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Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ......lodged the aforesaid First Information Report. 3. The local police registered the case, started investigation, examined witnesses including the aforesaid victim girl Tamanna Taskin Nishi and recorded their statements under section 161 of the Code of Criminal Procedure and on 17.8.1999 sub......order of stay granted earlier be extended for further 6(six) months from date. Ed. ......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...... age of the Respondent No. 4 the Board on consideration of the materials placed before it allowed the representation of the Respondent No. 4 and thereupon date of birth of Respondent No. 4 was recorded as 28.3.1948, that amendment of the date of birth of the Respondent No. 4 was not done by...... the appeal is allowed. There is no order as to cost. Ed. ......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ty in the cancellation of wrong entry made in the service book of the said respondent no. 2 and the High Court Division having failed to appreciate he finding of the enquiry report held wrongly that a legal right had accrued to the respondent no. 2 could not be taken away by ignoring......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ind no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and others, 2006, 35 CLC (AD)
....ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... and ever since those refugees have been residing there by constructing houses. One Monindra Nath Pramanik by tempering the record of right (ROR) sold the suit land to the plaintiffs. The land was recorded in the name of Anil Ranjan and since he left for India defendant No. 4 Salgaria Samity on ......aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....y name Sundari Dasi. Jatindra's properties including the land in suit were inherited by his 3 sons, that during S.A. operation the land in suit was recorded in name of said 3 sons and therein wrongly name of defendant No.1 was recorded with the remark life interest, that defendant No.1 had ......ngini Saha (defendant No.1) and a daughter by name Sundari Dasi. Jatindra's properties including the land in suit were inherited by his 3 sons, that during S.A. operation the land in suit was recorded in name of said 3 sons and therein wrongly name of defendant No.1 was recorded with the re...... the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......ves in separate mess. 4. The trial Court on consideration of the evidence of the parties, both oral and documentary, arrived at the findings that the plaintiffs have filed C. S and S. A khatians and Government Dakhilas showing payment of rent upto 1389-90 B. S. that the plaintiff..Category: Property Law | Date: | Hits: 23
Mainul Islam Vs. State and others, 2006, 35 CLC (AD)
....e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ...... "The story of the alleged dying declaration also appear to be concocted RW. 2 did not divulge the story of her recording a dying declaration to anybody else for a long period and the recorded declaration did not see the light of the day at least within who months from its date. A ......oner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......Haji Mohsin Road, Abu Khan Lane (the house of the decease), in to her words, according to F.I.R. occurrence took place within the house of the deceased, the alleged dying statement of deceased was recorded on the same date (17.10.1991) (Ext. 4) in which his house 101/1, Haji Mohsin Road, Abu Kha......, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......n was brought back home. On the basis of the ejhar Godagari P. S. Case No. 10 dated 13-03-1991 was started. During investigation, the convict appellant was arrested, who made a judicial confession recorded under Section 164 of the Code of Criminal Procedure. Thereafter, charge sheet was submitte...... In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ......ions Jude is erroneous and can not be sustained in law. In the result, the appeal is allowed and the accused-appellant is set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: | Hits: 53
Habibur Rahman alias Habu and others Vs. State, 2006, 35 CLC (AD)
....without any explanation and that investigating officer did not seize any blood stained earth nor any wheat plant to identify the place of occurrence. II. Because the courts below wrongly held that the witnesses are independent while P. W.1 admitted that he possessed 3 plots of......rge sheet No. 13 dated 09.04.1994 against the accused petitioners and others under Sections 302/34 and other Sections of the Penal Code. The case was sent for trial. The Sessions Judge, Kishoreganj recorded evidence witnesses and by judgment and order dated 30th 1 April 1985 acquitted the accuse......of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....ng principle in the matter of affirming the judgment of the trial Court as there has been gross misreading and non-consideration of the material evidence on record and the High Court Division also wrongly refused to interfere on the ground of concurrent findings by the appellate court and the tr......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......rchased some land out of suit jama from Devendra Nath. P. W. 4 who is said to be borgader of the plaintiff in the suit land stated that the defendant No.1 cultivated three bigha of land out of suit khatian which he obtained from one Devendra Nath. But we have already pointed out that it is n..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ......ight has been filed by the plaintiff and that the information slip filed in Court has not been proved by competent witness. The trial Court also expressed the view that had the land gifted in 1958 recorded of right prepared subsequent thereto would have certainly been prepared in the name of the...... appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...... the plaintiff's father and as such claim of the plaintiff in respect of the land in suit is baseless, that the suit land has been recorded in the name of the Government in khas khatian No.1, that trial Court having had held that the plaintiff has failed to prove his title and..Category: Property Law | Date: | Hits: 43
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......submits that had the plaintiffs been in possession of the land in suit prior to the preparation of the S. A record they would have been diligent or would have taken steps for getting the land recorded in their names or for the correction of the S.A record, but they did nothing, that the low......the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......hy;ing the material averments made in the plaint and stating, inter alia, that the land in suit was never the land of the plaintiffs, that land measuring 66 decimals of plot No. 73 listed in S. A. khatian No. 2 went under water in 1335 B. S and that at the time of preparation of S.A. record the ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and others, 2006, 35 CLC (AD)
....and paid rent, that Taresh Haider transferred the rent receiving interest to one Maniruddin Biswas by the deeds dated February 15, 1943 and 28. 4. 1943, that during S.A. operation land was recorded wrongly in the name of Jairuddin, the defendants are claiming the land in suit by purchase from the......er name and paid rent, that Taresh Haider transferred the rent receiving interest to one Maniruddin Biswas by the deeds dated February 15, 1943 and 28. 4. 1943, that during S.A. operation land was recorded wrongly in the name of Jairuddin, the defendants are claiming the land in suit by purchase......it in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......1 and 2 by filing written statement denying the material averments made in the plaint and stating inter alia, that Jairuddin was korfa tenant under Kuran Mondal in respect of the land of C. S khatian no. 409 of Mouza Rajarampur, that Jairuddin surrendered his korfa tenancy by a Tstafanama' ..Category: Property Law | Date: | Hits: 35
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......ndicative value on the imported goods and the High Court Division held that such methods of determining the normal value with various adjectives such as indicative value, enhanced valuation price, recorded value, loaded value and commissioners value etc have no sanction in law and accordi...... others, Writ Petition No. 1495 of 1996; Rahmania Vanaspati Product Ltd Vs Collector of Customs, 4 BLC 85; Sew Bishar Prasad vs. Collector of Customs 54 DLR 173; Collector of Customs Vs Ahmed Hossain, 48 DLR (AD) 199; Khairul Bashar Vs Collector of Customs, 50 DLR 225; 42 DLR (AD) 167; 48 DLR (A......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
.... The High Court Division made the Rule absolute. 4. Leave was granted to consider the submissions that the learned Single Judge of the High Court Division acted wrongly in exercise of his revisional jurisdiction in setting aside the judgment of the court of ap......tion-Pirganj, District-Rangpur to the plaintiffs on various dates from 1348 B.S. to 1353 B.S. The plaintiffs are in possession of the same by paying rent regularly. The suit property was correctly recorded in the names of the plaintiffs and subsequently the same was cancelled. The plaintiffs hav......s interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....eing aggrieved the defendant preferred the above mentioned Civil Revision and the Rule was discharged as aforesaid. Leave was granted to consider the submissions that the High Court Division wrongly interpreted the provisions of section 86 of the Evidence Act and sections 13 and 14 of the ......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......res interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ...... Court of Munsif, Krishananagar, as it appears, was on the basis of a different agreement. 9. It is also the case of the plaintiff that Ghose brothers did not hand over their title deeds and khatians etc. at the time of execution of agreement for exchange and also did not hand over possess..Category: Property Law | Date: | Hits: 32
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......isitioned in L.A. Case No. 4 of 1950-51, that the land in suit measuring .13 acre has been leased out on October 14, 1984 to him by the Ministry-of Works for 99 years and thereupon he got the land recorded in his name and paying rent, that he has erected pukka latrine and transplanted trees and ...... hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
....idence on record of six plaintiff's witnesses and four defendants' witnesses having arrived at various finding of facts, the learned Single Judge of the High Court Division acted illegally and wrongly in setting aside those findings of facts when there was no error of law or procedure calli......the lower appellate court decreeing the suit. The case of the plaintiffs is that the suit land bearing C.S. Plot No. 490 was part of a river during the C.S. operation of 1318 B.S. and the land was recorded in the khas khatian of various landlords. The river having had silted up the landlords gav......No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......ourt decreeing the suit. The case of the plaintiffs is that the suit land bearing C.S. Plot No. 490 was part of a river during the C.S. operation of 1318 B.S. and the land was recorded in the khas khatian of various landlords. The river having had silted up the landlords gave pattan of 2.50 acre..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....re the labour court having been filed at the instance of the petitioner, there cannot be any doubt that ultimately the petitioner was the aggrieved person. The question of locus standi has been wrongly decided causing great prejudice to the petitioner. The point raised merits consideration.&...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ......he Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....and has been recorded in their names but subsequently it was detected that out of 92.28 acres only 13.22 acres of land have been in their names in R.S. Khatian No. 2 and the remaining lands have been wrongly recorded in the name of the government. 4. The Government i.e. the defendant No.1 appella......intiff No.9 and plaintiff Nos. 11-16 as the heirs of Ansar Uddin inherited 75.60 acres of land and possessed the same on payment of rent and they were under the impression that the said land has been recorded in their names but subsequently it was detected that out of 92.28 acres only 13.22 acres of......ct Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 156
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