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Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....k after the property and to sell the property and thereupon left for India, that Attorney of Harihar Das inducted defendant No. 5 as tenant in the building and also defendant Nos.7 and 8 and the said persons paid rent to the Attorney of Harihar Das, that Attorney of Harihar Das left for India before......ndant Nos. 5, 7 and 8 and later on defendant Nos. 7 and 8 left the property, that the defendant No.7 created certain papers for raising claim in the property in suit and that he in collusion with the interested quarter and behind the knowledge of the defendant No.1 upon initiating VP Case No. 199 of...... Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
.... completed in the manner prescribed therefore by the law for the time being in force, the transferor or any person claiming under him shall be debarred from enforcing against the transferee and persons claiming under him any right in respect of the property of which the transferee has taken ......seeking rescission of the decree. 33. The provision of section 35 of the Specific Relief Act, 1877 reads as follows: "35. When Rescission may be adjudged.— Any person interested in a contract in writing may sue to have it rescinded, and such rescission may be ...... merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......estriction thereon. Mutation proceeding and Sub-division of holding are not identical. Mutation of the khatian or correction of the Khatian may be made by the Revenue Officer on application by interested party or of his own motion under section 50 of the State Acquisition and Tenancy Act and......e appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....1967 the Board of Revenue issued a notice purporting to cancel the recognition of the appellants or their predecessors as tenants, and that in March, 1968 a notice for eviction of certain persons from the disused lands was issued by the respondent under the East Bengal Act X of 1953. It......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......dge. The result therefore is that the appeal is dismissed with costs. Ed. ......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....eligious and charitable purpose. So, on a simple construction of the enactment it will appear that the appellant is not entitled to exemption since the lands and buildings are let out to different persons, even if the income yielding therefrom has been used charitable use. The intention of the l......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ...... of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... facts, leading to this petition, are that the informant Md. Moazzem Hossain S.P.S. (Jety) Mongla Bandor Custom Check Post lodged an F.I.R. with Mongla Police Station against the 3 (three) accused persons named in F.I.R. alleging that the said accused-persons in collusion with each other ha...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......erence. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
.... that Md. Abdul Latif, son of late Rahim Uddin Pramanik, of village Jotgazi, P.S. Iswardi, Dist. Pabna as informant lodged FIR with Iswardi P.S. (Case No.06 dated 09-08-2003) implicating 19 accused persons-and other 4/5, unknown persons including the accused-petitioner, stating, inter alia, that ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......rived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....holders of drug and thus committed an offence under Sections 23 and 25 of the said Act. After investigation, the Investigating Officer submitted a charge-sheet on 28-7-1998 against 17 accused persons but final report in favour of 5 accused persons including the respondent in the said case a...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......der of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 90
State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)
....s Train ND-5 UP at Singia Railway Station near home signal while the said good train was shunting at the Singia railway Station, resulting in casualties of death and causing injuries to a number of persons and the matter being thus informed a First Information Report was registered on the basis of......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ...... On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 43
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....eted its absolute sense to hold that all citizens are equal in all aspects disregarding different conditions and circumstances and as a matter of fact Article 27 of the Constitution means that all persons are not equal in all respects and that persons similarly situated should be treated alike a......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......ider the prayer in accordance with law if found tenable in law. Ed. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
.... 17. Biman being a statutory corporation its employees clearly fall within the general definition of public servant quoted here above, the definition excludes certain categories of persons from the ambit of the Act. Exceptions (i) and (vi) might appear to give a cover to the case......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ...... Supreme Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Biman Corporation………………&......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....r submits that the major part of the project in 4,500 acres of land under Rupgonj P.S. in Narayangonj district has been duly acquired and compensation has been paid to the land owners and affected persons. The area of 1589.8925 acres in mouza Parabarta and Borokaw of Kaligonj P.S. under Gazipur ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......es are directed to file the concise statement within one month. Ed. ......ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..Category: Property Law | Date: | Hits: 31
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....agents and pleaders'. Rule 1 thereof provides that appearances, etc. in any Court may be in person, by recognised agent or by pleader. Rule 2(a) provides that one of such recognised agents may be persons holding powers of attorney, authorising them to make and do such appearances, etc. Rule ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ...... result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....a person cannot 'approbate and reprobate' is only one application of the Doctrine of Election, and that its operation must be confined to reliefs claimed in respect of the same transaction and to the persons who are parties thereto". 32. On the question of estoppel Mr. Khan has also referred to P......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......ant No. 2 offered to return the earnest money of Tk. 10,000/-. The appellant alleged that defendant No. 2 has since tried to sell the suit land at a higher price by engaging brokers and by contacting interested purchasers willing to pay a higher price than the appellant's. Hence the suit. 6. De......he appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
State Vs. Mofizuddin and other, 2005, 34 CLC (AD)
....d allowing all the appeals including jail appeal and thereby acquitting the respondents. 2. Prosecution case, in brief, is that on the night following 29.03.1997 after 11.00 P.M. the accused persons being armed with deadly weapons such as pipegun, kiris, dagger, iron rod etc. entered into ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ...... at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ......nd correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 40
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....f Waqfs for the eviction of the appellants at the maneuvering of the person mentioned at serial Nos.2 and 3 of the letter of the Administrator of Waqf dated 10.6.2002 for the illegal gain of the said persons. 9. As against the aforesaid contentions of the appellants it has been contended on behal......The learned Counsel for the Respondent No.5 has submitted that the appellants are trespassers on the Waqf property since they are neither "beneficiary" as has been defined in section 2(2) nor "person interested" in a Waqf property as has been defined in section 2(8) of the ordinance and consequently...... Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
.... a loan document for Tk. 152/- on 13th Jaishtha 1340 B.S. and Hossain Sarder executed another loan document on 15th Ashar 1339 B.S. for a loan of Tk. 140/-.Their further case is that as the aforesaid persons failed to repay the loan money, they gave the land to Tayebuddin Biswas in total repayment o......uit plots and could not also tell the name of boundary men of the suit plots. The court of appeal further held that D.W.1 is defendant No.1 himself and D.W.2 is husband of defendant No.2 and they are interested witnesses and as such their evidence could not be relied upon unless corroborated by inde...... appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
.... Wali Mohammad Siddiqui who said to have purchased the property in suit from Jatindra Mohon Roy @ Sachindra Mohon Roy, although the land in suit was never transferred by the plaintiff to the said two persons by executing and registering any deed of sale in their favour and no consideration money was......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... addition to the 5000 sets of Non Truck Tyres for Bangladesh market. That the defendants have no lawful authority, power and/or jurisdiction to make any open or underhand dealing with any person or persons whatsoever in respect of Birla Brand materials for Bangladesh during the subsistence of the...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ...... The petition is dismissed. Ed. ...... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 100
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