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Ayub Ali Vs.State, 2005, 34 CLC (HCD)
....gorously contended that order passed by the Tribunal on an application for inclusion of the names of the witnesses in the column of the charge-sheet on the prayer of the investigation officer without holding further investigation is without jurisdiction inasmuch as after submission of charge-sheet o......id that examination of said two persons Md. Hafizur Rahman Habib and Md. Kamar Hasan is intended to fill up lacuna in the prosecution case. In our opinion the order to examine two witnesses is fully covered by the expression "summon any person as a witness" and their evidence is essential ..Category: Criminal Law | Date: 12 Mar, 2005 | Hits: 3
AK Fazlul Hoque Vs. Secretary, Ministry of Housing and Works and others, 2005, 34 CLC (HCD)
....eing no explanation given for non‑payment of the pension and gratuity in spite of the direction given by an interim order by this Court on 30‑3‑2002, we are constrained to hold that the persons holding the office of respondent Nos.2, 3 and 4 respectively on or around 30‑3‑2002, (when the i......tent allowed under Article 2:12 of the Memo No.অম/অবি/বিধি/পেনশন/৩-পি-২৬/৯৪/১৭ dated 1‑6‑1994 issued by Finance Division of the Ministry of Finance, Government of the People's Republic of Bangladesh, within 21 days from the date of receipt of the..Category: Employment/Service Law | Date: 8 Mar, 2005 | Hits: 2
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
.... to the plaint. 3. The defendant No. 52 filed an application seeking for an order to allow him to demolish the alleged dilapidated building standing on a part of suit CS Plot No, 306 bearing holding No.32/2 at Malitola Road and to allow him to build up a multi-storied building as per appro...... party can be allowed to construct a multi-storied building on the land in excess of his share-Defendant cannot be allowed to build a multi-storied building on the land in excess of his share. Moreover conduct of the defendant clearly demonstrates that once he is allowed to make construction on ..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....learned
Additional District Judge further noticed that the plaintiff must prove fraud
as they pleaded fraud in the plaint and this not having been proved, the trial
court committed error of law in holding that non-joinder of the superintendent,
vested and non-resident property has rendered the......ation between India and Pakistan in 1965 the aforesaid
S.A. recorded owners left the country for India and the suit land was declared
and treated as enemy property and subsequently vested in the Government. The
suit land was leased out one Abdul Baten in E.P. Case No.210 of 1967 and
subsequent..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
....the appellant No.2, the number of shareholders of the company was reduced to three (Annexures-B and B-1 to the application); Article 31 provided presence of three members to constitute the quorum for holding the general meeting of the company and out of them one must be the Chairman and Managing Dir......ure-C, C-1, C-2 and C-3 of the application) and the appellant No.2 started misappropriation of funds and refused to provide any account of the money received from the customers of the company and to cover the wrongdoings he, in collusion with the appellant No.3, also fabricated various resolutions p..
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....as entitled to get any decree as he prayed for; (vi) Whether plaintiff was entitled to get any other relief. 5. The learned trial Court after taking evidence was pleased to dismiss the suit holding that the Suit was not maintainable in its form and the plaintiff was not entitled to the rel...... to 3 by acceptance of part payment of Taka 3,500 from one Mohammad Miah out of consideration money of Taka 4,000 executed a Bainapatra for sale for 81 decimals of land on 3‑10-1971 and handed over its possession to him on that day where the said Mohammad Miah is in enjoyment of the right, ti..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....udulent and not binding on the petitioner. The learned Counsel further submitted that the learned Single Judge misconceived the pleadings in the case and also of the decision of the superior Court in holding that the petitioner's suit is not maintainable without further prayer for cancellation of th......pur Paurashava seeks leave to appeal against the judgment and order dated 5-11-2002 passed by the High Court Division in Civil Revision Nos. 2076 and 2077 of 1998 held against the petitioner and the Government against the judgment and decree dated 16-3-1998 of the Subordinate Judge, Second Court She..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
.... create illegal obstruction to the possession of the suit land by the plaintiffs". 8. The High Court Division while making the Rule absolute also observed that the courts below were in error in holding that plaintiffs did not get exclusive possession of the land in suit in that the said findi......record it is seen that the plaintiffs never took physical possession of the land in suit that when the plaintiffs have admitted possession of the defendant their remedy lies in filing a suit for recovery of khas possession, that as the plaintiffs and the defendant are co-sharers of the land in sui..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....igning blank stamp paper and some cartridge papers in connection with tenancy agreement remained uncorroborated. 9. The learned Counsel for the appellant submits that facts like, first holding of salish in connection with the ejectment suit as deposed by the DWs 1, 3 and 4; second, ......agreement, that it further appears after the said compromise defendant No. 1 signed one blank stamp paper and some blank cartridge papers for the purpose of drawing up tenancy agreement and handed over the same to Khurshed Ali Master, that no explanation has been offered for not deposing in the ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Nasim (Md.) and another Vs. State, 2005, 34 CLC (HCD)
....the Rules are discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 546. ......nstance of Md. Nasim having arisen from same first information report, charge-sheet and of Special Case No.73 of 2002 involving same facts, are taken up together for disposal and this judgment would govern both the Rules. 2. One Md. Abdul Hai, Anti Corruption Officer, (Task force No.1) Anti Cor..Category: Criminal Law | Date: 4 Jan, 2005 | Hits: 1
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....ah, learned Advocate appearing on behalf of the petitioners, submits that the learned Assistant Judge committed an error of law resulting in an error in the decision occasioning failure of justice in holding that the defendants dispossessed the plaintiff from the suit land in the absence of any evid........Petitioners Vs. Md. Ziarat Hossain...........................Opposite Party Judgment January 4, 2005. Result: The Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was disposs..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....ll valid legislations for affecting necessary amendments in the East Bengal State Acquisition and Tenancy Act and those laws cannot be attacked on the ground of ultra vires; (2) any transfer of a holding or part thereof by a raiyat either by way of out and out sale with an agreement to recon...... President’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back the land as per provisi..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....e arrested the petitioner from MP Hostel, Nakhalpara in connection with Gafargaon PS Case No.7(7)04 and 8(7)04 dated 12‑7‑04 and recovered one revolver from his possession. The petitioner was not holding valid licence, and, as such, another PS Case being Tejgaon PS Case No.61 dated 21‑7‑04 u......jasthan 264; University of Dhaka Vs. Zakir Ahmed, PLD 1965 SC 90 = 16 DLR (SC) 722; Rezaul Karim (Md.) and another Vs. Secretary, Ministry of Home Affairs and others, 44 DLR 110; Reazuddin (Md.) Vs. Government of Bangladesh, 52 DLR 361; A Malcolm and another Vs. Emperor, AIR 1933 Calcutta 218; Zainu..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
..... Mr. Abu Sams Md. Khalequzzaman, learned Advocate-On-Record appearing on behalf of the petitioner submits, inter alia, that the High Court Division on misconception of law discharged the Rule in not holding that the petitioner is a proper party to be added as defendant in the suit for adjudication ......the plaintiff-respondent No. 1 having failed to pay the balance consideration money of Tk. 75,000/- within due time the bainanama dated 20.08.1999 stood cancelled. The defendant-respondent No.5, the Government of Bangladesh also appeared and filed written statement denying the material allegations m..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....n No.3718 of 2003. Judgment Md. Awlad Ali J.- In this Rule obtained by 5 petitioners, the petitioners have sought a direction from the respondents not to evict the petitioners from the suit holding bearing (1) Chha 30/C Uttar Badda Plot No.76(2) 30/1. Uttar Badda plot No.76(3)Ja‑1, Maddh......27 of the Constitution. 5. Mr. Shah Khasruzzaman, representing the respondent No.1, has contended the land in question was requisitioned in the year 1959‑60 and thereafter possession was taken over and banded over to Rajuk and subsequently, for the purpose of acquisition, gazette notification..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
.... went on leave preparatory to retirement and thereupon by the order dated March 27, 2001 the respondent No.4, Director General, Department of Shipping made recommendation as to respondent No.5 for holding current charge of the post of Chief Engineer and Ship Surveyor inspite of writ-petitioner b......rge of the post of Chief Engineer and Ship Surveyor inspite of writ-petitioner being senior to the said respondent No.5, that the writ-petitioner on May 7, 2001 represented to the respondent No.1, Government of Bangladesh, represented by the Secretary, Ministry of Shipping for consideration of w..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ither been received nor refused within sixty days. It has been held that sanction deemed to have been accorded. ‘High Court Division unfortunately took a wrong view that holding of trial of a public servant without taking sanction is curable under section 537 of the Co......ing the appellant under section 409 of the Penal Code read with section 5(2) of Act 11 of 1947 and sentencing him to suffer rigorous imprisonment for 2 (two) years and to pay a fine of Taka 20,000 recoverable from his properties under Public Demands Recovery Act. 2. On an allegation of..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
....e Rule by filing separate affidavit-in-opposition asserting that the government in exercise of its discretion rightly withheld sanction for trial of the respondent Nos.5 and 6, the impugned order withholding sanction was passed in accordance with law and is not liable to be questioned by the petitio...... under section 409 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. Thereafter, the respondent No.4. Metropolitan Sessions Judge wrote a letter dated 4-3-04 to the government followed by another letter dated 9‑3‑04 for sanction. But the Office of the Hon'bl..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....arned Subordinate Judge held that the property Was a vested property but in spite of absence of such averments and findings the learned Judges of the High Court Division have made out a third case in holding that the property is a vested property which is wrong". 13. In the instant case as we h......hereon spending a sum of Taka 6,000 and also planted different trees thereon and spent Taka 7,000 for the purpose. After their purchase they got their names mutated and have been paying rents to the government. The pre‑emptor is not a co-sharer and, as such, the present case is not maintainable an..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....928 and since then continued to be so recorded in SA and BS record of rights without any objection from any quarter. The land was being held as waqf for about 76 years. The Waqf Administrator without holding proper enquiry upon notice on the beneficiaries said that the land was not enlisted as Waqf ......firmed the decision of the Waqf Administrator that the disputed land of CS plot No.609 was not a waqf. 10. Descendants of said Waqif Tafazzal Ali Chowdhury are still fighting in different groups over the question as to whether disputed land measuring 3.26 acres of CS plot No.609 appertaining to..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
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