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Aminul Islam Chowdhury and others Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
....n remanding the case to the learned Court of appeal below for re-assessing evidence as to surrender. He lastly submits that surrender of plot No. 526 having taken place as early as 1940 and landlords possession (upon such surrender) having been found by the learned Court below, the question as to wh......vations made there in setting aside the judgment and decree of the appellate court passed in Title appeal No. 5 of 1993 with a direction to the parties to maintain status quo in respect of the suit land. 2. The High Court Division while remanding the suit observed as under: ...... 1 ADC (2004) 217. ......consider the submission of the learned Counsel for the appellant: "....that the fact of surrendered of plot No. 526 being a concurrent finding of the learned Courts below and only the question as to whether surrender was legal being in issues, the High Court Division erred in remandi..Category: Procedural Law | Date: | Hits: 76
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
.... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ......dle east for earning his livelihood and as money was required for the purpose defendant No.1 Sree Purna Chandra Das executed an unregistered bainapatra on 24.11.1991 for selling 4.32 acres of land to the plaintiff at a consideration of Tk. 2,50,000/- on receiving earnest money of Tk. 5......as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..Category: Property Law | Date: | Hits: 32
Narayan Chandra Sarker Vs. Abdur Rahman, 2001, 30 CLC (AD)
.... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ...... prayed for. In view of the aforesaid submission the appeal is, accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ......f without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 197. ...... on the ground mentioned in this application. At the time of hearing of this appeal it come out that the plaintiff has a difficult case to sustain in this Small Causes Courts suit as it involves a question of title and for that matter the plaint of the aforesaid S.C.C. Court may be returned. ..Category: Procedural Law | Date: | Hits: 95
Sultan Ahmed Talukder and anr Vs. Registrar of Trade Union, Dhaka Division & ors, 2004, 33 CLC (AD)
....allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......allowed without any order as to costs. The matter is sent back to the High Court Division to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ...... to dispose of writ petition on merit. Ed. This Case is also Reported in: 1 ADC (2004) 195. ......5.12.1999 was legally elected committee of the Union and the letter issued by the Registrar dated 02.01.2000 was inoperative as the suit was dismissed on 12.04.2000 for non-prosecution there was no question of declaring the committee headed by respondent Nos. 5 and 6 as being a lawfully elected c..Category: Labour and Industrial Law | Date: | Hits: 100
Chairman and another Vs. Md. Sakhawat Hossain and others, 2004, 33 CLC (AD)
....ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ch leave was obtained by the appellants is of no merit. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......ssed with costs at all stages. Ed. This Case is also Reported in: 1 ADC (2004) 192. ......vision Bench of the High Court Division in Writ Petition No. 4201 of 1998. By the aforesaid judgment the High Court Division made the Rule absolute. 2. The writ petition was filed questioning legality of the order dated March 27, 1997 dismissing the petitioner from the serv..Category: Employment/Service Law | Date: | Hits: 83
State Vs. Md.Tuku Biswas, 2002, 31 CLC (AD)
....e river nerar sonapur village, about 10/12 dacoits came by boat and got into their boat and started committing dacoity. The said dacoits took away their cash money and bundles of clothe from their possession. They threw the boatman Entaz Ali into the river and the boatman's dead-body was recover......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......t at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ......s. The accused respondent, if meanwhile apprehended be set at liberty, if not wanted in any other connection. The appeal is allowed. Ed. This Case is also Reported in: 1 ADC (2004) 182. ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Water Development Board Vs. M/s Zakir Construction & Co., 2000, 29 CLC (AD)
....refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......refore no merit in this appeal and the same is liable to be dismissed. The appeal is accordingly dismissed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......h costs. Ed. This Case is also Reported in: 1 ADC (2004) 160. ......te as the court deem reasonable to be paid on the principal sum as adjudged by the award and confirmed by the decree. He submits that in the absence of any specific reference to an Arbitrator on a question as to .what interest is to be paid subsequent to the passing of the decree the Arbitrator ..Category: Civil Law | Date: | Hits: 89
Bangladesh Vs. Abdul Wahab Mia and others, 1998, 27 CLC (AD)
....plot No. 3474. The Additional Deputy Commissioner (1.A) by an order Dated 13.9.92 recommended for release of 14.42 acres in L.A. Case 13 of 1959-60. The writ petitioners also claimed to be in possession of the land sought to be released. 3. The respondent appellants in their affidavi......Division Bench of the High Court Division in Writ Petition No. 1312 of 1993 making the Rule Nisi absolute. 2. The predecessors of 13 writ petitioner respondents were owners of 11.34 acres of land, out of a total area of 21.95 acres with in C.S. Khatian No. 3170 of Muza 211 Baunia, P.S. Mi......nt August 23, 1998. Cases Referred To- Badal Rani Vs. government of Bangladesh, 27 DLR (AD) 65. Lawyers Involved: Mahmudul Islam, Attorney General (B. Hossain, Deputy Attorney General and Bazlur Rahman Ghana, A. A. G. with him) instructed by Mvi. Md. Wahi...... of acquisition to set up a satellite town at Mirpur and for housing and settlement purposes. Awards were prepared in the name of the predecessors of the writ petitioners for all the plots in question and they received compensation money from the appellants without any objection. Posse..Category: Property Law | Date: | Hits: 29
Government of Bangladesh and ors. Vs. Sree Sree Luxmi Janardhan Jew Thakur & ors, 2000, 29 CLC (AD)
....ide. In the result both the appeals are allowed without any order as to cost and impugned judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149.......sed by a Division Bench of the High Court Division in Writ Petition No. 4127 of 1992 making the rule absolute. 2. M/S Hardeo Glass, Aluminum, Enamel and Silicate Works is situated in the disputed land and premises and as the owners of the said factory and premises left for India, the same was de......gment of the High Court Division is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 149....... learned Judges of the High Court Division noted the assertion of the appellants that the original tenants constructed the structures in the disputed land as non-agricultural but did not decide the question as to whether the original tenants were non-agricultural tenants as claimed by the appellan..Category: Tenancy Law | Date: | Hits: 148
Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)
....wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......wing arrear salary to the respondent is affirmed and the order allowing pro forma promotion to him is disallowed. Ed. This Case is also Reported in: 1 ADC (2004) 144. ......sp; ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J The Government of Bangladesh represented by the Secretary, Ministry of Establishment……………… Appellants (In both the appeals). Vs. Shamsuddin Ah......ested the case by filing a written objection contending that the respondent having remained out of office for about 20 years and also having engaged himself as a practicing Advocate from 22-3-75, the question of payment of arrear salary does not arise. Even otherwise, the conditions in the order o..Category: Administrative Law | Date: | Hits: 138
Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)
....t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......t could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 141. ......ment May 21, 1997. Cases Referred To- Collector of Customs, Chittagong and others Vs. A. Hannan 42 D.L.R (AD) 167; Collector of Customs, Chittagong and others vs. Ahmed Hossain and 39 others, 48 DLR (AD) 199. Lawyers Involved: Dr. Kamal Hossain Senior Advocat......786 of 1990 disposed of by a common judgment by a Division Bench of the High Court Division, discharging the Rules Nisi. 2. Although different articles were importer appellants yet the question of law involved in all these appeals being common they are being disposed of together in o..Category: Fiscal/Taxation Law | Date: | Hits: 199
Md. Sirajuddin Vs. Mohibunessa and others, 2002, 31 CLC (AD)
....d the said plot of land by raising structures there on and once those were burnt in the fire. That the respondent defendants, who are bad people, trying to grab the same and in order to show their possession therein they had filed a proceeding under section 144 Cr.P.C. on 31.1.1989 which wa......e Court of Assistant Judge, at Gouripur Upazilla for permanent injunction against the defendant respondent stating, inter alia, that one Ahmed Ali Khalifa, the C.S. recorded tenant of 0.6 acres of land in C.S. Khatian number 66 sold the same to Fida Hossain and Noor Mohammad who owned and posses......aside. No order is made as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 136. ......tually the numbers of khatian will be khatian No.766. His submission is that the said amendment by way of correction of khatian number can not be any departure from the basic document the kabala in question and further the same will not change the nature and character either of the plaint or of t..Category: Property Law | Date: | Hits: 23
Shamsu Miah and others Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....f plots were made to the petitioners of the respective writ petitions. These allotters deposited the amount mentioned in the letters of allotment. Thereupon the relevant authority made over possession of the plots so allotted to the respective writ petitioners. Thereafter allotment o......adesh canceling respective writ petitioner's allotment of rehabilitation plot in Mohammadpur Housing Estate. 2. Facts in the background of which writ petitions were filed, in short, are that land of the respective writ petitioners or their predecessors were acquired by the government. Gov......ers. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ...... of those and the Annexure (f), copy of which was not made available to the writ petitioners. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 109. ..Category: Property Law | Date: | Hits: 27
Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)
.... Comilla Sadar, in Miscellaneous Case No. 35 of 1990. 2. Short fact are that the plaintiff-respondent field Title Suit No. 263 of 1986 for declaration of title and confirmation of possession and for permanent injunction on the assertions made in the plaint. The predecessor of th......egal infirmity in the judgment of the High Court Division. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 107. ......man and was suffering from various ailments and he relied upon the clerk of his engaged Advocate for making tadbir in the Case. His further case was that he was not aware of the ex parte decree in question. The plaintiff opposite party filed written objection in the above mentioned miscella..Category: Procedural Law | Date: | Hits: 84
Raushan Akhter @ Moharaji Bibi and others Vs. Khandakar Mosharraf Hossian & Ors, 2004, 33 CLC (AD)
....se is barred by limitation. Their further case is that the suit land is adjacent to the house of pre-emptor-respondent No.1 and from the very date of purchase the pre-emptee purchaser entered into possession of the case land and since then they are possessing the same by cultivating the cas......llaneous Case No.28 of 1985. 2. The facts leading to the present appeal briefly are that the respondent No.1 as pre-emptor filed the above pre-emption case No. 28 of 1985 for preempting the land described in the schedule to the plaint on the allegations, inter alia, that one Abdul Gafur ...........Appellants Vs. Khandakar Mosharraf Hossian & Ors .......Respondents Judgment January 20, 2004. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Ahsanullah Patwary, Adv......appellants for the ground on which the leave was granted this appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 100. ..Category: Property Law | Date: | Hits: 30
Dhaka University Vs. Gias Kamal Chowdhury and others, 2001, 30 CLC (AD)
....al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......al and the same is accordingly dismissed without cost. Connected Civil petition for leave to Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......Appeal No. 9 of 2001 is also dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 71. ......when the Statute provided for alternative and efficacious remedy the writ petition can not be maintained. He submits that Article 46(17) (ii) provides that no election shall be called in question except by an election petition presented in accordance with the rule. He contends that the..Category: Civil Law | Date: | Hits: 98
Arun Karmakar Vs. State, 2002, 31 CLC (AD)
....n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......n the result, this appeal is allowed setting aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......aside the impugned judgment and order of the High Court Division. Ed. This Case is also Reported in: I ADC (2004) 63; 8 MLR (AD) 162; 7 BLC (AD) 61. ......d even at the direction of the learned Sessions Judge only for determination of her age which has already done and (iv)whether in view of the consistent of the higher courts of the sub-continent that question of custody of a minor can also be decided in a proceeding under habeas corpus under m 491 o..Category: Criminal Law | Date: | Hits: 34
Military Estate officer, Dhaka Cantonment Vs. Sk. Mohammad Ali and others, 2002, 31 CLC (AD)
....ordinate Judge in the aforesaid suit. The High Court Division declared that the impugned notice bearing No. ALC/681/76 dated 29.12.1976 is illegal and of no legal effect. It was also declared that possession of the suit land from the plaintiffs cannot be recovered except in due process of ......r instituted Other Class Suit 1977 against the present appellants and others in the Fist Court of Subordinate Judge, Chittagong for declaration of their right of permanent tenancy in the suit land with a further declaration that notice date 29.12.1976 issued by the appellants namely M......rder as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 46. ......t land to the plaintiffs. 3. Leave was earlier granted in this appeal to consider the following:- "..........that the notice for taking possession of the lands in question having been issued on 29.12.1976 before the filing of the suit by the respondents and the..Category: Property Law | Date: | Hits: 31
Md. Anisur Rahman and others Vs. State, 2004, 33 CLC (AD)
....991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......f Tk. 1,000/- (one thousand) each, in default, to suffer rigorous. 2. Prosecution case was that informant, Mahbubur Rahman, (P.W1) purchased 22,500 pieces of bricks and stacked those on the land of wife of late Asabul Hoque on the north of the dwelling house of Alauddin, that on November ......n G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ......991 passed by Court of Magistrate, 2nd Class, Kushtia, in G.R. Case No. 269 of 1990 in respect of the appellants is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 30. ..Category: Criminal Law | Date: | Hits: 34
Abdul Aziz Vs. Khaja Abdul Gani and others, 2003, 32 CLC (AD)
....d at S. A. plot No. 774 of Khatian No. 1192 S. A. Khatian No. 2392 and S. A. Dag No. 5953, Hal Khatian No. 2393/3 of Mouza Shahar Dhaka. The respondent No. 1 assured that he would hand over vacant possession of the land and execute a sale deed on receiving balance of consideration money but he f......facts in short are that the appellant as the complainant filed a complaint case against the respondent No.1 who took Tk. 5 laces from him on false representation that he was the owner of a piece of land situated at S. A. plot No. 774 of Khatian No. 1192 S. A. Khatian No. 2392 and S. A. Dag No. 59...... of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ......ion 561 A of the Criminal Procedure Code. In view of the above the criminal appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 23. ..Category: Criminal Law | Date: | Hits: 45
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