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Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
.... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......gment, it appears that after a detailed discussion of the facts and evidence of the case the learned Court found the plaintiffs to be entitled to get the arrear rent for the unpaid period of time and accordingly granted the relief of recovery of arrear rent under law and equity. In the facts and cir......ner Vs. AKM Imam Hossain and others……………………………………………….Opposite Parties Judgment August 4, 1996. Result: The Rule is discharged. Cases Referred to- S Sibtain Fazli Vs. Star Film Distributors and another 14 DLR 307; Shiv Dayal Kapoor and othe......te appearing on behalf of the defendant No.2 petitioner, submitted that there was no prayer in the plaint for recovery of arrear rent and, as such, the learned Courts below have committed an error of law and of fact in passing the decree for recovery of arrear rent. The learned Counsel argued that t..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......imullah proposed to sell the case land at a consideration of Taka 1500.00 and they agreed to purchase the same and in pursuance thereof Taka 500 was paid as advance for redemption of the mortgage and accordingly redeemed the same. Thereafter on receipt of Taka 1000.00 on different dates Helimullah e......o Reported in: 49 DLR (HD) (1997) 18. ......peal below reported in 37 CWN 892 (Srimati Ebratunnessa Bibi & ors Vs. Debendra Nath Sen & ors) it has been held that: The question in such circumstances is the question of intention. The law in this respect well settled. The intention of the settler has to be inquired into in order to m..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
....ment), it was observed by their Lordships that the profession of lawyers is an essential and integral part of judicial system and the lawyers may figuratively be described as priests in the temple of justice. They have special interest in preserving the integrity and independence of the judicial sys...... is presumed that the present writ of quo-warranto is maintainable, it will not bring a different conclusion if the retired Chief Justice is not found disqualified to hold the office of the President according to the other provisions of the Constitution. 15. Mr. Asrarul Hossain submits that if th...........................petitioner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule is discharged. Cases Referred to- Farid Mia Vs. Md. Amjad, 42 DLR (AD), 13; Wares Miah Vs. The People's Republic of Bangladesh,...... Mainul Hosein‑Amicus Curiae. Writ Petition No. 3067 of 1996. Judgment Md. Mozammel Hoque J. - This Rule was issued calling upon the Respondents to show cause as to under what authority of law the declaration of the respondent No.2 declaring the Respondent No.1 as President of the People'..Category: Constitutional Law | Date: | Hits: 200
Ripon Howlader Vs. State, 2009, 38 CLC (AD)
.... The High Court Division, however, considered the tenÂder age of accused and nature of offence they have committed and on careful analysis came to a finding that considering all the aspects, ends of justice would be met if the sentence awarded to accused Ripon and Hanif is commutated to imprisonmen......udges of the High Court Division failed to considÂer in convicting the petitioner; that invesÂtigating officer of the case seized knife, blood stained clothes and pitch during the investigation and accordingly prepared the seizure list of those materials but the prosecution did not produce those s......smissed. Lawyers Involved: S.M. Shahjahan, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioner. None Represented-For the Respondent. Criminal Petition for Leave to Appeal No.298 of 2008. (From the judgment and order dated the 20th and 23rd days of March, 200......n between accused Ripon and the deceased. Ripon gave fists and blows to the deceased. The deceased leaving the passengers at about 9:00 A.M. came with his tempu in front of the house of his father-in-law where he used to reside and complained to Kabir Fakir and Ali Akbar Munshi against Ripon. In the..Category: Criminal Law | Date: | Hits: 81
Md. Moniruzzaman alias Chaklet and others Vs. State, 2009, 38 CLC (AD)
....r of the High Court Division, thereon conÂsideration of the tender age of the petiÂtioners and that they are first offenders and the recovery of the victim immediÂate after the occurrence, ends of justice would be best served if the sentence of life imprisonment awarded to the petiÂtioners may b......ntence of the petiÂtioners is commuted to rigorous imprisÂonment for 14 (fourteen) years. The senÂtence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711.......e judgment and order dated the 15th day of June, 2008 passed by the High Court Division in Criminal Appeal No.3787 of 2001). Judgment Mohammad Fazlul Karim J.- This Criminal Petition for Leave to Appeal is directed against the judgment and order dated the 15th day of June, 2008 passed by the ......ntence of the petiÂtioners is commuted to rigorous imprisÂonment for 14 (fourteen) years. The senÂtence of fine is, however, maintained. Ed. This Case is also Reported in: VIII ADC (2011) 711...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. ...... Vs. Mohammad Alamgir Hossain and others……………………….Respondents (In both the cases) Order February 3, 2011. Result: Leave is granted. Lawyers: Mahbubey Alam, Attorney General (with Mar ad Reza, Additional Attorney General), instructed by B. Hossain, Advocate-o......ee from all encumbrances". Section 14A imposes an express bar on the entertainment of any suit against any order passed or any action taken under the said Act. On consideration of these provisions of law, the judgment and order of the High Court Division and the judgÂment of this Division, we find ..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.......sel has failed to point out any error apparent on the face of the judgment, rather 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.......d 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.......grounds specified in Order 47 Rule 1 of the Code of Civil Procedure that is to say, error apparent on the face of the record or omission to bring to the notice of the Court the relevant provisions of law or discovery of a new and important matter of evidence which, after exercise of due diligence, w..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. ......h Court Division rightly concurred with the findings arrived at by the trial Court and 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. ......cted by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-25. Civil Petition for Leave to Appeal No. 645 of 2009. (From the judgment and order dated 21.01.2009 passed by the High Court...... Abdul Wadud Bhuiyan, learned Senior Counsel appearing for the petitioner, submits that the pre-emptee failed to prove that the disputed jama was separated after complying with all the formalities of law. He further submits that the petitioner could not produce the relevant record of Mutation Case N..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 on 18.01.2009 the petitioners went to the concerned Court and they were advised to make payment of the balance amount of TK. 1,76,114.00 in addition to the deposit already made by them earlier and accordingly, on 28.01.2009 they filed an application for setting aside the auction sale on payment o......ecord-For the Petitioners.
M. A. Samad, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.4.
None represented-For Respondent Nos.1-3.
Civil Petition for Leave to Appeal No.2133 of 2010.
(From the judgment and order dated the 11th day of August, 2010 passed......0.00=(13,50,000.00+67,500.00) as statutory requirement. The executing Court rejected the application by its order dated 20.11.2006 on the finding that the application was not filed in accordance with law. In the order dated 20.11.2006 the executing Court did not mention anything about the shortfall ..
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. ......d without jurisdiction and for mandatory injunction to restore back possession of the suit land to the plaintiffs. 4. The plaint case, in short, is that the suit land belonged to Mahmuda Begum and accordingly the same was recorded in the S.A. Khatian in her name. While Mahmuda Begum was in posses......Petitioners Vs. Monwarul Alam and others................................Respondents Order May 9, 2011. Result: Leave is granted. Lawyers Involved: B. D. Chakrobarty, Deputy Attorney-General instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Quamrul Haque Si......s illegal and without jurisdiction without declaration of title to the suit property was not maintainable under section 42 of the Special Relief Act (the Act), therefore, the appellate Court erred in law in decreeing the suit, and the learned Judge of the High Court Division failed to consider the s..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....conÂveyance in favour of the contesting defendant Shamsul Haque based on misreading and non-consideration of the evidence and misconception of law committing an error of law occaÂsioning failure of justice. (ii) Whether the High Court Division wrongly accepted the lower appellate court's misre......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. ......Record-For the Petitioner. M.I. Farooqi, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos.3-5. Civil Petition for Leave to Appeal No.2671 of 2010. (From the judgment and order dated 05.10.2010 passed by the High Court......intiff in favour of the defendant and the defendant, on payment of consideration money, got possession of the land and had been possessing the same the possession of the defendant in the said land is lawful possession and that a lawful possession cannot be considered as adverse possession and as suc..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. ......d not enter into any agreement to sell 2.44 acres of land but he entered into an agreement to sell 33 decimals of land only appertaining to suit plot No.373, at a consideration of TK.4, 25,000.00 and accordingly on accepting TK. 2,00,000.00 (two lakhs) as earnest money executed the agreement. Defend...... Lawyers Involved: SK. Awsafur Rahman, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented-For the Respondents. Civil Petition for Leave to Appeal No.106 of 2010 (From the judgment and order dated the 19th day of July, 2009 passed by ......but only 33 deciÂmals of land which he failed to discharge, but the High Court Division failed to conÂsider the said admitted factual aspect of the case in its proper perspective and thus, erred in law in not decreeing the suit as a whole, therefore, the impugned judgment and decree calls for inte..Category: Property Law | Date: | Hits: 72
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. ......fique Uddin was an allottee of plot no. 13-B, CWA, road No. 35, Gulshan Model Town, Dhaka by the then Dhaka Improvement Trust (in short, DIT) measuring 14 Katha 5 chattaks for residential purpose and accordingly a lease deed was executed between the parties concerned on 27.09.1963 for a period of 99......rs….................Petitioners Vs. Bangladesh and others…….........................Respondents. Judgment November 15, 2007. Result: The Rule is discharged. Cases Referred to- Sharif Nurul Ambia vs. Deputy Commissioner and others, 58 DLR (AD) 253, M Saleem Ullah, Advoc......ice in the Daily Sangbad dated 22.4.1999 inviting tenders 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 ..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.......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....... of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- The petitioner Manjurul Huq prays for issuance of Rule Nisi under Article 102(2)(a) of the Constitution calling upon the respondents to show cause why the impugned order bearing Memo No. BADAS/Proshason‑437/91/273 dated 24.1.91 (An......e Chief Metropolitan Magistrate respondent No.7 asking Mr. Faruk Ahmad Khan, Metropolitan Magistrate to be present in the said Association's canteen should not be declared to have been issued without lawful authority and to be of no legal effect. The petitioner prays for declaration that h responden..Category: Civil Law | Date: | Hits: 56
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....the days spent wrongly in a wrong forum caused by a genuine mistake on the part of the lawyer which may be caused due to the mistaken view of the law and, therefore, the delay be condoned for ends of justice and the appeal be ordered to be registered. 7. This rule is contested by opposite party A......at the period of 247 days which were occupied in the review petition, having been pursued bonafide and in good faith by the defendant No.1,ought to have been excluded in computing the limitation and, according to the learned Advocate such period is always excluded in computing the limitation during ......€¦â€¦â€¦â€¦â€¦â€¦Appellant/Petitioner. 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 Bro......olative of the Government Regulations was invalid. On this pleadings the court below took up the hearing of the suit during which the plaintiff examined P.W.1 and was cross examined by the defendants lawyer on 22.12.88 and the suit was fixed for further hearing on 13.2.89. On that day the defendant ..Category: Procedural Law | Date: | Hits: 111
Mir Amanullah Vs. Mohammad Sharif and others, 1991, 20 CLC (HCD)
....inity. 5. Mr. Gholam Rabbani, the learned Advocate appearing for the pre‑emptor petitioner, submits that both the Courts below committed an error of law in their decisions occasioning failure of justice in dismissing the pre‑emption case on the ground that the transfer was not pre‑emptible ......ted in 20 DLR at page 433 where it has been held that a prayer mat is not a pecuniary consideration and a transfer in exchange for this is not pre‑emption. The learned Advocate further submits that according to the provision of section 96 sub‑section 10(c) of the State Acquisition and Tenancy Ac...... Mir Amanullah……………Petitioner Vs. Mohammad Sharif and others………… Opposite Parties Judgment August 20, 1991. Result: The Rule is made absolute. Cases Referred to- Tamizunnessa Vs. Umar Ali, PLD 1967 (Dhaka) 600; Syed Ali Gazi and others Vs. Alhaj Sardar an...... as being within the three decrees of consanguinity. 5. Mr. Gholam Rabbani, the learned Advocate appearing for the pre‑emptor petitioner, submits that both the Courts below committed an error of law in their decisions occasioning failure of justice in dismissing the pre‑emption case on the gr..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. ......the allotment as class III and IV Government employees. 12. The petitioner is a class I gazetted officer and as per decision of the Government she is not entitled to purchase the house and she was accordingly informed as per letter under challenge vide Annexure 'G'. 13. The learned Advocate re......ndents. Judgment February 4, 1992. Result: The Rule is discharged. Lawyers Involved: Mahmudul Islam with Nihad Kabir, Advocates ‑For the Petitioner. Shahabuddin Ahmad, Deputy Attorney‑General ‑For the Respondents. Writ Petition No. 235 of 1987. Judgment Syed Fazle......Bangladesh was issued calling upon the Respondents to show cause as to why the Memo No. sha-10/shuko-73/79/293 dated 17.4.85 contained in Annexure 'G' should not be declared to have been made without lawful authority and of no legal effect. 2. Facts giving rise to this Rule may briefly be put thu..Category: Property Law | Date: | Hits: 75
Shadat Ali and another Vs. State, 1991, 20 CLC (HCD)
....by the learned Advocate for the appellants that the defence case has not been considered by the learned Sessions Judge side by side with the prosecution case and this has resulted in a miscarriage of justice, let us see how far this is correct and tenable. In reply to the above grievance of the lear......uilty under section 304 Part II of the Penal Code instead of sections 302/34 of the Penal Code and appellant Mohiuddin under section 325 of the Penal Code instead of section 326 of the Penal Code and accordingly convicted and sentenced them as stated above but acquitted the rest of the accused perso......€¦â€¦â€¦â€¦â€¦â€¦..Appellant Vs. The State....................Respondent Judgment February 12, 1991. Result: The appeal is dismissed with modification of sentence. Cases Referred to- 21 DLR 575; 1968 Pak. SCMR 993; PLD 1976 Kar. 438; 40 DLR 443; PLD 1968 Lah. 49; 38 DLR (AD) ......ion is maintained by this Court. 11. Mr. M Shamsul Alain, the learned DAG, on the other hand, submits that the points canvassed by the learned Advocate for the appellants are not tenable either in law or on facts. His submission is that the prosecution has been fully able to establish its case 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. ......peal as per rules, which was also dismissed.
3. The petitioners contested the petition by filing an affidavit-in-opposition. Their claim is that the writ petitioner embezzled huge public money and accordingly he was put on suspension as per rules. The inquiry committee also found the allegation o......urendra Kumar Sinha J
Chairman, Bangladesh Parjatan Corporation and others……………….Petitioners
Vs.
Md. Shafiqul Islam and others……………………..Respondents
Order
October 6, 2010.
Result:
Leave is granted.
Lawyers Involved:
Md. Bodruddoza, Advocate, ins......es. The writ petition is liable to be dismissed.
4. The High Court Division upon hearing the parties observed:
"We hold the view that this sort of collection is undoubtedly beyond the scope of law and for alleged misappropriation of the so-called charge, the impugned order of terÂmination is..
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. ......service Rules the authority found this writ petitioner-respondent No.1 guilty of the charges levelled against him and imposed punishment of caution and also downgrading of his pay scale for two steps according to Section 38(1)(b) of the Samity Service Code, 1992 vide Memo dated 31.03.2007. 4. The......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Md. Amirul Islam and others……………………Respondent Judgment June 19, 2011. Result: The civil petition for leave to appeal is disposed. Lawyers Involved: Yusuf Hossain Humayun, Senior Advocate instructed by ......both the parties and considering the facts and circumstances and relevant rules, made the rule absolute and declared the impugned order accepting the resignation of the petitioner illegal and without lawful authority and directing the respondents to reinstate the petitioner in service with all arrea..Category: Employment/Service Law | Date: | Hits: 53
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