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State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......e was that the murder took place at the early dawn after taking Sehri but in the postmortem report it was held that there was 1A pound digested food materials in the stomach and the bladder was found full of urine. So the case relied upon by the learned Counsel in support of his contention that non-......n. This aspect of the matter came up for consideration in the case of Mst. Hamida Bano Vs Ashiq Hussain and another reported in 15 DLR (SC) 65 wherein it has been observed "It is true that in the average murder case from the rural areas, a major complication in the evaluation of the evidence general..Category: Criminal Law | Date: | Hits: 44
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......yond all reasonable doubt against the accused persons but commuted the sentence of death awarded on condemned prisoners to imprisonment for life on the ground that the condemned prisoners are full brothers and accused Sumon, Sahin, Sobhan and Sikha are sons and daughters respectively of acc......t (P.W.I) Mst. Tanjila Khatun along with her husband Jamaluddin and son Jewel started at 6,00 A.M. from their residence at Ullapara for the house of her father-in-law (P.W.5) Md. Sirajul Huq at village Sandial Salap by Honda and reached there at 7.30 A.M. Leaving the Honda there, they along with..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......the victim girl lodged F.I.R. with Pallabi Police Station, Dhaka, on 28.8.1998, alleging inter alia, that on 10.8.1998 accused-respondent lifted informant's minor daughter namely Sarmin Akter Nipa aged about 5 years 9 months in his lap and took her away to nearby Baunia Embankment and forcibly r..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......judgment and decree dated 29.11.2001 and the High Court Division by the impugned judgment and order dismissed the appeal affirming the judgment and decree of the trial court and also held that having full knowledge that exhibit-Kha-dated 31.05.1917 was a forged document, D.W.1 Abdul Awal Minto on be......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......ed 16.10.1986 and delivered possession. Abdul Aziz transferred the remaining land to defendant No.5.The plaintiff, after his purchase got his name mutated in the khatian. The defendant No.1 is the full brother of Abdul Aziz and a person of desperate nature. Once he assaulted the plaintiff and th......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....in Criminal Appeal No. 159 of 1984, Barisal. 2. Appellant is the wife of Abu Baker Siddique, Sub-Inspector and Second Officer of BanaripaÂra Police Station. Mahmuda Khanom, the deceased, a young woman of 23 years, was 'Aya' of Banaripara Thana Health Complex, also called Health Centre, at the r......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. ......she sprayed carbolic acid upon Mahmuda. 3. On 2-12-1983 at about 3 P.M. the appellant called Mahmuda to her house, which is called Ghosherbari, took her into her bedroom, abused her in filthy language, tore off her blouse and sari, gave her kicks, fists and blows, flung her on the floor almost na..Category: Criminal Law | Date: | Hits: 50
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......filed under section 5 of the Limitation Act". It may be mentioned at the time of hearing of the revisional application the opposite party No.1 i.e. Respondent No.1 in its counter affidavit stated the full particulars of the circumstances in the background whereof delay occurred to filing the appeal ......rs reported in (2001) 6 MLR (AD) 1 it has been observed "As litigant the Government stands on the same footing with ordinary litigants, yet considering the difficulties of the Government in various stages we take sympathetic and lenient view and allow condonation of delay of Government cases in many..Category: Limitation Law | Date: | Hits: 205
Mizanur Rahman alias Mithu and anothÂer Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......tated in court “Malek amake karo nam bole nai. ……….Koyekdin por shuni Malek mia Mithuderke ashami kore mamla koreche. In cross-examination he stated further” Biyer age khushi ke biye karar por Eskandarer pola Mintu atkaiye chilo, ebong Malek mia khobor peye chara..Category: Criminal Law | Date: | Hits: 48
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. ...... requisites for promotion. 24. Though by seniority alone a person cannot earn promotion, he, by virtue of seniority, has a right to be considered for promotion". We are fully in agreement with the view expressed in the aforesaid case. 25. The settled principl......e Board but the Board finally exonerated him for not obtaining prior permission in appearing in the S. S. C examination, that as to correction of the date of birth or in other words age of the Respondent No. 4 the Board on consideration of the materials placed before it allow..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......rders as my be necessary for the ends of justice or to prevent abuse of the process of the Court. 6. It is well-settled this section merely furnishes legislative recognition of an age old and well established principle that every court has inherent power to act ex debito justia..Category: Civil Law | Date: | Hits: 119
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......ous imprisonment for further 6 months. 2. Case for the prosecution in short is that on 09-07-1990 at 11 p.m Sayed Ali Dewan lodged and F.I.R alleging that his younger brother victim shafique aged about 22 years while was returning home from the local Aladipur Bazar at 8. P. M closing his G..Category: Criminal Law | Date: | Hits: 43
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. .............................; (b)..............................; (c)..............................; (d)...............................; (e) he holds any full time office of profit in the service of the Republic or of the Union Parishad or of any......nce arrived at an erroneous conclusion by the impugned judgment. 5. In elaborating the above contention, he pointed out that the provision of Section 7(2) (f) of the Ordinance envisages that a candidate for chairman or member of the Union Parishad will be disqualified if the can..Category: Election Law | Date: | Hits: 108
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......cording to law and the further submission that there being excess of staff in TCB and the writ petitioners services being considered unnecessary, the impugned orders have been passed with full financial benefits to them and as such the same does not suffer from any error. 6.......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 80
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......he instant case none of the courts below considered the evidence of D.W. 1 the admitted mother of the victim where she stated that her daughter was not kidnapped by anybody but was given marriage to accused Rashid by herself and as such no offence under Section 366/34 of the Penal Code..Category: Criminal Law | Date: | Hits: 27
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ...... Transfer of Property Act provides that sale would be complete even if the consideration money is not paid or is part paid or part promised. He next submits that in the case of non-payment of full consideration money or part consideration, the vendor may sue the vendee for recovery pf the c......our P.Ws. examined by the defendant No.1. The plaintiff Ayjuddin Gazi as RW.1 in his evidence stated that he has been possessing the suit land through bargader Nurul Islam son of Ansar Gazi of Village-Beyar Jhapa but there is no borga kabuliyat and no receipt. P.W. 2 in his evidence stated..Category: Property Law | Date: | Hits: 35
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......ugned Judgment. 8. In his argument he reiterates the submissions made earlier on behalf of the appellants. 9. He emphatically submits that most of the respondents have been given full benefit and as such they are not entitled to the relief sought for in the leave petition.......ation Ordinance, 1961 (Ordinance XXXIII of 1961) in short Ordinance of 1961. Before the High Court Division the respondents challenged the orders passed by the Respondents retiring them at the age of 57 on the basis of the public Servants (Retirement) Act, 1974 Act 9 XII of 1974) in short Ac..Category: Property Law | Date: | Hits: 32
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ......ourt in which the plaintiffs could present their plaint for relief and in that view of the matter the High Court Division allowed the appeal and applying as the High Court Division put it "the age old principle that justice should not only be done but should manifestly and undoubtedly be se..Category: Employment/Service Law | Date: | Hits: 76
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......found that the valuation committee had fixed Tk. 7, 27,410/- as the valuation of the suit property and recommended to sell the same to the plaintiff at that price. 4. The appellants unsuccessfully moved the High Court Division. Thereafter, the appellants moved this Court and leave was gra......d property authority a right had been created in his favour which could not be taken away by the defendants. It was further submitted that if the suit property was sold in auction, the loss and damage to be suffered by the plaintiff case could not be compassed. 3. The appellant as the def..Category: Property Law | Date: | Hits: 41
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ...... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......fs side were not present at the time of taking settlement by the plaintiff. But P.W.1 himself claimed that he was present at the time of taking settlement by the plaintiff and he also gave out his age to be 45 years only when he deposed before the trial court. Accordingly the appellate court bel..Category: Property Law | Date: | Hits: 34
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......ing upon the plaintiffs and rejected the prayer of permanent injunction. As against that the plaintiffs preferred Title Appeal No. 104 of 2005 on the ground that the suit should have been decreed in full by passing the decree of permanent injunction as well and the defenÂdant preferred Title Appea......tship would devolve upon his sons and heirs who are to act as joint shebaits to perÂform worship etc. jointly and if the numbers of the shebaits become numerous and if they can not agree to joint management they will conÂstitute a committee, not exceeding six in numbers representing the line of hi..
Category: Civil Law | Date: | Hits: 111
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