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General Manager, Bangladesh Railway Vs. Badruddin Ahmed, 2009, 38 CLC (AD)
..... The findings of the trial Court that the suit is barred by limitation is erroneous. The trial Court traveled beyond its jurisdiction and the finding that the defendant-respondents are entitled to claim compensation is illegal and not supported by any evidence as illegal possessors cannot get c......Wadud Bhuiyan, Senior Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not represented- the Respondent Nos. 7-8. Civil Petition for Leave to Appeal No. 548 of 2008. (From the judgment and order dated 20th November, 2007 ...... view that the High Court Division upon correct assessment of the materials on record dismissed the appeal. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 27
Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)
....s herein in connection with extension of thana compound of Bera Police Station, Pabna. 6. The Deputy Commissioner awarded compensation towards the value of land acquired Tk. 2, 88,000/-as against claim of the respondents at Tk.1, 96, 82,000/-. 7. The respondents herein i.e. petitioners in the......2 of 1993. 5. The Arbitration Miscellaneous Case No. 22 of 1993 was filed by the respondents herein against award made by the Deputy Commissioner in L.A. Case No.98 of 1985-86 which was initiated for requisition and acquisition of 60 decimals of land out of 86 decimals of land owned and possesse......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: 62 DLR (AD) (2010) 255. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Chayon Ahmed Chowdhury Vs. Bangladesh Water Development Board, 2007, 36 CLC (AD)
.....6 wrote something in his letter dated May 17, 2004 which were contradictory to the context and contents of the letter. 8. It may be mentioned that the writ petitioner could not dislodge the claim of the respondents that the goods supplied by him (writ petitioner) were not as per specifica......ed: Fariduddin Md. Reza, Advocate, instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Md. Abdur Nur, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 1711 of 2005. (From the Judgment and Order dated August 10, 2005 passed ......e discussion made hereinabove we do not find any merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 106
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....the additional paper book filed on 10.5.2007 to substantiate the contention that the writ petitioner i.e. respondent herein as has received benefit of termination and as such he is not entitled to claim reinstatement. In the additional paper book at page 10 paper has been placed to show that som...... the Petitioner. A.K. Tanjibul Alam, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent No.1. Not represented- For Respondent No. 2. Civil Petition for leave to Appeal No. 604 of 2004. (From the Judgment dated August 26, 2003 passed by the Hi......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: ..Category: Employment/Service Law | Date: | Hits: 61
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
.... in Family Case No.61 of 2007 and that in the background of the facts stated by the respondent Nos. 1-3 in their affidavit-in-opposition and the supplementary affidavit the writ petitioner can not claim custody of the minors since she has resorted to a life style which is prejudicial to the welf...... Ozair Farooq, Advocate with him) instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 346 of 2007. (From the Judgment and Order dated 1.3.2007 passed by th......o interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Family Law | Date: | Hits: 171
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
....sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Nurul Islam Bhuyian, Advocate-on-Record-For the Petitioner. Abdun Nur, Advocate-on-Record- For the Respondent No.2. Not represented- For Respondent Nos.1 & 3. Civil Petition for Leave to Appeal No. 742 of 2004. (From the judgment dated March 10, 2004 passed by a Div...... certain papers. 2. The suit was filed for realization of an amount of Tk.43,07,567/- as on April 28,1999 stating, inter alia, that the defendants purchased fertilizer with the money borrowed from the bank and that they failed to take delivery of pledged goods inspite of requ..Category: Civil Law | Date: | Hits: 91
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....it No.16 of 1986 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. 3. The plaintiffs claimed the land in suit as heirs of Ramhari Kasya. It is the case of the plaintiffs that the land ......aintiffs claimed the land in suit as heirs of Ramhari Kasya. It is the case of the plaintiffs that the land in suit belonged to Ramhari Kasya in his raiyati right and he mortgaged the land in suit for 4 years and the said mortgage was a usufructuary one and after expiry of the said period of mor...... 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
Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)
....that the submissions of the learned Advocate for the petitioner have got no merit and accordingly the same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 534. ......dents Judgment September 27, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 443 of 2007. &nb...... accused-petitioner demanding refund of Tk.3,50,000/- (Three lac fifty thousand) with a request to take back the cheque but the accused-petitioner did neither receive the legal notice nor paid the money after expiry of 15 days and as such the accused-petitioner committed and offence by issu..Category: Criminal Law | Date: | Hits: 40
GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)
....ested the defendants to adjust his bills with the arrear licence fees. But the defendants without doing so illegally pressed the plaintiff to pay off Tk. 21, 16,048/-as licence fees. The plaintiff claimed for the payment of bills for breakfast as per the schedule rate of agreement but the defen&......ed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 381 of 2007. (From the judgment and order dated 18.10.2006 passed by......s was signed on 21.6.1988 agreeing upon the rate of each break-fast at Tk.30/- for the passengers traveling in the air-conditioned bogie. But some officers of Railway Department most illegally paid money to the plaintiff at the rate of Tk.25/- and Tk.30/- per coupon instead of Tk.30/- and Tk.38/..Category: Civil Law | Date: | Hits: 150
Md. Abdul Jabbar Sarder Vs. Assistant Custodian, Enemy Property, Pabna and others, 2009, 38 CLC (AD)
....e materials on record discharged the Rule. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 522. ......ed: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1789 of 2007. (From the judgment and order dated 15th I May, 2006 pas......operty of schedule 'Ka' to the plaint and being in possession thereof for more than 12 years he sold the same to the plaintiff by a registered deed dated 24.4.1970 on receipt of consideration money. The S.A. record in respect of suit properties was prepared in the names of 3 brothers Jogend..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....here 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) 519. ......Lawyers Involved: Sayeeda Afsar Jahan, instructed by B. Hossain, Deputy Attorney General, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 248 of 2007. (From the judgment and order dated 6th and 7th August 2......n of law, dismissed the appeal of the plaintiff on 19.9.1977 fully knowing that such provisions has been amended by P.O. 154 of 1972; further the plaintiff, to prove his case, exhibited money receipts of payment of taxes of Union Parishad, kabinnama of the plaintiff, ration car..Category: Property Law | Date: | Hits: 26
Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)
....1992. 2. The facts of the case are that respondent Nos. 2-5 sold 1,80 acres of land of the case plots to the petitioners by 2(two) deeds dated 03.02.1977 and 08.02.1977. The respondent No.1 claiming to be a co-sharer by inheritance (being sister of respondent Nos. 2-5) filed two...... (From the judgment and order dated 04.12.2007 passed by this Division in Civil Petition for Leave to Appeal No.1055 of 2006.) Judgment &...... to appeal. 11. We find no ground for reviewing the judgment of this court and accordingly the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 508. ..Category: Property Law | Date: | Hits: 24
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......olved: Syed Mahbubar Advocate-on-Record-For the Petitioner (In both the cases). Md. Taufique Hossain, Advocate-on-Record-For the Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 822-823 of 2007. (From the judgment and order dated 11.2.2007 by t......or General, Secondary Education Board. Considering the said report, the Director General issued the letter impugned in the above writ petitions asking the Principal of the college to deposit excess money drawn by him as salary. The principal of the college wrongly recommended the names of 9 teac..Category: Employment/Service Law | Date: | Hits: 57
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....nregistered Heba deed dated 19.6.48 which appears to be genuine and which was impounded under section 35 of the Stamp Act and was taken into evidence under section 90 of the Evidence Act. However the claim of the defendant No.1 as regard schedule Ka and Kha to the effect that he acquired the same fr......e-on-Record-For the Petitioner. Mahmudul Islam, Senior Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-18. Civil Petition for Leave to Appeal No. 245 of 2007. (From the judgment and order dated 28.8.2006 passed by the H......ct decision and there is no illegality or infirÂmity 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
Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)
....la Chand mortgaged the suit land to Ferastullah on 12.04.1943 For getting back the suit land Kala Chand filed Title Suit No. 273 of 1956 which was decreed on compromise wherein he admitted the claim of these defendants. Thereafter the suit land was sold in auction in certificate cases N...... Abdul Jabber, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 (In both the cases). Not represented- Respondent No. 2 (In both the cases). Civil Petition for Leave to Appeal Nos. 868 and 869 of 2007. ......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ..Category: Property Law | Date: | Hits: 22
ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
.... for 1396 to1398 B.S. Inspite of the same the appellant No.1 initiated a certificate case being No.FCC No.84 of 1989-90 on 03.01.1990 for realization of TK. 3,78,783.33 against the respondent claiming the same to be dues of Government. The Rule in the said writ petition was made absolute ho......spondent, a Fishermen's Co-operative Society, upon extension of previous lease was allowed the lease of fishery from 1392 B.S. to 1394 B.S. on payment of 50% enhance renting on satisfactory performance of developments of work but could not be delivered with possession pursuant to a decree d......t years. In view of the above, we find no substance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ..Category: Civil Law | Date: | Hits: 101
State Vs. Nuru Mira, 1993, 22 CLC (AD)
....sed Hashem Sharif, Hanif Sharif and Kashem Sharif, who had disputed the possession of the land would have been the proper persons. They are cousins of Amjad and accused is their relation having no claim to the land. We, therefore, find no good reason for the Informant P.W. 1 to pin point and fal......ivision in appeal acquitting the accused, respondent Nuru Mira, who was convicted earlier by the Additional Sessions Judge, Barisal, under section 304 of the Penal Code and sentence to imprisonment for life, The impugned order and judgment of the High Court Division is dated 9 January 1986 in Crl......espondent accused Nuru Mira is directed to surrender to his bail bond and to serve out the unexposed period of his sentence. Ed. This Case is also Reported in: II ADC (2005) 867. ..Category: Criminal Law | Date: | Hits: 44
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
....erfering with their possession of the pathway and from changing the nature and character of the same in any manner by putting any obstruction e.g., a gate at the entrance of the pathway. They claimed the suit pathway to be in existence for over a century over which the owners of adjacent la......igh Court Division in Civil Revision No. 2114 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 an...... 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
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......rhat in Other Class Suit No. 36 of 1985, dismissing the suit. 2. The plaintiff-respondent Md. Mujal Mollah (substituted by his heirs and successors since his death) instituted the suit for a declaration that four kabalas are null and void and not binding upon him. He averred that the...... his wife, defendant No. 2, showing purchase of the entire 1.41 acres of land from him. The plaintiff never executed and registered those four deeds. He did not receive any consideration money for those deeds. Defendant No. 1 collusively created those four deeds for wrongful gain and h..Category: Property Law | Date: | Hits: 34
Munshi Md. Rashed Kamal Vs. Abdus Salam and anothÂer, 2005, 34 CLC (AD)
.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......f complaint on 11.12.2000 in the Court of the learned Chief Metropolitan Magistrate, Dhaka stating, inter alia, that the respondent No. 1 Abdus Salam took loan of Tk. 1 lac from the appellant for three months but he did not refund the money on time and, therefore, the appellant repeatedly ......he learned Chief Metropolitan Magistrate, Dhaka stating, inter alia, that the respondent No. 1 Abdus Salam took loan of Tk. 1 lac from the appellant for three months but he did not refund the money on time and, therefore, the appellant repeatedly requested him for reimbursement of the money..Category: Criminal Law | Date: | Hits: 42
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