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Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....on, Dhaka in favour of the appellant. The further case is that in the meeting of the respondent No.3 of the Writ Petition No.6140 of 2000 held on 12.06.1996 the decision was taken to give delivery of possession of the land to the appellant by evicting the trespassers. Accordingly, the respondent......Ansar & V.D.P. having its office at Tikatuly & others ……………………Respondent (Civil Appeal No. 63 of 2004) Government of Bangladesh, represented by the secretary, Ministry of land and others……………………………………Appellant Vs. Syeda Sajeda Hossain &a......are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......hat the land has been released from the vested property list and accordingly the Additional Deputy Commissioner (Revenue), Dhaka issued memo dated 17.12.1989 informing Mrs. Rozario that the land in question had been excluded from the list of the vested properties and the Government subsequently ..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ...... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......ne by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......dgment: A. T. M. Afzal CJ. - Leave was granted in these two appeals by leave to consider the question of sentence only. 2. Accused appellant Sekander Ali Howlader of Criminal Appeal No...Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......n other accused were prosecuted under Sections 467/109 of the Penal Code on the charge of forging, in collusion with each other, deed of sale No. 5971 dated 30.12.1978 with a view to grab the case land (81/2 decimals) of Plot No.2827 of Khatian No.353 of mouza Bendabari under Police Station-Kotw...... imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ......t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....Negotiable Instrument Act, 1881. 2. The petitioner filed the above C.R. Case No. 4690 of 1999 alleging, inter alia, that the accused respondent Nos.1 and 2, claiming themselves to be the owners-in-possession of 2.141/2 acres of land of C.S. Khatian No. 229 and S.A. Khatian No. 439 appertaining to....... 2. The petitioner filed the above C.R. Case No. 4690 of 1999 alleging, inter alia, that the accused respondent Nos.1 and 2, claiming themselves to be the owners-in-possession of 2.141/2 acres of land of C.S. Khatian No. 229 and S.A. Khatian No. 439 appertaining to C.S. and S.A. Dag No.134 withi......n. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....003 rejecting summarily the application under Section 561A of the Code of Criminal Procedure. 2. The facts, in short are that on 22.04.1999 accused petitioner Zakir Hossain was found in possession of a country made pipe gun 11" in size and another pipe gun was found in posse......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. ......e and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......oned which has been reported in the case of Abdul Quader Chowdhury vs. State. 28 DLR (AD) 38, which runs as follows: "12. (Sic)............................... A pertinent question may be posed as to when and under what circumstances the said jurisdiction can and s..Category: Criminal Law | Date: | Hits: 55
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....enal Code as the accused had no knowledge that the 13 barrels of oil recovered from his custody were the subject matter of the dacoity and none of dacoits identified the accused to be in dishonest possession of the recovered 13 barrels' of stolen oil and that the accused-petitioner has been......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. ...... section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ......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. ..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... 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. ...... as Probation Officer in 1979. He was confirmed as Assistant Manager in 1980 and was promoted as Assistant General Manager on 02.04.1988. Thereafter, he completed 9 (nine) months training in Netherland and also obtained post graduate diploma on port and shipping Management. He has a clean servic......on requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......p; The learned Counsel for respondent No.1 submitted that the Service Regulations of 1997 was enacted in pursuance of power granted to the Board under Article 27 of P.O. 10 of 1972. Therefore, the question of continuation of the delegation of power made in 1974 or application of section 24 of th..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
....their favour fraudulently by showing the 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 ......95 of 1981. 2. Ulfa Mai the predecessor of the petitioner Nos. 1-5 brought the above Other Suit No. 495 of 1981 against the defendant respondents praying for declaration of title in the suit land, measuring 6.59 acre, stating, inter alia, the land, measuring an area of 8.82 acres apper......ision 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)
....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. ...... to be dismissed and hence it is dismissed without any order as to costs. Ed. ......and beat them and their children and by force pushed them to the waiting buses and carried them to Kashimpur vagrant home and detained them against their will and the respondents circulated a questionnaire to the residents of Nimtali and Tanbazar to express their opinion as to how many..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
.... business, that the notice under Section 106 of the Transfer of Property Act was duly served, that nothing has been brought on record from the side of the defendant to establish that he purchased the possession of the shop for good and thereby plaintiffs title in the shop has been extinguished, that......t to meet her alleged requirement. Hence the suit is liable to be dismissed. 5. The trial court decreed the suit on the findings that the relationship between the plaintiff and the defendant is of land lord and tenant, that the defendant without obtaining permission of the landlord has made const......of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......t did not pay the rent at enhanced rate, that three sons of the plaintiff are graduate but could not procure any employment and as such to provide these unemployed sons plaintiff requires the shop in question. It was also the case of the plaintiff that defendant without obtaining permission from him..Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
.... 11th February 1979 obtained in Title Suit No. 225 of 1977 by the defendant petitioner declaring his title and the Title Suit No. 64 of 1992 has been filed by plaintiff respondent Nos.1-6 for khas possession and for eviction of the monthly tenants of the defendant-petitioner. 3. The p...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ......urt Division is set aside. The parties do bear their respective costs. Ed. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... 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. ......ot maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......einbefore. It may be mentioned in the aforesaid case it was contended that the omission was only technical defect but the said contention was not accepted. Prior to the above case similar question came up for consideration before this Court in the case of Md. Arfan Ali Vs. Sonali Bank a..Category: Employment/Service Law | Date: | Hits: 113
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......e stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......ant had made out a case for interference by he Government under section 196B. 8. The argument as advanced before the High Court Division and as now advanced before us rotates round a central question, namely whether the appellant as deprived of an adequate opportunity to show cause before ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
.... and order dated 13.12.2004 passed by a Division Bench of the High Court Division in Civil Rule Nos. 638 (F) and 639 (F) of 2004 making the rule absolute and direction the petitioners to hand over possession of the suit property to the respondent within 15 days failing which the trial court is t......nder Mahamadan law against the respondent Messers Yunusco K. Textile Lid. The Pre-emption was allowed and the trial court directed the opposite party pre-emptee) to hand over possession of the case land the pre-emptor and thus being aggrieved the opposite party preferred first Appeal No. 234......ed. Ed. ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ......he petitioners are directed to prepare paper book within 6 (six) months. Ed. ......affidavit-in-opposition contending, inter-alia, that the Board of Directors of RAKUB in the 263rd meeting did not approve the recommendation of the promotion committee and as such there was no question of implementing any decision and that the Ministry of Finance being the Bank's parent Mini..Category: Employment/Service Law | Date: | Hits: 81
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
.... ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declaration of title and ......he ground that the amendment in question would not help settle the real "controversy in issue whether the plaintiff was in possession and then, was dispossessed from the schedule Kha land". 3. Against this backdrop, the plaintiffs, who are appellants before us, filed ......ed in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......revision and a Division Bench of the High Court Division initially issued Rule but finally discharged the same on affirmance of the said order of the trial Court on the ground that the amendment in question would not help settle the real "controversy in issue whether the plaintiff was i..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit ......d others.... .................Respondents Judgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of ...... Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......n this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ...... the President in exercise or purported exercise of the powers derived from the law (which includes Rules), shall be deemed to have been validly made, done or taken and shall not be called in question in or before any Court, Tribunal or Authority on any ground whatsoever. Mr. Khandker ..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
.... on July 15, 1978 transferred 12 Tea Estates to the appellant which also includes the above mentioned Tea Estate and the appellant by the aforementioned agreement became the absolute owner in possession and control of the estate. The appellant came to know that on April 22, 1998 the Additi......le of the said deed where admittedly there is no Balumohal within the Tea Estate in question which has been leased out to the appellant and in that view of the matter leasing out of the appellant's land by the government treating same as Balumahal was illegal. It has also been submitted that the......dingly, the appeal is allowed without any order as to costs. Ed. ......the High Court Division was in error in not considering the lease deed dated March 19, 1988 as well as the schedule of the said deed where admittedly there is no Balumohal within the Tea Estate in question which has been leased out to the appellant and in that view of the matter leasing out of t..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. ......tic Stores and others vs. Subordinate Judge 55 DLR (AD) 13. 7. Admittedly the order dated 23-8-1999 passed by the Artha Rin Adalat in the present case is an interlocutory order. The question that falls for our consideration is, whether the learned Judges of the High Court Division..Category: Banking Law | Date: | Hits: 157
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