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Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....two storied residential building on the eastern side of the above plot; in terms of an agreement for sale between him and the petitioner, the respondent No. 4, in the month of December 1981, handed over the vacant possession of the first floor of the aforesaid two storied residential build...... The First Court of Settlement and other................Respondents (In both the cases) Judgment January 26, 2006. Cases Referred To- 48 DLR (AD) 1, Rasheda Begum Vs. Government of Bangladesh and another, 2 BLC (AD) 158; Rahima Begum and others Vs. Court of Settlemen......abandoned property it is exempt from any legal process. Be it an auction sale by the Government itself or through court. The petitioners carried the onus to prove the presence or whereabouts or management of the building in question by the original non-Bengali owner when President's Order No..Category: Property Law | Date: | Hits: 41
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....is therefore obliged to vacate the premises in favour of Habibullah. On his own admission Habibullah had got better right than him to get back possession. 15. In such view of matter, direction for handing over possession by Abdur Rab cannot be taken any exception. The impugned judgment and decree......ff also instituted Title Suit No.22 of 1992 against said Abdur Rab in the second court of Subordinate Judge, at Dhaka for a decree of declaration of his title in the selfsame property and also for recovery of possession. 9. Mr. Mahabubey Alam, learned Counsel, appearing for the petitioner submits......issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221...Category: Tenancy Law | Date: | Hits: 180
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....idence there are documentary evidences which also have supported the allegation against the accused. These two documentary evidence are an agreement vides Exhibit-1 and one hand note. The genuineness of both these documents has been admitted by the accused-petitioner hims......law by enhancing the sentence of the convict-petitioner from 3 (three) months to 6(six) months under Section 420 of the Penal Code without issuing a Rule of enhancement and this aspect having been over looked by the learned single Judge of the High Court Division committed an error of law in dis......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..Category: Criminal Law | Date: | Hits: 42
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....d bail. 3. After investigation, the investigating officer submitted final report on 08-05-2001 stating that during investigation, the informant failed to produce any witness and on the other hand, he applied to the Registrar of the Supreme Court of Bangladesh to seize the deed in question...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..Category: Criminal Law | Date: | Hits: 39
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....ion 106 of the Transfer Property Act by registered post with A/D through his lawyer on 20.09.1995 determining the tenancy from 1st April, 1996 and that, by that notice the defendant No.1 was asked to hand over the vacant possession of the suit premises to the respondent on the expiry of March, 1996 ......icted being defaulted in payment of rent and that the defendant No.1 most illegally without taking consent of the plaintiff broke part of the roof of the suit premises and replaced it by affixing tin over there and opened an additional door by breaking the wall of the suit premises and sub-let the s......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ..Category: Tenancy Law | Date: | Hits: 184
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
....vance of violation of their fundamental rights before the Administrative Tribunal. The wrong complained of being inextricably mixed up, in our opinion, High Court Division was justified to lay its hand in writ jurisdiction for prevention of injury and. vindication of justice and. to protect fund...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Hussain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh represented by the Secretary, Ministry of Finance, Bangladesh Secretariat...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ..Category: Employment/Service Law | Date: | Hits: 69
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....te Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State..................................us imprisonment for 6 (six) months more and thereby set aside the order of acquittal by the judgment and order dated 9-4-1996 passed by the High Court Division in Criminal Appeal No. 192 of 1994 and Government Appeal No. 25 of 1995. 3. The accused-appellants were prosecuted in Sessions Case No. 3...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
.... judgment of the Appellate Division through a series of proceedings over the years, the same cannot be sustained in law. 16.The learned Advocates, appearing for the respondents, on the other hand, supported the impugned judgment of the High Court Division and it is argued that sending back......chased 0.70 acre of Plot No.125 from the heirs of Nizamuddin on 13-5-1955 and 4-12-1955 by two registered sale deeds (although quantum of the land was wrongly written in the sale deeds). The government acquired 0.45 acre out of 0.70 acre of suit Plot No.125 in LA Case No. 18 of 1949 and 47 ......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....rind from the PW 2. PW 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 PW 1 aiming his hand in order to kill him. The blow hit the jaw of the PW 1 Saker Ali and he fell down on the groun...... 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......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....)109 = 34 DLR (AD) 285. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record—For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate- on-Record&mdash...... (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Government of Bangladesh………………………&hell......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..Category: Administrative Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....advised AB Bank that it might proceed under section 17 of the Act. It cannot be said that Bangladesh Bank had unduly dictated AB Bank to proceed against the petitioners under section 17. On the other hand, Annexure-A series show that the notices in questions have actually been issued by the Managing......ivision Bench of the High Court Division in Writ Petition No. 463 of 1998 discharging the Rule Nisi and awarding a cost of Taka 5000.00 to each of the contesting respondents. 2. The salient facts over which there is little dispute are as follows. The leave petitioners, Messrs ASF Rahman, Salman ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....gh Court Division acted without jurisdiction in excluding the ballot papers for such omission. …………………….(45) Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, (Moudud Ahmed, Senior Advocate and Abdur Razzaque, Adv...... Order and the rules framed thereunder. Opposite party No. 14 Abdul Mannan, Superintendent of SM Darussunnat Dakhili Madrasha, was appointed one of the 4 Assistant Presiding Officers of Gharghata Government Primary School Polling Centre within Nazirpur PS, but he remained absent and engaged oppo......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....n the provisions of trust deed? The District Judge acting as a persona designata will powerless to interfere and the vacuum cannot be filled up by any other provisions of the trust deed. On the other hand, when under the Trust Act the District Judge has been conferred substantially the same powers, ...... also provided for maintenance of accounts and its audit and procedures for holding of election of the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the que...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..Category: Trust/Waqf Law | Date: | Hits: 185
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
..... ......236 of 1973). Judgment Kemaluddin Hossain J.- These two appeals are heard analogously as a common question of law is involved in them. The question involved in these appeals is covered by the decision given by this Court in C. A. No. 56 of 1977. 2. Facts material for the...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....ed in: 30 DLR (SC) (1978) 247. ...... erstwhile High Court of East Pakistan in First Appeal No. 41 of 1960) Judgment Mahmud Husain CJ.- This appeal by special leave by the plaintiffs arise of out a suit instituted for recovery of a sum of taka 1,08,127.00 as compensation for the loss, caused to them by Irrigation depar......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ..Category: Civil Law | Date: | Hits: 89
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....i Baksh Singh v. Habib Shah, 40 IA 151; Akina Bibi v. Mohammad Ali, 45, CWN 392; Lachhman Rai v. Jang Bahadur Rai, AIR 1934 Allahabad 287; Mohanlal v. Khushalibai, AIR 1937 Sind 101; Ganesh Chandra Basu v. Bashu Leskar (1958) DLR 79= PLD 1958 Dac, 295. Lawyers Involved: Moinu...... as usual without any such necessity of substitution.” 6. It is obvious from the observation of the High Court that its order dated 31.7.70 was not an order abating the appeal, moreover, under order 22 rule 4(3) of the Code of Civil Procedure, 1908, it is not necessary to pass an......n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ..Category: Civil Law | Date: | Hits: 116
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
.... Khan, Deputy Attorney-General, and M/S. B. B. Roy Choudhury and A. W. Bhuiya, Assistant Attorney-General, instructed by M. R. Khan, Advocate on Record—For the Respondents. M. H. Khandker, Senior Advocate with A. T. Kamrul Islam, Advocate— For the Petitioner. Not Re...... Bangladesh and others………....Respondents (In Civil Petition No. 171 of 1977) Mrs. Delerash Begum…………….Petitioner Vs. Government of Bangladesh Ministry of Industries, Dacca and others…………. R......sposal) Order, 1972 (P.O. No. 16 of 1972) 4. Vesting of abandoned property.– where before the commencement of this regulation, any property, or the prosecution, control, management administration or other rights of, or in respect of, anyproperty, has been or is purpor..Category: Constitutional Law | Date: | Hits: 307
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....Punjab vs SS Singh reported in AIR 1961 (SC) 493, RK Jain vs Union of India reported in AIR 1993 (SC) 1769 and SR Bommai vs Union of India reported in AIR 1994 (SC) 1918. 17. On the other hand, Mr. Amir-ul Islam, the learned Counsel appearing for the respondents, it submits that the com...... (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary A......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ..Category: Constitutional Law | Date: | Hits: 124
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
....nt No. 1, having not delivered possession of the balance portion of 0.28 acres acquired land, the appellant No.1 who paid the full amount of compensation, requested the concerned authority for handing over to them the above 0.28 acres of land whereupon the Deputy Commissioner, Chittagong di...... having not delivered possession of the balance portion of 0.28 acres acquired land, the appellant No.1 who paid the full amount of compensation, requested the concerned authority for handing over to them the above 0.28 acres of land whereupon the Deputy Commissioner, Chittagong directed th...... 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. ..Category: Labour and Industrial Law | Date: | Hits: 83
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....ts Judgment January 3, 2008. The Evidence Act, 1872 (Act No. I of 1872), Section 73 In view of the presently available advanced science and technology the opinion of handwriting expert is preferable to the Court’s exercising power under section 73 of the Evid......plaintiffs 1-8 is valid and legal. 3. The plaintiffs' case, inter alia, is that Thakurbari Junior Secondary Girls School was established in the year 1988 and it was recognised by the Government on 13-10-1992. The defendants illegally constituted the Managing Committee headed b......y;ed teachers of the said school. Accordingly, the appeal is allowed in part without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 55. ..Category: Civil Law | Date: | Hits: 110
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