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Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
.... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ...... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......s. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......similar to the facts of the present case. However, it appears to us that in the instant case, the decision as given in the case reported in 51 DLR is more applicable. In that case, the specific question of posting of Chief Metropolitan Magistrate without consultation of the Supreme Court was..Category: Employment/Service Law | Date: | Hits: 62
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....ing the case of the plaintiffs and stating, inter alia, that the land in suit was acquired in L.A. Case No.15/59-60 and L.A. Case No.16/59-60 for construction of Rail line and for earth cutting and possession of the land was taken over by the Railway on 19.12.1959 and 18.1.1960 and since then Ra......le Suit No.3 4 of 1997 decreeing the same declaring the notice issued by the defendant No. 1 illegal and not binding upon the plaintiffs. 2. The suit was filed stating, inter alia, that the land in suit described in the 'Kha' schedule belonged to Bichanti Ferangi alias Binchent Gomes, the......ssed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 142. ...... notice for evicting the plaintiffs. The High Court Division on consideration of the materials on record arrived at the finding that the Gazette Notification for the acquisition of the property in question does not show that the entire property of the plot was acquired and that the notice served..Category: Property Law | Date: | Hits: 22
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......plainant Shashi Mohan Das filed a complaint in the Court of Senior Special Judge, Sunamganj on 21.07.1997 alleging, inter alia, that he along with his brother Hari Mohan are the owner of 3.17 acre of land of Dag No.1914 appertaining to Khatian No.70 of Mouza Mirjapur within P.S. Bulla of District Su......he facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ...... accused-petitioner in collusion with other two accused persons got his name mutated and on appeal the A.D.C. (Revenue) cancelled the mutation order passed earlier by the Revenue Officer. Now, the question arises whether the Revenue Officer dealing with a mutation case can be treated as a "Court..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......enefit of doubt as the prosecution failed to prove the case beyond all reasonable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......nable doubt. The appeal is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 135. ......20 Dr. Anil Basak, who held the post mortem examination, could not say whether the victim died from an act of suicide or homicide; the post mortem report is nebulous in that it has left the crucial question unanswered and there were disappearance of alamats from the bed room of the victim and the..Category: Criminal Law | Date: | Hits: 48
Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)
....3419 of 2001 was filed by one Iqbal Anwar impugning the letter dated July 17, 2000 written by the ministry of Home Affairs directing the Police Commissioner, Metropolitan Police, Dhaka to handover possession of the building in Plot No. C.W.N. (B3), Road No.115, holding No.124, Gulshan Avenue (he...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ......sed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ...... of the property to the claimant inspite of the fact that the Ministry of Public works allotted house in the Gulshan area for relocating the Gulshan Police Station from the property in question. 8. As against the order dated August 16, 2001 the petitioner filed Petition for Le..Category: Property Law | Date: | Hits: 28
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......sed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......ce and procedure follows by the Tribunal is negation of justice or contrary to good conscience, fair play and equity or prejudicial to the parties before the Tribunal. The practice and procedure in question, in our view, being not negation of justice, there is no good reason to take exception th..Category: Administrative Law | Date: | Hits: 95
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
.... 4. As it appears in the case of Erfan vs. Joinal Abedin reported in 35 DLR (AD) 216 it was held that "the rent receipts though not document of title are important items of evidence of possession and may be used as collateral evidence of title since possession generally follows title......arshingdi, in Title Suit No. 1 of 1996 decreeing the suit. 2. The respondent No.1, as plaintiff, instituted the above suit praying for a decree of permanent injunction in respect of the suit land comprising an area of 1.23 acres containing homestead as well as nal land in C.S. Plots Nos. 6......sed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ...... was held that "A suit for permanent injunction is maintainable till partition if the plaintiff is in exclusive possession of the ejmali land and the court need not enter into the complicated question of title. It is enough for the court to find who is in actual and exclusive possession of ..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
....our of defendant No. 2 and since then they have been possessing the suit property by paying rents to the Government and the suit property is not debottor property and the plaintiffs have no title and possession over the suit land. 4. The learned Assistant Judge, after hearing, dismissed the suit.......been performing the Sheba Puja as the shebait of the idol and possessing the property of the said idol; but on 28.10.1977 the then Sub-Divisional Officer, Manikganj treating the suit property as Khas land, served a notice ordering for eviction of Girija Shaha, the plaintiff No. 2 and the father of p......all for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ...... their individual capacity, filed the suit and accordingly since the suit having been filed by two private individuals instead of the Deity itself, the suit is not maintainable and that regarding the question of existence of a Deity the entire case of the plaintiffs rests on oral dedication and alth..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......lishment existing for the years or some may be brought into regular establishment in consultation with the Finance Department". Accordingly all departments and directives were requested to take up in question of 50% of the work-charged establishment into regular establishment on the principles laid ..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......he petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......to get decree for mandatory injunction in the case of the plaintiff. (10) In view of the legal position as discussed above we need not decide the issue as to whether the dismissal from service in question was illegal, but we must hold that the suit is not maintainable on the ground that a decl..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....the suit land stating, inter alia, that the plaintiffs purchased the suit land from defendant No.2, Haribhushan Debnath by three registered kabalas dated 06.04.1974 and 11.04.1974 and had been in possession of the same since the date of purchase. The kabala dated 17.05.1969 showing sale of some......ave been executed and registered by the proforma defendant No. 2 Haribhushan Debnath in favour of the defendant No.1 was forged and fraudulent and the plaintiffs had title and interest in the suit land stating, inter alia, that the plaintiffs purchased the suit land from defendant No.2, Haribhus......ost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
.... to the land situated in C.S. Plot No. 97 but she having lost C & B Department by letter dated 15.3.1995 requested the Ministry of Works for immediate settlement of the land apprehending their dispossession there from by trespassers; then Barrister Md. Rafiqul Islam Miah, the then works Minister......lam Miah, former Minister for Housing and Public works, A.W.Chowdhury, former Additional Secretary and Mr. Ashrafuddin, former Joint Secretary, both of the same Ministry, alleging that .84 acres of land appertaining to C.S. Plot No.97 of Mouza Kawran was acquired in L. A. Case No.16/59-60 for Kaml...... to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......out of the common judgment and order dated 17.5.2004 passed by the High Court Division in Criminal Miscellaneous Case Nos. 7253 of 2000, 1837 of 2000 and 1847 of 2001 discharging the Rules and common questions of law being involved in all these petitions, the same are disposed of by this judgment. ..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....st of the abandoned building, was upheld. In the writ petition it was stated, inter alia, that the above building was allotted to Md. Shafi by a registered lease deed dated 19.4.62; while in peaceful possession of the building Md. Shafi, on 08.01.1970 entered into an agreement with the respondent No......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......e judgment and order dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 making the Rule absolute. 2. The respondent No.1 filed the above writ petition calling in question the judgment and order dated 10.11.93 passed by the 1st Court of Settlement, Dhaka in Settl..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....ubordinate Judge (now Joint District Judge), Narayanganj in Title Suit No. 67 of 1995 dismissing the same. The suit was filed seeking declaration of title in respect of 2.95 acres of land and khas possession in respect of 4 decimals of land as mentioned in schedule "ga' to the plaint which ...... the Court of Subordinate Judge (now Joint District Judge), Narayanganj in Title Suit No. 67 of 1995 dismissing the same. The suit was filed seeking declaration of title in respect of 2.95 acres of land and khas possession in respect of 4 decimals of land as mentioned in schedule "ga' to th...... This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......reported in 31 DLR (AD) 195, since had the trial Court was not aware of the law settled by this Division in the case reported in 31 DLR (AD) 195, the said Court would not have put emphasis on the question as to whether there has been accretion of the land as claimed by the plaintiffs prior to 1..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ...... presently a popular maxim "autrofois convict" or "autre fois acquit" (principle of double jeopardy).The said maxims have been illustrated in Halsbury's Laws of England as under: "The plea of "autra fois convict" or "autre fois acquit&qu...... Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ...... that case the trial was held by a competent Criminal Court which found that the prosecution was void as the previous sanction of the appropriate Government was not obtained and in considering the question of retrial the Court refused to pass such an order on the ground that the accused has suff..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ...... the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......ine qua non' of valid proceeding in all circumstances. The defect, namely, failure to examine a complainant under section 200, before issuing process amounts to a mere irregularity and apart from the question of prejudice, would be insufficient to vitiate the proceedings". 14. In the case of Md. ..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
...., Additional Deputy Commissioner (Revenue), Dhaka requesting the Deputy Commissioner of Police (West), Dhaka Metropolitan Police, to deploy 40 armed police so that the illegal trespassers who were in possession of 1.37 acres of land which has been leased to Mr. Habibur Rahman Khan and 31 others in V......oner (Revenue), Dhaka requesting the Deputy Commissioner of Police (West), Dhaka Metropolitan Police, to deploy 40 armed police so that the illegal trespassers who were in possession of 1.37 acres of land which has been leased to Mr. Habibur Rahman Khan and 31 others in V. P. Case No. 210 of 1980 co...... 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......ment and a relation of the appellant, succeeded in making contact with the respondent No. 2 over telephone who then informed Mr. Hossain that he passed the impugned order dated 29.7.99 as the land in question is vested property and the action of eviction was taken pursuant to his order and then Mr. ..Category: Property Law | Date: | Hits: 40
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....y and the said Attorney settled the land of the aforementioned Touzis to plaintiffs and that the plaintiffs obtained settlement from said Kamaluddin Chowdhury and that while the plaintiffs were in possession of their land there was a dispute as to whether the land claimed by them is within ......s initiated on the basis of the said orders are illegal, void, without jurisdiction and as such not binding upon the plaintiffs. 2. It appears that the plaintiffs are claiming the land measuring 115.71 acres of Touzi Nos. 1763 and 1764 of the Bakerganj Collectorate and upon maki......dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......n of the land which belongs to the Government and they having not paid rent required to be filed by the kind of person as the plaintiffs are the relevant authority has initiated the proceedings in question. In the said state of the matter we are of the view the High Court Division as well as cou..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....The defendant Nos. 1 and 2 contested the suit by filing written statement denying the material averments made in the plaint and contended, inter alia, that their father Nasiruddin was the owner in possession of the suit land for the last 40 years by constructing building and he adversely po......n the impugned judgment. 2. Short facts are that the plaintiffs filed Title Suit No.40 of 1984 in the Court of Assistant Judge, Keranigonj, District-Dhaka stating, inter alia, that the suit land originally belonged to Abdul Gani Bepari and the C.S. Khatian was finally published in his na......o costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....d 25-04-1969. On the same day one Erfan Ali also purchased by another kabala the rest half of the suit plot from the said vendors of the plaintiffs. By amicable arrangement the plaintiffs got possession in the western half of the said plot and said Erfan Ali got the eastern half. In the pre......f 1973 in the Court of Munsif, Sadar, Rajshahi for declaration of their title to the suit property stating, inter alia, that one Tarini surrendered his korfa pattan in respect of the suit land of C. S. khatian No. 21 to his landlord Paramananda Mondol, who while in possession died......s to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ..Category: Property Law | Date: | Hits: 21
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