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Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....the Joint District Judge, 3rd Court, Comilla in Miscellaneous Pre-emption Case No.7 of 1976 under section 96 of the State Acquisition and Tenancy Act, 1950 dismissing the same on contest. 2. The facts leading to the filing of this petition for leave to appeal, in short, are: 3. The pre-emp......r Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mosammat Manikjan Bibi………………………………….Petitioner Vs. Md. Jalil alias Abdul Jajil and others…………….Respondents Judgment May 11, 2011. Result: The petition is di...... approved by the then Circle Officer (Revenue), Barura on 15.4.1990 and that Nawab Ali had since been paying rent as per the separate khatian prior to the sale under pre-emption. While discussing the evidence of the pre-emptor who was examined as P.W. 1, the trial Court noticed that the pre-emptor a..Category: Property Law | Date: | Hits: 58
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6. The writ petition was contested by respondent Nos.2 and 4, the decree-holder and the auction purchaser respectively by filing two separate sets of affidavit-in-opposition staling almost similar facts. In the affidavits-in-opposition the respondents contended that the executing Court correctl...... (2011) 685.
......lant shall submit the concise statements by 12th April, 2011 and 1(one) week thereafter the respondent will file the concise statements.
Ed.
This Case is also Reported in: VIII ADC (2011) 685.
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Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....ossession in the suit property. As the plaintiffs filed the suit making false statement, the same was liable to be dismissed with cost. 7. Defendant No.3 in his written statement contended similar facts as stated by defendant No.1 adding further that he has been living in the suit property from 1...... Case is also Reported in: VIII ADC (2011) 679. ......title to the suit property by virtue of her purchase from the attorney of the lessee Dilip Kumar Roy. Moreso, the plaintiffs failed to prove their kabalas dated 09.06.1969 as required by the rules of evidence and thus they failed to prove their title to the suit property, consequently, they were n..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......d. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Hoque…………………………………………Petitioner Vs. Md. Jabbar and another ………………………………….Respondent Order March 10, 2011. Resul......more than 20 years by exercising his right, title and interest therein and by paying rent etc. and also by mutating his name in the relevant Khatians. 4. The Trial Court, on consideration of the evidence adduced by both the parties, dismissed the plaintiff’s suit on making observation and fin..Category: Property Law | Date: | Hits: 76
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
....ally framed reveals that though apparently it was for the relief against obstruction by the defendants from interfering with the right of the plaintiff to ancient light and air, but in the plaint all facts that were subsequently sought to be included by way of amendment were made. There was clear al......ormation and necessary action. Ed. This Case is also Reported in: ......s did not get any settlement from suit plot no. 1020 and did not possess the same in any material time. 4. While the said suit was ready for further hearing on 08.10.1998, after competition of the evidence of P.W.2, the petitioners herein filed an application under Order 6 Rule 17 of the Code of ..Category: Administrative Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... from purchasers for sale of commercial plot no. 38-A at Gulshan Second Circle (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the purpose of disposal of the Rule, are that the petitioner no.1 Bangladesh Lega......s Case is also Reported in: 64 DLR (HCD) (2012) 203. ......n of Master Plan.- (1) When the Government approves the Master Plan submitted under section 73, it shall announce the fact by notification and the publication of such notification shall be conclusive evidence that the master Plant has been duly made and approved, and thereafter it shall be unlawful ..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....ld not be an exception to the general rule envisaged in those decisions referred to. It has been further submitted by the learned Advocate Mr. HR Sharif, that the appellant in the instant case in the facts and circumstances is entitled to the benefit of the days spent wrongly in a wrong forum caused...... Vs. Agrani Bank……………………………Opposite Party. Judgment February 20, 1991. Result: The Rule is discharged. Cases Referred to- Brij Indar Singh Vs. Kanshi Rain and others, 44 IA (PC) 218; Haji Md. Yusuf Vs. M/s Ahmed Brothers and others, 8 DLR 662; Chhazzu Ram......cate conducting the, suit for the defendant is engaged in a part‑heard matter before the High Court Division and hence not in a position to appear but the court rejected the petition and closed the evidence and passed the judgment on 14.2.89 which is on the next day and decreed the suit. Against t..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
....ment AM Mahmudur Rahman J.- This Rule is obtained by the petitioner against an order passed by Assistant Judge, 3rd Court, Dhaka in Title Suit No.188 of 1887 under section 151 CPC. 2. The short facts for disposal of the Rule are, that the petitioner Mitali Shipping Lines carries business in pa......dge, 3rd Court, Dhaka in Title Suit No.188 of 1887 under section 151 CPC. 2. The short facts for disposal of the Rule are, that the petitioner Mitali Shipping Lines carries business in partnership and owns a steel hull cargo vessel M V Asrafuddin. By an agreement executed by Murad Hossain, a part...... court revising the order of the learned Magistrate made under section 516A CrPC. The Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 230. ..Category: Civil Law | Date: | Hits: 97
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....্রির মধ্যেই। কাজেই প্রিয়েমশন যোগ্য নয়।” is also wrong. 8. The decisions cited by the Court below may be applicable in the given facts and circumstances of those cases. But they are not applicable in the present facts and circums......in: 44 DLR (HCD) (1992) 228. ......ptible and the application for pre‑emption is allowable. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 228. ..Category: Property Law | Date: | Hits: 75
Afia Khatun Vs. Secretary, Ministry of Works and another, 1992, 21 CLC (HCD)
....authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ......t High Court Division (Special Original Jurisdiction) Present: Syed Fazle Ahmed J Mainur Reza Chowdhury J Afia Khatun .............Petitioner Vs. Secretary, Ministry of Works and another ...........Respondents. Judgment February 4, 1992. Result: The Rule is disch......authority inasmuch as it is consistent with Government policy. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 225. ..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....t to have drawn adverse presumption against the prosecution case and given benefit of doubt to the accused. His last submission is that the sentence passed against the appellants is too severe in the facts and circumstances of the case and deserves reduction if at all the conviction is maintained by...... This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......d they pleaded not guilty to the same and claimed to be tried. 4. The prosecution examined in all 10 witnesses to establish the above charges, but the defence examined none. After the close of the evidence for the prosecution the accuseds were examined under section 342 of the Code of Criminal Pr..Category: Criminal Law | Date: | Hits: 73
....er
Surendra Kumar Sinha J. - The petitioners who are writ-respondents seek leave to appeal in this Division from a judgment of the High Court Division in Writ Petition No.4558 of 2006.
2. Short facts relevant for the disposal of this petition are that the respondent No.1 instituted the above w...... ADC (2011) 645. ......eparation of the Paper book is dispensed with as prayed for.
The order of stay granted earlier be extended till disposal of the appeal.
Ed.
This Case is also Reported in: VIII ADC (2011) 645. ..
Category: Employment/Service Law | Date: | Hits: 109
Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)
....the impugned memo. 5. Present petitioner contested the rule issued in that writ petition by filing affidavit-in-opposition. The High Court Division, on hearing both the parties and considering the facts and circumstances and relevant rules, made the rule absolute and declared the impugned order a......hmed J Md. Shamsul Huda J Md. Obaedur Rahman, General Manger, Tangail Palli Bidyut Samity, Asekpur, Tangail…………………………………………Petitioner Vs. Md. Amirul Islam and others……………………Respondent Judgment June 19, 2011. Result: The civil p......ntal proceeding shall stand and will be operative. With the above observation this civil petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 642. ..Category: Employment/Service Law | Date: | Hits: 53
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....laintiff seeks leave of this Court against the judgment and order dated the 31st day of May, 2009 passed by the High Court Division in Civil Revision No.5201 of 2005 discharging the Rule. 2. Short facts necessary for disposal of this petition for leave to appeal are that the petitioner as plainti......n Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Agrani Bank Limited………………………………………………….Petitioner Vs. M/S. Kalipada Saha & Brothers and others………………..Respondents Judgment June 22, 2011. Result: The petition i......w any amount from the account of loan sanctioned on 13.12.1994, the bank was not entitled to get the amount claimed from the respondents as prayed for. 4. The trial Court on consideration of the evidence on record decreed the suit in-part, that is, allowed the claim of the plaintiff to the tune..Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
.... the stamp paper of the bainapatra in question which was purchased on 19.08.1981 while the bainapatra was written several months after on 18.11.1981. The appellate court on consideration of these facts and circumstances disbelieved the genuineness of the alleged bainapatra of the plaintiff. ...... J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Aminul Islam…………………………………………………….Petitioner Vs. S. M. Habib alias Dulal and others……………….Respondent Order March 27, 2011. Result: Leave is granted......nal case was ultimately dismissed as Sarif Lokman Ahmed could not appear before the court due to his illness. But subsequently, on the prayer of the defendants, the martial law authority, on taking evidence, found the plaintiff in unlawful possession of the land in question and therefore evicted h..Category: Property Law | Date: | Hits: 51
Zeenat Textile Mills Ltd. Vs. Chairman, Third Labour Court, Dhaka and another, 1991, 20 CLC (HCD)
....e why the judgment and order dated 20.5.86 (Annexure‑G) passed by the Respondent No.1 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The short facts leading to the issuance of the Rule Nisi is that the respondent No.2 Ananda Chandra Das was a ......nal Jurisdiction) Present: Qazi Shafiuddin J Mainur Reza Chowdhury J Zeenat Textile Mills Ltd. Tongi, Gazipur .................Petitioner Vs. The Chairman, Third Labour Court, Dhaka and another...........................Respondents Judgment October 29, 1991. Result: The R......submitted that the Labour Court below acted illegally and without jurisdiction in sitting as a court of appeal over the finding of the domestic tribunal inasmuch as the Labour Court re‑assessed the evidence and came to the different finding on fact which the court is not authorised in law to do. H..Category: Labour and Industrial Law | Date: | Hits: 172
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
.... the same case are heard together and disposed of by the following judgment. 2. The appellants along with 3 others are accused in the above case under section 2, 25B of the Special Powers Act. The facts of the case alleged in the First Information Report are that on 26.1.1987 at night die informa...... No. 266 of 1990. Judgment Muhammad Ansar Ali J.- These two appeals under section 30 of the Special Powers Act, one at the instance of accused Md. Dulal Mia being Criminal Appeal No.605 of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed......for bail. 7. We have considered the submissions of the learned Advocates on the first point and we are of the view that the submissions relate to the merit of the case which can be decided only on evidence at the trial and we should not express any definite opinion on the same at this stage lest ..Category: Criminal Law | Date: | Hits: 68
ASM Abdur Rob Vs. The State, 1991, 20 CLC (HCD)
....l the case ended in acquittal, Supplementary charge sheet is not barred in law and according to the learned Deputy Attorney‑General the matter was further investigated as the police did not get all facts earlier, and it caused no error or illegality and after finding a prima facie case as alleged ...... For the State. Criminal Miscellaneous Case No. 376 of 1991. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 498 of the Code of Criminal Procedure and is directed against an order dated 31.3.1991 passed by the learned Sessions Judge, Lakshmipur, i......ing us through the previous two FIRs, the previous charge sheet which excluded ASM Abdur Rob, the subsequent judgment delivered by the Sessions Judge who discharged all the accused for want of proper evidence and the subsequent FIR filed in 1991 in the month of January by Jatana Rani and the consequ..Category: Criminal Law | Date: | Hits: 85
Halima Bibi Vs. The Chairman & another, 1992, 21 CLC (HCD)
....re the Court of Settlement the Respondent No.2 did not file any written statement in controverting or denying the assertion made by the petitioner. But the Court of Settlement without considering the facts and circumstances of die case and without applying judicial mind passed an order dismissing th......h, 27 DLR 170 & 30 DLR (AD) 101. Lawyers Involved: Habibul Islam Bhuiyan with MA Wahab Mia & Abul Hashem, Advocates ‑ For the Petitioner. Fakrul Islam, Assistant Attorney‑General and Dr. Delwar Hossain, AAG ‑ For the Respondent No.2. Writ Petition No.276 of 1987. Judgmen......o legal effect. The property in question stands excluded from the list of abandoned property. We, however, make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 197...Category: Property Law | Date: | Hits: 64
Moulvi Gholam Moula Vs. Secretary, Ministry of Education, 1992, 21 CLC (HCD)
....le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195.......r Reza Chowdhury J Moulvi Gholam Moula ..................Petitioner Vs. The Secretary, Ministry of Education, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, Dhaka and others…………..Respondents Judgment January 26, 1992. Result: The petitioner is......le to petitioner to get the appeal heard by Respondent No.1. In view of this matter the petitioner is entitled to relief sought for. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 195...Category: Administrative Law | Date: | Hits: 164
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