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Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ......sentatives appeared in the office of the respondent for hearing. 22. The petitioner also filed affidavit-in-reply stating further facts about the internal record of the respondents and other papers to show that the case land being a mosque and lands having plantation of rare tr...... Ameena Ahmed......................................Petitioner (In all the cases) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secretariat, P.S. Ramna, District-Dhaka and ors................Respondents (In all......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..Category: Property Law | Date: | Hits: 31
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....t the judgment and order dated 31.08.2005 passed by the High Court Division in Civil Rule No. 524(F) of 2005 arising out of F.A.T. No.408 of 2005 making the Rule absolute. 2. The short fact relevant for disposal of the rule is that the Suit property is Rowafata Rowa beel, measuring 89.99......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......ge: Tegharia, Police Station: Sunamgonj Sadar, District-Sunamgonj....Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Sunamgonj and others........Respondents Judgment December 10, 2007. Case Referred To- ......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..Category: Property Law | Date: | Hits: 50
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Khizir Haider and others.................Petitioners (In Criminal Petition No.314 of 2005) Md. Hossain Her......ffence is a matter of evidence to be decided at the time of trial. Further section 195(1) of the Code of Criminal Procedure does not provide a bar to initiate the present proceedings as the forged documents, used in the Court of Settlement, have not been used in the impugned proceeding and moreo..Category: Criminal Law | Date: | Hits: 43
Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)
.... to pay 50% of the salary to the plaintiff-opposite party No.1 applicant (during the period of suspension) from July, 2005 and continue to pay the same till disposal of the Rule in accordance with relevant rules of the Education Board. 2. Short facts are that the plaintiff instituted Othe...... Chowdhury, the learned Advocate for the petitioner and Mrs. Sufia Khatun, the learned Advocate-on-Record for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 5. The High Court Division on consideration of the materials on record passed the or......ul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Fatema Jinnah Multilateral Girls High School, represented by its Chairman-Upazila Nirbahi Officer, Chandanaish, District-Chittagong............Petitioner Vs. Aradhana Chowdhury & othe...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ..Category: Employment/Service Law | Date: | Hits: 83
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
....s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ...... the learned Advocate-on-Record for the petitioner and Mr. Md. Nawab All, the learned Advocate-on-Record for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that the land under preemption was recorded in R.S. ......bsp; Not represented- Respondent Nos. 2-26. Civil Petition for Leave to Appeal No.108 of 2006. (From the judgment and order dated 13.08.2005 passed by the High Court Division in Civil Revision No. 3366 of 1996.) ......s right in making the Rule absolute. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 140. ..Category: Property Law | Date: | Hits: 29
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ...... by adducing evidence and under this facts and circumstances, the proceeding can not be quashed. 7. We have heard the learned Advocate for the petitioners and perused the petition along with papers filed thereto. It appears that the charge sheet has not yet been submitted which is the res...... ...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..Category: Criminal Law | Date: | Hits: 39
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
.... blamed him for such cause but he in collaboration with P.W. Abu Taher implicated him in this case. 8. The definite case of accused Pradip is that no dollar was recovered from him and at the relevant time he was on duty in the Rajarbag Police Line and there is no nexus between him and the ......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ...... Advocate-on-Record- For the Petitioner None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 2006 passed by the High Court Division in Criminal Appeal ......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..Category: Criminal Law | Date: | Hits: 40
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
.... order dated 13.03.2005 passed by the High Court Division in Civil Revision No.1541 of 2001 making the Rule absolute with a direction to evict the present petitioner from the suit premises. 2. The relevant facts of the case are that the respondents as plaintiffs filed S.C.C. Suit No. 13 of 1996 f......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Rezaul Ahsan.................Petitioner Vs. Salamat Miah Wakf Estate, represented by the Mutwalli Amir Sultan Ali Haider and others................Respondents Judgment May 3, 2007. Lawyers Involved: Mahbubey A......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....me was the property of Ghosh Babu Estate, that plaintiffs father took settlement of the land in suit from the said land owners by an Amalnama of the year 1349 B.S, in the name of the plaintiff who at relevant time was minor, that the land so taken settlement was 19.56 acres, that since the date of s......red accordingly and the vested property authority is enjoying the property and the plaintiff has no right, title and interest in the land in suit, that the plaintiff has created forged and fabricated papers to grab the land of the Government. 9. The trial Court dismissed the suit on the findings......se is also Reported in: 13 MLR (AD) 2008, 105. ...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......hellip;……………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector & others..............................Respondents (in all the cases) ......urt Division. The writ petition was contested by the petitioner’s appellants on the ground, inter alia, that the Review Miscellaneous Petition was filed only after obtaining certain valuable documents which could not be produced earlier before the Arbitrator. 4.The High Court Divisio..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......nt in CA No. 53 of 2007 and Mr. Abu Bakkar Siddique, the learned Deputy Attorney-General for the respondent in both the appeals and perused the judgment of the High Court Division and other connected papers. 34. Mr. Khondker Mahbub Hossain and Mr. Anisul Huq contend that since the Govern-ment did......e Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State................................... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....upon sending back the suit on remand to the trial Court for disposal and therefore, both the leave-petitions are heard together and disposed of by this single judgment. 2. Shortly stated the relevant facts are that the petitioner as plaintiff instituted Title Suit No. 306 of 1989 and subs......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... Khorshed Alam (Md).....................Petitioner Vs. Hazi Mohiuddin and others.............Respondents Judgment February 18, 2007. Lawyers Involve......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ..Category: Procedural Law | Date: | Hits: 86
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ...... before this Division and the petition was dismissed as aforesaid. 5. We have heard Mr. NK Saha, the learned Counsel for the petitioner and perused the impugned judgment and other connected papers on record. 6. The learned Counsel submits that the High Court Division observed that ...... MM Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Dawad Ali Sardar (Md)..................Petitioner Vs. Kazi Mujibar Rahman and others............... Respondents Judgment ......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......, the learned Deputy Attorney-General for the appellant and Mr Aftab Hossain, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers on record. 7. The learned Deputy Attorney-General submits that sections 195 and 476 of the......slam J Md. Abdul Matin J State..........Appellant Vs. Sailendra Chandra Borman..................Respondent Judgment ...... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ..Category: Criminal Law | Date: | Hits: 63
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Tribunal Case No. 7 of 1994. 2. Respondent No. 1 who was an Executive Engineer under the Roads and Highways Directorate and working in the Roads Construction Division-I, Dhaka at the relevant time was placed under suspension and proceeded against on charges of misconduct and corrup......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......lip;……………………………………………….Appellant Vs. AAM Salekuzzaman and another……………………………&......ld be held. 6. The Appellate Tribunal held that the second and third enquiries were illegally held without rejecting the first enquiry report, that in the subsequent enquiry only some documents were relied upon and the respondent was not given to know as to on what specific points t..Category: Administrative Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......ng…………………(44) The Representation of People’s Order, 1972 (President’s Order No. 155 of 1972), Article 36 The ballot papers that are required to be excluded from the counting are fully described in Article 36(4) (i)-......Saydee………………………………………………. Appellant Vs. Sudhangshu Shekhor Halder and others……………………………&......s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
....ust Act and so revisable under section 115 of the Code of Civil Procedure. The two questions set out above are interdependent and it is convenient that they are discussed together. 2. The two relevant clauses of the Trust deed, that is, clauses 23 and 36 may first be referred to: “২à...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......peal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, with M. F. Karim, Advocate instructed by S.M. Huq, Advocate-on-Record- For the Appellant. Abdul Malek, instructed by B.C. Panday, Advocate-on-Record-For the Respondents No.1-4. Criminal Appeal No. 6 of 1978. (From t...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ...... re-arranged as ward No. 2. In spite of this application which was forwarded to the respondent No. 2 on December 15, 1976, he fixed December 18, 1976, as the last date of submission of nomination papers. The nomination papers of all the seventeen persons including the appellant were rejected b...... Present Kemaluddin Hossain J Fazle Munim J K.M Subhan J Mozzammel Haq……………………Appellant Vs. Bangladesh and others................Respondent Judgment March 01, 1978. Lawyers Involved......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
....ise of discretion a judicial discretion. The accord of consent therefore must be based on some reasonable grounds and before making that order, the Court must take into consideration attending or relevant matters and circumstances. It is true that the Court is not required to record its reas...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... ...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..Category: Criminal Law | Date: | Hits: 45
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ti Sudha Moitra was maintainable under the Hindu Law. The learned Judge commented that Amal Kumar Moitra invented the story of relationship for the purpose of adding himself as party in the suit. The relevant portion of the judgment is quoted below:— "Lastly assuming for argument's sake that......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......an Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Ansar Ali, Advocate instructed by S.S. Hoda Advocate-on-Record – For the Appellant. Abdul Hamid, Advocate instructed by B.C. Panday, Advocate-on-Record- For Respondent. Civil Appeal No. 123 of 1977 (On appeal from the ju......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
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