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Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....lip;.(33 & 34) If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has acc...... The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ......h other properties was acquired by the Government and the acquisition was notified in the official Gazette and the plaintiff has no title and possession in the suit property. 4. The trial Court decreed the suit by judgment and decree dated 30-11-1997. The defendant-appellant ..Category: Property Law | Date: | Hits: 51
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...... decree dated August 25, 1969 of the Court of Munsif (now Assistant Judge) Sunamganj, Sylhet in Title Suit No. 176 of 1968 dismissing the same. 2. The suit was filed seeking a decree for specific performance of contract for sale of land. 3. The suit was filed with the aver......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......but he turned down the said request and because of that plaintiff has filed the suit in collusion with Abdul Hashim, Ayazullah, Sarafat Ali and others upon making untrue statements. 5. The trial Court on consideration of the materials on record held that the suit is maintainable, that it..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
....ved the High Court Division as against the judgment of the appellate Court in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute on the finding that "right of pre-emption can not be defeated by a person who was not a co-sharer on the date of the tr.......(27) The language of Section 89(44) and section 96(1) of the S. A. T Act is explicit, that notice is to be served on the co-sharer(s) of the holding on the date of presentation of the deed for registration and only such co-sharer(s) is competent or entitled to seek preemption…&hel...... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......death of her husband Babor Ali as she has become the co-sharer of the holding land of which sought to be preempted and, as such, the prayer for pre-emption is liable to be rejected. 5. The trial Court dismissed the Miscellaneous case on the finding that the pre-emptee is a co-sharer in t..Category: Property Law | Date: | Hits: 55
Yaor Mia (Md) and another Vs. Haji Shah Dhanai Ali and others, 2006, 35 CLC (AD)
....tion of re-conveyance on the basis of Ekrarnama. Possession being delivered to the original vendor with the re-conveyance, the transaction cannot be said to be colourable transaction to defeat the right of preemption…….(15) Under section 95A of the S. A. & T. Act, transf...... The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951). President’s Order No. 88 of 1972, Section 95(4)(5) & 95A Re-conveyance was made during pendency of the case for preemption claiming that the transaction was not an out and out sale but a sale with condition ......which were not alive when PO No. 88 of 1972 was promulgated being transaction past and closed. In view of the above, the appeal is dismissed without any order as to costs. Ed. ......essfully moved the High Court Division and thereafter moved this Court and obtained the leave as under: "Mr. SK Sinha, learned Advocate for the pre-emptor petitioners submits that the trial Court allowed pre-emption upon a clear finding that the deed in question on the face of it is..Category: Property Law | Date: | Hits: 71
Yogeshwar Gope Vs. State, 2005, 34 CLC (AD)
.... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......se of PW 1, so the inmates of the house are the natural witnesses………(15) Direct evidence of recognising the assailant in stabbing the deceased victim cannot be discarded or discredited only for absence of blood at the place of occurrence. There may be various reasons for not finding blood ...... In view of the discussion made above we do not find any substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 982; 11 MLR (AD) 2006, 226. ......Hobigonj PS Case No. 29 dated 22-4-1997 was started against the petitioner and others and the police after investigation submitted charge-sheet on 29-10-1997. 3. The case thereupon being sent for trial, the learned Sessions Judge framed charge against the accused petitioner and others under sect..Category: Criminal Law | Date: | Hits: 47
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
....aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ......tten statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case must be sent back on remand to the trial Court for giving reasonable opportunity to the appellant to contest the suit……..…&he......ration of two months next after notice in writing has been delivered to or left at the office of- (i) in the case of a suit against the Government other than a suit relating to the affairs of the Railway, a Secretary to the Government or the Collector of the District; and ......o submit written statement and ultimately disposing of the suit ex parte. It is evidently wrong and not maintainable in law. In the interest of justice, the case must be sent back on remand to the trial Court for giving reasonable opportunity to the appellant to contest the suit……...Category: Property Law | Date: | Hits: 66
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......d by section 517 Cr.P.C. The High Court Division committed illegality, while issuing rule, granting ad interim bail to the accused and releasing the seized article simultaneously without any prayer for such release and that, before hearing of the rule on appearance of the Appellant…&hellip......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ......ld are subject matter of offences alleged to have been committed by the respondent and if the seized goods are released on an application under section 498 of the Code of Criminal Procedure before trial, there remains nothing to be tried by the trial Court. He then submitted that in an appropria..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....o that effect the charge-sheet has been submitted, we find no substance in the submission of the learned Counsel for the petitioner for quashing the proceedings. The petition is dismissed. Ed. ......………………Petitioner Vs. State................... Respondent Judgment June 15, 2005. The Code of Criminal Procedure, 1898 (V of 1898), section 561A Since the First Information Report discloses a prima facie case against the Accused-Petitioner and to that effect char......gned with World Tel Holding Ltd awarding them the licence. The proposal along with the recommendation of the Evaluation Committee was then sent to the Ministerial Committee for Finance and Economic Affairs which in its meeting on 10-2-2000 approved the proposal of World Tel Holding Ltd. Therefore, o...... constitute an offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. This refers to a case at a trial stage and thereafter. 5. The High Court Division was moved with an application under secti..Category: Anti-Corruption Laws | Date: | Hits: 89
State Vs. Wasikur Rahman and other, 2005, 34 CLC (AD)
....n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......t in the prosecution case creates doubts as to the prosecution version regarding the manner of the occurrence. In such circumstances, benefit of doubt goes in favour of the accused……….(18) Before an order of acquittal is reversed it must be shown that the Judgment is not only unreasonable a......n @ Mosfeq, son of Sk Atiar Rahman, Village-Basu Para Atim Khana Goli, PS Sonadangah, District-Khulna, be set at liberty at once, if not wanted in any other matter. This Case is also Reported in: ......and then lodged first information report with the local police station. Police investigated the case and submitted charge-sheet against the two accused-respondents and others. The case being sent for trial the learned Sessions Judge examined 17 witnesses and thereafter by judgment and order dated 28..Category: Criminal Law | Date: | Hits: 67
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......ure and character of the property which is the subject-matter of the suit and as to possession of such properties. …………………..(5) The order of status quo was required to be filed before the learned District Judge and that being not done, there was no scope for converting the revis......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......This petition for leave to appeal has been filed against the judgment dated November 5, 2003 of the High Court Division in Civil Revision No. 1226 of 2003 discharging the Rule with a direction to the trial Court to dispose of the petition filed under Order XXXIX, rules 1 and 2 of the Code of Civil P..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....ated that he noticed the following injuries: "(1) One oblique non continuous, most superficial ligature mark around the neck and also high up on the neck. Knot was found on the right side of the neck including on the right ear lobule (which on the upper part of the right sid...... felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, the trial Court observed that there is evi......is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......ng her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, the trial Court observed that there is evidence of demand of dowry and non payment of which resulted in..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
.... Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the suit land for more than sixt......ct IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaintiff is required to possess the suit land for more than sixty years. Thus the High Court Division was totally wrong in making the rule absol......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ...... filed both the suits, Title Suit No. 14 of 1991 for partition and Title Suit No. 123 of 1990 for a declaration of title and for a declaration that the suit property was not an enemy property. The trial Court first decided Title Suit No. 123 of 1990 and that suit was dismissed, then the Title Su..Category: Property Law | Date: | Hits: 51
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....nt case…………..(21) The two petitioners as members of the Police Establishment were on official duty but in disregard of their duty they committed most heinous crime for which they have been rightly sentenced to death. The Appellate Division disapproved leniency in the sentence and in modif...... application in the present case…………..(21) The two petitioners as members of the Police Establishment were on official duty but in disregard of their duty they committed most heinous crime for which they have been rightly sentenced to death. The Appellate Division disapproved leniency in ......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......r sections of the Penal Code against the two accused petitioners and others. 3. The case was registered as Sessions Case No. 23 of 1995 and was tried by the Sessions Judge, Patuakhali. 4. The trial Court after trial convicted the two accused petitioners under sections 302/149 of the Penal Co..Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......two hundred yards of the proposed site of construction of the Cinema hall. So “no objection” certificate issued by the Deputy Commissioner under section 5 of the Cinematograph Act 1918 for setting up a cinema hall in such a place is without any basis. Case Referred To: ...... that: "We are unable, therefore, to agree with the view taken by the High Court that after the grant of a no objection certificate the issuance of a licence is an automatic affair or that there is no further discretion left in the licensing authority thereafter to refuse t......ate Osman Gani who in collusion with the plaintiff filed the suit only to harass the defendants and under the facts and circumstances the suit is liable to be dismissed with costs. 4. The trial Court decreed the suit and on appeal the same was affirmed. The petitioner unsuccessfully mov..Category: Property Law | Date: | Hits: 69
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......earlier convicted by the Additional District Magistrate, Mymensingh, in CR Case No. 219(1) of 1981 under section 467 read with section 109 of the Penal Code, and sentenced to rigorous imprisonment for 7 years along with fine of Tk. 10,000.00 each. Azimuddin had been acquitted by the trial Court;......ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......(1) of 1981 under section 467 read with section 109 of the Penal Code, and sentenced to rigorous imprisonment for 7 years along with fine of Tk. 10,000.00 each. Azimuddin had been acquitted by the trial Court; his acquittal was not challenged in appeal; but he has been included among the accused..Category: Criminal Law | Date: | Hits: 68
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
.... were called "transferred subjects" and the functions retained by the Government were called "retained subjects". The Parishad was made a body‑corporate with perpetual succession, a common seal and right to acquire, hold and dispose of property, etc. It was to have a Fund of its own, the major con......s. Union of India, AIR 1987 SC 232; AK Roy Vs. Union of India, AIR 1982 SC 710; KCG Narayan Deo vs. State of Orissa, AIR (1953), SC 379; Ontario vs. Reciprocal Insurers, 1924 AC 328; Attorney General for Alberta Vs. Attorney General for Canada, 1939 AC 117; Sheela Barse Vs. State of Moharastra, AIR ......r (Development). After about six months, PO No. 7 of 1972 was again amended, this time by PO No. 110 of 1972. It provided for appointment of an Administrator in place of a committee for running the affairs of all the local bodies excepting the Divisional Council and the Union Panchayet. In the case ......l body and managed them through their officers, such as Sub‑divisional Officers, District Magistrates or Commissioners. Hardly any chance was given for these bodies to grow on a democratic line by "trial and error'; at least this is the popular belief in our country. 11. The idea of local g..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......vocate, (Md. Azizul Hoque, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record -For the Petitioner. Not represented –Respondents. Criminal Petition for Leave to Appeal No. 18 of 1991. (From the Judgment and order dated 10.12.90 pass......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......No. 211 of 1987.) Judgment: ATM Afzal J.- The petitioner, a witness in the trial (PW 2), is challenging an order of acquittal passed by the High Court Division in appeal. ..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....ffs. After their death they were substituted by their heirs." The defendants entered appearance and filed written statements claiming, inter alia, that they are owners in rightful possession of the said lands, and denied the plaintiffs' right, title, interest and posse...... of 1988. On a report by Mr. AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court for publishing and making comments in the Bangladesh Observer dated February......onsive Judge." 7. It was held that the report of the contemner, a holder of a Masters degree in Journalism, and a practising Advocate, appearing for the plaintiffs, is not a fair and accurate report of a judicial proceeding, not a fair comment on the merits of the case and......o draw the attention of the judgment and decree (marked Exhibits) of the suit of 1952. It was urged that the title and the claim of the plaintiffs and their right to Possession was sound by the trial Court in the suit of 1952 and subsequently confirmed by the Dhaka High Court, and that the s..Category: Criminal Law | Date: | Hits: 141
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......;Vs. Montu alias Nazrul Haque & others...................................................... Respondents [Criminal Appeal No. 2 of 1989] AHM Kamaluddin son of the deceased Informant ……………………………&hel......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......viction of Sayedur Rahman and Bakkar was altered to that under section 324 and they were sentenced to rigorous imprisonment for 3 years. The basis of alteration of the that section 34 of the Penal trial Court's finding was Code was not applicable in their case but they were held responsible for ..Category: Criminal Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....he Muktipatra (deed of release), under pre‑emption on 13.3.74 in favour of the pre‑emptee. The preemptor's positive case is that, this Muktipatra was created in order to defeat the right of pre‑emption of the pre‑emptor who was admittedly a co‑sharer with Swapan...... Mondal by kabala dated 28.11.62. Respondent No. 2 Swapan Kumar Dafadar purchased some land from said Mohendra by kabala dated 13.4.62. This respondent No. 2 purchased the land in his own name and for his own benefits and has been possessing the same. Thereafter respondent No. 2 transferred the ...... Single Judge of the High Court Division is liable to be set aside and the pre‑emptor is entitled to pre‑emption. In the result the appeal is allowed without cost, Ed. ......order of the High Court Division, Jessore Sessions, Jessore passed in Civil Revision No. 1143 of 1980 reversing the judgment of the lower appellate Court which in turn set aside the judgment of the trial Court arising out of a pre‑emption proceeding under section 96 of the State Acquisitio..Category: Property Law | Date: | Hits: 106
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