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Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
....which would be apparent from the narration of the plaint case but in the concluding portion it observed that it was a suit for cancellation of the Gazette Notification. Learned Attorney General has also submitted that this Division has committed the same error in taking the view that it is a suit fo...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......the suit land was acquired by Gazette Notification dated 4th May, 1961 for the extension of agriculture in the name of Agricultural Directorate and, therefore, the suit is not maintainable. 4. The trial Court on consideration of the evidence on record by judgment and order dated 30th October, 200......Reported in: VIII ADC (2011) 702. ..Category: Property Law | Date: | Hits: 57
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....is petition for leave to appeal is directed against the judgÂment and order dated 21.01.2009 passed by a Division Bench of the High Court Division in Civil Revision No.4555 of 2003 making the rule absolute and reversÂing those dated 25.09.2003 passed by the District Judge, Comilla in Miscellaneous......nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......mptees. Therefore, the Jama and the holding of the case land have been separated. As a result, the pre-emptor being a stranger in the case holding is not entitled to pre-empt the case land. 5. The trial Court dismissed the Miscellaneous Case for pre-emption by its judgment and order dated 14.01.2......r Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mosammat Manikjan Bibi………………………………….Petitioner Vs. Md. Jalil alias Abdul Jajil and others…………….Respondents Judgment May 11, 2011. Result: The petition is di..Category: Property Law | Date: | Hits: 58
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....e rightful owner, she conÂstructed a 2(two) storied building therein by taking loan from the House Building Finance Corporation in Loan Case No. KL/6. Mahmuda Begum dug a pond in the suit land and also planted various trees. Mahmuda Begum entered into an agreement with the plaintiffs to sell the su......to get any relief in the suit and as such, the learned Judge of the High Court Division erred in law in affirming the judgment and decree passed by the appellate Court and, therefore, interference is called for with the impugned judgment and order by granting leave by this Court. 11. Mr. Quamrul......legal aspect of the case and thus fell into an error in affirming those of the appellate Court by the impugned judgment and order. The learned Deputy Attorney General has furÂther contended that the trial Court gave clear finding that although the plaintiffs amended the plaint by adding the prayer ...... Case is also Reported in: VIII ADC (2011) 679. ..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
.... owner of 2.07 acres of land as described in the schedule of the plaint. Md. Chulai acquired that land by purchase from one Sattar Mia by Kabala dated 18.4.1952. The said Md. Chulai died leavÂing 06 sons and one wife Sakhina Khatun, his other wife Rabaya died during his life time. The three sons of......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......974 acquired a good title in that land by virtue of adverse possession and that the right title and interest of the plaintiffs in that land extinguished. 5. Against this judgment and decree of the trial court the plaintiff filed the above mentioned Other Class Appeal No.17 of 2007 before the Dist......d. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Hoque…………………………………………Petitioner Vs. Md. Jabbar and another ………………………………….Respondent Order March 10, 2011. Resul..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....dge, Gazipur for specific performance of contract against defendant-respondent No.1 (hereinafter referred to as the defendant). In the suit the Government of the People's Republic of Bangladesh was also impleaded as defenÂdant No.2 in view of the provisions of President's Order No.142 of 1972. 3......ed the 19th day of July, 2009 passed by the High Court Division, in First Appeal No.278 of 2003). Judgment Md. Abdul Wahhab Miah J. - In this petiÂtion for leave to appeal the petitioners have called in question the judgment and decree dated the 19th day of July, 2009 passed by the High Court......pective and thus, erred in law in not decreeing the suit as a whole, therefore, the impugned judgment and decree calls for interference by this Court by granting leave. 7. From the judgment of the trial Court it appears that it, on consideration of the eviÂdence on record, came to the clear find...... (Civil) Present: Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Shaki Md. Shoaib and others…………………………….Petitioners Vs. Md. Kashem Ali Bhuiyan and othersâ..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
....asker and other.............................Petitioners Vs. Abul Kalam and other ..................................Opposite Parties Judgment May 25, 2011. Result: The Rule is made absolute. Cases Referred to- Nuruddin Ahmed Vs. Zafarullah Siddique and others, 42 DLR 246; Md....... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......hange the nature and character of the suit. 12. The principle amendment as elicited in the above case as reported in 42 DLR at page-246 as applied in the instant case where appear that the learned trial Judge will get a opportunity to came to a proper decision after obtaining oral and documentary......ormation and necessary action. Ed. This Case is also Reported in: ..Category: Administrative Law | Date: | Hits: 199
Shatadal Mondal Vs. State, 2011, 40 CLC (HCD)
....passed by the Additional Sessions Judge, Munshigonj in Special Tribunal Case No.56 of 2010 arising out of Sirajdikhan P.S. Case No.16 dated 2010 is hereby set aside and the appellant Shatadal Mondal, son of late Nitai Mondal may find bail on furnishing bail bond subject to the satisfaction of the le......erty to cancel the bail, if the accused appellant misuses in any way the privilege of bail. Communicate the order. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......6 of 2010 arising out of Sirajdikhan P.S. Case No.16 of 2010 dated 25.4.2010 under section 19A of the Arms Act, rejecting the prayer for bail of the appellant. 2. The petitioner was brought to the trial under section 19A of the Arms Act. Thereafter since his prayer for bail was rejected by the im....... The State ………………………………………………………………Respondent Judgment April 6, 2011. Result: The appeal is allowed. Lawyers Involved: Narayan Chandra Mondal advocate-For the appellant. Bashir Ahmed, Assistant Attorney General - For the respo..Category: Criminal Law | Date: | Hits: 69
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... Bangladesh Legal Aid and Services Trust (in short BLAST) earlier moved applications as public interest litigation invoking legal rights of the disadvantaged, disabled and marginalized segment of the society and has also preferred the instant writ petition on behalf of the petitioner nos. 2-4 of the......lly and without lawful authority has revised the said lay out plan and converted the car parking area into commercial plots by dividing it into plot nos. 38A, 38B, 38C, 37A, 36A, 35A and 34A and have called for an auction by publishing in the daily Sangbad on 20.04.1999 to lease out plot no. 38A mea......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......s Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
.... The petitioner Manjurul Huq prays for issuance of Rule Nisi under Article 102(2)(a) of the Constitution calling upon the respondents to show cause why the impugned order bearing Memo No. BADAS/Proshason‑437/91/273 dated 24.1.91 (Annexure‑D) issued under the signature of the Chief Advisor and Di......mably respondent No.4 or 5) who is also an officer of the Bangladesh Diabetic Association. Therefore, the orders or actions of the aforesaid employees of the Bangladesh Diabetic Association cannot be called in question by the petitioner before this Court under Article 102(2) (a) of the Constitution.......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......t High Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Manjurul Huq ................Petitioner Vs. Bangladesh and others .................Respondents Judgment February 13, 1991. Result: The applicat..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....sh credit facilities. This plaintiff, as per banking practice, allowed the cash credit facilities of Taka 175 lacs by creating mortgage of the properties mentioned in the schedule to the plaint and also signing personal guarantee of all the Directors namely, defendant Nos.2 to 7. The plaintiff Bank ......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232....... is the law and in support of this contention he has also referred to a decision reported in 36 DLR page 136. He has further submitted that in the instant case the impugned judgment and decree of the trial Court, having not been passed after full hearing of the suit but in the absence of the learned...... Vs. Agrani Bank……………………………Opposite Party. Judgment February 20, 1991. Result: The Rule is discharged. Cases Referred to- Brij Indar Singh Vs. Kanshi Rain and others, 44 IA (PC) 218; Haji Md. Yusuf Vs. M/s Ahmed Brothers and others, 8 DLR 662; Chhazzu Ram..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
....udur Rahman J Mitali Shipping Lines…………….Petitioner. Vs. Bhuiyan Navigation Agency............. Opposite Parties. Judgment February 12, 1991. Result: The Rule is made absolute. Lawyers Involved: Saidul Huq, Advocate ‑For the Petitioner. No one‑ For the Opp...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ......s whether the vessel after being given to the jimma of the opposite party No.3 by an order under section 516A CrPC remains in the seisin of the criminal Court pending the conclusion of the enquiry or trial. Mr. Saidul Huq drawing my attention to the provision of section 516A CrPC seriously contends ......dge, 3rd Court, Dhaka in Title Suit No.188 of 1887 under section 151 CPC. 2. The short facts for disposal of the Rule are, that the petitioner Mitali Shipping Lines carries business in partnership and owns a steel hull cargo vessel M V Asrafuddin. By an agreement executed by Murad Hossain, a part..Category: Civil Law | Date: | Hits: 97
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
.... Present: Abdul Hasib J Mir Amanullah……………Petitioner Vs. Mohammad Sharif and others………… Opposite Parties Judgment August 20, 1991. Result: The Rule is made absolute. Cases Referred to- Tamizunnessa Vs. Umar Ali, PLD 1967 (Dhaka) 600; Syed Ali Gazi and ......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ......r non‑pecuniary consideration in favour of opposite party Nos.1 and 2 who are the grandsons of late Mir Abdul Jalil. Moreover, the case was barred by limitation and for defect of parties. 4. The trial Court dismissed the pre‑emption case on the finding that the transfer in question was Heba-b......in: 44 DLR (HCD) (1992) 228. ..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....86 passed by the learned Sessions Judge, Sunamganj in Sessions Case No.3 of 1986 convicting appellant Shadat Ali under section 304 Part II of the Penal Code and Sentencing him to suffer rigorous imprisonment for 10 (ten) years and also to pay a fine of Tk. 1000.00, in default to suffer Rigorous Impr......bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......in, Shadat Ali, Mohiuddin, Shanur Uddin, Jasim Uddin, Nazim Uddin under sections 147/326/302/34 of the Penal from behind and gave order to kill him when accused Code. 3. At the commencement of the trial, charge under sections 304/34 of the Penal Code was framed as against all the 6 accused person...... This Case is also Reported in: 44 DLR (HCD) (1992) 217. ..Category: Criminal Law | Date: | Hits: 73
.... No.1 instituted the above writ petition chalÂlenging the legality of his termination from the Service of Bangladesh Parjatan Corporation while he was serving as Manager, Benapole Parjatan Motel, Jessore. He claims that he has been perÂforming his duty to the satisfaction of his higher authority a.......
4. The High Court Division upon hearing the parties observed:
"We hold the view that this sort of collection is undoubtedly beyond the scope of law and for alleged misappropriation of the so-called charge, the impugned order of terÂmination is also illegal. The petiÂtioner did not deny th......eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ...... ADC (2011) 645. ..
Category: Employment/Service Law | Date: | Hits: 109
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
.... disposal of this petition for leave to appeal are that the petitioner as plaintiff filed Artha Rin Case No.1 8 of 2004 in the Court of Joint District Judge, Second Court, Rajbari against the predecessors of the present respondents for realization of a sum of TK. 15,03,77.00 as on 22.04.2004 on the ......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......spondents nor their predecessors drew any amount from the account of loan sanctioned on 13.12.1994, the bank was not entitled to get the amount claimed from the responÂdents as prayed for. 4. The trial Court on consideration of the evidence on record decreed the suit in-part, that is, allowed th......n Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Agrani Bank Limited………………………………………………….Petitioner Vs. M/S. Kalipada Saha & Brothers and others………………..Respondents Judgment June 22, 2011. Result: The petition i..Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....ra from Sarif Lokman Ahmed by a regisÂtered kabala and had been possessing that 13 decimals of land by constructing homestead thereon. Subsequently Sarif Lokman Ahmed, for the purpose of sending his son to Middle East, required money and as such he contracted to sell another 27 decimals of land of ......book is dispensed with as prayed for Parties arc directed to maintain staÂtus quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ...... and order the contesting defendant filed First Appeal No.104 of 1991 before the High Court Division. 8. The High Court Division allowed the appeal, set aside the judgment and decree passed by the trial court making observations to the effect mainly that the plaintiff did not plead about cause of...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Aminul Islam…………………………………………………….Petitioner Vs. S. M. Habib alias Dulal and others……………….Respondent Order March 27, 2011. Result: Leave is granted..Category: Property Law | Date: | Hits: 51
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....‘Inspector of Police, Kotwali Police Station, Sylhet was on a patrol duty in Sylhet town and at about 4‑30 AM he received a secret information that in Laldighirpar Hawker's market a man was loading some old clothes (garments) in a truck to go to India through Tamabil Road and to smuggle, out the s......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209.......taking cognizance of the case under section 25B of the Special Powers Act on 26.6.1988 sent the same to the Court of Mr. Rinoy Kumar Bose, the Special Tribunal for prevention of smuggling, Sylhet for trial. The Special Tribunal received the case records on 30.6.88 and at that time these two appellan...... No. 266 of 1990. Judgment Muhammad Ansar Ali J.- These two appeals under section 30 of the Special Powers Act, one at the instance of accused Md. Dulal Mia being Criminal Appeal No.605 of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
....142 of 1991 arising out of Ramgati Police Station Case No.1 dated 7.5.91 and No.2 dated 8.5.86 rejecting the prayer for bail. 2. Fact of the case is rather a checkered one and it need be stated in some details. In the General Election held in 1986 there arose some incident of assault, hijacking o...... the merits of the case as it should prejudice the accused at the trial. The Rule is thus discharged. Communicate the order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 205......./148/ 150/325/332/342/379/302/34 of the Penal Code except ASM Abdur Rob. 4. The said police report was accepted by the teamed Upazila Magistrate and the present petitioner has not been sent up for trial by the police in that charge. He was discharged by the Magistrate vide his order dated 25.10.1......€‘ For the State. Criminal Miscellaneous Case No. 376 of 1991. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 498 of the Code of Criminal Procedure and is directed against an order dated 31.3.1991 passed by the learned Sessions Judge, Lakshmipur, i..Category: Criminal Law | Date: | Hits: 85
Narayan Chandra Banerjee alias Bandapadhya Vs. Md. Salek Ali Shaik, 1991, 20 CLC (HCD)
.... Chandra Banerjee alias Bandapadhya……………Defendant Petitioner Vs. Md. Salek Ali Shaik............Plaintiff Opposite Party Judgment April 3, 1991. Result: The Rule is made absolute. Cases Referred to- Dalsukharam Saheba Vs. Mulchand Ashram, AIR 1928 (Bom) 427; Injad A...... aside and the decree of the trial Court is hereby restored. There will, however, be no order as to cost at this revisional stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ...... consideration money out of the total consideration money paid by the plaintiff for the land. In the case plaintiff has examined himself as P.W.1 and the defendant was examined as D.W. 1. The learned trial Court after examination of the witnesses and hearing arguments by his judgment and decree date......nal stage. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 202. ..Category: Civil Law | Date: | Hits: 76
Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....asis of adult franchise. Under Article 11 of the Constitution: "The Republic shall be a democracy in which fundamental human rights and freedom and respect for the dignity and worth of the human person shall be guaranteed and in which effective participation by the people through their elected r......cles of the Constitution or its preamble. It is not obligatory on the part of the legislature to mention the reasons for abolition of a system or repealing the connected law nor the reasons can be called in question in Court nor the legislature is bound under any Articles of the Constitution to......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ...... 4. Kudrat‑E‑Elahi Panir (In Writ Petition No. 3002 of 1991)…………………….Petitioners Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural DevelopÂment and Co‑operative (Local Government Division), Government of Bangladesh, Bangladesh Secretariat, D..Category: Constitutional Law | Date: | Hits: 461
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