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Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
.... charge. The defence of the accused, lessee Rash Mohan Adhikari, was that he did not know how his lease-deed was interpolated in the office of the District Fishery Officer, nor did he claim the disputed fishery—Bhajandhi to Nilakhi—on the basis of the lease-deed, but he claimed it under a ......ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ..Category: Criminal Law | Date: | Hits: 45
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......gment and order of High Court Division in Income Tax Reference Application Nos. 8 and 9 of 1988. 2. Leave was granted to consider the question whether the High Court Division has erred in law in holding that once an income (such as the salary of the Judge in the instant case) was taken out from..Category: Fiscal/Taxation Law | Date: | Hits: 111
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....he defendant-respondents, went to Kachar following crackdown of Pak Army in 1971. The appellant also made good his escape to Tripura in 1971. In January, 1972 the appellant came back and occupied the disputed homestead where he is living now with his family members. The R.S. Khatian has been wrongly......m for eviction as trespassers. The protection of section 88 is not available to the appellant because on the date of coming into force of the Non- Agricultural Tenancy Act, 1949 the appellant was not holding any land as a tenant. Nor is the benefit of section 7(2) available to the appellant because ..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and Others, 1989, 18 CLC (AD)
....1989. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disputed by some candidates. Election Commission’s approval or concurrence is necessary for fresh ...... available by way of election petition before the Tribunal. In the circumstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..Category: Election Law | Date: | Hits: 152
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....Kha' and 'Ga' schedule was never acted upon, nor it was treated as a deed of transfer by any of the parties to the deed, that Izzatullah Chowdhury during his life time was in possession of all the disputed property through bargaders, that plaintiff No.2 while staying in the house of Izzatullah C.......1, the trial Court should have held that Ext.1 is a valid document and the same was duly acted upon, that the trial Court upon taking into consideration transaction made by Ext. A was in error in holding that Ext.1 was not a bonafide deed of transfer and that it was not acted upon, that taking ..Category: Property Law | Date: | Hits: 67
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ...... accused and being aggrieved the accused respondent filed the above Criminal Appeal No. 1519 of 1994 and the High Court Division by the impugned judgment and order dated 5.5.2003 allowed the appeal holding that in the instant case the trial held under the Ordinance 1983 by the learned Special Tr..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ...... question raised by the petitioner is not a question which can be decided by the High Court Division acting as a court taking upon contempt matters and the High court Division also erred in law in holding that there is confusion about the legal position of final assessment to arrive at. 4..Category: Property Law | Date: | Hits: 33
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....e District Judge, Barguna and operation of the judgment and decree was stayed on7.8.2003, in the meantime the second party threatened the first party and tried to reap away the paddy from the disputed which created ah apprehension for peace and hence the first party initiated the proce......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 70
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....l Metropolitan Sessions Judge for appointment of a non interested third party as the Receiver and further directing the officer-in-charge of Dhanmondi Police Station to continue as Receiver of the disputed property. Hence is this petition. 6. In support of the petition Mr. Mahbubey Alam,&......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Procedural Law | Date: | Hits: 154
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......lder in terms of Section 33(5) of the Artha Rin Adalat Ain, 2003 which was not followed in the case of the petitioner. 3. He further submits that the High Court Division erred in law in holding that the Artha Rin Adalat can shift dates for selling the property, inasmuch as the Ar..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
....he appeal the plaintiff came up with an application before the Revenue Authority for paying the salami and the rent and his prayer was allowed. Accordingly he paid the salami and rent for the disputed land till 1388 B.S. Defendant No. 6 once again filed an application for confirming th......rs dated 21 October 1979 and 22 May 1982 were illegal. Consequently he decreed the suit. 5. Defendant No.6 preferred an appeal and the appellate court set aside the decree of the trial court holding that the plaintiff acquired no title to the disputed land on the basis of his unconcluded ..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... not legal in the background of the materials on record and that the appellate Court was not in error in reversing the finding of the trial Court in that respect, that appellate Court was in error in holding that the plaintiffs are not in possession of the land over 60 years since Ext.1 clearly show..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....iff, filed the above Title Suit No. 100 of 1989 on 16.8.1989 for declaration of title and khas possession stating, inter alia, that his father late Mandar Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died le......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ..Category: Property Law | Date: | Hits: 28
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ...... and the learned Subordinate Judge (Arbitration), 4th Court, Dhaka, who heard the appeal, by his judgment and decree dated 13.5.1989 reversed the decision of the trial Court and dismissed the suit holding, inter, alia, that the plaintiff failed to prove his case and the suit is not also maintain..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ion. 23. Mr. Shamsuddin Babul, the learned Advocate appearing for the petitioner in Civil Petition No. 163 of 2004 submitted that the High Court Division committed error in law in deciding highly disputed question of facts without examining any witnesses of either parties but simply basing upon ......3 (three) directors position of the respondent No.1 Company against their contribution of Tk. 5,00,22,000.00 (Taka Five crore and twenty two thousand) and damage and compensation for the delay in withholding of huge amount of investment. That for the sake of law, equity and justice, it is necessary ..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....gorically challenged the papers and documents relied upon by the writ petitioners to be collusive and false and as such the High Court Division has erred in accepting those documents and deciding the disputed questions of fact in the writ jurisdiction and the submission that the High Court Division ......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....e created a sale deed bearing No.5971 dated 30.12.1978 in his favour by forging signature of Pramila Sundari it was wrongly held to be proved without examining the signature of the executant in the disputed sale deed with that of the sale deed of the informant or with the admitted signature of P......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......sel appearing for the petitioner submits that the mode of obtaining and procurement of cheque not being the requirement of law, the High Court Division acted illegally in making the Rule absolute holding that 'we are constrained to hold the view that the cheque which was returned with the remark..Category: Criminal Law | Date: | Hits: 50
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....el for the appellants and Mr. Khandker Mahbubuddin Ahmed, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the writ petitioner joined the service of the BSC as Probation Officer in 1979 &...... the question of continuation of the delegation of power made in 1974 or application of section 24 of the General Clauses Act did not arise and as such the High Court Division committed no error in holding that there was no delegation of power under the Service Regulations, 1997. He next submitt..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ......sp; filed aforesaid Civil Revision Nos. 6923 & 6922 of 1991 in the High Court Division obtained the Rules but after hearing the High Court Division discharged the Rules holding that the only point for determination was whether the oral gift was a genuine one and that ..Category: Property Law | Date: | Hits: 27
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