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Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....claim of the defendant Madrassa is that the plaintiff along with his uncle Sirajuddin executed a deed of gift in favour of the Madrassa and the defendant has acquired right, title and interest on the disputed land on the basis of the said deed and also by way of adverse possession for over 12 years;......rmise, conjectures and extraneous circumstances for which the findings are liable, to be struck down; that the High Court Division committed a grave error of law occasioning failure of justice in not holding to the effect that the appellate Court below on misreading and on misinterpretation of the e..Category: Property Law | Date: | Hits: 42
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....dy stated, purported to amend another Ordinance, the objection which was to provide for public safety, maintenance of public order and preservation of peace and tranquility in the State. It was not disputed before us that the preamble of the original Ordinance would govern the amending Ordinance a......hapter XX of the Code of Criminal Procedure in trial of the cases. On perusal of the provision of Chapter XX of the Code of Criminal Procedure the High Court Division did not find that as a result of holding trial under Chapter XX, in the interest of speedy trial of the cases pursuant to the princip..Category: Criminal Law | Date: | Hits: 59
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ccordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal by the learned Third Judge. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 158. ......tute Book forthwith, whereas the learned other Judge made absolute the Rules in Writ Petition No. 192 of 2001 and 188 of 2001 and the Rules issued in other writ petitions were made absolute in part holding that sections 16(1 )(2) and 18(Kha) of the Public Safety (Special Provisions) Act, 2000 are..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......y affidavits were also filed by both the parties. 21. High Court Division, after hearing, made the Rules absolute and declared the termination of the service of the respondent Nos. 2-8 as illegal holding that the order for release from service of the respondent Nos. 2-8 is nothing but a construc..Category: Employment/Service Law | Date: | Hits: 105
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ...... disclose the ingredient of offence as provides in clause (c) of Section 25Aof the Special Powers Act. This being the state of the matter we are of the view the High Court Division was in error in holding that the First Information Report and the police report do not disclose any offence under S..Category: Criminal Law | Date: | Hits: 38
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ...... morning accused Azahar, brother-in-law of accused Salim went to the dwelling house of victim Majibur Rahman and called him out of the house to talk about payment of money by those accused persons by holding another salish and took him to the southern side of the house in the kalai (a kind of pulses..Category: Criminal Law | Date: | Hits: 26
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
.... before the Appellate Division for review of the judgment dated 26.11.2000 passed in Criminal Petition No.220 of 2000 stating that holding No.58/1A, 5(five) storied building, Purana Paltan was disputed property in the non FIR Case No.793 of 1997 and receiver was appointed in respect of that ...... 8.2.2007 passed in Contempt Petition No. 2 of 2003 rejecting the petition of the petitioners. 2. Short fact is that the mother of the petitioners, Monowara Islam, purchased the land of holding No.58/A, Purana Paltan, Dhaka from the government vide registered deed No.1659 dated 6..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)
....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 422. ......ine and Appeal) Rules, 1985 was initiated against the Respondent. In due course the Respondent submitted his explanation and then an enquiry was held and a report was submitted on November 11, 1997 holding the Respondent guilty. Thereupon second show cause notice was issued to the Respondent and ..Category: Administrative Law | Date: | Hits: 120
Mrs. Rawshan Ara Begum Vs. Mst. Sufia Begum, 2007, 36 CLC (AD)
....69 of 2000 dismissing the suit and sending the suit back on remand to the appellate court below for expeditious disposal of the suit after obtaining the report of DNA test of the plaintiff and the disputed child from the concerned Department of the Dhaka Medical College Hospital. 2. The p......correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 407. ..Category: Civil Law | Date: | Hits: 128
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
.... from the possession of the petitioners and the petitioners having absolute and exclusive title therein are entitled to the compensation assessed. Out of schedule-1 lands the schedule-1(ka) is the disputed lands which have been acquired by the Government from the possession of the petitione......e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ..Category: Property Law | Date: | Hits: 25
Md. Mahmud Ali Vs. Md. Abrus Ali and another, 2007, 36 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 392. ...... which are not corroborative evidence to support plaintiffs possession. That though the High Court Division failed to consider the evidence on record but affirmed the findings of the trial Court in holding that the trial Court considered properly the evidence and other materials on record althou..Category: Property Law | Date: | Hits: 42
Md. Alauddin Vs. Azizul Hussain and others, 2007, 36 CLC (AD)
....01 passed by the Subordinate Judge, Second Court, Sylhet in Miscellaneous (Pre-emption) Case No.191 of 1993 dismissing the pre-emption case. 2. The facts of the case, in short, are that the disputed land originally belonged to Ashek Ali, predecessor of respondent Nos.2-10. Ashek Ali sold ...... of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 389. ..Category: Property Law | Date: | Hits: 20
Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)
....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ...... High Court Division was in error in not considering the fact that two of the donors filed written statement supporting the case of the defendant No.1, that the High Court Division was in error in holding that it was not proved that there was offer and acceptance and delivery of possession, that..Category: Property Law | Date: | Hits: 37
Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)
....he suit land on the basis of alleged settlement and accordingly, no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 79. ......sor did not acquire any title or interest in the suit land on the basis of the alleged settlement as the suit land was a protected forest land of the Government. The trial Court dismissed the suit holding that the plaintiffs could not prove the settlement. The plaintiffs then preferred First App..Category: Property Law | Date: | Hits: 31
Md. Hyder Ali Mia Vs. Razia Begum and others, 2006, 35 CLC (AD)
....on to interfere with the above decision. So, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 75; 12 BLC (AD) (2007) 75. ......ndants filed the above miscellaneous appeal before the High Court Division and after hearing allowed the appeal. 3. Leave was granted on the submissions that the High Court Division erred in holding that the summons were not served upon defendant No.1 as there was no tender of the same upo..Category: Property Law | Date: | Hits: 33
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....completed by execution and registration of a kabala and thereupon title accrues in favour of the decree holder [34 DLR (AD) 98]. In the instant case certain facts are admitted or, in other words, undisputed. The property which the plaintiff and the defendant No. 1 are claiming belonged to Syed Ra......tion 42 of the Specific Relief Act is not supported by any reasoning, that trial Court was in error in not determining whether at all Syed Rafiuddin Ahmed made transfer to Anowara Begum and that in holding by the Exhibit 2 i.e. the agreement, between Anowara Begum and the plaintiff and Exhibit 3 ..Category: Property Law | Date: | Hits: 31
Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)
.... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......on taken up by the defendants was legally done within the area of the inherited land from the predecessor of the defendants and the defendants having title and possession, municipal holding also stood in their name and the plaintiff's case being false the suit was liable to be dism..Category: Property Law | Date: | Hits: 28
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ......t admittedly, the said order was neither communicated to both the parties nor shown to the learned Advocates of both the parties. 4. As it appears the High Court Division discharged the Rule holding that the civil revision was disposed of on merit by a regular judgment discharging the Rule..Category: Trust/Waqf Law | Date: | Hits: 199
Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
.... any legal proceeding by or under any law, the period between the 1st day of March, 1971 and the 1st day of March, 1972 (both days inclusive), shall be excluded”. 12. It is not disputed that the mortgage was made on 26-12-1927 and it was the stipulation in the mortgage deed ......tioner that the provision of Article 4 of the P.O. 12 of 1972 being clear and free from ambiguity, as such, upon resorting to the preamble of P.O. 12 of 1972 the High Court Division was in error in holding that the suit was barred by limitation on the view since plaintiffs' suit was not of the k..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... that as the defendant challenged possession of the plaintiff, it was necessary for the plaintiff to file a regular title suit for declaration of his title and confirmation of his possession in the disputed land and in that suit the plaintiff also could have challenged the legality of the impugned......iffs of the land in suit, the suit for mere declaration of title is barred by section 42 of the Specific Relief Act and that wrongly arrived at the finding of possession in favour of Firoz alone upon holding possession of Abu Sufian "may be treated as intruder", which is inconsistent to the evidence..Category: Property Law | Date: | Hits: 33
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