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Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....aintiff-respondents were not on the record. 7. Mr. Mansur Habib, the learned Advocate for the defendant-appellants, submitted that the learned Single Judge of the High Court Division was wrong in holding that relationship of landlord and tenant between the parties exists merely relying upon the ......) making the Rule absolute. 2. The plaintiff-respondents instituted Other Suit No. 62 of 1975 in the Court of Munsif, Kurigram for ejectment of the defendant appellants from the suit premises, recovery of vacant possession and for recovery of arrear rent of Taka 900.00. The case of the responden..Category: Tenancy Law | Date: | Hits: 62
State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)
....ision against the said order of conviction and sentence of the trial. A learned Single Judge of that Division by the impugned judgment and order has acquitted the accused-respondent of the charges holding, inter alia, that in view of the provision of section 8 of the Criminal Law (Amendment) Act......d 17-12-80 for Taka 21,000.00 on 7-4-81, 15-4-81 and 25-5-81 respectively by forging the signature of Mr. Sirajul Islam, Ex-District Inspector of Schools, Mymensingh, who on being transferred made over the charge of his office on 17-12-80 to Mr. Intiaj Ali. On 18-12-80 vide DI of Schools Office ..Category: Criminal Law | Date: | Hits: 59
GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)
.... same having been terminated in the year 1989 and that the application is not maintainable. 6. The Administrative Appellate Tribunal set aside the judgment and order of the Tribunal holding that the application of the respondent was maintainable and that the order of the appellant......997. The Administrative Tribunals Act, 1981 (VII of 1981) Section 4(2) BSRS Part I, Rule 389 The Rules of Janata Bank only provide for certain benefits as are admissible to a government servant, Rule 389 BSRS Part I provides that there is no bar to the re-employment of an of..Category: Administrative Law | Date: | Hits: 148
State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)
....nfirmed the accused-respondents conviction under section 148 of the Penal Code. Where is the scope to hold that the accused persons acted individually? How can inconsistency be allowed to creep in holding that common object has not been established? 28. Further, if it is a question of in......ouf J Bimalendu Bikash Roy Choudhury J State, represented by the Solicitor, Government of the People’s Republic of Bangladesh ……………&hel..Category: Criminal Law | Date: | Hits: 80
Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)
....ed shopkeepers were rehabilitated thereby. 6. Respondent No. 3 had also filed an affidavit-in-opposition in the same vein. 7. The learned Judges of the High Court Division discharged the Rule holding, inter alia, that the requisition and acquisition were not made for the purpose of building ...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Brahmanbaria Pourashava………………. Appellant Vs. Secretary, Ministry of Land Reforms, Government of Bangladesh and others……Respondents Judgment October 26, 1997. Result: ..Category: Property Law | Date: | Hits: 63
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....nt No.1) PW 6 and his mother-in-law i.e. grandmother of defendant No.1 as PW 7. Defendant No.1 also examined 7 witnesses including his alleged bargaders. 5. The trial Court decreed the suit holding, inter alia, — “on the contrary the plaintiff has proved each of...... also taken as the relevant facts to prove a transaction as a benami transaction. 14. In Jaydayal Poddar vs. Bibi Hazra (1974) 2 SCR 90 the Supreme Court of India summed up the principles governing determination of benami transaction in the following words: “Though the..Category: Property Law | Date: | Hits: 75
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
....ion by one Joynab Bibi on 2-10-1962 and the plaintiff by filing Title Suit No.130 of 1967 got the auction sale set aside and the decree was affirmed upto the High Court Division. Since the land of holding No.2 was not included in the aforesaid suit, the plaintiff entered into an agreement dated ......ATM Afzal CJ.- Plaintiff-respondent brought Title Suit No. 231 of 1984 in the 3rd Court of Assistant Judge, Dhaka, inter alia, for eviction of the defendant-petitioner from the suit premises and recovery of possession thereof which has been concurrently decreed by the Courts below. A Single Judge..Category: Property Law | Date: | Hits: 69
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....iction to hear and determine Marine accident for damages over Inland Water Ways in the province which is similar to that of the Court of Admiralty in England. 11. Thus we have no doubt in holding that the Admiralty Court has jurisdiction to entertain the suit and the suit is thus maint......a criminal court and it can award compensation. An order of the Marine Court to pay compensation shall have the effect of a Civil Court decree and sub-section (3) of section 52 speaks that it is recoverable as if it is a decree of a Civil Court. There is nothing in the Shipping Ordinance, 1976 s..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....ppellate Court set aside the judgment of dismissal and decreed the suit reversing the findings of the trial Court. 6. In revision the learned Single Judge of the High Court Division, while holding that the suit was not barred by limitation, came to the findings that the evidence led in t......recorded in their names though they have no right, title and interest. The plaintiff brought Misc. case in the Court of Subordinate Judge for correcting the record of rights. The plaintiff has discovered a pillar from beneath the earth in which his name is engraved. This establishes the title of..Category: Property Law | Date: | Hits: 65
Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)
....ndent and instituted Tide Suit No. 44 of 1990 in the Court of Subordinate Judge, Moulvi Bazar for declaration that the certificate case was null and void, etc. The said suit was decreed on 31-3-94 holding that the dues of the respondent Bank was in serious dispute. The respondent, in the meantim...... an ex parte hearing. That part of the order imposing cost is set aside. The petition, however, is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 51. ..Category: Business or Commercial Law | Date: | Hits: 106
Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)
....hers. Respondent Nos. 3 and 4 are the son and wife respectively of respondent No.2 and respondent No.6 is the wife of respondent No.5. Out of 11,000 total shares of the company the petitioners were holding 1,000 shares each and the rest 9,000 shares are held by the remaining five directors. At a......d application. They alleged that the petitioners and respondent Nos. 2-6 formed a private limited company under the name and style of Madina Vegetable and Oil Refinery Industries (Pvt) Ltd. taking over the business, assets and liabilities of Madina Vegetable, & Oil Refinery Industries, a pro..Category: Business or Commercial Law | Date: | Hits: 100
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
.... Secondly, the High Court Division, having itself come to the conclusion that the determination of the genuineness of those annexures are not permissible in a writ petition erred in law in not holding that the writ petition was not maintainable; Thirdly, the writ petitioner havin......not maintainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer for recovery of possession, when, admittedly, the writ petitioner was not in possession thereof. Such a d..Category: Property Law | Date: | Hits: 48
Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)
....and not a monthly tenant in respect of the disputed stalls and, as such, the impugned orders have been issued lawfully. 5. The learned Judges of the High Court Division discharged the Rule holding, inter alia, that the petitioner was never a tenant under the Government and he was a licen......ur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Habibur Rahman (Md.).……… …... Petitioner vs. Government of Bangladesh and ors…………… Respondents Judgment ..Category: Constitutional Law | Date: | Hits: 158
Governing Body of Kapilmuni College Vs. Sheikh Roushan Ali & Others, 1997, 26 CLC (AD)
....escinded by the Board itself in exercise of its authority under the Regulations, but the learned Judges of the High Court Division upon misconstruction of the said Regulation 12 fell into an error in holding that the writ petitioner was dismissed from service in violation of the said Regulation. ...... This Case is also Reported in: 51 DLR (AD) (1999) 31...Category: Employment/Service Law | Date: | Hits: 79
Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
.... positive threat of dispossession from the suit land by any means, the plaintiff had definite cause of action to file the suit for permanent injunction. The learned single judge was not correct in holding that there was no continuing threat to file the suit………(9) ......revisional rent roll operation the suit jote was also recorded in the names of the defendants and the paddy rent has been commuted into money rent of Rs 3/55 and they paid rents of the jote to the Government. Defendant No.1 transferred more than 10 bighas of land in violation of Ordinance No.XXXI..Category: Property Law | Date: | Hits: 52
Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)
....nstead of forcing her to go through a second trial. 12. We find considerable substance in the submission of the learned Advocate. The learned Judge of the High Court Division was right in holding that the (Bishesh Bidhan) Adalat under the aforesaid Ain of 1995 could not try an offence u......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed. This Case is also Reported in: 51 DLR (AD) (1999)18. ..Category: Criminal Law | Date: | Hits: 83
Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)
....h Court Division upon considering the said affidavit and hearing the appellant’s Advocate in an equally rambling and untidy judgment convicted and sentenced the appellant as already noticed, holding in the end of the judgment: So, the reporting by the contemner about the loca......peal, Misc. Appeal No. 76 of 1994, against the said order of conviction and sentence was pending at that time. 3. Copies of the aforesaid memo were sent to various other authorities of the Government and also to the Registrar of the Supreme Court with request to bring it to the notice of ..Category: Criminal Law | Date: | Hits: 70
Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)
.... Md. Abdul Jail, J found as follows: The ground is that on 10-12-90 the detenu in an interview with the BBC correspondence stated that he would start election campaign by holding a meeting of his party on 16-12-90 or on a near about date and he had nothing to repent or ...... recedes to the background so long as the Constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the state and the government knows best how to preserve them, but the courts concern in a case of preventive detention..Category: Constitutional Law | Date: | Hits: 191
Bangladesh Vs. Shirely Anny Ansari, 2000, 29 CLC (AD)
.... it has a presumptive value as regards its genuineness which has escaped the notice of the Court of Settlement. The Attorney-General further submits that the High Court Division committed wrong in holding that the production of the certified copy of the registered deed of gift instead of the ori...... accepted by the latter. Mere recital of delivery of possession in the deed is not sufficient. There must be something to indicate acceptance of the gift and such acceptance may be signified by an overt act such as actual delivery of possession or such an act by the donee as would in law amount ..Category: Property Law | Date: | Hits: 64
Jamir Ali (Md) and others Vs. Secretary, Ministry of Land & others, 2000, 29 CLC (AD)
....1982 Ordinance. 6. For the aforesaid reasons we do not find any merit in the submissions of Mr. Khandker Mahbubuddin Ahmed that the High Court Division instructed committed error of law in holding that section 12 of 1982 Ordinance does not apply to the land requisitioned under section 93......& 93A The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), section 12 Non-payment of compensation within one year from the date of decision of the Government for acquisition of land as contemplated under section 12 of the Ordinance does not rende..Category: Property Law | Date: | Hits: 94
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