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Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....ted the suit claiming that his father executed two Heba-bil-Ewaz transferring (12+11)=23 decimals of land in his favour but the day when those two deeds were executed, Haji Abdul Jalil Khan had no right to the suit land in view of the judgment and decree passed in Title Suit No.45 of 1996 and Ti......or the Petitioners. Mahbubey Alam, Senior Advocate, instructed by Firoj Shah, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.1092 of 2004. (From the judgment and order dated 27.04.2004 passed by......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. .......07.19.55 the claim of the defendant-respondents is legally barred by the Emergency Requisition of Property Act,1948 and had this material fact been not suppressed by the defendant-respondents the trial Court would not have entertained the application for local investigation at the instance of t..Category: Property Law | Date: | Hits: 26
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
.... No.5.The learned Additional Attorney General contended that the learned Judges of the High Court Division having applied their judicial mind and in view of the facts and circumstances of the case rightly passed the impugned order and there is no illegality or legal infirmity for interference by......ges of the High Court Division, who disposed of the said writ petition with a direction. 2. Shortly stated facts are that the respondent No.5, Md. Abul Hossain alias Md. Hossain Mia as the informant lodged a First Information Report with the Nabinagar Police Station on 26-02-2002 against ......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ...... Court of Sessions at Brahmanbaria and was registered as Sessions Trial Case No.128 of 2002 and was subsequently transferred in the Court of Additional Sessions Judge, Court No.2, Brahmanbaria for trial. During pendency of the trial, the case was transferred to the Druta Bichar Tribunal, Chittag..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....fe died leaving him the only heir, that Bichanti Ferangi married one Niroda Gomes, that Bichanti Ferangi appointed Harendra Chandra Pal as his attorney to look after his property but the record of right was wrongly prepared in the name of Harendra's nears and dears i.e. in the name of his brothe......e High Court Division in Civil Revision No. 4696 of 2001). Judgment Md. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment dated July 8, 2003 of a Single Bench of the......the appellate Court and thereby restoring the judgment of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ...... Judge on the finding that the notice was not issued by the competent authority and that there is no description of the land in the schedule of the notice. As against the judgment and decree of the trial Court the contesting defendants went on appeal. 5. The appellate Court set aside the ..Category: Property Law | Date: | Hits: 22
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....used might be true, it is clear that such, a view reacts of the whole prosecution case. In these circumstances, the accused is entitled to the benefit of doubt, not as a matter of grace, but as of right, because the prosecution has not proved its case beyond reasonable doubt. 7. It also a.......1991 passed by the learned Sessions Judge, Sirajgonj in Session Case No.14 of 1990 convicting the respondent under section 304, Part-1, of the Penal Code and sentencing him to suffer imprisonment for 10(ten) years and to pay a fine of Tk.75,000/- in default to suffer rigorous imprisonment for t......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ...... the respondent there were frequent quarrels between them; the police after investigation submitted charge sheet against the respondent under section 302 of the Penal Code; the respondent stood for trial under section 302 of the Penal Code and pleaded not guilty; the prosecution examined 32 witne..Category: Criminal Law | Date: | Hits: 48
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......ucted by Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur Rob Chowdhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record- For Respondent. Civil Petition for Leave to Appeal No. 1503 of 2004. (From the judgment and order dated September 20, 2004 ......nature, would not be or cannot be considered illegal or contrary to norms of justice unless the practice and procedure follows by the Tribunal is negation of justice or contrary to good conscience, fair play and equity or prejudicial to the parties before the Tribunal. The practice and procedure ......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ..Category: Administrative Law | Date: | Hits: 95
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......43 BLD (AD) 215. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 991 of 2004. (From the judgment and order dated 2.5.2004 passed by t......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......02 under C.S. Khatian No. 160 corresponding to Petty Khatian No. 20, S. A. khatian No. 170 and R.S. Khatian No.192 under Mouza 176 Bara Asrafpur in Police Station Shibpur, District Narshingdi. The trial court, after hearing, decreed the suit. On appeal the appellate court, upon hearing, dismisse..Category: Property Law | Date: | Hits: 26
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....h could not be specifically enforced; the breach of contract for personal service can not be restrained by court ordering an employer to retain the employee in the service as it is the prerogative right of the employer to discharge his employee and the Court can not compel a person against his w......k Ltd. vs. Md. Arab Ali 7 BLC (AD) 1. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 418 of 2005. (From the judgment dated 6.7.2004 by the High Court Div......etter dated 15.4.1998 he was charged for misappropriation and negligence; the plaintiff submitted his reply on 27.4.1998 but the same not being found satisfactory an inquiry team was formed; after fair and impartial inquiry the enquiry team submitted report finding the plaintiff guilty; then by ......issal dated 6.10.1999 passed by defendant No. 3 is illegal, void and not binding upon the plaintiff and that he be restored in his earlier position with salary and all other benefits. 3. The trial court, after hearing, decreed the suit on the finding inter alia that the plaintiff was dismi..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ently held that the plaintiffs have miserably failed to prove their possession either as bargader under Haribhushan Debnath prior to purchase or after alleged purchase from Haribhushan in their own right. 9. The learned Counsel for the respondents at the time of hearing of the appeal place......aking the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 in the 2nd Court of Assistant Judge, Comilla Sadar against the defendant No.1 and others for declaration that the sale deed dated 17.05.1969 said to have been executed and registered by th......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......ted 17.05.1969 in favour of the defendant No.1, the plaintiffs created false kabalas dated 06.04.1974 and 11.04.1974 and the plaintiffs never entered into possession of the suit land. 4. The trial court dismissed the suit. On appeal in Title Appeal No. 142 of 1978 the appellate court dismi..Category: Property Law | Date: | Hits: 25
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... land accreted to the C.S. Plot Nos. 670, 671, 674, 675, 676 and 250 to the defendant Nos. 6-8 and since settlement they are in continuous possession and thereupon held that the plaintiffs have no right, title and interest in the accreted land. The trial Court further held that since the land wa......cres. 2. It is the case of the plaintiffs that land measuring 2.95 acres is the accretal land to the C.S. Plot Nos. 670, 671, 674, 675, 676 and 250 and that as the said land accreted to the aforesaid plots which were owned and possessed by plaintiffs, as such they are legally owners of th...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ...... Ruhul Amin J. - This is a defendants' appeal by leave against the judgment dated February 26, 1997 of the High Court Division in First Appeal No.206 of 1996 sending back the suit on remand to the trial Court upon setting aside the judgment and decree dated April 27, 1996 of the Court of Subordi..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....such, if fresh trial takes places in pursuance of the Sessions Judge's order dated 26.11.1996 in Criminal Miscellaneous Case No.353 of 1996, such prosecution will be a violation of the fundamental right guaranteed to the appellant under Article 35(2) of the Constitution of the People's Republic ...... of the People's Republic of Bangladesh upon the respondents to show cause as to why the order dated 26th November, 1996 passed by the Sessions Judge, Noakhali in Miscellaneous Case No.353 of 1996 for fresh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......eople's Republic of Bangladesh upon the respondents to show cause as to why the order dated 26th November, 1996 passed by the Sessions Judge, Noakhali in Miscellaneous Case No.353 of 1996 for fresh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should not be de..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....kim Chandra Chakravarti reported in 9 DLR 362, a Division Bench of the Dhaka High Court observed that "if the objection is taken at an earlier stage of the proceeding, then steps must be taken to set right the defect and to proceed with the case after the examination of the complainant". 16. Almo...... Joynul Abedin J. - This appeal by leave arises out of the judgment and order dated 19.4.2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.732 of 2000 filed for quashing the proceedings in S.T. Case No. 381 of 1999 now pending before the learned Additional ...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ...... Chief Metropolitan Magistrate by the order dated 6.12.1995 and there upon issuing of process against the accused and thereafter sending of the case to the Metropolitan Sessions Judge, Chittagong for trial without examining the complainant under section 200 of the Code of Criminal Procedure by himse..Category: Criminal Law | Date: | Hits: 105
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....dhury did not pay rent and as such certificate case has been started. It was the case of the defendant No. 5 that the land shown in 'Ga' schedule went under water and as such the plaintiffs have no right, title and possession. 4. The trial Court dismissed the suit on the finding that the ......ondents Judgment August 29, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 917 of 2005. From the Judgment and Order dated May 9, 2005 passed by...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......te case has been started. It was the case of the defendant No. 5 that the land shown in 'Ga' schedule went under water and as such the plaintiffs have no right, title and possession. 4. The trial Court dismissed the suit on the finding that the suit filed challenging the legality of the ..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
.... he made a gift of .32 acres of land from Plot No.10 to his wife by the Heba deed and the remaining portion of the land devolved upon the heirs of Nasiruddin after his death and the last record of rights was correctly prepared in the name of the heirs of Nasiruddin. They further contended t......e present Mutwalli and disclosed that the defendant No.1 claimed the suit land on the basis of the gift made by his mother on 26.06.1934. The plaintiffs contention is that the said deed of gift is forged, fabricated and fraudulent and has been created to grab the suit land. 3. The de......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......pared in the name of the heirs of Nasiruddin. They further contended that the plaintiffs have no right, title, interest and possession in the suit land. 4. The trial court dismissed the suit and on appeal, the suit was sent back on remand for fresh hearing. T..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....uit plot and that on 13-10-1972 defendant No.3 also sold .98 acres of land from the suit plot to defendant Nos. 1 and 2. 3. Defendant Nos. 1 and 2 by filing a joint written statement denied right, title, interest and possession of the plaintiffs in the suit land. Their case, in short......p; Syed J. R. Mudassir Husain CJ.- This appeal by the defendant Nos.1 and 2 arises out of the leave granted on 21-08-1997 in civil petition for leave to Appeal No.567 of 1994 against the judgment and order dated 28th June, 1994 passed a S......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......07-1969 sold the said land to defendant No.3, who by a Kabala dated 13-10-1972 sold .98 acres of land to defendant Nos.1 and 2. Defendant Nos. 1 -3 have been possessing the suit plot. 4. The trial Court dismissed the suit holding, inter alia, that it was barred by limitation bei..Category: Property Law | Date: | Hits: 21
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......rd-For the Petitioners Munsur Habib, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-23. Civil Petition for Leave to Appeal No. 1472 of 2005. (From the judgment and order dated 24th April, 2005 pa...... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ...... Hakim and Kazi Abdul Halim, respectively the defendant Nos.2,4,4(a) and 13 of the above suit; the above vendees of the said sale deed i.e. Hosne Ara and others appeared and contested the suit; the trial court after hearing, decreed the suit on 18.4.1978 holding that the above Sale Deed No: 4979 ..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
.... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ......nior Advocate (with A. Q.M. Safiullah, Advocate) instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 187 of 2007. (From the judgment and order dated 21-01-2007 passed by...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ......uted and registered on 20-11-1998 and owning and possessing the same opening separate holding for the same. The preemptees have spent Tk.2, 50,000/- for development of the suit land. 5. The trial Court upon hearing the parties dismissed the aforesaid preemption case on 29-05-2002. Against..Category: Property Law | Date: | Hits: 26
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ...... allowing the revisional application summarily. 2. Short facts are that the plaintiff instituted Other Class Suit No.39 of 1998 in the Court of Senior Assistant Judge, Kishoreganj Sadar for declaration of title and recovery of khas possession of the second schedule land claiming title......osing a revisional application summarily without issuing any Rule and behind the back of the affected party without affording any opportunity to place his case which is neither legal nor fair. 9. In view of the discussion above, we are of the view that the High Court Division co......the second schedule land claiming title and ownership of the land. The suit was contested by the defendant, by filing written statement denying the material allegations made in the plaint. The trial court by judgment and decree dated 29.10.2000 decreed the suit against which the defenda..Category: Property Law | Date: | Hits: 71
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....suit and as such the plaintiffs suit is liable to be dismissed. 4. The trial Court dismissed the suit on the finding that plaintiff miserably failed to establish his case and that he has no right, title, interest and possession in the land in suit. 5. On appeal the judgment and decr......t 24, 2006. Lawyers Involved: Md. Bodruddoza, Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 813 of 2005. (From the Judgment and Order dated April 17, 2005 passe......appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ......the kabala dated March 28, 1967 to the defendant Nos.4 and 5, that the defendants are in possession of the land in suit and as such the plaintiffs suit is liable to be dismissed. 4. The trial Court dismissed the suit on the finding that plaintiff miserably failed to establish his case..Category: Property Law | Date: | Hits: 24
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
.... the plaintiff has got no land and structure in the suit land; the defendant No.6 had also no legal interest in the suit land and if the plaintiff got any land from him the same did not confer any right, title and interest upon the plaintiff. The trial court, after hearing, decreed the suit and ...... July 2, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1594 of 2005. (From the judgment and order dated 2nd May, 2005 passe......firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ......he suit land; the defendant No.6 had also no legal interest in the suit land and if the plaintiff got any land from him the same did not confer any right, title and interest upon the plaintiff. The trial court, after hearing, decreed the suit and directed defendant Nos. 1-4 to deliver khas posse..Category: Property Law | Date: | Hits: 23
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ...... by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1491 of 2005. (From the judgment and order dated 18.4.2005 passed by......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ...... Tk.2,66,500/-by installments which is evident from the bainanama itself and its back page and separate receipts and the execution of those has also not been denied by the petitioners and the trial Court, considering all these facts minutely, decreed the suit. 5. We are of the view th..Category: Property Law | Date: | Hits: 26
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