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Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....llant No. 6 that the property was duly acquired and compensation as per rule was paid and there is no provision for release of such acquired land even if remained unutilised. The Roads and Highways Department requires the land for expansion of bridge approach road to meet increased pressure of traff......gazette notification is published under section 5(7) of the Emergency Requisition of Property Act 1948, right, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10)...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....etition No. 349 of 1989 by its judgment dated 29.8.1989 the High Court Division gave a certificate that the matter involved a substantial question of law as to the interpretation of the Constitution, particularly Article 38 thereof. 2. In his Writ petition the appellant challenged the validity of...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....e courts has been made in disregard to the judgment of this Court in the cases of A.F.M. Shah Alam and others, reported in 41 DLR (AD) 68 and also in misconstruction of all relevant Election Laws, in particular, section 26 of the UP Ordinance, which provides that an election dispute may be deterÂmi......n papers were called for. Respondent-Plaintiff filed his nomination paper but it was rejected by the Returning Officer by an order dated 11 January 1988 on the ground that he was a defaulter for nonÂpayment of a loan taken by him from the Janata Bank; and there having been only one nomination paper...... called for. Respondent-Plaintiff filed his nomination paper but it was rejected by the Returning Officer by an order dated 11 January 1988 on the ground that he was a defaulter for nonÂpayment of a loan taken by him from the Janata Bank; and there having been only one nomination paper left, Appell..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....XXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding brought by the appellant of the will left by the deceased. The quest......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....t of an accused under s. 164(3) Cr.P.C………..(6) A man under the apprehension of death is not likely to speak falsehood and involve innocent persons in preference to his assailant. That is why particular sanctity is attached to such a statement and it is admissible as substantive evidence...â......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....en Birds and Company upon entering into an agreement with the then Pakistan National Oil Company and on the liberation of Bangladesh with the Jamuna Oil Company, that the lessee took the plaintiff as partner and executed a partnership deed on January 28, 1971 and thereupon previous proprietorship fi......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....ted by Sharifuddin Chaklader, Advocate-on- Record-For the Appellants (in all appeals) Nurullah, Senior Advocate, instructed by Md. Nawab All Advocate-on-Record-For Respondent No. 5 Ex-parte-Respondent No. 1 Not represented-Respondent Nos. 2-4 & 6-27 Civil Appeal N......nst the admitted tenants." 12. As to the S.C.C. suits the High Court Division found that the defendants of those suits (appellants in these appeals) were defaulters in making payment of rents and as such they were liable to be evicted from the premises as mentioned in those....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
.... Hamida Khatoon and another ...................Respondent Judgment May 20,1998 Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Ex-parte-For the Respondents. Civil Appeal No. 47 of 1995 (From the judgment and order ......e learned District Judge or the High Court Division that there was any illegality in the decree being passed in the ex parte manner but the decree itself was objected to on the ground that without payment of ad valorem Court fee the relief for setting aside the decree could not be granted. ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....gorous imprisonment for two years more. Both the accused preferred Criminal Appeal No. 473 of 2002 before the High Court Division. By the impugned Judgment and order the appeal has been allowed in part acquitting the co-accused Md. Wasim Mia while dismissing the appeal so far as it relates to th......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ......emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. ..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....Against the aforesaid order of framing charge the accused petitioner moved the High Court Division under section 561A of the Code Criminal Procedure. The High Court Division after hearing the parties by the impugned judgment and order discharged the rule. Hence is this petition. ......f aforesaid sum of TK. 6,00,000/- and possession was handed over to the accused petitioner and others putting belief upon the words of the accused petitioner and others as to their promise to make payment as agreed upon and thereafter the complainant found that some unknown persons had been resi......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....r Rouf Sarder seeks leave to appeal against the judgment and order dated 21.06.2005 passed by a Division Bench of the High Court Division in Criminal Appeal No. 1716 of 1994 allowing the appeal in part, altering the order of conviction of the petitioner from Sections 302/34 of the Penal Code to ......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ......o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ..Category: Criminal Law | Date: | Hits: 52
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... Chowdhury J.- Convict Mahbbur Rahman seeks leave to appeal against the judgment and order dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987 allowing the appeal in part modifying the sentence of Rigorous Imprisonment of 7 (seven) years under sections 409 and 467 o......lleged offence of misappropriation or forgery inasÂmuch as he discharged his routine duties only as a ledger clerk and that in the appliÂcation for transfer of the account and in the cheque showing payment of Tk. 35,000/- on 10.01.1980 the petitioner's signature is conspicuously absent and the pet...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Mizanur Rahman alias Mithu and anothÂer Vs. State, 2006, 35 CLC (AD)
.... the High Court Division in Death Reference No. 22 of 2000 with Jail Appeal No. 1635 of 2000 and Criminal Appeal No. 1243 of 2000 rejecting the aforesaid death reference and allowing the appeals in part affirming the order of conviction of the accused petitioner Mizanur Rahman alias Mithu a......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 48
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....case was that since his financial condition was not good and thus the petitioner became unable to pay the rehearing costs to the respondent No. 1 and for which petitioner felt the need of one partner for smooth running of his trawler business and that in view the respondent No.1 was made a ......29-11-2001 for a period of 5 (five) years at the monthly rental of TK. 1,04785, thereafter the said trawler was given to ownership of respondent No. 1 for its necessary rearing words stipulating the payment of repeating costs at TK. 8,00,000/- and the respondent No.1 was to get a bill of the said a......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....d...........For the Appellants (In Criminal Appeal No. 100 of 1998) Md. Nowab Ali, Advocate-on-Record......For Respondent No.2 (In Criminal Appeal No. 99 of 1998) Ex- parte-Respondent No. 1. (In Criminal Appeal No. 99 of 1998) Md. Nowab Ali, Advocate-on-Reco......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....t was recorded in her name and the said revenue record was quite correct, that the defendant No.1 lives in separate mess. 4. The trial Court on consideration of the evidence of the parties, both oral and documentary, arrived at the findings that the plaintiffs have filed C. S and...... of wrongly prepared record by the revenue authority i. e. recording the name of the defendant No. 1 along with the plaintiffs, but the plaintiffs have filed such rent receipts Exts. 1-1(U) showing payment of rent in respect of the land in suit except the years for which defendants managed to pa......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....9 discharging the rule thereby affirming the judgment and order dated 28.07.1999 passed by the learned Additional Sessions judge, Munshigonj in Criminal Appeal No. 29 of 1999 allowing the appeal in part upholding the order of conviction and sentence passed against the two petitioners, while acqu......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Criminal Law | Date: | Hits: 27
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
....filed by the accused petitioners is against the Judgment and order dated 26.4.2003 passed by a Division Bench of the High Court Division Criminal Appeal No.1127-of 1998 allowing the appeal in part by reducing the sentence of appellant No.1 from imprisonment for life to 10 years an...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ivision in Death Reference No.22 of 1994 heard analogously with Criminal Appeal Nos. 2218, 2286, 2446 and 2532 of 1994 since a common question of law upon similar facts arose between the same parties. 2. The short facts, leading to this petition, are that the trial Court by judg......sentence. The convict petitioner Farukur Rahman @ Farook was sentenced to imprisonment for life but the imposition of fine of Tk. 2, 000/- passed by the trial court was maintained and in default of payment of fine there was a direction to suffer imprisonment for two months more. The appeal prefe......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......orroborated each other in support of the prosecution case and the informant, P.W 1 deposed that the accused petitioners illegally smuggled contraband alachi into Bangladesh from India without payment of custom duties and taxes and the prosecution witnesses proved that the accused petitioner...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
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