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Ferastullah Sarder Vs. Md. Mobarak Ali Gazi and others, 2008, 37 CLC (AD)

....ecessor of the petitioners as plaintiffs instituted a Title Suit No.56 of 1991 in the court of the learned Assistant Judge Koyra against the respondent for declaration of title and confirmation of possession and  permanent injunction on the allegation, inter alia, that the land measuring 1......he court of the learned Assistant Judge Koyra against the respondent for declaration of title and confirmation of possession and  permanent injunction on the allegation, inter alia, that the land measuring 162.58 acres of land appertaining to C.S. Khatian No. 294 belonged to Kalachand Gazi......etitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ......t finding which calls for no interference by this Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 456. ..

Category: Property Law | Date: | Hits: 22

ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)

....revious lease was allowed the lease of fishery from 1392 B.S. to 1394 B.S. on payment of 50% enhance renting on satisfactory per­formance of developments of work but could not be delivered with possession pursuant to a decree dated 31.01.1979 in Title Suit No.566 of 1976 at the instance of tw......t years. In view of the above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......rdingly, the appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 451. ......on and as such, respondent No.1 was not required to pursue the reme­dy provided the PDR Act; that no notice under section 7 of the PDR Act having been issued and served on respondent No. 1, the question of pursuing the remedy under the PDR Act does not arise. The learned Counsel finally submi..

Category: Civil Law | Date: | Hits: 101

Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)

....n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......95 arose on a First Information Report dated 11.11.1993 with local Alamdanga Police Station and the prosecution case, inter alia, was that the young brother of informant used to borga cultivate the land belonging to Saleha Khatoon and planted B.R.H. paddy. At 11.30 A.M. on 11.11.1993 accused Mono......ifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sen­tence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ..

Category: Criminal Law | Date: | Hits: 35

State Vs. Nuru Mira, 1993, 22 CLC (AD)

.... Amjad or his father had got no grudge from before. If any body were to be falsely implicated in the case, the acquitted accused Hashem Sharif, Hanif Sharif and Kashem Sharif, who had disputed the possession of the land would have been the proper persons. They are cousins of Amjad and accused is......nd judgment of the High Court Division is dated 9 January 1986 in Crl. Appeal No. 5 of 1983. 2. Facts leading to appeal are the fol­lowing: In connection with the reaping of paddy in a land of Informant Mir Asmat Ali (P.W.1), a shalish was held in his in his house in village Harogach......his bail bond and to serve out the unexposed period of his sen­tence. Ed. This Case is also Reported in: II ADC (2005) 867. ......nd Order dated 9-1-1986 passed by the High Court Division, Barisal Sessions, Barisal in Criminal Appeal No. 5 of 1983) Judgment Shahabuddin Ahmed CJ.- This appeal by the State calls in question an order of the High Court Division in appeal acquitting the accused, respondent Nuru Mira..

Category: Criminal Law | Date: | Hits: 44

Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and oth­ers, 1998, 27 CLC (AD)

....departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ......departs temporarily for any reason so that he remains a party to the deliberations and, therefore, competent to sign the judgment. Ed. This Case is also Reported in: II ADC (2005) 850. ...... Present: ATM Afzal CJ Latifur Rahman J Muhammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Miss Shaheda Khaturi.......Appellant Vs. Administrative Appellate Tribunal, Dhaka and oth­ers..........Respondents Judgment ......er dated April 11, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 43 of 1989). Judgment ATM Afzal CJ.- This appeal, among other, raises a very serious and important question, whether a Tribunal established under a law can sit on judgment over a decision of the Hi..

Category: Administrative Law | Date: | Hits: 110

Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)

....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ...... in Civil Revision No. 863 of 1994. 2. The appellant instituted Miscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by a deed of exchange dated 8.6......p;………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, 1999. Lawyers Involved: Sharifuddin Chaklader Advocate-on-Record-For the Appellant. S. R. Kamakar, Advocate-on-Record-For Re......transfer of a portion of the tank and homestead was effected by a deed of exchange and not be sale. 4. The learned Assistant Judge, Luxmipur, dismissed the case holding that the transfer in question was by way of ewaz and not by sale and that the Miscellaneous case was also barred by limi..

Category: Property Law | Date: | Hits: 66

Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)

.... The respondents as plaintiffs filed Title Suit No. 193 of 1987 in the Court of Assistant Judge, Sadar, Sylhet for declara­tion of an easement right over the suit path­way, confirmation of possession and also for permanent injunction restraining the defendant-appellant and others from in......the same in any manner by putting any obstruction e.g., a gate at the entrance of the pathway. They claimed the suit pathway to be in existence for over a century over which the owners of adjacent lands had been enjoying the easement right uninter­ruptedly, continuously and peacefully, the s......ut without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ..

Category: Procedural Law | Date: | Hits: 64

Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)

....e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......e appeal is allowed without any order as to costs and the judgment and order passed in writ Petition No. 2016 of 1993 is set aside. Ed. This Case is also Reported in: II ADC (2005) 825. ......ant Vs. The Chairman, Labour Court and others........... ..............Respondents Judgment March 30, 2005. Lawyers Involved: Khalilur Rahman, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant. Abdul Halim Chak...... Order dated 29.4.1998 passed by the High Court Division in Writ Petition No.2016 of 1993) Judgment MA Aziz J.- This appeal by leave by the Second Party Star Jute Mills Ltd. Calls in question the judgment and order dated 29.4.1998 passed by the High Court Division discharging the r..

Category: Labour and Industrial Law | Date: | Hits: 251

Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)

....here cannot be any doubt as to the genuineness of the execution of the document by the plaintiff. The appellate Court below also affirmed the findings of the trial Court that the defendants are in possession of the suit land. The appellate Court below also found that the suit was not maintainabl......al Mollah (substituted by his heirs and succes­sors since his death) instituted the suit for a declaration that four kabalas are null and void and not binding upon him. He averred that the suit land originally belonged to him. Defendant No. 1 had been residing in his house as a Jaygir since ...... Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Md. Nazir Hossain Khan and another.... ........Appellants Vs. Md. Mujal Mollah being dead his heirs...... deeds on payment of ad valorem Court fees. 5. In the appeal that was tiled by the plaintiff the appellate Court found that the signatures of the plaintiff in the disputed kabalas are not in question. It was rather admitted that he signed the deeds but did not know that those were sale de..

Category: Property Law | Date: | Hits: 34

Md. Shahjahan Vs. Azizur Rahman and others, 2004, 33 CLC (AD)

....7.09.1984 which has been overlooked by the High Court Division and further submission of the charge-sheet itself discloses that the papers which were seized as alamats were recov­ered from the possession of respondent No. 1 and as such the High Court Division misread the charge-sheet and the...... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is con­cerned. Ed. This Case is also Reported in: II ADC (2005) 801. ......otijheel RS. Case No. 84(9) 84 so far present appellant is con­cerned. Ed. This Case is also Reported in: II ADC (2005) 801. ...... proceeding of G. R. Case No. 3997/84 corresponding to Motijheel RS. Case No. 84(9) 84 so far present appellant is con­cerned. Ed. This Case is also Reported in: II ADC (2005) 801. ..

Category: Criminal Law | Date: | Hits: 38

Munshi Md. Rashed Kamal Vs. Abdus Salam and anoth­er, 2005, 34 CLC (AD)

.... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ...... The appeal is, therefore, allowed. The impugned judgment and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ......t and order dated 10.3.2002 of the High Court Division is set aside. Ed. This Case is also Reported in: II ADC (2005) 798. ...... dis­closed the alleged offence and that there is no abuse of process in the proceeding. 5. He further submits that the High Court Division committed error in holding that the notice in question was issued upon the respondent after the expiry of 15 days as required under the provision..

Category: Criminal Law | Date: | Hits: 42

Md. Abu Daud Sarder Vs. State and anoth­er, 2002, 31 CLC (AD)

....on 21 September, 1993) filed Title Suit No. 62 of 1993 in the Court of Assistant Judge, Satkhira impleding the complainant and others as defendants seeking declaration of title and confirmation of possession as regard the land of deed No. 86 of 8-1-1976 and that in the said Title Suit he has fil......9 of the Penal Code. 2. The aforesaid C.R. Case was started upon a petition of complaint filed by respondent No. 2 alleging, inter alia, that in connection with the dispute relating to the land owned by him, he approached the appellant, being the headman of the village, for settlement an......steps as per law to start criminal proceeding against the appellant. Ed. This Case is also Reported in: II ADC (2005) 784. ......aving been sent for obtaining opin­ion of the Hand Writing Expert and the report of the Hand Writing Expert as await­ing and that adjudication of issue as to gen­uineness of the deed in question as is pend­ing before the Court of Assistant Judge, the proceeding of the C.R. Case be..

Category: Criminal Law | Date: | Hits: 50

MD, Foundation Engineer Shatu Ltd. Vs. Civil Engineer (RHD) Sarak Bahban, 2001, 30 CLC (AD)

.... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ...... those dated 3.7.1995 passed by the First Court of Subordinate Judge, Dhaka, in Miscellaneous Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ......s Case no. 16of 1995 are restored. Ed. This Case is also Reported in: II ADC (2005) 782. ......pellant with regard to the rates of the works actually done and certified by the respondent. Therefore, it was not at all necessary for the Arbitrator to make physical verification of the works in question. The High Court Division missed this vital aspect of the case and uncon­sciously thoug..

Category: Civil Law | Date: | Hits: 98

M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)

....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ...... dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ...... appeal from judgment and order dated 26 July 1992 passed by the High Court Division in Writ petition No. 51 of 1990 (renumbered as W. P. No. 1404 of 1991) discharging the Rule. 2. The same question being involved in both the appeals, namely, the vires of the Mujibnagar Employees (Conditio..

Category: Employment/Service Law | Date: | Hits: 106

Bangladesh Biman Corporation and oth­ers Vs. Md. Jusimuddin, 2001, 30 CLC (AD)

....s without lawful authority. 5. The High Court Division while mak­ing the Rule absolute has observed that before the letter of resignation could be accepted authority had already been in possession of the letter of withdrawal of the letter of resignation. And that it was not reflected ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......eal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......no help to the learned Counsel in support of his aforesaid submis­sion. The learned Counsel has also referred us to a case report in AIR 1978 (SC) 694. This case has no relevancy since there in question of withdrawal of prospective res­ignation came up for consideration, but the instant ..

Category: Employment/Service Law | Date: | Hits: 95

Mozirullah and oth­ers Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)

....iled the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khatian No. 5, plot No. 202 of Mouza 171 Dagan Bhuiyan (Schedule-kha) and for recovery of possession thereof. It is the case of the plaintiff that Hamid Ali and Azhar Ali, two brothers, by......passed by the learned Munsif, Dagan Bhuiyan, District Feni in Title Suit No. 153 of 1984, decreeing the suit. 2. The plaintiff respondent filed the suit for declaration of title to acres of land (Schedule-ka) out of a total of .7 acres of land in khatian No. 5, plot No. 202 of Mouza 171 ...... Mustafa Kamal J Latifur Rahman J Mohammad Abdui Rour J Bimalendu Bikash Roy Choudhury J Mozirullah and oth­ers...........Appellants Vs. Shafukuddin Ahmed and others...............Respondents Judgment August 28, 1996. Lawyer......d the judgment and decree dated 31-1-90 passed by the learned Subordinate Judge, Feni in Title Appeal No. 27 of 1986 are affirmed. Ed. This Case is also Reported in: II ADC (2005) 668. ..

Category: Property Law | Date: | Hits: 33

Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)

....here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......ahman under section 323 of the Penal Code. The defence case as could be gathered from the trend of cross examina­tion was that of innocence and false impli­cation due to family rivalry and land dis­pute and that the family members of the informant could not accept the above mar­r......sion so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 448. ..

Category: Criminal Law | Date: | Hits: 97

Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)

....authority to collect all the materials from the petition­er before his resignation was accepted. Moreover the gist of the complaint which appears to be for recovery of original papers from the possession of the respon­dent No.1, does not fall within the mis­chief of section 409 of th......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ......sion so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ......here is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 449. ..

Category: Criminal Law | Date: | Hits: 47

Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)

....of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......mount of total TK.3,50,000.00. Out of the said amount they purchased turmeric of TK.3,39,916.00 and the accused gave receipt of taking TK. 2,99,000.00. In the meantime the accused sold the goods in question and the accused No.1 informed that total capital and profit of the complainant stands to a..

Category: Criminal Law | Date: | Hits: 41

Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)

.... 6550 and 6551, was also prepared in their names; Krishan Kanta transferred his 30 decimals of land in favour of the plaintiff No.1 by a regis­tered patta dated 9.6.1953 and also deliv­ered possession and the plaintiff No.1 is possessing the said land by paying rents; Protap Chandra havi......t. 2. The predecessor of the petitioner Nos.1-19 as well as the predecessors of the respondent Nos.8-21, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of Ka scheduled land and also seeking declaration that the deeds as described in the schedule Kha and Ga to the pl......nce. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ......ality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 424. ..

Category: Property Law | Date: | Hits: 33