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Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ...... their title in the suit land on the averments that the suit land originally belonged Moharaja Jogodipendra Narayan Bhup Bahadur and Abdul Hafez Ahmed Talukder, their uncle, in the year 1351 B.S., took settlement of the same at a rental of Taka 14.50 and since then Abdul Hafiz Ahmed Talukder pos......fendants could not give satisfactory explanation to the points raised by the plaintiffs but that would not improve the case of the plaintiffs because it is the cardinal principle of law that the plaintiff is to prove his own case and he must not rely on the weakness or defects of ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......d at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ......ip;……Petitioners Vs. Khariat Hossain and others.....................Respondents Judgment July 23, 2006. Lawyers Involved: Omar Faruq, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Amir Hoss......as allowed and the suit was dismissed. On revision the High Court Division made the Rule absolute. 4. The learned counsel for the petitioners submitted that the High Court Division erred in law In setting aside the findings of the appellate court without properly discussing and controver..Category: Property Law | Date: | Hits: 27
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
.... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ......t the plaintiff was in exclusive possession of the suit land and rather the same shows the ejmali possession of plaintiff as well as the defendants in the suit land for more than 12 years and accordingly the plaintiff is entitled a part decree only to the effect that the Sale Deed No. 5666 ......olved: Rabi Shankar Chakraborty, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1658 of 2004. (From the Judgment and order dated 29th June, 2004 passed by the ......efendants proved their right, title and interests in the suit land together with their possession and the plaintiff failed to prove the settlement in his name alone and so the trial court erred in law in not enquiring as to how the defendants come into possession of the suit land; the trial cour..Category: Civil Law | Date: | Hits: 83
Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)
....to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ......s of land left by their father late Goher Sheik and Modhu Sheikh died leaving behind 3 (three) sons namely Jowahar Ali, Basiruddin and Ahmed Ali and 2 (two) daughters namely Amirun and Dudhjan and accordingly the 3(three) sons of Modhu Sheikh became the owner of .033/8 decimals of land each and ...... Judgment August 28, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 425 of 2004 (From the judgment and order dated 26-06-2002 passed by the High Co......rroneously held that the plaintiff proved his title and possession and in such view of the matter, the findings and decisions of the High Court Division being erroneous can not be sustained in law. We have heard the learned Advocate-on-Record and considered his submission. On perusal of the ..Category: Property Law | Date: | Hits: 23
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......hen the Court is of the view that it is impracticable to call a meeting and that impracticability of calling a meeting may not be equated with impossibility of calling such a meeting and accordingly before exercising power conferred under the above sections the High Court Div......Tafazzul Islam J Bangladesh Bank ........................Petitioner Vs. Sk. Abul Hossain and others..........Respondents Judgment May 2, 2006. Case Referred to- Ghyasuddin Ahmed vs. Faruque 38 DLR (AD) 296. Lawyers Involved: Ajmalul H......e delay contending, inter alia, that he is a share-holder of the company; the 19th Annual General Meeting of the company for the calendar year 2002 was held on 23.03.2002; as per provision of law and its Articles of Association the company convened it's 20th Annual General Meeting on 28.4.2..Category: Business or Commercial Law | Date: | Hits: 78
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......y Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-record-For the Petitioners Md. Nawab Ali, Advocate-on-record-For the Respondent Civil Petition for Leave to Appeal No. 1475 of 2004 (From the Judgment and Order dated August 31, 2004 passed by the H......Court also held that there was no violation of the provision of service rules of the WASA, that the judgment and decree of the trial Court is not based on evidence and the same is contrary to law. 7. It is seen from the judgment of the High Court Division that out of the 5 delinquent..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......rt also disbelieved the case of settlement of the suit premises to defendant-appellants by Dhirendra Bhattacharjee and Birendra Bhattacharjee, two sons of Srish Chandra Bhattacharjee. The trial court accordingly decreed the plaintiff’s suit for ejectment. The defendants filed Title Appeal No. 295 ......lna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 respectively. Admittedly the suit land measuring .17 acres being C.S. Plot No. 3871 appertaining to C.S. Khatian No. 1865 of Mouza Baniakhamar originally belonged to one Rakhal Das Bose and his wif......is sons, Dhirendra and Birendra. They again claimed that they took settlement of the suit property by unregistered Amaldari from Dhirendra and Birendra on 17.05.1950. It is the settled principle of law that settlement of Non-Agricultural land within Municipality cannot be affected by unregistere..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......o is directly or indirectly the beneficial owner of not less than ten per cent of a listed security. 9. High Court Division heard the matter of vacating the order of stay granted earlier and according to it the committee which held enquiry prior to the initiation of the proceeding gave op......r. Mahmudul Islam, Senior Advocate, instructed by Md. Ahsanullah Patwary, Advocate-on-Record- Respondent No. 2. Not represented- Respondent Nos. 1, 3-5. Civil Petition for leave to Appeal No. 1581 of 2002. (From the Order dated 20th August 2002 passed by the High Court ......bsp; such report under the signature of the Respondent no.5 now pending in the Court of the Chief Metropolitan Magistrate, Dhaka shall not be declared to have been done without any lawful authority and of no legal effect and that section 21(1) of the Securities and Exchange Ordin..Category: Criminal Law | Date: | Hits: 36
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
....of a suit on contest but not to deprive the parties on technicalities. In certain cases, filing of an application for condonation of delay may be waived as a mere formality for securing the ends of justice………………………..(5 & 6) ...... if the Court is satisfied from the materials on record including the application for substitution after setting aside the abatement, the Court could set aside the abatement and allow substitution accordingly. In the result, we do not find any substance in the submission of the learned Ad......06. The Limitation Act, 1908 (IX of 1908), Section 5 The Code of Civil Procedure, 1908 (V of 1908), Order XXII, rule (2) Substitution of heirs where the right to sue survives after death either of the plaintiff or of the defendant, even though the period of......rtain cases the filing of an application for condonation of delay may be waived as a mere formality for securing ends of justice, the order allowing prayer for substitution is quite sustainable in law. 7. In the premises above, even in the absence of the application under section 5 of the..Category: Procedural Law | Date: | Hits: 75
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ......oard of enquiry was constituted for holding enquiry but without holding any enquiry properly they submitted a report to the authority. A second show cause notice was served upon the petitioner. He accordingly replied to the same denying all the allegations. The respondent No. 2 finally disposed ......ers Involved: Al-Haj Gius Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 1039 of 2002 (From the judgment and order dated 30.04.2002 passed by the Adm...... for the petitioner mainly argued that the provisions of Rule 52 of the Bangladesh Service Rules have not been complied with in the case of the petitioner and hence the impugned judgment is bad in law. In this connection he placed before us photocopy of the judgment passed by this Division in Ci..Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......on) i.e. for hearing under Order 41 Rule 11 of the Code of Civil Procedure. 7. He then submits that on 23.03.2005 the High Court Division passed an order to deposit 50% of the decretal amount and accordingly on 27.03.2005 the said amount was deposited and according to Mr. Ahmed the said deposit .................................................Appellant Vs. M/s. Faruque Paint and Varnish Manufacturing Co. Ltd. and others ........Respondents Judgment June 18, 2006. Case Referred to- Abdus Sattar and others Vs IFIC Bank Ltd. 52 DLR (HCD) 4. Lawyers Involved: A. J. Mo......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. ......fessional statements stated that accused Aminur Rahman wanted to marry the victim Fatema Begum but as her father did not agree, accused Aminur, Mominur, Dulal and Shirajul plotted a conspiracy and accordingly the confessing accused Azizul Haque alias Abul Kashem entered into the house in the dis...... Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No.252 of 2005 (From the judgment and order dated 18.04.2005 passed by the High Co......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
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ppeal Board acted as quorum non judice having no jurisdiction and rightly set aside the judgment and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......bsp; Not represented- Respondent Nos.2-6. Civil Petition for Leave to Appeal No. 231 of 2006 (From the judgment and order dated 06.08.2005 passed by the High C......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)
....dur 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 made absolute in part but discharged the R......ot 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 made absolute in part but discharged the Rule in Civil......Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the Hi......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. ...... 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. ......e-on-Record- For the Respondent No. 2. Civil Petition for Leave to Appeal No. 994 of 2004 (From the Judgment and Order dated January 21, 2004 passed by the ......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. ......aking the view that the conduct of the pre-emptor in declining to purchase the case land when offered to him for sale amounted to waiver and acquiescence of his right to purchase the case land and accordingly his right of pre-emption was also hit by the principle of estoppel. 10. Carefu......sim Uddin and others .......Respondents Judgment January 6, 2008. The State Acquisition and Tenancy Act, 1950 (XXVII of 1951), Section 96 The pre-emptee having failed to prove that the pre-emptor was offered to buy the case land in the first place and he refused to ......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)
....f enhancement and this aspect having been over looked by the learned single Judge of the High Court Division committed an error of law in discharging the Rule which caused a serious miscarriage of justice." 7. Syed Mahbubar Rahman, learned Advocate-on-record, appearing for the appell......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. ........Respondent Judgment September 13, 2007. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record- For the Appellant Zahurul Islam Mukul, Deputy Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Respondent ...... 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)
....hip and is contrary to the provision of Acquisition and Requisition of Immovable Property Ordinance, 1982 and in the aforesaid facts and circumstances the petitioner sent notice of demand of justice through their learned Advocate Mr. Mahbubey Alam to the respondents requesting them to with......pensation money to the respondent No. 2 including the value of the trees. 20.For promotion of foreign investment and for resolving the problem of unemployment of this country the Government according to Master Plan took measures for acquiring land measuring 214.34 acres ......ate (Mahbubey Alam, Senior Advocate with him) instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Petitioner (In all the cases) Fida M. Kamal, Attorney General instructed by Md. Nawab Ali, Advocate-on-record- For the Respondents (In all the cas......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)
....ompensation Assessment Roll in respect of the 4 annas share of the said Jalmohal which is a Waqf Estate and thereby the High Court Division came to an erroneous decision, as such caused failure of justice; that the High Court Division without considering the implication of the order dated 16.10.......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. ......lved: M.A. Samad, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner None Represented- For Respondents Civil Petition for Leave to Appeal No. 298 of 2006. (From the judgment and order dated the 31st August, 2005 passed b...... 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. ...... 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. .................Petitioners Vs. Md. Waziullah........................Respondent Judgment February 6, 2008. Lawyers Involved: Hasan Faez Siddique, Additional Attorney General, instructed by Zainul Abedin, Advocate-on-Record- For the Petitioners A. F. ......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
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