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Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....ial leave at the instance of Government defendants is directed against the judgment and order dated 11-6-2000 in Civil Revision No. 1365 of 1997 passed by the High Court Division making the Rule absolute. 2. The plaintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the......rt under its revisional jurisdiction. 12. We have hared the submissions of the learned Counsels of the both parties with regard to the effect that notice under L.A Case No. 71 of 1959-60. We called for the entire records of the aforesaid L.A. Cases for our perusal, and on scrutiny thereof...... plot allotted for him. The further claim of the appellants that the plaintiff's suit is barred under Section 14, sub-section (1) of the (Emergency) Requisition of Property Act, 1948. 4. The trial Court decreed the suit finding that the suit land described in the schedule 'Ga' of the plain......d in: 1 ADC (2004) 473. ..Category: Property Law | Date: | Hits: 22
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....n Petition contending, inter alia, that the appellant (Election Petitioner) did not deposit the security cost of the Election Petition in accordance with the Rules of the High Court Division and also failed to comply with the provision of Article 49(4) of the Representation of the People's Order......2488;িদ্দিকী) রেজিস্ট্রার। Article 49. (1) No election shall be called in question except by an election petition presented by a candidate for that election in ac...... pleadings. Article 57. (1) Subject to the provisions of this Order and the rules, every election petition shall be tried, as nearly as may be, in accordance with the procedure for the trial co suits under the Code of Civil Procedure, 1908: Provided that the [High Court...... Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahamed J Giasuddin Quader Chowdhury..........................Appellant Vs. ABM Fazle Karim Chowdhury and others .........Respondents Judgment August 21, 2002. Cases Referred To-..Category: Election Law | Date: | Hits: 312
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... Syed JR Mudassir Husain J. - This appeal by way of leave is from the judgment and order dated 4-5-1995 passed by the High Court Division making the Rule absolute in Civil Revision No. 3022 of 1992 upon setting aside the judgment and order dated 17-10-92 ...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... done earlier on 9.3.82 with that of schedule 1(kha) property. The defendants denied the right, title interest and possession of the plaintiff in schedule 1(ka) and 3(ka) properties. 4. The trial Court decreed the suit and against which petitioners took an appeal and the appellate court r......s also Reported in: 1 ADC (2004) 462. ..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....o one M. A. Malik on 11.10.1991. On 28.02.1993, the informant filed an application before the Deputy Commissioner Sylhet alleging that after her marriage she found her husband a greedy person who started demanding dowry from her and in his demand for dowry he was instigated by his moth......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......(Deterrent Punishment) Ordinance, 1983 against appellant and others. The case was transferred to the learned Additional Sessions Judge and Judge of Nari-o-Shishu Nirjatan Bishesh Adalat, Sylhet for trial. On 26.05.1996 charge was framed under Section 6/9 of the Ordinance against the accused perso......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anowara Begum ………………...Appellant Vs. The State and another .............Respondents Judgment March 7, 2004. Lawyers Involved..Category: Criminal Law | Date: | Hits: 64
Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)
.... under Section 467/471/409/109 of the Penal Code read with Section 5 (2) of Act-II of 1947 and sentencing petitioner No.1 Hoq Sikder under Sections 467/471 of the Penal Code to suffer rigorous imprisonment for 1(one) year 3 (three) months and to pay a fine of Tk. 7500/- in default to suffer ...... this division and as such this review petition merits no consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... Section 467/471/409/109 of the Penal Code read with Section 5(2) of Act II of 1947. 5. The case was tried by the Divisional Special Judge, Khulna Division, who after conclusion of the trial and upon consideration of evidence both oral and documentary on record found the petitioners ...... Division (Criminal) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Abdul Hoq Sikder and 2 others.......Convict Petitioners Vs. The State, Represented by the Deputy Comm..Category: Criminal Law | Date: | Hits: 44
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
.... This appeal, by leave, by the pre-emptee against the judgment and order of August 26, 1997 passed by a single Bench of the High Court Division in Civil Revision No. 2801 of 1994 making the Rule absolute. The Rule was obtained against the judgment and order of July 17, 1994 of the court of the D...... did not part with his possession but simply made a show of transfer for any purpose, such as, put away his creditors, as in the case reported in 51 CWN, 644, then such a transaction whether it is called "Benami" or colorable, may be gone into." 17. In the instant case pre-e......e court of Assistant Judge upon making the rule absolute. 8. Leave was granted to consider the submissions whether High Court division acted illegally in upholding the view taken by the trial court in respect of the disputed document without at all considering the reasoning given...... Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Mosharraf Hossain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- ..Category: Property Law | Date: | Hits: 44
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
.... allowing the appeal after setting aside the judgment and order passed by the High Court Division in Civil Revision No. 5089 of 1991 (Civil Revision No. 139 of 1989, Comilla) making the Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......tten statements stating inter alia that the appellant did not acquire any title to the suit land by purchase as the suit land was acquired and there by the title vested in the government. The trial court decreed the suit. 3. The respondent Lokman Mia filed Title Appeal No.101 of 198......Senior, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Review Petition No. 23 of 2001. (From the judgment and Order dated 25 July 2002 passed by the Appellate Division in Civil Appeal No. 75 of 1997). ..Category: Property Law | Date: | Hits: 20
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... B.S and that during R.S operation defendants managed to get the land in suit recorded in their names and on the basis of the said wrong recording raised claim in respect of the land in suit and also threatend the plaintiff to dispossess from the land in suit. 3. The suit was contested b...... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ......and sons (defendant Nos. 5-7) and that defendant Nos.1-4 have purchased the suit land from the defendant Nos. 5-7 by different kabalas and are in possession of the land in suit. 4. The trial Court decreed the suit. The defendants filed appeal, Title appeal No. 125 of 1970 and the sam...... Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mir Kalimuddin, being dead his heirs 1(a) Asia Khatun alias Chamatkar Biby and others................. Petitioners Vs. Mohammad Dhukhi Mondal and others..........Category: Property Law | Date: | Hits: 29
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
........Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both the appeals) ......ich they were placed under suspension and ultimately dismissed from service as per provision of Rule 139 (1)(b) of the Service Rules, 1982. The High Court Division found that explanations were called for which were when found not satisfactory inquiry officers were appointed where the appell......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ........................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both ..Category: Employment/Service Law | Date: | Hits: 89
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
....at the instance of the plaintiff arises out of the judgment and order dated 26.4.1995 passed by the Single Bench of the High Court Division in Civil Revision No. 914 of 1987 making the Rule absolute and reversing the judgment and decree dated 8.7.1987 of the learned Additional District judg....... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......he plaintiff is absolutely false and the plaintiff never possessed the suit land. The defendant No.1 further contended that the allegation of dispossession by him is also false. 5. The trial Court dismissed the suit disbelieving the case of the plaintiff that he had taken oral s...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Khondoker Mobarak Ali.............................Appellant Vs. Jahanara Begum and others......................Respondents Judgment February 9, 2003. Case ..Category: Property Law | Date: | Hits: 26
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
....f the respondent No. 1, Swarashati Roy wife of him. 2. Facts in this case, in short, are that Trailakha Nath Roy was the husband of the respondent No.1 Swarashati Roy. Swarashati Roy and her son Bolai Roy used to look after the property of the said testator, Trailakha Nath Roy during his o......o the concerned party to produce the will itself in question and prove it by adducing evidence. No order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 399. ......fabricated one created by the respondent No.1. Swarashati Roy. Respondent No.1 and her son Bolai Roy, the respondent No. 2 after death of the said testator of the will. Upon haring the parties the trial court refused granting of probate by its judgment and order dated 04.11.1999. But in the comp......on (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kanai Lal Roy..................Appellant Vs. Roy Swaraswati and ors................Respondents Judgment August 17, 2002. Lawyers Involved..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and othÂers, 2004, 33 CLC (AD)
....No. 1383 of 1997 rejecting the revisional application summarily. The revisional application was filed against the order dated 19. 2. 1997 of the Court of Subordinate Judge and Artha Rin Adalat, Jessore allowing an application filed under order 1 Rule 10 (2) of the Code of Civil Procedure and the...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ...... struck out from the plaint, that defendant Nos. 3 and 4 having admitted, undertaken and declared their liability to the Bank the High Court Division was wrong in upholding the finding of the trial Court to the effect that plaintiff will get no decree against them as they were not borrowers......min J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank……………………Appellant Vs. Md. Sirajul Hoque Chowdhury and others...........Respondent Judgment June 28, 2004. Cases Referred T..Category: Civil Law | Date: | Hits: 121
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....served upon him on 15.10.1984 to which he submitted a written statement in his defiance on 27.10.1984 denying al) the charges brought against him. In that proceeding 4.11.1984 was fixed for personal hearing before the inquiry officer where he appeared but was not heard. Then the inquiry off......r any of the offences mentioned in Section 4, the authority concern shall frame a charge and specify therein penalty proposed to be imposed and communicate it to the police officer hereinafter called "Accused" requiring him to show cause within specified time which shall not be le......late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ......Mahmudul Amin Choudhury CJ Md. Ruhul Amin J KM Hasan J Government of Bangladesh, represented by the Secretary Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Appellants (In Civil Appeal No. 60 of 1997) Vs. Md. Anwarul Is..Category: Administrative Law | Date: | Hits: 103
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....l Amin J. - This appeal by leave is directed against the judgment and order dated 16.01.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 645 of 1987 making the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a ......fferent ink and hand. He further argued that the respondent Nos. 1 and 2 are bonafide purchasers for value without knowledge of the alleged bainapatra in favour of the plaintiff. 9. We have called for the original bainapatra from the District Judge, Narsingdi and perused the same for...... consideration without any knowledge of the alleged bainapatra in favour of the plaintiff. All the parties led evidence, both oral and documentary in support of their respective cases and the trial court on consideration of the materials on record dismissed the plaintiff's suit. On app......enior Advocate instructed by Ataur Rahman Khan, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No.168 of 2000 (From the judgment and order dated 16.01.2000 passed by the High Court Division in Civil Revision No. 645 of 1987). ..Category: Property Law | Date: | Hits: 31
Wilfredo M. Resales and another Vs. State, 2003, 32 CLC (AD)
....al Case No.137 of 1994 passed by the Special Tribunal No. 3, Chittagong convicting the petitioners under Section 25B (1) of the Special Powers Act, 1974 and sentencing them to suffer rigorous imprisonment for 14 years and 10 years each and to pay fine of Tk. 10,000/- each, in default to suffer r....... In view of the discussions made hereinabove there is no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 369. ......port was filed against the petitioners under the provision of Customs Act as well as under the provision of Special Powers Act. In due course papers were sent to Special Tribunal. On Conclusion of trial the petitioners were convicted and sentenced as stated hereinbefore. Their appeal before......in: 1 ADC (2004) 369. ..Category: Criminal Law | Date: | Hits: 61
Tariqul Islam Vs. State, 2002, 31 CLC (AD)
....1 and 111 of 2001 in Criminal Petition for leave to appeal Nos. 108 of 2001 and 111 of 2001 have been heard together as common question of law and facts are involved and there in the parties are also same and as such this single judgment will Governed them both. 2. The Criminal Appeal No.......gally sustained. For the above reasons, we fined substances in both the appeals and accordingly both the appeals are allowed. Ed. This Case is also Reported in: 1 ADC (2004) 351. ......esaid cases. 7. The appellant having found his name in the newspapers, surrendered before the High Court Division and was granted anticipatory bail and thereafter he appeared before the trial Court where his bail was confirmed, thereafter he filed an application under Section 265C of ......ouf, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent (In both the appeals). Criminal Appeal Nos. 37-38 of 2001. (From the judgment and order dated 14th August, 2000 passed by the High Court Division in Criminal Revision No. 791 of..Category: Criminal Law | Date: | Hits: 47
Government of Bangladesh Vs. Md. Akhteruzzaman, 2002, 31 CLC (AD)
....nce, 1979 which is to the effect: "When a Government servant is to be proceeded against for any of the offences mentioned in section 3, the appointing authority or and person authorized by him in this behalf general or special order shall frame a charge, and by no......hority or and person authorized by him in this behalf general or special order shall frame a charge, and by notice accompanied by the charge, require the Government servant, hereinafter called the accused to show cause within a period which shall not be less than two days nor more th......refore no question of review arises. In view of the above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2002) 335. ......ate-on-Record-For the Appellant. Md. Serajul Huq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 48 of 2000 (From the judgment and order dated 20.8.1995 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 142..Category: Employment/Service Law | Date: | Hits: 62
Sheikh Ahmed Showdagar and othÂers Vs. Mostafizur Rahman and another, 2002, 31 CLC (AD)
.... by the ext.1 dated June 1, 1891 to Bashir Mohammed and Kasir Mohammad. The land of this Patta was described by boundaries. The said settlement holders got the possession. Ahmed Ali died leaving 2 sons Basarat Ali and Aju Meah. It is the case of the plaintiffs that Aju Meah by amicable arrangeme......sion made above we do not find merit in this appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 326. ......ssor became owner of the land of R.S. Khatian Nos. 928 and 2574/1 that they as heirs of Kabir Ahmed Merited the land of the aforesaid Khatians. 5. On the basis of materials on record the trial court decreed the suit on the finding that the plaintiffs have been able to prove their case......4) 326. ..Category: Property Law | Date: | Hits: 24
Khursheda Jahan Vs. Syada Shafinaz Jahan and others, 2002, 31 CLC (AD)
....ication under Section 24 of the Non Agricultural Tenancy Act, 1985. 2. The facts are that Syed Siddique Hossain was the owner of the suit property. He died leaving behind his wife, five sons and three daughters who possessed the same in ejmali as co sharer tenants. The wife and sons e......uted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 310. ...... as they themselves transferred the disputed land by disputed kabala. She is in possession, has spent huge money for repair of the structures and for earthwork of the case land. 6. Both the trial court and the lower appellate court concurrently dismissed the miscellaneous case, ...... Md. Ruhul Amin CJ KM Hasan J Abu Sayeed Ahammed J Mossammat Khursheda Jahan alias Mst. Monju Khorsheda........................Appellant Vs. Syada Shafinaz Jahan and others............Respondents Judgment March 24, 2002. Lawyers Involved: ..Category: Property Law | Date: | Hits: 28
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....o.17 of 1999 with Jail Appeal No. 2023 of 1999 accepting the reference and dismissing the jail appeal. 2. The briefly stated facts for disposal of the Jail-petition are that the condemned-prisoner have been convicted under Section 302 of the penal Code and sentenced him hereunder to Suffer......e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ...... report of deceased and after completion of investigation police found prima-face case and submitted charge-sheet against the convict-petitioner and thereafter the convict-petitioner was placed on trial and charge was framed under Sections 302/326/307 and 309 of the penal code to which he pleade......llip;….Petition Vs. The State...............................Respondent Judgment December 7, 2003. Jail Petition No. 3 of 2003. (From the judgment and order dated October, 2002 passed by the High Court Division in Death Reference No.17 of 1999 wi..Category: Criminal Law | Date: | Hits: 55
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