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Nazir Ahmed and others Vs. Fajal Ahmed & others, 2011, 40 CLC (HCD)
....rs....................Appellants Vs. Fajal Ahmed & others.........................Respondents Judgment November 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any...... by Rosomoy Chandra Nath in favour of Abdul Hashem are forged, fabricated, void and not binding upon the plaintiffs. 3. The plaintiffs brought the suit stating inter alia that some 1.13 acres of land covered by two SS plots namely, 2088 and 2007 appertaining to Khatian No.1220 of Mouza Kum......ovember 23, 2011. Result: The appeal is allowed Adverse possession neither pleaded nor any evidence lent Adverse possession was neither pleaded nor any evidence was lent by the plaintiffs, findings arrived at by the trial court is no doubt a gratuitous one which is not at all sus......ession in the suit land, therefore, no evidence was lead to that effect but the learned District Judge decreed the suit declaring title of the plaintiff by adverse possession. As a matter of fact the question of adverse possession was neither pleaded nor proved by the plaintiff; therefore, part decr..Category: Civil Law | Date: 23 Nov, 2011 | Hits: 7
Nurul Islam (Md.) Vs. State, 2011, 40 CLC (HCD)
....l Islam has preferred this Appeal. 9. Mr. Md. Khurshid Alam Khan, the learned Advocate of the appellant submits that the prosecution failed to prove that the appellant had the control and actual possession over the seized Arms and ammunition in question and, as such, conviction under Section 19......s acquitted from the charge levelled against him and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......im and be discharged from his bail bond. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 268. ......hurshid Alam Khan, the learned Advocate of the appellant submits that the prosecution failed to prove that the appellant had the control and actual possession over the seized Arms and ammunition in question and, as such, conviction under Section 19A of the Arms Act is not sustainable. Mr. Khan r..Category: Criminal Law | Date: 21 Nov, 2011 | Hits: 28
State Vs. Hasibul Hasan (Md.), 2011, 40 CLC (HCD)
....led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......led against them and they are discharged from their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......m their respective bail bond. The office is directed to send down therecords at once. Ed This Case is also Reported in: 64 DLR (HCD) (2012) 291. ......on was perfunctory. 40. These are all of the evidence on record adduced by the prosecution to prove the charge. 41. It is indisputable that the slain Sakhina Khatun was lynched. 42. Now, the question calls for consideration whether the deceased was living in the conjugal home at the relevan..Category: Women and Children | Date: 21 Nov, 2011 | Hits: 114
State Vs. Rustom & 2 others, 2011, 40 CLC (HCD)
....d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......d against absconding convict Enamul. Let a copy of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ......y of this judgment and order be communicated to the Court concerned at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 429. ...... without any hesitation it can safely be said that Atiar Rahman was done to death in the night following 9-11-1998 for the cut injuries which he sustained at the time of occurrence. 24. The moot question before us is whether the condemned-prisoners Rustom and Rahman and absconding convict Enamu..Category: Evidence Law | Date: 17 Nov, 2011 | Hits: 8
Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)
....Telegraph Act, 1885 which provides for issuance of a licence for the purpose of broadcasting its programmes and Section 5 of the Wireless Telegraphy Act, 1933 which provides for regulating the possession of wireless telegraphy apparatus and also the provision of Section 3(2) of the BT Act,......on of the TV station. The appellant-company has employed about three thousand employees in various levels all over the country. The appellant-company following all the provisions of law of the land and various NOCs issued by the Government and the BTRC as well carried out test-transmission s...... Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......legitimate expectation is a relevant factor requiring due consideration in a fair decision-making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. (3) The legitimate expectation has to be determined not accordi..Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18
Md. Asgar Ali Vs. Md. Shahidul Islam P.K. and others, 2011, 40 CLC (AD)
....rayer; subsequently as the pre-emptee-opposite parties did not file any written objection, the case was allowed ex-parte. The pre-emptor filed application before the court for getting delivery of possession of the case land through Court. The prayer was allowed and on 26.05.1997 the process ser......ellant as pre-emptor filed Miscellaneous Case (Preemption) No.28 of 1995 in the Court of Assistant Judge, Natore, under section 96 of the State Acquisition and Tenancy Act for pre-emption of the land transferred by registered kabala dated 27.02.1995 in favour of pre-emptee respondent Nos.1-4. ......y order as to cost. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 39. ......pearing in the case along with the opposite parties prayed for time for filing written objection." 11. The above finding given by the learned Judge of the single Bench is fundamentally a question of fact. The finding is very specific and has been given with reference to the materials a..Category: Procedural Law | Date: 15 Nov, 2011 | Hits: 7
Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....o a public place of profound significance, which is now under the governance and protection of the Government of the People Republic of Bangladesh. However, in recent years a few people have taken possession of the property which belongs to this protected historical monument and they are constru......ence the petitioners move this Public Interest Litigation (PIL) before this Hon’ble Court. 5. A report was published in the Daily Ittefaq on 13.10.2010 under the caption, “Lalbagh Fort’s land is Being dispossessed”. It was reported in the newspaper that a few powerful local people, i......t that the petitioner NGO depends on fund donated by its members alone as claimed. Ed. This Case is also Reported in: ...... none filed any pleading in rebuttal we can take as true the petitioners averments. In fact we can also take judicial notice of the pathetic scenario that prevails in and around the Fort. The only question for us is whether the petitioner is entitled to the craved relief. 13. This Fort is n..Category: Property Law | Date: 26 Oct, 2011 | Hits: 23
State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)
....t and order under this reference. Let a copy of the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......ate houses. The house of Matiur Rahman @ Mati is 15-20 hands away to the northern side of his house. At the time of occurrence Shahidul Islam was at Quater. Matiur Rahman @ Mati had got 0.29 acres of land from their father. Mati sold his land in 1985 to Shahidul Islam. He adds that Jalil Matbor, Raj......f the judgment and order be sent down to the Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 89. ......eased was chopped to death by the accused. So, it can safely be said that the deceased Tarun Kumar Saha did not meet with natural death rather he was done to death on 1-8-1993. 21. Now, the moot question before us is whether deceased Tarun Kumar Saha was murdered in the hands of absconding conv..Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9
Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....pening separate Mutation Parcha, after mutating their name, they have given a power of attorney and also a disinterested letter to the present petitioner, thereafter that the present petitioner is in possession over the suit land. Thereafter that the petitioner has dug 4 (four) ponds and also establ......d others …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim......ers …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of t...... …………………………..Opposite Parties Judgment October 19, 2011. Result: The Rule is made absolute. The land in question is not a khas land and the revenue department does not have any interest. The claim of the ..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Elite Lamps Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......ithin one month from the date trial Court receives a copy of this Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......Judgment. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 62. ......o be decided in this writ petitions is directly and substantially an issue. to be decided in the suit. 9. We have heard the learned Advocates perused the records. It appears that earlier the question of suppression of facts was raised by the Respondent Bank. The petitioner by a reply to ..Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7
Abdul Gaffar and others Vs. The State, 2011, 40 CLC (HCD)
....appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......appeal is dismissed. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:...... earlier by this Court stands vacated. Office is directed to communicate the order at once. Abdur Rob J. - I agree. This Case is also Reported in:......tly framed charge under Sections 11(L), 30 of the Ain 2000 against the appellants. We have carefully gone through the grounds taken in the petition of appeal, such grounds are absolutely the disputed question of facts and the same should be decided at trial. The pleas of the appellants are nothing b..Category: Women and Children | Date: 16 Oct, 2011 | Hits: 148
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....dant Paresh entered into an oral agreement with their father on 7th February, 1962 in respect of the suit property and subsequently the agreement was reduced into writing on 25th April, 1970 and possession was delivered to them. Thereafter as the defendant Paresh did not execute the sale deed,......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......owever, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ......en how they, got possession in respect of a portion of the suit property is not clear to us- the plaintiffs did not give any explanation in this regard. Taking these facts into consideration the question is whether the findings of the court of appeal below have been legally interfered with by ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ......ne of the accused Labu Miah and also against the petitioner on 25-1-1988 before the Subordinate Judge and 1st Commercial Court, Dhaka, in Money Suit No.18 of 1988 for realizing the aforesaid money in question. After lodging of the FIR the petitioner on 5-4-1993 voluntarily surrendered before th..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)
....the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......s a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ......the case as expeditiously as possible as the case is a very old one. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 235. ..Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6
Raj Kumar Khetan Vs. Mercantile Bank Ltd. and another, 2011, 40 CLC (HCD)
.... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ...... now pending in the Court of Sessions Judge, Naogaon should not be quashed. The Order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 272. ......titioner Vs. Mercantile Bank Ltd. and another………………………Opposite Parties Judgment August 24, 2011. Result: The Rule is discharged. Cases Referred to- Nizamuddin Vs. Abdul Hamid, 60 DLR (AD) 145; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2BLC (AD)16. ......ial Magistrate but the Additional Sessions Judge (Sessions Judge, in Charge) Naogaon by his Order dated 26-8-2009 remanded the petitioner in custody on the ground that there are 10 cases alike, he is questionable person, the bail petitioner is defective etc. That ultimately the petitioner has been e..Category: Banking Law | Date: 24 Aug, 2011 | Hits: 237
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....isappropriated the cargo of 7000 M. T. Cement Clinker. He admitted that he knew one Jahangir, who is a member of a Syndicate and admitted that on 11.3.2001 the vessel gone to Swandip but not from his possession and that some miscreants took the vessel away in between the period of 12.3.2001 till the......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ...... is also Reported in: ......f 2000, Admiralty Suit No. 39 of 2000, Admiralty Suit No. 40 of 000, Admiralty Suit No. 42 of 2000, Admiralty Suit No. 43 of 2000, were heard one after another and since all the suits involve similar question of law and facts the same are now disposed off by this single judgment. 2. The plaintiff..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
KM Alam & Co. and another Vs. People's Republic of Bangladesh, and others, 2011, 40 CLC (HCD)
....countant Firms in strict compliance with the provisions of the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......d on a particular set of facts and the principle of locus standi as decided in the said case has not been accepted by our Apex Court in subsequent cases as a general law to apply in all cases. In the landmark case of Dr. Mohiuddin Farooque Vs. Bangladesh, 17 BLD (AD) 1 = 49 DLR (AD) 1, the case of S......the Public Procurement Rules-2008 after cancelling the disputed one. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 221. ......e very outset draws out attention to Rule 8 of the said Rules and submits that under Rule 8 inclusion of two outsider members in the Evaluation Committee is mandatory, but the Evaluation Committee in question was constituted only with the officials of BTRC. Therefore, he submits, the evaluation proc..Category: Civil Law, Constitutional Law | Date: 17 Aug, 2011 | Hits: 20
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
....filed a case being No.804/87 in the Settlement Court, Dhaka praying for exclusion of the said property from the list of abandoned properties stating, inter alia, that Ghulam Rabbani while was in possession of the suit property sold the same to him by registered sale deed dated 08.06.1972 and al....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ......peal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ...... Petition No.605 of 1991 making the Rule absolute. 3. The facts necessary for disposal of this Civil Petition for Leave to Appeal, in short, are that one Md. Hossain Ali was allotted the plot in question by the Government by a registered deed of lease dated 06.04.1962 for a period of 99 years. ..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......s:— 3. The present petitioners, as plaintiffs, filed Title Suit No.500 of 1983 against the present defendant-respondents in the court of Subordinate Judge, Jhalakati praying for partition of the land described in schedule to the plaint. The case of the plaintiffs, in short, was that the land me...... This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ......n decision instead of sending back the appeal on remand. That the evidence and other materials and facts and circumstances on record are sufficient for coming to a decision regarding the disputed question raised in this suit and as such the remand of the suit to the appellate court has been most..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....nd my learned brother, Md. Abdul Wahhab Miah J. I agree with the judgment of my learned brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ......erajuddowlah Vs. State, 43 DLR (AD) 198; West Bengal Vs. Swapan Kumar Guha, AIR 1982 SC 949; Halsbury in Quinn Vs. Leathern, 1901 AC 495; Babhutmal Vs. Laxmibai, AIR 1975 SC 1297; Rex Vs. Northumberland Compensation Appeal Tribunal, 1952 1 All ER 122; Satyanarayan Vs. Malli-karun, AIR 1960 SC 137...... brother, Md. Abdul Wahhab Miah J. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 144. ...... judgment prepared by my learned brother Md. Abdul Wahhab Miah J while agreeing with my learned brother that these appeals should be dismissed, I would like to express my opinion separately on the question of the High Court Division's power to quash a criminal proceeding in exercise of powers ..Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39
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