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Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....d for even more than 12 years shall not constitute adverse possession as against other co-sharers. 12. It is held in the case of Abdul Jalil vs Khorshed Ali, 27 DLR (AD) 143, that if a joint property is recorded in the possession of one of the co-sharers, the effect of the record is that ......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not Represented—Respondent Nos. 2-8. Civil Appeal No.150 of 2004. (From the judgment and order dated 5-5-2003 passed by the High Court Division in Civil Revision No. 2305 of 1997). ......ed the Division Commissioner and the Board of Revenue in revision against the order of setting aside the auction-sale of the 'C' schedule land. The Board of Revenue set aside the auction-sale as illegal on the ground that the plaintiff-respondent No.1 being himself a certificate debtor along wit..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ...... Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by the High Court Division in Civil Revision No. 4334 of 1998). ......making out a third case. He lastly, submits that the Single Bench of the High Court Division committed an error of law affirming the judgment and order of the appellate Court below without any legal and valid reasonings. Therefore the judgment of the High Court Division is liable to be set a..Category: Property Law | Date: | Hits: 20
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....rt Division did not discuss evidence produced by the prosecution though sixteen witnesses were examined and that the High Court Division committed error in acquitÂting the accused respondent without proper analysis of the evidence on record or assigning any new reason though the witnesses corroboÂ......-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 45 of 2009. (From the judgment and order dated 17-11-2000 passed by the High Court Division in Criminal Appeal No.1495 of 1994. ......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....der dated 12-3-1994 of the 1st Court of Settlement passed in Settlement Case No. 920 of 1987(Kha), Dhaka allowing the above case and excluding House No. U/44, Block-D, Mohammadpur, Dhaka, the case property, from the "Kha" list of abandoned buildings. 2. Facts, in brief, are that...... Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High Court Division in Writ Petition No. 848(B) of 2002). ...... of Jebunnessa on the basis of which she sold the case property and also kabala dated 9-4-1973 by which the petitioner purchased the case property and those amply proved that Government illegally included the case property in the list of abandoned buildings. Then, after expiry of about ..Category: Property Law | Date: | Hits: 29
Anti-Corruption CommiÂssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....isoner who is a fugitive from law. The appeal filed by the Counsel on the basis of the power-of-attorney executed by Gul Hassan in favour of Khawaja Muhammad Khan before his absconsion was thus not properly constituted and should have been dismissed by the High Court Division on that ground alon......te Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption CommiÂssion and others……………Appellants Vs. Mahmud Hossain and others………………………â...... compliance of the process of the Court or that law enforcing agency is looking for apprehension in connection with a cognizable offence or in execution of the process from the Court, it would not be legally well founded to conÂsider such person fugitive from Court or law, or that in abscondence. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
.... the election petition examined 4 O.P.Ws the petitioner or the election petition filed an application on 07.07.2004 for recounting of ballot papers on the ground that the petitioner has established a proper foundation for recounting of ballot papers. The respondent No.1 of the election petition seri......ivision (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Khalilur Rahman………………………………..Petitioner Vs. Md. Alam Bepari and Others……………………..Respondents Judgment May 20, 2008. Lawyers Involved: ......the same was improperly refused, or was not done in accordance with law. But in the instant case no written objection was raised but the Courts below without following settled principle of law most illegally allowed the application of recounting which cannot be sustained in the eye of law; that ther..Category: Election Law | Date: | Hits: 159
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....enant at a monthly rental of Tk. 150/- under the Dhakeshwari Cotton Mills Ltd. which was subjected to winding up process under the control and management of the Official Liquidator and ultimately the property vested in the Government and the liquidator has been taking steps to sell the suit property......For respondent No. 1. Syed M. Rahman, Advocate-on-Record-For respondent No. 2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1087 of 2005. (From the judgment and order dated 09.04.2005 passed by the High Court Division in Civil Revision No. 2906 of 1999). ......court found that the money order containing the monthly rent was returned to the petitioner on 03.01.1988 and the rent deposit case was started on 09.03.1988 and as such the rent deposit case was not legally and validly started. The trial court further found that the petiÂtioner deposited the rent ..Category: Tenancy Law | Date: | Hits: 148
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....8. Mr. Sobhan, having pointed out the aforesaid aspects of the case, argued that the learned Judges of the High Court Division committed an error of law in declaring said office order illegal without proper application of judicial mind. His submission was that the conduct of the respondent No. 2 com...... Syed JR Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Agriculture Development Corporation. .............. Petitioner Vs. Zinnatul Hossain and others...........................................Respondents Judgment August 8, 2006. ......tion of the said order of transfer; that during the pendency of the said petition, the petitioner issued a release letter of the respondent on 22-01-1979 and thereafter on 22-12-1979 the petitioner illegally stopped the subsistence allowance of the respondent No.1 from the date of issuing of the sai..Category: Employment/Service Law | Date: | Hits: 87
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
.... Petition No. 5674 of 2005 and that by Notification dated 13.5.2004 by inserting new Rule 55B in the Mines and Minerals Rules, 1968, new administrative systems have been established providing proper checks and balance in leasing out the quarries and that in clause 1 of the agreement fo......Alauddin.................Petitioner (In Civil Petition No. 1083 of 2007) Jalaluddin.............. Petitioner (In Civil Petition No. 1084 of 2007) Vs. Government of Bangladesh and others..............Respondents (In all the cases) Judgment February 20, 2008. ......ing authority should have renewed the existing lease granted under the provisions of the previous Rules and the commitment of the petitioners to abide by the amended Rues can not be considered as a legal bar in getting renewal of the leases of the petitioners on the basis of clause 4 of the ..Category: Others | Date: | Hits: 101
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....eld that the above submission is also without any basis inasmuch as the scheme adopted by the Board requires assistance from World Bank. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Zakir Hossain and others ................Petitioners Vs. Secretary, Ministry of Power, Energy and ...... World Bank. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interferenc..Category: Civil Law | Date: | Hits: 119
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ...... Md. Tafazzul Islam J Md. Maniruddin …………………... Petitioner Vs. Md. Totab Ali @ Kutub Ali being dead his heirs: Mazeda Khatun and others ......Respondents Judgment August 22, 2006. Lawyers Involved: ......l-Ewaz deed dated April 4, 1978 and thereupon the pre-emptor obtained the certified copy of the Heba-bil-Ewaz deed and filed the Miscellaneous case within the period of limitation, that there is no legal bar in having the land pre-empted. 3. The case of the pre-emptee (opposite party No. ..Category: Property Law | Date: | Hits: 19
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and othÂers, 2005, 34 CLC (AD)
....Respondents in the respective appeal filed the aforementioned writ petitions stating, inter alia, that the lands shown in the schedule attached to the respective writ petitions are their ancestral property, that they inherited the lands claimed by them and that record of rights have been prepare......J Md. Tafazzul Islam J Chairman, T& T Board, Telejogaon Bhavan, 37/5, Eskaton Garden, Ramna, Dhaka. .........Appellant (In all the appeals) Vs. Md. Rafiqur Gaznavi and others…………….Respondent (In Civil Appeal No. 85 of 2000)......n of the land within 4 months from the date of receipt of the copy of the judgment and in case of failure on the part of the authority the writ- petitioners would be at liberty to take appropriate legal action against the writ-Respondents. 2. It may be mentioned the High Court Division wh..Category: Property Law | Date: | Hits: 56
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....ces is a disputed question of fact and requires investigation and determination on evidence adduced by the parties, for which the writ jurisdiction under Article 102 of the Constitution is not the proper jurisdiction and accordingly this petition is not maintainable. If so advised the writ petit...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shoma Akter Shoma and another………….Petitioners Vs. Bangladesh and Ors…......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ..Category: Criminal Law | Date: | Hits: 41
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......late Division (Civil) Present: Syed J.R. Mudassir Husain CJ Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh and Others……….....Appellants Vs. Md. Shamsul Huq……&......he P.A.-Cum-Stenographers to the Secretaries and Joint Secretaries; earlier Mir Mohammad Moinuddin a P.A. Cum-Stenographer of the Supreme Court filed Writ Petition No. 1922 of 1990 challenging the legality of the order of the Government refusing to give him and others the same salary and facilit..Category: Employment/Service Law | Date: | Hits: 104
Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)
.... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ......itration Miscellaneous Case No. 645 of 1994 before the 3rd Court of Subordinate Judge impleading the opposite party in the revisional application with the prayer for appointment of sole Arbitrator and the parties to the Miscellaneous case mutually having had agreed sole Arbitrator was appointed ......causing serious prejudice to the petitioner. We are of the view reasonings on which the High Court Division set aside the order of the trial Court rejecting the prayer for withdrawal of the suit is legally sustainable. Since after filing of the award in the Court by the sole Arbitrator the petit..Category: Alternative Dispute Resolution | Date: | Hits: 222
Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)
....espondents illegal and to have been done without lawful authority. Accordingly all the petitioners are dismissed. Ed. This Case is Also Reported in: 2007 (XV) BLT (AD) 168. ......t: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, Represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Ramna, Dhaka and others… ……&he......trying to evict the allottees i.e. Respondent in the respective leave petitions, they moved the High Court Division. It is the case of the Respondent in the respective leave petitions that they are legal allottees of the land and they have performed part of their obligation i.e. paid installment..Category: Property Law | Date: | Hits: 27
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ...... Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Adamjee Jute Mills Ltd. and others…………….Petitioners Vs. M.A. Kashem and an......o. AJM/Pers/1/T-1/2000/200 dated 3.12.2000 directing the writ petitioner to go on retirement with effect from the afternoon of 28.2.2001 has been made/passed without any lawful authority and of no legal effect. 2. The respondent No. 1-writ-petitioner filed the writ petition stating, ..Category: Labour and Industrial Law | Date: | Hits: 77
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
....been stated that the Sub Rule (3A) is not ultra vires the Article 27 and 29(1) of the Constitution. The further case of the respondent is that the selection and recommendation of the 46 officers were properly made in a properly held meeting of the departmental promotion committee on the basis of mer......lso Reported in: 2007 (XV) BLT (AD) 124. ......uivalent to the District level officers of the Livestock Directorate in the scale of Taka 4800-7250/- vide Annexure 'P' should not be declared to have been made without lawful authority and are of no legal effect. 2. That the appellant No. 1 was appointed temporarily on ad-hoc basis as Than..Category: Employment/Service Law | Date: | Hits: 133
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....9.1988 in favour of the plaintiff and his brothers namely, Mamunur Rashid, Mahbubur Rashid and Mahfuzur Rahman. Subsequently by a deed of partition the said four brothers made partition of the entire property received by them from their father and the suit premises along with other properties fell i......ed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by the High Court Division in Civil Revision No.1238 ......ption of documentary evidence and also misconstrued H.R.C Case No. 7 of 1994 overlooking that in the said case the present plaintiff was not a party and the deposit made in the said case could not be legal and valid as against the plaintiff and further the said case was not alive on the relevant dat..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....fendant did not contest the arbitration proceeding any further and so there is no illegality in making the award the Rule of the Court. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no ......Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by the High Court Division in First Appeal No. 87 of 2002). ......after on 23.5.1998 the defendant filed another adjournment petition which was rejected and then the defendant did not contest the arbitration proceeding any further and so there is no illegality in making the award the Rule of the Court. 6. We are of the view that the High Cou..Category: Alternative Dispute Resolution | Date: | Hits: 192
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