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Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ......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 26.12.1988 committed by the accused......tructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioners (In both the cases) Not represented- Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 314-315 of 2005. (From the judgment and order dated 24.5.2007 passed by the H......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)
....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......awyers Involved: M. Enayetur Rahim, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 451 of 2004. (From the judgment and order dated 21.10.2003 passed by the ......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)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......ncle P.W.1, Abu Taher for exchange in Bangladeshi currency. After sometime P.W.1 Abu Taher came from Chittagong to Dhaka and discussed with his sister's husband P.W.3 Abul Kashem for it's exchange according to his advice he went to the residence of accused Mohammad Ali alias Shanu who reportedly......, Senior Advocate, instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioner None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 2006 passed ......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. ......2 filing application under Order Rule 10 of the Code of Civil Procedure. 5. The aforesaid defendant No.2 also filed a written statement stating, inter alia, that he was not a sub-tenant but according to trade practice at Mymensingh Town possession of rented premises could be made over on ......pondent No.1. Not represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 429 of 2005 (From the judgment and order dated 04.12.2004 passed by the High ......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. ...... the suit premises to one Mr. Dilip Kumer though later as DW 2 of the S.C.C. suit stated in his deposition, that he and his brother Swapan Kumer are the managers of the hotel under the petitioner and accordingly, the trial Court on consideration of the evidence on records and exhibits dismissed the ......ord- For the Petitioner. S. M. Monir, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- For Respondent No. 2. Civil Petition for Leave to Appeal No. 599 of 2005. (From the judgment and order dated 13th March, 2005 passed by the High......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. ......o contested by the defendant No.1, Government of Bangladesh, primarily claiming the land as vested property upon contending that owners of the land left erstwhile East Pakistan and settled in India, accordingly the land became vested property and R.S. khatian was prepared accordingly and the vested......d. Aftab Hossain, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- For Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.1376 of 2004. (From the Judgment and Order dated June 19, 2004 passed by the High C......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)
....e Tribunal. The wrong complained of being inextricably mixed up, in our opinion, 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 opportunit...... 16. In view of the discussion made above this petition is dismissed having no merit as well as being barred by 395 days. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 47. ......oner Vs. Md. Abdur Rashid and others ....................................Respondents Judgment: February 2, 2006 Lawyers Involved: A. Azim Khair, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-record- For the Petitioners. ......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)
.... an award made by the Arbitrator but in the instant case the petitioner without filing appeal under section 34 filed the review petition. The High Court Division did not accept the plea of natural justice as there is no provision in the Ordinance to prefer review application. 5. Leave wa......e No. II of 1982) hereinafter referred to as the Ordinance in Land Acquisition Case No. 12 of 1987-88 acquired the case land of the petitioner on 18.03.1989.On 28.03.1989 notifications were issued accordingly and compensation assessment was prepared on 16.10.1991. The petitioner received the awa......;………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector & others..............................Respondents (in all the cases) Judgment ......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)
....ord while disposing of the appeal against acquittal passed by the High Court Division and as this Court is competent to award any legal sentence on consideration of all evidence on record for ends of justice. 10. The facts leading to the decision of conviction of the accused petitioner had not be...... of CID. During investigation he collected materials on the basis of which he came to the opinion that the respondents along with other co-accused were responsible for causing the murder of Chapa. He accordingly, submitted final report (true) in respect of the Ejahar filed by Nasiruddin Jamal and su......Appeal No. 52 of 2007) Anisul Huq, learned Advocate, instructed by Syed Mahbubur Rahman, Advocate-in-Record—For the Appellant (In Criminal Appeal No. 53 of 2007) Abu Bakkar Siddique, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent (In both the cases)......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
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ......cogent ground for interference in the impugned judgment. Accordingly, both the civil petitions are dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 72. ...... Nos. 2 and 4-38. (In Civil Petition No. 1164 of 2005). Md Nawab Ali, Advocate-on-Record—For the Respondents. Not represented—Respondents. Civil Petition for leave to Appeal Nos.1163 & 1164 of 2005. (From the judgment and order dated 16-4-2005 passed b......r in the schedule of the plaint Plot No.124 or boundary up to the mosque goli having been mentioned, the High Court Division was wrong in making observation and thereby committed error of law in sending back the suit on remand directing the trial Court for disposal of the suit on the ba..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......quite in accordance with law and suffers from no infirmity and illegality. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 69. ......lved: SS Halder, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners Not represented—The Respondents Civil Petition for Leave to Appeal No.132 of 2001. (From the Judgment and order dated 14-8-200 passed by the High Cou......a rent receipt dated 1-12-1960 which is prior to the compensation assessment roll. The finding that the land is retainable and it is not within the periphery of the Hat and Bazar is contrary to law." ...."Since the property has been acquired by the Government it cannot be the tenan..Category: Property Law | Date: | Hits: 27
State Vs. Sailendra Chandra Borman, 2008, 37 CLC (AD)
.... civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 265. ......or of the Bureau of the Anti-Corruption is merely irregular but not illegal. Furthermore, pendency of a civil suit cannot bar the proceedings of criminal case for criminal offence. The appeal is accordingly, allowed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 65; 16 BLT (AD) 2......sp; State..........Appellant Vs. Sailendra Chandra Borman..................Respondent Judgment March 13, 2008. Cases Referred to- Shamsuddin Ahmed Chowdhury vs. State, 49 DLR (AD) 159; Ali Aman vs. State, 5 MLR (AD) 343; Md......No. 4129 dated 30-6-1992 by false personification and interpolation by inserting 3.97 acres land in place of 0.97 acres of land and thereby they committed offences under the aforesaid provisions of law. Police on completion of investigation submitted charge sheet in the case against the accused ..Category: Criminal Law | Date: | Hits: 63
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....w as to payment of Court fees, if any, by the plaintiff. With the above observation, this petition is disposed of. Ed This case is also reported in: 13 BLC (AD) (2008) 40. ......, we are of the view that the trial Court shall be at liberty to consider the matter of valuation of the suit property at the time of trial of the suit and shall pass necessary orders as deemed fit according to law as to payment of Court fees, if any, by the plaintiff. With the above obser...... ASM Khaliquzzaman, Advocate-on-Record—For Respondent Nos. 1-6. Enayatur Rahim, Advocate instructed by AKM Shahidul Huq— For the Respondents. Civil Petition for Leave to Appeal No. 632 of 2005. (From the judgment and order dated 27-7-2004 passed by the High C......he view that the trial Court shall be at liberty to consider the matter of valuation of the suit property at the time of trial of the suit and shall pass necessary orders as deemed fit according to law as to payment of Court fees, if any, by the plaintiff. With the above observation, this ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....e with the judgment of my Lord, the Chief Justices. Mahmudul Amin Choudhury J.- I have the privilege of going through the judgment written by My Lord the Chief justice but I failed to persuade myself in agreeing with the same for the reasons mentioned below.......n was consulted before awarding the punishment which was noticed by the Appellate Tribunal itself and therefore it was wrong to say that there was no consultation with the Public Service Commission according to law. 8. The broad fact remains that the same enquiry officer was directed...... May 8, 2000. Case Referred To- Bangladesh vs. Md. Matiur Rahman, 1982 BLD (AD)109 = 34 DLR (AD) 285. Lawyers Involved: B Hossain, Deputy Attorney-General, instructed by Mvi. Md. Wahidullah, Advocate-on- Record—For the Appellant. ......ed before awarding the punishment which was noticed by the Appellate Tribunal itself and therefore it was wrong to say that there was no consultation with the Public Service Commission according to law. 8. The broad fact remains that the same enquiry officer was directed to enquire ..Category: Administrative Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......squo;s Order, 1972 (President’s Order No. 155 of 1972), Article 31(2) (d) (e) A ballot paper is to be stamped on its back with full official mark and counterfoil is also to be stamped accordingly but during rush that follows a brisk polling it may not be possible to follow the same ......ip;. Respondent Judgment August 26, 1999. The Representation of People’s Order, 1972 (President’s Order No. 155 of 1972), Article 31(2) (d) (e) A ballot paper is to be stamped on its back with full official mark and counterfoil is also to be stamped accordingly......ection result of all the polling centres under Pirojpur and Indurkani PS was manipulated. The polling at Gabgachhiya Government Primary School Polling Centre not having been held in accordance with law, the polling was void as a whole and a fresh poll was necessary to be called for in those two p..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ...... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......nd its audit and procedures for holding of election of the next committee and measures for their infraction. Articles 23 and 36 are the two articles which cover this contingency. A detailed reference to them at this stage is not called for, because the question of jurisdiction of the District Judge ......t, the appeal is allowed; the judgments of the learned Single Judge and that of the District Judge are set aside and the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (S..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......membership duly proposed and seconded by two voters of ward No. 1 describing ward No. 2 in place of old ward No. 1 in the belief that the number of ward changed from ward No. 1 to ward No. 2, according to the gazelle notification published on December 9, 1976. According to this notification....... 18 of 1977 summarily rejecting the appellant's petition wherein he impugned the orders of the respondent Nos. 2 and 3 ejecting his nomination paper and prayed for directing respondent No. 2 to make delimitation of the wards as per notification issued on November 30, 1976 and also for hold......16(3), have been asked to remove the defect which, according to him, was not of a substantial nature. In rejecting the appellant’s nomination paper in violation of the aforesaid provision of law, the respondent No. 3’s action has become tainted with illegality. The rejection of his a..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... “It is true that the discretion of the Court need not be fettered on materials gathered by judicial method, or to matters extraneous to the case but the grounds must not be extraneous to justice. We are to remember that the section gives a general executive discretion to the public ...... Kamdhar Bepari (2) Abdul Mazid (3) Abdul Wahab son of late Hatimullah (4) Abdul Hoque S/O (5) Fazlul Huq, son of Abdul Khaleq (6) Humayun Kabir son of Farza Mia are involved in the above case, according to Govt. order, the case is not maintainable. “In view of the fact, I have...... 23, 1977. Lawyers Involved: Asaduzzaman Khan, Advocate instructed by Abu Backkar, Advocate-on-Record—For Appellants (In both the Appeals). Sultan Hossain Khan, Deputy Attorney-General, instructed by S. S. Hoda, Advocate-on-Record—For the Respondent No. 1 (In bot......hy;desh, High Court Division in Criminal Revision Nos. 235 and 236 of 1973). Judgment Kemaluddin Hossain J.- These two appeals are heard analogously as a common question of law is involved in them. The question involved in these appeals is covered by the decision given by..Category: Criminal Law | Date: | Hits: 45
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ...... at annual rental of Taka 8000.00 for three years, that is, from 1361 B.S. ending with Chaitra 1363 B.S. The appellants paid three years rent amounting to taka 24,000.00 to the respondent and according to the customs and practice they kept the fisheries in rest for the first 2 years of the ......hellip;………..Appellants Vs. Bangladesh………………….Respondents Judgment June 27, 1977. Case Referred to: Cricklewood Property & Investment Trust Ltd. and others Vs. Leightons Investment Tru......e the fishing operation in the said fisheries and they incurred a loss of Rs. 84,127/13 which they actually spent and also Rs. 30,000/- as the estimated profit. Thus the appellants are entitled in law and equity to recover a sum of Rs. 1,08,127/13 from the respondent as compensation for the loss..Category: Civil Law | Date: | Hits: 89
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......in Hossain CJ Fazle Munim J Ruhul Islam J Amal Kumar Moitra………………Appellant Vs. Md. Mashiur Rahman…………..Respondent Judgment February 23, 1978. Case Referred to: Shahaza Muhd Umar Beg Vs. Sultan Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: ......ion is that the learned Judge failed to appreciate the limited scope of interference with the order of the Munsif passed under Order I rule 10 of the Code of Civil Procedure and committed an error of law in practically deciding the main issues of the suit while exercising the power under section 115..Category: Tenancy Law | Date: | Hits: 142
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