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Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....igh Court Division discharged the Rule on the view that Nalchity Girls High School (the School) has the exclusive right to admit the girls of the locality in its school and that the said right is a property and as such is entitled to an order of injunction to secure enjoyment of the said proprie......Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- ......of the plaintiff has been invaded by the defendants, as such, plaintiff, who is the Vice-Chairman of the Managing Committee, can very much proceed with the suit, that the plaintiff has legal right to maintain, the suit, that the undenied fact is that since 1970 the High School stoppe..Category: Civil Law | Date: | Hits: 216
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....sha Mia, who by an Ijara kabuliyat dated 23 June 1926 leased it to Ram Prosad Muchi, a cobbler by profession, for a period of 5 years at a yearly rent of Tk. 4/-. Badsha Mia then exchanged his entire property including the suit land with Mohesh Chandra Saha by a registered deed of exchange dated 16 ......), section 7 The Evidence Act, 1872 (I of 1872), section 64 The Transfer of Property Act, 1882 (IV of 1882), section 111(f) Practice & Procedure Surrender of an under-tenancy right to the landlord need not be in writing. It may be inferred from act and conduct of the parties as well. On c......landlord and then became a tenant under the Government on wholesale acquisition of all rent receiving interests. I shall consider these two conflicting claims in due course, but now I shall see the legal position of Ram Prosad Muchi till 1938-1939. 11. As indicated above, prior to the coming i..Category: Property Law | Date: | Hits: 38
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....f the contract; the High Court Division fell in error in not considering that the writ petition is not maintainable, inasmuch as even if there is a concluded contract for alleged breach of the same proper remedy lay in a suit and not in a writ petition; the High Court Division also fell in error i...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Managing Director, WASA.............................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 1......e appellant has arbitrarily withdrawn the letter of intent and in the grounds portion of the writ petition, the respondent took a ground that the impugned letter withdrawing the letter of intent is illegal, discriminatory and violative of the basic norms in any corporate dealing, particularly by the..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ndent Nos.4 and 5; the respondent Nos.1, 2 and also Dr. Deepak Bahcherya, the respondent No. 6, who is the Chief, WES section of UNICEF, in spite of numerous warnings given by experts did not take proper steps although the respondent No.1 certified a list of 59 districts showing that not less th......zul Islam J Rabia Bhuiyan, MP…………………………………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2...... appellant filed the above writ petition in public interest, impugning the continued failure by the Government and other public authorities, in particular the respondent No.1, to comply with their legal duties under the existing laws including the Environment Conservation Act, 1995 and the Envi&..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....rt of Settlement in Case No. 119 of 1987 (Kha-145-Tinshed Colony, Block-D) Quarter No. 169 (Holding No. 38), Tinshed Colony, Mohammadpur, Dhaka. The said case was filed challenging the listing of the property in the 'Kha' list and publishing thereof in the Bangladesh Gazette (Extra-ordinary) dated S......te Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rowshan Ara Begum…………………………..Petitioner Vs Secretary, Ministry of Works and Urban Development, Government of Bangladesh and others......Respondents Judgment: Decembe......he civil appeal was filed against the judgment dated November 3, 1991 of the High Court Division in Writ Petition No. 448 of 1988 making the Rule absolute. The writ petition was filed challenging the legality of the judgment dated January 3, 1988 of the Court of Settlement in Case No. 119 of 1987 (K..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......or Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—The Respondents Civil Review Petition No. 47 of 2005 (From the Judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to A......ecommendation for giving current charge of the Chief Engineer and Ship Surveyor to respondent No. 5. It was the contention of the petitioner herein that in spite of his being senior the authority illegally and unjustly made recommendation to give current charge of the post of Chief Engineer and ..Category: Employment/Service Law | Date: | Hits: 76
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....r can be easily identified and in the instant case, the Courts below having found that the respective lands of the plaintiffs and the defendants are divided by the Meghna Dhanagoda Barrage it was a proper case where decree for injunction could be granted and further the defendants did not agitat......min CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Ali Hussain Faraji & others......................Petitioner Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: ...... 7. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference..Category: Property Law | Date: | Hits: 33
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
.... then the Appellate Division does not like to interfere. When it is found that the established principles of assessment of evidence have not been followed and it has been accepted as reliable without proper scrutiny and no consideration has been given to inherent absurdities or improbabilities of th......72 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for......e evidence of PW3 Nurul Alam is so improbable, absurd and incongruous with human nature and circumstances of this case that it does not stand even the ordinary test of common sense, not to speak of legal test as to assessment of evidence. Learned counsel has argued with considerable vehemence th..Category: Criminal Law | Date: | Hits: 74
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......lso reported in: 42 DLR (AD) (1990) 250 ......o the well-known concept of criminal jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there is no legal bar for instituting a fresh prosecution on the selfsame facts after a proceeding is stopped an..Category: Criminal Law | Date: | Hits: 46
Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)
.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ......ructed by S. M. Huq. Advocate-on–Record- For the Petitioner. Not represented - Respondents. Civil Petition for special leave to appeal No.199 of 1977 (From the Judgment and Order dated 21-7-1977 passed by the High Court in Writ Petition No. 288 of 1967) Judgment ......ng been made without taking notice of the reports in which the officer concerned had been exenerated of the charges brought against him was made without any application of mind and as such without legal authority. The learned Judges of the High Court have, thereafter, preceded to hold that it be..Category: Employment/Service Law | Date: | Hits: 79
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....e, Chittagong and the same was later on renumbered as Other Suit No.26 of 1993, of the 3rd Court of Subordinate Judge, Chittagong seeking decree for specific performance of contract for sale of the property described in the schedule attached to the plaint of Other Suit No. 136 of 1996. The said ......llant Vs Nasim Bin Rahman & ors... ................Respondents Judgment January 21, 2007 Cases Referred To- Smt. Thakamma Mathew vs. M. Azmatullah Khan and others, AIR 1993 (SC) 1120; Kanhaiyalal vs Mulla Abdul Hussain (deceased by LRS) and others, AI......n, contract between the plaintiff and the defendants as having became unenforceable the earnest money paid by the defendants to the plaintiff stood forfeited and, as such, defendants were legally under obligation to deliver the possession of the land described in the schedule attached ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....have maintained the instant suit in the light of the provision of section 42 of the Specific Relief Act taking exception to the order passed by the revenue officer if he would have any right to the property in question, but, as seen from the materials on record, plaintiff failed to establish that...... Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (......0, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdiction, 3. The suit was filed averring that the land in..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....on of certain persons from the disused lands was issued by the respondent under the East Bengal Act X of 1953. It was stated in the said petition for amendment of the plaint that all facts were not properly stated in the original plaint of the suit which was deficient in certain details and a pr...... Supreme Court Appellate Division (Civil) Present Syed A.B.M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Dr. Abdur Rahman and others………….. Appellants Vs. Bangladesh…&helli......on of their title to the land in suit and also for declaration that a certain notice, issued by the Member, Board of Revenue, upon the plaintiffs and all subsequent actions taken by him were illegal, void and without jurisdiction on the allegations that the suit land was originally the khas..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....tion stating that those papers having been admitted in evidence without due consideration to the objection raised by the learned Advocate on their behalf, it shows that the appellant would not get proper justice from the Tribunal and accordingly he prayed for stay of the proceeding by the Tribun......M. Husain CJ Kemaluddin Hossain J D.C. Bhattacharya J Fazle Munim J Mosharraf Hossain…..Appellant Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr………... Respondents Judgment August 15, 1977 Lawyers......oid and declaring responded No. 2 duly elected Chairman of No. 18 Narayanganj (South) Union Parishad, under P.S. Matlab, District Comilla as have been passed without lawful authority and of no legal effect. 2. The election of the appellant was held on 13-1-77 for the office of the Chai..Category: Election Law | Date: | Hits: 122
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
....ustry and manufacturer of poly propylene cover bag used in readymade garments factory and poly propylene is a prime raw material of the said industry and the respondent imported the said goods properly and legally for industrial consumption and as such the imported goods being a banned ...... Md. Tafazzul Islam J The Solicitor represented by the State, Government of the People's Republic of Bangladesh…… …Petitioner Vs Anisuzzaman Chowdhury and other…………………..........Respondents Judgm......urer of poly propylene cover bag used in readymade garments factory and poly propylene is a prime raw material of the said industry and the respondent imported the said goods properly and legally for industrial consumption and as such the imported goods being a banned item as alleged c..Category: Criminal Law | Date: | Hits: 88
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....No.06 dated 09-08-2003 corresponding to G.R. Case No. 119 of 2003 under Section 120 B/302/34 of the Penal Code was started against the accused persons. Thereafter one Sub-Inspector of Police made a proper investigation of the case and thereafter found prima-faice case made out submitted...... Supreme Court Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Amirul Islam and others………………………......Petitioners ......ed that the High Court Division having applied judicial mind in consideration of the provision of the 540 of the Code of Criminal Procedure rightly passed the impugned order and there is no illegality or legal infirmity for interference by this Division. 8. We have heard ..Category: Criminal Law | Date: | Hits: 41
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
....llustration Act and provision of Section 27 of the General Clauses Act in the background of the facts and circumstances of the case in holding that notice sent by registered post was duly and properly served on the appellant although the learned Additional District Judge on scrutiny of the ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Abdur Rob Mollah ............................Appellant Vs Shahabuddin Ahmed and others ..........Respondent Judgment October 19, 2006. Cases Referred To-...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 266
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
.... for disposal of the petition are that the plaintiff petitioner instituted Title Suit No.7 of 2001 in the Court of learned Assistant Judge, Gazaria, Munshigonj for declaration of title to the suit property and cancellation of the deed of heba-bil-ewaz dated 16.02.1994 executed in favour of her d...... (Civil) Present: Syed J.R. Mudassir Husain CJ Amirul Kabir Chowdhury J Musammat Sokhina Khatun..................petitioner Vs Mosammat Rowshanara Begum and others .........Respondents Judgment July 10, 2006. Lawyers Involved: ......ower appellate court considered the facts and circumstances and evidence on record and came to a correct decision in passing the judgment decreeing the suit and the High Court Division without legally adverting to the cogent findings arrived at by the lower appellate court set aside the same..Category: Property Law | Date: | Hits: 37
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
....nce in the argument of learned Deputy Attorney General and we, therefore, hold that the High Court Division having not taken into consideration of the facts and law legally decided the case without proper appreciation of the High Court Division committed serious error of law in setting aside......instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Criminal Appeal No.34 of 2000 (From the judgment and order dated 14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998) ......ts and circumstances of the case and as such the learned Judges of the High Court Division are wrong in holding that the order of the learned Chief Metropolitan Magistrate dated 28-05-1998 is not a legal order but based on cogent grounds. The High Court Division having not applied its judicial mi..Category: Criminal Law | Date: | Hits: 90
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....ted to only to defeat the right of pre-emption of the plaintiff and his brother. Section 91 of the Evidence Act provides that when the terms of contract or of a grant or of any other disposition of property have been reduced to form of a document and in all cases in which any other matter requir......pellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdul Majid alias Mujibur Rahman Molla........Appellant Vs. Md. Abdul Matin and others ............Respondents Judgment August 20, 2006 Lawyers Involved: ......reemption case, if any filed, by the plaintiff after the disposal of the appeal and as such we are not inclined to consider the ground (already quoted above) or express any view about the legality or sustainability of the ground so raided in the midst of hearing. 12. In the ..Category: Property Law | Date: | Hits: 38
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