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Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....ave to appeal are directed against the judgment and order dated 12-7-1998 passed in Writ Petition No. 428 of 1989 (heard along with other Writ Petitions) by the High Court Division making the Rules absolute. 2. The Rules in all the writ-petitions were issued calling upon the leave-petitioner wri......eved by the order dated 10-12-1984, the petitioners filed an application to the Secretary, Ministry of Land Administration and Land Reforms, Government of Bangladesh on 12-6-1985. The Joint Secretary called for a report from the Additional Deputy Commissioner (Rev), Habigonj vide Memo dated 15-6-198......decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. Result: The petitions are dismissed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 81(1) The Constitution of Bangladesh, 1972, Arti..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
....ry injunction. 4. The High Court Division discharged the Rule on the finding that as against the order of status quo the petitioner was required to file an appeal and that the order of status quo so passed cannot be said illegal since the Court is very much competent to pass the order impugned i......n the background of 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) 17. ......This petition for leave to appeal has been filed against the judgment dated November 5, 2003 of the High Court Division in Civil Revision No. 1226 of 2003 discharging the Rule with a direction to the trial Court to dispose of the petition filed under Order XXXIX, rules 1 and 2 of the Code of Civil P...... order of status quo is an order of injunction directing the parties to the suit to restrain themselves from doing any act which may bring about change in the position of the parties or in the nature and character of the property which is the subject-matter of the suit and as to possession of such p..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
....ated as substantive evidence. It can only be utilized by the defence under section 162 Cr.P.C. to contradict a witness in the manners provided by section 145 of the Evidence Act. When a witness is so contradicted by a statement recorded by the police office in the course of investigation, the on......ctober 29, 1999 the victim was in a depressed mood and condemned prisoner's mother asked the victim to take snack in the evening but the victim did not take snack, that the condemned prisoner also called the victim to take snack in the evening but the victim refused to take snack and for that th......ng her in not meeting the demand of dowry. This circumstance is a negation of the contention of absence of any evidence as to torturing for non-payment of dowry. In material Exhibit 1C, the trial Court observed that there is evidence of demand of dowry and non payment of which resulted in...... The Nari–O-Sishu Nirjatan (Bishesh Bidhan) Ain, 1995 (XVIII of 1995), section 10 (1) The diary maintained by the victim reflected that the victim felt pain in her mind because of demand of dowry and torturing her in not meeting the demand of dowry. This circumstance is a negation ..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
....in 1978, to claim any right by adverse possession, the plaintiff is required to possess the suit land for more than sixty years. Thus the High Court Division was totally wrong in making the rule absolute and decreeing the suit on consideration of the alleged long adverse possession of the plaint......ement has not been proved, but it conferred title on the appellant on a gratuitous finding of adverse possession in his favour, unwarranted by pleadings. This gratuitous conferment of title was uncalled for in a suit for partition where the plaintiff’s claim of title is to be looked into...... filed both the suits, Title Suit No. 14 of 1991 for partition and Title Suit No. 123 of 1990 for a declaration of title and for a declaration that the suit property was not an enemy property. The trial Court first decided Title Suit No. 123 of 1990 and that suit was dismissed, then the Title Su......preme Court Appellate Division (Civil) Present : KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Dulal Chandra Das & ors... .................Appellants Vs. Ratan Chandra Sarker and oth..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....f the same to the appellant on the same day as part performance of the agreement for sale. Before the execution of the deed Abdul Hafiz died in January 1972 leaving behind three legal heirs and successors namely, wife Hazera Khatun, daughter Baby Tabasun (minor) and son Md. Kalim (minor). A successi......illing an entry in the police diary. He produced a photo copy of the GDE, which the Court of Settlement held was not proved by calling for original from the police station. The record of the case was called from the Assistant Commissioner's Office where he filed all the photocopies except bainapatra......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......l Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban Development and another..........................................Respondent Judgment..Category: Property Law | Date: | Hits: 108
Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)
....d many rewards and while posted at Dhaka City Internal Operation he suddenly fell ill and, as such, could not attend the office from 9-7-87 to 14-7-87 and he having no relation at Dhaka could not also inform the office about his illness and after recovery he attended office on 15-7-87 and submit......tition for 10 days leave and thereafter, he sent application for extension of leave for 30 days but was not informed as to whether leave was sanctioned or not, then on 23-8-87 the petitioner No. 2 called for an explanation from him as to his unauthorised absence whereupon he submitted reply stat......al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ..................Category: Administrative Law | Date: | Hits: 113
ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)
....Criminal Appeal No. 1336 of 1999 and Criminal Appeal No. 1424 of 2000 and Jail Appeal No. 2329 of 1999 rejecting the Death Reference and dismissing the appeals modifying the sentence of death to imprisonment for life. 2. Facts revealed in the leave petition, in short, are that on 21-9-1990 Abdul......their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......r sections of the Penal Code against the two accused petitioners and others. 3. The case was registered as Sessions Case No. 23 of 1995 and was tried by the Sessions Judge, Patuakhali. 4. The trial Court after trial convicted the two accused petitioners under sections 302/149 of the Penal Co...... 58 DLR (AD) (2006) 13...Category: Criminal Law | Date: | Hits: 78
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....sentative capacity for a declaration that the NOC being No. 233/7 dated 25-3-1986 issued by the Deputy Commissioner, Kishoreganj is null and void, illegal and not binding upon the plaintiffs and also for permanent injunction against the petitioner and defendant-respondent Nos. 14-17 stating, int......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......ate Osman Gani who in collusion with the plaintiff filed the suit only to harass the defendants and under the facts and circumstances the suit is liable to be dismissed with costs. 4. The trial Court decreed the suit and on appeal the same was affirmed. The petitioner unsuccessfully mov...... Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others..........…Respondents Judgment August 24th, 2005. The Ci..Category: Property Law | Date: | Hits: 69
Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)
....ad been earlier convicted by the Additional District Magistrate, Mymensingh, in CR Case No. 219(1) of 1981 under section 467 read with section 109 of the Penal Code, and sentenced to rigorous imprisonment for 7 years along with fine of Tk. 10,000.00 each. Azimuddin had been acquitted by the tria......onnected documents were not produced at the time of trial, particularly when these documents were not marked as "exhibits" by the trial Court. The original case record was therefore called for by us and it appears therefrom that all these documents were there in the trial Court wh......(1) of 1981 under section 467 read with section 109 of the Penal Code, and sentenced to rigorous imprisonment for 7 years along with fine of Tk. 10,000.00 each. Azimuddin had been acquitted by the trial Court; his acquittal was not challenged in appeal; but he has been included among the accused......immediately. Ed. ..Category: Criminal Law | Date: | Hits: 68
Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)
....sp; MH Rahman J: The accused-petitioners were convicted under section 25B of the Special Powers Act, 1974 and sentenced to suffer rigorous imprisonment for three years each and to pay a fine of Tk. 1,000.00, in default to suffer rigorous ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......, instructed by Md. Nawab Ali, Advocate-on-Record - For the Petitioners. EX parte – Respondent. Criminal Petition for Leave to Appeal No. 45 of 1991. (From the judgment and order dated 13.6.91 passed by the High Court Division, Dhaka, in Criminal Appeal No. 410 of 19..Category: Criminal Law | Date: | Hits: 50
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....uires the State to encourage local government institutions, but the Ordinance abolished a local government namely the Upazila Parishad. The learned Judges of the High Court Division, for different reasons, some of which are common, dismissed all the petitions, but issued the Certificate since the ma......provided for re‑organisation of the general administration of the country at Upazila level by transferring some powers and functions of the Government to the Upazila Parishads. These functions were called "transferred subjects" and the functions retained by the Government were called "retained sub......l body and managed them through their officers, such as Sub‑divisional Officers, District Magistrates or Commissioners. Hardly any chance was given for these bodies to grow on a democratic line by "trial and error'; at least this is the popular belief in our country. 11. The idea of local g......o. 118 of 1992) Vs. Bangladesh, through the Secretary, Ministry of Local Government, Rural Development & Co-operative, (Local Government Division), Government of Bangladesh, Dhaka and anr...............Respondents (In all the Cases) Judgment July 30, 1992. Cases ..Category: Constitutional Law | Date: | Hits: 655
Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)
....ution Case was filed in that Court. It was further alleged that in collusion with each other, Mofazzal Hossain submitted false proposal for mutation in favour of the said four non‑official persons and Abdul Jalil allowed the same although the property in question already became vested and ......as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......No. 211 of 1987.) Judgment: ATM Afzal J.- The petitioner, a witness in the trial (PW 2), is challenging an order of acquittal passed by the High Court Division in appeal. ......l J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents &..Category: Criminal Law | Date: | Hits: 61
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....t on June 10, 1952 in the Subordinate Judge, 3rd Court, Dhaka for declaration of the title and khas possession of their lands measuring 1.72 acres in the Kakrail area of Dhaka city against two persons, namely, Awlad Hossain and Fazlul Karim on the allegation, inter alia that the defendants h......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......o draw the attention of the judgment and decree (marked Exhibits) of the suit of 1952. It was urged that the title and the claim of the plaintiffs and their right to Possession was sound by the trial Court in the suit of 1952 and subsequently confirmed by the Dhaka High Court, and that the s......din Chaklader, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. (From the judgment and order dated 30th April, 1989 passed by the High Court Division in Criminal Contempt Case No. 3..Category: Criminal Law | Date: | Hits: 141
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
....ppellant. Vs. Montu alias Nazrul Haque & others...................................................... Respondents [Criminal Appeal No. 2 of 1989] AHM Kamaluddin son of the deceased Informant ……………………&helli......ntu is directed to surrender to his bail bond to serve out the sentence now imposed on him. Criminal Petition No. 30 of 1988 is disposed of in terms of Criminal Appeal No. 2 of 1989. Ed. ......viction of Sayedur Rahman and Bakkar was altered to that under section 324 and they were sentenced to rigorous imprisonment for 3 years. The basis of alteration of the that section 34 of the Penal trial Court's finding was Code was not applicable in their case but they were held responsible for ......p;……………………..Petitioner. Vs. Montu @ Nazmul Huq and others……………………………&h..Category: Criminal Law | Date: | Hits: 93
Abdur Rashid Vs. Momtaz Ali Karikar and others, 1992, 21 CLC (AD)
....t No. 1. Not Represented- Respondent Nos. 24. Civil Appeal No. 45 of 1989. (From the Judgment and order dated 25th November, 1986 passed by the High Court Division, Jessore Session, Jessore, in Civil Revision No. 1143 of 1980). Judgment ......not part with his possession but simply made a show of transfer for any purpose, such as to put away his creditors, as in the case reported in 51 CWN 644, then such a transaction, whether it is called "Benami" or colourable, may be gone into." 7. Thus, the learned Sin......order of the High Court Division, Jessore Sessions, Jessore passed in Civil Revision No. 1143 of 1980 reversing the judgment of the lower appellate Court which in turn set aside the judgment of the trial Court arising out of a pre‑emption proceeding under section 96 of the State Acquisitio...... MH Rahman J ATM Afzal J Mustafa Karnal J Latifur Rahman J Abdur Rashid ........ ...... Pre-emptors-Appellant Vs. Momtaz Ali Karikar and others………………….. Pre-emptee-Respondents ..Category: Property Law | Date: | Hits: 106
Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others, 1992, 21 CLC (AD
.... raised in the writ petition namely, the Government Servants (Discipline and Appeal) Rules, though applicable to the appellant's case, were not followed and the principle of natural justice was also not followed in his case by giving him sufficient Opportunity to defend himself. 2. Khond......centre in Jhikargacha in the district of Jessore. All jute purchased from different Centres are despatched to the Mills' Head Office at Khulna. In the Kanaipur purchasing Centre there is an Officer called Agency‑in‑Charge. At the relevant time, a Deputy Manager of the People's Jute Mi......followed or applied by the BJMC in the cases of their employees before July, 1990. He has produced before us a notification under Article 25 of the President's Order No. 27 of 1972 (Bangladesh Industrial Enterprises Nationalisation Order) which shows that the BJMC adopted the Government's Rules ...... Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bashir Ahmed...................Appellant Vs. Bangladesh Jute Mills Corporation and others............Respondents Judgment March 19th, 1992. Lawyers Involved: ..Category: Employment/Service Law | Date: | Hits: 67
Rafiqul Islam Vs. State, 1992, 21 CLC (AD)
.... of the government there was an altercation between the informant party and the accused. On the following morning PW 1 went to the market and opened his grocery shop. He found die eight accused persons siting in the tea‑stall of Rahim and talking among themselves. The accused then went awa...... the absence of any overt act by him in the commission of offence, apart from the assertion, an afterthought, that he caught the deceased by hair. 8. ‘‘Before section 149 can be called in aid’’ in the Indian Supreme Court observed in Dalip Singh Vs. State of Punjab...... and while the two were scuffling the dagger struck Abul Hossain accidentally. The three accused were apprehended by the public as they were present near the place of occurrence. 5. At the trial five witnesses gave some more details about the incident. As there was a mosque nearby where ......Appellant. B Hossain, Deputy Attorney‑General, instructed by Md. Sajjadul Huq, Advocate-on-Record- for the Respondent. Criminal Appeal No. 16 of 1990. (From the Judgment and order dated 22nd May, 1986 passed by the High Court Division, Comilla Bench in Criminal Appeal..Category: Criminal Law | Date: | Hits: 65
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....t suffers from Coram Non Judice in view of the Administrative Tribunals, Act, 1980, which has ousted the Civil Court's jurisdiction in all matters relating to terms and conditions of service of persons in the service of the Republic or of any statutory authority, like the appellants' Bank. ......agerial or administrative capacity. "Under section 2(h) of this Act, any person employed in such an establishment to do "managerial or administrative" functions falls into the class called “employer". In the corresponding provision of the Industrial Relations Ordinance,......"worker" his remedy lay only before the Labour Court, in which case also the civil Court's jurisdiction was ousted. This question as to jurisdiction was not given any consideration by the trial Court which decided the suit on merit; the appellate Court considered this question but decid...... Appellate Division (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J Mustafa Karnal J Latifur Rahman J Managing Director, Rupali Bank Limited and others…………….Appellants Vs. Tafazal Hossain and ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
.... No. 61 of 1990, and for Tk. 1,58,210.00 against defendant No. 4, No interest was given. Defendant Nos. 1-3 and 4 preferred two separate first appeals, FA Nos. 17 and 19 of 1985 and the plaintiff also filed Cross objection No. 18 of 1985 against the trial Court's judgment and decree. Hearin......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ......n Money Suit No. 186 of 1978 of the 3rd Court of Subordinate Judge, Dhaka, the plaintiff Gazi Abdur Rashid claimed Tk. 35,31,911.00 with interest from 1.10.77 @ 15% against the defendants, but the trial Court, by judgment and decree dated 19.9.84, partially decreed the suit for TK 15,39,300.00 a......eme Court Appellate Division (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Sonali Bank and others ......................................Appellants Vs. Gazi Abdu..Category: Business or Commercial Law | Date: | Hits: 99
Subash Chandra Halder & another Vs. Abdul Bari & others, 1992, 21 CLC (AD)
....pposite party No. 3 in Civil Revision No. 2049 of 1990 upon merely holding that such addition will not prejudice either of the party in this case. 2. Facts of the case briefly are that the predecessor of the appellants instituted Title Suit No. 41 of 1980, on transfer renumbered as Title Suit No.......hus cannot be sustained. The order is, accordingly, set aside. The appeal is allowed without any order as to Cost. Ed. This Case is also Reported in: (1992) 12 BLD (AD) 174; 44 DLR (AD) 253. ......5 of the Court of Subordinate Judge, Sunamganj, for a declaration that the suit land was not an enemy property and for permanent injunction against the defendants. During the pendency of the suit the trial court by its order dated 21st September, 1982 allowed the application of respondent No. 1 and ......12 BLD (AD) 174; 44 DLR (AD) 253. ..Category: Property Law | Date: | Hits: 67
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