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Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......hat she had the legal character or the right to property she claimed and unless she could prove such legal character or right to property she could not be given any such declaratory relief and the facts and circumstances of the above reported cases being similar to the facts and circumstances of..Category: Property Law | Date: | Hits: 33
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. ......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. ......he said right was recognized by the Government in leasing out the suit Jalmohal by order dated 28.05.1973. 5. It was argued that the High Court Division failed to consider that the material facts of the instant case are different from those in the case decisions namely Md. Sanu Miah versu..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. ......rected against the order dated 14.05.2007 of the Administrative Appellate Tribunal, Dhaka in Appeal No. 33 of 2007 in rejecting the Memorandum of Appeal as barred by limitation. 2. The short facts of the case is that the respondent, Md. Wazilullah was born on 01.01.1954 and joined in the ..Category: Administrative Law | Date: | Hits: 120
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. ...... FIR, the occurrence took place from 1973-74 to 26.12.1988 committed by the accuseds named in the FIR and the names of the petitioners not being mentioned in the FIR and admittedly the property in question was released from the list of abandoned properties by Memo dated 4.7.1985 of the Ministry ......02.1989, and they being bonafide purchasers for value after 26.12.1988 i.e. completion of occurrence as shown in the FIR, can not be proceeded within the impugned proceedings; further in the above facts and circumstances the allegation against petitioners to the effect that “Bangla…..Category: Criminal Law | Date: | Hits: 43
Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)
.... correct decision. 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, 143. ...... correct decision. 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, 143. ......rty No.1 applicant (during the period of suspension) from July, 2005 and continue to pay the same till disposal of the Rule in accordance with relevant rules of the Education Board. 2. Short facts are that the plaintiff instituted Other Class Suit No.101 of 2005 in the Court of the Assista..Category: Employment/Service Law | Date: | Hits: 83
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......08-05-2001 stating that during investigation, the informant failed to produce any witness and on the other hand, he applied to the Registrar of the Supreme Court of Bangladesh to seize the deed in question but no permission was accorded. 4. The informant filed naraji petition against the ......d 471 of the Penal Code which, is pending in the Court of learned Chief Metropolitan Magistrate, Dhaka and the High Court Division, upon hearing the parties and in consideration of the facts and circumstances of the case, discharged the Rule. Being aggrieved and dissatisfied thereby ..Category: Criminal Law | Date: | Hits: 39
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. ......t recovered from the possession of the accused-petitioner and in the FIR also there is nothing against the accused-petitioner connecting him with the alleged snatching away of the dollars in question and the alleged confession by the accused-petitioner has been obtained under threat, coerc......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. ..Category: Criminal Law | Date: | Hits: 40
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......ing on the suit land to the defendant No.1 who agreed to purchase the same at a consideration of Tk.5,000/- and on payment of the consideration money the plaintiff executed and registered the deed in question in favour of the defendant No.1. The further case is that it was settled between the partie......r leave to appeal is directed against the judgment and order dated 11.02.2002 (passed by a Single Bench of the High Court Division in Civil Revision No.4088 of 1991 discharging the Rule. 2. Short facts are that the plaintiffs proposed to mortgage 10 gondas of land of Plot No. 53 of C.S. Khatian ..Category: Tenancy Law | Date: | Hits: 174
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. ......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. ......nt with effect from May 1996 and as such was liable to be evicted and hence correctly decreed the suit. 17. The learned Single Judge of the High Court Division paid due consideration to the facts and circumstances and arrived at the decision in accordance with law and thus reversed the ju..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. ...... Administrator of waqf and threatened evicting him from the suit premises but failed. 4. Mr. Mahbubey Alam, learned Counsel, appearing for the petitioner submits that in the Civil Revision serious question of law was involved and legality of the claim made by the petitioner was also involved but ......ted 13.03.2005 passed by the High Court Division in Civil Revision No.1541 of 2001 making the Rule absolute with a direction to evict the present petitioner from the suit premises. 2. The relevant facts of the case are that the respondents as plaintiffs filed S.C.C. Suit No. 13 of 1996 for ejectm..Category: Tenancy Law | Date: | Hits: 184
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
.... 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. ......tants of both the Divisions prepare budget fur the Supreme Court of Bangladesh, they attend budget meetings of the Ministry of Finance and represent their respective offices and answer to different questions and queries on the budget which the accountants of the Secretariat do not do and that fa...... protection of law and equal opportunity of the writ petitioners in their employment, there being flagrant violation of the rights. 12. It appears that the High Court Division considered the facts and circumstances and observed: "On perusal of the annexures we find that t..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......ase No.14 of 1991 arising 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 t......1991 arising 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 a..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......of is death this Court was competent to sentence the appellants to suffer rigorous imprisonment for 7 (seven) years which being the legal sentence under section 201 of the Penal Code. 35. The moot question is, whether the awarding of sentence of 7(seven) years rigorous imprisonment to the appella......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 been disputed at all b..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. ......ing back the suit on remand to the trial Court for disposal and therefore, both the leave-petitions are heard together and disposed of by this single judgment. 2. Shortly stated the relevant facts are that the petitioner as plaintiff instituted Title Suit No. 306 of 1989 and subsequently ..Category: Procedural Law | Date: | Hits: 86
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
....ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ......ate had no jurisdiction to frame charge under section 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dismissed. Ed. ...... Amin J. - By this petition the petitioner seeks review of the judgment dated 5-12-2007 passed in criminal petition for leave to appeal No. 428 of 2006 dismissing the petition. 2. Short facts are that the complainant petitioner Daud Ali Sardar filed CR Case No. 70/88 Kali, TR 06/1989 ..Category: Criminal Law | Date: | Hits: 34
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. ......e Court rather a certified copy there of was filed. He further submits that in the case of Shamsuddin Ahmed Chowdhury vs. State reported in 49 DLR (AD) 159 , it was held that unless the document in question is filed in Court, the Court cannot make a complaint. Since in the instant case the alleged...... of 1997 making the Rule absolute and quashing the proceedings of Special Case No.7 of 1996 under sections 419/ 420/467/471/109 of the Penal Code read with section 5(2) of Act II of 1947. 2. Short facts are that one Mohammad Abul Kashem, Assistant Inspector of District Anti-Corruption Bureau, Kus..Category: Criminal Law | Date: | Hits: 63
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ......gation brought against the respondent. As a matter of fact, it cannot be said that it was a fresh enquiry but it was in the process of the same enquiry wherein the authority wanted to know certain facts with regard to document to be fully satisfied about the thoroughness of the enquiry held earl..Category: Administrative Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......on 17 of the Act. It cannot be said that Bangladesh Bank had unduly dictated AB Bank to proceed against the petitioners under section 17. On the other hand, Annexure-A series show that the notices in questions have actually been issued by the Managing Director of AB Bank and Bangladesh Bank had only......of a Division Bench of the High Court Division in Writ Petition No. 463 of 1998 discharging the Rule Nisi and awarding a cost of Taka 5000.00 to each of the contesting respondents. 2. The salient facts over which there is little dispute are as follows. The leave petitioners, Messrs ASF Rahman, S..Category: Banking Law | Date: | Hits: 139
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. ...... of the fact that there was no pleading as to wrong counting of ballots in Char Baleswar polling station and the point at issue and the decision given by the learned Election Tribunal being on the question whether existence of part of the official mark on the ballot was sufficient to take it as ......n those two polling centres. The ballot papers of all the polling centres under Pirojpur and Indurkani PS excepting Gabgachhiya Government Primary School Centre are to be recounted. In view of the facts as stated above the election of opposite party No. 5 is to be declared void. 6. The el..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. ......f 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 is in question. The Committee was constituted somet......ted November 12, 1977 passed by the High Court Division in Civil Order No. 1464 of 1977). Judgment Kemaluddin Hossain J. - This appeal by special leave arises in the premises of the following facts: Sometime in 1954 a Trust was created by a deed which provided for maintenance of certai..Category: Trust/Waqf Law | Date: | Hits: 185
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