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Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
.... 4 and 5 daughters, the pre-emptee Nos. 2,5-8 and a widow, the pre-emptee No.9. Admittedly, the pre-emptors by different registered kabala deeds have purchased 0.56 decimals of land out of the suit holding from pre-emptee Nos. 2-9 and have become co-sharer by purchase. Further case o......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ..Category: Property Law | Date: | Hits: 33
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....the petitioner herein, by filing a written statement supported the respondent Nos. 2-5. 5. The trial court, after hearing, dismissed the suit holding that the respondent No.1, having committed breach of the terms and conditions of the lease ......y such show of executive fiat; further exhibit Kha showed that there was a Board of Allotment in the Ministry of Public Works comprising of a Joint Secretary and other officials to deal with such government land and on the application of the petitioner dated 25.2.93 the above Board, in its decis..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....rmise, conjectures and extraneous circumstances for which the findings are liable, to be struck down; that the High Court Division committed a grave error of law occasioning failure of justice in not holding to the effect that the appellate Court below on misreading and on misinterpretation of the e...... in Civil Revision No.530 of 2001 are, inter-alia, that the plaintiff-respondent instituted Other Class Suit No.66 of 1997 in the Court of the Assistant Judge, Katiadi for declaration of title and recovery of khas possession. 3. The plaintiff case, in short, is that 0.08 acres of land of Plot No...Category: Property Law | Date: | Hits: 42
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....hapter XX of the Code of Criminal Procedure in trial of the cases. On perusal of the provision of Chapter XX of the Code of Criminal Procedure the High Court Division did not find that as a result of holding trial under Chapter XX, in the interest of speedy trial of the cases pursuant to the princip......4 is allowed. The Constitution of the People’s Republic of Bangladesh 1972, Article 35(3) The Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tr..Category: Criminal Law | Date: | Hits: 59
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....tute Book forthwith, whereas the learned other Judge made absolute the Rules in Writ Petition No. 192 of 2001 and 188 of 2001 and the Rules issued in other writ petitions were made absolute in part holding that sections 16(1 )(2) and 18(Kha) of the Public Safety (Special Provisions) Act, 2000 are......ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....y affidavits were also filed by both the parties. 21. High Court Division, after hearing, made the Rules absolute and declared the termination of the service of the respondent Nos. 2-8 as illegal holding that the order for release from service of the respondent Nos. 2-8 is nothing but a construc......f a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the instant case, not even the minimum requirement of law was complied with. Moreover, the service of the petitioners was terminated in a lump in four office orders. This kind of te..Category: Employment/Service Law | Date: | Hits: 105
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
.... disclose the ingredient of offence as provides in clause (c) of Section 25Aof the Special Powers Act. This being the state of the matter we are of the view the High Court Division was in error in holding that the First Information Report and the police report do not disclose any offence under S......house of accused Mohiuddin in village-Ramanandi in No. 16 Lahakandi Union Parishad and while searching the house of accused Mohiuddin then a travel bag containing counterfeit currency-notes, Government stamps, revenue stamps and instruments for making counterfeit currency-notes, revenu..Category: Criminal Law | Date: | Hits: 38
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
.... morning accused Azahar, brother-in-law of accused Salim went to the dwelling house of victim Majibur Rahman and called him out of the house to talk about payment of money by those accused persons by holding another salish and took him to the southern side of the house in the kalai (a kind of pulses......im passed in the said examination. Therefore, Majibur Rahman demanded back the money from them. Over the same matter relation between them became strained and inspite of a salish the money was not recovered. On 12.12.1991 at about 9.00 A.M. in the morning accused Azahar, brother-in-law of accused Sa..Category: Criminal Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
.... 8.2.2007 passed in Contempt Petition No. 2 of 2003 rejecting the petition of the petitioners. 2. Short fact is that the mother of the petitioners, Monowara Islam, purchased the land of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659 dated 6......003 rejecting the petition of the petitioners. 2. Short fact is that the mother of the petitioners, Monowara Islam, purchased the land of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659 dated 6.4.1990 and was possessing the same by mutating ..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)
....ine and Appeal) Rules, 1985 was initiated against the Respondent. In due course the Respondent submitted his explanation and then an enquiry was held and a report was submitted on November 11, 1997 holding the Respondent guilty. Thereupon second show cause notice was issued to the Respondent and ......reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Af..Category: Administrative Law | Date: | Hits: 120
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... which are not corroborative evidence to support plaintiffs possession. That though the High Court Division failed to consider the evidence on record but affirmed the findings of the trial Court in holding that the trial Court considered properly the evidence and other materials on record althou...... Section 9 of the Specific Relief Act decreeing the suit. 2. The respondent No.1 as plaintiff on 04.06.2000 filed Title Suit No. 21 of 2000 in the Court of Assistant Judge, Balaganj praying for recovery of possession of the suit land after evicting the defendant No.1 from the said suit land under..Category: Property Law | Date: | Hits: 42
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
.... High Court Division was in error in not considering the fact that two of the donors filed written statement supporting the case of the defendant No.1, that the High Court Division was in error in holding that it was not proved that there was offer and acceptance and delivery of possession, that......ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ..Category: Property Law | Date: | Hits: 37
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....sor did not acquire any title or interest in the suit land on the basis of the alleged settlement as the suit land was a protected forest land of the Government. The trial Court dismissed the suit holding that the plaintiffs could not prove the settlement. The plaintiffs then preferred First App......t block measuring a total of 20 acres of land which is well demarcated on all sides by boundary walls; in the initial record of right the suit land having been recorded as forest land of the Government and the plaintiffs filed Miscellaneous Case No. 1300 of 1963 for correction of the record..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....ndants filed the above miscellaneous appeal before the High Court Division and after hearing allowed the appeal. 3. Leave was granted on the submissions that the High Court Division erred in holding that the summons were not served upon defendant No.1 as there was no tender of the same upo......served upon the defendants through process server and OPW No. 3, the attesting witness, proved service of summons while the defendants failed to prove that no summons were served upon them and moreover, the defendants did not challenge the service of summons which were sent through register..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....tion 42 of the Specific Relief Act is not supported by any reasoning, that trial Court was in error in not determining whether at all Syed Rafiuddin Ahmed made transfer to Anowara Begum and that in holding by the Exhibit 2 i.e. the agreement, between Anowara Begum and the plaintiff and Exhibit 3 ......s filed upon averring, inter alia, that the property shown in the schedule attached to the plaint was owned by Syed Rafiuddin Ahmed on the basis of the lease dated January 28, 1964 taken from the Government and said Syed Rafiuddin Ahmed sold the property so obtained by lease to Mrs. Anowara Begu..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
....on taken up by the defendants was legally done within the area of the inherited land from the predecessor of the defendants and the defendants having title and possession, municipal holding also stood in their name and the plaintiff's case being false the suit was liable to be dism......cts, in short, are that Md. Yusuf, predecessor of the plaintiff-respondents, instituted Title Suit No. 69 of 1996 in the Court of Senior Assistant Judge, 3rd Court, Dhaka for declaration of title, recovery of khas possession and demarcation of the suit property stating, inter alia, that one Tusi B..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....t admittedly, the said order was neither communicated to both the parties nor shown to the learned Advocates of both the parties. 4. As it appears the High Court Division discharged the Rule holding that the civil revision was disposed of on merit by a regular judgment discharging the Rule......03 BLD 158 though the decisions of this Division are binding upon the High Court Division; the High Court Division while rejecting the prayer for re-hearing did not at all consider that the uncontroverted assertion about the death of the sole engaged lawyer of the petitioners on 5-6-1995 and the..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....tioner that the provision of Article 4 of the P.O. 12 of 1972 being clear and free from ambiguity, as such, upon resorting to the preamble of P.O. 12 of 1972 the High Court Division was in error in holding that the suit was barred by limitation on the view since plaintiffs' suit was not of the k...... 11 created a deed in respect of 15 decimals of land of plot No. 4346 in favour of the defendant Nos.13-16, that the said deeds are collusive and fraudulent, that the plaintiffs are entitled to recover possession of the suit land as well as usufruct thereof. 3. The suit was contested by ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
....iffs of the land in suit, the suit for mere declaration of title is barred by section 42 of the Specific Relief Act and that wrongly arrived at the finding of possession in favour of Firoz alone upon holding possession of Abu Sufian "may be treated as intruder", which is inconsistent to the evidence......tiffs and defendants are possessing the land in suit. At that stage he was declared hostile and while he was being cross-examined by the plaintiffs the witness denied the suggestion that being gained over by the defendants he has deposed falsely. In cross-examination by the defendants the witness ha..Category: Property Law | Date: | Hits: 33
Md. Tobarok Hossain Vs. Md. Fazlul Hoque, 2008, 37 CLC (AD)
.... monthly rent. 5. The tenant i.e. petitioner herein contested the suit denying the contention of the plaintiff as of his being a tenant under the plaintiff and also that he is a co-sharer of the holding i.e. the premises in question and that a partition suit is pending, that there was no agreem......t of Assistant Judge and S.C.C. Judge, Bogra in S.C.C. Suit No. 07 of 2002 decreeing the suit. 3. The suit was filed seeking ejectment of the monthly tenant i.e. the petitioner herein and for recovery of rent due till disposal of the suit. 4. The ejectment of the tenant was sought on the g..Category: Tenancy Law | Date: | Hits: 165
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