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Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......ute. 2. The petitioner filed Title Suit No. 41 of 1986 in the Court of learned Assistant Judge, Sadar, Jessore praying for permanent injunction and also for eviction of the defendant No. 3 from a portion of the suit land on the averments, inter alia, that the suit land was acquired by th......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......igh Court Division in Writ Petition No. 939 of 1997 making the Rule absolute. 2. Short facts are that the writ petitioner filed the above mentioned writ petition for release of 6.42 acres of land from plot Nos. 178,205,206,224, 247,221, 220,214, 199,183, 204,219, 213,211,212,217,218,246,226,215 ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......l citizens of Bangladesh who comply with the terms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right to form an association he cannot claim any right or protection under Article 38 of th......shad and other nominated Government functionaries. 4. The appellant's grievance, as made out in the petition, is that by the impugned Act and actions pursuant thereunder the basic character of an independent, neutral, impartial and voluntary non-governmental humanitarian body as envisaged by t...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......for grant of a testimentary paper. This judgment was given by Mokherjee and Guha, JJ. and one of them was party to the decision in the Brindaban Chandra Shaha's case and it was found that a purchaser from an heir after the death of the testator has a locus standi. Next Haripada Shaha and another Vs.......imed any interest in the estate of the deceased dependent of the testator and though a third party. Nor has she set up title adverse or paramount to the title of the testator. Her claim is not also independent of the Will as she claims through the executant of the will. At least, she has a possibi......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....eading to his death is substantive evidence under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for conviction even without corroboration. A dying declaration may be recorded by any person who is available and it may be writ......6 of the Penal Code taking the ground that it has been based only on a dying declaration recorded by a Police Officer. The Sessions Judge convicted her by judgment dated 23 July 1984; her appeal therefrom has been dismissed by the High Court Division by the impugned judgment dated 4 February 1988, i......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......ntly stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so: (d) where the suit appears from the statement in the plaint to be barred by any law:" 24. In consider......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......and order dated 21.06.2005 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1716 of 1994 allowing the appeal in part, altering the order of conviction of the petitioner from Sections 302/34 of the Penal Code to Section 304 Part-I of the Code and modifying the sentence......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......s made in the writ petition and stating inter alia, that a meeting of the Selection Committee of the Board was held on 25.11.1997 for the purpose of recommending names of employees from amongst the listed employees of the Board for promotion to the post of Section Officer and oth......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......nik and the recording of Monindra's name as tenant of the disputed land and sale set aside Case No. 319 of 1960-1961 are all managed collusive and fraudulent and that the purchase of the respondent from Monindra in 1997 is void and inoperative inasmuch as the land in dispute had been acquired lon......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ......iage the informant lived with the accused petitioner peacefully for few days and thereafter the accused petitioner demanded dowry to TK. 10, 000/- and asked the informant to fetch the above amount from her mother. Then the mother of the informant, who is a poor lady, assured the petitioner that ......, the learned counsel appearing for the accused petitioner submits that the trial Court passed the order of conviction only on the basis of the evidence of the informant and her mother and no other independent witnesses were examined and the learned Session Judge as well as the High Court Di......pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 38
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....s liable to be set aside. It is further submitted that the learned Judges of the High Court Division failed to consider that it is not safe to base conviction on retracted confession alone without corroboration in material particulars in support of the guilt of the accused in the instant ca......l No.772 of 1993) Judgment: Syed J. R. Mudassir Husain J.- This is an appeal by leave from the judgment and order dated 14-11-2000 passed by a Division Bench of the High Court Division ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ....... 2. The facts revealed in the leave petition, in short, are that the on 06.02.1984 one Shukur Ali, brother of Sabdar Ali P.W.1 along with his cousin Moslem (P.W.11) were cleaning weed from their land and after completing the work while they were returning there from at about 2/2. 30......ed judgment is liable to be set aside. 6. He then submits that there is no evidence as to what was the place of occurrence nor the witnesses examined by the prosecution were as all independent and it was found as such by the Sessions Judge while acquitting the petitioners and in ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......so gifted by the Zamindar, that the defendant No.5 i.e. local Tahshilder taking advantage of the wrong record of right in the name of the Government threatened the plaintiff to dispossess him from the land in suit, that wrong recording of the land in the name of the Government has clouded h......prepared in the name of the plaintiff's father or in the name of the plaintiff, that there is no evidence that on the basis of the deed of gift plaintiff's father went into possession, that no independent witness has been examined by the plaintiff to prove his case. On the aforesaid finding......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... a widow, that Mobarak died leaving plaintiff Nos. 1-5 that the plaintiffs Nos. 6-10 are the heirs of Daraj Ullah's another son and daughters, that the plaintiffs acquired the land by purchase from the heirs of Daraj Ullah and possessing the same, that at one time land in suit diluviated bu......Tenancy Act (SAT Act), that plaintiffs have proved their case by the Ext.1 i. e. kabalas. As against the judgment and decree of the trial Court the defendant went on appeal. The appellate court on independent consideration of the evidence of the parties arrived at the findings that the plai......er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ...... is fixing the value @ U.S of 2.10 per sheet, the writ petitioner respondent by opening Letter of Credit dated 13.07.1999, imported 5600 sheets of Hard Board of similar size that is 8' x 4'x2. 5mm from Thailand and after the arrival of goods submitted bill of entry for assessment of customs duty......o be the normal price which they would fetch on the date referred to in section 30, that is the dale of submission of the bill of entry, on its sale in the open market between a buyer and a seller independent of each other. However where in exercise of power under section 25(7) of the Customs Ac......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......family. Basanta Kumar gave pattan of 5.52 acres of land appertaining to C.S. Khatian Nos. 574 and 343 of Mouza Ekbarpur, Police Station-Pirganj, District-Rangpur to the plaintiffs on various dates from 1348 B.S. to 1353 B.S. The plaintiffs are in possession of the same by paying rent regularly. ...... purpose of the suit and therefore that the High Court Division committed an error of law in setting aside the judgment of the court of appeal below without reversing the findings that there is no independent evidence that Basanta Kumar accepted the Kabuliayat executed by the plaintiffs and also......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......iyab Ali on 10th Baisakh, 1357 B. S. and in his name S. A. record was prepared and he possessed the land on payment of rent to the Government. Plaintiff by the kabala dated August 6, 1963 purchased from Taiyab Ali 41 decimals of land and out of that 14 decimals were acquired by C & B Departm......he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......eved the defendants' contention of taking settlement from Charubala by Nurul Islam being fictitious since period in which Nurul Islam said to have taken settlement he was a mere child and he had no source of income and moreover the fact of taking settlement was not proved by calling competent wi..Category: Property Law | Date: | Hits: 48
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......ench of the High Court Division in Writ Petition No. 202 of 1990 discharging the Rule. 2. The writ petition was filed impugning legality of the order dated 3.12.1989 retiring the appellant from the service of the Bangladesh Biman Corporation on completion of more than 25 (twen...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ...... before. 13. One of the absconding convicts i.e. Abdus Salam Molla, surrendered and filed appeal along with Wahed Khan i.e. Criminal Appeal No. 2990 of 2002, and other convict Rabiul filed appeals from jail as stated hereinbefore. The death reference and the appeals were heard together and were......s tried with the confessing accused excluding confessional statement altogether and to see whether evidence so marshalled if believed a conviction could safely be based on it and if Court finds--that independent of confession conviction can be based on the evidence marshalled then it is not required......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ..Category: Criminal Law | Date: | Hits: 63
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......rtnership firm and found on evidence that the respondent still continued as partner and he secured his contract on such representation. Further, it was found that the respondent did not get release from the contractual obligation by the Upazila Administration. In this view of the matter it was h......t argued that the expression "has otherwise any pecuniary interest" contemplates an interest other than an interest in connection with any contract for work to be done, but it refers to an interest independent of any contract. The principle of 'ejusdem generis', origin from or belonging to same cl......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120...Category: Election Law | Date: | Hits: 134
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