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Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......e out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......vernment being satisfied as to the genuineness of their claim. Suddenly appellant No.1 received the impugned Memo No. Shilpa/Dairy No.037/DT-2-/87/3028 dated 27.05.1987 intimating that the company in question and another company would not be released to its shareholders as it was done in the case of..Category: Business or Commercial Law | Date: | Hits: 195
Md. Shahjahan Ali and others Vs. Most. Maleka Bewa and others, 2009, 38 CLC (AD)
.... Judge, Kalihati, Tangail in Title Suit No.58 of 1989 decreeing the suit. 2. The petitioners instituted the above suit for declaration of their title in the suit land and also for recovery of khas possession on the averments that the suit land, along with other lands, originally belonged to Rashi......994 passed by the learned Assistant Judge, Kalihati, Tangail in Title Suit No.58 of 1989 decreeing the suit. 2. The petitioners instituted the above suit for declaration of their title in the suit land and also for recovery of khas possession on the averments that the suit land, along with other ......no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ...... of the materials on record arrived at a correct decision and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 134. ..Category: Property Law | Date: | Hits: 57
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... extent of 0.505 acre and that in presence of the parties the surveyor measured the land and demarcated 0.505 acre of land on 2.101961 and since then Mojibul Haque and after him the plaintiffs are in possession and enjoyment of the land in suit; that Mojibul Haque inducted tenants in the three huts ......, in Title Suit No.53 of 1994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No.53 of 1994 stating, inter-alia, that 718 acre of land belonged to Abdul Hakim Hawlader, that there are 4 huts in the said land, that he died leaving ......ithout any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ...... pursuant to the auction notice published as per order dated 10.1.2007, auction was held on 4.2.2007 wherein it was found that the respondent No.1 offered Tk.18,21,000/- as the price for .68 acres of land out of total 1.62 ¾ acres of land mentioned in the auction notice while the respondent No.4 th......on. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. .............................Appellant Vs. New Sonali Garments (Private) Ltd. & Ors . ...........................Respondents Judgment April 20, 1993. Lawyers Involved: Ashrarul Hossain with Mvi. Md. Wahidullah, Advocates ‑ For the Petitioner Cross‑objection. M Zahir with M H......jection filed by Md. Zahirul Islam defendant No.9. 7. Since all these matters have arisen out of the same judgment and decree passed by the trial Court they are taken up together for disposal. The questions involved are (1) whether a Cross‑objection is maintainable in respect of an appeal prefe..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......cable in this case. 12. We have perused the FIR, the police report and the other materials on record and find that the materials on record prima-facie disclose offences under different laws of the land. In view of the above, the findings of the High Court Division that the materials on record do ......se is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......nverted into Courts of appeal or revision. It is only where statutory remedies are entirely ill suited to meet the demands of extra-ordinary situations, that is to say, where vires of a statute is in question or where the determination is mala fide or where any action is taken by the executives in c..Category: Anti-Corruption Laws | Date: | Hits: 214
....ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ...... under joint supervision and joint survey was carried out by Allied Inspection Co. Ltd and it was found that only 982.796 metric tons were discharged from the vessel and 16.578 metric tons were short-landed against the manifested quantity received by the carrier and for the said shortage, the defend......rned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......at Chittagong port and prior to commencing discharge as ullage survey was carried out according to which quantity of 1007.278 metric tons of tallow in bulk was ascertained on board the vessel and the question of any short delivery from the vessel cannot arise.
5. The trial Court decreed the suit...
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
.... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... with law. Within 15 days from the date of receipt of a copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... copy of this judgment at their end. However, there shall be no order as to cost. Ed. This Case is also Reported in: 16 BLC (2011) 905. ...... further argues that the petitioner have been lawfully dealt with in the departmental proceeding as all the requirement of domestic proceeding has been complied with by the authority and therefore no question can be raised against such departmental proceeding. 6. The learned Advocate Mr. AU Ahmed..Category: Employment/Service Law | Date: | Hits: 64
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......issing the application for Review of the order summarily rejecting the application under section 115 of the Code of Civil Procedure in Civil Order No.1530 of 1973. 2. The petitioners as contiguous land owners filed an application for pre-emption of the land transferred by the registered kabala da......bstance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......be treated as non-agricultural land, the pre-emption case under Section 96 of the Act was maintainable. 5. We do not find any scope to re-examine the whole evidence to find out whether the land in question is non-Agricultural Tenancy Act. The finding of the lower appellate Court on this question ..Category: Property Law | Date: | Hits: 76
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....ion examined 7 witnesses and defence examined none in this case. 5. The defence plea is that the accused is innocent and has been falsely implicated in this case and no arms was recovered from his possession. 6. The trial Court without proper appreciation of the evidence on record and misconce......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......lant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ..Category: Criminal Law | Date: | Hits: 76
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......ng partition and for final decree. In the plaint, the respondent No.1 plaintiff categorized schedule 'Ka' to 'Cha' as his ancestral village properties of the nature of homestead, nal, pond and ejmali land with other third party co-sharers out of which he claimed only 82 decimals of land stating that......or the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......mmissioner's report to pave the way for fresh commission for equitable partition of adjudged Hindu Joint Family properties by metes and bounds considering almost all aspects of raised objection as to question of fair and equitable partition and such finding of the trial Court do not suffer from any ..Category: Property Law | Date: | Hits: 93
Amulla Kumar Bairagi and others Vs. Chitta Ranjan Biswas and others, 2002, 31 CLC (AD)
.... the suit land is totally undemarcated and unspecified in the schedule of the plaint and a court shall not be able to pass an executable decree. It also found that the defendant No.1 respondent is in possession of the suit land and a record of right is also running in his name. 4. The learned adv......he present petitioner Nos.1 to 3, as plaintiffs filed Title Suit No.194 of 1995 in the Court of the learned Assistant Judge, Upazila Chitalmary, District Bagerhat for declaration of title in the suit land. On the death of Loknath Bairagi, the present petitioners were substituted as plaintiffs. 3.......uit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ......ate court has passed a decree over unspecified and undemarcated suit land which is not executable. The leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 118. ..Category: Property Law | Date: | Hits: 69
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....DIT in favour of defendant No.1 vide allotment letter No. DIT/Gulshan/2409 dated 2-3-1962 and it was registered between DIT and the principal defendant No.1 vide lease deed No.7198 dated 1-8-1962 and possession was handed over to the principal defendant No.1 who duly mutated in respect of the suit l......ka Improvement Trust, shortly DIT, now Rajdhani Unnayan Kartripakkha, shortly RAJUK, allotted plot No.CWN(B)34, New plot No.113 of the lay out plan of Gulshan Residential Model Town, the quantum of land is more or less 1(one) bigha, 1 (one) katha, 14(fourteen) chattaks, on 21-3-1962 to Shamsul Kab......esult, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......word Engineer or Prokoushali was never used before the publication of said advertisement Exhibit-12 as such on seeing the word 'Prokoushali' plaintiff used Jonoika in his advertisement. 22. On the question why the occupation of the father of defendant No.1(a) to 1(e) mentioned as business, Mr. ..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ...... In her cross-examination she stated that she made statement before the Magistrate that Shahin took Taka 1, 00,000 to send the victim Biplob to abroad and they gave the said money after selling their land. She also stated to the effect: “ছেলেকে কে কে মেরেছে...... section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......n did not say anything nor denied the said allegation. Section 342(2) of the Code of Criminal Procedure speaks that the accused shall not render himself liable to punishment by refusing to answer the question put to him; but the Court may draw such inference from such refusal or answers as it thinks..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule land of the plaint which is part of the 'A' schedule land. 2. Resp......against the judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule land of the plaint which is part of the 'A' sche......the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541...Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....written statement denying the material allegations made in the plaint and claimed that the plaintiff sold 05 decimals of land for valuable consideration and that the pursuant to the deed he delivered possession of the suit land. The suit is liable to be dismissed. 4. The trial Court dismissed the......r-in-interest of the appellants, instituted Title Suit No.53 of 1990 in the Second Court of Subordinate Judge seeking rectification of a deed and declaration of title in respect of the third schedule land claiming that he was the owner of the suit land on the basis of f9ur deeds and the Khatian was ......sts. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ...... for cancellation of the entire deed, and under such circumstances, it was incumbent for him to seek the relief under section 42 of the Specific Relief Act, praying for a declaration that the deed in question so far as it relates to inclusion of 0028 decimals of land is void. 6. Section 31 provid..Category: Property Law | Date: | Hits: 49
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....e informant along with his party men searched the body in presence of the witnesses, recovered one pipe-gym loaded with one cartridge, live cartridges and one Super automatic knife from his exclusive possession. The accused person having not any valid papers relating to those recovered firearms and ......rms and ammunitions, the same were seized and a seizure list was prepared in presence of, the seizure list witnesses. During the preparation of the seizure list Janab Md. Bazlur Rahman an employee of land acquisition officer, came and saw the recovered articles and also asked the accused person, who......to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......that may call for its interference and further prays for dismissal of appeal. 12. We have perused the memo of appeal, evidence on record and other materials. Also heard the learned D.A.G. The question calls for determination is, whether the impugned judgment and order of conviction and sente..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......s 2007, before according sanction on the basis of the self-incriminatory statement of Md. Habibur Rahman to ascertain the veracity of his statement. For not doing so, the sanction dated 17.08.2008 in question is ex facie biased and malafide, and is not a sanction in the eye of law. Consequently, the..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....etitioner and opposite party No.1 took settlement of lands of C.S. Plot Nos.398 and 400 of Khatian No.47 and executed Kabulyat on 24th Agrahayan, 1325 B.S. in favour of Zamindar. Kamaruddin while in possession of lands of said 2 plots died leaving 2 sons- Sona Mia and Rangu Mia. Rangu Mia subseque......e predecessor of the opposite party Nos.1(a) to 1(ka) as petitioner filed Miscellaneous Case No.67 of 1983 under section 96 of the State Acquisition and Tenancy Act, 1950 for preemption of the case land against the present petitioner as opposite party No.1. 3. The case of the petitioner, Sona ......wer Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248...Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......partition. 3. That the suit was filed on the allegation that the property appertaining to Petty Settlement Khatian No. 176 of Mouza Patharghata, Police Station Patharghata measuring 13.73 acres of land belonged to Afezuddin in eight annas share and Mominuddin owned seven annas share and Mati Bibi...... Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......ecision in the case of Khurshid Ali and others Vs. Noorjahan Bewa and others reported in 15 BLD(AD) 82 where in it has been held that:- "When the appellate Court as the final Court of fact decides questions of fact and records its findings on consideration of the evidence on record, the High Cour..Category: Property Law | Date: | Hits: 72
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