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Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....Heba-bil-ewaz deed in the name of Rativan Bibi's daughter Rahela, conclusion can safely be arrived at that Rativan Bibi executed the Heba deed in favour of her grandson through her daughter at the relevant time deceased and in favour of her another daughter totally of her own free will and she (......he is an old, blind and illiterate woman and she was taken to Jikargacha for treatment and on that date i.e. 22nd Magh, 1395 BS, defendant fraudulently obtained her thumb impressions on some papers and later on by using those papers brought into existence Heba-bil-ewaz deed in his favour i......ur Rahman....................Appellant vs Md. Amjad Hossain................Respondent Judgment October 24, 2005. Cases Referred to- Siddique Ahmed Chowdhury and others vs Gani Ahmed and others 33 DLR (AD) 1 = 1979 BSCR 375; Rokeya Khatun vs Alijan @ Alija......t of Rativan's free will and that had the Heba-bil-ewaz deeds been not executed and registered by her without understanding the nature of the transaction and of being unaware of the contents of the documents, Rativan Bibi would, in the normal course of conduct and behaviour, have taken exception ..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
....has no relevancy for the disposal of the suit and consequently, the Heba-bil-ewaz deed on the basis of which the defendants are claiming the entire land in suit, i.e. 1 decimal of land, is also not relevant for the disposal of the suit and, as such, the appellate Court was in error in making the......rriving at the finding that plaintiff was not the tenant of the defendants since in arriving at the said finding the trial Court did not consider the documents i.e. CS khatian, kabuliyat and other papers, that trial Court was in error in granting relief sought by the plaintiff without consi......is no order as to cost. Ed. ....... The trial Court on consideration of the materials on record decreed the suit with the finding that no paper has been filed by the defendants to establish that plaintiff is their tenant, that the documents showing transfer and re-transfer of the land in suit by the plaintiff and Shafion Nessa b..Category: Property Law | Date: | Hits: 36
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......presentation, section 5 thereof preparation of voter's list, section 6 declaration of schedule for election, section 7 appointment of returning officer and other sections for submission of nomination papers, scrutiny, withdrawal, declaration of final list of candidates, voting procedure, counting, d......rt Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represented by the Secretary, ......ng the cause of democracy through a process which could not be termed as undemocratic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ..Category: Constitutional Law | Date: | Hits: 221
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......was sought as not genuine since had the document being genuine the mistake as had crept in the document would not be there and that had the document been written in the presence of Abdur Rashid the papers relating to the land would have been supplied by Abdur Rashid to the plaintiff and the scri...... Present: Md Ruhul Amin J MM Ruhul Amin J Ali Akbar (Md)...............................Appellant vs Shajirannessa Bewa and others........Respondents Judgment &......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....cability of the Service Regulations of respondent No. 1 to the petitioner does not arise. 4. The respondent Nos. 1 and 2 by filing supplementary affidavit brought on record certain materials relevant for appreciation of the issues involved in the writ petition. Annexure 17, resolution of ......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......: Md. Ruhul Amin J Abu Sayeed Ahmed J MM Ruhul Amin J Capt. (Retd) B Akram Ahmed Khan Chowdhury ...........Appellant Vs. Bangladesh Oil, Gas and Mineral Resources Corporation & other...........Respondents Judgment &nbs......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....n in paragraphs III and IV of its judgment Mr Ahmed refers to the minutes of the meeting dated 6-8-2005, (Annexure-I), of the Election Commission, hereinafter referred to as the Commission and the relevant portion of the said minutes are as follows: Bangla (Vide paragraph 2(1) of A......on, as above, in the findings and observations/ directives given by the High Court Division in the impugned judgment and order. The parties will bear their respective costs. Ed. ...... Md. Tafazzul Islam J Amirul K Chowdhury J Election Commission......................Appellant [In both the Appeals] Vs. Alhaj Advocate Md. Rahmat Ali, MP and others.........Respondents [In CA No. 54 of 2006] Judgment May 23, 2006. C......ammad Ali made observation appearing at page 116 of the paper book. 45. He then refers to Annexure-IV appearing at pages 118-119 in the paper book and submits that upon consideration of the documents including Annexure-I the High Court Division concluded: "We find from th..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....ision in Writ Petition No. 2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 30, 1994. 2. Facts, relevant for the disposal of the appeal are that the appellant while serving as Senior Scientific O......i” to the President; (b) that the appellant without obtaining permission from the competent authority made false allegations against superior officers of the Institute to the ministry, to newspapers and other authorities. The appellant submitted his reply to the show cause notice and thereu...... Judgment: Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. ...... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 92
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
.... it were ambiguous Court cannot supply any new meaning to it. We also find that the Court below misread the Audit Report and erred in relying on Audit statement of Messrs Marium Ltd as these are irrelevant for the purpose of showing what properties were sold inasmuch as the Audit Report cannot b......operties at Shimral, Paribagh and in the office and store of Messrs Marium Ltd situated at 99 Motijheel Commercial Area, Dhaka (along with all available books of the accounts, registers, documents, papers) as also of the plants, tools, equipment, furniture, etc of the said company, but the posse......fazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Respondents Judgment January 4th, 2004. Lawyers Involved: ......ed in the said agreement dated 13-9-76. It was stipulated in the said agreement, inter alia, that the balance of the consideration would be paid by nine equal yearly instalments, whereafter proper documents of transfer would be registered and that the seller would be entitled to a penal interest..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
.... on "incidental" matters relating to the permanent Benches. 21. It was contended that the territorial limitation of the High Court Division or its permanent benches are inappropriate and irrelevant in the Constitutional frame. Power to amend the Constitution cannot be stretched to the e......ed situation created by the Government in arresting the 12 eminent Advocates of the Supreme Court Bar of Bangladesh, sealing of the Office of the Supreme Court Bar Association, seizure of its papers and documents after forcefully breaking open the Office-room and posting of armed police ......al J Anwar Hossain Chowdhury.................Appellant (In Civil Appeal No. 42 of 1988) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law and Justice, Bangladesh Secretariat,Ramna,Dhaka & Others ……… Respondents (In Civil Appea...... including its Preamble show the Principles and Ideals for which our national martyrs sacrificed their lives and our brave people dedicated themselves to the said war. Essential features of these documents are People's Sovereignty, Constitution's supremacy, Independent Judiciary, Democratic ..Category: Constitutional Law | Date: | Hits: 1934
Mohammad Musa Vs. Kabir Ahmed & anothers, 1989, 18 CLC (AD)
....nership business between the complainant and the accused. 4. In determining whether a person is or is not a partner regard shall be had to the real relation between the parties, as shown by all relevant facts taken together. To this provision of section 6 of the Partnership Act, 1932 there a......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ...... Vs. Kabir Ahmed & anothers.................Respondents Judgment January 25, 1989. The Penal Code, 1860 (XLV of 1860), section 406 The paddy was exclusively purchased by the PW 1 who handed over the same to the appellant for selling at Chittagong and return the money to the PW 1 but ......lly proved. It was accepted by all the three Courts below. We find no reason to interfere in the matter. The appeal is dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 151 ..Category: Criminal Law | Date: | Hits: 44
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....and s.148 in the case of Tayeb Ali, are maintained. The appeal is dismissed in the case of Budhai alias Abdul Jabbar, Lokman Ali and Pir Ali. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 147......ad submitted the kabala to the trial Court, and the Order-sheet of the trial Court shows that some documents were also produced by P.W. 1. But these documents were not marked as Exhibits though these papers should have been marked exhibit. The trial Court took notice of the kabala but observed t......d.This Case is also Reported in: 41 DLR (AD) (1989) 147......to the kabala of Bazlur Rahman, it was not available in the record but evidence of P.W.1 is that he had submitted the kabala to the trial Court, and the Order-sheet of the trial Court shows that some documents were also produced by P.W. 1. But these documents were not marked as Exhibits though these..Category: Criminal Law | Date: | Hits: 49
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....tiff by a Single Judge of the High Court Division, Barisal by the impugned Judgment and decree dated 1st December, 1983. 5. To understand the point at issue it will be necessary to reproduce the relevant clauses of sec. 86 of the Act as substituted by P.O. 135 of 1972 made on 3rd November, 1972......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ......Nizamuddin Mohsin being dead his heirs Setara Begum & Others.........Appellant Vs. People's Republic of Bangladesh........Respondents Judgment December 1, 1988. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 86(1) (2) (3) as amended by the State Acquisition an......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Mozibur Rahman Vs. Chairman, Dhaka Improvement Trust, 1989, 18 CLC (AD)
....ld be condemned unheard — does not permit this. Such adverse remarks cannot be taken into consideration in deciding promotion. If out of two or more grounds one is later found to be non-existent, irrelevant or bad then the decision becomes unsustainable on the principle that it is not known to wha......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131......of 1987. (From the Judgement passed by the High Court Division Dhaka dated 8.4.87, in Writ Petition No. 120 of 1985). Judgment: A.T.M. Afzal J. — This appeal by leave is from the judgment and order dated 8 April 1987 passed by the Writ Bench of the High Court Division, Dhaka dischargin......egally and without any lawful authority. Let there be a fresh selection for promotion to the post of Executive Engineer as soon as possible. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 131..Category: Employment/Service Law | Date: | Hits: 89
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
.... the order of injunction against Abdul Majid, the finding that the informant party were in possession of the disputed holding could not have been made, at least the possession of Abdul Majid on the relevant date would have been highly doubtful. In any case the appellant could not be legally conv......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ......4 An order of injunction in respect of the disputed property from a competent civil court is pending against Abdul Majid. The said order pre-supposes the appellant's possession of the case holding and so long the order of the Civil Court was there and determination of the question of possession w......fore us that the suit for permanent injunction has already been decreed. 11. Both the parties are claiming title and possession to the disputed holding on the basis of purchase by registered documents. Both the sides adduced oral evidence in respect of their possession and the informant p..Category: Criminal Law | Date: | Hits: 59
Abdul Mannan Bhuiyan & Others Vs. Monirul Huq and others, 1989, 18 CLC (AD)
....nd sign the requisition for special meeting and to pass any no confidence motion against the Chairman of the Upazila Parishad. 10. Mr. Abdul Wadud Bhuiyan, the learned counsel placed before us the relevant laws namely, the Local Government (Upazila Parishad and Upazila Administration Re-organisat......cted member of the Union and sub-section (2) says that if a person offers himself, at the same time, to be a candidate for election to the offices of Chairman and elected member, all his nomination papers shall stand void. Then section 16 says if any vacancy occurs in the office of Chairman or i...... Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Abdul Mannan Bhuiyan & Others……….Appellants (In Civil Appeal No. 1 of 1989.) And Bangladesh and others…..................... Petitioners (In C.P. No. 310 of 1988) Vs Monirul Huq and ot......rt Division was correct in taking the view. In the result, the appeal is dismissed. No costs C.P. No. 310 of 1989 is also dismissed. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 116 ..Category: Election Law | Date: | Hits: 128
Sanatannessa Bewa Vs. Haipatullah Sarker & others, 1989, 18 CLC (AD)
....vented by sufficient cause from appearing when the appeal was taken up for hearing dismissed the petition for restoration holding that there was no merit in the appeal. 3. Upon a scrutiny of the relevant orders, it appears that the grievance is not entirely justified. It is true that on both oc......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105......e, 1908 (v of 1908), section 104 Before exercising the discretion for restoration of a case, the court takes into consideration whether any useful purpose will be served in allowing the restoration and no such purpose is apparent on restoration in this case, the court is reluctant to restore and a......The impugned order, therefore, does not call for any interference. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 105..Category: Procedural Law | Date: | Hits: 96
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
...., 1908 (v of 1908), Order XXI, Rule 29 Stay granted by this court shall continue for four months further. In the mean time the appellants will take steps to get the suit disposed of. In case of the relevant suit being not disposed of for any reason the execution case shall proceed in accordance wi......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104...... of execution of the decree has been properly refused under Order 21, rule 29 of the aforesaid Code. 3. Briefly the facts of the case are that the respondent No. 1 Ishaque Ali, since deceased, and substituted by his heirs, brought Title Suit No. 34 of 1962 in the court of Munsif, Sylhet for......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
.... us for consideration whether it is admissible under sections 13 and 43 of the Evidence Act and may be considered as evidence of the alleged amicable partition. 7. Judgments, orders or decrees are relevant under ss. 40,41,42,43 and 44 of the Evidence Act. "Relevant" means and relates to admissibi......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ...... Hazi Waziullah alias Waziullah Miah & others................Appellants (In both the appeals) Vs. The Additional Deputy Commissioner, Revenue, Noakhali & Assistant Custodian of Vested and Non-Resident Property & others…………….. Respondents (In both the appeals) Judgmen......on—the Government and its officials by First Appeal No. 90 of 1979—and Defendant Nos. 5-11 by First Appeal No. 46 of 1980. The learned Judges on re-assessment of the evidence held that the main documents in support of the amicable partition, namely the declaration (Ext. 16) and the judgment ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
.... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ...... Vs. Mohammad Madhu Mia & others........Respondents Judgment: December 4, 1988. The Specific Relief Act, 1877 (I of 1877), section 56 A co-sharer in exclusive possession of a separate and well defined share, against another co-sharer who threatens the former with dispossession the fo......1 purchased their shares by three registered kabalas Exts. A and A (1) dated 13 March 1978 and kabala Ext. A (4) dated 28 April 1978. These kabalas, according to plaintiffs, are false and collusive documents executed by fictitious persons as Aider Sk. had no daughter like Unar Ma'. On the strength..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..........Respondents Judgment November 16, 1988. Result: The appeal is dismissed. The Easements Act, 1882 (V of 1882), sections 4 & 15 There can be no easement without dominant tenement and a servient tenement. Section 18 deals with customary easement and it says that easement may be a......ge only for about 2 years before the institution of the suit." Plaintiffs purchased the suit lands in 1972 and filed the suit in 1974 and curiously enough the plaintiffs did not produce their documents of purchase before the Court. The Appellate Court below observed, “The presumption is ..Category: Property Law | Date: | Hits: 36
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