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Bazlur Rahman Howlader alias Jilu and 3 others Vs. State, 1998, 27 CLC (HCD)
....ers relying on the statement of some interested witnesses. He has also submitted that there is no evidence to show that unlawful assembly was framed and, as such, conviction under section 147 was not proper and legal. Further, according to him prosecution also could not prove that the petitioners Ba......d. This Case is also Reported in: 51 DLR (HCD) (1999) 457....... on the statement of some interested witnesses. He has also submitted that there is no evidence to show that unlawful assembly was framed and, as such, conviction under section 147 was not proper and legal. Further, according to him prosecution also could not prove that the petitioners Bazlur Rahman..Category: Criminal Law | Date: | Hits: 109
Najabatullah Vs. Alokeshi Namasudra and others, 1998, 27 CLC (HCD)
....such proclamation or at any time afterwards, the Court may in its discretion issue a warrant either with or without bail, for the arrest of such person and may make an order for the attachment of his property for such amount as it thinks fit, not exceeding the amount of the costs of attachment and o......lso Reported in: 51 DLR (HCD) (1999) 454.......a suit can not be dismissed order 9 rule 3 of the Code. When the plaintiff made an application in the court, as referred above treating the position as absence of the plaintiff, which is apparently illegal. So dismissal of the suit on that count is not tenable in the eye of law. He further submits t..Category: Procedural Law | Date: | Hits: 137
Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)
.... 1-4 sons of plaintiffs’ son Masimuddin. 3. It is admitted that the plaintiff used to own and possess the entire suit land getting it from her husband Rahimuddin plaintiff also inherited some property from her father. But she had exhausted her paternal property by transfers. The defendants a...... hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... Appellate Court, thus, decreed the entire suit cancelling all the aforesaid three deeds. 10. In this premises, I am to make a decision whether the judgment d the appellate Court is correct and legal or whether it has invited any illegality resulting in an error in the decision occasioning fai..Category: Property Law | Date: | Hits: 103
Abdul Karim Vs. Bangladesh, 1998, 27 CLC (HCD)
....the plaintiffs from their alleged possession in the entire suit land. 13. So to get an order of permanent injunction, plaintiff must prove that the government has granted settlement of the suit property to the plaintiff, at least, prima facie and the plaintiffs have got exclusive possession. D...... Vs. Bangladesh…………….Opposite Party Judgment April 20, 1998. Result: The Rule is discharged. Cases Referred to- Rafizuddin Ahmed Vs. Mongla Barman and others, 43 DLR (AD) 215; Kalyan Krishna Goswami Vs. Madhyapara High School and another, 15 BLD 5......f Kalyan Krishna Goswami Vs. Madhyapara High School and another, reported in 15 BLD, 509 wherein a Single Bench of this court has held in para 19 as follows: “Now I would like to consider the legal aspect of the case. It appears from the end of the earlier judicial pronouncement that in a su..Category: Property Law | Date: | Hits: 103
Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)
....d Industries Ltd. are from the same judgment and order dated the 28th August, 1991 passed by the learned Company Judge of this Division in Mattter No.9 of 1987 setting aside the sale of the mortgaged properties of M/s Ashraf Jute Mills Ltd. by the Bangladesh Shilpa Rin Sangstha on 17‑1‑90 in fav...... Result: Both the appeals are allowed. Cases Referred to- Food Controller Vs. Cork, 1923 AC 647; Kennedy 1896(1) Ch. Division 762; 1897 AC 80; 1895 to 99 All ER (reprint) 408; MK Ranganathan and another Vs. Govt. of Madras and others, AIR 1955(SC) 604; Buldeo Narain Singh Vs. United Indian ...... accommodate a sister concern of the said Company, M/s Nowapara Jute Mills Ltd, in the aforesaid portion of the premises; that the said Company had neglected to pay the aforesaid amount which was the legal dues to the BRTC for which the BRTC served a legal notice calling upon the said Company to pay..Category: Company Law | Date: | Hits: 317
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....rs having no right, title and interest in the disputed land cannot claim restoration of possession. 7. Mr. SC Das, learned Advocate appearing for the respondent No.4 submitted that the disputed property was not requisitioned from the petitioners and their right, title and interest therein is d......ed in: 44 DLR (HCD) (1992) 447. ......tioner Nos.1‑3. Similarly Syed Mohammad Abdul Motaleb orally gifted his share to the petitioner Nos.4 and 5. Shamsun Nahar Beguni died leaving petitioner Nos.1‑3 as her son and daughters and only legal heirs to inherit her share. On 10.4.1950 an area of 32.50 acre of land was requisitioned in LA..Category: Property Law | Date: | Hits: 121
Abdul Quddus and others Vs. State, 1992, 21 CLC (HCD)
.... acquitted of the charges brought against them. They should be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 441.......ported in: 44 DLR (HCD) (1992) 441.......the case should have been stopped and the accused appellants released, under section 339C CrPC, as the time for trial of the case expired long before the date of judgment and the conviction is thus illegal and without jurisdiction. 9. Now let us see, what evidence the prosecution adduced to prove..Category: Criminal Law | Date: | Hits: 112
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....tion that arises is whether the petitioner has any right to protest. From Para 6 of the Affidavit‑in‑opposition it is clear that the tender of the petitioner was accepted and also approved by the proper authority. The petitioner has also deposited royalty as consideration for the lease deed, Eve......ial Original Jurisdiction) Present: AKM Sadeque J Mamur Reza Chowdhury J Shahadat Hossain ...............Petitioner Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The......nexure‑K) issued by the respondent No.1 Executive Engineer, City PWD Division, Dhaka 15, Abdul Ghani Road, Dhaka should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The dispute centres round the cancellation of lease granted in favour of the ..Category: Property Law | Date: | Hits: 133
Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)
....he Alienation of Land (Distressed Circumstances) (Restoration) Ordinance, 1976 (Ordinance No. XXVIII of 1976) (hereinafter referred to as the said Ordinance) vide Case No.3 of 1976‑77. 2. The property in dispute consists of a homestead land 11 acres in area upon which stood a tin‑shed and ......t DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 (1) of the Code of Civil Procedure at the instance of the respondent Rahima Begum is directed against the judgment and order passed on 8‑3‑84 by Mr. Mofizul Islam, Munsif, Upazila Sreepur, District Dhaka in Misc......f economic distress. The contention of Mr. Abdul Gafur is absolutely of no substance as it could not be argued by him that simply by finalising the talks and paying the consideration the transfer was legally complete before the registration of the Kabala. 5. The second point raised on behalf o..Category: Property Law | Date: | Hits: 110
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Abu Taher Miah....................................Petitioner Vs. Farazuddin Sarker and others.........................................Respondents Judgment June 13, 1989. Resu......respondent No.2 declaring the respondent No.1 as the Chairman of the said union parishad as contained in Annexure 'F' should not be declared to have been made without lawful authority and to be of no legal effect. 2. Facts of the case are that the petitioner in his capacity as a voter and member ..Category: Election Law | Date: | Hits: 216
....persons in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments;
(b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, including the operation and man......ecial Original Jurisdiction)
Present:
Mustafa Kamal J
Md. Mozammel Hoque J
Saifur Rahman..................Petitioner
Vs.
Bangladesh through the Secretary, Ministry of Agriculture and others...............Respondents
Judgment
June 12, 1989.
Result:
The Rule is dischar......rative Appellate Tribunal constituted under section 5 of Act No. VII of 1981.
8. In order to appreciate the point involved in this Rule, it is necessary to recount briefly the constitutional and legal position with regard to administrative tribunals.
9. Article 117 of our Constitution cont..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......amp; Others ..................................Respondents Judgment May 3, 1989. Result: The application is dismissed. Case Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 39 DLR 1987, 1. Lawyers Involved: ......g the Annual General Meeting for the year 1985 should be fixed to be held on 28th February, 1988. Against that the petitioner submitted a written objection to the company pointing out the various illegalities inherent in the said agenda but ignoring the said legitimate objections, the respondent..Category: Business or Commercial Law | Date: | Hits: 352
....s in the service of the Republic, including the matters provided for in Part IX and the award of penalties or punishments;
(b) the acquisition, administration, management and disposal of any property vested in or managed by the Government by or under any law, including the operation and man......ilding Finance Corporation.
2. The facts of the case, in short, are that the Respondent No.2 had been serving as an employee under the petitioner, the Bangladesh House Building Finance Corporation and that he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the R......to the terms and conditions of service of the Respondent No.2. The order of transfer of the Respondent No.2 is undisputedly a matter relating to the terms and conditions of his service. As such the legality or otherwise of the order of transfer of the Respondent No.2 affecting the terms and condit..
Category: Procedural Law | Date: | Hits: 273
Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)
....reiterated the principle of conversion by quoting with approval a portion of commentary on section 115, C.P.C. "Where an appeal is preferred in a case in which no appeal lies, the High Court may in a proper case treat the memorandum of appeal as an application for revision is made in a case and deal...... Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and another, 35 CWN 381 (387); Jyotish Chandra Chakraborty Vs. Hem Cha......een made appealable. Mr. Nizamuddin Haider, and Mr. Abdul Haque, the learned Counsels appearing on behalf of the appellants in F.M.A. Nos.12 and 15 of 1983 respectively, could not refer to any such legal provision. Mr. Haider, however, submits that an order of remand can also be made under secti..Category: Property Law | Date: | Hits: 115
Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)
....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......ents Judgment January 31, 1989. Result: The appeal is allowed. Cases Referred to- Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99; Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. ......h those 209 drums and in that view of the matter the respondents Nos.1 and 2 had no liability for loss of the 13 drums. In aid of his contention that the Port Authority, a statutory bailee, was under legal obligation to deliver those drums to the consignee and in this case the respondent No.3 having..Category: Business or Commercial Law | Date: | Hits: 397
....vated to a District. A separate Land Acquisition Office started functioning from the very same date at Kishoregonj. Mymensingh Land Acquisition Office had no jurisdiction to proceed with the disputed property after 1.2.84. But the respondent No.3 got the file of L.A. Case No.32 of 1981-82 moved in h......respondents to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhaka in L.A. Miscellaneous Petition No.38 of 1985 (Annexure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregon.......3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregonj in L.A. Case No.32/81-82 (Annexure F) shall not be declared to have been made without any lawful authority and to be of no legal effect.
2. The father of the petitioners was owner in possession of the premises situated o..
Category: Property Law | Date: | Hits: 116
....2 Md. Shukur followed by delivery of possession on 30-1-1961 by the Government of Pakistan subject to usual terms and conditions laid down in the lease deed. The respondent No.2 had been enjoying the property on regular payment of rent and taxes to the respective authorities but for disturbance in 1......ion)
Present:
Md. Fazlul Karim J
Md. Tafazzul Islam J
Secretary, Ministry of Public Works…………..Petitioner
Vs.
Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents
Judgment
March 26, 1998.
Result:
Th......Mirpur 1 & 2 Section) and Case No.574 (Ka-446 Mirpur 1 & 2 section) of 1987 passed by respondent No.1 Annexure-A should not be declared to have been made without lawful authority and is of no legal effect.
2. The Government of the People’s Republic of Bangladesh represented by the Se..
Category: Property Law | Date: | Hits: 102
Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)
....Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property belonged to the plaintiff and that the defendant was inducted as a tenant in the suit premi......(1999) 393. ......of valid notice, the plaintiff was not entitled to get a decree of ejectment as sought for by him against the defendant-petitioner. He then submits that the trial Court without considering this vital legal flaw passed the impugned judgment an as such, the judgment is liable to be set aside. 7...Category: Property Law | Date: | Hits: 101
Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)
....ation Act. He further goes on to argue that the unfortunate part of the impugned order is that the executing Court has gone to the extent of giving direction for restoration of possession of the suit property in favour of the judgment debtors in the case where the petitioners obtained the decree aft......9) 390. ......sal of the second appeal. The Second Appeal No.583 of 1964 was dismissed for default on 4-8-78. As the decree holder Md. Abul Quashem, and the judgment debtor-defendants 1-3 died leaving behind their legal heirs, the said legal heirs were duly substituted in the Execution Case No.70 of 1964 by the A..Category: Property Law | Date: | Hits: 94
Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)
....er, we are not going to consider their evidence as they were hearsay witnesses. 17. This appeal was filed long back in 2004. Till today the appellant has not taken any step to determine his age by proper medical and scientific examination. Therefore, we do not accept the submission of his learned......ya………………………Appellant Vs. The State…………………………Respondent Judgment February 26, 2012. Result: The criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the......, Cox’s Bazar and was numbered as Session Trial Case No.119 of 2000. Subsequently it was sent to the Additional Sessions Judge, Cox’s Bazar for hearing and disposal. After observance of necessary legal formalities, the Additional Sessions Judge by his order dated 7.11.2000 framed charge under se..Category: Criminal Law | Date: | Hits: 102
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