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Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)

....n in Writ Petition No. 64 of 1994. 2. Facts giving rise to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sale with separate unregistered agre...... ......etitioners thereafter preferred appeals to the Land Appeal Board. The appeals were dismissed for default. The petitioners prayed for review of the orders of dismissal. The said Board took the view that since the agreements for reconveyance were not registered the applications for redemption were ......p;……………Respondents Judgment October 30, 1996. Lawyers Involved: Abdus Sobhan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Haroon-or-Rashid, Advocate, instructed by Sharifuddin Cha..

Category: Property Law | Date: | Hits: 72

Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)

....eal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating, inter alia, that 15 acres of land with structures thereon in plot No. 2379 of khatian No. 286 (old) khatian No. 409 (new). Mouza......ocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Respondent No. 1. Civil Appeal No. 3 of 1994 (From the Judgment and order dated 4-2-93 passed by the High Court Division in Civil Revision No. 497 of 1990). Judgment: &nbs......htia in Tide Appeal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating, inter alia, that 15 acres of land with structures thereon in plot No. 2379 of khatian No. 286 (old) khatian No. ...... Vs. Shamsuzzoha and others............ Respondents Judgment November 5th, 1996 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Respondent No. ..

Category: Property Law | Date: | Hits: 77

Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)

....dge, Additional Court, Mymensingh in Other Class Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defendant No. 1 Hemanta Kumar Arang being the o...... 49 DLR (AD) (1997) 61 ...... Suit No. 270 of 1979 and thereby dismissing the said suit. 2. The plaintiff brought the suit for declaration of his title to the suit land. His case, as disclosed in the plaint, is that defendant No. 1 Hemanta Kumar Arang being the owner in possession of the said land entered into......p;………………………………………………..Appellant Vs. Niropama Ritchil and ors ………………………………..

Category: Property Law | Date: | Hits: 72

Anwaruddin Bepari Vs. Assistant Commissioner (Land) and Others, 1997, 26 CLC (AD)

....sion Bench of the High Court Division rejected Writ Petition No. 1950 of 1992 filed by the appellant summarily. 2. Facts of the case, briefly, are, that respondent No. 4 sold 0.87 acres of land of CS Plot No. 570 under CS Khatian No. 228 of mouza south Medini Mondal PS Lauhajang, Distri...... Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Anwaruddin Bepari…………………..Purchaser-Appellant Vs. Assistant Commissioner (Land) and Others……&......order dated 31st May 1992 passed by Division Bench of the High Court Division rejected Writ Petition No. 1950 of 1992 filed by the appellant summarily. 2. Facts of the case, briefly, are, that respondent No. 4 sold 0.87 acres of land of CS Plot No. 570 under CS Khatian No. 228 of mouza s......;…………… Respondents Judgment July 3, 1995. Lawyers Involved: Rafiqul Islam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record — For Petitioners. Md. Roushan Ali, Advocate, instructed AMM Monzurul Hasan, Adv..

Category: Property Law | Date: | Hits: 88

State Vs. Golam Mostafa & ors., 1997, 26 CLC (AD)

....eaning of sub-section (1). A Court of Session and a Martial Law Court are classes apart and function under altogether different legal systems. One is an ordinary Court under the ordinary law of the land; the other is an extraordinary Court under an extraordinary system which operates by abrogati......llip;…….Respondents Judgment July 7th, 1996 Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Appellant. Khandaker Mahbub Hossain, Senior Advocate, instructed by Shamsul H...... 1985 and further ‘acquitting’ them of the said charge. 2. At the end of this judgment we are going, dismiss this appeal but we shall be doing it with an agonising feeling that because of sheer incompetence, negligence and bungling at the trial stage in the Special Martia......p;……………………………………………….. Appellant Vs. Golam Mostafa & ors………………………………&..

Category: Criminal Law | Date: | Hits: 120

Dr. Mohiuddin Farooque Vs. Bangladesh, 1997, 26 CLC (AD)

....The Full Court Judgment. (31) Article 102 Powers of High Court Division to issue certain orders and directions—Dimension of such powers— Article 102 of our Constitution is not an isolated island standing above or beyond the sea-level of the other provisions of the Constitution. It is a par......enance from the different provisions of the Constitution and from the scheme and objective of the Constitution itself. ……………………(70) Article 7 Article 7 does not contain empty phrases. It means that all the legislative, executive and judicial powers conferred on the Parliament, ......different provisions of the Constitution and from the scheme and objective of the Constitution itself. ……………………(70) Article 7 Article 7 does not contain empty phrases. It means that all the legislative, executive and judicial powers conferred on the Parliament, the Executive an...... 8 Absolute trust and faith in the Almighty Allah necessarily mean the duty to protect His creation and environment. The appellant is aggrieved, because Allah’s creations and environment are in mortal danger of extinction and degradation: Per Mustafa Kamal J delivering The Full Court Judgment. ..

Category: Constitutional Law | Date: | Hits: 450

Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)

.... file and number. They also prosecuted the ‘suit, which was ultimately decreed on contest on 27-12-87, declaring the plaintiffs’ title to and confirmation of possession in 2.12 acres of land. But the plaint of the suit was not formally amended incorporating the petitioners’ name......50 DLR (AD) (1998) 213. ......l court by non-recording the present appellants as substituted plaintiffs in the plaint and refusing to draw up the decree in question accordingly. The legislative intent under section 152 CPC is that even in the absence of any initiative by the parties, the court of its own motion, in the inter......1997. The Code of Civil Procedure, 1908 (V of 1908) Section 152 & Order XXII rule 3 It is the right of the heirs of the deceased plaintiff to file in court an application for substitution and a corresponding duty has been cast upon the court to make them parties in the l..

Category: Property Law | Date: | Hits: 88

Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)

....ating, inter alia, that defendant No.1 Hanif Brothers, a partnership concern, and defendant No. 2. Mr. Abdur Rouf, its Managing Partner, as the owner of the suit property, measuring 15.5 Kathas of land and a building standing thereon, on plot No.49 Block No. CES(A). Gulshan Model Town, Dhaka, ha......Supreme Court Appellate Division (Civil) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh and another…………&he......ellip;.. Respondents Judgment June 4, 1997. The Code of Civil Procedure, 1908 (V of 1908), Or. IX r. 13 It is a cardinal principle of administration of justice that no result of any judicial proceeding should be allowed to receive judicial approval from any c......n of sanctity of such judicial proceeding. It is also established principle of law that fraud vitiates all judicial proceedings. When the trial Court itself on consideration of the materials on record was satisfied that a fraud had been committed in obtaining the ex parte decree it was the duty..

Category: Property Law | Date: | Hits: 76

Akhteruzzaman Vs. Ali Amjad Khan and others, 1998, 27 CLC (AD)

....nt No.3 in Title Suit Nos.18 and 19 of 1996 pending in the Second Court of Subordinate Judge, Munshiganj, Respondent No.1 brought the suits for enforcement of a contract for sale of 10.73 acres of land against its owner respondent No. 2 Shibajee Prasad Dam alias Shibu. Upon two applications for ......Supreme Court Appellate Division (Civil) Present : ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Akhteruzzaman…………………&he......cedure, 1908 (V of 1908), Or. XL r. 1 The Appellate Division is reluctant to interfere in the matter of appointment of a receiver unless the circumstances are of such exceptional character that refusal might entail a risk of clear abuse of process or some gross injustice……&......e Division is reluctant to interfere in the matter of appointment of a receiver unless the circumstances are of such exceptional character that refusal might entail a risk of clear abuse of process or some gross injustice………………(4) Lawyers Involved..

Category: Property Law | Date: | Hits: 87

Fazlul Karim Chowdhury and (Md) and others Vs. Lutfunnessa Begum and others, 1998, 27 CLC (AD)

....efendant Nos. 1 and 2 the Subordinate Judge made an interim order on 16 June, 1996 directing the parties to maintain status quo respect of possession of the disputed CS Plot 71 measuring 0.41 acre of land. The plaintiffs subsequently made another application praying for mandatory injunction upon def......s dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 188. ......�………………………………….Respondents Judgment February 10, 1998. The Specific Relief Act, 1877 (I of 1877), Section 55 The High Court Division has rightly pointed out that an order of mandatory injunction cannot be sustained if the subject matter of the dispute is not......…………………………….Respondents Judgment February 10, 1998. The Specific Relief Act, 1877 (I of 1877), Section 55 The High Court Division has rightly pointed out that an order of mandatory injunction cannot be sustained if the subject matter of the dispute is not suffic..

Category: Property Law | Date: | Hits: 101

Sharashibala Sarkar and others Vs. Patani Sundari Dassaya and another, 1998, 27 CLC (AD)

.... Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land to the transferee is valid during the lifetime of the transferor and the same will not be bin...... (1998) 171. ......llip;……..Defendant Judgment April 28, 1997. Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the suit land to the tr......……………..Defendant Judgment April 28, 1997. Principle of Hindu Law, Section 205 Learned judges of the High Court Division are correct in holding that in view of the provision of section 205 of the Hindu Law alienation of the s..

Category: Property Law | Date: | Hits: 61

Bangladesh Vs. Mahbubuddin Ahmed, 1998, 27 CLC (AD)

....against him at any time. For the reasons, however, this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 154. ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh, represented by Secretary, Establishment Division and others...... High Court Division making the Rule Nisi absolute in Writ Petition No. 1870 of 1991. 2. The respondent as writ-petitioner filed the said writ petition on the averments, inter alia, that he qualified in the Central Superior Service and joined the Police service of Pakistan in 1967.......Vs. Mahbubuddin Ahmed……...Respondents. Judgment February 2, 1998. The Constitution of Bangladesh, 1972, Article 102 (i) Whether an order of dismissal from service under MLO No. 9 was effective or not for non-communication of the s..

Category: Administrative Law | Date: | Hits: 125

Bangladesh Railway and ors. Vs. Pranab Kumur Chakraborty and ors., 1996, 25 CLC (AD)

....espondent Judgment November 25, 1996. The Railways Act, 1890 (IX of 1890), Section 6(3) The Contract Act, 1872 (IX of 1872), Section 23 The suit land being the property of the Government the Railway Administration could not make any contract wi...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Railway and ors. ……………&hel......85, and decreeing the suit. 2. The plaintiff-respondents brought the aforesaid suit for specific performance of contract for transfer of the suit land on the averments, inter alia, that they are members of the executive committee of Jinardi Union Unnayan Parishad which was formed ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Railway and ors. ……………………………&hellip..

Category: Administrative Law | Date: | Hits: 130

Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)

....sion. 2. Material facts necessary for disposal of this appeal are that respondent No. 1 as plaintiff filed the aforesaid suit for a declaration of title and partition in respect of 0.80 acres of land as mentioned in the schedule to the plaint. The appellants as defendant Nos. 45-47 also prayed ......so Reported in: 50 DLR (AD) (1998) 148. ......ainst the decree by the defendants but could not do so after entering into a compromise with the defendant appellants admitting their claim and filing a compromise petition in the appellate court to that effect. Amendment of the plaint disputing defendant appellants kabalas was wrongly allowed by th......ff-Respondents Judgment November 5, 1996. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 The plaintiff could amend the plaint before the decree was passed by the trial court or in the appellate court after filing of appeal agains..

Category: Procedural Law | Date: | Hits: 149

Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)

....gment Mustafa Kamal J.- The Administrator of Waqfs applied to the Deputy Commissioner Barisal 27-8-89 under section 64(1) of the Waqfs Ordinance seeking eviction of the plaintiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st Court of Subordinate Judg......rted in: 50 DLR (AD) (1998) 146. ...... the Waqfs Ordinance seeking eviction of the plaintiffs from the suit land which led the plaintiff to file Title Suit No. 142 of 1989 in the 1st Court of Subordinate Judge, Barisal for a declaration that the said order was void, illegal and without lawful authority with the averments, inter alia, th......64(2) of the Waqfs Ordinance is available to an aggrieved person only after his eviction by the Deputy Commissioner concerned has taken place. Section 64 does not give an aggrieved person a remedy before eviction. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instructed by Md. Sajjadul H..

Category: Property Law | Date: | Hits: 91

Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)

....f Mouza Athukura within police station Baniachang of Habiganj district. The petitioner’s father and 13 others took settlement of the said fishery from Kali Prashad Chakraborty and others, ex-landlords of Nayasarak, Sylhet. On the death of his father the petitioner became an owner thereof a...... ...... August 27, 1996. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages o......enancy Act, 1950 (XXVIII of 1951), Sections 43(2) & 44(3) Publication of a notification in the official gazette declaring that a compensation assessment-roll has been finally published for a village or group of villages or local area stating the date of such final publication complyin..

Category: Property Law | Date: | Hits: 90

Showkat Hossain Akanda Chowdhury Vs. State, 1997, 26 CLC (AD)

.... Hossain added with taking away of old and ailing Sabirul Hossain Chowdhury by him for treatment on 4-10-80 and subsequent registration of the partition deed on 7-10-80 containing the very same land alleged to have been gifted under the disputed deeds in the saham of Sabirul Hossain Chowdhur...... ...... January 28, 1997. The Penal Code, 1860 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant by reason of unsoundness of mind or intoxication or by reason of deception practi......lip;…………… Respondent Judgment January 28, 1997. The Penal Code, 1860 (XLV of 1860) Section 467 To secure a conviction for forgery under section 467 of the Penal Code, it must be specifically proved that the executant b..

Category: Criminal Law | Date: | Hits: 92

Khandoker Saiful Islam Vs. State, 1997, 26 CLC (AD)

.... prosecution case is on 31-5-87 at about 7-00 AM the informant PW 1 Badshah Miah along with deceased Kadem All, his brother PW 12 Saheb Miah and others went to cut jute plants in the decretal land of PW 1 being plot No.31 to the south-west of his house. At this time the accused-petitioner ...... Supreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khandoker Saiful Islam……………&he...... of death if the offence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or was about to carry on an assault of such nature. Carria......ate defence of the body extends to the voluntary causing of death if the offence which occasions the exercise of the right is an assault which may reasonably cause the apprehension of either death or grievous hurt. The evidence in the case must be such that the informant party was carrying on or..

Category: Criminal Law | Date: | Hits: 96

Altaf Hossain Vs. State, 1997, 26 CLC (AD)

....e manner alleged by the prosecution, deceased Hyder Ali was a dacoit and he might have been killed by some unknown enemies while committing dacoity on Dhaka-Aricha Road near a place called Company land. He was taken to the near-by house of Feroz in an injured condition and given first aid. There...... Supreme Court Appellate Division (Criminal) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Altaf Hossain…………..Accused-Appellant ......9 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There having no evidence on record that the alle...... Sections 302 & 302/149 Conviction under section 302/149, of the Penal Code is of vicarious liability but any conviction under section 302, Penal Code is of personal liability and the former one is different to that of the latter as to the manner of involvement. There having no evide..

Category: Criminal Law | Date: | Hits: 104

Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)

....for review of the judgment and order dated 1 November 1993 allowing Civil Appeal No. 20 of 1993. 2. The petitioners filed Writ Petition No. 343 of 1987 challenging the acquisition of 2068 acres of land appertaining to CS Plot Nos. 29 and 30 of Khatian Nos. 4512 and 4514 respectively situated to t......il Appeal Here. Supreme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented b......ember 1993 allowing Civil Appeal No. 20 of 1993. 2. The petitioners filed Writ Petition No. 343 of 1987 challenging the acquisition of 2068 acres of land appertaining to CS Plot Nos. 29 and 30 of Khatian Nos. 4512 and 4514 respectively situated to the north of the homestead of the petitioners who......reme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Subash Chandra Das & ors ……………………..Petitioner Vs. Bangladesh, represented by the Secretary, Minis..

Category: Property Law | Date: | Hits: 89

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