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Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
.... submitted that the prosecution could not prove the charge sheet brought against the petitioners beyond reasonable doubt and on the other hand, the investigation of the case is perfunctory, highly defective and doubtful. 6. It appears from the record that the place of occurrence is the pa......dependent and disinterested witness of the case but the said Kafiluddin and co-villagers and neighbouring people who rushed to the spot just after the occurrence having heard shout of the informant party were not examined by the prosecution without any cogent reasons and explanation and non-exam..Category: Criminal Law | Date: | Hits: 47
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......Division. The High Court Division dismissed the appeal by the impugned judgment on consideration of the materials and evidence on record and the submission of the learned Advocate of the contesting party. The High Court Division on analysis of the depositions of the witnesses adduced by the plain..Category: Property Law | Date: | Hits: 34
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......one of the principal defendants in the suit. It is also undisputed that she was married about 40-45 years ago with one Sharbat Ali of the same village Kamrangirchar but in the plaint she was made a party as daughter of Moksed Ali along with her other sisters and brother showing her address at he..Category: Property Law | Date: | Hits: 26
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....rsuance to the lease deed to defendant No. 1. In such a situation the Mutwalli cannot lease out the land and structure standing thereon to anybody. So the granting of lease to the plaintiff is also defective on that count as well. Furthermore from the notice Exhibit 3 it appears that the plaintiff......orney, grants of legal representation and other instrument of whatever nature in relation to ESSO undertaking subsisting and having effect immediately before the appointed day to which ESSO is a party or which are in favour of ESSO shall be of as full force and effect against or in favour of t..Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....d became citizen of India and that the property vested in the custodian and that without impleading Gour Sankar Roy or the custodian of the enemy property in the suit the suit was bad for defect of parties and that the ex-parte decree and the kabala are null and void. The learned J...... Pal, learned Advocate for the appellant contends that none of the courts below having found that the property left by Lala Ram Sankar Roy escheated to the Government and the Government not being a party to O.C. Suit No. 35 of 1969 the learned Judges of the High Court Division fell into an error ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......ainst the Government of Bangladesh and the Government of Bangladesh shall be deemed to be substituted for the government of Pakistan or, as the case may be, the Government of East Pakistan as a party to such proceedings. (2) The Government of Bangladesh may, at any time before the..Category: Property Law | Date: | Hits: 43
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70.......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....y the appellant then or thereafter. 6. We do not find any differential factual basis for taking a differential view in this particular case. The appellant's submission that the plea of defect of party was taken after 6 years at the appellate stage does not hold good. The respondents......Appeal No. 17 of 1993, was allowed by the Administrative Appellate Tribunal on 12-4-94 on the ground that the Sonali Bank, a legal entity capable of suing and of being sued, having not been made a party the appellant's A.T. Case was not maintainable. The appellant's Civil Petition for Leave to A..Category: Administrative Law | Date: | Hits: 124
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....is seen that his sons Iman and Ibrahim are in possession of a portion of the suit land by purchase from defendant No. 2 and they have not been impleaded in the suit and as such the suit is bad for defect of parties, that the finding of the courts below as regard the solehnama is not acceptable s...... defendants side except D.W. 3 whose evidence does in no way established that Parichan Bibi filed the solehnama, no other evidence was brought on record to establish that Parichana Bibi was a party to the compromise said to have been made in the Title Suit No. 616 of 1969. The High Court Di..Category: Property Law | Date: | Hits: 37
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
....espect of property belonging to a member of the minority community. For the purpose of disposal of this appeal we need not refer to all these findings, but we shall concentrate on the finding as to defect of party. In the partition suit five of the appellants, namely, plainintiffs Nos.1-5 we......r shall render the suit liable for dismissal on the ground of maintainability….(6) When the stranger's property is included in a suit the "stranger" must be impleaded as a party, for a person having any interest or share in the disputed property cannot be avoided by simp..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ......lity; consequently, they continued to be co-sharers. As to the Pre-emptee, as already stated above, she also did not produce any evidence but solely depended upon the 'admission’ of the other party. 'Admission' is no doubt a strong evidence against sis maker, but it is also open to him to a..Category: Property Law | Date: | Hits: 35
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....is beyond the scope of such a proceeding. The material consideration in a case under section 143A of the State Acquisition and Tenancy Act is the question of possession. Whatever may be the defect in title, if it is found that the appellants, have been possessing the case lan......t of parties the Shebait having been brought on record, the learned Judge of the High Court Division was not justified in holding that the case should have been dismissed for not making the deity a party in the suit. He was also not justified in entering into the complicated question of titl..Category: Property Law | Date: | Hits: 28
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....st instance or in a court of appeal, against the defendant, shall be excluded, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it. (2) In comp......e High Court Division challenging the original order of the District Judge dismissing her appeal on 25, May 1976. The learned Judges of the High Court Division, overruling the contention of the other party namely, the appellant before us, that the revisional application was not maintainable tinder..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ......ellip;……………..Respondents Judgment March 18, 1985. The Registration Act, 1908 (Act No. XVI of 1908), section 28 Under section 28(2), no party to a registered deed is entitled to question validity of the registration on the ground that ..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....e, 1908 (Act No. V of 1908) The appellant is found to have willfully neglected to comply with the provision of section 17 (regarding deposit of the dues or furnishing security bond) even when the defect was pointed out by the respondent. In the circumstances, the learned Single Judge of the High......rt rejecting the application under Order IX, rule 13 C.P.C. The appeal is therefore dismissed. We however make no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 174. ..Category: Tenancy Law | Date: | Hits: 159
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. ......f 1982. These submissions can, however, be grouped under two heads, namely, (1) whether the Appellate Division of the Supreme Court has the power to review is judgment on its own, that is without any party to the judgment concerned having applied for such review; (2) if it has power, whether on meri..Category: Constitutional Law | Date: | Hits: 149
Joynal Abedin and others Vs. State, 1985, 14 CLC (AD)
....e result the appeal is allowed in part only in respect of Abdul Wadud. The appeal is dismissed in respect of other appellants. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 113. ...... but it is the Magistrates who held enquiry into the matter might do, it. An. altercation therefore followed which attracted members of both the parties. About 40 persons of accused Joynal Abedin's party, variously armed with deadly weapons including, lathis, halangas, ballams appeared on the sc..Category: Criminal Law | Date: | Hits: 57
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.......s (Pakistan) Ltd. in respect of the industrial unit concern as vested by operation of law Government can not claim a right higher than the said owner in respect of the property in possession of a 3rd party under a valid agreement unless and until the appropriate action under Article 10 of the Pres..Category: Property Law | Date: | Hits: 40
Moudud Ahmed and others Vs. Md Anwar Hossain Khan (dead) and others, 2007, 36 CLC (AD)
....e Constitution and they are performing their functions in connection with the affairs of the Republic and, as such, the petition is maintainable as against the respondent Nos. 3-5". ......ssuance of the Rule. 7. While the writ petition was awaiting final hearing the writ petitioner filed supplementary affidavit seeking declaration "that respondent Nos. 3-5 and their party members in the Bangladesh Parliament have ceased to be Members of Parliament with effec..Category: Constitutional Law | Date: | Hits: 147
M/s. House Building Finance Corporation Vs. Commissioner of Income Tax, Dhaka, 1984, 13 CLC (AD)
....t properly be deduced from that method". 20. The Tribunal's observation is that: "The method of accounting followed by the assessee in the instant case has got no defect, it is quite rational and reasonable. The income, profits and gains can properly be deduc......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." ..Category: Fiscal/Taxation Law | Date: | Hits: 102
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