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Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
.... Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Appellants. Ex parte- the Respondent. Civil Appeal No.72 of 2000. (From the Judgment and Order dated December 13, 1995 passed by the High Court Division in Civil Revision No. 2130 of 1993) Jud......ification under section 4 of the Forest Act, 1927 and that the Ext.1 on which plaintiff placed reliance in support of his contention that the land in suit was declared as forest in a departmental notice and that the same cannot be considered as official notification as per the provision of s......s taken over by the Government by the notification dated 25.3.1953 and 25.12.1953 and later on by notification dated 15.9.1957 made under the Forest Act, 1927 the land in suit was declared reserved forest. Further case of the appellant No.1 was that the land in suit is being possessed by the Gover..Category: Property Law | Date: | Hits: 38
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....structed by M Khaled Ahmed, Advocate- on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-4 Civil Appeal No. 353 of 2002. (From the judgment and order dated 14-8-2002 passed by this Division in Civil Petition for leave to Appeal No. 1290 of 2000). ......cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......Respondent No.1. Not represented—Respondent Nos. 2-4 Civil Appeal No. 353 of 2002. (From the judgment and order dated 14-8-2002 passed by this Division in Civil Petition for leave to Appeal No. 1290 of 2000). Judgment: ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....eputy Attorney-General, instructed by Md Zahirul Islam, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 83 of 2005. (From the judgment and order dated 12th January, 2005 passed by the High Court Division in Cri -Miscellaneous Case No. 12532 of......nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......hbubur Rahman, Advocate-on-Record-For the Petitioner. MA Rouf, Deputy Attorney-General, instructed by Md Zahirul Islam, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 83 of 2005. (From the judgment and order dated 12th January, 2005 pa..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
..... Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 2002). ......facts for disposal of the appeal are that, the respondent as Writ petitioner, AKM Enayetullah, filed the above writ petition calling upon the appellant the writ-respondent for declaration that the notice dated 11-5-2002 (Annexure-M) issued by the appellant (writ-respondent) was made without law......inistry of Establishment, is from the judgment and order dated 25th June 2003 passed by the High Court Division in Writ Petition No. 4134 of 2002 making the Rule absolute. 2. The short facts for disposal of the appeal are that, the respondent as Writ petitioner, AKM Enayetullah, filed the..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....l by leave against the judgment of June 12, 2002 of a Single Bench of the High Court Division in Civil Revision No. 2214 of 1994 making the Rule absolute upon setting aside the judgment and decree dated January 30, 1994 of the Court of Joint District Judge and Artha Rin Adalat, Jessore in Title ......r of the defendant, executed the document in favour of the defendant after being aware of the nature of the transaction. 15. In the instant case another important question of law escaped the notice of the High Court Division as to maintainability of the suit. The trial Court dismissed the ......r inadvertently typed Title Suit No. 417 of 1978) dismissing the same. The suit was filed seeking declaration that the Heba-bil-ewaz deed bearing No. 394 of 1989 executed on 5-2-1989 and presented for registration on 7-2-1989 in respect of the property described in the schedule attached to the p..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... by Abu Siddique, Advocate-on-Record—For Respondent Nos. 1(a)- Kg) Not represented—Respondent Nos. 2-12. Civil Appeal No. 246 of 2001. (From the Judgment and Order dated June 24, 1996 passed by the High Court Division in Civil Revision No. 809 of 1991). J......n between the plaintiff and Shafion Nessa was fictitious, that plaintiff taking advantage of monthly tenancy got the RS record prepared in his name and managed to pay rent, that when the defendants noticed the said fact they filed petition before the Revenue Officer for cancellation of the RS re......pon setting aside the judgment and decree dated 29-8-1990 of the Court of District Judge, Gaibandha in Title Appeal No. 45 of 1988 whereby the appellate Court sent the suit back to the trial Court for disposal of the same in the light of the discussion and direction made in the judgment. The rev..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record —For Respondent No. 2. Criminal Petition for Leave to Appeal No. 100 of 2006. (From the judgment and order dated 21-11-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 6008 of 2005...... we do not find substance in this petition. The petition is dismissed. Copy of this judgment be forwarded to the Secretary, Ministry of Law, Justice and Parliamentary Affairs to bring to his notice our observation regarding the learned Magistrate and for doing the needful in accordance wit......vocate-on-Record— For Respondent No.1. Abdus Sobhan, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record —For Respondent No. 2. Criminal Petition for Leave to Appeal No. 100 of 2006. (From the judgment and order dated 21-11-2005 passed by..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....structed by Ahsamullah Patwary, Advocate-on- Record —For the Respondents (In all the petitions). Civil Petition for Leave to Appeal Nos. 707, 708 and 789 of 2005. (From the judgment and order dated 20th May 2005 passed by the High Court Division in Writ Petition Nos. 3262, 6942 and 3975 of 2......hat: "The doctrine of classification should not be carried to a limit where instead of being a useful servant it becomes a dangerous master." 38. In the instant case, admittedly as has been noticed in Article 10 of the Constitution "steps shall be taken to ensure participation in all spher......oners (In Civil Petition No. 789 of 2005). AJ Mohammad Ali, Attorney-General, instructed by Ahsamullah Patwary, Advocate-on- Record —For the Respondents (In all the petitions). Civil Petition for Leave to Appeal Nos. 707, 708 and 789 of 2005. (From the judgment and order dated 20th May 20..Category: Constitutional Law | Date: | Hits: 221
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
....n, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 52 of 2003. (From the judgment and order dated 27-8-2002 passed by the High Court Division in Civil Revision No. 4924 of 1991). Judg......inter alia, that she is co-sharer by inheritance from her father Bazul Haque, one of the recorded co-sharers, and that the preemptee-petitioner is a stranger purchaser and that without serving any notice the property has been sold to the said preemptee and that no notice as required under sectio......i, Advocate-on-Record—For the Petitioner. ASM Khalequzzaman, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 52 of 2003. (From the judgment and order dated 27-8-2002 passed by ..Category: Property Law | Date: | Hits: 38
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
.... NH Khandker (absent) — For Respondent Nos. 1, 3 &4. Not represented—Respondent Nos. 2, 5 & 6. Civil Appeal No. 91 of 2002. (From the Judgment and Order dated January 11, 1999 passed by the High Court Division in Civil Order No.1451 of 1999). J......ir relationship with the plaintiff as stated hereinbefore and also considered the PW 5 as interested witness since the said witness is plaintiff's “Dharmo Shashur”. The appellate Court noticed in the evidence of PW 6 that Abdur Rashid was quite a solvent man and there was sufficient ...... the judgment and decree dated June 8, 1997 of the Court of Senior Assistant Judge, Haluaghat, Mymensingh in Other Class Suit No. 53 of 1995 decreeing the same. The suit was filed seeking a decree for specific performance of contract for sale of land. 2. The suit was filed stating, inter ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
.... MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging the Rule......is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......ddin Ahmed, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondents. [In CA No. 127 of 2002]. Civil Appeal No. 127 of 2002 with Civil Petition for Leave to Appeal No. 400 of 2003. Judgment &nb..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....ivil Appeal No. 54 of 2006]. Not represented—Respondent Nos. 2 & 3. [In Civil Appeal No. 55 of 2006] Civil Appeal Nos. 54 and 55 of 2006. (From the judgment and order dated 4-1-2006 passed by the High Court Division in Writ Petition Nos. 9157 and 9180 of 2005). ......ion 7 of the Ordinance there is no embargo on the power of the commission to prepare a fresh voter list and in the preparation of fresh voter list the Commission is not by the law required to take notice of the existing voter list. It is the contention of the respondents that&n......brother Md. Tafazzul Islam. 2. Having concurred with their judgments, I would like to add only few words stating to the effect that preparation of Electoral Roll is one of the positive steps for democratic process which will ensure the right of franchise of the people and also help stabili..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
....ment: Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417 of 1....... Facts, relevant for the disposal of the appeal are that the appellant while serving as Senior Scientific Officer at the Coconut Research Centre, Rahmatpur, Barisal was served with the show cause notice dated December 15, 1993 as per provision of Regulation 39(Kha) of the Bangladesh Agricultura......he writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417 of 1996. The High Court Division by the aforesaid judgment discharged the Rule obtained impugned order of compulsory retirement dated July 3..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
.... Judgment: Amirul Kabir Chowdhury J. - Criminal Appeal No. 42 of 2003 is at the instance of convict-appellant Shafiuddin Sheikh against the judgment and order dated 30-4-2001 passed by the High Court Division in Criminal Appeal No. 2180 of 1997. 2. Cr......deceased while PW 1 Abdul Hamid Matbar and PW 2 Khaleque Matbar deposed that the two appellants tied the two hands of the deceased. The learned Advocate-on-Record brought this inconsistency to our notice and submits emphatically that in view of such inconsistency in the evidence the order of con......der dated 30-4-2001 passed by the High Court Division in Criminal Appeal No. 2180 of 1997. 2. Criminal Appeal No. 43 of 2003 is at the instance of convict appellant Jaber Sheikh against the aforesaid judgment and order. 3. Both the appeals being heard analogously were disposed..Category: Criminal Law | Date: | Hits: 42
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....ve to appeal is hereby condoned for the reasons stated in the application for condonation of delay. 2. The plaintiff-petitioner seeks leave to appeal against the impugned judgment and decree dated 13-5-2001 passed by the High Court Division in First Appeal No. 97 of 1990 setting aside thos......er the Ministry of Industries to work out this policy on behalf of the Government. In pursuance of the said decision an action was taken by the Disinvestment Working Group in that behalf, a public notice bearing No. P-3-490/76/1 dated 20-4-76 was published in the local newspaper calling for quot......Involved: Mahmudul Islam, Senior Advocate, instructed by Md Aftab Hossnin, Advocate-on-Record—For the Petitioner. Not represented—Respondent No. 3. Civil Petition for Leave to Appeal No. 42 of 2002. Judgment: &nb..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....r. Amir-ul-Islam contended that the amended Article had destroyed the unitary character of the republic. He contended that the people of Bangladesh in the proclamation of independence at Mujibnagar dated 10.4.71 incorporated fundamental norms of Government of the country including equality, soci...... stated that the Constitution "shall come into force on the sixteenth day of December, 1972." This is the background of the Constitution of the People's Republic of Bangladesh. 51. It will be noticed that the Proclamation took notice of the "Mandate" for framing a Constitution for the Repu......ned Amendment has resulted in unrecognizable repugnancies to all other existing provisions of the Constitution related to it rendering the High Court Division virtually unworkable in its original form, and as such, it is void. The impugned Amendment will go off the Constitution and the old Artic..Category: Constitutional Law | Date: | Hits: 1934
Mizazul Islam @ Dablu Vs. State, 1989, 18 CLC (AD)
....fuddin Chaklader, Advocate-on-Record— For the Appellant. Bakhtiar Hossain, Advocate-on-Record — For the Respondent (State). Criminal Appeal No. 18 of 1988. (From The Judgement and order dated 11.5.87 passed by the High Court Division, Jessore Session, Jessore in Death Reference No. 2 o......fact. I.O.P.W. 15 stated that Hashem Ali did not, tell him that he came to know on the following morning from Prof. Kader and others that Dablu stabbed Khondkar Nurul Islam. 12. First it is to the noticed that the prosecution case was that P.W. 2 stated to the neighbouring witness as to the rec......ms of linking up accused with the crime, namely, the sandal was not at all put to the accused as a circumstance appearing in the case against him in his examination under section 342 Cr.P.C. It is for the prosecution to prove the case and not for the defence and when considering the oral evidence..Category: Criminal Law | Date: | Hits: 159
Md. Badruddin Moral and others Vs. Santosh Kumar Sen and others, 1989, 18 CLC (AD)
....8/85. The suit was for declaration of Title and further that the S.A. Khatian was wrong. Some of the defendants filed written statement raising, amongst others, the plea of res-Judicata. 3. On the date of peremptory hearing of the suit (9.3.85) the plaintiffs filed a petition for withdrawing th......it was not specifically stated as to what the formal defects were and that the defects in the schedule and as to parties could be amended by filing a petition for amendment of the plaint. It was also noticed that the suit was an old one which was, once dismissed for default and plaintiffs took no st......Sen and others................. Respondents Judgment November 2, 1987. The Code of Civil Procedure, 1908 (V of 1908), Order XXIII, rule 1(2) The learned Munsif rightly rejected the prayer for withdrawal of the suit with permission to sue a fresh on the ground of defect in the schedule, a..Category: Procedural Law | Date: | Hits: 110
Tayeb Ali and others Vs. State, 1989, 18 CLC (AD)
....or the Appellants. B. Hossain, Assistant Attorney-General, instructed by M.R. Khan, Advocate-on-Record— For the Respondent. Criminal Appeal No. 27 of 1986. (From the Judgement and order dated 4 August 1985 passed by the High Court Division, Dhaka, in Criminal Appeal No. 132 of 1983)....... of the trial Court shows that some documents were also produced by P.W. 1. But these documents were not marked as Exhibits though these papers should have been marked exhibit. The trial Court took notice of the kabala but observed that "mere mention of the Plot Number of the accused In Bazlur R...... in question an order of the High Court Division, dated 4 August 1985, confirming in appeal, an order of the Additional Sessions Judge, Mymensingh, dated 14 March 1983, by which the five appellants before us were convicted under section 302, read with section 149 of the Penal Code and sentenced to t..Category: Criminal Law | Date: | Hits: 49
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....tructed by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent Nos. 1-6 and 9-10. Respondent Nos, 7, 8, 11-17: Ex-parte. Civil Appeal No. 1 of 1987. (From the Judgement and order dated 17.2.1986 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revision No......fs. On appeal the appellate court below dismissed the appeal of the Corporation and allowed the cross-appeal filed by the Respondents and accordingly decreed the suit in full. The appellate court noticed that certain terms and conditions mentioned in the "mortgage deed" is contrary to that of th......issue. It is linked up with the bank rate- and the borrower in his executed mortgage deed clearly stipulated that he will pay the rate of interest at bank rate less 3% which is concessional rate only for the multi-storied building. The issue is clinched here. There is no scope for advancing any argu..Category: Property Law | Date: | Hits: 41
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