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Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......ntence of the petitioners is commuted to rigorous imprisonment for 14 (fourteen) years. The sentence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......rs. In view of the above we are of the view that the High Court Division acted illegally in maintaining the maximum sentence of the charge while affirming the conviction. On consideration of the facts and circumstances of the matter, we find substance in the alternative submission made by t..Category: Criminal Law | Date: | Hits: 70
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
.... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......uit land during the pendency of the instant suit, thus commit ted an error apparent on the face of record affirming the decree of mandatory injunction and dismissing the leave petition and in the facts of the instant case the judgment passed by this Court requires to be reviewed. IV. Because,..Category: Property Law | Date: | Hits: 57
Md. Saidur Rahman Vs. Farid Uddin Mahmud and others, 2011, 40 CLC (AD)
....he has appreciated that the impugned judgment is a well reasoned one. We find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 698........1, Chiltagong in accordance with section 4(5) of the Artha Rin Adalat Ain, the order of the Adalat accepting the tender of the respondent No.1 was without jurisdiction and that since the property in question was sold at a shockingly low price, the petitioner's right protected under Article 42 rea...... an effective remedy in the Adalat, not even equally efficacious, ordinarily the High Court Division will decline to interfere unless he has exhausted his statutory remedies particularly when the facts alleged have to be investigated." 5. Thus it appears that the point as regards the selling ..Category: Property Law | Date: | Hits: 81
Mosammat Manikjan Bibi Vs. Md. Jalil alias Abdul Jajil and others, 2011, 40 CLC (AD)
....nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......nd reversed the judgment and order passed by the appellate Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 695. ......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..Category: Property Law | Date: | Hits: 58
....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.
......on No.3326 of 2007, there was no scope for the executing Court concerned to allow the subsequent application of the petitioners filed after more than 2(two) years from the date of the auction sale in question. The writ-petitioners most collusively and fraudulently mortgaged the scheduled property to......
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..
Category: Property Law | Date: | Hits: 48
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ...... for declaration of title to the suit property was maintainable in law within the meaning of section 42 of the Specific Relief Act, inasmuch as with the very initiation of the vested property case in question in respect of the suit property and the notice given therein asking the plaintiffs to s......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..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. ...... of the evidence adduced by both the parties, dismissed the plaintiff’s suit on making observation and findings to the effect that the defendant No.1, admittedly, being in possession of the land in question for more than 20 years on the basis of a unregistered sale deed dated 25.5.1974 acquired a ......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. ..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
.... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ......h day of July, 2009 passed by the High Court Division, in First Appeal No.278 of 2003). Judgment Md. Abdul Wahhab Miah J. - In this petition for leave to appeal the petitioners have called in question the judgment and decree dated the 19th day of July, 2009 passed by the High Court Division ...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... granted at the time of issuance of Rule is hereby vacated. Send down a copy of this order to the Court below at-once for information and necessary action. Ed. This Case is also Reported in: ......s that amendment cannot be allowed at any stage of the suit. He further submits that mere change in the relief claim and proposed amendment will not change the nature and character of the suit and no question of fresh cause of action will arise. No one to oppose the Rule. 8. As for myself I ha......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..Category: Administrative Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ......in from of the road of any residential building. As such the petitioners have got no legal right to prefer the instant writ petition. It has further been contended that in the master plan the plot in question or its adjacent land has not been earmarked for car park space. Rather, in the original lay...... 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..Category: Property Law | Date: | Hits: 135
Manjurul Huq Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239.......ondent No.4 or 5) who is also an officer of the Bangladesh Diabetic Association. Therefore, the orders or actions of the aforesaid employees of the Bangladesh Diabetic Association cannot be called in question by the petitioner before this Court under Article 102(2) (a) of the Constitution. Similarly......0.1.91 when a Sub‑Inspector of Ramna PS would also be present. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 239...Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......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..Category: Procedural Law | Date: | Hits: 111
Mitali Shipping Lines Vs. Bhuiyan Navigation Agency, 1991, 20 CLC (HCD)
.... 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. ......ned order, it appears that the learned Assistant Judge made this order in exercise of his power under section 151 CPC. The learned Assistant Judge while making the order also found that the vessel in question was given in the jimma of the present opposite party No.3 with a condition that the order i......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..Category: Civil Law | Date: | Hits: 97
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....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. ......he grandsons of late Mir Abdul Jalil. Moreover, the case was barred by limitation and for defect of parties. 4. The trial Court dismissed the pre‑emption case on the finding that the transfer in question was Heba-bil-ewaj and within 3 degrees of the transferor and the lower appellate Court affi......্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..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. ......or of the said premises after taking allotment from the Respondents vide Memo No. DA‑AP/235/830 dated 10.9.1980, vide Annexure B. Petitioner is in lawful and bona fide possession of the premises in question and on the basis of lawful allotment. Petitioner has no other house or part of the house in......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)
....bail bond forthwith and serve out the remaining sentence passed against him. Let the records of the case be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 217. ......ch column. From the evidence of this doctor and his post‑mortem report and from the facts of the defence case, it can he safely held that the victim Akram Ali sustained an unnatural death. Now, the question is who are the persons responsible for the death of the victim Akram Ali. As regards the in......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..Category: Criminal Law | Date: | Hits: 73
....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. ......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. ......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..
Category: Employment/Service Law | Date: | Hits: 109
Md. Obaedur Rahman Vs. Md. Amirul Islam and others, 2011, 40 CLC (AD)
....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. ......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. ......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..Category: Employment/Service Law | Date: | Hits: 53
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
....of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......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..Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......ving no jurisdiction in the matter gave verdict against the plaintiff and on the strength of that Martial Law Court's judgment the defendants are trying to dispossess the plaintiff from the land in question. That the defendants who are the heirs of Sarif Lokman Ahmed are bound to execute and regis...... 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. ..Category: Property Law | Date: | Hits: 51
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