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Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....empt the whole of the land transferred on the basis of 'contiguity' within the meaning of Section 96 of the State Acquisition and Tenancy Act." 6. The High Court Division observing the facts and circumstances of the case and materials on record viewed that "the Court of appeal b......te Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Mosa. Rabeya Khatun................Petitioner Vs. Md. Afzal Hossain Prang. and others……………..........Respondents Judgment Sep......dismissed. 4. Mr. Mohammad Nawab Ali, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in failing to discuss and consider the evidence of P.W. 1 who himself admitted the fact that out of four plots of the land under pre-empt..Category: Property Law | Date: | Hits: 21
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....his name i.e. Md. Amanullah's name i.e. predecessor of the plaintiffs. 4. The suit was contested by the defendant Nos. 1 and 2 by filing separate sets of written statement, stating the facts more or less common. 5. It was the case of the defendants that the suit as framed is n...... Present: Md. Ruhul Amin M.M. Ruhul Amin Md. Tafazzul Islam J Rajdhani Unnayan Kartripakkha (RAJUK)………Petitioner Vs. Iqbal Ahmed and others .........Respondents Judgment August 28, 2006. Lawyers Involved: ......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ..Category: Property Law | Date: | Hits: 30
Bangladesh Bank and another Vs. Administrative AppellÂate Tribunal, 1991, 20 CLC (AD)
....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......ellate Division (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and another................... Petitioners. Vs. The Administrative Appell......where there is some substantial question of law of public importance which serves to be decided by this Court, where grave miscarriage of justice has resulted from illegality or from misreading of evidence or from excluding or illegally admitting material evidence or when a person has been dealt..Category: Administrative Law | Date: | Hits: 180
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......ecreed ex parte. It was also the contention of the plaintiff-opposite parties that by the ex parte decree defendants had not suffered any loss or injury. 7. The trial Court on consideration of the evidence of PWs 1-3 arrived at the finding that the defendant petitioners were fully aware of the da..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
....ition for leave to Appeal No.1243 of 1998 preferred by the appellant against the judgment and order dated 20th May, 1998 passed by the High Court Division in Writ Petition No. 6028 of 1997. 2. The facts relevant for disposal of the appeal are that the writ-petitioner-respondent was the Chief Engi...... Result: The appeal is allowed. The Constitution of Bangladesh, 1972, Article 49 President's prerogative of mercy Article 49 of the Constitution gives the widest power to the President and no word of limitation can be indicated in the said Article and the order so passed by the Presid...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..Category: Criminal Law | Date: | Hits: 37
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....peal by leave is directed against the judgment and order dated 31-8-1997 passed by a Division Bench of the High Court Division in Writ Petition No. 1804 of 1994 making the Rule absolute. 2. Short facts are that the writ petitioner-respondent Nos. 1 and 2 filed the writ petition challenging the o......upreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Land and others.....Appellants Vs. Samondra Narayan Mahajan & another............Responde......thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
.... being No. 17 of 1987 (Kha 14,Lalmatia, Mohammadpur) seeking release of the property before the Court of Settlement as per provision of section 7 of the Ordinance No. 54 of 1985 averring the facts as stated hereinabove. 5. The appellant No. 1 contested the case before the Court of .............. Appellants Vs. Abdul Wahed Talukder ...........Respondent Judgment July 3, 2005. Cases Referred to- CQMH Md. Ayub Ali vs. Bangladesh and others, 47 DLR (AD) 71; Government of Bangladesh vs. Md Jalil and others, 49 DLR (AD) 26; Ayes......yer was present. The Court of Settlement dismissed the case on the finding "From the papers submitted before us by the parries and in the absence of original agreement for sale and that other evidence on the point it is difficult for us to appreciate the case of the petitioner." ..Category: Property Law | Date: | Hits: 32
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....ade without lawful authority and of no legal effect. 7. The learned Counsel for the petitioner, Export Promotion Bureau, urged before us that the writ petition involved disputed question of facts for which no writ lay; secondly, the order of the Government upon which the impugned Notifica.......Petitioner Government of Bangladesh………………………………….Petitioner Vs. Acqua Foods Limited and others……………………………Re......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ..Category: Business or Commercial Law | Date: | Hits: 89
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
.... Deputy Commissioner, Mymensingh preferred this appeal against the judgment and order dated 7-7-2003 passed by the High Court Division in First Appeal No. 456 of 2000 dismissing the appeal. 2. The facts leading to the appeal are that the appellant as the plaintiff instituted Other Class Suit No.1......udgment July 4, 2005. Result: The appeal is dismissed Lawyers Involved: Fida M Kamal, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the......er any wrong nor any fraud as alleged but the Deputy Commissioner most  illegally cancelled the valid lease and the suit was filed malafide and prayed for dismissal of the suit. 4. Upon recording evidence and hearing the parties the learned Subordinate Judge dismissed the suit, against which the..Category: Property Law | Date: | Hits: 41
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......ion (Civil) Present: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Badal Chandra Das and others.....................Appellants Vs. Amena Khatun……&h...... "Mr. AJ Mohammad Ali, the learned Counsel appearing for the petitioners, submitted that the plaint case being that the defendant was a permissive possessor under him but there being no evidence led to prove the same, the High Court Division erred in affirming the decree passed by th..Category: Property Law | Date: | Hits: 25
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....other hand. Thereupon, Abdul Kader and his brother purchased 12 annas share of the entire Kayem Karsha from the said Baser Sarder in the benami of Abdul Sheikh and Munar Khan by suppression of the facts of Mirash Ijara to Khalilur Rahman and others. And the plaintiffs' predecessor Khalilur Rahma...... M.A. Aziz J Abul Kashem Howlader & ors……………………………..Petitioners Vs. Md. Kashem Ali Khan and others.............Respondents Judgment February 16, 2005. Lawyers Involved......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ..Category: Property Law | Date: | Hits: 102
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....Division misapplied the principle of law decided in the case of Bikash Ranjan Das vs. the Chairman, 2nd Labour Court, Dhaka and others, 29 DLR (SC) 280 which has no manner of application in the facts of the present case." 7. The domestic inquiry was held and the respondent No.......asan J Mohammad Fazlul Haque J Chittagong Jute Manufacturing Co. Ltd……………….Appellant Vs. Chairman 1st Labour Court, Chittagong and others.........Respondents Judgment January 27, 2003. Cases Referred To- ......." "The learned Advocate submits that the domestic inquiry was held properly and fairly wherein the witnesses were examined and cross-examined and respondent No.2 signed memorandum of evidence himself and did not raise any objection against the enquiry committee and, as such, the ..Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....ment and order dated 21-11-2007 passed by the High Court Division in Writ Petition No. 6854 of 2007 making the Rule absolute was ordered to be heard along with CP Nos. 53,183, 17 and 94 of 2008 since facts are more or less similar and the question of law involved common. 2. The facts, in short, a...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission and others.............Appellants-Petitioners (In all cases) Vs. Sheikh Hasina Wazed………â......sources of her income does not offend her right guaranteed under Article 35(4) of the Constitution as the notice did not suggest that she was made an accused in any criminal case or compelled to give evidence against her.………(41 and 42) Cases Referred to- Mustafizur Rahman vs. DG, Anti-Co..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J Most. Bulbul Begum……………………….....Appellant Vs. Mohammad Sanwar Belal and another.........Respondents Judgment March 30, 2003. Cases Referred To- 40 DLR (AD) ......ot within commercial area and the question of construction of a residential building is a malafide plea taken for evicting them. 4. The trial Court on detailed discussions and consideration of the evidence of the parties decreed in the suit upon arriving at the findings that the notice served und..Category: Tenancy Law | Date: | Hits: 169
Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)
.... appeal by leave is directed against the judgment and order dated 21.01.1997 passed by a Division Bench of the High Court in writ Petition No. 488 of 1994 making the Rule absolute. 2. Short facts are that the writ petitioner filed the writ petition stating, inter alia, that he is a citiz...... Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represent the Secretary, Ministry of Works and others…………....Appellants Vs. Ali Akber Ansari…&......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
.... 1991 registered under 9 Rule 13 read with Section 151 of the Code of Civil Procedure. The Miscellaneous case was filed seeking setting aside of the ex parte decree dated 12.12.1984. 2. Short facts are that the respondents predecessor filed Title Suit No. 208 of 1984 in the 1st Court of Sub......-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42, AFM Naziruddin Vs. Hameed......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....e common judgment and order dated 09.02.2003 passed by a Single Bench of the High Court Division in Civil Revision Nos. 2218, 2219 & 2220 of 1991 making all the Rules absolute. 2. Shorts facts are that the pre-emptor instituted pre-emption Miscellaneous Case No. 5 of 1986 subsequently ..........Respondents (In all the cases) Judgment July 30, 2005. Lawyers Involved: Md. Aftab Hossain Advocate-on-Record-For the Petitioners (In all the cases) Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 1 (In all the cases) Not represented- Fo......sp; Tenancy Act was served upon the original pre-emptor, Shusil Kumar Ghosh at the time of making transfer of the case land to the stranger purchaser, the pre-emptee and there is no positive evidence from the side of the pre-emptee to establish that the pre-emptor No.1 had any knowledge of..Category: Property Law | Date: | Hits: 25
Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)
....ave to appeal is directed against the judgment and order dated 04.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 899 of 1998 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 272 of 1987 in the court of Senior Assistan...... 14 BLT (AD) (2006) 66. ......of fact and the High Court Division held that the Ext.6=Ext. Kha was duly executed by Somorthaban Bibi and it is a valid document. 9. Dr. M. Zahir then submits that D.W. 4 Helaluddin in his evidence stated that the plaintiff has been in possession of .07 decimals of land in the homestead ..Category: Property Law | Date: | Hits: 25
Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)
....8 of 2003 and Jail Appeal No.842 of 2003) holding that although the whole case was placed before him, he will confine the hearing only on the aspect of sentence and not on conviction. 2. The facts of the case need not be stated. 3. It appears that by the impugned order the 3rd Judge......June 15, 2008. Lawyers Involved: Abdul Malek, Senior Advocate (Anisul Huq, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant Md. Ali Akand, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record- For the Respondent&nbs...... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 52
Shahar Ali and others Vs. State, 2008, 37 CLC (AD)
....e and he is directed to be set at liberty at once if not connected with any other case and the conviction of accused Shamsuddin is maintained. Ed. This Case is also Reported in: ...... Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Shahar Ali and others............Appellants Vs. The State.............................Respondent ...... the post mortem report has submitted that there is nothing in the post mortem report about marks of any burn injury on the body of the deceased. 3. The learned Counsel upon referring to the evidences of P.Ws.1-4 has submitted that these witnesses did not say that victim was called from hi..Category: Civil Law | Date: | Hits: 87
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