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A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
....rticulars of the heirs of the deceased defendant No.3 since the defendant No.1 brought before the Court fact of death of the defendant No.3. It was also the contention of the respondent No.2 since right to sue survives, even if one of the defendants said to have died before the filing of the sui......n, Advocate-on-Record- For the Respondent No. 2. Civil Petition for Leave to Appeal No. 994 of 2004 (From the Judgment and Order dated January 21, 2004 pass...... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......ourt Division that the suit having been filed against the dead person, is a nullity in the eye of law and consequent thereupon as no suit lies against the defendant No. 3 the direction given by the trial Court for furnishing particulars of heirs of the defendant No.3 was not legal. 6. It w..Category: Civil Law | Date: | Hits: 105
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The pre-emptee having failed to prove that the pre-emptor was offered to buy the case land in the first place and he refused to buy the same and consented to the sale no question of waiving his right arises. [Obiter] Right of pre-emption accrues to the pre-emptor only afte...... waiving his right arises. [Obiter] Right of pre-emption accrues to the pre-emptor only after the case land is sold to the purchaser pre-emptor by its owner. It does not arise before sale and any such right before sale is an inchoate and immature right. Therefore no conduct of......escence or waiver. 'Acquiescence' arises when a person knowing that he has an enforceable right but neglects to enforce the same for such a long time that the other person opposing such right may fairly infer that he has waived or abandoned it. It is failure to object to certain transaction ......nd to pre-emptee Md. Dewan Ali by a registered sale deed and the pre-emptor Md. Jasimuddin delivered possession of the case land to the pre-emptee Md. Dewan Ali. 4. In this background, the trial court heard the preemption case and dismissed the same on the finding, inter alia, that befor..Category: Property Law | Date: | Hits: 32
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....the same and they paid rents, taxes and other charges and they constructing a semi pucca tin shed building therein rented it to different bharatias and in the Mohanagar Settlement their names were rightly recorded and the objection filed by the defendant against the above recording was also ulti......structed by Sufia Khatun, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul Huq, Advocate on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 555 of 2005. (From the judgment and order dated 2.3.2005 passed by th......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ......d mutated his name and he paid rents, taxes and other charge and the plaintiffs have no right title and possession in the suit land and the plaintiffs instituted the suit with ulterior motive. The trial court, after hearing, decreed the suit with a direction to handover the possession of the sui..Category: Property Law | Date: | Hits: 23
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ...... the conviction under Section 420 of the Penal Code and enhancing the period of sentence from 3 months to 6 (six) months and fine of Tk. 1000.00 to 2000.00 in default to suffer simple imprisonment for 1 (one) month more passed by the learned Metropolitan Magistrate, Dhaka convicting the appellan......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ......plain examined the complainant under Section 200 of the Code of Criminal Procedure and took cognizance against the accused under Section 406/420 of the Penal Code. The case was ultimately ripe for trial. The trying Magistrate framed charge against the accused under Section 406/420 of the Penal C..Category: Criminal Law | Date: | Hits: 42
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......ocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners (In both the cases) Not represented- Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 314-315 of 2005. (From the judgment and order dated 24.5.2007 passe......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......om the above property were not abandoned property; further whether the petitioners, in connivance with the other accuseds, committed the offence is a matter of evidence to be decided at the time of trial. Further section 195(1) of the Code of Criminal Procedure does not provide a bar to initiate ..Category: Criminal Law | Date: | Hits: 43
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
.... were created and as such the pre-emptor 7. The learned Advocate-on-Record for the petitioner rather conceded to this position. 8. In our view, the High Court Division, here/ore, was right in making the Rule absolute. Accordingly, the leave petition is dismissed. ......o. 1. Not represented- Respondent Nos. 2-26. Civil Petition for Leave to Appeal No.108 of 2006. (From the judgment and order dated 13.08.2005 passed by ......s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ......R. Khatian No. 804/2 and M.R.R. Khatian No.870. Thus the original jama was split up and the pre-emptor is a stranger to the said holding. Hence the pre-emption case is liable to fail. 4. The trial court allowed the pre-emption case. On appeal in Miscellaneous Appeal No.8 of 2004 the same w..Category: Property Law | Date: | Hits: 29
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ...... 2008, 126. ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ...... has not yet been submitted which is the result of investigation in the instant case, the genuineness of the document whether it is forged one, which is a moot question to be decided on full dress trial. Therefore, the submissions of the learned Advocate for the petitioners appear to have got no..Category: Criminal Law | Date: | Hits: 39
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......air Farooq, Senior Advocate, instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioner None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 20......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......; Zaman friend of accused Abdur Razzak. 4. After investigation police submitted charge sheet accusing 4 (four) accused including the petitioners. 5. The prosecution in course of trial examined 12(twelve) witnesses in all and the defence examined none. 6. The defence case..Category: Criminal Law | Date: | Hits: 40
Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)
....irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. .................... Respondent Judgment August 5, 2007. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record- For the Petitioner. Not represented- For Respondent. Criminal Petition for Leave to Appeal No. 138 of 2005 (From the Judgment and Order dated January 9, 2005 passed by ......irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ......as filed against the judgment and order dated January 25, 2001 of the Court of Divisional Special Judge, Rajshahi Division, Rajshahi in Special Case No. 1 of 1998 (Rajshahi). The appellant was put on trial to answer the charge under sections 409/468/477A of the Penal Code read with section 5(2) of t..Category: Anti-Corruption Laws | Date: | Hits: 111
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....lent in the town of Mymensingh allowing sale of possession by a tenant in favour of any person, the law does not recognize any such sale of possession and the vendee thus does not acquire any valid right as a tenant. 15. In such view of the matter, we are of the clear opinion that no noti......d- For Respondent No.1. Not represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 429 of 2005 (From the judgment and order dated 04.12.2004 passed by......the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......ecame tenant of the premises and that no notice was issued upon him terminating the tenancy and that there was no cause of action for the suit and the suit was liable to be dismissed. 6. The trial court recorded evidence of parties and dismissed the suit. 7. The High Court Division ..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......ate-on-Record- For the Petitioner. S. M. Monir, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- For Respondent No. 2. Civil Petition for Leave to Appeal No. 599 of 2005. (From the judgment and order dated 13th March, 2005 passed b......termining the tenancy from 1st April, 1996 and that, by that notice the defendant No.1 was asked to hand over the vacant possession of the suit premises to the respondent on the expiry of March, 1996 fairing which the defendant No.1 shall be treated as trespasser in the suit premises from 01.04.1996......s to one Mr. Dilip Kumer though later as DW 2 of the S.C.C. suit stated in his deposition, that he and his brother Swapan Kumer are the managers of the hotel under the petitioner and accordingly, the trial Court on consideration of the evidence on records and exhibits dismissed the plaintiff's suit ..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....dlords and in the remark column the property was shown as vested property, that on obtaining final R.S. khatian the plaintiff came to know on October 31, 1991 about the preparation of wrong record of right and thereupon he filed Other Class Suit No.61 of 1992 but withdrew on June 15, 1993 the same s......ucted by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- For Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.1376 of 2004. (From the Judgment and Order dated June 19, 2004 passed by ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......njoying the property and the plaintiff has no right, title and interest in the land in suit, that the plaintiff has created forged and fabricated papers to grab the land of the Government. 9. The trial Court dismissed the suit on the findings that in R.S. Khatian 5.35 acres of land has been reco..Category: Property Law | Date: | Hits: 29
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....hat no one should be dealt with to his prejudice or deprived of his liberty without giving him an opportunity of being heard and making his defence. In that view of the matter, when a statute gives a right of appeal it should be understood as silently implying, when it does not expressly provide, th....... Fazlul Karim J, Md. Joynul Abedin J and Md. Abdul Matin J, I agree with the judgment delivered by my brother Md. Joynul Abedin J. Md. Fazlul Karim J.- These two Appeals, by leave upon a petition for review, are directed against the allowing the Criminal Appeals convicting the petitioners under ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......formation report was lodged by him on 27-3-1990 and after investigation he submitted charge sheet against the respondents and acquitted accused under sections 302/307/201/34 of the Penal Code. During trial 22 witnesses were examined by the prosecution PW Bimal Kumar Das being the informant as well a..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
.... land to Hazaribagh Tannery Masjid from the said plot on 15-10-1985. Defendant No. 28 gifted 0.09 acre of the suit plot to his wife, which he had purchased on 15-64987. The plaintiff thus being the rightful owner of 0.02 acre of the suit plot has possessed the same in ejmali making con......Respondent Nos. 2 and 4-38. (In Civil Petition No. 1164 of 2005). Md Nawab Ali, Advocate-on-Record—For the Respondents. Not represented—Respondents. Civil Petition for leave to Appeal Nos.1163 & 1164 of 2005. (From the judgment and order dated 16-4-200......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......me plaintiff having been heard together and disposed of by a common judgment by a Single Bench of the High Court Division making both the Rules absolute upon sending back the suit on remand to the trial Court for disposal and therefore, both the leave-petitions are heard together and disposed of..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......wyers Involved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners Not represented—The Respondents Civil Petition for Leave to Appeal No.132 of 2001. (From the Judgment and order dated 14-8-200 passed by th......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......;pensation roll in the name of Sree Krishna Soni has already been prepared and the same has been published in the Gazette and that notices were served on Sree Krishna Soni and others. 4. The trial Court, in the light of the material on record, decreed the suit. The defendants took appeal t..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......p; MM Ruhul Amin J. - By this petition the petitioner seeks review of the judgment dated 5-12-2007 passed in criminal petition for leave to appeal No. 428 of 2006 dismissing the petition. 2. Short facts are that the com......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ...... the learned Counsel for the petitioner and perused the impugned judgment and other connected papers on record. 6. The learned Counsel submits that the High Court Division observed that the trial Court (Additional District Magistrate) had no jurisdiction to frame charge under section 307 ..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....in the names of the plaintiffs but subsequently, it was wrongly prepared in the names of the heirs of the ex-landlords, the defendant Nos.3-10, but the plaintiffs paid rents and the records of right so prepared are wrong and without any foundation. 4. It was further stated that on 15-......tioner. ASM Khaliquzzaman, Advocate-on-Record—For Respondent Nos. 1-6. Enayatur Rahim, Advocate instructed by AKM Shahidul Huq— For the Respondents. Civil Petition for Leave to Appeal No. 632 of 2005. (From the judgment and order dated 27-7-2004 passed by t......w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......ons and perused the materials on record. 12. In view of the persistent contention of the learned Advocate as to the necessity of revaluation of the suit property, we are of the view that the trial Court shall be at liberty to consider the matter of valuation of the suit property at the tim..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
.... fide. 31. Thus after consideration of the materials on record and after hearing the learned Advocate of both sides I hold that the Administrative Tribunal and the Appellate Tribunal rightly found that the dismissal of the respondent is illegal and I fully agree with their findings......17-7-1993. The present respondent primarily contended that allegations against him were vague and indefinite that no notice of the third enquiry was given to him that there were no specific points for further and the respondent was not informed anything such points for further enquiry and that n...... Minister and got their approval for dismissal of the respondent. From the conduct of the concerned authority it appears that they were bent upon to dismiss the respondent from service by any means fair or foul, wanted to get rid of this man and for that end in view they put on indirect pressure......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..Category: Administrative Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....t of that centre and illegally and under a misconception rejected the valid ballot papers of the appellant at the said centre (without even seeing them). 16. Khandaker Mahbubuddin Ahmed has rightly pointed out that the impugned judgment of the High Court Division is a disjointed exercise ......icial mark and counterfoil is also to be stamped accordingly but during rush that follows a brisk polling it may not be possible to follow the same in full in letter and spirit and may have to opt for satisfying such requirements in substance by putting official mark on the back of the ballot pa...... this Order and the rules, shall be responsible for maintaining order at the polling station and shall report to the Returning Officer any fact or incident which may, in his opinion, affect the fairness of the poll Provided that during the course of the poll the Presiding Officer may entrust......of the appellant obstructed the aforesaid voters. (iv) The names of the voters who had been allegedly obstructed have not been mentioned in the election petition. (v) At the trial a new case has been sought to be made out, namely, that Hindu voters of Samantogati villag..Category: Election Law | Date: | Hits: 126
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ...... by the erstwhile High Court of East Pakistan in First Appeal No. 41 of 1960) Judgment Mahmud Husain CJ.- This appeal by special leave by the plaintiffs arise of out a suit instituted for recovery of a sum of taka 1,08,127.00 as compensation for the loss, caused to them by Irrigatio...... the performance of the contract ahs been rendered impossible on the happenings of the event which was due to the action of the respondent. The court of law must consider as to what amount would be fair and reasonable to compensate the appellants when admittedly they incurred loss. 6. The ...... which they would have made provisions if its possibility could not be foreseen. So, in our view the case of the appellants claiming compensation should be decided on the evidence on record by the trial court which if considered necessary may allow the parties to lead fresh evidence to determine..Category: Civil Law | Date: | Hits: 89
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