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Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....days. 16. According to Mr. Khan in any view of the matter the appeal being filed in time cannot be thrown away in limini and the legislature in its wisdom also did not intend it and so unlike the provision of section 7 of the Ain of 1990 the words “আপীল কার্যার্থে ......nter alia, that the High Court Division committed error in admitting the appeal when the respondents did not deposit 50% of the decretal amount within the period of limitation as prescribed under the law and the deposit so made after the statutory period is not deposit in the eye of law. 4. Ther..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
.... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ......arned Advocate for the appellants and held that in the facts of the present case, the delay was sufficiently explained. 9. We are of the view that the trial court committed serious error of law while considering the confessional statements of two accused persons terming them as exculpator..Category: Criminal Law | Date: | Hits: 61
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....rdinance, is to adjudicate whether the building is an abandoned property and same has vested in the Government as such or that the petitioners purchase of the property has not been affected by the provision of Presidents Order No.16 of 1972. Admittedly, the property has been listed as an ......ated on the eastern side of the plot is used for the residence of two General Managers of the petitioner, one in the ground floor and the other in the first floor; while the petitioner was thus in lawful possession of the above plot as well as the buildings, Notification dated 28.4.1986 containi..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ord and the possession of the respondent No. 6 in the case land since 1949 directed the A.D.C. (Revenue), Barisal to consider the settlement petition of the respondent No. 6 in accordance with the provisions of law and rules. 5. After complying with the necessary formalities the Additiona......ossession of the respondent No. 6 in the case land since 1949 directed the A.D.C. (Revenue), Barisal to consider the settlement petition of the respondent No. 6 in accordance with the provisions of law and rules. 5. After complying with the necessary formalities the Additional Deputy Commi..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......rection for handing over possession by Abdur Rab cannot be taken any exception. The impugned judgment and decree declaring the title of Rabiul Awal in the suit property however cannot be sustained in law which no doubt occasioned failure of justice and accordingly Civil Revision No.1931 of 2000 is m..Category: Tenancy Law | Date: | Hits: 180
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
.... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ......ticulars of the heirs of the deceased defendant No. 3. 5. It was contended before the High Court Division that the suit having been filed against the dead person, is a nullity in the eye of law and consequent thereupon as no suit lies against the defendant No. 3 the direction given by the..Category: Civil Law | Date: | Hits: 105
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......ter the pre-emptor declined to purchase the same is not tenable being incorrect. The learned Advocate further submits that the lower appellate court and the High Court Division in revision erred in law in taking the view that the conduct of the pre-emptor in declining to purchase the case land wh..Category: Property Law | Date: | Hits: 32
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ...... 406/420 of the Penal Code. The case was ultimately ripe for trial. The trying Magistrate framed charge against the accused under Section 406/420 of the Penal Code and held trial in accordance with law. 3. The prosecution examined 5 witnesses before the trial Court. The trial Court on cons..Category: Criminal Law | Date: | Hits: 42
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....rther case is that initiation of the instant L.A. Case for acquisition of the land of the petitioner is absolutely illegal and violative of her fundamental rights of worship and is contrary to the provision of Acquisition and Requisition of Immovable Property Ordinance, 1982 and in the af......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..Category: Property Law | Date: | Hits: 31
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ...... the appellant-petitioner by the respondent No.2 dated 28.05.1973 but the said lease was illegally cancelled by the respondent No.3 dated 05.07.1995, as such the said cancellation is without lawful authority, therefore, the judgment and order is liable to be set aside; that the High Court..Category: Property Law | Date: | Hits: 50
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
.... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ......ied copy of the judgment and order on 18.02.2007.Upon such miscalculation and non application of judicial mind the highest tribunal in the Administrative Sector committed error of law in rejecting the Memorandum of Appeal as barred by limitation which is liable to be set aside; ..Category: Administrative Law | Date: | Hits: 120
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
.... in Case No.367 of 1987 having adjudicated the question as to whether the property in question it is an abandoned property or not, without having any written complaint from the said Court under the provision of section 195(1)(c) of the Code of Criminal Procedure, the initiation of impugned proce......some land out of the above abandoned property. The High Court Division, after hearing, discharged the Rules. The learned counsel for the petitioners submitted that the High Court Division erred in law in not considering that according to the FIR, the occurrence took place from 1973-74 to 26.12.1..Category: Criminal Law | Date: | Hits: 43
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
.... filed under section 96 of the State Acquisition and Tenancy Act, 1950 and that she has already started execution proceedings in that behalf; the suit property being the homestead property, as per provision of section 6 of the Land Reforms Ordinance, 1984 is exempted from any legal proceeding in......etitioners are no longer the owner of their homestead and the High Court Division also fell in error in misconstruing the provision of Order 7 Rule 11 CPC and also in not following the principle of law enunciated in 44 DLR 414 and 51 DLR 417. 4. As it appears the High Court Division rejec..Category: Property Law | Date: | Hits: 60
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....nbsp; all reasonable doubt. 16. As regards the sentence the learned Advocate submitted that the accused has been languishing in custody about a year before the trial had commenced. Under the provision of law the accused is entitled to get the benefit of the said period to be deducted from ......sonable doubt. 16. As regards the sentence the learned Advocate submitted that the accused has been languishing in custody about a year before the trial had commenced. Under the provision of law the accused is entitled to get the benefit of the said period to be deducted from the total pe..Category: Criminal Law | Date: | Hits: 40
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......t contest the suit. 14. Be that as it may, notwithstanding the practice, even if any, prevalent in the town of Mymensingh allowing sale of possession by a tenant in favour of any person, the law does not recognize any such sale of possession and the vendee thus does not acquire any valid r..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......and sub-let the said suit premises to one Swapan Kumar and thereby the respondent was constrained to send notice under Section 106 of the Transfer Property Act by registered post with A/D through his lawyer on 20.09.1995 determining the tenancy from 1st April, 1996 and that, by that notice the defen..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ......endants claimed title in the land in suit is not genuine. The finding of possession in respect of the land in suit in favour of the plaintiff by the appellate Court is quite sustainable in the eye of law since from the reading of the evidence, as reflected in the judgment of the appellate. Court it ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... accountant of the Secretariat is Commerce graduate with Second Division but in case of the accountants of the Supreme Court of Bangladesh, the requirement is only a Commerce Graduate. But this provision is applicable only in case of direct recruitment. The post of the accountants of the Sup......nion, High Court Division was justified to lay its hand in writ jurisdiction for prevention of injury and. vindication of justice and. to protect fundamental rights of enjoying equal protection of law and equal opportunity of the writ petitioners in their employment, there being flagrant violati..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....udgment. So these three appeals were also heard together and are disposed of by this judgment which shall govern all. 3. Short facts are that the Land Acquisition Collector, Dhaka under the provisions of the Acquisition and Requisition of Immovable Property Ordinance, 1982 (Ordinance No. ......ing out of Arbitration Revision Case No.1816 of 1990 filed against the Land Acquisition Collector Award in Requisition and Acquisition Case No. 12 of 1987-88. 2. Common questions of facts and law being involved the writ petitions were disposed of by one judgment. So these three appeals wer..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....al power to do complete justice under Article 104 of the Constitution, inasmuch as this Court has been armed with the power of reviewing its own judgment under Article 105 of the Constitution and the provision of Article 105 should not be discussed in isolation which should be read with the provisio......further under sections 307/34 of the Penal Code for attempting to cause murder of Shakkhar (2) son of the victim Chapa in furtherance of their common intention. The deceased Chapa was the daughter-in-law of one Khalilur Rahman, a rich businessman of Barisal. He has several sons and daughters living ..Category: Criminal Law | Date: | Hits: 94
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