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Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....s the entire lease money was paid long before by the predecessor of respondent Nos. 1-7 Abul Hashem Khan the termination of the lease without giving any notice was ipso facto illegal, as permanent right had been accrued in favour of the said respondents and there being no breach of the condition......pondent Nos. 1-7 predecessor Abul Hashem Khan on 20.3.67. The land of Abul Hashem Khan and others including that of appellant Bazlur Rahman were requisitioned in L.A. Case No. 12/60-61 and 32/60-61 for the purpose of developing Lalmatia Housing Estate. On 10.6.1963 appellant Bazlur Rahman made a......t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ...... 1968 of against the said judgment and decree which was allowed by judgment and decree dated 30.3.1974 passed by Subordinate Judge, 1st Court, Dhaka sending back on remand the title suit for fresh trial, When the suit was pending in the trial court, the Government assured the appellant Bazlur Ra..Category: Property Law | Date: | Hits: 30
Khurshid Alam and Others Vs. Azizur Rahman & others, 2004, 33 CLC (AD)
....re on the Managing Director and hence the further prolongation of the case will amount to an abuse of the process of the Court. 15. In the circumstances, we find that the High Court Division rightly made the Rule absolute, in Criminal Revision No. 17 of 1987 and quashed the proceeding of G......nal Revision Nos. 88 and 89 of 1987 and 104 of 1992 discharging the Rules and against the judgment and order dated 12.02.1996 making the Rule absolute in Criminal Revision No. 17 of 1987. Petition for leave to Appeal No. 233 of 1995 against the judgment and order passed in Criminal Revision No. ...... 17. The judgment and order passed by the High Court Division in Criminal Revision Nos.88, 89 & 90 of 1987 are hereby set aside. Ed. This Case is also Reported in: II ADC (2005) 80. ......rned Magistrate after taking cognizance in all the proceedings except the proceeding in Criminal Petition No. 233 of 1995, sent the three proceedings as aforesaid to the Special Judge concerned for trial. 3. Leave was granted to consider the submissions that the accused petitioner bei..Category: Criminal Law | Date: | Hits: 40
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....red patta dated 19.11.1940 and subsequently died leaving behind the appellant as his only heir and as such defendant-appellant's name was correctly recorded in the B.S. Khatian and he has the right, title and possession of the same and the plaintiff has no title and possession and filed the......on No. 182 of 1990). Judgment Mohammad Fazlul Karim J.- This appeal by leave granted by this Court was to consider the points raised: "Learned Advocate for the petitioner submits that original R. S. Khatina No. 2324 being in the name of the orig......sions of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 54. ......ecorded in the B.S. Khatian and he has the right, title and possession of the same and the plaintiff has no title and possession and filed the suit to harass the defendant-appellant. 5. The trial Court decreed the suit and the appellate Court reversed the same. The plaintiff was successf..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......in Civil Revision No.2948 of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, Gazipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one ......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......t Nos. 4-5 exchanged their land with the land of the plaintiffs for convenience of mutual possession by a deed of exchange and the same was not a transaction of out and out sale. 4. The trial court on consideration of the materials on record decreed the suit. Being aggrieved the defe..Category: Property Law | Date: | Hits: 33
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....5.1989 passed by the Subordinate Judge, 3rd Court, Dhaka allowing amendment of the plaint in Title Suit No. 2 of 1987. 2. Leave was granted to consider whether the High Court Division rightly interfered with the order of the Subordinate Judge allowing amendment of the plaint upon ap......3 of 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. ......f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......hy;session of the share of the widow and her children. The amendment was opposed by the defendant on the ground that it would change the character of the suit as also the cause of action. The trial Court upheld the objection but the High Court set aside the same on revision. A judgment of t..Category: Property Law | Date: | Hits: 56
Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....genuine and the name of the plaintiff was wrongly recorded in the S.A. Khatian and that defendants as heirs of Nowab Ali, a brother of Cherag Ali are possessing the suit plot. The plaintiff has no right, title or possession in the suit land. 7. The plaintiff examined 8 witnesses and ......hy;sideration of the evidence and materials on record. 2. Plaintiff-appellant Khairunnessa instituted Title Suit No. 143 of 1982 in the Court of the Subordinate Judge, 4th Court, Dhaka for declaration of her title in the suit land being 26 decimals out of 30 decimals land o......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......ag Ali are possessing the suit plot. The plaintiff has no right, title or possession in the suit land. 7. The plaintiff examined 8 witnesses and the defendants examined 6 witnesses. The trial court by his judgment dated 22.11.199 decreed the suit. Defendants filed title appeal. ..Category: Property Law | Date: | Hits: 31
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
.... remained absent during enquiry and as such he can not be allowed to take benefit out of his default. 7. The High Court Division discharged the Rule on the findings that the Labour Court has rightly found that the case filed by the respondent No.2 under Section 25(1) (b) of the Act w......Court, Dhaka passed in Complaint Case No. 140 of 1984 allowing the same and thereupon setting aside the order of dismissal dated 21.8.1984 and making direction to the appellant (second party before the Labour Court) to reinstate the Respondent No. 2 (first party before the Labour Court......any chance to defend him during the enquiry and to cross-examine the witnesses examined by the second party and as such the enquiry held against the first party by the enquiry officer was not fair and proper and consequently the order of dismissal passed by the second party dismissing the f......is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ..Category: Labour and Industrial Law | Date: | Hits: 79
Md. Hamidur Rahman Vs. State, 2009, 38 CLC (AD)
....terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......tion No. 13 of 2004 (From the judgment and order dated 9th July, 2003 passed by the High Court Division in Jail Appeal No. 79 of 2002) Judgment M. M. Ruhul Amin CJ. - This petition for leave to appeal at the instant of the petitioner Md. Hamidur Rahman is directed against the ju......terial aspects of the case and arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: ......he complicity of the accused and his first wife in the murder of the deceased. 3. Police after investigation submitted charge-sheet against the appellant and 4 (four) others out of whom in trial the appellant was charged under section 302 of the Penal Code and the others under sections 3..Category: Criminal Law | Date: | Hits: 50
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......: Shamsul Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioners (In both the cases) Not represented- the Respondents (In both the cases) Civil Petition for Leave to Appeal Nos.715 and 716 of 2007. (From the judgment and order dated 31.08.06 passed b......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......mes, paid rent to the Government and possessed this land for more then 12 years to the knowledge of all concerned and they have also acquired title in the suit land by adverse possession. 5. The trial Court dismissed the suit and the plaintiffs preferred appeal before the learned District Judge..Category: Property Law | Date: | Hits: 37
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... with him) instructed by Muhammad Nawab Ali, Advocate-on-Record - For the Respondents. Civil Appeal No. 92 of 2004 (From the judgment and order dated 30th October, 2002 passed in Civil Petition for Leave to Appeal No. 2164 of 2001) Judgment MM Ruhul Amin CJ.- This appeal, by leave, is di...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... of the decree as per section 164 of the Limitation Act. 5. On an appeal in Miscellaneous Appeal No. 42 of 1996 the appeal was allowed setting aside the judgment and order dated 27.1.1996 of the trial Court. Thereafter, the plaintiff moved the High Court Division in Civil Revision No. 1050 of 1..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246....... 146 of 2008. (From the Order dated 9th December, 2007 passed by the High Court Division in Writ Petition No. 9600 of 2007) Judgment Md. Ruhul Amin CJ.- This Appeal and the Criminal Petition for Leave to Appeal were heard together since the respondent No.1 in Civil Appeal No. 36 of 2008 and......as the case may be ....” 10. As against the ad-interim order of the High Court Division the respondent No.1 in the writ petition i.e. Bangladesh, represented by the Secretary, Ministry of Home affairs filed Civil Petition for Leave to Appeal, being No. 49 of 2008. The said Petition for Leave to......ecessary for the disposal of the Appeal and the Criminal Petition for Leave to Appeal (the petition). It is material to state that the respondent No.1 in the Appeal, who is the petitioner, was put on trial along with another who is her husband. 3. The respondent No.1 in the Appeal and the petitio..Category: Criminal Law | Date: | Hits: 51
Simon Singh Vs. State, 2008, 37 CLC (AD)
.... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......itioner under Section 302 of the Penal Code and sentencing him to death in Sessions Case No.260 of 2002 by the judgment and order dated 29-01-2003 submitted the proceedings to the High Court Division for confirmation and thereupon the Death Reference No.12 of 2003 was registered. The convict filed C...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ......e basis of materials available on record, framed charge against the accused-petitioner under Section 302 of the Penal Code and read it over to the accused on dock, who pleaded not guilty and demanded trial. 6. The prosecution examined 20 PWs. including doctor, who held post-mortem examination and..Category: Criminal Law | Date: | Hits: 47
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......spondent Judgment July 27, 2007. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent Civil Petition for Leave to Appeal No. 498 of 2004. Judgment &nb......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ...... the pendency of the said suit the respondent No.1 (defendant No.15) disputed the signature of the vendor on the Bainapatra and prayed for opinion of handwriting expert to resolve the dispute. The trial court accordingly allowed prayer by order dated 31.8.2003. The plaintiff petitioner challenged..Category: Property Law | Date: | Hits: 36
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....e Shahadat Hossain who served in the same Project with the respondent was absorbed in the Ministry of Establishment and has been given seniority and time scale. The respondent has been legally and rightly absorbed as surplus officer like Shahadat Hossain and he cannot be treated to have been app...... was opposite party No. 3 in the original application, being aggrieved by the said concurrent decision, obtained leave to appeal from the same. 2. The respondent filed case No.129 of 1991 before the Administrative Tribunal, Dhaka under section 4(2) of the Administrative Tribunal Act, 1980......the respondent inspite of their undisguised hostility. Lastly, he submitted that the Tribunals below rightly held that there was discrimination made in the case of the respondent and that he was unfairly treated by the impugned orders in violation of the Constitutional protection of equalit......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..Category: Employment/Service Law | Date: | Hits: 119
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....ent Rule and therefore, the same is liable to be discharged with costs. The Eastern Bank Ltd. filed the aforesaid application for addition of parties for a dilatory purpose. The learned trial Court rightly rejected the same by assigning appropriate reasons and there is no ground to interfer......; Syed JR Mudassir Husain CJ. - This appeal arises out of leave granted by this Division on 17-42002 in Civil Petition for leave to Appeal No. 366 of 2002 against the judgment and order dated 9-2-2002 passed by a Divis......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......-8-1999 passed in Money Suit No. 6 of 1994 instituted by respondent No.1 in the Court of Subordinate Judge, Commercial Court No. 2, Dhaka. 3. The respondent No. 2, the Saudi Bangladesh Industrial and Agricultural Investment Company Ltd. (SABINCO) as plaintiff filed Money Suit No. 6 of 199..Category: Others | Date: | Hits: 95
Nizam Hazari Vs. State, 2004, 33 CLC (AD)
....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..............................Respondent Judgment June 26, 2004. Result: The review petition is dismissed. A review is never meant nor can be allowed to be utilized as another opportunity for rehearing a matter which has already been closed by a final judgment……………………..(7......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..Category: Criminal Law | Date: | Hits: 53
Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)
....e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......bsp; MM Ruhul Amin J.- Petitioners are seeking review of the judgment dated 19.07.2003 passed by this Division dismissing the Criminal Petition for leave to Appeal No. 108 of 2003 which was filed challenging the judgment and order dated 24.03.......e or error apparent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ......xecution date on 09.01.1987 with a view to defraud the complainant. 3. The accused petitioner Nos.1-3 were the attesting witnesses in the said deed in favour of the accused No.1. During trial charge under section 465/109 of the Penal Code was framed against the accused persons to whic..Category: Criminal Law | Date: | Hits: 47
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
.... with the defendants on 5.3.1948 and since then they have been possessing the same. That in S.A. Khatian the suit property was firstly recorded wrongly in the name of Mojir. The plaintiffs have no right and title in the suit land. The suit is liable to be dismissed. That the learned Assistant Ju......t Md. Tafazzul Islam J.- This appeal by leave arises out of the leave petition granted by this Court in Civil Petition for leave to Appeal No. 1315 of 1999 against the judgment and order dated 20.7.1999 passed by a Si......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......na which was eventually heard by the learned Subordinate Judge and Artha Rin Adalat, Pabna who by his judgment and decree dated 19.11.1990 allowed the appeal and sent the suit back on remand to the trial court for fresh hearing giving the parties chance to amend the leading and adduce e..Category: Property Law | Date: | Hits: 33
Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)
....rt Division was not justified in sending the suit back on remand though in the absence of any prayer for remand from the parties in the appeal. This Division has further observed that in a case where right of the parties to the suit send back on remand is depending upon the result of a suit filed ea...... Review Petition No. 165 of 2003. (From the Judgment and Order dated May 18, 2003 passed by the Appellate Division in Civil Appeal No. 77 of 1997) Judgment Md. Ruhul Amin J. - This petition for review has been filed against the judgment dated May 18, 2003 dismissing the Civil Appeal No. 77...... In the background of the aforesaid discussions we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ......gainst the judgment and decree dated January 16, 1997 of a Division Bench of the High Court Division passed in First Appeal No.1 of 1988 allowing the appeal and thereupon sending the suit back to the trial Court for disposal with Title Suit No.39 of 1933. 2. The first appeal was filed against the..Category: Property Law | Date: | Hits: 67
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
....wed by any kabuliyat and as such those are forged and fraudulent documents and not acted upon. Hence on the basis of such pattas the plaintiff's or their predecessor-in-interest did not acquire any right, title and interest in the suit land. The further case of the defendants is that the defendan......er dated 13.08.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of the disputed land and that the enlistment of the...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......ntiffs. They claim that the pattas are forged and fraudulent document. 4. The defendant No. 4 also contested the suit on the ground that the property was vested property. 5. The trial Court found title and possession of the plaintiffs in the disputed property and decreed the s..Category: Property Law | Date: | Hits: 82
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