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Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....of the appeal the learned Deputy Attorney General has pressed the First submission as above and modified his second submission by urging that the aforesaid decision in Monoranjan Mukharjee's case was wrongly applied in the facts of the instant case resulting in a miscarriage of justice. 9. As far......verlooking completely that the impugned action was taken against the respondent upon an independent enquiry under the aforesaid Rules of 1976 in which the District Judge who passed the impugned order recorded his own finding as to the guilt of the respondent on the basis of the evidence on record an...........................Respondent Judgment June 4, 1995. Cases Referred to- Monoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (1989) 484; State of Punjab Vs. Amar Singh Harika, AIR 1966 SC 1313; Ram Bilas Paswan Vs. Union of India (Cal) (1991) 16. Lawyers Invol......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...Category: Administrative Law | Date: | Hits: 144
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ...... Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respondent Judgment July 29, 1998. Lawyers Involved: Moinul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the ......as possession, Title Suit No. 320 of 1963. 2. The subject-matter of the suit is a piece of land measuring 15 decimals, a part of C.S. Plot No.45 having an area of 8.24 acres appertaining to khatian No.306 of mouza Dakshin Chandpur, P.S. Damurhuda. 3. The suit plot originally belon..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....plaintiff and then re-fixed 5.3.91 for service of the said copy. On 5.3.91 transferee Court accepted the written statement and directed the plaintiff to receive the copy of the same. But the Court wrongly recorded that the plaintiff had filed hajira and defendant did not file hajira, although th......f and then re-fixed 5.3.91 for service of the said copy. On 5.3.91 transferee Court accepted the written statement and directed the plaintiff to receive the copy of the same. But the Court wrongly recorded that the plaintiff had filed hajira and defendant did not file hajira, although the hajira...... Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case ......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ..Category: Procedural Law | Date: | Hits: 87
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... The submission of the Government appellant that both the Tribunals below erred in law in not considering that there was typing mistake in as much as in place of the Rules of 1985, Rules of 1984 were wrongly typed. On merit the Tribunal found that the allegations against the respondent have been w...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......malendu Bikash Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 31, 1997. Lawyers Involved: B. Hosssain Deputy Attorney General instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579...Category: Administrative Law | Date: | Hits: 105
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....rt the grounds on which the high Court Division made the Rule absolute. His main contention is that the pre-emption case cannot succeed because of defect of parties as found by the trial court and wrongly rejected by the appellate court. He further submits that the High Court Division did not at......re the High Court Division. His main contention is that the miscellaneous case should be dismissed only on the around of defect of parties. The learned Subordinate Judge found that some of the S.A. recorded tenants have not been made parties and brushed aside, for want of proof, the contenti......esent: ATM Afzal CJ Latifur Rahman J AM Mahamudur Rahman J Indrajit Kundu and others.................................Appellants Vs. Bejoy Krishna Kunda being dead his heirs Biswajit Kunda and others ........Respondents. Judgment March 4, 1...... co-sharers having not been impleaded in the application of pre-emption the application is not legally maintainable. As a matter of fact, some of the S.A. recorded tenants as appeared from the khatian filed in this case have been omitted. In view of the legal position the application for pre..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....g Director thereof holding majority shares, that the appellants used to carry on the business of exhibition of Cinema Halls and became owners of the Moon Cinema Hall, that the said Cinema Hall was wrongly declared as an abandoned property and handed over to respondent no.2 for management. ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ...... (2005) 553. ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....dence on record it appeared that the appellant was not prevented by sufficient cause. Mr. Wahhab Mian submitted that the High Court Division failed to appreciate this aspect of the matter and wrongly discharged the Rules. 5. Mr. A. B. M Nurul Islam, learned Advocate appearing on behal......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... is also Reported in: II ADC (2005) 548. ......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
...., Civil Revision No. 814 of 1988 and obtained a Rule. After hearing the parties a Division Bench of the said court found that Sheikh Bagu was an attesting witness in the registered sale deed of 1922 (wrongly stated to be the deed of 1935) and that as a prudent man Sheikh Bagu must have noticed in th......he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......manatullah & others.....................appellant Vs. Ali Mohammad Bhuiyan & another..................Respondents Judgment May 20, 1997. Result: The appeal is allowed. A finding of fact, whether concurrent or not, arrived at by the lower appellate court is binding on the......nd that as a prudent man Sheikh Bagu must have noticed in the sale deed which lands were sold to Abdul Barek and others. It was further found that the plaintiffs had produced their kabala 'and S.A. khatian and rent-receipts in the lower appellate court to show their continuous possession but the s..Category: Procedural Law | Date: | Hits: 36
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......ase and prepared sketch map and index specifying the vacant land of Most. Fatikernnesa as the place of occurrence, sent the dead body of deceased Ruhul Amin to morgue for autopsy, seized alamots, recorded statement of witnesses under Section 161 of the Code of Criminal Procedure and on completi......on. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ..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. ......ade Exhibits, the defendant's case would have been established and proved and that the defendant petitioner have filed an application for acceptance of the said documents namely (1) copy of F.I.R. recorded at Joydebpur P.S. Case No.17(11)93 (2) the charge sheet in respect of the said case, (3) t......ed in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... 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. ..Category: Property Law | Date: | Hits: 34
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......terms of the offence, or at any rate substantially all the facts which constitute the offence. 11. The accused respondent Jahedul Islam alias Moulavi Babu made a confession and it was recorded by P.W.7 Naogaon Upazilla Magistrate. It is found from the confessional statement that the......of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....nally belonged to the then Zaminder of Kashimpur, who made a settlement of the same with the plaintiff in 1946 and since then the plaintiff has been possessing the same. The suit property has wrongly been recorded in favour of the forest department of the Government of East Pakistan, who ha......d to the then Zaminder of Kashimpur, who made a settlement of the same with the plaintiff in 1946 and since then the plaintiff has been possessing the same. The suit property has wrongly been recorded in favour of the forest department of the Government of East Pakistan, who have no right, ......fur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents Judgment November 12......ted Title Suit No. 160 of 1966 in the 1st Court of Subordinate Judge, Dhaka for declaration that he is a raiyat in respect of 24.67 acres of nul land apeartaining to C. S. Plot No. 1474 under khatian 1/29, Touzi No. 133 of Kaliakoir Mouza within P.S. Kaliakoir Dist. Dhaka and for further de..Category: Property Law | Date: | Hits: 35
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......rgadars. In a portion of schedule 'B' lands plaintiffs have erected huts where their caretaker Shamsuddin along with some cook reside. During R.S. operation upto draft publication the suit land was recorded in the names of the plaintiffs and pro forma defendants. Thereafter, the defendants filed o......der as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....e for compensation for illegal occupation and use of the suit land by defendant No. 1 after lawful determination of monthly tenancy by notice Ext. 3 lastly he submits that the High Court Division wrongly held that the suit for eviction only is not maintainable." 7. From the perusal of the......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......rit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455...Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
.... High Court Division made out a third case in holding that the property in suit is a vested property. For the above reasons we are of the opinion that the learned Judges of the High Court Division wrongly held that the suit property is a vested property. 10. Being confronted with these c......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......pellate Division (Civil) Present: Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bang......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
.... Order No. 16 of 1972 and vested in the Government. The Court of Settlement, he contended, rightly dismissed the cases. He further submitted that the learned Judges of the High Court Division wrongly set aside the judgment and order of the court of settlement. He further submitted that the ......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. .........Respondent (In Appeal No. 132 of 1997) Showkat Jong Hasmi............Respondent (In Appeal No. 133 of 1997) Judgment June 10, 1999. Lawyers Involved: B. Hossain, Advocate-on-Record - For the Appellant (In both the Appeals). Not represented –the......ontentions raised at the Bar are identical by this common judgment we dismiss both the appeals without any order of costs. Ed. This Case is also Reported in: II ADC (2005) 411. ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....llant, whether the Higher Court Division misconceived both the law and the fact in making the Rule absolute and dismissed the case of the plaintiff for ejectment and whether the High Court Division wrongly held that the bonafide requirement of the plaintiff was not proved and the allegation of the......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408...Category: Tenancy Law | Date: | Hits: 175
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. ...... 2 of President's Order No. 90 of 1972 on 30 September 1972 seeking abatement of the suit. Both the applications came up for hearing on 21 April 1973 when the learned Subordinate Judge recorded an order of abatement of the whole suit. 11. Against the said order the plaintiff p...... (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury......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. ..Category: Property Law | Date: | Hits: 43
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....re, the prayer of the appellant must fail. The pre-emptor appellant failed to prove that the Heba deed was not acted upon. Both the courts below namely, trial court as well as appellate court have wrongly found that the Heba was not completed inasmuch as no possession was delivered to the D......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ...... Ed. This Case is also Reported in: II ADC (2005) 367. ......ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ..Category: Property Law | Date: | Hits: 33
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....laintiffs have no cause of action to file the suit. The case of the contesting defendants was that defendant No. 1 took settlement of the land from Bishnupada and got possession, that the land was wrongly recorded in the name of the defendant No. 3 Parichan Bibi and as such Title Suit No. ...... have no cause of action to file the suit. The case of the contesting defendants was that defendant No. 1 took settlement of the land from Bishnupada and got possession, that the land was wrongly recorded in the name of the defendant No. 3 Parichan Bibi and as such Title Suit No. 616 of 19......here is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ......ade hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 360. ..Category: Property Law | Date: | Hits: 37
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