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Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
.... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ......ucted by Md. Aftab Hossain, Advocate-in-Record-For Respondent No. 4. Not Represented-Respondent Nos.1-3. Civil Petition For leave to Appeal No.733 of 2005. (From the judgment and order dated 10.4.2005 passed by the High Court Division in Writ Petition No. 2154 of 2005). ......f 3 unions and that he has been acting as an agent of the Government in the matter of registering the marriage and realisation of the taxes for the purpose. The very appointment has not created no legal right in the said post inasmuch as Second Proviso to section 4 of the Muslim Marriage and Div..Category: Constitutional Law | Date: | Hits: 108
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
..... Case No.102 of 2002 is, the counter case of Druta Bichar Case No.22 of 2004 and the petitioner would be seriously prejudiced if the trial of the two cases is not held simultaneously and that for proper adjudication both the case should be heard simultaneously. The, learned Druta Bichar Tribuna......dul Basel Majumder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on Record-For Respondent No. 5. Civil Petition For leave to Appeal No. 485 of 2005 (From the judgment and order dated 28th March, 2005 passed in Writ Petition No. 1823 of 2005 by the High Court Divisi......atory that both the G. R. Case and Druta Bichar Case should be tried simultaneously and therefore the High Court Division having misread and misconstrued the aforesaid provision of law committed illegality in directing the Druta Bichar Tribunal to dispose of G.R. Case after the disposal of the D..Category: Criminal Law | Date: | Hits: 31
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ...... Lawyers Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition For leave to Appeal No. 106 of 2004 (From the judgment and order dated 23.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 873 ......zance taken by the Senior Special Judge and consequently framing of charge under section 467/471/199 of the Penal. Code along with section 5(2) of the Prevention of Corruption Act, 1947 was clearly illegal. 6. The High Court Division on consideration of the materials on record found that: "..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....e revolver was removed in such a case of unnatural death; P.W.39 the succeeding investigating officer was also examined after more nine months of the occurrence and P.W.38 did not even consider it proper to send the seized revolver to finger print expert which shows how a perfunctory investigati......te-on-Record-For the Appellant. Abdul Malek, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Respondent. Criminal Appeal No.16 of 1999. (From the judgment and order dated 2.11.1994 passed by the High Court Division in Criminal Appeal No. 1859 of 1991). ......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ..Category: Criminal Law | Date: | Hits: 48
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ......Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Government of Bangladesh and others………Petitioners Vs. Professor Apu Ukil…&he......ic case mentioned in the grounds nor about his involvement in alleges supply of M-16 Rifle. Even if there has been any specific case filed against the detenu subsequent to his arrest he will face legal consequence in the said case. Delivering of speeches, making of political statements, critic..Category: Criminal Law | Date: | Hits: 109
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....990 of the Court of Assistant Judge, Manikganj Sadar in Title Suit No. 425 of 1977 dismissing the suit. 2. The petitioner along with Giriza Shaha filed the above suit for declaration that the suit property is a debottor property and not khas property of the government and that the notice for evic...... Appellate Division (Civil) Present: Md. Rahul Amin J Md.Tafazzul Islam J Probir Kumar Basak Chowdhury………………........Petitioner Vs. Thana Nirbahi Officer, Manikganj and others……………….......Respondents Judgment August 3, 2006. Cases Referred To- ......debottor property and not khas property of the government and that the notice for eviction under section 92 of the State Acquisition and Tenancy Act, 1950 being No. 4 of 1976-77 dated 28.10.1977 is illegal on the averments that two brothers, Mohendra and Lalit were the original owners of suit plot N..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ...... JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Abdur Rahman……………………………………………..Appellant Vs. Government of Bangladesh and another…………………Respondents Judgment July 11, 2005. Result: The appea......ellant is not entitled to get pension benefit without being a regular Government servant. 2. The appellant as the petitioner filed the A.T. Case before the Administrative Tribunal challenging the legality and propriety of the order dated 3.3.1994 passed by the Secretary, Ministry of Local Govern..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....s at the root resulting the suit not maintainable as framed. The suit ought to have been dismissed on this issue." 9. Accordingly we are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at the correct decision. T......zul Islam J Md. Jahir Uddin………………………………………Petitioner Vs. Rupali Bank Ltd. and others……………….Respondents Judgment August......intiff instituted the above suit seeking declaration that the order dated 12.11.1997 suspending him from service and the show cause notice dated 14.6.1999 proposing his dismissal from service is illegal, void and not binding upon him on the averments that he, in the year 1968, joined the erstwhi..Category: Employment/Service Law | Date: | Hits: 84
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....for immediate settlement of the land apprehending their dispossession there from by trespassers; then Barrister Md. Rafiqul Islam Miah, the then works Minister, made a query as to whether it would be proper to convert the above land of C. S. Plot No. 97 into a commercial plot as it was acquired for ...... of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceeding before any court or tribunal and, consequently, it cannot be quashed. So, the instant criminal miscellaneous cases are quite prem......igh Court Division failed to take into consideration that the petitioners played no role in the process of allotment of the industrial plots except making the application and performing other related legal procedure in obtaining allotments of industrial plots for their respective industries; the cas..Category: Anti-Corruption Laws | Date: | Hits: 152
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....considering the materials on record as well as without entering into the merit of the appeal and deciding the appeal on merit allowed the appeal and sent back the suit to the trial Court "for proper adjudication afresh" upon observing "So all the issues are to be considered after ...... ......s is the accretal land to the C.S. Plot Nos. 670, 671, 674, 675, 676 and 250 and that as the said land accreted to the aforesaid plots which were owned and possessed by plaintiffs, as such they are legally owners of the accreted land. It may be mentioned quantity of the land of the aforesaid C.S..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....peculiar circumstances may act under Article 104 of the Constitution of the People's Republic of Bangladesh to meet the ends of justice. It is also submitted that fresh trial of the petitioner is improper when he had suffered imprisonment from incompetent prosecution for no fault of his own but f......l Kabir Chowdhury J Mohammad Ullah……………........................Appellant Vs. Sessions Judge, Noakhali having office at Maijdi Court, Noakhali and others ............Respondents Judgment November 22, 2005. Cases Referr......s and 14 days and he was released from jail upon declaration of general amnesty by the then Acting President. On release from jail the appellant filed Writ Petition No.3832 of 1992 challenging the legality and validity of the order of sentence passed by the Special Martial Law Court No.4, Comill..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... of Criminal Procedure apparently suspending the proceedings of the said Sessions case is tenable in law. 9. Some important facts are now recapitulated by way of reiteration in the interest of the proper appreciation of the point involved. Following the alleged murder of the daughter of the appel......late Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Muhammad Ismail………...............................Appellant Vs. Md. Rafiqul Islam and others….....................Respondents Judgment March 7, 2007. Result: The appea......h in substance and the accused were not prejudiced; moreover the alleged non-compliance with section 200 of the Code of Criminal Procedure could at best be regarded as a mere irregularly and not an illegality which could have been considered to be curable under section 537 of the Code of Criminal Pr..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....shid and Mosammat Barkatannesa and received possession thereof and as required for mutation she sought clarification from the respondents No. 2 as to whether the above propÂerty was listed as vested property whereupon by certificate under Memo. No. 4818 V. P. dated 28.11.1978 addressed to the Circl......ppellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mrs. Saju Hosein..............Appellant (In Civil Appeal No. 129 of 2001) Mrs. Rani Begum and others.........Appellants (In Civil Appeal No. 130 of 2001) Vs. The Government of the Peop......issued by the respondent No. 2, Additional Deputy Commissioner (Revenue), Dhaka requesting the Deputy Commissioner of Police (West), Dhaka Metropolitan Police, to deploy 40 armed police so that the illegal trespassers who were in possession of 1.37 acres of land which has been leased to Mr. Habibur ..Category: Property Law | Date: | Hits: 40
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....andra Das died leaving sons, Satish Chandra Das and Subodh Chandra Das and they sold the land to Moslem Bepari and Abdul Barek Bepari by kabala dated 12.03.1923 and the purchasers made waqf of the property. The plaintiff is the successive Mutawalli of the Waqf Estate. One Nasiruddin, the pr...... MLR (AD) 2006, 119. ......court to perform some jobs which is not in siesin of the matter, is not sustainable in law and the submission that while exercising revisional jurisdiction, the High Court Division committed illegality in directing the lower appellate court to take further evidence as to the matters as ment..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....g the suit on contest. 2. Plaintiff-respondent Nos. 1 and 2 instituted Other Class Suit No.360 of 1973 in the Court of Munsif, Sadar, Rajshahi for declaration of their title to the suit property stating, inter alia, that one Tarini surrendered his korfa pattan in respect of ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Syed J. R. Mudassir Husain J Shamsur Nessa and another................Appellants Vs. Md. Shajahan Ali and others.............Res...... regard to the facts and circumstances of the case, we are fully in agreement with the findings and decisions of the High Court Division and we hold that the High Court Division committed no illegality in reversing the judgment of the lower appellate Court and the High Court Division re..Category: Property Law | Date: | Hits: 21
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... of 1987 rejecting application filed by the petitioners praying for adding them as parties. 2. The respondent Nos.1 and 2 instituted the above suit for declaration of their title in the suit property and also recovery of khas possession of the same on the averments that Sharat Chandr......n: V ADC (2008) 605. ......vendees of the said sale deed i.e. Hosne Ara and others appeared and contested the suit; the trial court after hearing, decreed the suit on 18.4.1978 holding that the above Sale Deed No: 4979 is illegal and void; the above defendants then preferred First Appeal No.84 of 1979 before the High Cour..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
....n No. 113, Mouza-Shontosh, Police Station and District-Tangail belonged to Kangal Chandra Denagir. After the death of said Kangal Chandra Denagir, his only son, Roma Choron Dey became owner of the property by inheritance. On 28-05-1956 by deed No.4660 Roma Choron Dey transferred the same that is...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Malek and another…………............Petitioners Vs. Md. Sanowar Ho...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ..Category: Property Law | Date: | Hits: 26
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ascertain the identity and location of the suit land for which recovery of khas possession was prayed for. 7. It further appears from schedule-2 of the plaint that the suit land has not been properly described and depicted and the same is not identifiable in the locality. Hence local inve......hellip;….........Appellant Vs. Md. Abul Kashem & another ......................Respondents Judgment June 19, 2005. Case Referred to- Danish Ali and others Vs. Sakina Bai and others, 4 BLD (AD) 68. Lawyers Involved: Md. Waliul Is......ay of disposing a revisional application summarily without issuing any Rule and behind the back of the affected party without affording any opportunity to place his case which is neither legal nor fair. 9. In view of the discussion above, we are of the view that the High Court D..Category: Property Law | Date: | Hits: 71
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......J Mohammad Fazlul Karim J Amirul Kabir Chowdhury J N A Choudhury, Sponsor Director of Agrani Insurance Company Limited (proposed) ............Appellant Vs. The Controller of Insurance and othÂers. .........Respondents Judgment December 7, 2005. Result: The appeal is dis......lant does not stand on any foundation. . . Mere filing appliÂcation for registration and recommendaÂtion by various committees and enlisting the name of the appellant in the panel does not vest any legal right in favour of the appellant judicially enforceable in a writ petition………………â€..Category: Business or Commercial Law | Date: | Hits: 81
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....nfirmity in the judgment and decree passed by the trial court and accordingly affirmed the same. The High Court Division on going through the judgment also found that both the courts below on proper assessment of the evidence on record have come to a concurrent finding and the learned couns......ported in: V ADC (2008) 585. ......d huts thereon and hence the suit. The defendant Nos. 1-4 contested the suit by filing written statements stating that they purchased, in total, 21 decimals of land in Khatian No. 30 form the legal owners of the land and have been possessing the same for more than 30 years by constructing t..Category: Property Law | Date: | Hits: 23
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