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Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)
....at accordingly, the plaintiffs and the defendant No. 12-14 entered into an agreement for sale on 03.07.1998 on receipt of TK.2,00,000.00 as earnests money and that possession of land was handed over to the plaintiff-petitioners on the same day where the plaintiff-petitioners are living......rdingly, the plaintiffs and the defendant No. 12-14 entered into an agreement for sale on 03.07.1998 on receipt of TK.2,00,000.00 as earnests money and that possession of land was handed over to the plaintiff-petitioners on the same day where the plaintiff-petitioners are living with t......e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ..Category: Property Law | Date: | Hits: 25
Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)
....ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 551. ......gly both the parties filed an application in the Court on 04.08.1983 for compromise but as ill luck would have it, the vendor Abdul Hamid Khan Qamar died on 26.08.1983 and he was buried at Government Mirpur Graveyard and thereafter Jobeda Khatun and Abdul Jabbar Khan, respectively th......Court Division discharged the Rule holding that the records show that the property was declared as an abandoned property and was enlisted in the Ka List and the government took control management and supervision of the above house through allottee Wahiduzzaman, a demand note holder, ..Category: Property Law | Date: | Hits: 26
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
....ck, head and facial region which was ante-mortem and homicidal in nature and further the motive of killing of the victim-wife by the husband/petitioner has been firmly established and on the other hand the defence version of the case has been found to be a blatant falsehood; moreover all the inc......inst the petitioner under section 302 of the Penal Code. At the commencement of the trial of the case, the petitioner was charged under section 302 of the Penal Code but the same could not be read over and explained to him because of his abscondence and for the absondence of the petitioner ultim......in the above decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 301. ..Category: Criminal Law | Date: | Hits: 50
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......received benefits of termination and other benefits and as such not entitled to re-employment or for that matter to claim transfer from Adamjee Jut Mills Limited to some other Jute Mills under the management of BJMC. From the paper at page 10 of the additional paper book it is seen that the writ..Category: Employment/Service Law | Date: | Hits: 61
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....n CJ M.M. Ruhul Amin J Md. Hassan Ameen J Bhaja Krishna Barman and others…………………..Appellants Vs. Sree Raghunath Chandra Barman being dead in heirs: Sree Ramchandra Kumar Barman and others...............Respo...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ...... background of the discussion made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 28
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......without referring him to the Civil Surgeon. The respondent was again intimated by another letter dated 16.6.1993 of the appellant No.2 to remain on compulsory leave as per Rule 11 (2) of the Government Servants (Discipline and Appeal) Rules, 1985 until further orders although the said Sub-R......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..Category: Administrative Law | Date: | Hits: 159
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....he evidence of P.Ws. as regard possession of the plaintiff in the suit land and all the P.Ws. also remained silent as to the genuineness of the unregistered Heba deed dated 19.6.1948 and on the other hand S.A. record in respect of the major portion of the suit land is in the name of the defendant ......ma facie possession of the defendant No.1 in the suit jotes and further the defendant No.1 sold 2.65 acres of land to Abdur Rahim and 7 others who are also in possession of their respective land. Moreover the defendant No.1 adducing 5 witnesses has succeeded in proving his title on the basis of unre......ct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 469...Category: Property Law | Date: | Hits: 42
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....8. Cases Referred To- Md. Nurullah Chowdhury vs. Golam Sollaiman Kazi DLR (HC) 70; Rahela Khatun and another vs. Fayezuddin Shah 38 DLR (AD) 6. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Abdul Quayum, Senior Advocate, instru...... sold out the entire land to the defendant Nos.1 and 2 by kabala dated 18.4.1979 and the defendants Nos.1 and 2 possessing the suit land and the plaintiffs have got no right, title, and possession over the suit land. 3. The trial Court, after hearing, decreed the suit. On appeal and the l......y or infirmity in the decision of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 464. ..Category: Property Law | Date: | Hits: 34
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....er that respondent No. 1 having purchased the case land on 19.10.91 the deed of ewaz was created for the purpose of defeating the right of preemption of the appellant. 8. On the other hand, Mr. S.R. Karmaker in view of the legal position felt difficulty in supporting the judgment of......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ......rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ..Category: Property Law | Date: | Hits: 66
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
....Abbas vs. Jahangir, A.I.R. 1932 (Oudh) 274 and Gale on Easements, 1962 Edition page 4. 7. Mr. M.A. Matin, learned Advocate appearing for plaintiff-respondent Nos. 1-12, submits on the other hand that a right of way also includes such ancillary right as the right to use the sub-soil. He re......114 of 1990, discharging the Rule. 2. The respondents as plaintiffs filed Title Suit No. 193 of 1987 in the Court of Assistant Judge, Sadar, Sylhet for declaration of an easement right over the suit pathway, confirmation of possession and also for permanent injunction restraini...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ..Category: Procedural Law | Date: | Hits: 64
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ...... 5. The second party (Jute Mills) contested the case by filling written statement contending that the case was not maintainable, that he was a worker under the petitioner mills and was governed by the provisions of the Employment of Labour (Standing Orders), Act, 1965 and as there is ......ne. As such it was not necessary to issued any show cause or charge-sheet prior to dismissal and to follow the provision of section 18(1) of the Act. Section 17(1) of the Act empowers the management to dismiss a worker without prior notice. 6. The Chairman, Labour Court, Khulna ..Category: Labour and Industrial Law | Date: | Hits: 251
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
.... but enclosed with the F.I.R. a Photostat copy of a written statement of Sahiduzzaman, hi which he stated that accused Respondent No. 2 Md. Abdur Rahman attacked him and struck on his abdomen, hand and head with broken handle of a chair causing fractures on his head for which he was treated ......s on his head for which he was treated at the Combined Military Hospital. On the same day C.S. witness No. 16 S. M. Zillur Rahman lodged another first information report with Tejgaon Police Station over the same occurrence but the police, without recording that information as an F.I.R. recorded ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ..Category: Criminal Law | Date: | Hits: 44
Md. Abu Daud Sarder Vs. State and another, 2002, 31 CLC (AD)
....ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......ne, in that case court would be quite competent to take steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ..Category: Criminal Law | Date: | Hits: 50
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......ument Act and sentencing him to suffer imprisonment for 1 (one) year with fine of Tk. 18,90,000/-. 2. The facts, in short, are that this application for review has not been filed on discovery of new facts which was possibly not known to the Advocate of the petitioner when the revision......opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ..Category: Criminal Law | Date: | Hits: 50
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....- Md. Nurullah Chowdhury vs. Golam Sollaiman Kazi 26 DLR (HC) 70; Rahela Khatun and another vs. Fayezuddin Shah 38 DLR (AD) 6. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Abdul Quayum, Senior Advocate, instr......entire land to the defendant Nos. 1 and 2 by kabala dated 18.4.1979 and the defendants Nos. 1 and 2 possessing the suit land and the plaintiffs have got no right, title, and possession over the suit land. &......ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....entries in the Khatian and as such, held the suit land as belonging to Baker Mahmud Taluk; that in the suit graveyard there is no burials of any relation of the plaintiffs, rather on the other hand, the brother of the defendant No.1 and son, daughter and a nephew of defendant No.1 also buri......in collusion with each other instituted the suit, that the Kabala in the name or the wife Abdul Khalid dated 12th Baishakh 1326 B.S. as it mentioned in the plaint do not attract the suit land. Moreover, since the plaintiffs and the proforma defendants had got no right, title and possession over ......ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ..Category: Property Law | Date: | Hits: 31
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....vered possession of the same in the year, 1976. 4. The plaintiff-petitioner examined 3 witnesses including himself and filed documents which are marked as exhibits and on the other hand defendant-respondent examined two witnesses including himself and filed documents which were ...... learned Assistant Judge has discussed and discussed and considered the evidence on record properly and has come to a correct decision in deciding the question in controversy. Admittedly the plaintiff having failed to institute the suit within 3 years after attaining......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ..Category: Property Law | Date: | Hits: 30
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......d. They being unable to respondent No. 2 and his late father on taking loan petitioner appellant, under a written agreement dated 22nd April, 1988 and in pursuant to that agreement the appellant took over the management of the Cinema Hall. Subsequent there to the Cinema Hall was put to auction in ce......eing unable to respondent No. 2 and his late father on taking loan petitioner appellant, under a written agreement dated 22nd April, 1988 and in pursuant to that agreement the appellant took over the management of the Cinema Hall. Subsequent there to the Cinema Hall was put to auction in certificate..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......ee Madan Mohan Gour Netai Bagraha and the Sheba Puja is being regularly performed in the temple (i.e. the suit land) at the instance of the respondent No.2, who is the next friend on behalf of the management committee of the Deity. He further contented that the appellant has fraudulently obtaine..Category: Property Law | Date: | Hits: 31
Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
....gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......nding. 4. The respondent company filed necessary application for waiver and deposited more than 10% of the outstanding dues. It paid the interest amount before making the claim but the management credit committee of the Bank refused to allow the 75% waiver. On 11.4.1994 the responden..Category: Banking Law | Date: | Hits: 100
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