat Ain, 2003. This section has conferred power or jurisdiction upon the Artha Rin Adalat to dispose of the suit without holding trial only when the defendants admit the claim of the plaintiff financial institution. When ......pecial Original Jurisdiction)
Present:
Md. Emdadul Huq J
Md. Abu Zafor Siddique J
Mr. Md. Enayetur Rahman and others………………………………………petitioners
Vs.
The Government of People’s Republic of Bangladesh and others…………Respondents
Judgment
June..
Category: Civil Law | Date: | Hits: 147
State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)
....e Druta Bichar Tribunal acted illegally in convicting the accused-Saiful Islam and A. Jalil relying upon the confessional statement of accused-Ashraf Ali and the learned Tribunal also erred in law in holding that the circumstance of absconsion is a corroborative evidence of confessional statement an...... told that Hasan and Mamtaz gave Tk. 2, 00,000/- to them. He received Tk.1, 00,000/- prior to the occurrence and after 12 days of the occurrence he received Tk.10, 000/-. Thereafter Ashraf was handed over to police. This witness identified accused-Ashraf on dock and also identified the material exhi..Category: Criminal Law | Date: | Hits: 82
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