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Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....he plaintiff has been in possession of the suit land by constructing pucca wall, bathroom, latrine and tube well. She also planted various sorts of fruit bearing trees in the suit plot. She also paid holding taxes regularly in the Municipality and subsequently, transferred 14 decimal of land to seve......de jure relation of ownership. Possession is thus external form to justify and normally manifest in the possession in fact. Possession denotes the relationship between a person: (a) some actual power over the object possessed i.e. physical (corporeal) control or actual possession; and (b) some amoun..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....ssues of facts that normally crop up as pertinent questions in a case of benami transaction and not a single issue in isolation and also the submission that the High Court Division erred in law in holding that the learned Subordinate Judge (now Joint District Judge), was not aware of the legal p...... predecessor‑in‑interest of the respondents, instituted Title Suit No. 80 of 1966 in the Court of Subordinate Judge (now Joint District Judge), Rangpur for establishment of title and recovery of khas possession in the suit property stating, inter alia, that he had some properties in ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....h of Swapna Begum and thereupon UD Case No. 57 of 1999 dated 18‑41999 was registered. The police personnel of Narail Police Station went to the house of the condemned prisoner and after holding inquest sent the dead body to the morgue. 7. After receiving the post mortem r......ate, PLD 1979 SC 741; M Amir Khan vs Controller, State Duty, 14 DLR (SC) 276, Zobaida Nahar @ Jharna vs Khairunnessa being dead her heirs Md Feroz Alam and others, 3 BLC (AD) 170, Nurul Hussain vs Government of the People's Republic of Bangladesh, 1 BLC (AD) 219 and 43 DLR (AD) 92. Lawyers..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....nd substantial in issue in the Artha Rin Suit No. 147 of 1992, the subsequent instant suit being Title Suit No. 197 of 2001 being barred by principle of res judicata, the Courts below erred in law in holding that the decision of the Artha Rin Adalat could not operate as a bar of the present instant ......r ......Respondent Judgment July 5, 2004. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Section 11 The matter in issue was not at all in controversy in the previous suit and that the same was not litigated upon or any decision arrived at by ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....ivision in revisional jurisdiction. The High Court Division by common order, as stated herein above, rejected the revisional applications summarily upon observing "Since in the instant cases the holding in question has been separated or sub divided upon opening a new khatian at the instance of ......ondent No.2 by Rangubala by granting permanent lease reserving to herself annual rent of Tk. 1 and that Ayesha Khatun paid the rent to the lessor till the rent receiving interest was acquired by the Government. It was also the case of the pre-emptees that S.A. Khatian was not correctly prepared beca..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
....the concept of prima facie case, balance of convenience and inconvenience and chance of suffering irreparable loss and injury, that the High Court Division as well as the trial Court were in error in holding that the award, if any, passed in the arbitration proceeding initiated in Singapore would no...... PCCI and another 49 DLR (AD) 46; Saipam SPA vs Bangladesh Oil Gas and Mineral Corproation (Petro‑Bangla) 5 MLR (AD) 45; CPLA Nos. 73‑75 of 1982; 32 DLR 94; Engineer Mahmudul Islam and others vs Government of Bangladesh and others 55 DLR 171.
Lawyers Involved:
Amirul Isl..
Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....are senior in service to respondent Nos. 2‑61. Briefly stated, the appellants' case is that the Public Service Commission issued Advertisement No. IF‑H/82/290 dated 10‑6‑82 (Annexure‑G) for holding a combined competitive examination for recruitment of 2490 persons to 25 cadre services incl...... or no provision of law was left unnoticed in the impugned judgement there is no scope of review……….(30). Cases referred to- Nowabzada Muhammad Amir Khan vs. Controller of Estate Duty, Government of Pakistan, Karachi and another 14 DLR SC 276; Akbar Ali vs. Iftekhar PLD 1949 PC 339; Ma..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....ailed to reject the plaint of the Bankruptcy Case in exercise of its jurisdiction under sub‑section 1(Ka) of section 28 of the said Act. He further submits that the learned Judge acted illegally in holding that the matters raised in the petition under section 28 of the Bankruptcy Act would be deci...... wilful defaulters but the rest of the facts in support of such statements are contentious. It is true that in paragraph 7 it is stated that they had already repaid Taka 10, 00,000 but since there is overwhelming amount of demand for more than Taka 7 crore, this payment of Taka 10, 00,000, even if i..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sunder Ali being dead his heirs A. Hannan & ors. Vs. Md. Serajul I. Sarker & ors., 2004, 33 CLC (AD)
....ule absolute was wrong on principle and has also caused miscarriage of justice in the facts and circumstances of the case. 7. It may be mentioned that the High Court Division in holding that the plaint did not disclose any cause of action placed reliance on the averments made ......ality are enjoying the resources thereof, that plaintiffs have no cause of action for filing, the instant suit, that suit has been filed without impleading the people of the locality and the Government and, as such, the same is not maintainable. 4. The trial Court rejected the s..Category: Property Law | Date: 27 Apr, 2004 | Hits: 102
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
....g price as mentioned in the kabalas as well as the compensation as provides by the law, but they denied finally on July 3, 1988. The pre-emtees are strangers in the holding and also not co-sharer of the land so transferred. 5. The pre-emptor claimed pre-emption as......6 or 117, but nevertheless it denotes, in general sense, separation of a share from a joint tenancy, and as such 'separation' necessarily means subdivision of a joint tenancy and falls under, and is governed by clause (c) of section 117. Effect of separation of a share from the joint holding falls u..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....on of the suit premises to the landlord a tenant cannot claim title and ownership of the suit premises. The trial court below without considering the above legal position passed the impugned judgment holding that there is a dispute in between the parties over the title of the suit premises and on th...... 3.2.1988 between the plaintiff and the defendant in respect of the suit premises for a period of 5 years at the monthly rent of Tk. 801/-, that after expiry of the said period defendant did not make over possession of the suit premises to the plaintiff and thereupon he served legal notice on the ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)
....er of rejection of the appeal was communicated to the respondent on April 7, 1994. 5. Thereupon, the respondent filed case before the Administrative Tribunal and the said Tribunal upon holding that there was no procedural defect in holding the departmental proceeding and all the all......the order of dismissal in the manner as stated in the judgment of AAT upon importing the concept of proportionality which has no application in the instant case and thus it is not sustainable. Moreover doctrine of proportionality is non-existent in the field of administration of justice in Bangl..Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130
Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)
....ingly, the World Bank was Willing to disburse the money but the respondents Unlawfully declined to claim the money from the World Bank. (2) The High Court Division has committed error in law in holding that the contract was an ordinary commercial one inasmuch as the agreement has given rise to......e inasmuch as the agreement has given rise to international obligation and, as such, it cannot be termed as an ordinary commercial contract. Since the respondents have entered into a contract in its sovereign capacity it is no longer an ordinary commercial contract. (3) The High Court Division..Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215
Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)
....bmits that while the High Court Division itself found that no specific allegation was made in the letter of termination against the writ‑petitioner, the said Division was in serious error in holding termination of appointment of the writ‑petitioner was illegal on the ground that his ...... Judgment April 5, 2004. The Code of Criminal Procedure, 1898 (V of 1898), section 492 The relationship between the Special Public Prosecutor and the Government being that of a client and a lawyer and that being the accepted position and whose skill ..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201
SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)
....; Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division passed in Writ Petition No. 2982 discharging the Rule holding "the petitioner has no locus standi”. 2. Facts, in short, are Advoc...... Bangladesh and others .......................Respondents Judgment April 5, 2004. The Code of Criminal Procedure, 1898 (V of 1898), Section 492 The government is legally authorised to terminate appointment of a Special public prosecutor out of nece..Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259
Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)
....ely its inherent power, that in view of the provision of section 3(2) of the Anti‑Corruption Act, 1957 read with paragraph 59 of the Anti‑Corruption Manual the High Court Division erred in law in holding that cognisance was taken illegally by the Special Judge in the special cases. 7. The le......n each case to determine whether the delay constitutes abuse of the process of the Court or not. But one thing is to be kept in mind that in case delay in concluding the trial is due to circumstances over which the prosecution has no control or factors which are outside the control of the prosecutio..Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....Appeal No. 862 of 2000. 6. The learned Judges of the High Court Division by judgment and order dated 28‑1‑20033 accepted the reference in respect of accused Ershad Sikder upholding his sentence of death and altered sentence of Jamai Farooque and Liaquat Laskar from 302/34......t year the Municipal Commissioner of Khulna Municipality of Ward No. 21 accused Ershad Sikder wanted to talk to Syed Monirul and accused Liaquat Laskar informed the same to Syed Monirul Islam over telephone on 16‑5‑1999 at 8‑30 PM. The telephone was received by his younger..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....e direction to tile parties as stated hereinbefore. 5. Leave was granted to consider the submissions that the High Court Division erred in law in sending the case on remand on a mere technicality holding that the trial Court ought to have compared the signatures as required under section 73 of t......e 'bainapatra' dated August 20, 1982 which was executed upon receiving Taka 1,50,000 out of the total consideration Taka 3,00,000. The predecessor of the present respondent Nos. 1 (a) to 1 (c) made over possession of part of the property, i.e. first floor of the building, to the plaintiff. It was ..Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....es he was placed on suspension and was served with a notice to show cause and he replied to the said notice on 28‑1‑1992 denying the allegations and an enquiry officer was appointed for holding enquiry into the matter who fixed 8‑2‑1992 for enquiry, but the wife of the res......8209; (1) Any individual worker including a person who has been dismissed, discharged, retrenched, laid off or otherwise removed from employment who has a grievance in respect of any matter covered under this Act and intends to seek redress thereof under this section, shall observe the ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....in law in summarily rejecting the Writ Petition on a misconstruction and misinterpretation of section 13(1)(d) and the Explanation attached thereto to the Pourashava Ordinance, 1977, and in not holding that provisions of 13(1)(d) read along with the "Explanation" pre‑supposes......d in Writ Petition No. 5958 of 2003 summarily rejecting the same. The writ petition was filed impugning Memo, dated September 3, 2003 issued under the signature of Deputy Secretary (Pouro), Local Government Division of the Ministry of Local Government, Rural Development and Co‑operatives o..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
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