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Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... plaintiff moved the High Court Division in revisional jurisdiction and obtained the Rule. 7. The High Court Division discharged the Rule on the finding that the trial Court decreed the suit wrongly placing onus upon the defendant to prove the kabala in question forged and fabricated altho...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....nquiry even though for arguments sake, it is accepted that the principles of natural justice were followed." He decreed the suit accordingly. The learned Judge, it will be seen, ended up wrongly while making a very correct beginning. 13. The learned Subordinate Judge, we hol......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......hellip;…………………………….Respondents. Judgment January 12, 1998 Lawyers Involved: A. K. M. Shafiuddin, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants Khan Saifur......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 73
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ...... the appellant in C.A.No.62 of 2004 (Wega Fashion Sweater Pvt. Ltd.) by altering Government's earlier decision. The further case is that one Mrs. Madlena D. Rozario purchased the land from the C.S. recorded owners and possessed the property. The Government requisitioned the property by order dated......are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
.... the appellants that in view of the allegation against the leave petitioner that he created a sale deed bearing No.5971 dated 30.12.1978 in his favour by forging signature of Pramila Sundari it was wrongly held to be proved without examining the signature of the executant in the disputed sale dee......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ...... imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......n. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......al Register dated 3.4.1988 in order to prove the injury and illness of Sultan Ahmed, full Brother of the informant, who was medically examined on that date by attending Doctor U.S. Chakma and duly recorded in the register entry No. 3/ 2004 dated 3.4.1988 of the Emergency Out Door Register of sai...... Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ..Category: Criminal Law | Date: | Hits: 51
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....after their properties and during the revisional settlement operation, the husband of the plaintiff taking advantage of the above situation recorded the suit land in the name of the plaintiff wrongly and afterwards the respondent Nos. 1-12 filed a miscellaneous case under Section 143A of th......ll interest and since then the plaintiff has been possessing the same on cultivating the same through her husband and also by paying rents to superior landlords and her name has been correctly recorded in R.S. Khatian No. 104 during the last R.S. operation; the aforesaid Kancha Mai, un......ision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....to the Subordinate Judge (now Joint District Judge), Artha Rin Adalat, Sylhet and renumbered as Title Suit No. 71 of 1991 stating, inter alia, that the land of SS Plot Nos. 7430, 7431 and 7432 were wrongly recorded in settlement records but, in fact, the total area of the land according to physi......ubordinate Judge (now Joint District Judge), Artha Rin Adalat, Sylhet and renumbered as Title Suit No. 71 of 1991 stating, inter alia, that the land of SS Plot Nos. 7430, 7431 and 7432 were wrongly recorded in settlement records but, in fact, the total area of the land according to physical poss...... Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....y maintainable. 10. Mr. B. Hossain next submits that the respondent was dismissed from service in full compliance with Rule 25 (2) of the 1985 Rules and the Administrative Appellate Tribunal wrongly held that the authority did not decide whether the respondent convicted by a Court of Crim......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......n this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ...... to which they pleaded innocence and claimed to be tried. 10. Prosecution in all examined 13 witnesses. Of them P.W.5 at the relevant time was the Officer-in-Charge of Malendaha Police Station and recorded the FIR on the oral statement of the informant (P.W.I), P.W.7 was the Upazila Magistrate wh......ve bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
....tle and possession, transferred it in his favour by way of Ewaj-Badal under a registered deed No.1467 dated 25.03.1989 and handed over possession to him. But due to mistake, the Khatian number was wrongly written in the schedule of that deed. He was not aware of the Other Suit No. 53 of 19190 bu......90 of 1991 before the Senior Assistant Judge, Nalitabari for recovery of possession of the possession of the suit land under Section 9 of Specific Relief Act stating, inter alia, that the suit land recorded in R.S. Khatian No.241, fully described in the schedule to the plaint was handed over to ......ner. Accordingly, this application is dismissed. Ed. ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..Category: Property Law | Date: | Hits: 51
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......aka on 27.06.1992 for declaration of title and recovery of khas possession of the suit property after removing all structures from the suit property stating, inter alia, that Abdul Kader was the C.S. recorded tenant of the suit property. Abdul Kader sold the suit property to Sarat Chandra Ghose Ukil......ur discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......laintiffs by force on 09.01.1992 and illegally entered into the suit land and constructed some kucha houses on the suit land. Plaintiff A.N.M. Obaidul Islam made a waqf of the land comprising of S.A. khatian No.197 and S.A. plot No.298/303 and he worked as Mutwlli of the said waqf Estate. Remaining ..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......itle in respect of 1.10 acres of land in both the khatians. Out of those 1.10 acres of land government acquired .38 acres of land for Faridpur-Barisal High Way, the remaining .70 acres of land was recorded in the name of Nuruddin in S.A. Khatian No.1009. Nuruddin died leaving behind his son defe......es, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ...... leaving behind her two brothers Nuruddin and Fazlu Mia as her heirs. Fazlu died leaving Nuruddin as his only heir. In this way Nuruddin acquired title in respect of 1.10 acres of land in both the khatians. Out of those 1.10 acres of land government acquired .38 acres of land for Faridpur-Barisa..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......gment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... and possession of .09 acres of land. That on 29.02.1975 the plaintiffs for the first time came to know that out of the said land .07 acres was recorded in their names while the rest .02 acres was wrongly recorded in the khas khatian of the government. During the pendency of the suit defendant-r.......1960 and thereby the plaintiffs acquired right, title and possession of .09 acres of land. That on 29.02.1975 the plaintiffs for the first time came to know that out of the said land .07 acres was recorded in their names while the rest .02 acres was wrongly recorded in the khas khatian of the g...... we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of land. That on 29.02.1975 the plaintiffs for the first time came to know that out of the said land .07 acres was recorded in their names while the rest .02 acres was wrongly recorded in the khas khatian of the government. During the pendency of the suit defendant-respondent No.2 dispossessed ..Category: Property Law | Date: | Hits: 46
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......s allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
.... stage, but it may be raised only after conclusion of the whole election process. This means that Civil Court's jurisdiction is impliedly excluded; it is therefore clear that the learned Single Judge wrongly held the suit to be maintainable. The election held on the strength of the temporary injunct......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......88. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......e under s.32(1) of the Evidence Act, and if by careful examination it is found to be reliable, then it may by itself be the basis for conviction even without corroboration. A dying declaration may be recorded by any person who is available and it may be written or it may be verbal; it may also be in......d stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....a succession certificate on 19.12.1972; that he never left this country and that he sold his father's property at 5, Bakshi Bazar, Dhaka to the petitioner, Mrs. Sahera Khatun; and, that the house was wrongly included in the list of abandoned properties. In that case there was no affidavit-in-opposit......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......ty, do not constitute any offence and if there is no legal evidence. In the instant case question of considering the third consideration as to legal evidence does not arise as evidence is yet to be recorded. There is also no material to indicate existence of any bar for prosecuting the accus......here is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
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