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.... observed in paragraph no:-
"5. Mr. Md.
Jani Alam, leaned Advocate appearing on behalf of the preemptor opposite party
No.1 submits that the State Acquisition Khatian
having recorded the disputed land in the name of the pre-emptor it should be
presumed that the pre-emptor is a co-share......nquiry
in respect of the title of the pre-emptor, rather it only require to consider
incidentally whether the pre-emptor is a co sharer tenant by inheritance, by
purchase and whether the tenant is holding land contiguous to the land transferred............(18)
Cases Referred to-
Hal..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
....st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ......er the tender notice is illegal, what the other relief or relives plaintiffs are entitled and whether plaintiffs entitled to get the decree. 7. Learned Judge dismissed the suit of the plaintiffs holding that the plaintiffs did not acquire any title by adverse possession. Against this finding pl..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Dr. Mohiuddin Khan Alamgir Vs. ACC and another, 2009, 38 CLC (HCD)
....d. Since the appellant is on bail, let him be released from the bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 107. ......thorised to make investigation on the allegation as set out in the FIR. 13. After 53 days of investigation Ms. Sharmin Ferdousi submitted charge sheet on 29-4-2007 stating that the appellant was holding six FDRs valued at Taka 1.17 crore beyond the known source of income of the appellant. The a..Category: Anti-Corruption Laws | Date: 13 Jul, 2009 | Hits: 286
.... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
......uit No.05 of 1996 in the third Court of Senior Assistant Judge, Dhaka, impleading the petitioner as defendant for ejectment from the shop room measuring an area 12' x 4' x 6" situated in holding No.68 of Shakhari Bazar, Dhaka.
3. Plaintiffs case put in a nutshell are that the defen..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... put in the Bainanama and the specimen signature put by her in front of the Court was identical. The learned Court was fully empowered to compare and tally the signature and hand writing of person if disputed under Section 73 of the Evidence Act. In this connection I like to cite the decision in the...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (AD)
....9 of 2001 are hereby declared to have been passed without lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. ...... qualified Assistant Engineer to cater the vacant post i.e. to fill up the existing vacant posts but when the authority got qualified Assistant Engineer the old principle was stopped. Since Engineers holding AMIE/BSc were available for promotion maintaining the 1/3 quota 33.33% of the total sancti..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 256
Bangladesh Power Development Board & others Vs. Abu Bakar Siddique & anothers, 2009, 38 CLC (HCD)
....ithout lawful authority and is of no legal effect. Accordingly, the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 214. ...... qualified Assistant Engineer to cater the vacant post i.e. to fill up the existing vacant posts but when the authority got qualified Assistant Engineer the old principle was stopped. Since Engineers holding AMIE/BSc were available for promotion maintaining the 1/3 quota 33.33% of the total sancti..Category: Employment/Service Law | Date: 3 Jun, 2009 | Hits: 3
Emran Ahmed & 20 anothers Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....iority, back wages and other privileges within 30 days of receipt of a copy of this Judgment. There will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 213. ......ioners are declared to have been passed without lawful authority and are hereby struck down. The respondents are directed to reinstate the petitioners in their service in the posts that they were holding at the time of receipt of the respective impugned orders with seniority, back wages and othe..Category: Employment/Service Law | Date: 2 Jun, 2009 | Hits: 35
Ehtesamur Rahman Vs. The State & Others, 2009, 38 CLC (HCD)
....formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ......formation and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 399. ..Category: Procedural Law | Date: 19 May, 2009 | Hits: 1
State Vs. Anjali Debi alias Monju Debi, 2009, 38 CLC (HCD)
....ent to Begum Amirun Nesa, the then Judge of Nari-o-Shishu Nirjatan Daman Tribunal, Pabna, immediately at her present posting. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 738. ......irajul Islam, in his examination-in-chief, stated that, at the relevant time, he went to the pond of brickfield of Kalam and saw a woman coming with a child and further noticed that she was coming by holding the hand of the child. He further noticed that, another woman from close distance came shout..Category: Women and Children | Date: 5 May, 2009 | Hits: 75
Zahed Hossain (Md.) Vs. State and another, 2009, 38 CLC (HCD)
....t be quashed and the same may continue as well. I like to add the above few words in support of my learned brother and I agree. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 386. ...... and between same parties is not permissible, rather there is no provision of single trial in this Act. 41. Moreover, section 233 of the Code of Criminal Procedure does not completely debar from holding joint trial. This section has some exceptions. Section 235 is exception to the general rule ..Category: Procedural Law | Date: 29 Apr, 2009 | Hits: 135
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......f the contract in the Court at the time of filing of the suit and having not done so the learned Joint District Judge committed error of law occasioning failure of justice in not rejecting the plaint holding that the aforesaid amendment of the provision of law is not applicable in this case. 12. ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Dr. M. A. Yahia Vs. Md. Abdul Quader and others, 2009, 38 CLC (AD)
....therefore, no substance, in the leave petition and the same is dismissed accordingly. Ed. Case is also Reported in: 14 MLR (AD) (2009) 235; 29 BLD (AD) (2009) 59; 14 BLC (AD) (2009) 109. ......and other materials available on record. 8. The learned Judges of the High Court Division made the Rule absolute on discussion and proper consideration ,of the fads and law involved in the case holding that a registered deed of lease of immovable property for 99 years could only be determined ..Category: Property Law | Date: 15 Apr, 2009 | Hits: 36
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
.... have prayed for confirmation of possession but that having not been done the maintainability of the suit is called in question. Besides, D.Ws.4 and 5 identifier and witness respectively- of the disputed deeds have proved the execution of the deeds by the donor. D.W.6 was present when the said ...... Amena Khatun and as such she was the best and most reliable witness in the case to testify the veracity of the plaintiffs' claim but mysteriously she has not been examined in this case. Withholding of such an important witness gives rise to presumption that had she been examined she would ..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....gain decreed in part. Against which First Appeal No.270 of 1981 was filed and the suit was remanded to the trial court with a direction for comparison of signatures of the defendants appearing in the disputed agreement with those in the written statement and thereafter the trial court decreed the ......rt Division in disposing of the F.A. No.270 of 1981 in which a fresh trial of the suit was directed. 7. The learned Advocate further contended that the High Court Division acted illegally in not holding that the plaintiff-respondent did not produce adequate and conclusive evidence in respec..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Aysha Begum Vs. State, 2009, 38 CLC (HCD)
....er to the Deputy Commissioner, Narayanganj and Superintendent of Police Narayanganj for their information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 493. ...... fees realisation card and money receipts issued by the victim's school he held that those did not contain the seal and signature of the Principal and Collector of the dues. He discarded her passport holding that instead of Nurun Nahar Auntu her name was recorded in the passport as Auntu only. He al..Category: Women and Children | Date: 12 Mar, 2009 | Hits: 23
Mohammad Mosharraf Hossain Vs. Golam Mohamad and another, 2009, 38 CLC (AD)
.... legal notice, no cause of action arose to file the case and so no offence under section 138 of the Act has also been disclosed but whether the petitioner received the legal notice or not is merely a disputed question of fact and the same should be decided at the trial and the plea of the petitioner......rd the learned counsel and perused the petition, the impugned judgment and order of the High Court Division and other connected papers. 3. As it appears the High Court Division discharged the Rule holding that the petitioner issued cheques on 27.8.2006 and 26.10.2006 and those were lastly dishono..Category: Banking Law | Date: 26 Feb, 2009 | Hits: 150
A. J. M. Helal & others Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rom the accused about 2 (two) months before filing of the petition of complaint under section 138 of the Act and as such the judgment and order of conviction can not be sustained in law. 38. The disputed questions of fact such as the blank cheque and other goods were forcibly taken away by......surrender their respective bail bond within 2 (two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 264. ..Category: Corporate Law | Date: 9 Feb, 2009 | Hits: 5
AJM Helal Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....rom the accused about 2(two) months before filing of the petition of complaint under section 138 of the Act and, as such, the judgment and order of conviction cannot be sustained in law. 40. The disputed questions of fact such as the blank cheque and other goods were forcibly taken away by the ......rs are directed to surrender their respective bail bond within 2(two) months from date. Communicate this judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 479. ..Category: Civil Law | Date: 9 Feb, 2009 | Hits: 45
Sontosh Kumar Shaha Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
.... a remedy for all wrongs. It is available only when "no other equally efficacious remedy is provided by law". Delay will defeat this remedy. Directions etc. will ensue only from undisputed facts. Disputed questions of fact will not be entered into. It does not lie to enforce mere......3(d)(16) of the High Court Division Rules and why the Memo issued by the Respondent No.1, being Memo No.671-Bichar-1/4(d)/2000 dated 20.11.2003, show cause notice (Annexure-N) order of suspension and holding of Departmental Proceeding Case No.3 of 2000 and 4 of 2000 should not be declared to ha..Category: Administrative Law, Constitutional Law | Date: 5 Feb, 2009 | Hits: 2
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