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Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....o. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6-4-1993 is null an......nd no substance in the petition. Accordingly, the petition is dismissed. Ed. ......Transfer Suit No. 1 of 1995 (the Title Suit No. 92 of 1993 was transferred from the 1st Court of Assistant Judge, Dhaka) decreeing the same in part in the following manner: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Towe......Petitioner vs Capital Tower (Pvt) Ltd & Ors...Respondents Judgment January 18th, 2004 Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Md Nawab Ali, Advocate-on-Record—For the Petitioner. Khondke..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Abdul Bashir alias Bashu Vs. State, 2004, 33 CLC (AD)
....same judgment acquitted the other accused. 2. Prosecution case, in short, was that on September 16, 1995 in the morning the condemned prisoner with his tractor tried to cross PW 1’s (informant) land which was made ready for transplanting of paddy saplings and transplanting of paddy saplings wa......98 in Sessions Case No. 63 of 1996. Ed. This Case is also Reported in: ......s 326 and 307 of the Penal Code but did not pass any separate sentence. The learned Additional Sessions Judge by the same judgment acquitted the other accused. 2. Prosecution case, in short, was that on September 16, 1995 in the morning the condemned prisoner with his tractor tried to cross PW 1......ry 18, 2004. Result: The petition is dismissed. The Code of Criminal Procedure, 1898 (V of 1898), Section 374 The Penal Code, 1860 (XLV of 1860), Section 302 Delay cannot be a ground for commutation of the sentence of death awarded to the prisoner and altered to the sentence of impri..Category: Criminal Law | Date: 18 Jan, 2004 | Hits: 98
Abdus Sobhan Mandal (Md) Vs. Md. Jonab Ali Fakir & others, 2005, 34 CLC (AD)
....stituted Miscellaneous Case No. 39 of 1993 under section 96 of the State Acquisition and Tenancy Act in the Court of the Assistant Judge, Natore. The pre- emptor's case was that he being a contiguous land owner, has the right of pre-emption against the pre-emptee, who is a stranger thereto and the p......ts no consideration. Accordingly, it is dismissed. Ed. ...... the judgment of the trial Court must discuss and consider the material evidence on record……..(6) The High Court Division rightly decided the case holding that the summary finding of the appellate Court that the disputed transfer is an exchange not a sale......rder XLI, Rule 31 The appellate Court being the final Court of fact while reversing the judgment of the trial Court must discuss and consider the material evidence on record……..(6) The High Court Division rightly decided the case hold..Category: Civil Law | Date: 18 Jan, 2004 | Hits: 264
Syed Md. Anwarul Haque and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... area to perform his functions. In view of the aforesaid Rule it cannot be said that the Government has unfettered power to appoint someone of their choice as Nikah Registrar for an unlimited area of land within the jurisdiction of Bangladesh. Furthermore other provisions of the said Rules also stip...... December 9, 2003. Result: All the Rules are discharged. There is no vires in the second provision to section 4 of Muslim Marriages and Divorces (Registration) Act, 1974 As well as in the Rule 10 of the Muslim Marriages and Divorces Registration Rules, 1974 and the said legal p...... No Affidavit-in-Opposition has been filed by the respondents but Ms Farah Mahbub, the learned Assistant Attorney-General opposes the Rules. 4. The learned Advocates for the petitioners submit that the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 is......................Respondents Judgment December 9, 2003. Result: All the Rules are discharged. There is no vires in the second provision to section 4 of Muslim Marriages and Divorces (Registration) Act, 1974 As well as in the Rule 10 of the Muslim Marriages and Divorces ..Category: Family Law | Date: 9 Dec, 2003 | Hits: 4
Govt. of People's Repub. of BD & other Vs. Md. Shamsul Haque & other, 2004, 33 CLC (AD)
....evision No. 4197 of 2001 was preferred which is still pending in the High Court Division and, as such, on the basis of alleged Bainanama no right and title has been created and admittedly the case land is under the possession of the Government, as such, the property in question was rightly inclu......terference with the impugned judgment and order. The petition is dismissed. Ed. ......C, Mohammadpur, Dhaka in "Ka" list of the abandoned property published in the Bangladesh Gazette dated 3‑9‑1986 pursuant to Ordinance No. LIV of 1985 and also for the relief that the order dated 24‑10‑2000 passed by the Court of Settlement, Bangladesh Abandoned ...... The Code of Civil Procedure, 1908 (V of 1908) Section 151, Order XXXIX rule I Though the appeal of the writ petitioner was dismissed on 27‑3‑2001 but the ad interim order of injunction passed during the pendency of the appeal was a valid order and, as such,..Category: Property Law | Date: 7 Dec, 2003 | Hits: 139
Superintendent (now GM), James Finlay PLC & anr Vs. Chair., 2nd Labor Court & anr, 2005, 34 CLC (AD)
....Labour Court to pursue under section 25 of the Employment of Labour (Standing Order) Act, 1965. With these observations this appeal is dismissed without any order as to costs. Ed. ...... November 4, 2003. The Employment of Labour (Standing Order) Act, 1965 (VIII of 1965), Section 25 Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to whether there is compliance of the relevant provis...... send a case to the court or Tribunal below to see as to whether there is compliance of the relevant provision of law or principle of natural justice. It is an established principle of law that the Labour Court sitting over the order of the authority concerned has the power to see whethe......sp;Respondents Judgment November 4, 2003. The Employment of Labour (Standing Order) Act, 1965 (VIII of 1965), Section 25 Whether in exercise of power of certiorari High Court Division can send a case to the court or Tribunal below to see as to whether there..Category: Labour and Industrial Law | Date: 4 Nov, 2003 | Hits: 106
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....that the petitions for review were not maintainable. 3. Respondent Nos. 1‑4 filed aforesaid Writ Petition impugning the order dated 29‑5‑1994 canceling their lease in respect of a plot of land in Mohammadpur Housing Estate and allotting the same to respondent Nos. 7 and 8 (in appeal No. ......ppeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ......tlement Commissioner 21 DLR (SC) 456; Chairman, BCSIR vs Abdul Khaleque 43 DLR 209. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neogi, Advocate with him) instructed by Sufia Khatun, AdvocateÂon‑Record‑For the Appellants (In Civil Appeal Nos. 152 & 155 of 2000). ........... Appellants Vs. AKM Saiful Alam and others..................... Respondents Judgment November 3, 2003. The Constitution of Bangladesh 1972, Article 102 (2) Delay or prompt decision taken in the matter of cancellation of allotment in the circumstances of the case..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....ion of Order XXI rule 29 of the Code of Civil Procedure has no manner of application. 4. The learned Counsel for the petitioners submits that the plaintiffs have acquired interest in the land described in "ga" schedule attached to the plaint of Title Suit No. 96 of 1997 from t...... assessed fee of one day hearing of a Senior Counsel. Ed. ......1998 passed in a suit for partition Title Suit No. 8 of 1959 (Title Suit No. 28 of 1987). 2. The plaintiff‑petitioners have filed the Title Suit No. 96 of 1997 seeking declaration that the decree passed in Title Suit No. 28 of 1987 of the 1st Court of Munsif, Bhola is void and not...... November 2, 2003. The Code of Civil Procedure, 1908 (V of 1908) Order XXI rule 29 The petitioners had not been the party in the partition suit nor they had been the judgment debtors so the provisions of order 21 rule 29 of the code of civil pr..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
....e order dated 26‑5‑2003 passed by the learned Sessions Judge, Rajshahi in Criminal Revision No.98 of 2003 allowing the same on setting aside the order dated 1‑2‑2003 of attachment of the case land and appointment of a Receiver therein, passed by the learned Chief Metropolitan Magistrate, Raj......7 DLR (2005) 298. ...... should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that Officer‑in‑Charge of Boalia Police Station forwarded a copy of GD Entry No.1607 dated 29‑1...... Judge, Pirojpur and others, 1986 BLD (AD) 261 = 38 DLR (AD) 246; Moslemuddin Dhali and others Vs. Helaluddin Dhali and others, 41 DLR 120. Lawyers Involved: Md. Mahsin Rashid, Advocate‑ For the Petitioner. Md. Mansur Habib with Luthfunnessa Lucky, Advocates‑ For the Opposite-Part..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
....dated March 19, 1995 of the 1st Court of Subordinate Judge (now Joint District Judge), Gazipur, in Title Suit No. 44 of 1993 dismissing the suit which was filed seeking declaration of title in the land in suit and for a further declaration that names of Ananda Mohan Mondal, Gobinda Chandra Monda......p; There is no order as to costs. Ed. ......;………………..(7) The State Acquisition and Tenancy Act, 1950 ( XXIIX of 1951), section 144A Presumption as to correctness of entries of RS Khatian under section 144A of the Act is revertable by leading evidence by the person challenging co......J Syed JR Mudassir Husain J MM Ruhul Amin J Government of Bangladesh, represented by the Additional Deputy Commissioner...... Appellant Vs. AKM Abdul Hye and ors.............Respondents Judgment October 29, 2003. The Limitation Ac..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Hossain @ Foran Miah and ors. Vs. State, 2004, 33 CLC (AD)
....nformant further stated that after the ejahar was written, the Daroga did not read over it to him but he signed the same as Daroga asked him to put his signature. He denied the suggestion that due to land dispute, the accused persons were falsely implicated. He also stated that Parul Akther told him......t against them and be released at once if not wanted in connection with any other case. Ed. ......ded by the Nari‑o‑Shishu‑Nirjatan Daman Adalat, Noakhali by the judgment passed in Nari‑o‑Shishu‑Nirjatan Case No. 26 of 1997. 2. Prosecution case is that the informant has a shop of bricks and sand at Kankirhat Bazar and his daughter Parul Akther use...... Court Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Hoque J Md. Tofazzul Islam J Hossain @ Foran Miah and others........Appellants Vs. State..............Respondents ..Category: Procedural Law | Date: 28 Oct, 2003 | Hits: 107
Jashimuddin Vs. State, 2004, 33 CLC (AD)
....cted and sentenced. 6. We do not find any infirmity with the impugned judgment for our interference. The petition is accordingly, dismissed. Ed. ...... for our interference. The petition is accordingly, dismissed. Ed. ......nt for 5 (five) years upon conviction and sentence under section 5 of the Explosive Substances Act, the sentence to run concurrently. 2. The fact leading to the conviction, in short, is that one Sukur Ali, Sub‑Inspector of Police being the informant lodged a first information repo......ction 342 is required while convicting and sentencing the accused on the basis of the same…….(5) Lawyers Involved: Md. Nawab Ali, Advocate-on‑Record‑For the Petitioner. Not Represented‑Respondent. Criminal Petition for..Category: Criminal Law | Date: 26 Oct, 2003 | Hits: 79
Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....ction 144 of the Code of Criminal Procedure was filed by the first party‑appellant before the Sub‑Divisional Officer, Cox's Bazar for drawing up of a proceeding stating, inter alia, that the suit land measuring 11.80 acres was purchased by them in auction on 12‑2‑1963 in Certificate Case No.......he Magistrate, First Class, Cox's Bazar are hereby restored. Ed. This Case is also Reported in: ......tion under section 144 of the Code of Criminal Procedure was filed by the first party‑appellant before the Sub‑Divisional Officer, Cox's Bazar for drawing up of a proceeding stating, inter alia, that the suit land measuring 11.80 acres was purchased by them in auction on 12‑2‑1963 in Certifi......of the Cr.P.C. to go to competent civil court…………….(18 & 20) The Code of Criminal Procedure, 1908 (V of 1898), Sections 439A & 561A A revision petition cannot be brought before the High Court Division in the camouflage of a petition under section 561A. In a very rare case ..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....nts as plaintiffs on 4.3.1989 instituted a suit being Title Suit No.87 of 1989 in First Court of Subordinate Judge, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out to plaintiff and Plaintiffs title therein is unaffected by......l Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay and others......and Defendants are respondents in the appeal. 4. Appellants as plaintiffs on 4.3.1989 instituted a suit being Title Suit No.87 of 1989 in First Court of Subordinate Judge, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out...... and others, 1988 BLD HCD 497; Bangshadhar Mitra and others Vs. Natabar Sardar, being Dead & others, 1 BCR HCD 393. Lawyers Involved: Shamim Khaled Ahmed with Md. Mofizul Islam, Advocate - For the Appellant. Nahid Yesmin, Assistant Attorney General - For Proforma-Defendant-Respondent No..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....alleging, inter alia, that on 21‑6‑1982 the convict petitioners alone, with others created a forged kabala bearing No. 23838/82 in the Sadar Sub‑Registrar's office in respect of the land mentioned in the schedule thereto belonging to Sree Radha Madhab Biswambar Jiew for making ille......bsp; Ed. ......r section 463 of the penal code and conviction under section 467 of the penal code is proper. Lawyers Involved: Abdus Sobhan, Senior Advocate, instructed by Sufia Khatun, Advocate‑on‑Record For‑‑the petitioners (In both the petitions). ......4 & 467 The executant of the sale deed claiming herself the shebait and daughter of the deceased shebait falsely executed the deed herself being neither the shebait nor the daughter of the shebait committed offence under section 464 of the penal code. The other ac..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....o hower decree dite” 3. The said suit was decreed as follows: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital Tower (Pvt) Ltd registered on 6‑4‑199......e invalid although party violating such order would expose themselves to legal action. For such violation document cannot be declared void or illegal or fraudulent or collusive when the allotment was made upon due compliance of the procedure for allotment and at the prevalent price. &......adi jon proti koroniyo nishedhaga prodotto hower decree dite” 3. The said suit was decreed as follows: "It is declared that the deed of lease in respect of the suit land and in favour of the defendant No. 6, Capital To......nbsp; August 18, 2003. Company Matter There is no bar in law for a company which is going to be registered to act in its name or on its behalf prior to registrat..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....ern both the Rules. 2. Plaintiff-opposite party filed Title Suit Nos.396 and 397 of 1981 in the Court of Assistant Judge, Sadar, Noakhali for ejectment of the defendant-petitioners from the suit land on the ground of default and bonafide requirement. 3. The facts of these suits are that th...... Judgment August 12, 2003. Result: Both the Rules are discharged. In absence of any registered documents the claim of the defendants-petitioners that they have had been treated as tenant on yearly basis is of no substance…..(14) In absence of any registered deed of......hellip;…Opposite Party Judgment August 12, 2003. Result: Both the Rules are discharged. In absence of any registered documents the claim of the defendants-petitioners that they have had been treated as tenant on yearly basis is of no substance…..(14) In ab......tions-one is defaulter and another is bonafide requirement. Existence of any one of these two conditions is suffice to eject a tenant. From their own averments the defendants are habitual defaulters for not paying rents for the year 1385‑1386 BS. The Court of appeal below further found that the su..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....Choudhury and others reported in 33 DLR (AD) 55, and the case of AKM Shamsuddin and others Vs. Altafuddin Ahmed reported in 43 DLR (AD) 230. He next submits that deposit of rent in favour of previous landlord will not protect the tenant from being defaulter and from being evicted as such. In support......in: 55 DLR (HCD) (2003) 581. ......urt of Joint District Judge, Dhaka for ejectment of defendant-appellant from the suit property and for delivery of vacant possession of the suit property in their favour contending, inter alia, that the property described in the schedule of the plaint originally belonged to the Government of Ba...... Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others
....Furthermore, the said circular cannot and must not be allowed to encroach the provisions of Articles 7, 11, 26, 31, 32, 35, 36 and 65 of the Constitution of Bangladesh which is the supreme law of the land…………….(16) The rational deduction from Article 7 of the ......hellip;…Petitioners Vs. Government of the People's Republic of Bangladesh and others………Respondents Judgment July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to ......5 of the Constitution of Bangladesh which is the supreme law of the land…………….(16) The rational deduction from Article 7 of the Constitution in our opinion is that the public are the real and true masters and the public servants and executive to exercise the p......t of the People's Republic of Bangladesh and others………Respondents Judgment July 29, 2003. Result: Order was circulated. Whether a District Magistrate or Additional District Magistrate is empowered to pass an order of detention making the same effecti..Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....‘11‑1970 leaving behind the writ petitioners and others as the heirs to whom he gifted the property on 13‑10‑1970 and that the American Embassy, tenant of Dr. Hasan, accepted the respondents as landladies who as well mutated their names with the Dhaka Municipality, paid rent and taxes and were...... The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......e absence of any positive contrary intention manifested so as to deprive him of a right to be a citizen of a country where he was born. In the instant case documents filed by the respondents to show that they are citizens of Bangladesh having not been controverted by any tangible evidence it cannot ......be a citizen of a particular country could not be brushed aside in the absence of any positive contrary intention manifested so as to deprive him of a right to be a citizen of a country where he was born. In the instant case documents filed by the respondents to show that they are citizens of Bangla..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
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