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Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
.... K. M. Nurul Alam vs. Bangladesh, 46 DLR (AD) 113; Monoranjan Mukharjee vs. Election Commission, 41 DLR 484. Lawyers Involved: B. Hossain, Advocate-on-Record-For the appellant Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-F......reme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M.H. Rahman J A.T.M. Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh .............Appellant Vs Md.Golam Rahaman Mallick .................trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....ngali 19. It is also seen from the Clause 21 of the lease agreement that in case leased out land or part thereof if is required for public purpose the lessee would be required to hand over the said land to the lessor and the lessee would be entitled to get compensation. The oth......, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea Estate for a period of 35 years for the purpose as stated hereinbefore, the Government on July 15, 1978 transferred 12 Tea Estates to the appellant which also includes th......inary sand from the so-called Balumohal of the tea estate, moreso when there is no such Balumohal in the said tea estate, that the area from where sand is to be collected is within the control and management of the tea estate and if a third party is allowed to enter in the tea estate area for an..Category: Property Law | Date: | Hits: 43
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
.... in the right side of the chest of the deceased, accused Sayeduzzaman dealt a blow by a dagger in the left side of the chest of the deceased, accused Dudu dealt a dagger blow in the palm of the right hand of the deceased and Mofizuddin as well as Abdur Rahman inflicted dagger blows on various places......e erection of the hut as the land in which tinshed was erected belongs to the informant and his brother Mohammad Ali, that P.W.1 and his brother protested against the forcible erection of the tinshed over their land and requested Abdus Samad Mondal to remove the structure and thereupon Abdus Samad M......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ppointed in accordance with the Waqf deed. 10. The High Court Division further held that the order dated 30.08.2005 passed by the Waqf Administrator directing Mohammad Hanif to hand over the charge of the Waqf Estate as Mutawalli to the present petitioner is also not justifie......s due and proper weight in consideration by the Administrator of Waqfs. To that end Mr. Karim sought Court's intervention to secure his appointment as Mutawalli, such appointment by now being long overdue since 2005. 8. The High Court Division considered Clauses 5 and 12 of the Waqf......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....arned Joint District Judge appointed Tafazzal Hossain, Sheristadar of the said Court, as receiver but he having refused to become the receiver, the learned Joint District Judge appointed Mr. Tarun Chandra Dey, Advocate, previously an employee of the Court of District Judge, Dhaka, as receiver in ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......and style "Parda Bitan" and defendant No.3 is running business in another room in the name of "Khan Brothers"; the plaintiff having facing inconvenience in joint possession and management of the suit properties requested the defendants for partition but they having refused, h..Category: Property Law | Date: | Hits: 36
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
....others........................ ...........Respondents Judgment May 22, 2007 Lawyers Involved: Syed Mahbubar Rahman, Advocate-on Record- For the Petitioner N.H. Khandaker, Advocate-on-Record- For the Respondent No.1 &nbs......ssistant Judge, Nalitabari in Other Class Suit No. 90 of 1991. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 90 of 1991 before the Senior Assistant Judge, Nalitabari for recovery of possession of the possession of the suit land under Section 9 of Specific Relief Act stati...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..Category: Property Law | Date: | Hits: 51
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....pose of salish over a dispute between condemned prisoner Joynal Fakir and his brother Mohir Fakir. When they reached in front of the house of condemned prisoners, Joynal Fakir with a dagger in his hand, Sumon with a Chinese axe in his hand, accused Sahin with a Ramdao in his hand, Babu with a sw......a and reached there at 7.30 A.M. Leaving the Honda there, they along with P.W.5 started on foot for the house of her maternal grandfather (Nana Shashur) at village Ramgoti for the purpose of salish over a dispute between condemned prisoner Joynal Fakir and his brother Mohir Fakir. When they reac......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
.... Rustom Ali who after constructing house started living therein; Rustam Ali then entered into a contract for sale of the suit land with one Abdul Jabber, the defendant No. 4, on 25-12-1969 and also handed over the possession of the suit land to him; Abdul Jabber then by a registered kabala execu...... January 24, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for evic......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... AIR 1971 (SC) 966; Bidhu Bhusan Bagchi and anothÂer Vs. The State of West Bengal, AIR 1952 Calcutta 901; Vrajlal Manilal and Company Vs. State of Madhya Pradesh AIR 1970 (SC) 129 (135); M/s. Laxmi Khandsari Vs. State of Uttar Pradesh AIR 1981 (SC) 873 (880); M/s. Sukhanandan Saran Dinesh Kumar V. ......amendment of P.O. No. 26 of 1973, validly passed by the legislature…………………………(42) Cases Referred to: State of Madras Vs. V.G. Row, AIR 1952(SC) 196; Abul-A'la Maudoodi Vs. Government of West Pakistan, PLD 1964 (SC) 673; Damyanti V. Union of India AIR 1971 (SC) 966; Bidhu B......se members were duly elected on 7th December, 1988 and the dissolution of General Body comprising of National Delegates, designated by such elected Executive Committees, and by the taking over of the management of all the Committees from the elected representatives of the members of the Society the ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ative. Some of these cases are Monir Ahmed Khan Vs. Bozlu Mia, 1988 BLD 241; Jalaluddin Ahmed Vs. Matiur Rahman Khan, 41 DLR, 77; Mostafa Kamal Vs. B.D. Habibullah & ors, 41 DLR 197. On the other hand, in two cases- Habibur Rahman Vs. Election Commission, 40 DLR 459 and Haji Sultan Ahmed Vs. Abd.......Appellant Vs. Mustafa Kamal and others……………………………………...............Respondents Judgment February 8, 1990. Result: The appeal is allowed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), section 26 Section 26 of the UP Ordinanc......ide the uncontested elecÂtion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....f the appellant and also saw the appellant in that house; he then sent the injured to his hospital (Health Centre) for treatment. 11. Mr. Mainul Hosein saw a contradiction between P.W.2 on the one hand and P.Ws 10 and 12 on the other hand in respect of the place where the injured Mahmuda was foun......ies found on her person which ultimately resulted in her death are not disputed by the defence whose only suggesÂtion is that the injuries were caused by some other persons, such as some frustrated lover of Mahmuda in some other place. Her statement was recorded by the Officer-in-Charge of the Poli......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ffect that Syed Matiur Rob, son of late Syed Mojibur Rob, was admitted in Dhaka Medical College in December 1949 as first year student and that he passed MBBS Examination in April, 1955. On the other hand, respondent No.1 filed a suppleÂmentary affidavit annexing with it a photostat copy certificat......tan in 1971 and died there in 1978. He applied to the Sub-Divisional Officer, Dhaka on 29.4.1972 for release of the properties, but, in spite of the recommendation of the Sub-Divisional Officer, the Government did not release the properties Several inquiries were made by various agencies of the GovÂ......for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..Category: Property Law | Date: | Hits: 32
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....d others, AIR 1942 Allahabad 338. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants Khandker Mahbubuddin Ahmed, Senior Advocate, (Harendra Nath Nandi, Advocate with him) instructed by ...... facts are that the predecessors of the plaintiffs instituted Title Suit No. 73 of 1976 in the 1st Court of Subordinate Judge (now Joint District Judge), Comilla for declaration of title and for recovery of khas possession. The suit was decreed on contest on 30.09.1980 and Title Execution Case No......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....or of the Sonar Bangla Service Station, asked the defendants to mutate his name in respect of the suit property but the same was refused and' on March 27, 1991 the authority directed the plaintiff to handover possession of the land in suit. Hence the suit. 3. The suit was contested by the defenda...... also Reported in: ......doning the delay. 12. In 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: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....mulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder....................Appellant (In Civil Appeal No. 49 of 1995) Narash Chandra Bhattacharjee.....Appellant (In Civil Appeal No. 50 of 1995) Hari Sankar Chowdhury.........appellants of Civil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of the s....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....nged this order in the High Court Division in the above mentioned writ petition as having been made without any lawful authority. 4. The case of the contesting respondent, on the other hand is that on the objection raised by the Audit Department they asked the petitioner to pay ......ated 07.01.1998 respondent No.1 re-fixed the salary of the petitioner at a basic pay of Tk. 470/- With effect from the date of his joining and asked him to pay back Tk.90,322.50/- said to have been overpaid to him during the period from 23rd February 1981 to 23rd July 1989. 3. The petition......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....ts that P.W. 5 Sonatan Mondal gave a different version contradictory to that of the prosecution case. Similarly P.W.7 Chowkidar, Abu Jafar also belied the prosecuting story and P.W. 14 Nikhil Chandra Mondal though was tendered made material statement leading to the irresistible hypothes......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....s through the judgments passed by the courts below and submits, interalia, that the High Court Division committed error in disreÂgarding the fact that the petitioner being a ledger clerk had no hand in the alleged offence of misappropriation or forgery inasÂmuch as he discharged his routine d...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record-For ...... 08-2003 that the parties will execute a fresh partnership deed and the petitioner will run the business by cancelling the power of attorney dated 28-12-2002 and the respondent No.l will hand over the said fishing vessel to the petitioner that under the above terms the award was made and th......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
.... and while reached Eidgah field, four persons obstructed his way and tried to snatch away key of the van which was carrying them and that the miscreants put him into a ditch when he refused to hand over the key and then they snatched away the key and thereafter looted away TK. 95,000/- along......while reached Eidgah field, four persons obstructed his way and tried to snatch away key of the van which was carrying them and that the miscreants put him into a ditch when he refused to hand over the key and then they snatched away the key and thereafter looted away TK. 95,000/- along with......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 52
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