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Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....granting of probate. 2. Facts as follows:— One Sarat Kumar Kanungoo made a Will on 19th March, 1986 and a few days later he died on 11.4.86. Whereby he bequeathed all his moveable and immoveable properties to the appellant who was made executrix of the said Will. She filed the Probate case for ......Reported in: 42 DLR (AD) (1990) 133. ......ucceeds the suit will be decreed. 21. Section 211 of the Succession Act is the complete answer because it says that the executor or administrator, as the case may be, of a deceased person is his legal representative for all purposes and all the properties of the deceased person vested in him as..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
.... are substituted. The appellant's father, late Syed Mojibur Rob, a migrant to this country, served as a Deputy Inspector-General of Police and retired from service in 1958. He acquired, amongst other properties, three houses being holding No. 5 Bakshibazar, Dhaka; House No. 18-A, Road No. 20, Dhanmo......ury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Dr. Syed Matiur Rob being dead his heirs Shamsun Nahar & others (in both the appeals) ……...Appellants Vs. Bangladesh and Others (in both the appeals)................................Respondents Judgment October ......ladesh, represented by the Secretary, Ministry of Public Works and Urban Development, is that the appellant filed the two Writ petitions with mala fide intention to grab the properties which had been legally taken over under P.O. 16 of 1972. It was denied that Syed Mojibur Rob died in Dhaka on 6th D..Category: Property Law | Date: | Hits: 32
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....ecified in column 3 of the Article 182 of the limitation Act is applicable to it and as Article 182 5 of the Limitation Act provides that an application is to be made in accordance with law to the proper Court for execution or to take some step-in-aid of execution of the decree. 8. In 55...... Vs. Robeya Begum & others………………Respondents Judgment August 24, 2006 Cases Referred To- Shah Newaz Ebne Mustaque and others Vs. Shah Alam and others, 55 DLR (AD) 69; Baburam Lal and another vs. Debdas Lola, AIR 1......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
.... of 1988. 2. Plaintiff-appellants in their suit alleged, inter alia, that the suit land originally belonged to one Amar Krishna Chowdhury and others. On 26.3.1936 they let out the suit property to one Protul Kumar Sen by a registered BHARANAMA for 9(nine) years at a monthly rental of......ulya Ratan Chowdhury& ors....................Appellants (In Civil Appeal No. 48 of 1995) Parul Bala Majumder....................Appellant (In Civil Appeal No. 49 of 1995) Narash Chandra Bhattacharjee.....Appellant (In Civil Appeal No. 50 of 1995) Hari Sankar Chowdhury........... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....discharged by the impugned judgment and order upholding the view taken by the learned District Judge in appeal. 6. Leave was granted to consider whether the aforesaid view was legal and proper and the suit was liable to be dismissed as a whole. 7. Admittedly the plaintiffs ......t Appellate Division (Civil) Present: A. T.M. Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Md. Umed Ali and another……………...... plaintiff-Appellant Vs Mst. ...... Rule was discharged by the impugned judgment and order upholding the view taken by the learned District Judge in appeal. 6. Leave was granted to consider whether the aforesaid view was legal and proper and the suit was liable to be dismissed as a whole. 7. Admittedly the p..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ...... Md. Sadequr Rahman …………………………………………Appellant vs Munawar Jute Mills Ltd. and others ......................Respondents Judgment November 10, 2005 Lawye......ircumstances, we are of the view that the impugned order 07.01.1993 Annexure-L to the writ petition. Asking the petitioner to repay a sum of Tk.90,322.50/- alleged to have been overpaid lacked legal basis and as such not sustainable in law. The direction for refund is not legally susta..Category: Employment/Service Law | Date: | Hits: 84
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......resent: Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Selim A Khan……………..Petitioner Vs Md. Harun Malik and another.....................Respondent Judgment January 2, 2005. Lawyers I......rned Senior Advocate submits, inter alia, that the dispute between the parties is of Civil nature and as such framing of charge against the petitioner under section 420 of the Penal Code is illegal and the criminal proceeding itself being not maintainable it is liable to be quashed and..Category: Criminal Law | Date: | Hits: 30
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......rt Appellate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mizanur Rahman alias Mithu and another……....Petitioner Vs The State………&h...... and fabricated further due to withholding of witnesses Faruque, Gani and Majibur Rahman Howlader and also the Magistrate who examined them under Section 164 of the Code of Criminal Procedure. The legal presumption under Section 114(g) of the Evidence Act is that had they been examined..Category: Criminal Law | Date: | Hits: 48
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Chairman, Board of Intermediate and Secondary Education, Jessore and others …..Appellants. Vs. Md. Nazir A......on Officer, Annexure-E to the post of Section Officer, Annexure-E to the writ petition) so far the same relates to Respondent Nos. 3 and 4 to have been made without lawful authority and to be of no legal effect. The High Court Division while making the Rule absolute further declared that the dec..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ider whether the High Court Division was right in invoking its inherent powers under section 151 C.P.C in a Suit which is yet to be filed and further whether the impugned order was otherwise a proper one in the facts and circumstance of the case. 5. Section 151 of the Code of Civil P......dvocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney General and Mahmudul Islam, Senior Advocate-Amicus Curiae. Not represented-Respondent No. 3. C......th justice and equity. The inherent power of the Court, therefore, is not something which can be exercised merely because a party chooses to invoke it for doing justice without there being any legal proceeding instituted or pending properly of which a Court is in seisin. Exercise of in..Category: Civil Law | Date: | Hits: 119
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......Judgment: Abu Sayeed Ahammed J. - Accused convict seeks leave to appeal against the judgment and order dated 29-3-2001 passed in Criminal Appeal No. 283 of 1998 by a Division Bench of the High......ccused petitioner advances before us only one point namely that at the time of commission of offence the convict petitioner was aged below 16 years and as such his trial could not be held legally with about who was other co accused of the petitioner, which is barred under s..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....ided that the respondent No.1 will pay 20,00000/- (Twenty lacs) to the petitioner towards the sale proceeds of the fishes. 3. The further case of the petitioner was the when after proper accounting of the business transaction it was found that the respondent No.1 failed to inves......Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyer......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....as not legal and without lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No.1 (Writ-Petition) filed the above ....... R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim)....................Appellant vs Md. Hebjul Bari and others…………………...Respondents Judgment ......f Md. Jahangir Alam (Selim) Writ Respondent No. 4, a candidate for election for the post of Chairman of No.9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls in question the legality of the order dated 13th April, 2003 passed by the High Court Division in Writ Petition No...Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ivil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others…………….. Appellants (In both Appeals) Vs C......iven to the office memorandum dated 1-1-1981 was erroneous which to a wrong decision as arrived at by the High Court Division and the same is liable to be set aside. It is further argued that the illegal benefit of the scale of Tk. 470-1135 which was allowed to the respondent No.2 was cancelled b..Category: Employment/Service Law | Date: | Hits: 55
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ...... Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dulal @ Md. Dulal Talukder and another.............Petitioner Vs The State...........................Respondents......r the offence as alleged. 5. He further submits that the allegation against the petitioners is of abatement in commission of the offence of kidnapping but since it has not been proved by any legal evidence that the informant was the lawful guardian of the victim as according to section 361..Category: Criminal Law | Date: | Hits: 27
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......s Involved: Md. Aftab Hossain Advocate-on-Record-For the Petitioner Not Represented-Respondent Criminal Petition for Leave-to Appeal No. 195 of 2003 (From the Judgment and Order dated 28.10.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 12......t the instance of one Joynal Hazari, an enemy of the petitioner and that there was no eye of witness to the alleged occurrence and as such the judgment of the High Court Division has been passed illegally. There being no evidence warranting conviction of the accused petitioner the High Court Div..Category: Criminal Law | Date: | Hits: 45
Md. Golam Murtuza @ Isphil Vs. State, 2006, 35 CLC (AD)
....me and as such conviction and sentence can hardly be sustained. In our view, the High Court Division committed an error of law in not considering that the aforesaid evidence on record in their proper perspective. For all the above reasons, we find that the appellant is entitled to be requit......r the Appellants M.A. Rouf, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Appeal No.13 of 2002 (From the Judgment and Order dated 14th November, 2000 passed by the High Court Division, in Criminal Appeal No.772 o......ed appellant lead to the conclusion that only the accused petitioner Md. Golam Murtuza and nobody else committed the brutal murder of two minor boys Rubel and Mantu and the learned trial Court legally found the accused petitioner guilty under Section 302 of the Penal Code. Accordingly, the ..Category: Criminal Law | Date: | Hits: 53
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......awyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed by the High Court Division in Criminal Appeal No. 557 of......ll such black alachi which the prosecution branded as black Indian alachi and further the alleged place of occurrence was far away from the Indian border and as such it was not possible to bring illegal goods by the petitioner. Mr. Nawab Ali, next submits that the pertinent question as to whethe..Category: Criminal Law | Date: | Hits: 29
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....tate, Roy Chowdhury who owned Gouripur Zamindari Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, represented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being de......e appellate Court that the said Court in the background of the fats and circumstances of the case and also because of the materials on record having had noticed that the suit was disposed of for no legally acceptable reason without affording opportunity to the defendant No.1 to contest the same, ..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......rt Appellate Division (Civil) Present Syed J. R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Chairman, Board of Intermediate and Secondary Education, Jessore and others.......... Appellants (In all the cases) vs ......(d) (VI), of the public Retirement Act, 1974 the age of retirement of the respondents being permanent employees of the Board is 60 and not 57 years, therefore, the impugned memo were issued illegally and without lawful authority. 5. Being aggrieved the writ respondents preferred the ..Category: Property Law | Date: | Hits: 32
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