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Matiur Rahman Vs. Habibur Rahman and others, 2006, 35 CLC (AD)
....ndant No.1 are absolutely illegal, void and ultravires and without jurisdiction. 3. Mr. Abdul Quayum, the learned Counsel appearing for the petitioner submitted that the High Court Division wrongly exercised its jurisdiction in interfering with the discretion exercised by the trial Court ...... holder in the suit land. 7. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. 8. The petition is dismissed. Ed. ......ir Chowdhury J Matiur Rahman....................... Petitioner Vs. Habibur Rahman and others .......Respondents Lawyers Involved: Abdul Quayum, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner Not represented- For ...... No.624 S.A. dated 14.4.1979 passed order for realization of rent and salami money from the plaintiff; that salami money and rent had been realized by the revenue authority from the plaintiff and a khatian had been opened in the name of the plaintiff and the plaintiff got D.C.R. and the rent rece..Category: Property Law | Date: | Hits: 24
Jashimuddin & other Vs. State, 2006, 35 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......d party continued over the demand of the ransom money over telephone. At one stage the negotiations between the informant party and the accused party over the payment of the ransom money were tape recorded in two audio cassettes. Ultimately on 04.12.1996 the police laid traps one at Katghar card...... arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......sion upon correct assessment of the materials on record arrived at a correct decision and we find no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......ined to file the suit. 5. The suit was contested by the defendant stating, inter alia, that land of C.S. plot Nos. 440, 465, 475, 215 and 208 of C.S. Khatian No. 6 of mouza Sarabo belonged to C.S. recorded tenants Sarada Prashad Roy Chowdhury and others and that he took settlement of 19.29 acres ......ingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......e defendant the land was not recorded during the R.S. operation in his name, that although at one stage of the R.S. operation the land was recorded in the name of the defendant and a copy of the T.P. khatian was given to him but finally the land was not recorded in the name of the defendant, rather ..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....ble only by the President, the appellant was entitled to challenge the order of review before the Administrative Tribunal and, as such, the Administrative Appellate Tribunal wrongly held that the petition before the Tribunal by the appellant is barred and in such view of ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......ppeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 103
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......the appellants submitted that because of the production of the kabuliyat of the year 1927 a serious contention regarding the title of the plaintiff has arisen and that the land in suit having been recorded in the CS khatian in the name of Rahim Boksha Bepari, which has a presumptive value, as su......t. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ...... has not been filed in the Court, that defendants predecessor filed suit seeking correction of the SA record but the same was dismissed and upon suppression of the said fact the defendants got the khatian prepared in the name of the plaintiff cancelled and that the order of the Revenue Off..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....the learned Counsel submits that the statement so made therein is travesty of fact as accused Abdul Quayum did never desire to make any statement nor the investigating agency made any statement as wrongly averred in paragraph 2 of the application. 19. He added that at the time of framing ....... 3. During investigation accused Md. Joynul Abedin alias Md. Momin Ali, Md. Jamir Ali, Md. Tajul Islam and Md. Shahed Ali were arrested. They were produced before the learned Magistrate who recorded their confessional statements under section 164 of the Code of Criminal Procedure. The inv...... inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ..Category: Criminal Law | Date: | Hits: 43
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......have perused the confessional statement of co-accused Zinnah Sardar marked as Exhibit 4 by the trial Court. We have also perused the evidence of PW 20 Binoy Bhusan Talukder, learned Magistrate who recorded his confessional statement. On perusal of the statement and evidence of PW 20, we are of t...... as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......e petitioner for preempting the case land sold in favour of the pre-emptee petitioner on 29-3-1972 staling, inter alia, that she is co-sharer by inheritance from her father Bazul Haque, one of the recorded co-sharers, and that the preemptee-petitioner is a stranger purchaser and that without ser...... Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ..Category: Property Law | Date: | Hits: 38
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
.... the petitioner is an employee of respondent No. 2 and not of respondent No. 1 and, as such, the provisions of Pension and General Provident Fund Rules, 1987 are applicable to him. It has also been wrongly held that the petitioner was rightly retired on completion of 25 years of service and furth......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....n and enjoyment of the same in open assertion of hostile title for over the statutory period without objection or obstruction from any of the heirs of late Abdus Sattar or anyone else. The land was wrongly recorded in the name of the defendant No. 6 because after transfer to the said Abdus Satta......joyment of the same in open assertion of hostile title for over the statutory period without objection or obstruction from any of the heirs of late Abdus Sattar or anyone else. The land was wrongly recorded in the name of the defendant No. 6 because after transfer to the said Abdus Sattar, she h......me Court Appellate Division (Civil) Present: KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People&rsq...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... sought for by the appellants alleging that the case was one of first impression relating lo amendment of the Constitution, but the High Court Division, by rejecting the writ petitions summarily, wrongly declined to decide upon a full consideration of the matter the important questions raised as......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ...... Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
.... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... to the Doctor but this statement was not exhibited. He mentioned that I.O. saw the statement and asked him as to the particulars of Dablu and whereabouts in the hospital. Although the I.O. said he recorded the statement of Nurul Islam on 29.1.81 and he did not meet him before that date. 16. ...... Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157...... High Court Division is set aside. Conviction and sentence of accused Mizazul Islam @ Dablu is set aside and he is acquitted of the charge. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 157..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......d of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ......he suit they may do so and it will be disposed of in accordance with law. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 156. ..Category: Procedural Law | Date: | Hits: 110
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
.... the Penal Code, it is further contended that the learned Judges of the High Court Division misinterpreted the decision in Nasiruddin Mahmud and others Vs. Mamtazuddin and another 36 DLR(AD) 14 and wrongly held that the questioned transaction was outside the partnership business between the compla......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......possessed the suit land, paid rent but it again went under water in 1362-63 B.S. only to reappear again in 1374 B.S. since when the plaintiff claims to be in possession. The Suit land was, however, recorded in S.A. Khatian in the name of the Government and rent was not accepted from the plaintiff ......ssed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126...... 1979 in Mohammad Ali Hospital at Bogra as a result of the injuries inflicted upon him. 3. The prosecution examined ten witnesses including P.W.9 Abdul Hamid Miah, Magistrate First Class who recorded the dying declaration of deceased Nowab Ali on 3rd September, 1979. 4. The appellant's d......sult, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..Category: Criminal Law | Date: | Hits: 61
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......(Comilla). 2. The suit, T. S. No. No. 301 of 1979 in the Second Court of Munsif, Chandpur, was filed by the appellant alleging the following facts: The suit land measuring .31 decimals of an acre, recorded in C.S. Khatian No. 51 and comprising Plots Nos. 427 and 429, originally belonged to three ......ut however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....hway leads to the main road of the locality. They made improvement of the same at their own costs and it is the only and unavoidable way to reach the public road. The suit pathway had been recorded wrongly as cultivable land along with its contiguous lands and taking advantage of such recording th......d the pathway leads to the main road of the locality. They made improvement of the same at their own costs and it is the only and unavoidable way to reach the public road. The suit pathway had been recorded wrongly as cultivable land along with its contiguous lands and taking advantage of such rec......There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..Category: Property Law | Date: | Hits: 36
A.F.M. Shah Alam Vs. Mujibul Huq & Others, 1989, 18 CLC (AD)
.... of election. The court considered the argument of arbitrary exercise of power and concluded: “If during the process of election, at an intermediate or final stage, the entire poll has been wrongly cancelled and fresh poll has been wrongly ordered that is a matter which may be agitated ......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ...... rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ......rting with these cases, we would like to put on record our appreciation for the valuable assistance rendered by the learned Counsels. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 68. ..Category: Election Law | Date: | Hits: 165
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
.... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... of the trial Court. 2. Respondent No.1 as plaintiff filed Title Suit No. 208 of 1974 in the Second Court of Munsif, Kushtia on the averments, inter alia, that the suit land measuring .33 decimals recorded in Plot No. 1177 under C.S. Khatian No. 755 originally be longed to Radha Prasanna Biswas a......e first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
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