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Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
.... averments, inter alia, that the appellant's father Raj Kumar and the father of defendant-respondent Nos. 1 and 2 Surya Kumar were brothers. They took joint settlement of the suit land, a tiny town property at Comilla, in 1934 and started living there together after erecting huts as monthly tenant......ents Judgment February 15,1990. Result: The appeal is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, ......icultural Tenancy Act the suit for simple partition was not maintainable without a prayer for declaration of title to the suit land. The appellant has no prima facie title to the suit land and no legal possession therein within 12 years from the date of filing of the suit on 23.2.72. The plain..Category: Tenancy Law | Date: | Hits: 169
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....puty Commissioner, Gazipur and their agents have been restrained by an order of ad-interim injunction from interfering with her possession of defendant No.3 (i.e. respondent No.1) in the suit property in any manner till disposal of Title Appeal No. 103 of 2003. Hence is this petition. ......im J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Divisional Forest Officer, Dhaka Forest Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ............petitioners Vs. Zahid Maleque and another...........Respondent ......led to pass any order in the petition filed by the petitioner under order 39, Rules 1 and 2 of the Code. Accordingly, we find merit in the Rule" and submits that such ‘finding' cannot be legal basis of any judicial order. 4. He thereafter submits that the impugned judgment of t..Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....tiff No.2 a proceeding under section 144 of the Code of Criminal Procedure was started but later on same was converted into a proceeding under section 145 of the Code of Criminal Procedure and the properties of the aforementioned three schedules were attached and management thereof was give......: 61 DLR (AD) (2009) 133; ......ce of the scribe of Ext.1 was of a professional deed writer since "deed writer under all circumstances do not depose falsely", that contention of the defendants that plaintiff No.2 for illegal gain took away the Ext.1 is nothing but a device "to nullify the effect of evidentiary v..Category: Property Law | Date: | Hits: 67
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....t the accused respondent caused the injury for the non-payment of dowry and the incriminating evidence of the P.Ws. has not been drawn to his notice which shows that the accused respondent was not properly examined which has prejudiced him seriously and that is an incurable defect which has...... Md. Tafazzul Islam J Amirul Kabir Chowdhury J Miah Mojibur Rahman……………….Petitioner Vs. Khondoker Nazmul Haque (Chiru) and others………………Respondents Judgment Decemb......rable defect which has vitiated the trial and if the trial is to be begun from the state of the examination under section 342 of the Code of Criminal Procedure, it will create double jeopardy and illegality and that the offence alleged does not come within the purview of the Ordinance No. LX of 1..Category: Procedural Law | Date: | Hits: 100
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....provided in sub section (5) of Section 93A that for the purpose of assessment of compensation under that section market value shall be the average market value according to disposition of properties of similar description in the vicinity during five years from the service of notice unde...... Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2005. Lawyers Involved: ......a question which can be decided by the High Court Division acting as a court taking upon contempt matters and the High court Division also erred in law in holding that there is confusion about the legal position of final assessment to arrive at. 4 As it appears the High Court Division dis&..Category: Property Law | Date: | Hits: 33
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ...... Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave to Appeal No. 205 of 2003 (From the Judgment and Order dated 02.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No.7081...... and as such the instant criminal proceeding against the petitioner is liable to be quashed and that the learned Magistrate disregarding the facts and circumstances of the case and law illegally framed charge against the accused petitioner under aforesaid Sections of the Pen..Category: Criminal Law | Date: | Hits: 57
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... title to the land, that the two orders were not applicable to the facts of the present case and that the cancellation of settlement of the plaintiff by applying paragraph 8 of a memo was not proper and legal. Accordingly the learned judge set aside the judgment and decree of the learned su......; Not represented- Respondent Nos. 2-6. Civil Appeal No.73 of 1998 (From the judgment and order dated 4 June 1996 passed by the High Court Division in Civil Revision No.3283 of 1991 (Dh......ereafter approached defendant No.3 with an application which was marked as Miscellaneous Petition Case No.57 S.A./1979-1980 for setting aside his order. The matter was sent to defendant No.4 who illegally upheld the order of defendant No.3 by his order dated 22 May 1982. On these averments the p..Category: Property Law | Date: | Hits: 35
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......Amin J Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jamalpur............................Appellant Vs. Mst. Saleha Khatun and others ................Respondents Judgment July 31, 2006. Result: The appeal is al......ive value as per provision of section 90 of the Evidence Act and that the said presumption has not been rebutted from the said of the defendant, that the appellate Court has not at all considered the legal effect of the documents which are of more than 30 years old and also the other evidence on r..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
.... suit. The defendants, including the minor defendants, filed petition seeking setting aside of the exparte decree contending that not being notified about the filing of the above suit through proper service of summons, they could not appear in the suit and in the above circumstances th......d. ......Nazir/Nazir as guardian in contravention of the provision of the Rule 843(1)(2) of Civil Rules and Orders and Rule 4(4) of Order 32 of the Code of Civil Procedure and such appointment being illegal and without jurisdiction, the Rule ought to have been made absolute for the protection of rig..Category: Property Law | Date: | Hits: 28
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......M. Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Rural Development Board and others …………….Appellants. Vs. Md. Idris Ali Ako......aintiff respondent brought Title Suit No. 465 of 1984 in the Court of Assistant Judge of the then Savar Upazila for a declaration that the order dated 11.8.1984 removing him from service is illegal, void etc. and that he is still in service as Rural Development Officer, Savar Upazila Centra..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ound in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......ore twenty two thousand) in the sponsors share capital and promised further 2 (two) director positions in the respondent No.1 company and also requested the respondents for canceling/rescinding the illegal and unlawful activities and decisions that were taken in respect of the issue of sponsors shar..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....004 (Wega Fashion Sweater Pvt. Ltd.) by altering Government's earlier decision. The further case is that one Mrs. Madlena D. Rozario purchased the land from the C.S. recorded owners and possessed the property. The Government requisitioned the property by order dated 03.03.1952 in Requisition Case No......………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. having its office at Tikatuly & others ……………………Respo......310 under S. A. Khatian No.165(Sabek) and 137(hal) of Mouza Begunbari, P.S. Tejgaon, Dhaka are in possession thereof physically on payment of rent and taxes but they were dispossessed therefrom illegally by 'Mastans' on 16.10.2000 without giving them prior notice or chance of being heard. The fu..Category: Property Law | Date: | Hits: 91
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......slam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 69 of 2003 (From the Judgment and Order dated 9th February, 2003 passed by the High Court Division in Criminal Miscellaneous Case ......nts Act, 1881. 3.The learned counsel appearing for the petitioner submits that the mode of obtaining and procurement of cheque not being the requirement of law, the High Court Division acted illegally in making the Rule absolute holding that 'we are constrained to hold the view that the chequ..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......J Md. Zakir Hossain ..............Petitioner Vs. The State ........................Respondent Judgment November 16, 2005. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner ......ul was convicted under Section 19 (f) of the said Act and he was sentenced to suffer rigorous imprisonment for 8 (eight) years there under. The convict petitioner Zakir Hossain challenging the legality of the aforesaid judgment and order of conviction moved the High Court Division under sect..Category: Criminal Law | Date: | Hits: 55
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... Mohammad Hossain & others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved: ......de to the Managing Director by the Board in 1974 shall continue until delegation of power is made afresh. Mr. Islam submits that it is an administrative order and they are not supposed to know the legal position and the position of law is that delegation of power once made shall continue unless ..Category: Employment/Service Law | Date: | Hits: 91
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......ourt Appellate Division (Civil) Present: Syed J.R.Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Ba......nsolidated sum of Tk. 7,000/- to each of the inmates. The writ petitioner further alleged that in the vagrant home they were abused and that the detention of the inmates at vagrant home was illegal. 3. On the said application the rule was issued calling upon the respondents to show c..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....vision of the Premises Rent Control Act, 1991, that the concurrent finding of fact regarding plaintiffs bonafide requirement by the courts below has been reversed by the High Court Division without proper reasoning. 9. The learned Counsel for the appellant submits that the High Court Division w...... Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. Lawyers Involved: Mahb......equires the shop in question. It was also the case of the plaintiff that defendant without obtaining permission from him made construction on the southern side of the shop No.1 and also installed illegal electric connection in the shop, that the defendant caused disturbance to the other tenants of..Category: Tenancy Law | Date: | Hits: 180
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....service. 5. The trial Court decreed the suit on the findings that the allegations brought against the plaintiff do not call for dismissal from service, that the inquiry that was held was not proper and the order of dismissal having been passed in the background of the said non-proper inqui...... Ed. ...... in Other Class Suit No. 28 of 1993 decreeing the same with costs. 2.The suit was filed seeking declaration that the order of dismissal described in schedule 'Ka' attached to the plaint is illegal, void and not binding on the plaintiff and that plaintiff is still in the service of the defe..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....me. 3. Respondent Nos.2 and 3 filed Other Suit No. 280 of 1987 in the Court of Assistant Judge, Chittagong (subsequently renumbered as Other Suit No. 25 of 1992) seeking declaration that the properties described in the schedule attached to the plaint, are properties of the Waqf Estate......Huq, Advocate-on–Record-For the Respondents. Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No.2999 of 1999) ......8 of. 1990 in the 2nd Court of Subordinate Judge (now Joint District Judge), (subsequently renumbered Other Suit No. 252 of 1999 in the 3rd Court of Assistant Judge), seeking declaration as to legality of enrolment of the Waqf Estate and also challenging legality of inclusion of property in..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
....on, Dhaka Metropolitan Police, Dhaka investigated into the case and submitted a report on 24.10.2001 recommending that bail of accused respondent ought to be cancelled in the interest of proper investigation of the case and also for the safety and security of the informant petitio......vocate (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed by the High Court Division, in Criminal Miscellaneous Case No. ......n the said report was submitted corroborating the informant petitioner's contentions and revealing the real picture. After considering all these and hearing both the parties the said Court duly and legally cancelled the bail as the accused respondent had lost the right to remain on bail. But the..Category: Criminal Law | Date: | Hits: 31
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