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Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....late Division (Civil) Present: Mainur Reza Chowdhury J Syed JR Mudassir Husain J Anu Miah and others ..................Appellants Vs. Gauranga Chandra Sharma and others ..........Respondents Judgment April 17, 2002. Cases...... the plaintiff's paternal homestead from the plaintiff's brother son Nagendra Chandra Sharma and by constructing hut thereon encroached the plaintiff's boundary in the said homestead plot that over the said incident a local salish was held, and in that salish defendant No.1 disclosed that sa...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ..Category: Property Law | Date: | Hits: 27
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
....r of the land is also different one being a portion of the pond while the other is a bite land by the side of a canal and from being chunk of land possession of a small fraction was allegedly hand over without there being any actual measurement P.Ws 2 and 4 having said that there was i......the land is also different one being a portion of the pond while the other is a bite land by the side of a canal and from being chunk of land possession of a small fraction was allegedly hand over without there being any actual measurement P.Ws 2 and 4 having said that there was in fac......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..Category: Property Law | Date: | Hits: 44
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....king the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen (now deceased), the predecessor of respondent No. 3 who was the owner of the suit land e......ently inserted and as such the bainapatra Exhibit-1 was forged and further submission that by insertion of words 'Bhardra' and the date 29.08.1980 made no material change in the bainapatra and moreover, the learned single Judge of the High Court Division without arriving at a specific findi......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 2003, 32 CLC (AD)
.... exchange of words between him and the victim in the fateful night, ends of justice will sufficiently be met if the sentence of death is commuted to one of life imprisonment. 6. On the other hand, the learned Deputy Attorney General appearing for the State contended before the High Co......ner under section 302/201 of the penal Code. The learned Additional Sessions Judge, 4th Court, Rajshahi framed charges against the petitioner under section 302 of the penal Code which was read over and explained to the petitioner to which the petitioner pleaded innocence. 3. The prose......he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ..Category: Criminal Law | Date: | Hits: 36
Additional Deputy Commissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
....ent and order dated 18.5.1999 passed by the High Court Division in F.A. No. 74 of 1998 is set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 256. ......l Hoque by kabala Nos. 23998 and 24036 both dated 19.6.79; Mujibul Hoque after getting possession of the suit land mutated his name and continued to possess the suit land on payment of rent to the Government and while in possession he died leaving the plaintiffs as his heirs the plaintiffs had be......rsuance of an order dated 19.12.1990 issued Memo. No. 89/2-Rev-A.P.6/77 dated 19.1.91 evicted the plaintiffs and possession was taken over on 26.1.91 and since then the suit land had been under the management of the government as abandoned property the so-called title deed showing sale of land by..Category: Property Law | Date: | Hits: 29
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....uq. For the reasons and discussions made above, we find no merits in this appeal and accordingly it is dismissed, with costs. Ed. This Case is also Reported in: 1 ADC (2004) 215. ......nce, 1962 reads as follows: "The officer or agent or official mutawalli, or the managing committee appointed under sub-section (3) for the management of any wakf property taken over by the administrator under sub-section (1) shall frame a scheme for the administration of suc......dministrator and directed the petitioner to continue as the Member Secretary of the Managing Committee. The administrator of wakf then vide his order dated 01.08.94 amended the scheme/bye-laws for management of the said wakf estate creating the post of a vice Chairman to work with the Chairman w..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....CJ Mahmudul Amin Coudhury J Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Azizul Huq alias Md. A. Aziz and others ...............Appellants Vs. Sree Purna Chandra Das alias Sree Purna Chandra Dhupi and another...............Respondents Judgment ......ate appearing for the respondent on the other hand placing the judgment of the trial court submits that there is no wrong in the judgment of the High Court Division but he found difficulty in controvert the submission made by Mr. Khandker that there was total non-consideration of the evidence by...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..Category: Property Law | Date: | Hits: 32
State Vs. Abdus Satter and others, 2004, 33 CLC (AD)
....ccused, but enclosed with the F.I.R. a Photostat copy of a written statement of Sahiduzzaman, in 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 tre......es 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. reco......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: 1 ADC (2004)184. ..Category: Criminal Law | Date: | Hits: 35
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....ria and Associates Ltd. 46 DLR (AD) 97. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate instructed by Sharifuddin chaklader, Advocate-on-Record-For the appellant. Khandker Mahbubuddin Ahmed, Senior Advocate (Ozair Farooq, Senior Advocate with him) instructed by M......urt. It has been held that the Arbitrator may allow interest pendent lite for a period beyond four months if the prolongation is caused by the circumstances beyond his control and to avoid any controversy, the period for pendent late interest will start from the date on which the arbitrator enter......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ayer of the respondents challenging the sale deed dated 9.11.1989 W. P No. 4127 of 1992 challenging the self same deed is barred by the principles of constructive res judicata. 7. On the other hand learned Advocate for the respondents relying on the gift deed, C. S. and S. A. khatinas rent re......de. Ed. This Case is also Reported in: 1 ADC (2004) 149....... disputed land and premises and as the owners of the said factory and premises left for India, the same was declared as enmity property by notification dated 6.10.1965 and the same was taken over for management by the East Pakistan Small and Cottage Industries Corporation by Notification Dated 8.10...Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....rom Indian and Pakistani Jurisdictions allowing pro forma promotion. These are all decisions based on appropriate rules or circulars of respective foreign governments, inapplicable to the case in hand. The nearest that Mr. Shamsuddin Ahmed could lay his hands on is an office Memorandum of Cabine......urt Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Government of Bangladesh represented by the Secretary, Ministry of Establishment……………… ......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ..Category: Administrative Law | Date: | Hits: 138
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
....held that Defendant petitioner did not adduce any evidence to prove his other contentions made in the case under Order 9 Rule 13 the Code of Civil Procedure. The trial court of appeal on the other hand, allowed the appeal holding that the tax receipts Ext. A series were not proved in evidence ac......Court Division by judgment and order dated 15.02.1999 made the Rule absolute after setting aside the judgment and order of the appellate court on the findings that the appellate court did not controvert the findings of facts arrived at by the trial court and there by committed serious error......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ..Category: Procedural Law | Date: | Hits: 84
Md. Shamir @ Shamir Khan and others Vs. State, 2002, 31 CLC (AD)
....injury or there was fracture or dislocation of bone etc. bringing it within the ambit of section 320 of the Penal Code. It is submitted that P. W. 3 claimed that he sustained injury in the left hand and was in hospital for 7 days, it is also claimed that the medical evidence has no......ction 320 of the Penal Code is singularly absent in the present case. He submits that there is no evidence that the injured persons were prevented from pursuing their normal avocations for over 20 days due to the injury or there was fracture or dislocation of bone etc. bringing it withi...... period of imprisonment already undergone with a fine of Tk. 1,000/- each in default to suffer imprisonment for one month more. Ed. This Case is also Reported in: 1 ADC (2004) 89. ..Category: Criminal Law | Date: | Hits: 78
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....er ……………....Respondents Judgment February 3, 2002. Result: The appeal is allowed. Cases Referred to- Wahed Ali Dewan Vs. The State and others, 46 DLR (AD) 10; Sree Mangla Chandra Nandi Vs. Bangladesh, 17 BLD (AD) 33, Jharna Rani Saha Vs. Khondker Zayedul Haque, 52 DLR (AD......to her father observing that the observation made by a minor girl must be kept with reservation, it can not be a factor for not giving the victim to her father and accordingly it was directed to hand over the minor to the father. 9. In the case of Jharna Rani Saha Vs. Khondker Zayedul Haque......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ..Category: Criminal Law | Date: | Hits: 34
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....d that the plaintiffs are entitled to get back possession under section 144 of the Code. 5. Rokanuddin Mahmud, learned Counsel appearing on behalf of plaintiff-respondent No. 1 on the other hand submits that the notice dated 29.12.1976 was issued by the appellants directing the plaintiffs......here is no allegation that the appellants took possession of the property in execution of any decree which was varied or altered by the High Court Division. In fact the plaintiffs' claim possession over the suit property as a tenant and they prayed for declaration that notices dated 29.12.1976 is......ed for. 9. There is, therefore, no merit in this appeal and the same is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ..Category: Property Law | Date: | Hits: 31
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....e of land situated at S. A. plot No. 774 of Khatian No. 1192 S. A. Khatian No. 2392 and S. A. Dag No. 5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of considerati......land situated at S. A. plot No. 774 of Khatian No. 1192 S. A. Khatian No. 2392 and S. A. Dag No. 5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of consideration mo......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ..Category: Criminal Law | Date: | Hits: 45
Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)
....d from the P.W.2, P.W.1, Saker Ali opposed the accused No.1. Then the accused No.1 went to his house and again came with the other co-accuseds. Accused Emadul dealt an axe blow to P.W.1 aiming his hand in order to kill him. The blow hit the jaw of the P.W.1 Saker Ali and he fell down on the grou......3. The defence plea is that the alleged occurrence did not take place at the alleged time and place of occurrence and the accused persons have been implicated falsely out of grudge and enmity over the union parishad election and land dispute. 4. The case was tried by the learned Addi......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 260. ..Category: Criminal Law | Date: | Hits: 38
Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)
....le and possession of the suit land in favour of the plaintiffs which is not supported by the evidence and materials on record occasioning failure of justice. 9. Farid Ahmed on the other hand supports the impugned judgment passed by the High Court Division submitting that the pla......from the suit land by the defendants during pendency of the suit. Despite such a state of fact obtaining in the present case the plaintiffs did not amend the plaint incorporating prayer for recovery of khas possession deleting the original prayer for confirmation of possession. But the ......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ..Category: Property Law | Date: | Hits: 25
Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)
.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......d under the Companies Act. It is also not disputed that the orders of promotion were issued by the respective Companies and not by the BCIC. 8. It is needless to mention here that the overall administration and management of the said employer Companies are conducted and run on ......It is also not disputed that the orders of promotion were issued by the respective Companies and not by the BCIC. 8. It is needless to mention here that the overall administration and management of the said employer Companies are conducted and run on the basis of the decisions ..Category: Employment/Service Law | Date: | Hits: 76
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
.... enforcement of fundamental rights under Articles 27.29 and 31 of the Constitution was suspended in view of the state of emergency existing in the country. 11. M. Amirul Islam on the other hand with reference to and emphasis on the preamble, fundamental principles of state policy a...... Md. Abdul Matin J Md. Ataur Rahman & others…..........Appellants (In Civil Appeal No. 113 of 2008) Bangladesh represented by the Secretary, Ministry of Education, Government of the Peoples Republic of Bangladesh & another .........Appellants (In Civil Appeal ......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..Category: Employment/Service Law | Date: | Hits: 122
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