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Md. Abdul Ali Bhuiyan Vs. Jahura Khatun and Others, 2006, 35 CLC (AD)
....uit and filed written statement contending inter alia that her sister the defendant No.3, on receipt of Tk.1000/- and 20 decimals of land, relinquished her share in the suit land in his favour by a registered Deed of Relinquishment; similarly his sister, the plaintiff No.1, and his another siste......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ......s any instance of misreading and non-reading. So the concurrent findings of fact arrived at by the courts below can not be disturbed. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Firozul Islam and others Vs. Md. Helalul Islam and others, 2006, 35 CLC (AD)
....s there was a deed of partition amongst them and accordingly the plaintiff (a pardanashin lady) was taken to the Sub-registrar's office and a deed purported to be deed of partition was executed and registered by the plaintiff on 26.05.1988 but the defendant on 24.07.1995 asked the plaintiff to g......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ......he submissions made on behalf of the petitioner, therefore, having no leg to stand the leave petition is without any substance. 7. The leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....y the suit was decreed ex parte. The defendant filed petition under Order 9, Rule 13 of the Code of Civil Procedure seeking setting aside of the ex parte decree and thereupon a Miscellaneous Case was registered. The said Miscellaneous case upon contested hearing was dismissed. Thereupon the instant ...... the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......he background of the discussion made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ..Category: Property Law | Date: | Hits: 38
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......Code. 4. Dr. Rafiqur Rahman, the learned Counsel, appearing for the petitioner, contended that the learned Judges of the High Court Division having gone through the first information report, post mortem report, charge-sheet and the deposition of the witnesses and having not considered tho......;……………………..Respondent Judgment May 11, 2005. Case Referred To- Abdul Kader Chowdhury and others vs State 28 DLR (AD) 38. Lawyers Involved: Rafiqur Rahman, Senior Advocate,(AKM Zahirul Hoque, Advocat..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ......r 16th December, 1971. 4. The respondent was also inducted in the Senior Service Pool as Deputy Secretary and the requirement of 10 years service as a Class One Officer for promotion to the post of Deputy Secretary as envisaged in Article 4(c) of the Senior Service Pool Order, 1979 was wa......t aside and we set aside the impugned judgment of the High Court Division. In the result, the appeal is allowed with observation made hereinabove. No order is made as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....aint is fraudulent; forged, fabricated, void, collusive and not binding on the plaintiff. 2. The plaintiff (since deceased) was the maternal grandmother of the defendant and she executed and registered 2 (two) Heba-bil-ewaz deeds on the date as mentioned hereinbefore in favour of the......the suit. 20. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ...... vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1 = 1979 BSCR 375; Rokeya Khatun vs Alijan @ Alijan Bepari and others 34 DLR (AD) 266; Harmes a..Category: Property Law | Date: | Hits: 30
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....dy, but not by a mechanical unit system. The Fortson-Gray theory developed above would permit multi-stage representative selection of delegates to the national conventions. A majority of the registered voters in a particular area—a country, for example—could constitutionally elect a d...... that in view of the socioeconomic background of our society as the women are lagging behind in all spheres of national life including administration at all levels for good reasons our Constitution postulates in Article 10 that steps shall be taken to ensure participation of women in all sphere of......abinet Division & others .........Respondents Judgment July 19, 2005. Result: The petitions are dismissed. Cases Referred to- Dr Ahmed Hossain vs Bangladesh and others 44 DLR (AD) 109; Smt. Indira Gandhi vs Raj Narayan AIR 1975 SC 2275; Jibendra Kishora vs Province of East Pa..Category: Constitutional Law | Date: | Hits: 221
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....mganj for trial and while the case was preceding the Government by notification under section 6 of Druto Bichar Tribunal Ain, 2000 transferred the case to Druto Bichar Tribunal, Sylhet wherein it was registered as Druto Bichar Tribunal Case No. 4 of 2003. Prosecution examined 36 witnesses while none......e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ...... is liable to be set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ..Category: Criminal Law | Date: | Hits: 184
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......oner as Senior Manager-in-Charge. By Memo dated 10-11-1986 of Chief Martial Law Administrator's office, the petitioner was retired from Bangladesh Army with direction to reappoint him in the civil post held by him as a permanent incumbent. By memo dated 6-6-1987, the petitioner was absorbed as M......sp; August 17, 2003. Cases Referred To- Mosharraf Hossain Chowdhury vs General Manager, Titas Gas Transmission and Distribution Co Ltd and another 1981 BLD (AD) 61 = 33 DLR (AD) 186; Bangladesh Biman Corporation vs Government of Bangladesh and others, 2000..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....gladesh having his temporary residence in UK and he having attained the age of eighteen years and not having been declared by a competent Court to be of unsound mind is entitled to be registered as a voter pursuant to Article 122 of the Constitution and the provision of section 8 o......of existing voter list is also seen from the provision of section 11A of the Ordinance and the Rules 22, 23 and 26. In fine, I am of the view, the Ordinance and the Rules framed under the Ordinance postulate continuation of existing electoral roll with necessary additions, deletions, revision, m......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ..Category: Election Law | Date: | Hits: 159
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....l Court No. 2, Dhaka in Title Suit No. 68 of 1989 decreeing the suit. 3. The petitioner as the plaintiff filed the suit stating, inter alia, that the petitioner is a private limited company registered with the Registrar, Joint Stock Companies, Bangladesh on 8-9-1976. The defendant No. 5 p...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....Petition No. 3 of 1989 is disposed of in terms of this Order. 6. There will be no order as to costs. Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......moned the elected representatives of the people to meet on 3rd March, 1971 for the purpose of framing a Constitution, And Whereas the Assembly so summoned was arbitrarily and illegally postponed for indefinite period, And Whereas the Pakistan Government by levying an unjust ...... Cases Referred To- 34 DLR 225; 37 DLR 7; 20 DLR (SC) 322; 7 DLR 552 Eklas vs. Crown; 17 DLR (SC) 74 National Bank of Pakistan vs. Ataul Hoque; 25 DLR 236, 344 A. T. Mridha's case; 38 DLR (AD) 38 Abdus Sattar vs. Stole; 7 DLR (FC) 291 Federation of Pak vs. Tamijuddin Khan; 7 DLR (FC); 9 D..Category: Constitutional Law | Date: | Hits: 1934
Abul Kashem and others Vs. State, 1989, 18 CLC (AD)
....nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......nce is set aside. They are acquitted and it is directed that they be set at liberty at once, if not wanted in connection with any other case. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 152......e same hut of P.W.2 in which the murder was committed belonged to one Nalini but he is not a witness in this case. Around this hut are the houses of Madhu Chamar and his brother, Chinta Haran, and a BADC store; but none from these houses were cited as witnesses. Those who have been examined in this ..Category: Criminal Law | Date: | Hits: 57
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....gonj. His elder son, Bazlur Rahman, the deceased, lost his life in that incident. 4. Bazlur Rahman had purchased, along with P.W.3 Abu Taher, a land measuring 120 decimals from one Ramlal Das by a registered kabala in the month of Poush, 1368 B.S. corresponding to January 1980 AD. He claimed to......and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147...... 4. Bazlur Rahman had purchased, along with P.W.3 Abu Taher, a land measuring 120 decimals from one Ramlal Das by a registered kabala in the month of Poush, 1368 B.S. corresponding to January 1980 AD. He claimed to have grown Irri paddy therein; but on the dale of occurrence, 3 Baishak 1387 B.S. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....or such loan at 5% per annum. The appellant-corporation sanctioned loan of Tk. 6,30,000.00 to each of the respondents provided as security of loan, mortgage deeds in prescribed form were executed and registered before obtaining payment. In the sanction letters interest was mentioned as 5% per annu......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ......sue is clinched here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....etely in 1338 B.S. in river Arial Kha. The suit land, however, re-appeared in 1352 B.S. and on 3rd Baisakh 1354 Plaintiff look Karsha settlement of the same by executing a Kabuliyat Ext.1 which was registered. The plaintiff possessed the suit land, paid rent but it again went under water in 1362......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ....... However it is upon the government to consider granting of settlement of such land with sympathy to such persons……………..…(5 & 7) Case Referred To- A. Mannan vs. Kulada Ranjan 31 DLR (AD) 195. Lawyers Involved: Dr. Kamal Hossain, Senior Advocate, instructed by Kazi Shahabuddin..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....ated 1.9.78 the appellant has become a tenant by holding over, relied upon a number of decisions including some decisions from the Indian jurisdiction. In some of these cases tenancy was created by registered instruments and in some cases by unregistered instruments; and some of them were created ......y month is to be paid by the 15th of the month next following the month for which rent is due; accordingly she offered the rent of January which was refused by the respondent whereupon she sent it by postal Money Order dated 8 February 1984 and when it was returned as "refused" on 29 February 1984, ......onditions for a fresh tenancy the appellant is entitled to the benefit of s. 18(5) of the Ordinance……….(11) Cases Referred to- Prafullah Kumar Chakraborty v. Anil Prosad Chowdhury, 33 DLR (AD) 55., Abu Leyes v. Anwara Khalun, 29 DLR, SC 13 and Ramjan Ali v. Hedayatullah, 31 DLR (AD) 183, ..Category: Property Law | Date: | Hits: 45
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......ly, as RAZUK) filed the Writ Petition challenging the order dated 16.4.85 passed by the Chairman, D.I.T. (Respondent No. 1) promoting the respondent No.2, another Assistant Engineer (Civil), to the post of Executive Engineer (Civil) which fell vacant. The appellant, inter alia, alleged in his Writ...... been made illegally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....disputed before us that the suit for permanent injunction has already been decreed. 11. Both the parties are claiming title and possession to the disputed holding on the basis of purchase by registered documents. Both the sides adduced oral evidence in respect of their possession and the ......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......result, therefore, the appeal is allowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
Abdul Hakim @ Lokman Hakim Vs. State, 1989, 18 CLC (AD)
....ission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126......on changed the conviction to one under sections 394 and 304 Part I, but maintained the sentence. 2. The prosecution case in brief is that on 3rd September, 1979 Nowab Ali, an Ansar, was on duty at post No.1 in Joypurhat Electric Supply Centre. He had a rifle with five rounds of bullets in its mag......ty in the commission of the offence alleged. 10. In the result, the appeal is dismissed. The judgment and order of the High Court Division are affirmed. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 126..Category: Criminal Law | Date: | Hits: 61
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