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State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......e P.W.I, brother of the deceased Mohammad Ali, in short, is that Abdus Samad Mondal (acquitted) a neighbour of the deceased Mohammad Ali erected a tinshed hut for running a 'moktab' on 18 decimals of land of Plot No. 430 closed to the house of the informant (P.W.1) Md. Abdur Rahim, brother of deceas......ve bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......witnesses produced in this case is a true witnesses of the occurrence" then the Court can very much rely on the evidence of such witnesses to find the person guilty of the charge offence. 28. The question of consideration of the witnesses who are interested, interrelated and partisan came up for..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......qf deed and the conduct of the present petitioner Mr. T.I. Khan and found that filing of the title suit claming the Waqf property as his personal properties and executing a mortgage deed including land of the Waqf property are all acts done against the interest of the Waqf Estate and therefore h......o merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....under the name and style "Parda Bitan" and defendant No.3 is running business in another room in the name of "Khan Brothers"; the plaintiff having facing inconvenience in joint possession and management of the suit properties requested the defendants for partition but they ha......ver for appointing a receiver; in a partition suit between the members of a joint family the court will not appoint a receiver except by consent and specially where the family property consists of land, special circumstances must be proved before the Court; the plaintiff must satisfy the Court t......on of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....is main defence was that by two registered sale deeds being Nos. 965 and 966 dated 30.01.1970 the plaintiff transferred the suit land to Golap Banu and her husband, Jainal Abedin and delivered them possession. The said Golap Banu and Jainal Abedin then transferred the suit land by sale deed No.45...... absolute. 2. The predecessor of the plaintiff instituted Title Suit No.47 of 1999 in the 2nd Court of Joint District Judge at Narayangonj for simple declaration of title in respect of suit land against the defendant. 3. The defendant contested the suit by filing a written stateme...... the petition is dismissed. Ed. ......on given by her were examined by C.I.D. expert who submitted report to the effect that those thumb impression in deed and other thumb impression given on papers forwarded by Court are same, so the question of execution of sale deed was rightly presumed and proved but plaintiff filed objection ag..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
....Judge, Nalitabari in Other Class Suit No. 90 of 1991. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 90 of 1991 before the Senior Assistant Judge, Nalitabari for recovery of possession of the possession of the suit land under Section 9 of Specific Relief Act stating, inter....... 90 of 1991. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 90 of 1991 before the Senior Assistant Judge, Nalitabari for recovery of possession of the possession of the suit land under Section 9 of Specific Relief Act stating, inter alia, that the suit land recorded in R.S......ner. Accordingly, this application is dismissed. Ed. ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..Category: Property Law | Date: | Hits: 51
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......e AT. Accordingly the petitions are dismissed. Ed. ......eniority of the Senior Accountant and the Junior Accountant. The other contention i.e. Senior Accountants are in higher grade and the Junior Accountants are in lower grade is also of no merit since question involved in the instant case whether promotion given from the person who are Senior Accoun..Category: Administrative Law | Date: | Hits: 125
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......his wife and accused Mohir Fakir is also his full brother. The High Court Division further held that both the condemned prisoners each dealt only one blow on the victim and accused Joynal Fakir had land dispute with his brother Moina and there was an attempt for Salish over the matter. 7. ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 36
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....r-in-interest of the respondent Nos.1 to 8 instituted the Title Suit No.120 of 1992 in the Third Court of the then Subordinate Judge, Dhaka on 27.06.1992 for declaration of title and recovery of khas possession of the suit property after removing all structures from the suit property stating, inter ......in died leaving Samiruddin and others as his heirs. Samiruddin and others sold two Pakhi on 12.09.1955 to plaintiff's name and bename and possession was handed over. Plaintiff was possessing the suit land since then. But the defendant Nos.1 to 8 dispossessed the plaintiffs by force on 09.01.1992 and......ur discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......he deed into evidence and thereby committed serious offence making him liable for prosecution under Section 195(1) (c) read with Section 476 of the Code of Criminal Procedure and directed the deed in question to be impounded and also directed the Registrar to take the document in his custody and sen..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....absolute. 2. Short facts are that the petitioner instituted Title Suit No. 12 of 1994 in the Court of Senior Assistant Judge, Faridpur Sadar for declaration of his title and recovery of khas possession and also for partition alleging, inter alia, that the land measuring an area of .77 acre...... Title Suit No. 12 of 1994 in the Court of Senior Assistant Judge, Faridpur Sadar for declaration of his title and recovery of khas possession and also for partition alleging, inter alia, that the land measuring an area of .77 acres out of 1.10 acres of Plot No.1308 appertaining to R.S. Khatian ......es, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
....at the petitioners as plaintiffs filed Title Suit No.57 of 1987 in the Court of the learned Assistant Judge, Chougancha, Jessore for declaration of their title to the suit land and confirmation of possession therein stating, inter alia, that the 'Ka' schedule land of the plaint originally belong...... 2. Short facts are that the petitioners as plaintiffs filed Title Suit No.57 of 1987 in the Court of the learned Assistant Judge, Chougancha, Jessore for declaration of their title to the suit land and confirmation of possession therein stating, inter alia, that the 'Ka' schedule land of th......gment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......t Division discharged the Rule. 4. We have heard Mr. AKM Shahidul Huq, the learned Advocate-on-Record for the petitioner and perused the connected papers. 5. In our view the pertinent question for consideration in this matter is whether the oral gift made by Bodiullah in favour of ..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ...... Case is also Reported in: 61 DLR (AD) (2009) 82. ......iance of section 95 of the Companies Act, 1994 to enable the appellants to attend the meeting of the Board of Directors of the respondent no. 1 Social Investment Bank Ltd. The appeals involve same question of law on the self-same fact and disposed of by the same judgment by the High Court Divisi..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
....n Civil Appeal No.21 of 1999. 2. The petitioners as plaintiffs filed Other Class Suit No.593 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiyan held the d...... in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiyan held the disputed land measuring .09 acres in Chandina Jote right under the Court of Wards on behalf of one Amullya ...... we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....fic performance of contract on the averments that late Noor Ali Akunji, the defendant No. 1 in the above suit and the predecessors in interest of the respondent Nos. 5 to 12, was the owner in possession of the suit land measuring 3.93 acres and he on 29-11-1976 entered into an agreement wit......ract on the averments that late Noor Ali Akunji, the defendant No. 1 in the above suit and the predecessors in interest of the respondent Nos. 5 to 12, was the owner in possession of the suit land measuring 3.93 acres and he on 29-11-1976 entered into an agreement with the plaintiff for sal...... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ...... whose knowledge the facts as to whether he has paid and whether he had notice of the original contract lie, and the provisions of section 103 and 106, Evidence Act, 1872, have a bearing on the question." 13. In Shankarlal Narayandas Mundade’s case the Privy Council ob..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....fter constructing house started living therein; Rustam Ali then entered into a contract for sale of the suit land with one Abdul Jabber, the defendant No. 4, on 25-12-1969 and also handed over the possession of the suit land to him; Abdul Jabber then by a registered kabala executed and registere......XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent injunction against the Government is not maintainable by such trespass....... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... Property Act 1948, right, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Inv......s allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......en the same had already stood acquired, that the Additional Chief Engineer, Roads and HighÂways Department, Dhaka Zone in the affidavit-in-opposition had asserted that they still require the land in question in connection with maintenance of the bridge and the approach road, that having regard to t..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunÂder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... nature during the First World War, and more especially for the adÂministration of the monies and properly held by the Joint War Committee, Indian Branch, of the Order of St. John of Jerusalem in England and the British Red Cross Society. The first members of that society were nominated by persons ...... J ATM Afzal J Mustafa Kamal J Latifur RahÂman J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, MinÂistry of Law and JusÂtice & others........Respondents Judgment January 30, 1990. ......tion. In discharging the Rule issued in the appellant's Writ Petition No. 349 of 1989 by its judgment dated 29.8.1989 the High Court Division gave a certificate that the matter involved a substantial question of law as to the interpretation of the Constitution, particularly Article 38 thereof. 2...Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested elecÂtion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ide the uncontested elecÂtion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......88. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......ppeal No. 82 of 1989. (From the judgment and order dated 6.8.89 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 196 of 1988). Judgment Shahabuddin Ahmed CJ. - The question raised in this appeal by special leave is whether a civil suit is maintainable over an elec..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....ent filed an application in the said case for adding her as a party in that case on the allegaÂtion that the testator had entered into an agreement with her to sell schedule-1 property and made over possession to her. She further stated that she had alÂready filed Other Suit No.34 of 1986 in the 1......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......sion is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......t of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding brought by the appellant of the will left by the deceased. The question is whether she is entitled to citations within the meaning of section 283 of the Act. The p..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......d stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ...... even without corroboration. A dying declaration may be recorded by any person who is available and it may be written or it may be verbal; it may also be indicated by signs and gestures, in answer to questions, if the person making it is not in a position to speak. There is no requirement of law tha..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......for makÂing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......on in 1955 and from then on he served in various instiÂtutions and hospitals in this country. He inherited all the properties of his father, but the respondents illeÂgally treated two properties in question as abandoned properties under Bangladesh Abandoned Property (Control, Management & Disp..Category: Property Law | Date: | Hits: 32
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