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State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......Gopal Ghosh and Ranjit Kumar Ghosh created a kabala deed No. 4115 dated 30-6-1992 and another kabala deed No. 4129 dated 30-6-1992 by false personification and interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisio..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ...... declaration of title and recovery of khas possession in the suit property stating, inter alia, that the suit properties were granted permanent lease in 1327 BS at annual rent of Taka 66/4/0 by ex-landlords Sree Provash Chandra Basak and others in favour of Nayebuddin Sarker and others and that..Category: Property Law | Date: | Hits: 22
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......115 of the Code of Civil Procedure. 3. Respondent No. 1 instituted a suit being title suit No. 673 of 1969in the Court of 1st Munsif, Kushtia for declaration of title in respect of the entire suit land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....a question of fact. 7. We do not find substance in any of the contentions of the learned Counsel. Both the petitions are dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 241. ...... a certain premises on the allegation that the petitioner was a monthly tenant under the Respondents in respect o the said premises. The petitioner contested the two suits denying the relationship of land lord and tenant between them and contending, inter alia, that he had acquired non-agricultural ..Category: Tenancy Law | Date: | Hits: 163
Azizul Hoque Vs. State and others, 2007, 36 CLC (AD)
....ned Counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ....... 2, as informant, lodged FIR before Nazirpur Police Station stating that on 9-5-1998 at 6-00 AM the accused petitioner and others forming unlawful assembly with deadly weapons entered the schedule land and cut and took away ripe paddy valued at Taka 1,25,000 and on getting the information when ..Category: Criminal Law | Date: | Hits: 39
A. B. M. Shamsuddin Vs. Mahmuda Selina and others, 2006, 35 CLC (AD)
....ngs and decisions as arrived at by the High Court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ...... suit against defendant No. 1, Anowara Begum for specific performance of contract stating, inter alia, that the said defendant No. 1 entered into a contract with the plaintiff for sale of the suit land at a consideration of Tk. 28,00,000/-; that on receipt of Tk.5,00,000/- on 03-02-1995 ex..Category: Property Law | Date: | Hits: 41
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
....nd construe the pleadings in a reasonable manner. If, for instance, what is really a plaint in a cross suit is made part of a written statement either by being made an annexure to it or as part and parcel thereof, though described as a counterclaim, there could be no legal objection to the ...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......I of 1982), Section 7(3) Since the requiring body paid the full amount of compensation and the concerned authority repeatedly rejected the prayer of respondent No. 1 to release .28 acres of land from acquisition, the High Court Division was not justified in directing the acquiring body to..Category: Labour and Industrial Law | Date: | Hits: 83
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......id, "amidst the clash of arms the laws are not silent. They may be changed but they speak the same language in war and peace." Habeas Corpus Suspension Act and the Emergency (Defence) Act, 1939 in England are the other examples. In India in 1975 though 9 High Courts held that writ petitions in the n..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......rtal per se is not illegal but where any call for hartal is accompanied by threat it would amount to intimidation and the caller for hartal or strike would be liable under the ordinary law of the land. It is therefore my view and we agree with the ratio in the flag burning case that where an a..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......hittagong in Other Suit no. 79 of 1979 dismissing the same. The suit filed seeking a decree for permanent injunction against the defendant nos. 1-4. 2. The case of the plaintiff is that the land in suit was owned by Abdul Hamid predecessor of the defendant Nos. 1-9. He sold the same ..Category: Property Law | Date: | Hits: 42
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... No infirmity in the judgment of the High Court Division could be pointed out for our interference. In that view of this, the appeal is dismissed without any order as to costs. Ed. ......in Other Class suit No.265 of 1996 dismissing the suit. 2.The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land measuring .04 acres from Plot No. 50 in old Khati..Category: Property Law | Date: | Hits: 34
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
.... S.A. Khatian No.13. So I can conclude at the time of transfer of the case land the petitioner appellant was a co-sharer by dint of holding. According to section 2(13) "Holding" means parcel or parcels of land or an undivided share thereof held by reiyat or an under rayat from the ......Lalmonirhat Sadar, in Miscellaneous Case No. 53 of 1996 refusing pre-emption. 2. The petitioner, the pre-emptor, filed the above Miscellaneous Case No.53 of 1996 for pre-emption of the case land under Section 96 of the State Acquisition and Tenancy Act 1950 stating, inter alia, that he is..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......p; Short facts are that the respondent-pre-emptor filed the Miscellaneous Case (Preemption) No. 44 of 1987 in the Court of Assistant Judge, Bhandaria, Pirojpur seeking pre-emption of the case land stating, inter alia, that Hara Kumar Debnath was a co-sharer in Khatian No. 1533. He transferr..Category: Property Law | Date: | Hits: 31
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
....gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......eal No. 205 of 1979 allowing the appeal. 2. The facts, in short, are that the plaintiff-respondent filed a suit for declaration of title and confirmation of possession in respect of the suit land measuring 3.75 acres. The suit land originally belonged to one Hajarilal Mondal, who died leav..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ...... on the date of hearing and participate at the trial. 9. In the decision reported 45 DLR 638, as cited from the Bar, the plaintiff filed a partition suit praying for saham in respect of suit land and the written statement filed by the defendant No. 88 on 18-8-84 was rejected on 27-8-84 and..Category: Employment/Service Law | Date: | Hits: 120
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......; e.g., in the case of a bailment".(The Concise Law Dictionary by PG Osborn,4th Edition). Property: "The right to possess, use and enjoy a determinate thing (either a tract of land or a chattel); the right of ownership; Any external thing over which the rights of possession..Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......9), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......Order 9 rule 13 of the Code of Civil Procedure. 2. Plaintiff-respondent Nos. 1-4 instituted Title Suit No. 589 of 1980 in the Court of Subordinate Judge, Dhaka for declaration of title to the suit land. The suit was decreed ex parte on 1.12.80 The defendant-appellants filed Miscellaneous Case N..Category: Procedural Law | Date: | Hits: 116
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......law has established no specific remedy and where in justice and good government there ought to be one. In a case where this remedy is in other respects warranted, it is rarely that the Courts in England have considered an action in law to be such an adequate alternative remedy as to refuse the wri..Category: Others | Date: | Hits: 100
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