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Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....ooperative Society Ltd. and that, the suit property was purchased by the plaintiff society for construction of house; thereon, for distribution amongst its members and that the society was in possession of the property and the property, has been, mutated in the name of the society and......in the 2nd Court of the learned Joint District Judge, Dhaka for permanent injunction against the petitioner, the defendant No. 5 and others in respect of the suit property measuring 29.52 acres of land stating, inter alia, that the plaintiff, was Finance Director of Uddog Multi Purpose Coop......for. The leave petition is accordingly dismissed. Ed. ......C has no manner of application in considering the petition under Order VII Rule 11 of the Code. Nor on point of maintainability of the suit, the plaint is liable to be thrown away in limine as the question may be agitated in framing an issue to the point. There is no ingredient of Order VII rule..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....t the predecessors of the plaintiffs instituted Title Suit No. 73 of 1976 in the 1st Court of Subordinate Judge (now Joint District Judge), Comilla for declaration of title and for recovery of khas possession. The suit was decreed on contest on 30.09.1980 and Title Execution Case No.18 of 1980 w......ation of title and recovery of khas inasmuch as possession was decreed on contest on 30.09.1980 and title execution case No.18 of 1980was started for taking delivery of possession in the suit land. It is on record that the Judgment debtor filed first Appeal No.20 of 1981 before the High Cou...... applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......ties which, lay down that the decree of the trial Court gets merged in the decree of the appellate Court are no doubt correct, but the said decision only emphasise this fact when dealing with the question of limitation as to when the period of limitation will commence for execution of the decr..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
.... Sonar Bangla Service Station, asked the defendants to mutate his name in respect of the suit property but the same was refused and' on March 27, 1991 the authority directed the plaintiff to handover possession of the land in suit. Hence the suit. 3. The suit was contested by the defendants by fi......ice Station, asked the defendants to mutate his name in respect of the suit property but the same was refused and' on March 27, 1991 the authority directed the plaintiff to handover possession of the land in suit. Hence the suit. 3. The suit was contested by the defendants by filing written state......ove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......aid down for observing strictness of the proof of substantial and reasonable cause in making such delay. Standard of acceptance must, however, remain the same in case of both citizens and State". The question of condonation of delay in filing appeal by the State came up for consideration in the case..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....ivil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of the suit land. Defen......ents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmation of possession in the rest of the suit land. Defendant -respondent No. 1 Sreemati Shaivalini Gosh filed S.C.C. suits against the appellant......ya Ratan Chowdhury............Appellant (In Civil Appeal No. 52 of 1995) Anil Kumar Dutta ………..Appellant (In Civil Appeal No. 53of 1995) vs Sreemati Shaibalini Ghose & ors…………......Respondents (In all Appeals) Judgme......p; ors 38 DLR (AD) 97. 9. The High Court Division agreed with the said contention of the defendant-respondents that the suit was not maintainable and therefore refused to enter into the question of merit of the case on the basis of which the plaintiffs' suit was dismissed and the S.C...Category: Property Law | Date: | Hits: 106
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......ainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......jection raised in this respect should be waived and ignored. It may be mentioned that the relevant Mill authority without taking any instruction from BJMC was competent to take the decision in question i.e. giving selection grade to an employee of the Mill. There is no allegation that ..Category: Employment/Service Law | Date: | Hits: 84
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
.... that sum of TK. 6,00,000/- would be paid as advance which would be adjusted within 2 (two) years and accordingly the complainant received TK. 1,00,000/- out of aforesaid sum of TK. 6,00,000/- and possession was handed over to the accused petitioner and others putting belief upon the words of th......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......here is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......on or continuance of the proceeding is apparently visible or the complaint, even if accepted in their entirety, do not constitute any offence and if there is no legal evidence. In the instant case question of considering the third consideration as to legal evidence does not arise as evidence is ..Category: Criminal Law | Date: | Hits: 30
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......urt Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ...... In support of the petition, Mr. Mansurul Hoq Chowdhury,learned Advocate submits, inter alia, that the cause of action, if any, arose on 09.02.1999 the date of alleged issuance of the cheque in question or on 10.05.1999, 31.05.1999 and 22.06.1999, the dates on which the cheque is said to have ..Category: Criminal Law | Date: | Hits: 36
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......ind any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......owing payment of Tk. 35,000/- on 10.01.1980 the petitioner's signature is conspicuously absent and the petitioner being a ledger clerk he had infect no role to play in making payment of the amount in question and that there is no evidence against the petitioner to maintain conviction against the pet..Category: Criminal Law | Date: | Hits: 50
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......vs Messers Fabrica Nacional De Monedy Timbre & others..............Respondents Judgment April 1, 1997. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advoc......ng before it can exercise any inherent power. And there will be no two opinions that no Court has any inherent power to invent itself with a jurisdiction not conferred on it by law. 10. The question in this appeal is whether the High Court Division had any jurisdiction to entertain the su..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
.... the trawler in favour of the petitioner upon execution of bond amounting to Tk. 1,50,00000/- (Taka one crore) and fifty lacs) and accordingly the trawler was given Jimma to the petitioner who got possession thereof on 13-11-2003. 5. Against the said order of Jimma dated 11-11-2003 ......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......itional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......d the fact that inquiry into complaint filed by the petitioner was continuing and the charge sheet had been subsequently submitted in respect of the offence committed in relation to the Trawler in question, the learned Additional Sessions Judge, Chittagong and the High Court division erred in se..Category: Property Law | Date: | Hits: 31
Mohammad Salim Ahmed @ Md. Salim Miah Vs. State, 2006, 35 CLC (AD)
....nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......nd order of conviction. We in facts and circumstances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......ances do not find any reason to interfere with the impugned judgment and order. The petition having no substance is dismissed. Ed. ......egards the participation of accused appellant in the occurrence we may be permitted to say that the private witnesses i.e. P.Ws. 1 to 3 have in a voice said about snatching away of the money in question in broad day light from public road on the date after giving the informant a good beating..Category: Criminal Law | Date: | Hits: 52
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......o. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......e instance of Md. Jahangir Alam (Selim) Writ Respondent No. 4, a candidate for election for the post of Chairman of No.9 Kaimpur Union Parishad under Kashba upazila, District Brahmanbaria calls in question the legality of the order dated 13th April, 2003 passed by the High Court Division in Writ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......ind no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......bsp; Syed J. R. Mudassir Husain J.- In these 2 (two) appeals, the appellants are same the respondents are different but for a common question being involved as to whether the respondent of both the appeal are entitled to get scale ..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and othÂers, 2006, 35 CLC (AD)
....ord of the suit land i.e. 0.70 decimals of land gave pattan to Anil Ranjan in 1335 B.S, who in turn gave the said 0.70 decimals of land to Monindra Nath Pramanik by way of pattan and delivered possession. Monindra Nath Pramanik sold 0.70 decimals of land to the plaintiffs by kabala dated 17...... 18.10.1982 passed by the Additional Commissioner, Rajshahi Division in Appeal Case No. 100 of 1978 is illegal, void and not binding upon them. They contended that Tarakanath Pramanik the original landlord of the suit land i.e. 0.70 decimals of land gave pattan to Anil Ranjan in 1335 B.S, who in......aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......question and prove it by adducing evidence". There is no order as to cost. Ed. ......996 and thereupon sent back the case to the 'original court' "For hearing the same afresh in accordance with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence." 3. It may be mentioned that the High Court..Category: Property Law | Date: | Hits: 62
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....ft, that the claim of the defendant No.1 of having the land in suit by deed of gift is false and the deed of gift, it any, is forged, that plaintiffs as heirs of the 3 sons of Jatindra are in possession of the land in suit and enjoying the same, that the defendant No.1 is living with the pl......t of Munsif (now Assistant Judge) Kushtia in title suit No. 48 of 1985 decreeing the same. The suit was filed seeking declaration of title and confirmation of possession in respect of the land described in the schedule attached to the plaint. 2. Facts averring which the suit was ...... the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......intiffs. The High Court Division while making the Rule absolute observed that the appellate Court did not come to any finding with regard to possession and did not discuss any evidence on the question of possession, that the trial Court as well as the appellate court found title of the..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......ny substance in this appeal. The appeal is, therefore, dismissed. Ed. ......5. In support of the appeal the appellant reiterated the submissions made at the time of granting the leave. 6. He further submits that the appellant being seriously ill during the period in question was prevented from appearing at the time when the appeal was called upon for hearing and t..Category: Procedural Law | Date: | Hits: 70
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......mber of 1998 passed by a Division Bench of the High Court Division in Death Reference No.22 of 1994 heard analogously with Criminal Appeal Nos. 2218, 2286, 2446 and 2532 of 1994 since a common question of law upon similar facts arose between the same parties. 2. The short facts, lead..Category: Criminal Law | Date: | Hits: 25
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... further the alleged place of occurrence was far away from the Indian border and as such it was not possible to bring illegal goods by the petitioner. Mr. Nawab Ali, next submits that the pertinent question as to whether the goods were contraband or not were not considered by the High Court Divis..Category: Criminal Law | Date: | Hits: 29
Habibur Rahman alias Habu and othÂers Vs. State, 2006, 35 CLC (AD)
....But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ...... The facts revealed in the leave petition, in short, are that the on 06.02.1984 one Shukur Ali, brother of Sabdar Ali P.W.1 along with his cousin Moslem (P.W.11) were cleaning weed from their land and after completing the work while they were returning there from at about 2/2. 30 P.M. reach......of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ......But the courts below did not consider this vital aspect of the prosecution case. Petitioners are directed to prepare the paper book out of court in accordance with rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
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