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Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors , 1999, 28 CLC (AD)

....p Kumar Chakraborty to represent the deity as next friend in place of the deceased be allowed. No order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 156. ......raborty moved the High Court Division in revision, Civil Revision No. 7343 of 1991. A learned Single Judge of the High Court Division, by judgment and order dated 28 July 1993, discharged the Rule holding that in the instant case Hem Chandra Chakraborty is shown to be litigating as the Shebait i..

Category: Family Law | Date: | Hits: 156

Nurul Afsar Vs. Rafiqul Ahmed & ors, 1999, 28 CLC (AD)

....nterfere with the order of the High Court Division passed in its discretion. The petition is dismissed. Ed.  This Case is also Reported in: 51 DLR (AD) (1999) 155. ...... 6. The learned Counsel for the petitioner argues that a suit for partition of a portion of a joint estate is maintainable. The High Court Division has, therefore, committed an error of law in holding that the instant suit without bringing the entire property of Gunu Mia into hotchpotch is n..

Category: Property Law | Date: | Hits: 65

Raisuddin Vs. Bangladesh and others, 1999, 28 CLC (AD)

....ond proviso in section 4 of Act, 1974 was added and the Government has the full authority to extend, curtail or alter the limits of any area for which a Nikah Registrar has been licensed. It is not disputed before us that the Government has no authority to curtail any area under second proviso to......itioner cannot make any lawful grievance. 6. Mr. Abdur Razzaq, learned Advocate appearing for the writ petitioner submits that the learned Judges of the High Court Division erred in law in holding that the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) A..

Category: Employment/Service Law | Date: | Hits: 69

Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)

....ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ......aintiff-respondents were not on the record. 7. Mr. Mansur Habib, the learned Advocate for the defendant-appellants, submitted that the learned Single Judge of the High Court Division was wrong in holding that relationship of landlord and tenant between the parties exists merely relying upon the ..

Category: Tenancy Law | Date: | Hits: 62

Secretary, Ministry of Establishment, GoB & Ors. Vs. Md. Jahangir Hosain & 65 ors, 1999, 28 CLC (AD)

....icy decision embodied in various circulars and memos cannot create a legal right in favour of the writ petitioners and the question whether the writ petitioners are Mujibnagar employees or not is a disputed question of fact and the High Court Division committed serious error of law in deciding t......es are available. All the petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 148.   ..

Category: Employment/Service Law | Date: | Hits: 81

State Vs. Md. Minhazuddin Khan, 1999, 28 CLC (AD)

....ng at such finding, the learned Judge has also noticed that the prosecution could not prove that the accused, respondent had withdrawn the alleged amount of money from the Bank account through the disputed cheques. The learned Judge has also observed that the prosecution witnesses acted collusiv......ision against the said order of conviction and sentence of the trial. A learned Single Judge of that Division by the impugned judgment and order has acquitted the accused-respondent of the charges holding, inter alia, that in view of the provision of section 8 of the Criminal Law (Amendment) Act..

Category: Criminal Law | Date: | Hits: 59

GM, Janata Bank Vs. Md. Shah Alam Sarker, 1999, 28 CLC (AD)

....so granted to consider whether the Administrative Appellate Tribunal has reversed the judgment of the tribunal on irrelevant consideration resulting in miscarriage of justice. 8. It is not disputed before us by the respondent that on his own seeking and also on the basis of the medical r...... same having been terminated in the year 1989 and that the application is not maintainable. 6.  The Administrative Appellate Tribunal set aside the judgment and order of the Tribunal holding that the application of the respondent was maintainable and that the order of the appellant..

Category: Administrative Law | Date: | Hits: 148

State, rep. by the Solicitor, Govt. of Bangladesh Vs. Giasuddin and others, 1999, 28 CLC (AD)

....t on the subordinate judiciary in disposing of criminal justice in Bangladesh. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 103.   ......nfirmed the accused-respondents conviction under section 148 of the Penal Code. Where is the scope to hold that the accused persons acted individually? How can inconsistency be allowed to creep in holding that common object has not been established? 28. Further, if it is a question of in..

Category: Criminal Law | Date: | Hits: 80

Bangladesh Vs. Chairman, Court of Settlement, First Court and others, 1999, 28 CLC (AD)

....228 of 1996 unsuccessfully challenged the judgment and order dated 4-5-94 passed by the First Court of Settlement in case No. 358 of 1989 (Ka-55) allowing the same and directing the release of the disputed building from the list of abandoned buildings published in the gazette notification under ......vision is otherwise maintained except that part awarding cost. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 87. ..

Category: Property Law | Date: | Hits: 64

Brahmanbaria Pourashava Vs. Secretary, Ministry of Land Reforms, 1999, 28 CLC (AD)

....d shopkeepers and depositing the compensation money with the Government in favour of the owner. 5. Respondent Nos. 1 and 2 resisted the writ petition by counter affidavits to the effect that, the disputed property was acquired only for extension of Tofail Azam Road and not for construction of an......ed shopkeepers were rehabilitated thereby. 6. Respondent No. 3 had also filed an affidavit-in-opposition in the same vein. 7. The learned Judges of the High Court Division discharged the Rule holding, inter alia, that the requisition and acquisition were not made for the purpose of building ..

Category: Property Law | Date: | Hits: 63

Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)

.... (PW 6) and his mother-in-law, the grandmother of defendant No. 1 (PW 7) positively proved the requirements of benami transaction i.e. sources of money for purchasing and taking settlement of the disputed land, custody of the documents, continuous possession of the property, etc. which the tria......nt No.1) PW 6 and his mother-in-law i.e. grandmother of defendant No.1 as PW 7. Defendant No.1 also examined 7 witnesses including his alleged bargaders. 5. The trial Court decreed the suit holding, inter alia, — “on the contrary the plaintiff has proved each of..

Category: Property Law | Date: | Hits: 75

Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)

....s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ......ion by one Joynab Bibi on 2-10-1962 and the plaintiff by filing Title Suit No.130 of 1967 got the auction sale set aside and the decree was affirmed upto the High Court Division. Since the land of holding No.2 was not included in the aforesaid suit, the plaintiff entered into an agreement dated ..

Category: Property Law | Date: | Hits: 69

BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)

....vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ......iction to hear and determine Marine accident for damages over Inland Water Ways in the province which is similar to that of the Court of Admiralty in England. 11. Thus we have no doubt in holding that the Admiralty Court has jurisdiction to entertain the suit and the suit is thus maint..

Category: Admiralty Law or Maritime Law | Date: | Hits: 187

Mawlana Abdul Hye Vs. State, 1999, 28 CLC (AD)

....tures on the loan application and in the mortgage deeds. Mawlana Abdul Hye signed his name as a witness and accused Hatem All Howlader stood guarantor for the repayment of the loan. It is also not disputed that Taka 18,600.00 was withdrawn from the Sonali Bank. Further, the specimen signatures, ......d of by a common judgment as the learned Single Judge of the High Court Division disposed of two criminal appeals, namely, Criminal Appeal Nos. 285 and 301 of 1992 on 9-6-97 by a common judgment upholding the conviction of the petitioners Mawlana Abdul Hye, Hatem Ali Howlader and Abdul Wahed Kha..

Category: Criminal Law | Date: | Hits: 67

Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)

....ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ......ppellate Court set aside the judgment of dismissal and decreed the suit reversing the findings of the trial Court. 6. In revision the learned Single Judge of the High Court Division, while holding that the suit was not barred by limitation, came to the findings that the evidence led in t..

Category: Property Law | Date: | Hits: 65

Al-Helal Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha, 1999, 28 CLC (AD)

.... that the respondent filed certificate case No.127 of 1990 for realisation of the principal amount claiming Tab 2,619 million with local currency of Taka 0,500 million with interest. The petitioner disputed the amount claimed by the respondent and instituted Tide Suit No. 44 of 1990 in the Court......ndent and instituted Tide Suit No. 44 of 1990 in the Court of Subordinate Judge, Moulvi Bazar for declaration that the certificate case was null and void, etc. The said suit was decreed on 31-3-94 holding that the dues of the respondent Bank was in serious dispute. The respondent, in the meantim..

Category: Business or Commercial Law | Date: | Hits: 106

Bangladesh Vs. Abul Hossain and others, 1999, 28 CLC (AD)

.... of notices under sections 5(1a) and 5(3) and for determining compensation afresh. In course of his discussion, he observed that Shah Sufi Emaduddin Ahmed Chisty had transferred some parcels of the disputed land on different dates since 1977 in favour of the petitioners before him. The concerned......he High Court Division in Writ Petition Nos. 41, 59, 84 and 86 of 1989 be set aside without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 25. ..

Category: Property Law | Date: | Hits: 50

Faruk (Md) Vs. Abdul Hamid and others, 1999, 28 CLC (AD)

.... that view of the matter the oral prayer for stay of the present order is refused. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 48. ......hers. Respondent Nos. 3 and 4 are the son and wife respectively of respondent No.2 and respondent No.6 is the wife of respondent No.5. Out of 11,000 total shares of the company the petitioners were holding 1,000 shares each and the rest 9,000 shares are held by the remaining five directors. At a..

Category: Business or Commercial Law | Date: | Hits: 100

Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)

....ttlement. 3. The appellant along with respondent Nos.2 and 3 of the writ petition opposed the Rule by filing an affidavit-in-opposition stating, inter alia, that the original lessee of the disputed property namely, Afaq Ahmed Khan during the war of liberation had left Bangladesh for Pak...... Secondly, the High Court Division, having itself come to the conclusion that the determination of the genuineness of those annexures are not permissible in a writ petition erred in law in not holding that the writ petition was not maintainable; Thirdly, the writ petitioner havin..

Category: Property Law | Date: | Hits: 48

Habibur Rahman (Md.) Vs. Government of Bangladesh and ors., 1999, 28 CLC (AD)

.... paying rent regularly and, as such, he is not ejectable therefrom without the due course of law. Accordingly, he sought for a declaration that the orders for handing over vacant possession of the disputed stalls, contained in the aforesaid Annexure ‘F and ‘Fl’ have been issued......and not a monthly tenant in respect of the disputed stalls and, as such, the impugned orders have been issued lawfully. 5. The learned Judges of the High Court Division discharged the Rule holding, inter alia, that the petitioner was never a tenant under the Government and he was a licen..

Category: Constitutional Law | Date: | Hits: 158