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Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....roperty of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......Hossain in respect of the land of 'Kha' and 'Ga' schedule was never acted upon, nor it was treated as a deed of transfer by any of the parties to the deed, that Izzatullah Chowdhury during his life time was in possession of all the disputed property through bargaders, that plaintiff No.2 while s......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....tion of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......tioner within 2(two) months after such gazette notification" but inspite of the above the respondents failed to comply with the above direction of the High Court Division within the specified time for final assessment and make payment of compensation to the petitioner; the petitioner also s......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
....ion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......the offence of rape charged against the accused appellant under Section 9(1), in our view, has also failed for the reasons that the victim girl Bithi (P.W.2) was 15 years of age at the material time and there was no sign or marks of violence on the private part or on any other part of h...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 34
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
....n to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. .......W.1 was held and warrants upon the witnesses were issued. 7. It further appears that on 14.10.2003 two witnesses were produced by the prosecution but the accused petitioner prayed for time and as such the said witnesses could not be examined. We have also examined the impugned ...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
.... Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ixed for 17.09.2003 where the price of the property went up to Tk.5,26,00,000/- and on both the occasions the bids were rejected being inadequate and thereafter tender was invited for the 3rd time for auction sale of the property to be held on 20.11.2003 and on this date the price increased......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
.... a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......r of a review petition for restoration. 4. The trial Court found that the appellant had been depositing the monthly rent of the suit premises to the Abandoned Property Authority in lump from time to time and the property was released in favour of the plaintiff by an order dated 26-11-81. H......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
....ilable to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......file the suit. 3. The defendant filed the written statement denying the averments made in the plaint and stating, inter alia, that the suit was barred by limitation, that plaintiffs at no point of time had/have title in the land in suit and the plain tiffs also are not in possession of the land...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....ithin one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......Mondal was the owner in possession of the disputed land measuring 2.07 acres and his name was duly recorded in S. A. khatians and he died leaving behind his wife and also the plaintiff who at that time was minor being aged about % months; subsequently the mother of the plaintiff transferred......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......aternal aunt of the plaintiff and the defendant Nos.1-4 are the close relations of the defendant No.5, that plaintiff in pursuant to the said act made over possession to the defendants, that at the time of transfer many elites of Srimongal Town were present and in presence of them plaintiff rece...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ...... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....f remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ...... Saifur Rahman, learned Advocate for the plaintiff-respondent, however, sought to justify and government order with reference to section 20 of the Ordinance which says that government may from time to time issue direction to the Board to take such measures as it considers necessary for ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
.... in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......roduced the certificate never raised any objection as to the alleged transactions in relation to herself and for her husband and never demanded any share or directorship of the respondent No.1 at the time of her subscribing in the Memorandum and Articles of Association and at the time of her attendi...... lac) shares of Tk. 100.00 each total value at Tk. 300,00,000.00 (Taka three crore) on the erroneous view that since shares were not procured with the rest of the fund of Tk. 200,22,000.00 prayer for recovery of said funds could not be allowed in the present proceedings and as such the impugned ju......No.1 is a public company limited by shares registered and incorporated under the provisions of the Companies Act, 1994 (Act DVIII of 1994) in the office of the Registrar of Joint Stock Companies and Farms of Bangladesh Dhaka on 02.04.2001 and obtained the certificate of commencement of business on t..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
.... the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......te-on-Record for respondent Nos.1-2 in C.A. No.62 of 2004 and respondent Nos. 6-7 in C.A. No. 63 of 2004 and perused the judgment of the High Court Division and other connected papers. 9. At the time of hearing of the appeal the learned Counsel for the appellants in C.A. Nos. 62-64 of 2004 file......t the writ petition involved complicated questions of fact as to title and also as to possession and dispossession which could not be decided without filing a proper suit for declaration of title and recovery of possession and as such the writ petition is not maintainable. The MLO No. 128/86 dated 1......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......ded after conclusion of the evidence and remained in abscondence till he was arrested in January 2003. Being in abscondance the accused petitioner deprived himself of the right to prefer appeal on time and we do not find any reason to accept the submission that for his failure to prefer an ......Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......ul Wadud Sarker who deposed that accused petitioner Zakir Hossain was found in possession of a pipe gun. P. W. 3 Munir Hossain Bhuiyan and P.W. 4 Belayet Hossain deposed that in their presence the arms were recovered from the possession of the accused petitioner. All these witnesses are seizure ..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
....irst Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......ng the ends of justice in view of the defence plea, instead there is likelihood of the petitioners being prejudiced for not allowing the said application. The Court below should allow a reasonable time, i.e. at least a month to produce the said doctor along with the Medical Register of the Dolah...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ...... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....e accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......owards Rajbari, that he rushed to Banibaha Bazar with the said informers, reached Akbar's shop and learnt upon enquiry that the 13 barrels were taken away by dacoits towards Rajbari, that after sometime the said 3 Chowikders came on foot from the northern direction, ran to his shop and being inte......intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......sque, 4/5 dacoits got down from the truck and asked for the location of the tube-well and when the Chowkiders went close to them they tied them up with rope, held them under threat a of death with arms if they talked, tied up their mouths with chadar and katha and put them on the truck in face d..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
....ing the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... 21.10.1997 and accordingly the ACRs of preceding 5 years i.e. up to 1996 were considered for all persons considered for promotion. Accordingly the ACR of 1997 which was not ready at that time could not be considered in respect of all the candidates considered for promotion. Theref...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ...... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... same to have been executed by Kancha Mai though they never claimed the suit land by virtue of that fraudulent kabala nor did they any try to take possession of the suit land during their life time on the basis of the said kabalas; the plaintiff has exchanged 1.19 acres of land out of the s...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....e by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......e allegations made by the writ petitioner being not corroborated by any cogent evidence and there being allegations of the writ petitioner about alleged harassment and intimidation and at the same time there being emphatic denial thereto made on behalf of the respondents and the materials f......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..Category: Constitutional Law | Date: | Hits: 150
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....gainst the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......he report of the inquiry Committee 2nd show cause notice was served along with the inquiry report on the plaintiff and he replied to that, that plaintiff was given personal hearing and at that time he admitted his guilt and the college authority finally having had found the reply given to th...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....ed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......itakundu, Chittagong. In the impugned order it was stated that the same was issued in the light of an order passed in Civil Revision No. 1207 of 1999. The Civil revision was pending at the relevant time. 3. Respondent Nos.2 and 3 filed Other Suit No. 280 of 1987 in the Court of Assistant J......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
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