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Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......15 years. 4. The further case of the Khasru Mia was that the petitioner paid salami vide DCR dated 17-11-1975 and got delivery of possession on 18-11-1975. The land was mutated in his name in RoR khatian No. 454. The petitioner procured agricultural equipment including tractor for mechanised c..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......e petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......vision in revisional jurisdiction and obtained the Rule. 3. The suit was filed seeking recovery of possession of the land described in schedule 'Ka' and for a direction to prepare and publish the khatian in respect of the land described in schedule 'Kha' in the name of the plaintiff. After the i..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....is wife for non-attending the demand of dowry the conviction of the condemned prisoner under section 10(1) of the Ain and the sentence passed thereunder was not lawful, that the High Court Division wrongly placed reliance on PWs 3, 5,. 6, 7, 12 and 14 in coming to the finding that the said witnes......t there is evidence of demand of dowry and non payment of which resulted in torture upon the victim. So, the contention of absence of evidence as to demand of dowry is negated. A statement recorded by the police under section 161 Cr.P.C. can never be treated as substantive evidence. It c......the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
.... plaintiff claimed that after erecting tin huts in that land he has been living from that time. The plaintiff also claimed that though the suit land was under his possession since 16-8-1968 it was wrongly entered into list of enemy property. The contesting defendants appeared by filling written ......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ......atan Chandra Sarker and others.................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaint......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....the order treating the property as abandoned. Because of non-compliance of the provisions of article 7 and non-compliance of the provisions of section 5 of Ordinance No. XIV of 1985, the property was wrongly included in the ‘Ka’ list of the abandoned buildings. Such action was clearly illegal an......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......sp; Md. Hamidul Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban Development and another..........................................Respon......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......licensed annually. The rules also empower the licensing authority to revoke or suspend a licence granted by it for a breach of the rules or of the conditions of the licence or for any other reasons recorded in writing. 9. It would thus appear that the licensing authority, which need not ......titioner. The petition is dismissed. Ed. ......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....ers of the appellate Tribunal committed wrong in observing that the appellant did not at all prefer any appeal and accordingly, the appeal preferred before the Administrative Appellate Tribunal was wrongly allowed. 5. We have heard Mr. Tabarak Hossain, the learned Counsel for the a...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... Accordingly, the appeal is allowed without any order as to costs. Ed. ...... and non-consideration of the materials on record arrived at an erroneous decision requiring interference by us. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 128
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......n which the Court is free to come to its own finding independent of the result of a criminal case. 14. Mr. Shaukat Ali Khan contends that independent of the pending civil suits, the evidence recorded in this criminal case is sufficient for maintaining the conviction for forgery recorded b......terfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... that though Article 93 of the Constitution empowers the President to promulgate an Ordinance when the Parliament stands dissolved or is not in session, but Article 93 was applied in the present case wrongly without any valid purpose and satisfaction of the President by disregarding the parliamentar...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ....... Ed. This Case is also Reported in: 44 DLR (AD) 319. ...... down the Repealing Ordinance as void under Article 7(2) of the Constitution in the face of clear constitutional mandate of Article 8(2). Ed. This Case is also Reported in: 44 DLR (AD) 319. ..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....s Act and argued that there was a complete bar for the deposit of the share certificates under the said sections as was done in the present case and the learned Judge without appreciating the same wrongly vacated the order of attachment. 9. Since the learned counsel for the appellant has ......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Def......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....ed the respondents upon finding that the evidence adduced in the case was utterly inadequate. 4. Mr. Fazlul Karim, learned Advocate for the petitioner, has submitted that the respondents have been wrongly acquitted upon erroneously holding that the evidence was not adequate. He also submitted th......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......s dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ..Category: Criminal Law | Date: | Hits: 61
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
.... hardly be interfered with. But in this case the High Court Division did not apply properly their mind to law and facts of the case and it misconceived the whole matter as to provisions of Article 52 wrongly holding the opinion that Chancellor's decision on the appeal is dependent upon the opinion o......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ...... Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....is based on the evidence he received and on empirical deductions not challenged on any engineering principle, his finding cannot be disturbed as without any basis. The High Court Division, therefore, wrongly rejected the Arbitrator's findings in this regard. 28. With regard to the vagueness o...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......ing good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ...... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ..Category: Alternative Dispute Resolution | Date: | Hits: 202
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....e passed by virtue of the Muktipatra and as such pre‑emption was not maintainable as this Muktipatra did not have the effect of a transfer. The learned Single Judge of the High Court Division wrongly applied the facts of the case reported in 36 DLR (AD) 1 to the facts of the present case a...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......r is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
....the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......‑G), that he gave reply to each of the allegations, that he gave answers put to him by the Committee and that witnesses in fact were examined in his presence though their statements were not recorded. Mr. Khalilur Rahman has pointed out that the authorities after considering the report of ......urt's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ......the appellant reasonable opportunity to defend himself. There is no scope whatever for court's interference with the authority's finding. The appeal is therefore dismissed. No cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
....eighteen, as is the case before us), are alleged to have participated and the Court acts on the principle that it is better to err on the side of safety, so that no injustice is done to a possibly wrongly implicated accused, and benefit of doubt is reaped by a large number, with the result that ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......he appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ......ich the appellant did not share. In the result, the appeal is allowed. The appellant is acquitted. Let him be released at once if not wanted in connection with any other case. Ed. ..Category: Criminal Law | Date: | Hits: 65
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....mpletely disposed of and before that stage the appellants filed the Swaranlipi in court for assignment of their shares as per the Swaranlipi. Thus, the learned Single Judge of the High Court Division wrongly held that Order 22 rule 10 of the Code of Civil Procedure was not applicable in the instant ...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ...... then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 175
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
.... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ......prosecution of that common object, four of them caused the death of Giasuddin. The defence case is that the land was in possession of the petitioners who claimed their title from the original C.S. recorded owners, Zuna Ram and Zeen Ram and that it was the informant's party, who had come to take ......ed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ...... with the finding of fact. The petition is dismissed. The order of conviction and sentence is maintained with the modification that it is under section 148 of the Penal Code. Ed. ..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ......Mosammat Kafizan Bibi………..…………….Respondent Judgment August 18th, 1991. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Appellant. M......land in the impugned kabala dated 17.3.77 was done fraudulently by defendant No. 1 and consequently rectified and corrected the impugned kabala by striking off 1.00 acre of land from the kabala in khatian No. 219. 10. The learned Single Judge of the High Court Division in Revision set asi..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......iefs prayed for. 3. The appellant in his written statement denied the relationship of landlord and tenant between him and the plaintiffs. He claimed Settlement of the suit premises from the recorded tenant Rajendra Lal Karmaker who was his father-in-law on the 4th Baisakh 1354 BS at an y......reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ......Suit No. 1 of 1977 was illegal, void, fraudulent, collusive and not binding on the plaintiffs on the allegations, inter alia, that an area of 0'080 acres of land of plot No. 3058 appertaining to RS khatian No. 4972 corresponding to SA khatian No. 2994 of JL No. 50 belonging to mouza Bawa Alokanda..Category: Property Law | Date: | Hits: 67
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