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Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....at the said revision case be heard along with Criminal Revision No. 180 of 1986 (out of which the present appeal has arisen). That Revision case No.259 of 1986 is still pending. These facts are not disputed. 4. Rule 7 in Chapter II of Part I of the Rules of the High Court Division provides as f......ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ..Category: Criminal Law | Date: | Hits: 40
Begum Lutfunnessa Vs. Bangladesh, 1989, 18 CLC (AD)
....in question, the High Court Division by its order dated 7.12.88 directed the Ministry of Home Affairs, respondent No. 3, to file an affidavit staling whether the Police was in possession of the disputed premises as contended by the respondent Nos. 1 and 2 in their affidavit-in-opposition. It......nt's house at serial 41 under the heading 'Motijheel Commercial Area' has been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 86. ..Category: Property Law | Date: | Hits: 54
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
.....................Respondents Result: The appeal is allowed. The Union Parishad (Election) Rules, 1983 Rule 70 The High Court Division ought not to have interfered in the matter of highly disputed question of facts. The election commission acted within its jurisdiction under rule 70 of t......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ..Category: Election Law | Date: | Hits: 111
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....Deputy Commissioner he has occupied the premises. In spite of the request of the Nazir the Additional Deputy Commissioner, defendant No. 1, refused to vacate the premises. 9. The facts are not disputed. They reveal nothing but the officiousness of the Additional Deputy Commissioner. It is unf......ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ..Category: Property Law | Date: | Hits: 30
Nurul Islam (Md) Vs. Election Commission & others, 1989, 18 CLC (AD)
....ommission, and, thereafter, the direction for re-election was passed by the Election Commission. It is further contended by the appellant that as there were contradictory reports with regard to the disputed poll the High Court Division ought not to have interfered in the matter. 4. We find subs......gment and order of the High Court Division, passed in Writ Petition No. 1120 of 1988, is set aside and the writ is re-called. No costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 71. ..Category: Election Law | Date: | Hits: 114
S.M. Khaliur Rahman and others Vs. State, 1989, 18 CLC (AD)
.... criminal proceeding is liable to be quashed if the facts alleged in the FIR or in the complaint petition, even if admitted do not constitute any offence or the proceeding is barred by any law. Where disputed facts are involved evidence will be necessary to determine the issue………(4) Lawyer......for quashing the proceedings is found to have been rightly refused by the High Court Division. In the result the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 62. ..Category: Criminal Law | Date: | Hits: 39
Waliullah and another Vs. Abdul Wahab and others, 1988, 17 CLC (AD)
....t of land of Schedule 'A' to the plaint and to allot a saham of 1062-1/2 acre to the plaintiff only out of the said demarcated area of .2125 acre and dismiss the suit with regard to the rest of the disputed Plot No. 1162." 6. It may be stated at the outset that the objection as above was not ......bjection, if any, before the decree is made final. In the result, therefore, the appeal must fail. It is dismissed without any cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 55. ..Category: Property Law | Date: | Hits: 32
Sayesta Bibi and others Vs. Juma Sha and others, 1989, 18 CLC (AD)
....stranger-purchaser of a portion of the suit homestead from some co-sharers of the plaintiffs. Their case, in brief, is that the two brothers Hadu Shah and Nadu Shah took lease of southern half of the disputed homestead from the landlords. Subsequently Nadu Shah atone took lease of the northern half.......permission to purchase the share of the stranger-purchaser. In view of the above, the appeal is dismissed. No costs in this appeal. Ed. This case is also reported in: 42 DLR (AD) (1990) 53 ..Category: Property Law | Date: | Hits: 45
Abdul Hamid Khan Vs. Miah Nurul Islam and others, 1989, 18 CLC (AD)
....hts of the parties would not be prejudiced by this decision". 3. Dr. Kamal Hossain, the learned counsel appearing for the appellant, contended that the learned Judges were aware of the fact that disputed question of facts were involved in the matter and therefore should have dismissed the writ ......is appeal is allowed and the judgment-and order of the High Court Division is set aside without any order as to cost. Writ is recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 49. ..Category: Election Law | Date: | Hits: 115
Shah Alam and ors. Vs. State, 1990, 19 CLC (AD)
....y water and flanked by standing paddy crops on both sides. He was assaulted at this Bhanga from where his dead body was removed to the house of his father-in-law at about 8 P.M. These facts are not disputed. 4. The prosecution case has been given in detail by the Informant (P.W.1, Nur Ahmed),...... doubt. In the result, therefore, I would dismiss this appeal. ORDER OF COURT By a majority decision the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 31 ..Category: Criminal Law | Date: | Hits: 52
Belayet Hossain Vs. Nurul Alam Mir and ors., 1990, 19 CLC (AD)
....learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ......learned Judge for the order does not appeal lo us. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 20. ..Category: Property Law | Date: | Hits: 29
Sukumar Sen & Others Vs. Gouranga Bejoy Dey & Others, 1989, 18 CLC (AD)
....iled other Suit No. 24 of 1984 in the Court of Assistant Judge, Boalkhali Upazila, for declaration of their title to and recovery of khash possession of the suit land. The plaintiffs alleged that the disputed land originally belonged to one Jamini Kanta Sen who bequeathed the same to Sabitri Bala De......s including respondents 6-8 (defendants 7-9) who are said to have attained majority already. There will be no order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 18. ..Category: Property Law | Date: | Hits: 85
Farid Mia (Md.) Vs. Amjad Ali (Md.) alias Mazu Mia and Others, 1989, 18 CLC (AD)
....consider whether in view of the alternative remedy of going to the Election Tribunal the writ petition was maintainable and whether the High Court Division, in view of the background history of the disputed loan in question acted properly in deciding a disputed question of fact under the writ juri...... result, therefore, the appeal is allowed and the impugned judgment set aside without any order as to costs. The writ be recalled. Ed. This case is also reported in: 42 DLR (AD) (1990) 13. ..Category: Election Law | Date: | Hits: 130
Chand Mia @ Chand Mia @ Chan Mia Mondal & Ors. Vs. State, 1988, 17 CLC (AD)
....took the ballam from his wife Sahera Khatun and dealt a ballam blow on the chest of Afzal Hossain who died on the spot. 3. The defence case is that Mir Ali Khandakar, a co-sharer in respect of the disputed Plot No. 6, instituted a partition suit on 4.8.1967 against the father of Afzal Hossain......s time to have recourse to the protection of the public authorities." Hence, in the facts of this case, the plea is not available. Ed. This case is also reported in: 42 DLR (AD) (1990) 03. ..Category: Criminal Law | Date: | Hits: 105
Sultan Ahmed & Others Vs. Akhtaruzzaman & Others 1989, 18 CLC (AD)
.... is included in the Khatian constituting the holding transferred. The learned Munsifs view on this point is quoted below: "But the C.Ps. contend that their father Nurul Islam is the owner of the disputed plot No. 2085 by inheritance. But co-ownership of a disputed plot without being a co-sharer......espondents Judgment March 29, 1989. Result: The appeal is allowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 A co-sharer in one of the plots of the khatian is certainly a co-sharer in the holding. Failure of the pre-emptors to implead such a co-sha..Category: Property Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Ismail Hossain, 1977, 6 CLC (AD)
....ion in the manner provided by the contract or the rules is prima facie and per se, not a punishment and does not attract the provisions of Art. 311.” The principle enunciated therein is not disputed but the facts of the present case are different. In the present case the respondent was app......interference with the order passed by the learned Judges of the High Court Division. The appeal is dismissed with no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 127...Category: Employment/Service Law | Date: | Hits: 66
Syed Ahmed Molla Vs. Halima Begum and others, 1977, 6 CLC (AD)
....o-sharer by purchase in respect of the holding recorded in C.S. Khatian No.39 corresponding to S.A. Khatian No.34 of mouza Debnagar and that on 3.12.66 respondent No.5 Khan Brothers sold away the disputed land measuring about .90½ acre appertaining to the said holding to a stranger, namely, res...... to be an application for pre-emption under section 24 of the East Bengal Non-Agricultural Tenancy Act. 2. The appellant alleged that he is a co-sharer by purchase in the holding recorded in C.S. khatian No.39 which corresponds to S.A. khatian No.34 of mouza Debnagar, P.S. Daulatpur and responde..Category: Property Law | Date: | Hits: 33
Akhtarun Nessa and another Vs. Habibullah and ors, 1980, 9 CLC (AD)
....of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ......of the learned Subordinate Judge are restored. In the facts and circumstances of the case we allow half of the costs to the appellant. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 88. ..Category: Property Law | Date: | Hits: 32
Abdul Latif Mirza Vs. Government of Bangladesh and other, 1979, 8 CLC (AD)
....d authority. 48. Now the question to be considered is whether the principle as laid down in the said decisions is applicable to an order made under a law of preventive detention. It can hardly be disputed that there is nothing in this principle as laid down in those decisions which keeps such an...... already held that as the detention of the appellant is not sustainable in law on other grounds stated above I would allow this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 1. ..Category: Constitutional Law | Date: | Hits: 408
Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
.... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ...... No.624 S.A. dated 14.4.1979 passed order for realization of rent and salami money from the plaintiff; that salami money and rent had been realized by the revenue authority from the plaintiff and a khatian had been opened in the name of the plaintiff and the plaintiff got D.C.R. and the rent rece..Category: Property Law | Date: | Hits: 24
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