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Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....94, wherein it has been held that: "Possession under a mistake or invalid title is as effective as that of a trespasser, and, if sufficient in the length of time and continuity, gives the holder a good title. Under Article 14 of the Limitation Act time begins to run against the rightful owner ...... are being possessed by themselves. But as the ejmali possession of the suit‑land has been fraught with inconvenience and as the share of the defendant Nos. 5 and 6 has been wrongly and collusively recorded in their names, the plaintiff has been constrained to institute the present suit for declar......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492...Category: Property Law | Date: | Hits: 71
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......within the statutory period from the date of their knowledge. This application under Order 9 rule 13 of the Code of Civil Procedure was registered as Miscellaneous Case No. 61 of 1987. 4. From the records it appears that the notices were served upon the opposite parties about the aforesaid miscel......summons for appearance of the substituted defendants. On 30.9.86 an order was passed fixing 29.1.87 for ex parte hearing. Process server has written names of two persons showing them as witnesses for service of summons. But the alleged two witnesses did not put their signatures on the summons. No su..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....fact has not been controverted by anybody from the side of the prosecution. 14. From the facts and circumstances stated above and the law relating to the quashment, we are satisfied that there are good grounds for quashing thee criminal proceeding pending against the accused petitioner to prevent......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......nk accused Keramat Ali under whose instruction he paid various amounts to his favoured parties having no credit balance in their accounts, accepting cheques from them without entering the same in the records causing regular cash shortage in the bank. On 18.3.96 audit party was scheduled to come to t......by the Managing Director of the Bank into the said matter of shortage of cash. No fault of other co‑accused bank officers was found in the said enquiry. So those accused officers were reinstated in service. Thereafter Karamat Ali was promoted and Matlubul Alam and Mansuruddin were granted incremen..Category: Criminal Law | Date: | Hits: 91
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....ecognised by the defendant Government. So it has been rightly held by the learned Court below that the defendant cannot evict plaintiffs from the suit land except through due process of law. It is no good saying for the appellant that better lands and better accommodation have been provided elsewher......eza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the forcible eviction of the petitioners from 0.29 acres of land recorded in SA Khatian Nos. 1913, 1992, 1924, 1952, 1991 and 1912 corresponding to new RS Khatian ......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
.... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......lector and was granted Senior Scale on 15.07.1981; that on 04.02.1982 he joined on promotion as Additional Deputy Commissioner. By an order dated 22.05.1983, however, he was compulsorily retired from service under Martial Law Order No.9; that in view of the representation made by him from time to ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....ered by the expression "Other cause beyond his control," used in section 6 of the Act. In this context, it is pertinent to observe, keeping in view the scheme of the law, which is enacted to create a good relation between the employees and the employer and to secure their respective rights, that the......urther case of the petitioner's was that after the judgment and order was passed it applied on 15.9.1985 for time to obtain stay order from the High Court but Respondent 1 passed an order that as the record was in Rajshahi the application was to be put up on return from Bogra. Thereafter, on Septemb......inancial crisis was unable to pay the salaries and wages of its workers and was compelled to serve lay‑off notices on January 10, 1985 to 473 workers and employees. It further alleged that prior to service of the said notices the petitioner 2 had to sign an agreement for payment of 30% house allow..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......ply to the same. Thus apparently Tk. 2103,41,456.00 of the Original Side of this Court was also dishonestly misappropriated by the Managing Director and his associates as bankers. This is a matter on record in this Court. 9. In the daily newspaper, namely, the "Morning Sun" dated April 29, 1992 a...... as an officer Grade‑III in the year 1966, continued to serve in the Janata Bank till 25.4.83 and was lastly posted as Manager (Senior Principal Officer) in Grade‑I in Dhaka. He resigned from the service of the said nationalised bank and joined the National Bank Limited (a private bank) on 26.4...Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......e respondent led oral and documentary evidence in support of his case. Appellant Bangladesh led documentary evidence but did not examine any witness. On consideration of the evidence and materials on record the arbitrator by the impugned award assessed in all Tk. 33,63,958.22 as compensation. 4. ......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....scrutinised for a final decision as to acceptance or rejection of the nomination paper, he could not be said to be a defaulter and therefore, the acceptance of the nomination paper after scrutiny was good in law and there is nothing for this Court to interfere with at this stage and if the election ......on should not be jeopardised or postponed for any minor irregularities made in the process which can be cured but when there is a flagrant violation of the law and the Constitution on the face of the record allowing a disqualified person to be a candidate or for example allowing an under‑aged or a......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ......d in a court of law and the Administrator pursuant to the decree of the Court cancelled the enrolment of the property as waqf property. But after cancellation of the enrolment we do not find from the record that the said property of Abdur Rahim has ever been enrolled as waqf with the Administrator o......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ..Category: Trust/Waqf Law | Date: | Hits: 183
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....decay. We have no hesitation to hold that the salt and molasses in the instant case are not subject to speedy or natural decay. On that count the direction of the learned Sessions Judge to sell those goods cannot stand in law. In order to attract the provisions of section 516A Cr.P.C. the Court must......an moved the Sessions Judge in revision case No.83 of 1987 challenging the propriety of the order of the learned Magistrate. The learned Sessions Judge, however, having had considered the evidence on record modified the order passed by the learned Magistrate and directed the sale of molasses and the......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ..Category: Criminal Law | Date: | Hits: 64
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
.... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......ed 9.5.90 was approved on 2.11.91 by CLAC. It appears from letter dated 21.11.91 sent by the respondent No.3 to the respondent No.2 that decision in the CLAC meeting held on 2.11.91 was not correctly recorded and in place of 4.67 acres of private land it will be 4.66 acres and total land will be 6.3......id Ordinance but the petitioner No.1 of W.P. 2554/92 filed a petition on 22.1.92 in response to notice dated 19.2.91 under section 6 of the Ordinance claiming compensation for the acquired land after service of notice under sections 3 and 6 of the said Ordinance correctly and according to law correc..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
.... us had the occasion to see and hear her in an atmosphere free from all external influence and pressure. We found her both physically and mentally developed and quite capable of understanding what is good and bad for her being conversant with worldly affairs. She expressed her strong determination n......5. The police arrested the father of the accused Fakhrul Islam and then remanded him to custody. On the same day the victim girl having been recovered was produced by the police and her statement was recorded by Mr. Shawkat Ali, Magistrate under section 164 Cr.P.C. The victim girl was, however, exam......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....er Article 36 of the Constitution. In order to appreciate this point it would be convenient to go into the facts and into the various legal expressions as are found in the Labour laws which are quite good in number both in this country and in countries of the sub‑continent in order to find out the......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......informal groups such as Palli Biddut Samities, electric and other co-operatives societies, associations and companies for the purpose of execution and management of the scheme and providing related services, to make offer from the Bangladesh Power Development Board and other organisations electric..Category: Labour and Industrial Law | Date: | Hits: 204
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......spondent is totally as one of innocence. The prosecution in support of its case has examined 9 witnesses but the defence examined none. The learned Sessions Judge on assessment of the evidence on record found the accused-respondent guilty of the charges and sentenced him to imprisonment for life...... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......1995. 3. Prosecution in support of its case has examined 16 witnesses and tendered one witness but the defence examined none. The learned Additional Sessions Judge on assessment of the evidence on record found the petitioners and two others guilty under sections 302/149 of the Penal Code and sent......eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264...Category: Criminal Law | Date: | Hits: 71
Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)
....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......tion and sentence and acquitted the respondents. 3. The learned Deputy Attorney General appearing on behalf of the State submitted that the High Court Division without discussing the evidence on record as required under law in a very slip shod manner set aside the order of conviction and senten......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261...Category: Criminal Law | Date: | Hits: 48
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ..Category: Criminal Law | Date: | Hits: 50
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ....... He lastly argues that the High Court Division has failed to appreciate that no fruitful purpose would be served if the petitioners are put on trial since FIR, police report and other materials on record do not disclose any complicity of the petitioners in the alleged occurrence and that on consi......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..Category: Criminal Law | Date: | Hits: 81
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