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Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....belonged to 4 brothers namely, Adhar Rishi, Ridhaya Rishi, Mukul Rishi and Joy Gobinda Rishi. Adhar Rishi died leaving behind only daughter Jottashari Rishi. Ridhaya Rishi died leaving behind only son Jodunath Rishi who by Kabala dated 01.08.1985 purchased 4 annas share of Jottashari Rishi and t......e Leader created collusive kabalas and by dint of those collusive deeds, he dispossessed the plaintiffs on 02.11.1974. Thereafter, Hanif transferred the suit land to defendant Nos.1 and 2 by the so-called registered deed dated 05.12.1977. Hence is the suit. 3. The defendant Nos.1 and 4 con......ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ..Category: Property Law | Date: | Hits: 21
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....st the judgment and order dated 24-8-2000 passed by the High Court Division in Criminal Appeal No.1131 of 1993 at the instance of the accused appellants and Criminal Appeal Nos. 4 to 10 of 2001 are also directed against the self-same judgment but at the instance of the State challenging the modifica...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......ention helped the 13 accused applicants to get illegally the lease of the land in their favour and then helped JPL and its Directors to get 12 kathas of land of plot No.49 at a negligible sum causing loss to RAJUK to the tune of Taka 5, 48, 70,900 to obtain pecuniary advantage for themselves or for ..Category: Anti-Corruption Laws | Date: | Hits: 294
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
.... are directed against the common judgment and order dated 09.08.1999 passed by a Division Bench of the High Court Division in Writ Petition Nos.5392 of 1996 and 576 of 1998 making both the rules absolute. 2. The respondents as writ petitioners filed Writ Petition Nos. 5392 of 1996 a......omilla comprising 2.50 acres of Plot Nos. 342 and 381 being the subject matter of Writ Petition No.5392 of 1976 and Plot No. 380 being the subject matter of Writ Petition No.576 of 1998 hereinafter called the case land as without lawful authority and for a direction on the writ-respondent appella......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
.... vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonali Bank and others, 37 DLR (AD) 42. Lawyers Involved: ......the law or in other words offends the provision of law. 6. The Courts of facts discussed the evidence on record and held the convict was guilty of the offence he was charged and called upon to answer, if any. The courts of facts consideration the evidence of P.W4 and placed rel......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
....ng it to use 11,400 cubic feet per hour and 10 PSIg pressure and thereafter the petitioner regularly paid various fees and charges against supply of gas and as per their demand, the respondent No.1 also gave a bank guarantee for a sum amounting Tk.11,27,800/- in their favour, the validity of which i......so the livelihood of large number of workers, the balance installments may be accepted.
4. As it appears the High Court Division issued Rule on the following terms:-
"The records need not be called for.
Let a Rule be issued calling upon the opposite parties to show cause as to why the i......ting Tk.11,27,800/- in their favour, the validity of which is up to 7.3.2008; due to the unrest in the country and also insufficient gas supply to the above industry, the company having suffered huge loss could not pay bills regularly and the respondent No.1, without any notice, disconnected the gas..
Category: Civil Law | Date: | Hits: 120
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....ment and order dated June 7,2007 of a Division Bench of the High Court Division in Writ Petition Nos. 955 of 2005, 3186 of 2004, 2183 of 2004, 3362 of 2004 and 4339 of 2004 making the Rules absolute. 2. As the facts of the writ petitions were more or less same and the question of law...... their names were listed without proper verification and that also made decision to stop payment of Honorarium since some of the writ petitioners were found not Freedom Fighters. 14. We called upon the learned Counsel representing the leave petitions to address the Court as regard the......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....t the 'Ka' schedule land belonged to Faizuddin and that 'Kha' schedule land was owned by the plaintiffs and the defendant No.1 in equal share, that Faizuddin had two wives, that plaintiffs are the sons of the second wife and the defendant No. 1 is the son of the first wife, that Faizuddin died l......harers and, as such, by the auction purchase defendants did not acquire exclusive ownership to the land so purchased. The co-sharers i.e. plaintiffs cannot be deprived of their due share by the so called auction sale since the auction purchaser was one of the co-sharers closely related person i.......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ..Category: Property Law | Date: | Hits: 32
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
.... the respondent No. 2, refusing to renew the lease of the pathor mahals granted in their favour for further period as per provisions of the Mines and Minerals Rules 1968 as amended upto 1995 and also in terms of the lease agreements executed in their favour on the averments that they, with a vie......llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ......ittee and in the present cases those are wanting and that the government can change rules for achieving administrative efficiency and/or for public interest and the government, having suffered loss of huge revenue due to the mismanagement of the quarries in different parts of the countr..Category: Others | Date: | Hits: 101
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....l Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Zakir Hossain and others ................Petitioners Vs. Secretary, Ministry of Power, Energy and Mineral Resources, Govt. of Bangladesh, Bangladesh Secretariat, Ramna Dhaka and others ............................irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ...... Rural Electrification Board, the Board, and the above memo, if implemented, would be a complete violation of the provision of the President Order No. 59 of 1972 and the petitioner will incur huge loss because rate of electricity per unit of Palli Biddut Samity, the Samity, is much higher then t..Category: Civil Law | Date: | Hits: 119
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... Case(pre-emption) No. 29 of 1993 allowing the same. The Miscellaneous Case was filed under section 24 of the Non-Agricultural Tenancy Act. 2. Facts in short, are that the pre-emptor sought to pre-empt the land transferred by the Heba-bil-Ewaz deed dated April 4, 1978 claiming to be......e about the Heba-bil-Ewaz deed by which land which is part of pre-emptor's homestead has been transferred, that on September 1, 1989 pre-emptee-opposite party No. 1 (in the Miscellaneous case) called a 'salish’ to sell the land sought to be pre-empted and also the structures thereon as...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ..Category: Property Law | Date: | Hits: 19
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and othÂers, 2005, 34 CLC (AD)
....1170,1171 and 1172 of 1995, rejecting the review petitions. The review petitions were filed against the judgment dated June 10, 1996 making the Rules obtained in the aforementioned writ petitions absolute and thereupon declaring that the land measuring 29.99 acres were not acquired in L.A. Case ......possessed by the T&T authority although there is no Gazette Notification for the acquisition of the said land. The Ministry of land Administration and Land Reforms called for a report from the office of the Deputy Commissioner, Dhaka. The Additional Deputy Commis......on of the requiring body ever since and are being used for various needs of the Bangladesh T&T Board including expansion and modernization of telecommunication technology in the Country, loss of possession of any part of such land will cause irreparable injury and loss to the Board, th..Category: Property Law | Date: | Hits: 56
Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)
....Code of Civil procedure which was rejected by order dated 07.10.1998. The property of the judgment debtor was put into auction and the respondent No.2 being the highest bidder the suit property was sold to him in the auction sale. Thereafter, the present writ petitioners filed an application unde......99 Passed by Artha Rin Adalat and Joint District Judge, Dinajpur, respondent No. 1 in a proceeding under Order 21 Rule 89 of the Code of Civil Procedure being Miscellaneous Case No. 16 of 1998 was called in question. The respondent No.3 Rajshahi Krishi Unayan Bank, Birainpur Branch, Dinajpur in...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ..Category: Civil Law | Date: | Hits: 92
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....was restored. Thereafter the defendant No. 1, the petitioner herein, filed written statement stating, inter alia, that the defendant No.9 Mrs. Shahana Begum died on 3.2.86 and then the petitioner also filed another application for recording abatement of the suit so far it, relates to the said def......nable. We are of the view that the High Court Division on correct assessment of the evidence on record and applying the correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 200......he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ..Category: Civil Law | Date: | Hits: 78
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
.... This petition for leave to appeal has been filed against the judgment and order of April 12, 1999 of a Division Bench of the High Court Division in Civil Revision No. 915 of 1997 making the Rule absolute which was obtained against the order No. 48 dated November 12, 1996 of the 1st Court of Sub......an ex parte decree can be set aside only on specified grounds i.e. when the summons was not duly served and when the defendant was prevented by any sufficient cause from appearing when the suit was called on for hearing", but the court below did neither arrive at the finding that summons wa......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ..Category: Property Law | Date: | Hits: 23
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
....ers .......Respondents Judgment August 11, 2003. Result: The appeal is dismissed. (a) A law may be constitutional even though it relates to a single individual, if on account of some special circumstances or reasons applicable to him and not applicable to others, that single in......ation examination required for promotion. 7. Bangladesh Civil Service (Agriculture: Livestock) was constituted vide S.R.O. No.310-L/80/ED(IC)S11-6/80-101: dated 1.9.1980 under the rules called the Bangladesh Civil Service (Agriculture" Livestock) composition and Cadre Rules, 1980 provi...... from any illegality or infirmity for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 124. ..Category: Employment/Service Law | Date: | Hits: 133
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....of the document taking the plea that the property in suit has been treated as abandoned property and that to get the property out of the abandoned character they have filed suit, that the suit so filed was decreed on May 30, 1988, that there was an appeal and the same was dismissed on May 2......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......Advocate-on-record for the petitioners could not point out that the finding as to the genuineness of the agreement for sale and on the question of limitation and as regard the defendants' story of loss of their papers relating to the property and of making G.D. entry as to the said loss not..Category: Civil Law | Date: | Hits: 74
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....eals and affirming the judgment and decree dated 06.07.2002 passed by the learned Joint District Judge, 3rd Court, Dhaka in Title Suit No. 01 of 2000 making an award dated 11.11.1999 passed by the sole arbitrator-defendant-respondent No. 2 rule of the court and decreeing the suit in favour of th......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ...... 2nd party by their letter for supply of complete drawing so as to enable the 1st party to complete the work without further delay, besides requesting the 2nd party to pay compensation to them for loss they incurred for con- ducting the work for an unreasonable period. Due to such delay extensio..Category: Business or Commercial Law | Date: | Hits: 129
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....Suit No.175 of 1978 by the learned Assistant Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land of R.S. Plot No.2543 appertainin......declined to interfere with the same. We are of the view that the High Court Division on correct appreciation of the materials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported ......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ..Category: Property Law | Date: | Hits: 29
Humayun Majid Vhora Vs. Q.S.M. Jahanzeb & others, 2008, 37 CLC (AD)
.... - This petition for leave to appeal is directed against the judgment and order dated 27.07.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 5691 of 2005 making the Rule absolute. 2. Prosecution case, in brief, is that the complainant was holder of a locker being......t Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 716. ......ustomer is barred to keep money in the locker and the customer is entitled to keep documents, jewelry and other valuables in the locker. The High Court Division also held that if there be any such loss of money illegally kept, in the locker of the bank, the bank cannot be held responsible. ..Category: Criminal Law | Date: | Hits: 49
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....by leave, is by the petitioners in the Miscellaneous Case against the judgment dated December 2, 1997 of a Single Bench of the High Court Division in Civil Revision No. 3504 of 1991 making the Rule absolute obtained against the judgment and order dated November 30, 1989 of the Court of District Judg......g the suit and there is no laches on their part before the ex parte decree. Had petitioner No.4 been not attacked with fever at the relevant time than definitely he would take steps when the suit was called for hearing". On the question of limitation, the appellate Court has observed that petitioner......knowing the same are not genuine they allowed the suit to be decreed ex parte. It was also the contention of the plaintiff-opposite parties that by the ex parte decree defendants had not suffered any loss or injury. 7. The trial Court on consideration of the evidence of PWs 1-3 arrived at the fin..Category: Limitation Law | Date: | Hits: 171
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