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Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)
....s have become time-barred and many legal proceedings have been disposed of ex parte or in default of compliance with directions of the Court or Tribunals. And whereas, for the ends of justice, it is necessary to provide for the saving of limitation for all legal proceedings and for......t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ......Md. Tafazzul IslamJ Guljan Bibi and others...............Petitioners Vs. Md. Fazlu Miah and others.....Respondents Judgment August 6, 2006. Case Referred to: Nurun Nabi Mondal and others Vs. Joynal Abedin Khondkar and others, 29 DLR (SC) 137. ...... redeemable on and from 27-12-1928 but the suit was filed on September 27, 1989, Chat the Court of appeal below on misreading the evidence and misconstruing the document as well as the provision of law allowed the appeal upon setting aside the judgment and decree of the trial Court. 9. As ..Category: Property Law | Date: | Hits: 48
Abu Asad Bhuiyan and others Vs. Abu Taher Bhuiyan and others, 2006, 35 CLC (AD)
.... the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 9, 17 MLR (AD) (2012) 61. ......that although it was the case of the defendants that while the original owners expressed their intention to settle the land then Firoz Bhuiyan and Abu Sufian agreed to take settlement of the land and accordingly, from the income of the joint family salami was paid and the land in suit was taken sett......ad Bhuiyan and others.................Appellants Vs. Abu Taher Bhuiyan and others................Respondents Judgment May 16, 2006. Result: The appeal is allowed. Cases Referred to- Munsur Ali Mallik vs. Md Nurul Haque Mallik and others, 1986 BCR (AD) 56; Dudu Mia and others......ing possession of Abu Sufian "may be treated as intruder", which is inconsistent to the evidence on record and thus the High Court Division ought to have held that the Courts below committed error of law in not holding that the suit of the plaintiffs was barred under section 42 of the Specific Relie..Category: Property Law | Date: | Hits: 33
Md. Abul Fazal and another Vs. The State and another, 2007, 36 CLC (AD)
.... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ...... in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 355. ...... Nawab Ali, Advocate-on-Record-For Respondent No. 2. Not represented- Respondent No. 1. Criminal Petition for Leave to appeal No. 09 of 2006. (From the judgment and order dated the 23rd March, 2005 passed by ......, learned Advocate, appearing for the petitioner submitted that the impugned order as to payment of day to day casts to the witnesses is illegal, unreasonable and untenable in the eye of law inasmuch as the impugned direction for payment of cost does not come under the purview of Secti..Category: Criminal Law | Date: | Hits: 31
Mohammad Rashid & ors Vs. Head Master and Secretary Moheshkhali High School & Ors, 2006, 35 CLC (AD)
....the Headmaster and Secretary, Moheshkhali High School being the best persons to represent the school the judgment and order of this Division dated 2.4.1986 is liable to be reviewed for ends of justice. 4. Heard the learned counsel and also perused the content of the judgment sought to......n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ......Not represented- the Respondent. Civil Review Petition No. 69 of 2006. (From the judgment and order dated 2nd April, 2006 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1186 of 2004). Judgment &nbs......n that view of the matter we do not find any merit in this petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 337. ..Category: Property Law | Date: | Hits: 27
Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)
.... Division did not commit any error in discharging the Rule. Accordingly both the appeals are dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 324. ...... Ordinance, 86 and the amending Act 1994 are applicable to the establishments shown in the schedule of Ordinance 1986 wherein the respondent No.4 has been shown at serial No.22 and accordingly the appellant, an enterprise of the respondent No. 4, a scheduled establishment, is to ......t, rule, regulation, bye-law or other instrument, retire from employment on the completion of his 60th year; the provisions of the above Ordinance, 86 and the amending Act 1994 are applicable to the establishments shown in the schedule of Ordinance 1986 wherein the respondent No.4 has......n Ordinance 1986 providing; that worker of an enterprise shall, notwithstanding anything contained in the terms and conditions of his employment in any contract, rule, regulation, bye-law or other instrument, retire from employment on the completion of his 60th year; the provisions ..Category: Employment/Service Law | Date: | Hits: 90
Mohammad Hossain Mollah and other Vs. Md. Ishaque Mollah and another, 2006, 35 CLC (AD)
.... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ...... the High Court Division of the kind calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 318. ......ment August 22, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 709 of 2005. (From the Judgment and Order dated April 26, 2005 passed by the H......24, 2001 of the Court of Assistant Judge, Faridganj, Chandpur. The learned Assistant Judge by the aforesaid judgment decreed the suit i.e. allowed the prayer for pre-emption sought under the Muslim law. The appellate Court upon allowing the appeal sent back the suit to the trial Court for enabli..Category: Property Law | Date: | Hits: 25
Md. Babar Ali Vs. Md. Shamsul Alam and others, 2006, 35 CLC (AD)
.... no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 312. ......rother, sister and mother as her heirs; when the opposite party Nos. 2-15 proposed to sell 12¼ decimals of land, the opposite party No.1 and one Badrul Hasan agreed to purchase the same and accordingly on 12.10.1988 the opposite party Nos. 2-15 executed a bainapatra in their favour o......; Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 1268 of 2004 (From the judgment and order dated 6th July, 2004 passed by the ...... earlier then the deed dated 04.04.1995; the respondent No.1 subsequently sold the case land on 4.4.95 collusively to defeat the right of the petitioner and further the High Court Division erred in law in holding that in view of the provision of clause (a) of sub-section 11 of section 24 of ..Category: Property Law | Date: | Hits: 30
Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)
....ct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......n upon correct assessment of the materials on record and appreciation of law arrived at a correct decision. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 304. ......bsp; Civil Petition for Leave to Appeal No. 1686 of 2005. (From the judgment and order dated 20.11.2005 passed by the High...... The defendant No.2, Deputy Commissioner, contested the suit by filing a written statement contending that the (suit was not maintainable and the bazaar in question was established in violation of law and the same was therefore liable to be removed and demolished inasmuch as no hut and bazaar ar..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)
.... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. ...... and there is no cogent reason to interfere with the judgment sought to be appealed against. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 301. .........Petitioner Vs. Abdul Aziz and others……..........Respondents Judgment April 9, 2006. Lawyers Involved: A. H. M. Mushfiqur Rahman, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record -For the petitioner. ...... High Court Division but the High Court Division dismissed the revisional application summarily. 4. The learned counsel for the petitioner submits that the High Court Division erred in law in summarily rejecting the revisional application without discussing and considering ..Category: Property Law | Date: | Hits: 19
Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....Court Division due to its misconception in law in interpreting deeds has failed to interpret the kabuliyat in a proper way and has decided the fate of the case causing complete miscarriage of justice. He further submits that the High Court Division failed to consider the proved and admitted...... Chaitra 1394 B.S. and after the expiry of the aforesaid period the plaintiff has acquired permanent 'Maliki' right i.e. proprietary right upon the settled land which is heritable and transferable according to the existing law of the country and the defendants have no power, authority and j...... Lawyers Involved: Md. Abdul Hoque, Advocate instructed by Mahmuda Begum, Advocate-on-record-For the Petitioner. None represented-the Respondents. Civil Petition for Leave to Appeal No. 165 of 2005. (From the judgment and order 06.12.2004 passed by the High Court ......ears the settlement in favour of the plaintiff will automatically be converted into a permanent 'maliki' settlement but the Single Judge of the High Court Division due to its misconception in law in interpreting deeds has failed to interpret the kabuliyat in a proper way and has decided the..Category: Property Law | Date: | Hits: 25
Mosharraf Hossain and others Vs. Md. Shahid Ali, 2006, 35 CLC (AD)
....ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ......ound of the discussions made herein above we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 296. ...... Judgment April 24, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1284 of 2004. (From the Judgment and Order dated January 17, 2004 passed by th......on the view that the subject matter of the suit being a pond and as such being non-agricultural land pre-emption sought under section 96 of the State Acquisition and Tenancy Act was not tenable in law and that the pre-emptor was required to seek pre-emption under section 24 of the Non-agricultur..Category: Property Law | Date: | Hits: 23
Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
....shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......d. Abdul Matin J Golam Azim and another……………….Petitioners Vs. Bangladesh and others….......Respondents Judgment October 3, 2007. Lawyers Involved: Nawshad Zamir, Advocate (appeared with the leave of ...... Suit No. 186 of 2005 and the said suit is pending. The petitioners keeping the said suit pending has moved the High Court Division under Article 102(2) of the Constitution of Bangladesh. The law is now settled that a litigant is not permitted to move the High Court Division under writ juri..Category: Property Law | Date: | Hits: 29
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......ioners. Mahbubey Alam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-20. Not Represented - Respondent No. 21. Civil Petition for Leave to Appeal No. 950 of 2005. (From the judgment and decree dated the 4th July, 2005 passed by ......nd as such the suit is liable to dismissed with costs. 5. Mr. A J Mohammad Ali, learned Counsel, appearing for the petitioner submits that it is the well established principle of law that the plaintiff has to prove his case and in the present suit the plaintiffs having no..Category: Property Law | Date: | Hits: 24
Md. Serajul Islam Vs. Shaikh Hayet Ali and others, 2007, 36 CLC (AD)
....the plaintiff-petitioner was a year-to-year lessee in respect of the suit land and thus had no legal right to have the declaration sought for in the suit and thus there has occasioned a failure of justice by the impugned judgment and as such impugned judgment and decree deserve interference......decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 1001. ...... Nawab Ali, Advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 1572 of 2003. (From the judgment and order dated 5.5.2003 passed by the High C...... Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner submits that the learned Judge of the High Court Division most illegally dismissed the suit on an erratic view of the fact and law involved in the case stating that the plaintiff-petitioner was a year-to-year lessee in respect..Category: Property Law | Date: | Hits: 23
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ...... death certificate and the record of the Requisition Case No. 55 of 1959 at the time when the decree was passed inspite of exercise of due diligence and the petitioners have been aggrieved and accordingly allowed the application for review under Order 47 Rule 1 of the Code of Civil Procedure......d. Ruhul Amin CJ Md. Tafazzul Islam J Md. Hassan Ameen J Matiar Rahman being dead his heirs: Shahajada Hossain Mallik and others..... Appellant Vs. Assistant Custodian of Enemy Property Lands and Buildings, Bakerganj and Additional Deputy Commissioner (Revenu......ssed the decree or made the order", (rest of the provisions are not necessary for the disposal of the appeal) 16. It is seen from the aforesaid provision of the law relating to review that an application for review is entertainable from the discovery of new an..Category: Property Law | Date: | Hits: 34
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....e parties” and observed: "In such circumstances the Court’s order dated 6.6.1975 suffers from a palpable error mainly, an error of non-observance of the principle of natural justice. This was an error apparent on the face of the record. The learned Munsif acted illegally a......ce about the final decree. Order 26, rules 13 to 18 are relevant for the purpose of disposal of this appeal. Rule 13 enables the Court to issue a commission 'to make partition or separation according to right as declared in preliminary decree". Then follows rule 14(2) which stipulats...... Khondkar Mahbubuddin Ahmed, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record—For the Appellants. Ex-parte—Respondent Nos. 5 & 6. Case Referred to- Local Government Code vs. Arlidge 1915 A.C. 120 (at 138). Civil Appeal No. 85 of 1981......rder No. 29 dated 27.5.1975 fixed the date on 6.6.1975 for final objection to the pleader commissione's report "it does not appear from the original order-sheet that his order was shown to the lawyers of the parties” and observed: "In such circumstances the Court’s o..Category: Property Law | Date: | Hits: 23
G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)
.... of the aforesaid criminal case. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 268. ......its that the High Court Division committed an error of law in failing to appreciate and consider that the petition of complaint filed before the Senior Special Judge disclosed a criminal offence and accordingly the aforesaid special case was commenced against the accused including the accused respo......s Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondent No. 1. Not Represented- For Respondent No. 2. Criminal Petition for Leave to Appeal No. 149 of 2004. (From the judgment and order dated 5.5.2004 passed by the High Court D......se. Hence the present petition for leave to appeal. 3. Mr. Md. Nawab Ali, the learned Advocate-on-Record, for the complainant petitioner submits that the High Court Division committed an error of law in failing to appreciate and consider that the petition of complaint filed before the Senior Spe..Category: Anti-Corruption Laws | Date: | Hits: 81
Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ......ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ...... Haque Chowdhury, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not Represented- For the Respondents. Criminal Petition for Leave to Appeal No. 430 of 2006. (From the judgment and order dated 28.8.2006 and 29.8.2006 passed...... Haque Chowdhury. 6. In the facts and circumstances of the case, we are of the view that the High Court Division upon correct assessment of the materials on record and appreciation of law arrived at a correct decision. There is, therefore, no cogent reason to interfere with the same..Category: Criminal Law | Date: | Hits: 38
State Vs. Md. Abdur Rahim, 2007, 36 CLC (AD)
....een correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ...... have not taken any step for condonation of delay. The evidence on record found to have been correctly sifted. In the result, there being no substance in this criminal petition, the same is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 263. ......tate ………….Petitioner Vs. Md. Abdur Rahim .........Respondent Judgment April 19, 2007. Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on Record-For the Petitioner. Probir Neo......time, thereafter, Mithu was found lying in the nearby sugarcane field. The face of the deceased was mudded and neck was wrapped by sugarcane leaves. Pw.6, Habibur Rahman, brother of father-in-law of informant brought the body of Mostafa Kamal alias Mithu to the courtyard of their house. A v..Category: Criminal Law | Date: | Hits: 44
Md. Kamruzzaman alias Rentu Vs. State, 2007, 36 CLC (AD)
....ation by 15 days. Ed. This Case is also Reported in: V ADC (2008) 261. ......w any illegality in the matter of acceptance of the evidence on record by the Courts below. 7. In view of such facts and circumstances of the case, we find no merit in this petition and accordingly, the same is dismissed. More so, the present application is barred by limi......Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented- Respondent. Criminal Petition for Leave to Appeal No.322 of 2007. (From the judgment and order dated 29-01-2007 passed by the High C......Act. 6. The arguments and reasonings so assigned by the High Court Division in the matter of affirming the findings and decisions of the trial Court appear to be just and sustainable in law and the learned Advocate for the petitioner failed to show any illegality in the matter of acc..Category: Criminal Law | Date: | Hits: 45
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