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Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
.... of the suit property was a public road and due to failure of the plaintiffs to pay the salami their settlement was liable to the cancelled and as such the Additional Deputy Commissioner (Revenue) rightly cancelled the same. But the High Court Division illegally set aside the judgment of the low......1, 2006. Lawyers Involved: M. A. Mannan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 799 of 2004 (From the judgment and order dated 21.01.2004 passed by ......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......that the plaintiffs failed to pay the salami and so their settlement has been cancelled legally and that the defendant Nos. 4 and 5 purchased portion of the suit plot in auction. 4. The trial court by the judgment and decree dated 31.03.1991 decreed the suit. The defendants preferred ..Category: Property Law | Date: | Hits: 25
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......he Rule. 2. The respondent, as plaintiff, filed Money Suit No. 135 of 1990 in the Court of Subordinate Judge (now Joint District Judge), and Commercial Court No.1, Dhaka praying for decree for a sum of Tk. 25,80,14,191.00 against the defendant appellants towards compensation o......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......rdingly after lapse of six years they cannot seek local investigation when the value of machinery and stock has admittedly deteriorated and the High Court Division fell in error in holding that the trial court properly exercised its discretion. 4. As it appears the High Court Divisio..Category: Business or Commercial Law | Date: | Hits: 75
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....o the Tank No.1 and because of bursting of Tank No.1 Kerosene about 42,367 liters valued about Tk. 3,05,829.74 splited into the river. It is the case of the plaintiffs that their tanker was on the right position as per Navigation Rules and the accident took place because of the negligence o...... Private Limited Company (plaintiff No.1) is the owner of oil Tanker, M.V. Tapash (plaintiff No.2), that the said oil Tanker loaded with 4,06,000 liters of kerosene started from Fatullah Ghat for Bhairab Bazar and while reached near Baktabali Ghat within Police Station Fatullah district-Nar......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......hy;tion. Investigating Agency having found prima-facie case against the employees of the defendant No.1 submitted report for prosecution and the case was submitted to the Narayanganj Magistrate for trial, that the matter was also investigated by the Department of Shipping and report was submitted..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
....n of the proceeding, i.e. 13. 6.1993, in respect of the Respondent. It was also the contention of the learned Additional Attorney General that as regard the procedural law an accused has no vested right and the proceeding against the accused would be preceded as per provision of law as on the da...... Khan, Additional Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Appellant. Khan Saifur Rahman, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-for the Respondent. &...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......cedural law an accused has no vested right and the proceeding against the accused would be preceded as per provision of law as on the date of initiation of the proceeding as well as on the date of trial. In that regard the learned Additional Attorney General has referred to the case of A.K.M. ..Category: Criminal Law | Date: | Hits: 48
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ...... Abdul Baset Mazumder, Senior Advocate, with J. B. M. Hassan instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 307 of 2004. with Jail Petition No. 02 of 2005. (Fro......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ...... is total denial and his case, inter-alia, is that he is not responsible for, nor connected with the murder but has been falsely implicated in the case out of grudge and enmity. 7. The trial court in consideration of the evidence on record as well as facts and circumstances of t..Category: Criminal Law | Date: | Hits: 43
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....ner submits that on 26.10.1988 the parties entered into an agreement exhibited as exhibit-1 containing clause No. 1 wherein it was clearly stated that the plaintiffs transferred the possessory rights of the suit premise to the defendants petitioners for an amount of Tk. 3,00,000.00 (three l...... Md. Joynul Abedin J Md. Siddiqullah and others.........Petitioners Vs. Sufura Khatun and others.........Respondents Judgment May 20, 2007. Civil Petition for Leave to Appeal No. 970 of 2005 (From the Judgement and order dated 05.07.2005 passed by ......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......posited the rent to the rent controller on 19.02.1995 in rent deposit Case No. 6 of 1995 and that till today petitioners are regularly depositing the rent in the said rent deposit case but the trial Court without considering the exhibit and oral evidence illegally decreed the suit by misrea..Category: Property Law | Date: | Hits: 35
Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)
....n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ......s Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. N. H. Khandaker, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 992 of 2003 (From the Judgement and order dated 09.11.2002 passed by ......as a widow before her marriage with Alhaj Faruque Hossain and both of them has no children. The defendant No.1 was appointed as maid servant by the plaintiffs husband to look after the household affairs of said Alhaj Faruque Hossain and she was working till the death of late Alhaj Faruque H......j Farque Hossain and as a result Alhaj Faruque Hossain divorced her on 27.03.1983 by a registered Talaknama and married defendant No. 1 on 16.04.1983 by a registered Kabinnama. 4. The trial Court on consideration of the materials on record decreed the suit. On appeal in Title Appeal..Category: Family Law | Date: | Hits: 150
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....ame paying rents to the Government and that the suit filed by the plaintiff is false. 4. The learned Munsif (now Assistant Judge) decreed the suit in part on contest declaring the plaintiffs right, title in respect of 0.86 acres of land in R.S. Plot No. 712 against which the plaintiff pre.......82 of 1984. 2. The plaintiff-appellant filed Title suit No.3 of 1984 in the Court of the learned Munsif ( now Assistant Judge), Nazirpur Upazila, Pirojpur against the defendants-respondents for declaration of title in respect of several plots of land including R.S. Plot No.712 measu......he above, 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: IV ADC (2007) 680. ......ed by way of adverse possession. The plaintiff has neither produced any documentary evidence nor let any oral evidence to prove his right, title and interest over the suit land though the trial Court decreed the suit land in favour of the plaintiff but the Court of Appeal has modified t..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....nment, that there is passage over the suit plot No. 837 and the said path has divided the land of plot No. 837 in two parts, in one part .03 decimal of land, that recent revisional record of right has been prepared in respect of 13 decimals of land in the name of the plaintiff......ession in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ......, that during S.A.operation land was recorded wrongly in the name of Jairuddin, the defendants are claiming the land in suit by purchase from the successive heirs of Jitu Mondal. 5. The trial Court decreed the suit on the findings that plaintiff proved his case of possessing the land ..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....d Abdul Hafez Ahmed Talukder, their uncle, in the year 1351 B.S., took settlement of the same at a rental of Taka 14.50 and since then Abdul Hafiz Ahmed Talukder possessed the suit land on his own right and after his death the plaintiffs, as his heirs, had been possessing the suit land due to th...... of dated 30.7.1987 by the learned Assistant Judge, Fulbari, in Other Suit No.37 of 1986 decreeing the suit. 2. The appellants, as plaintiffs, filed the above Other Suit No. 37 of 1986 for declaration of their title in the suit land on the averments that the suit land originally belo......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......er, did accept the kabuliyats, Ext. Uma, on which the defendant relied and further the plaintiffs also proved their possession in the suit land on consideration of the materials on record the trial court duly found that the entry in the R.S. record is wrong and there is also no evidence to ..Category: Property Law | Date: | Hits: 28
Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)
.... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ............Respondens Judgment May 23, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-record-For the Petitioners. Not represented-Respondents. Civil Petition for Leave to Appeal No. 1666 of 2004. (From the Judgment and Order dated April 27, 2004 passe...... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ......o make out a case that the heba was not acted upon. The appellate Court upon allowing the appeal decreed the suit which was filed seeking cancellation of the heba dated June 25, 1986. 2. The trial Court dismissed the suit. The appellate Court reversed the judgment and decree of the trial C..Category: Civil Law | Date: | Hits: 102
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....s Shariat and at their instance the defendant No.1 the Additional Deputy Commissioner (Rev), Rangpur, by order dated 13.03.84 passed in Misc. Case (Shariat No.9 of 1983-84) cancelled the record of rights and declared the suit land as government khas land and directed the defendant No.2, the Than......olved: Omar Faruq, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Amir Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 132 of 2005. (From the Judgment and order dated 22.6.2003 passed by t......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......he plaintiffs is vague and based on fabricated papers and further since the kabuliyat was for one year only there is no legal basis of the claim of the plaintiffs after the expiry of one year. The trial court, after hearing, decreed the suit. The defendant Nos.1 and 2 filed appeal which, after h..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....n not be said that the plaintiff executed the said sale deed and thus the above deed is manufactured one; Ext.3, the sole-nama dated 21.1.1953 made in Rent Suit No. 685 of 1952 also shows the right, title and possession of the plaintiff in the suit land; since the evidence on record shows t......awyers Involved: Rabi Shankar Chakraborty, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1658 of 2004. (From the Judgment and order dated 29th June, 2004 pass...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......o registered Deeds of Sale dated 13.12.1956 the plaintiff transferred 261/2 decimals of land in favour of the defendants but now the plaintiff, with malafide intention, is denying those deeds. The trial court decreed the suit declaring that the Sale Deed No. 5666 dated 13.12.1956 as void, forged..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
.... of the schedule to the plaint it could not be said that the suit land was vague but the appellate Court totally failed to consider the said "Kalami Noksha”. Therefore, the trial Court rightly decreed the suit." 7. In the aforesaid premises, we find no legal infirmi......ondents Judgment August 28, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 425 of 2004 (From the judgment and order dated 26-06-2002 passed by t......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......Heba-bil-Ewaz deed dated 11-07-1985. In this way, defendant No.1 and 2 have been in possession of the specified area in the southern part of the suit land. 4. Upon hearing the parties, the trial Court decreed the suit by his judgment and order dated 26-06-2002 and against which, the peti..Category: Property Law | Date: | Hits: 23
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....t of party. 7. On appeal the appellate Court decreed the suit on the findings that Jebal Hossain acquired title in the land in suit on the basis of the deed of gift and that record of right was prepared upon leaving out the names of the heirs of Jebal Hossain and Hakim Jan Bibi. As ......06. Lawyers Involved: Kamal-ul-Alam, Advocate instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1183 of 2005. (From the Judgment and Order dated May 11, 2005 passed ......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ...... 1/8th share in the land described in the schedule and that the plaintiffs are entitled to 1/16th share in the land for the partition whereof suit for partition has been filed. 6. The trial Court dismissed the suit with the findings that the plaintiffs failed to prove the patta on t..Category: Property Law | Date: | Hits: 24
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ...... Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-record-For the Petitioners Md. Nawab Ali, Advocate-on-record-For the Respondent Civil Petition for Leave to Appeal No. 1475 of 2004 (From the Judgment and Order dated August 31, 2004 passe......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......nd that finally in the departmental proceeding plaintiff was found guilty and thereupon he was dismissed and his appeal having been found of no merit the same was rejected. 5. The trial Court decreed the suit on the findings that there has been violation of Rule 46(2) of the ser..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....ee passed in Suit No. 102 of 1958. It is true that the defendants or their predecessor were not parties in the suit. In our view, they were not necessary parties in the suit and as such they were not rightly made parties in the suit. He next submits that Exts. 7, 8(a), 9 and 12(b) were not properly ......y decreeing both the Title Suit Nos. 984 of 1962 and 134 of 1964. 2. Title Suit Nos. 134 of 1964 and 984 of 1962 were filed by the plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 r...... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......emises and Srish Chandra was benamder of Baidynath of the suit premises and the plaintiff-respondents acquired title to the same by purchase by kabala dated 04.11.1961 from Baidyanath Chatterjee. The trial court also disbelieved the case of settlement of the suit premises to defendant-appellants by ..Category: Property Law | Date: | Hits: 34
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....2005 and 50% of the deposit was made before such date and this, according of Mr. Ahmed satisfied the requirement of section 41(2) of the Ain. 9. He thereafter submits that the High Court Division rightly admitted the appeal for hearing and there being no illegality the appeal is liable to be dis......High Court Division admitting the appeal being F. M. A. No. 66 of 2005 and staying operation of the order dated 17.02.2005 passed by Artha Rin Adalat No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.50,000,00/- from respondent......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......ing the decision of the High Court Division holding, "At the time of tendering the memorandum of appeal before the High Court Division the appellant did not deposit half of the decretal amount in the trial court. Nowhere in Section 7 it is provided that such deposit beyond the period of 30 days from..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ......p; Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No.252 of 2005 (From the judgment and order dated 18.04.2005 passed by t...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ......rocedure both the confessing accused disclosed the fact of commission of rape on the informant by those three accused. 3. Police on completion of investigation submitted charge sheet. During trial prosecution examined 15 witnesses. 4. The defense case is that the accused have been ..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....of Mukul proceeded towards the place of occurrence with lathi etc. and tried to snatch away the accused Mukul from deceased Amzad and that in the course of scuffling Mukul dealt blows by sword on the right side of the chest of S.I. Amzad and caused fatal injury and S.I. Amzad fell down on the ground...... Lawyers Involved: Mohammad Ali Akonda, Deputy Attorney General instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner Not represented- For the Respondent. Criminal Petition for Leave to Appeal No. 233 of 2005. (From the Judgment and Order dated July 18, 2004 and July 1......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ......ons Judge, Natore by the same judgment acquitted 4 other accuseds of the charge leveled under sections 302/353/333/224 read with section 34 of the Penal Code. 5. The 5 (five) accuseds were put on trial to answer the charges under sections 302/353/333/224 read with section 34 of the Penal Code. ..Category: Criminal Law | Date: | Hits: 73
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