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Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....ce about his illness and after recovery he attended office on 15-7-87 and submitted petition for leave supported by medical certificate and then on 26-7-87, receiving the information that following land dispute his wife was attacked and injured by miscreants, he on verbal permission from his offi.......Respondent Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation of the mandatory provision of law..................Respondent Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation of the mandatory provis......ul Kabir ........................Respondent Judgment April 10th, 2005. The Government Servant (Discipline and Appeal) Rules, 1985 Appointment of an Inquiry Officer before being satisfied that there was good ground for proceeding against the accused is a violation of..Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
.... death to imprisonment for life. 2. Facts revealed in the leave petition, in short, are that on 21-9-1990 Abdul Aziz, brother of Abdul Kader Mridha, PW 1 and his son Hanif went to cultivate their land while co-accused Mokbul Mridha and others forcibly entered into the land of Plot No. 216 with t......e. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......Result: The criminal petition is dismissed. The Penal Code, 1860 (XLV of 1860), sections 197 & 302 The Code of Criminal Procedure, 1898 (V of 1898), section 197. In view of the fact that the evidence on record leads to the irresistible conclusion that the offence alleged against the...... petition is dismissed. The Penal Code, 1860 (XLV of 1860), sections 197 & 302 The Code of Criminal Procedure, 1898 (V of 1898), section 197. In view of the fact that the evidence on record leads to the irresistible conclusion that the offence alleged against the petitioners has not be..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....oreganj is null and void, illegal and not binding upon the plaintiffs and also for permanent injunction against the petitioner and defendant-respondent Nos. 14-17 stating, inter alia, that the suit land appertaining to Mouza Majlishpur under Police Station Bajitpur, Kishoreganj under Khatian No. ......Counsel for the petitioner. The petition is dismissed. Ed. ...... 5-1-1995 of the Assistant Judge, Bajitpur, Kishoregonj in Other Class Suit No. 88 of 1986 decreeing the suit. 2. The plaintiff filed the suit in representative capacity for a declaration that the NOC being No. 233/7 dated 25-3-1986 issued by the Deputy Commissioner, Kishoreganj is null......ourt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs..Category: Property Law | Date: | Hits: 69
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ring Nos. 3575, 3576 and 3577, all dated 7 February, 1981, were registered on 10 February, 1981, in the Mymensingh Sub‑Registrar's Office. By these three Sale-deeds, an area of 16.57 acres of land belonging to and in possession of the complainant and his three co-sharers, all residing .........................Respondents Judgment June 24th, 1992. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, (Gour Gopal Saha, Advocate with him) instructed by A Basel Majumder, Advocate-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructe......al by mistake. 2. The case arose from a complaint petition (Ext. 1) filed before the Sub-Divisional Magistrate, Mymensingh Sadar, by the complainant PW 1 Nagendra Chandra Mondal. He alleged that the accused-respondents (Nos. 1 to 10) had forged three Sale-deeds in which he (complainant) an...... Complainant-Appellant Vs. Aftabuddin and others........................Respondents Judgment June 24th, 1992. Lawyers Involved: Shaukat Ali Khan, Senior Advocate, (Gour Gopal Saha, Advocate with him) instructed by A Basel Majumder, Advocate-on-Recor..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....ew extensive reference have been made to the historical development of local government institutions in our country as well as in some other highly developed democracies of the world, particularly England, USA and France. 10. Local government institutions, particularly in urban areas in our c......hrough the Secretary, Ministry of Local Government, Rural Development & Co-operative, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC......nged the constitutional validity of the Bangladesh Local Government (Upazila Parishad and Upazila Administration Re‑organization) (Repeal) Ordinance, 1991‑Ordinance No. 37 of 1991, on the ground that this Ordinance is inconsistent with Articles 9, 11, 59 and 60 of the Constitution and as such it......In all the Cases) Judgment July 30, 1992. Cases Referred to- Keshavanda Bharati (AIR 1973 SC 1461) and Deepchand vs. State of Uttar Pradesh (AIR 1959 SC 664); Comptroller and Auditor General vs. Jagannath, AIR 1987 (SC) 537, Mukesh vs. State of Madhyapradesh, AIR 1985 (SC) 1363; ..Category: Constitutional Law | Date: | Hits: 655
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....lf: "Mr. Rahimullah Chowdhury and another filed a suit on June 10, 1952 in the Subordinate Judge, 3rd Court, Dhaka for declaration of the title and khas possession of their lands measuring 1.72 acres in the Kakrail area of Dhaka city against two persons, namely, Awlad ..............................Appellant Vs. The State............................................Respondent Judgment July 23rd, 1992 Cases Referred to- Andre Paul Terence Ambard Tobago Vs. The Attorney‑General of ......of the title and khas possession of their lands measuring 1.72 acres in the Kakrail area of Dhaka city against two persons, namely, Awlad Hossain and Fazlul Karim on the allegation, inter alia that the defendants had illegally occupied the lands of the plaintiffs. After their death they were......te............................................Respondent Judgment July 23rd, 1992 Cases Referred to- Andre Paul Terence Ambard Tobago Vs. The Attorney‑General of Trinidad AIR 1936 (PC) 141; MA Awal Vs. Ehtesham Hyder, 28 DLR (HD) 285; Ilk..Category: Criminal Law | Date: | Hits: 141
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
....b (Kata Pahar) Sarak. The estimated cost was Tk. 75 lakhs. All the items of work mentioned therein contained unit rate except item No. 1 which was as follows: "Earth work in cutting in all lands of soil/stone if any from hill tracts for establishing the road and arranging drainage facili......ahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on -Record- For the Respondent. Civil Appeal No. 49 of 1991. (From the Judgment and Order dated 13.1.91 passed by the High Court Division in FMA No. 261 of 1990) Judgment Mustafa Kamal J......he impugned award. The awardee has preferred this appeal by leave therefrom. 2. Leave was granted to consider the appellant's submission as to whether the High Court Division erred in holding that the Arbitrator misconducted himself in considering the proceedings of the 87th meeting of the Pl......rar, University of Chittagong ..................Respondent Judgment August 9, 1992. Result: The appeal is allowed in part. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam and Zakir Ahmed, Advocates with him) instructed by Md. Aftab Hossain, Ad..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
.... and will be disposed of by this common judgment. 2. Pursuant to his application dated 21.9.77 respondent No. 4 Md. Abdul Matin was given a provisional allotment of more or less 10 kathas of land at Gulshan Model Town, Dhaka by the then Dhaka Improvement Trust, DIT, now Rajdhani Unnayan Ka......ust 30th, 1992 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by M Nawab Ali, Advocate-on-Record - For the Appellant in both the cases. A J Mohammad Ali, Advocate instructed by Md. SaJadul Huq, Advocate-on-Record - For re...... Dhaka by the then Dhaka Improvement Trust, DIT, now Rajdhani Unnayan Kartripakha, shortly RAJUK on 25.4.79. On required by the then DIT respondent No. 4 submitted an affidavit on 30.4.79 stating that he did not possess any residential house or land in his name or in the name of his wife, childr......jdhani Unnayan Kartripakha and another .....................Respondents [In both the appeals] Judgment August 30th, 1992 Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate (Mahmudul Islam, Advocate with him) instructed by M Nawab Ali, Advocate-on-Record - For..Category: Property Law | Date: | Hits: 110
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
.... 2. Pre‑emptor's case is that he is a co‑sharer in the jama by purchase from one Mohendra Nath Mondal by kabala dated 28.11.62. Respondent No. 2 Swapan Kumar Dafadar purchased some land from said Mohendra by kabala dated 13.4.62. This respondent No. 2 purchased the land in his o......Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and ot......hich in turn set aside the judgment of the trial Court arising out of a pre‑emption proceeding under section 96 of the State Acquisition and Tenancy Act. 2. Pre‑emptor's case is that he is a co‑sharer in the jama by purchase from one Mohendra Nath Mondal by kabala dated ...... (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and others…………..Category: Property Law | Date: | Hits: 106
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
.... predecessor of the appellants instituted Title Suit No. 41 of 1980, on transfer renumbered as Title Suit No. 629 of 1985 of the Court of Subordinate Judge, Sunamganj, for a declaration that the suit land was not an enemy property and for permanent injunction against the defendants. During the pende......1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ................Defendant-Respondents Judgment April 12, 1992. Result: The appeal is allowed. A court may, however, add a party even at the revision stage in a proper case and the minimum that is required to be found in such a case is that the presence of such a party is necessary within ...... even at the revision stage in a proper case and the minimum that is required to be found in such a case is that the presence of such a party is necessary within the meaning of Order 1 rule 10(2) CPC or for the ends of justice............(8) Lawyers Involved: TH Khan, Senior Advocate, (SK Sinh..Category: Property Law | Date: | Hits: 67
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....e appellants (second wife and daughters of Shamsu Mia Chowdhury) and Abdul Muktadir Chowdhury (another son of Shamsu Mia Chowdhury by appellant No. 1 who died subsequently) by which they assigned the land under the decree to the appellants retaining other portion to themselves. After the disposal of......e is also Reported in: ...... in Civil Revision No. 104 of 1989 making the Rule absolute and directing to proceed with the execution case in accordance with law. 2. The material facts relevant for disposal of this appeal are that appellants and the respondent are the heirs of one Shamsu Mia Chowdhury who brought a partition ......r.........................Appellant Vs. Abdul Mutakabbir Chowdhury alias Sufi Mia Chowdhury……………….Respondents Judgment December 3rd, 1991 Lawyers Involved: TH Khan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellants. M Nowab Ali..Category: Limitation Law | Date: | Hits: 175
Abdus Samad @ AKM Abdus Samad and others Vs. The State, 1992, 21 CLC (AD)
....0, in the Court of Additional Sessions Judge, Rangpur. 2. An incident of murder, rioting and criminal trespass took place on 20th November 1979 at about 7.30 AM over the possession of a paddy land. Informant, PW 1, lodged an ejahar on which the police started this case and after investigat......cord- For the Petitioners. Not Represented -For the Respondent. Criminal Petition for leave to appeal No. 17 of 1992. (From the judgment and order dated 22‑1‑92 passed by the High Court Division, Dhaka, in Criminal Appeal No. 194 of 1982). Judgment: ...... possession of a paddy land. Informant, PW 1, lodged an ejahar on which the police started this case and after investigation sent up these eleven petitioners for trial. Case of the prosecution is that the land belonged to, and was in possession of, his wife PW 2, that the informant with his labo......bsp; Lawyers Involved: Sirajul Huq, Senior Advocate, Supreme Court, instructed by Md. Nawab Ali, advocate-on-Record- For the Petitioners. ..Category: Criminal Law | Date: | Hits: 59
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....side the judgment and decree of the lower appellate Court which in turn set aside the judgment and decree of the trial Court 2. Plaintiffs case, in brief, is that he purchased 0.50 acres of land i.e. 0.21 acres in Dag No. 500 and 0.29 acres in Dag No. 501 of Khatian No. 308 from defendant......For the Appellant. M Nawab Ali, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No. 7 of 1988 (From the Judgment and order dated 24th November, 1985 passed by the High Court Division, Rangpur Bench in Civil Revision No. 1627 of 1981) Judgment......the Rule absolute and setting aside the judgment and decree of the lower appellate Court which in turn set aside the judgment and decree of the trial Court 2. Plaintiffs case, in brief, is that he purchased 0.50 acres of land i.e. 0.21 acres in Dag No. 500 and 0.29 acres in Dag No. 501 of......ip;……….Respondent Judgment August 18th, 1991. Lawyers Involved: Mahmudul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record ‑ For the Appellant. M Nawab Ali, Advocate‑on‑Record ‑ For the ..Category: Property Law | Date: | Hits: 98
Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....ccept a registered notice under section 106 of the Transfer of Property Act. Hence the suit with the reliefs prayed for. 3. The appellant in his written statement denied the relationship of landlord and tenant between him and the plaintiffs. He claimed Settlement of the suit premises from...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Narayan Chandra Rajak Das......... Appellant Vs. Md. Amjad Ali Miah and others………...Res......it No. 473 of 1978, against the defendant appellant for his eviction from the suit premises and for realisation of arrear rent and compensation, as also for permanent injunction. It was their case that in respect of the suit premises, to with, a tin-shed measuring 4' X 7' and adjoining bhiti con............... Appellant Vs. Md. Amjad Ali Miah and others………...Respondents Judgment November 21 st, 1991. Lawyers Involved: SS Halder, Senior Advocate instructed by Md. Aftab Hossain, Advocate‑on-Record-For the Appellant. Kha..Category: Property Law | Date: | Hits: 67
Abul Khair Vs. The State, 1992, 21 CLC (AD)
....elay will merit such commutation. We find no compelling extenuating circumstance in this case and therefore find no ground whatsoever to interfere. The petition is dismissed. Ed. ......-Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal petition for leave to appeal No. 38 of 1992 (From the Judgment and Order dated 4.2.92 passed by the High Court Division in Death Reference No. 1 of 1985 with Criminal Appeal No. 42 of 19......injuries at about 11‑30 AM. The FIR was lodged by informant at 12‑15 PM on the same day at PS Lakshmipur situated at four miles west. PW 12 Abdul Motaleb OC Ramgonj, on being informed that three miscreants upon killing Safiuddin had fled away by motor cycle, was on the look out for t......................Respondent Judgment April 29th, 1992. Lawyers Involved: Ahmed Ali Advocate (appeared with leave of the Court) instructed by Md. Nawab Ali, Advocate-on -Record- For the Petitioner. B Hossain Advocate-on-Record-For the Respondent. Criminal ..Category: Criminal Law | Date: | Hits: 61
Ishaque Khan (Md) and another Vs. Trading Corporation of Bangladesh, 1992, 21 CLC (AD)
....rospective effect, but it will be effective from the date it was passed, namely 4.5.1987. Subject to this observation, the appeal is dismissed without, however, any order as to cost. Ed. ......reme Court, instructed by Md. Sajjadul Huq, Advocate‑on ‑Record‑‑For the Respondent. Civil Appeal No. 25 of 1990. (From the judgment and order dated 10.3.87 passed by the High Court Division, Dhaka in Writ Petition No. 355 of 1985) Judgment: &nbs......nbsp; Shahabuddin Ahmed CJ.- This appeal by special leave calls in question the High Court Division's judgment in Writ Petition No. 355 of 1985. By that judgment the High Court Division dismissed the said writ petition along with four other writ pe...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Latifur Rahman J Ishaque Khan (Md) and another…………..Appellants Vs. Trading Corporation of Bangladesh, represented by the Secretary, Principal Office, Kawran Bazar, Dhaka&hell..Category: Employment/Service Law | Date: | Hits: 68
....he Companies Act, 1913, is in possession of an industrial unit, namely, a drum manufacturing factory formerly belonging to M/s Drums Metal Ltd., located at Airport Road, Tejgaon, Dhaka on a leasehold land of 3.28 acres, in pursuance of an agreement for sale dated 13.9.77 entered into between the app......er, Assistant Attorney‑General with him) instructed by AW Mallik, Advocate‑on‑Record-For the Respondents.
Civil Appeal No. 1 of 1992
(From the Judgment and Order dated 27.8.91 passed by the High Court Division in Writ Petition No. 1215 of 1988).
Judgment
MH Rahm......Bangladesh. The appellant received a Notice dated 15.6.88 from respondent No. 1. Director, Military Lands and Cantonments Directorate, Ministry of Defence (Annexure 'A' to the writ petition) stating that the lease of the land had expired on 31.3.86 and that it had not been renewed and directing the ......n
(Civil)
Present:
MH Rahman J
ATM Afzal J
Mustafa Kamal J
Latifur Rahman J
National Engineers Ltd...............Appellant
Vs.
Director, Military Lands and Cantonment Directorate, Ministry of Defence, Dhaka Cantonment and others…..
Category: Property Law | Date: | Hits: 68
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....d Title Suit No. 355 of 1976 for declaration of title and also for a declaration that the registered deed No. 12145 dated 11.7.75, by which the defendant‑respondent was claiming title over the suit land, be declared as illegal, void, etc. Later, the prayer was amended so as to include a prayer for......of prior bainapatra or a subsequent date of its registration. The sale takes effect on the date of execution of the sale -deed. Earlier decision on this point, referring to defendant’s bainapatra, was wrong. However, the Courts below discarded the plaintiff’s sale-deed on other ground. Section 4......dge of the High Court Division on 16.9.85 in Civil Revision Case No. 720 of 1984. 2. The plaintiff‑appellant filed Title Suit No. 355 of 1976 for declaration of title and also for a declaration that the registered deed No. 12145 dated 11.7.75, by which the defendant‑respondent was claiming ti......(Act XVI of 1908),Section 47 The Transfer of Property Act,1882 (Act IV of 1882), Section 53A A sale- deed which is registered will relate back to its own date of execution not of any date of prior bainapatra or a subsequent date of its registration. The sale takes effect on the date of executi..Category: Property Law | Date: | Hits: 73
State Vs. Abdul Mannan @ A Mannan and others, 1992, 21 CLC (AD)
....e has no advisory jurisdiction and he unnecessarily travelled in the domain of those laws. It is unfortunate that a Judge made those irrelevant and extraneous comments regarding various laws of the land in this particular case and thereby questioned the wisdom of the law makers on various laws wi......ecord‑ For the Petitioner. Not represented ‑Respondents. Criminal Petition for Special Leave to Appeal No. 57 of 1988 (From the judgment and order dated 1.9.87 passed by the High Court Division's Session at Barisal in Criminal Appeal No. 110 of 1985). J......of the Penal Code read with section 4(a) for the Cruelty to Women (Deterrent Punishment) Ordinance No. LX of 1983. The appeal was allowed and all the accused persons were acquitted upon a finding that they had not committed the offence in question. Nobody, including the State, challenged the ord......vision (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J State, represented by the Solicitor to the Government of the People's Republic of Bangladesh ......................Petitioner. ..Category: Criminal Law | Date: | Hits: 92
Siddique Munshi Vs. The State, 1992, 21 CLC (AD)
....brother Idris Fakir had been murdered by the appellant, along with others, when his brother had protested the action of the accused persons in taking forcible possession of Idris Fakir's boro paddy land. At about 9‑00 AM that day, appellant and many others variously armed, went to the land ......fa Kamal Latifur Rahman J Siddique Munshi ...................Appellant Vs. The State .........................Respondent Judgment October 24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs......tion and sentence under section 302 of the Penal Code, passed by the Sessions Judge, Faridpur and confirmed in appeal by the High Court Division. Main grounds on which leave was granted by us are that conviction based on the evidence of a single witness as against the evidence of other local wit......24th, 1991. Cases Referred To: Duga Mia vs. Crown 7 DLR 395; Shahed Ali Vs. State 13 DLR 414 and Sadik Vs. State (1971) PLD (SC) 713. Lawyers Involved: Serajul Huq, Senior Advocate, Supreme Court, instructed by Md. Aftab Hossain, Advocate‑on‑Record &#..Category: Criminal Law | Date: | Hits: 69
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