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Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
.... Kabir Chowdhury J.- This appeal by leave is directed against the judgment and order dated 14.03.2000 passed by the High Court Division in Writ Petition No. 2871 of 1999 making the rule absolute in part. 2. The facts, in brief, leading to the appeal are that the respondent, Bangladesh Secr......nd that the inhabitants were detained in the vagrant homes at Kashimpur and that the respondents released them thereafter paying a sum of TK. 5,000/- plus a sewing machine or alternatively on payment of consolidated sum of Tk. 7,000/- to each of the inmates. The writ petitioner further......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
.... rent Tk. 200/- for each of the shop rooms. In the agreement between the landlord and the tenant, there was a clause whereby the tenant was given right to sell the possession of the suit shops to 3rd party. It was the definite case of the tenant that he purchased the possession of the suit shop ro......dant is not a monthly ejectable tenant as per the agreement, that he purchased the possessory right of the shop at a consideration of Tk.95,000/- and running medicine business there, that in spite of payment of rent regularly the plaintiff did not grant receipt and thereupon he filed the House Rent ......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...Category: Tenancy Law | Date: | Hits: 180
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....Aftab Hossain, Advocate-on- Record-For the appellant. A.W.Bhuiyan Additional Attorney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-3 Ex parte-Respondents no.4 Civil appeal No. 2 of 1993 (From the Judgment and Order dated......ontact with saline water. The appellant then submitted a representation on 12-6-91 before the National board of Revenue for necessary orders for allowing him to clear the said consignments without payment of any customs duty. He also filed an application under section 196B of the Act before the ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....Code of Criminal Procedure, as he was in the meanwhile taken into custody, to which he pleaded innocence and demanded trial. 4. The learned Sessions Judge, Manikganj, upon hearing the parties, found the condemned prisoner guilty under section 302 of the Penal Code and sentenced......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ..Category: Criminal Law | Date: | Hits: 71
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....llants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitl......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......sentences of imprisonment but his conviction and sentence of fine ware maintained. The respondent paid a fine of Tk. 1,50,000/-. After serving out the sentences of imprisonment and after payment of fine the respondent filed various representations to the Government for his re-instateme......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....Annexure "A") in favour of the respondent No. 4 and Notification No. AJRPOHO/Revenue/JA: MA/14/6/ 22(4)/ 9868 dated 22-4-1998 issued by the respondent No. 1 demarcating and declaring part of the petitioner's Tea Estate as Balumahal (Annexure'A(l)'). 3. Facts in the ba......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adalat is final and conclusive and the aggrieved party cannot invoke revisional jurisdiction of the civil court including the High Court Division u......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......ision and not writ petition was maintainable against an interlocutory order passed by Artha Rin Adalat. 2. Respondent No. 1, Pubali Bank Limited, disbursed certain amount of loan to the appellant for construction of commercial building (Supermarket) in Chuadanga town. The..Category: Banking Law | Date: | Hits: 157
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ted Abdus Samad Mondal to remove the structure and thereupon Abdus Samad Mondal claimed that he has share in the said land, and because of erection of tinshed there was serious bitterness between the parties, that at about 9.00 p.m. in the night following June 29, 1990 P.W.1 went to sleep in his nor......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ..Category: Criminal Law | Date: | Hits: 44
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....int District Judge, 3rd Court, Dhaka in Title Suit No. 174 of 2002. 2. Brief facts are that the petitioner, as plaintiff, instituted the above suit on 6.11.2002 for declaration of title and partition of the suit properties as shown in 'Ka' and 'Kha' schedule of the plaint on the averments......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......asted in as much as 'Ka' schedule properties are mortgaged with Arab Bangladesh Bank and 'Kha' schedule properties are mortgaged with House Building Finance Corporation, both against huge amount of loan, and those loans have not yet been repaid and the defendants are also setting up new tenants b..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....ts are that the petitioner filed Election Petition Case No. 3 of 2003 in the Court of Assistant Judge, Muladi, District-Barisal and Election Tribunal for declaration that the election of the opposite party No. 1 for the office of Chairman of No. 4 Gachua Union Parishad, Muladi, District-Barisal was ......d that he has availed loan of Tk. 25 lac from the Janata Bank Corporate Branch, Dhaka in 2002 repayable in 10 years and he paid 6/7 installments. Therefore, he is neither a defaulter nor defaulted in payment of monthly installments to the Bank and the bank has not instituted loan case in any court a......pposite party No. 1 for the office of Chairman of No. 4 Gachua Union Parishad, Muladi, District-Barisal was void and the petitioner declared elected, on the ground, that the opposite party No.1 was a loan defaulter of Janata Bank, Corporate Branch, 110, Motijheel C/A. Dhaka in addition to other grou..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
.... defendant. The defendant got the land mutated in his name and possession on payment of rent to the Government. 4. The learned Joint District Judge, 2nd Court, Narayangonj, after hearing the parties decreed the suit on 31.12.2002 in favour of the plaintiff and directed the plaintiff to fil......sion. The said Golap Banu and Jainal Abedin then transferred the suit land by sale deed No.45789 dated 06.12.1979 to the defendant. The defendant got the land mutated in his name and possession on payment of rent to the Government. 4. The learned Joint District Judge, 2nd Court, Narayangon......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....filed against the judgment and order dated January 7, 2001 passed in Administrative Tribunal (Dhaka) Case No. 227 of 1992. The Administrative Tribunal (AT) by the said judgment allowed the case in part and thereupon declared that the petitioners are senior to the opposite party Nos. 4-11 in the ......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 125
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....rt Division also observed that the judgment in the criminal appeal was passed in presence of the petitioner. The High Court Division in disposing of the Rule also observed "The failure on the part of the petitioner to explain away the delay is a ground for refusing the prayer for condonatio......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....y, (1) Sheikh Elahi Bux, (2) Sheikh Abdul Karim and (3) Sheikh Abdul Nabi on 31.05.1917. Subsequently on 16.04.1943, Sheikh Elahi Bux and Sheikh Karim got the suit land in their favour by an amicable partition/family arrangement. Sheikh Elahi Bux died leaving two sons namely (1) Syed Hossain and (2)......d 298/303 appertaining to S.A. Khatian Nos.196 and 197. Such record of rights published sometime in 1964. On the basis of such record of right the plaintiff possessed the suit land exclusively on payment of rents on proper receipt exhibit 8 series. Similarly under the R.S. survey the suit land......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..Category: Property Law | Date: | Hits: 75
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
....y to Government. The S.A. Khatian was correctly prepared in his name. So, the suit was liable to be dismissed. The trial court on consideration of both documentary and oral evidence adduced by the parties decreed the suit by judgment and decree dated 04.02.1995. On appeal by the defendant being ...... her entire share i.e. suit land to the defendant Abdul Karim by a registered patta dated 09.03.1953 and delivered possession. Since then the defendants have been in possession of the suit land on payment of rent to the ex-landlord and subsequently to Government. The S.A. Khatian was correctly p...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
.... Raflque-Ul-Huq, Senior Advocate (Zafarullah Chowdhury, Advocate with him), instructed by Md. Ataur Rahman Khan, Advocate-on-Record- Respondent No. 4 (In both the appeals) Ex-parte- Respondent Nos.1-3 and 5 (In both the appeals) Civil Appeal Nos. 93 and 94 of 2002 ...... jurisdiction to compel due observance of the mandatory provisions of the Act and thus the Company Judge, therefore, order a company to deliver to a shareholder a copy of its register of members on payment of copying charges even though there is no express provision in the Companies Act authorisi......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... No.21 of 1999. 2. The petitioners as plaintiffs filed Other Class Suit No.593 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiyan held the disputed land m...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....redients which the plaintiff is required to prove in order to succeed in a suit for specific performance of contract, are that the bainapatra is genuine, consideration money passed between the parties and delivery of possession was given in pursuance thereof. In the case of Hafizur Rahman vs......to the plaintiff. 4. The learned Subordinate Judge (now Joint District Judge), after hearing, decreed the suit holding that the plaintiff proved the agreement for sale dated 29-11-76, payment of advance Taka 25,000 and also handing over of possession of the suit land by the defendan...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ...... refugees and also sanctioned loan of cash money to them for constructing house on the allotted land on certain conditions which, amongst others, provided that the land is not transferable before repayment of loan and getting final transfer deed as provided in Circular Nos. 414 dated 7-2-50 and ......ent acquired the suit land along with other lands for rehabilitation of refugees coming from India and the relief and rehabilitation authority allotted the said land to refugees and also sanctioned loan of cash money to them for constructing house on the allotted land on certain conditions which,..Category: Property Law | Date: | Hits: 37
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