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Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
.... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ......ll valid legislations for affecting necessary amendments in the East Bengal State Acquisition and Tenancy Act and those laws cannot be attacked on the ground of ultra vires; (2) any transfer of a holding or part thereof by a raiyat either by way of out and out sale with an agreement to recon..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Altaf Hossain Golondas Vs. Bangladesh and others, 2004, 33 DLR (HCD)
....lver is declared to have been issued without any lawful authority and to be of no legal effect. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 323. ......e arrested the petitioner from MP Hostel, Nakhalpara in connection with Gafargaon PS Case No.7(7)04 and 8(7)04 dated 12‑7‑04 and recovered one revolver from his possession. The petitioner was not holding valid licence, and, as such, another PS Case being Tejgaon PS Case No.61 dated 21‑7‑04 u..Category: Arms Law | Date: 14 Dec, 2004 | Hits: 9
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ....... Mr. Abu Sams Md. Khalequzzaman, learned Advocate-On-Record appearing on behalf of the petitioner submits, inter alia, that the High Court Division on misconception of law discharged the Rule in not holding that the petitioner is a proper party to be added as defendant in the suit for adjudication ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
.... Ahmed, the learned Counsel for the petitioner and Dr. M. Zahir, the learned Counsel for respondent and perused the judgment of the High Court Division and other connected papers. 5. It is not disputed that the respondent is tenant under the petitioners in respect of disputed premises. It is ......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Hasina Begum and others Vs. Chairman, RAJUK and others, 2004, 33 CLC (HCD)
....n the year 1959‑60 and thereafter possession was taken over and banded over to Rajuk and subsequently, for the purpose of acquisition, gazette notification was published on 31‑8‑60 which is not disputed by the petitioner and the land thus vested in Rajuk. The petitioners have no right to occup......n No.3718 of 2003. Judgment Md. Awlad Ali J.- In this Rule obtained by 5 petitioners, the petitioners have sought a direction from the respondents not to evict the petitioners from the suit holding bearing (1) Chha 30/C Uttar Badda Plot No.76(2) 30/1. Uttar Badda plot No.76(3)Ja‑1, Maddh..Category: Property Law | Date: 4 Dec, 2004 | Hits: 2
Md. Muinuddin Zulfiquer Vs. Ministry of Shipping and others, 2004, 33 CLC (AD)
....light of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 132. ...... went on leave preparatory to retirement and thereupon by the order dated March 27, 2001 the respondent No.4, Director General, Department of Shipping made recommendation as to respondent No.5 for holding current charge of the post of Chief Engineer and Ship Surveyor inspite of writ-petitioner b..Category: Employment/Service Law | Date: 4 Dec, 2004 | Hits: 5
Atiquzzaman Khan (Md) Vs. State, 2005, 34 CLC (AD)
....ty thousand) is reduced to Taka 5,000 (five thousand) since the appellant has already deposited Taka 13,866 on 28‑2‑1983 out of misappropriated amount of Taka 18,812.90. Ed. ......ither been received nor refused within sixty days. It has been held that sanction deemed to have been accorded. ‘High Court Division unfortunately took a wrong view that holding of trial of a public servant without taking sanction is curable under section 537 of the Co..Category: Criminal Law | Date: 4 Dec, 2004 | Hits: 78
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....vision, which was upheld by the Appellate Division in 55 DLR (AD) 23, the learned Joint District Judge did not commit any error calling for interference by this Division. 14. Facts which are not disputed are that defendant No.1 executed a contract being No.30500/4 dated 13‑7‑2000 with defen...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
....made absolute in part without any order as to costs. The respondent No.4 is directed to proceed with the case in accordance with law.
Ed.
This Case is also Reported in: 57 DLR (2005) 730.
......e Rule by filing separate affidavit-in-opposition asserting that the government in exercise of its discretion rightly withheld sanction for trial of the respondent Nos.5 and 6, the impugned order withholding sanction was passed in accordance with law and is not liable to be questioned by the petitio..
Category: Anti-Corruption Laws, Criminal Law | Date: 10 Nov, 2004 | Hits: 8
Dr. Alauddin Ahmed Vs. Md. Idris Ali Bhuiyan and others, 2004, 33 CLC (AD)
.... counting of the ballots there was no objection by the respondent No. 1 or his agents. He has also referred to the evidence of PWs 4 and 5, two witnesses taking part in the conduct of the election of disputed Burudia High School Polling Centre. Referring to the statements made in the election petiti......r that the impugned order calls for our interference. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 14. ..Category: Election Law | Date: 30 Oct, 2004 | Hits: 142
Shamsul Haque (Md) Vs. Amina Khatun and others, 2004, 33 CLC (AD)
....adduce fresh evidence. 7. We have heard Mr. Probir Neogi, the learned Counsel for the appellant and pet-used the judgment of the High Court Division and other connected papers. 8. It is not disputed that the pre‑emptor is a co‑sharer by purchase in the case land and the pre-emptee is......arned Subordinate Judge held that the property Was a vested property but in spite of absence of such averments and findings the learned Judges of the High Court Division have made out a third case in holding that the property is a vested property which is wrong". 13. In the instant case as we h..Category: Civil Law | Date: 31 Aug, 2004 | Hits: 156
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
.... appeal was transferred to the Fourth Court of Additional District Judge at Chittagong. By impugned order the learned Additional District Judge held that Waqif Tafazzal Ali Chowdhury did not make the disputed land waqf and said land was not accordingly enlisted in the office of the Waqf Administrato......928 and since then continued to be so recorded in SA and BS record of rights without any objection from any quarter. The land was being held as waqf for about 76 years. The Waqf Administrator without holding proper enquiry upon notice on the beneficiaries said that the land was not enlisted as Waqf ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
....ion of goods, etc., irrevocable power of attorney and letters of guarantee were dated 18‑1‑82 for a principal sum of Taka 1,50,00,000 only, Exhibit 1 to 1(Uma) and Exhibit 2 to 2 (Kha). It is not disputed that such credit facility for said Taka 1, 50, 00,000 was never sanctioned by the bank. Mos......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ......he plaintiff has been in possession of the suit land by constructing pucca wall, bathroom, latrine and tube well. She also planted various sorts of fruit bearing trees in the suit plot. She also paid holding taxes regularly in the Municipality and subsequently, transferred 14 decimal of land to seve..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
....e High Court Division in Appeal from Original Decree No. 27 of 1988 allowing the appeal. 2. The plaintiff‑respondent Nos.1‑3 instituted Other Suit No.71 of 1987 for declaration of title to the disputed property and for declaration that order dated 30‑6‑1986 and 11‑6‑1987 are illegal, ......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
....hy; examined, not only the deposition of the witness would be perfectly admissible, but the omission to cross-examine would be taken to mean that the truth of the witness's testimony is not disputed. In these circumstances, the impugned judgment and order passed by the court below should n......ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
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Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....nded by the plaintiff. The plaintiff thereafter permanently left India and came to live in the then East Pakistan on 25‑3‑1961 and on his demand said Salamatullah promised to leave the disputed property soon. In April, 1962 Salamatullah was transferred to Karachi but he left for Kara......ssues of facts that normally crop up as pertinent questions in a case of benami transaction and not a single issue in isolation and also the submission that the High Court Division erred in law in holding that the learned Subordinate Judge (now Joint District Judge), was not aware of the legal p..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Mukul Vs. State, 2004, 33 CLC (AD)
....of evidence, does not constitute a valid ground for review. However, an order based on an erroneous assumption of material fact, or without adverting to a provision of law, or a departure from an undisputed construction of the law and the Constitution may amount to an error apparent on the face ......h of Swapna Begum and thereupon UD Case No. 57 of 1999 dated 18‑41999 was registered. The police personnel of Narail Police Station went to the house of the condemned prisoner and after holding inquest sent the dead body to the morgue. 7. After receiving the post mortem r..Category: Criminal Law | Date: 10 Jul, 2004 | Hits: 100
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
....d another agreement for creating further charge on the deed for the loan of Coast Marine Lines, Limited Admittedly, no issue on the basis of the said denial of the parties was framed regarding the disputed nature of mortgage as alleged in the said Artha Rin Adalat Suit. DW, 1 Mr. Azfar Ahmed, an ......nd substantial in issue in the Artha Rin Suit No. 147 of 1992, the subsequent instant suit being Title Suit No. 197 of 2001 being barred by principle of res judicata, the Courts below erred in law in holding that the decision of the Artha Rin Adalat could not operate as a bar of the present instant ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....d has got his name recorded in khatian No. 450/2 and as such pre-emptor ceased to be the co-sharer of the land of the case khatian. Thepre-emptees, contended that they had effected improvement of the disputed land. 4. The trial Court allowed the prayer for pre emption on the finding that the pre-em......ivision in revisional jurisdiction. The High Court Division by common order, as stated herein above, rejected the revisional applications summarily upon observing "Since in the instant cases the holding in question has been separated or sub divided upon opening a new khatian at the instance of ..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
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