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Munshi Mohammad Fazlul Haque Vs. Saleh Ahmed & others, 2007, 36 CLC (AD)
....e absolute. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 332. ....... 6. It is not disputed that the pre-emptor is co-sharer by inheritance and the pre-emption case is within time and the pre-emptee is co-sharer by purchase. 7. The High Court Division accordingly held that the co-sharer by inheritance (pre-emptor) would exclude co-sharer by purchas......un, Advocate-on-Record-For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record -For Respondent No. 1. Not represented –Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 929 of 2005. (From the judgment and order dated 15.03.2005 passed by the High ......eld that the co-sharer by inheritance (pre-emptor) would exclude co-sharer by purchase (pre-emptee). The High Court Division further held that the appellate court on misappreciation of the fact and law allowed the appeal. 8. Since the pre-emptor is a co-sharer by inheritance and the pre-em..Category: Property Law | Date: | Hits: 26
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....(2) and even without touching the evidence of a single P.Ws. and D.Ws. regarding adverse possession made the Rule absolute to the serious prejudice of the petitioner occasioning a total failure of justice; that in view of the pleadings of parties; nature and character of the present partition su......ir predecessor and that there was a complete ouster and thus the right, title and interest of the plaintiff which they alleged had acquired in the properties had been lost by adverse possession and accordingly it is found that the decision of the Sub-ordinate Judge is justified. In view of.................Petitioners Vs. Md. Hasmat Ali......................................................Respondent Judgment May 13, 2007. Case Referred to- Malik Din Vs. Mohammad Aslam, 21 DLR (SC) 94. Lawyers Involved: Md. Aftab......ary Sheikh who transferred the entire land by an oral gift in favour of Sonajan. Madary Sheikh has no male issue. Sonajan was married to Jinnat Sheikh and the later was taken as domesticated son-in-law. During C.S. operation the suit land was recorded in the name of Madary Sheikh but in the poss..Category: Property Law | Date: | Hits: 41
Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....bsolute duly considered the above submissions of the parties and arrived at a finding that the District Judge committed an error of law resulting in an error in the decision occasioning failure of justice in passing its judgment. Accordingly the High Court Division assigning cogent reasons made ......of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ...... J Amirul Kabir Chowdhury J Most. Nurun Nahar Begum................................Pre-emptee-Petitioner Vs. M. Abu Mohammad and others............................Pre-emptor-Respondents Judgment March 18, 2007. Lawyers Involved: Md. Aftab Ho....... It appears that the High Court Division while making the Rule absolute duly considered the above submissions of the parties and arrived at a finding that the District Judge committed an error of law resulting in an error in the decision occasioning failure of justice in passing its judgment. A..Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ...... 3. The case of the defendant is that the suit property belonged to Md. Ershad Ali Chowdhury and others under whom Kota Ullah and Kozai Ullah were tenants and the record of right was prepared accordingly. One Abdus Salam Chowdhury purchased a moiety share of the Suit Plot No. 1006 by a regi...... S. H. Md. Nurul Huda Zaigirdar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 874 of 2006. (From the judgment and order dated 19.04.2006 passed ......y and others in their maliki right and one Kota Ullah was a joteder in respect of the suit property and other properties. Subsequently, Kota Ullah became tenant under the Government by operation of law and he sold 0.06 acre out of the Suit Plot No.1006 to one Abdul Mannan Chowdhury by a registere..Category: Property Law | Date: | Hits: 30
State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)
.... there is no cogent reason to interfere with the impugned judgment. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 280. ......eceased Shah Alam @ Babul after receiving injuries in vital parts of his body was quite fit to make a dying declaration. 9. The High Court Division further held that the place of occurrence according to prosecution was a dark Beel (field) and in absence of means of recognition it was not ...... 357 of 2006). Md. Ishaque...................Respondent (In Criminal Petition No. 358 of 2006). Judgment August 19, 2007. Lawyers Involved: Abdur Rouf, Deputy Attorney General, instructed by Ibrahim Khalil, Advocate-on-Record- For the Petitioners (In all the c......on “on a meticulous survey of evidences, browsing materials on record and rummaging fact and circumstances of the case and embarking a research on acceptability of Dying Declaration and also law engrafted in Section 302 and 34 of the Penal Code” concluded that that the prosecution ha..Category: Criminal Law | Date: | Hits: 36
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......he Artha Rin Adalat Ain, 2003 the suit cannot be transferred. In view of the above, the submissions of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 26......and another..............Petitioners Vs. The Learned Judge, Artha Rin Adalat and others...................... Respondents Judgment August 2, 2007. Case Referred to- Bangladesh House Building finance Corporation Vs. Jahanara Akter and others, 49 DLR (AD)......Rin Adalat Ain, 2003 and, as such, the impugned execution proceedings being Money Execution Case No. 84 of 2003 renumbered from Money Execution No. 20 of 2001 is without jurisdiction, without any lawful authority and is of no legal effect; that the learned Judge, Artha Rin Adalat No. 1, Nilpham..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity 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: 13 MLR (AD) (2008) 262. ......se stating that an industry was set up in the suit plot and the same was running but on a survey conducted it was detected that the respondent No.1 did not set tip any industry in the suit plot and accordingly the lease was cancelled by Memo dated 12.10.1994 and then on the basis of the de......s Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 930 of 2004. (From the judgment and order dated 22.3.2004 passed by the ......on and after hearing the High Court Division on allowing the appeal decreed the suit. 6. The learned counsel for the defendant No.7/petitioner submitted that the High Court Division erred in law in granting declaratory decree simplicitor when the respondent No.1, in the facts and circumst..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
.... findings on surmise, conjectures and extraneous circumstances for which the findings are liable, to be struck down; that the High Court Division committed a grave error of law occasioning failure of justice in not holding to the effect that the appellate Court below on misreading and on misinterpre......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......6, 19 BLT (AD) (2011) 12. ......gh Court Division based its findings on surmise, conjectures and extraneous circumstances for which the findings are liable, to be struck down; that the High Court Division committed a grave error of law occasioning failure of justice in not holding to the effect that the appellate Court below on mi..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ...... Zainul Abedin, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Respondent No. 1. None represented- Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 478 of 2007. (From the judgment and order dated the 14th February, 2007 passed......site amount of money before filing appeal based on the amount of the decree which must mean that the order or the decree appealed against must arise out of the suit and it is a settled principle of law that an execution proceeding is not a suit; that Section 26 of the Artha Rin Adalat Ain applie..Category: Business or Commercial Law | Date: | Hits: 82
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....02 confer unbridled and arbitrary power upon the Government to transfer case to Druto Bichar Tribunal under the said Act without recording any reason and without adhering to the principles of natural justice and there is no guideline in the Act, as to when and under what circumstances, this power ......tition No. 5951 of 2003. 7. Besides these appeals, subject matter of respective civil petitions of all other cases have been taken up together as the reasons involved therein are similar and accordingly, are taken up for hearing together and disposed of by this single judgment. 8. ......ed. The Constitution of the People’s Republic of Bangladesh 1972, Article 35(3) The Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for...... speedy trial. The Act puts emphasis on offence(s) specified therein but not on any particular accused and, therefore, does not offend an under-trial prisoner’s fundamental right of equality before law or equal protection of law, rather it ensures his right to speedy trial under Article 35(4) of t..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......No. 33342 in Class 29 on 25th August, 1991. The Registrar of Trade Marks being satisfied about the right of property involved in the trade mark ordered the same to be advertised in the journal and accordingly, the trade mark was so advertised. As there was none who had any right, title and inter......Bonlac Foods Limited and another..................Respondents Judgment July 15, 2008. The Trade Mark Act, 1940, sections 8, 24 and 46 The appellant having entered into the User Agreement with the Respondents and having full knowledge of the ownership of trademark ......Ltd. was clearly mentioned as the 'Owner’ of the trade mark 'Diploma' and the appellant was clearly mentioned as the 'User' of the said mark. Therefore, it is crystal clear that in the eye of law the appellant Unilac Sanowara (Bangladesh) Limited was not the owner of the trade mark 'Diplom..Category: Intellectual Property Law | Date: | Hits: 245
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ending proceedings which means the Ain is still in force in respect of pending proceedings under the said Act and the learned Third Judge by the impugned judgment and order caused grave injustice to the appellants as the Rules have been discharged although the Rules have not become infr......udgment by the learned Third Judge as per provision of law and practice and procedure of this Court and in the light of the observations made in the body of the judgment. The appeal is accordingly, allowed. The matter is sent back to the High Court Division for hearing and disposal b......59 of 2002). Abdul Wadud Bhuiyan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record — For the Petitioner (In Civil Petition No. 420 of 2003) MA Azim, Deputy Attorney-General, instructed by Ibrahim Khalil, Advocate-on-Record — For Respondent Nos. 1-6 (I......under the Public Safety Act and the police was trying to secure their arrest. Thereafter, the writ petitioner-appellants somehow procured the contents of the first information report through a lawyer, subject matter of first information report in Bhaluka Police Station Case No.1 dated 3-6-2..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......case, the High Court Division found that the termination was done arbitrarily without any application of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......ulation 55 (2) of the BADC Service Regulations, 1990 allowing termination of service requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the instant case, not even the minimum requirement of law was complied...... requires either issuance of a notice in advance for a period of three months or payment of salary for three months to the concerned employee. In the instant case, not even the minimum requirement of law was complied with. Moreover, the service of the petitioners was terminated in a lump in four off..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....o, 33 of 2007 started against the respondent under sections 165 and 166 of the Income Tax Ordinance, 1984 without lawful authority and of no legal effect and also quashing the same for the ends of justice, 2. The respondent filed the aforesaid writ petition stating that he was a regular......ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ...... Judgment May 20, 2008. Result: The appeal is allowed. Income Tax Ordinance 1984, ss. 93 and 128, 165 and 166 Failure to initiate proceeding for assessment or the pendency of assessment proceeding cannot operate as a ......the entire proceedings in Special Case No. 6 of 2007 arising out of Complaint Case No, 33 of 2007 started against the respondent under sections 165 and 166 of the Income Tax Ordinance, 1984 without lawful authority and of no legal effect and also quashing the same for the ends of justice, ..Category: Fiscal/Taxation Law | Date: | Hits: 97
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
.... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ...... is restored to its file and number and the same be disposed of expeditiously. Ed. This Case is also Reported in: 4 LG (2007) AD 245; (XVI) BLT (AD) 21. ......udgment and order dated 2-11-2000 of a Single Bench of the High Court Division passed in Civil Revision No. 10067 of 1991 rejecting the application filed by the plaintiff/appellants praying for restoration of the Civil Revision No. 10067 of 1991 to its file and number. 2. The plaintiffs ......1988 before the High Court Division, Bench at Sylhet, which on transfer to Dhaka was renumbered as Civil Revision No. 10067 of 1991. Mr. Jitendra Narayan Deb, Advocate (since deceased) was the sole lawyer for the plaintiffs before the High Court Division. On 17-08-2000 the above Civil Revision No..Category: Civil Law | Date: | Hits: 99
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
....action. The above appeal and the civil petition of leave to appeal are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 4LG (2007) AD 239. ......a private forest nor a waste land. Hence the taking over control and management of the suit land under the Private Forests Act, 1945 and also under the Forests Act 1927 was illegal. The plaintiffs accordingly made a representation to the Ministry of Forest on August 9, 1990 to return the suit la......3) Md. Nazibar Rahman Talukder and others........Respondents (In Civil Petition No. 645 of 2001) Judgment April 4, 2007. Lawyers Involved: Zoynul Abedin, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record - For the Appellants. (In Civil Appeal......1999 and Appeal From Original Decree No. 533 of 1991.) Judgment Md. Joynul Abedin J.- Since the above appeal and civil petition for leave to appeal involve similar question of fact and law, they are disposed of by this single judgment. 2. This appeal by leave by the defendant..Category: Property Law | Date: | Hits: 23
Tara Mia and another Vs. Babru Mia and others, 2007, 36 CLC (AD)
....l having no merits is therefore is liable to be dismissed. The Appeal is thus dismissed. The parties do bear their own costs. Ed. This Case is also Reported in: 4 LG (2007) AD 231. ......session with defendant Nos. 6 to 13 and that Ustari Bibi widow of Aslam died leaving daughters defendant Nos. 6-7 and full brothers defendant Nos. 8-13 and full sister aforesaid Tayeb Bibi and accordingly defendant Nos. 6-7 got from their mother 10 3/5 gandas share and brother defendant Nos......entioned discharged the rule. 3. The plaintiff respondent instituted the aforesaid title suit of declaration of title and partition stating, inter alia, that the suit and belonged to one Md. Hekim, predecessor of defendant Nos. 1-13, who died leaving behind two sons Md. Aslam an......the clean title of the plaintiff and hence was the suit. 4. The defendant Nos. 14 and 16 contested that suit filing joint written statement contending, inter alia, that the suit is barred by law and not property valued and stamped as there is prayer for both declaration of title and partit..Category: Property Law | Date: | Hits: 26
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....se of inherent powers we direct the Special Tribunal No. 1 Laxmipur to transmit the case record to the learned Magistrate Cognizance Court for taking necessary action in the matter for ends of justice. We direct the learned Magistrate Cognizance Court Laxmipur to peruse the record of the ca......error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......e State…...............................Appellant Vs. Nur Husain alias Hiron……........... Respondent Judgment August 17, 2006. Cases Referred to: 9 BLC (HCD) 668; 54 DLR 98; 15 BLD (HCD) 477; 44 DLR (AD) 95; 49 DLR (AD) 130 and 175; ......o. 42 of 2001 of the Special Tribunal No. 1 of Laxmipur). The appeal is as regard the order which runs as:- “The trial of the petitioner under Section 25A is not legally sustainable in law but if a Rule is issued on this application there will be further delay in the disposal of the..Category: Criminal Law | Date: | Hits: 38
Anti Corruption Commission Vs. Syed Tanveer Ahmed and another, 2008, 37 CLC (AD)
....xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ....... The writ-petitioner No.1 alleged that he has suffered head injury in an incident while saving the life of a worker being hurt with a shaft of a container resulting in blood clog in his brain and accordingly, suffering from 'Sub Dufal riaemmorrhage' causing brain disorder and resulting in impai......petitioner. Rafique-ul-Huq, Senior Advocate, Ahsanul Karim Advocate with him, instructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Respondents. Civil Petition for Leave to Appeal No. 1804 of 2007 (From the Order dated 13th November, 2007 passed by the High Cour......ccepting the bail bonds and the accused have been released from the jail custody on 05.11.2007. 6. The learned Counsel appearing for the petitioner submitted that in view of the provision of law, the accused are required to be re-arrested if they have already been released from custody. ..Category: Others | Date: | Hits: 84
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ....../disinterest inasmuch as have got no enmity with the accused-respondent. 15. For the reason stated above, we are constrained to hold that the impugned judgment is not sustainable in law and accordingly the appeal is allowed. The judgment and order of the High Court Division is set aside a...... Md. Hassan Ameen J The State..............................Appellant Vs. Liaquat Hossain @ Liaqut.........Respondent Judgment August 2, 2007. Case Referred to- Abu Taher and others vs. Shrifa Begum and others, 15 BLD (1995) (AD) 91. Lawyers ......, inter alia, that no arms and ammunitions were recovered from his possession and out of political enmity he has been falsely implicated in the case. 5. Under the aforesaid Sections of law the charge was framed and same was read over to the accused on dock to which he pleaded not gui..Category: Criminal Law | Date: | Hits: 24
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