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Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....n pattan by one Abdur Rahman, the predecessor of the plaintiff respondents, from the land Lord on the basis of a dakhila at a Jama of Tk. 66 and 7 annas in the year 1353 B.S. and since then he was in possession of the suit land, after his death the plaintiff-respondents have been possessing the suit......nt in Other Suit No. 60 of 1981 in the Court of the Subordinate Judge, Rangpur at whose instance this appeal has been preferred. 2. The plaintiff respondents case is that an area of 92.28 acres of lands out of 105.50 acres including the suit land of C.S. Plot No.1 of C.S. Khatian No. 7 was taken ......ct Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......puty Attorney General submits, inter-alia, that the learned Additional District Judge being last court of fact decided the point of limitation in favour of the appellant condoning the delay and the question being a mixed question of fact and law, the High Court Division committed error of law in r..Category: Limitation Law | Date: | Hits: 156
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
....reatment considering the seriousness of their injuries and that the police arrested the accused Nos. 3, 5, 8, 26, 27 and 28 on the spot from the place of occurrence with unauthorised arms in their possession and another case under Arms Act was started and that the present case being investigated......ion, in short, are that one Md. Mojibur Rahman lodged First Information Report against the petitioner and others alleging, inter alia, that they had enmity with the petitioner and others regarding landed property. On 08.12.2001 the petitioner and others formed themselves into unlawful assembly b......not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ...... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 47
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ...... aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......s, the 13th paper namely the Administrative Law. In that state of the matter he filed an application before the Vice Chancellor of the University on 24.10.2000, (the examination of LL.B (Hon's) in question was held in 2000) with the prayer for re-examination of his answer script of the 13th pape..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
.... dated February 24, 1994 of the Court of Senior Assistant Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declarati......Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void ......here is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......and the judgment in the appeal therefrom were considered as the fact relevant being the judgment inter parties i.e. plaintiff and the defendant No.1 and also in connection with consideration of the question of possession of the plaintiff and the defendant No.1 in the land in suit. The learned Co..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......rned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......rejecting them as insufficient. It merely observed that the accused could not be found guilty of a charge of murder merely on the ground of their conduct subsequent to the occurrence. The right question the High Court Division was required to ask itself was, whether the circumstances proved ..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......accused No.1 is residing abroad and 4/5 months ago he came from abroad and made the conspiracy. It was stated in the petition of complaint that the complainant's husband died 2/3 years ago and the lands mentioned in the petition of complaint belonged to her and she was possessing the same and th......atisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ...... 8. We have considered the submissions made by the learned Advocate-on-Record and perused the impugned judgment of the High Court Division. It appears that admittedly the certified copy of deed in question was produced before Settlement Officer but when there is an allegation of forgery, whethe..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ...... (3) A penalty imposed by an order under sub-section (2) shall, if it is not paid within the time specified in the order, be recoverable as an arrear of land revenue. (4) The Government may, upon an application made in this behalf by any per......ourt. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 95
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
..... The learned Munsif allotted specific sahams to the plaintiffs and some of the defendants on 24.4.1988; the respondent Nos.1-9 filed an application for execution of the said decree in order to get possession of their respective sahams as allotted by the learned Munsif, in preliminary decree. Th......n with the defendants managed to get the instant fraudulent preliminary decree behind the back of the petitioners and thereafter the same was made final inasmuch as they have got the shares in the land under partition. As the petitioners challenging the said decree instituted Title Suit No.483 o......d Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....y the executants are competent persons to claim whether they received consideration or not. We find from the judgment passed in the appeal and in the Civil Revision that the plaintiffs proved their possession in the suit land for a long period. The appellate court discussed the evidence elaborat......discharging the Rule and affirming the judgment and decree of the appellate court. 3. Plaintiff-respondents filed Title Suit No. 106 of 1975 for declaration of their title in the suit land measuring 13.79 acres. The plaintiffs claimed that heirs of original owners sold the suit land...... judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......original owners sold the suit land by a registered kabala in favour of Chapala Bala on 9.5.1927 but the defendants have claimed that no consideration was passed. The defendants are not competent to question whether consideration passed or not, only the executants are competent persons to claim wh..Category: Procedural Law | Date: | Hits: 113
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
......r. As against that Binode Behari Dutta moved the High Court Division and obtained Rule in the above Civil Revision No. 4654 of 1998.
5. Before the High Court Division, in all the Rules, common question arose as to whether the power of attorney dated 9.7.1998 executed by Binode Behari Dutta in..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......rs of retirement in respect of the Respondents were passed by the government in the Ministry of Civil Aviation and Tourism and because of that order of retirement was found valid. 14. The question whether a Corporation or a Statutory body having provision in their service rules / Regula..Category: Employment/Service Law | Date: | Hits: 79
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......al Judge, and Special Judge, Kishoreganj. 2. The prosecution case, in short, is that while the accused appellant, Md Alauddin Bhuiyan had been working as Nazir of Tarail Upazila Revenue Office (AC land's office) in the year of 1987, he received lease money from the different lease holders and auc......In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....e an administrative inquiry conducted for the purpose of maintaining an upto date record of rights for the state and to ascertain from among several claimants the genuine claimant, who can be given possession of the immovable property in dispute. In sum, its inquiry report lacks finality and autho......t filed by the complainant-respondent No.1 Abdur Rahim Sheikh before the Court of Magistrate, 1st Class, Tangail on December 31, 1994 alleging, inter alia, that he, his brothers and sisters inherited land measuring 4.59 acres and enjoying the said land on payment of rent, that the opposite parties i......ade hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......nion of authors on the subject makes it clear that a Court must be entrusted with judicial functions. A judicial decision presupposes an existing dispute between the parties and if the dispute is a question of fact, the ascertainment of the fact by means of evidence adduced by them to the dispute ..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ision. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......arly there must be other evidence. The confession is only one element in the consideration of all facts proved in the case; it can be put into the scale and weighed with other evidence". 22. The question of weighing of confessional statement of a co-accused tried jointly with some other accus..Category: Criminal Law | Date: | Hits: 63
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....these days, months invariably, years too, to get a document registered under section 60 after presentation. Just when the pre-emptee is secure in his belief that he can relax with his ownership and possession of purchased land, arrives the notice of a pre-emption case as a rude awakening. Surely, ......s such the question of bar of limitation did not arise. The lower appellant Court also held so. 7. Mr. Asrarul Hossain, learned Counsel for the appellant, submits that a "transfer" of pre-emptable land, effected by a registered document is to take effect under section 47 of the Registration Act a......ation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......a, resisted by the pre-emptee appellant on the ground, inter alia, of limitation. The trial Court allowed pre-emption, but the lower appellate Court refused pre-emption. Both the Courts held that the question of limitation did not arise. In revision a learned Single Judge of the High Court Division,..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......de without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......ul Haider Chowdhury CJ.- This appeal by Special leave is directed against the judgment and order passed by a single Judge of the High Court Division in Civil Revision No.402 of 1988. 2. The moot question in this appeal is whether the respondent being engaged in one on-going project of the Upa..Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......necessary fixtures; that he supplied good food to his customers; that he was not a defaulter; that the Managing Director of the Company wanted to start the canteen-business himself; that when the landlord attempted lo evict him forcibly he instituted a title suit and obtained an order of injun......ppeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ...... trial court decreed the suit on the ground of bona fide requirements however the appellate court upheld the decree not on bona fide requirements but on the ground of default and did not consider the question of bona fide requirement. So the findings in this regard cannot be termed as concurrent, ev..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......its agreement the Sangstha may sell or realise the property, etc. to secure its liability to the Sangstha. Section 35 provides that such sum due to the Sangstha shall be recoverable as arrears of land revenue but such sum shall not be recovered unless fifteen days' notice has first been given by......hout any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......rted from 31st March, 1987 and end by four equal instalments on 31st March, 1990 but the respondent No.1 defaulted in paying the first and 2nd instalments which were due from 31.3.87 and 31.3.88. The question was, whether the High Court Division was correct that the repayment of the loan means repay..Category: Election Law | Date: | Hits: 124
Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)
....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ...... This case is also reported in: 42 DLR (AD) (1990) 112. ......ppeal before the Income Tax Appellate Tribunal which was also dismissed. An application under section 66 (1) of the Income Tax Act was preferred before the High Court Division for its decision on the question raised. The High Court Division by its order dated 1-9-80 rejected the application holdin..Category: Fiscal/Taxation Law | Date: | Hits: 80
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......Comilla Bench, were right in holding that the amendment of the petition sought by the pre-emptor-petitioner making a new claim for pre-emption on the basis of contiguous ownership of the disputed lands would prejudicially affect the respondent as it would alter the nature and character of the ...... aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......I of 1951), section 96 The Code of Civil Procedure, 1908 (V of 1908) Order VI, rule 17 Order 6, rule 17 of the Code of Civil Procedure provides for allowing amendment "for determining the real question in controversy between the parties." In this case the amendment will be within time, inasmu..Category: Procedural Law | Date: | Hits: 84
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