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Jitendra Nath Mistry Vs. Abdul Malek Howlader and ors., 2002, 31 CLC (AD)
....entioned judgment and decree the suit which was for declaration of title to the three items of properties described in the ‘Ka’ schedule attached to the plaint and for recovery of khas possession thereof. 2. Plaintiff-petitioner filed the suit as reversioner ......an Chandra, Radha Krishna and Sanatan Mistry. Plaintiff is the son of Khosal Chandra whose father was Raj Chandra. 4. Iswar Chandra was the owner of 3.43 ½ acres of land. He died leaving son Balaram died leaving son Narayan Chandra and widow Beloka Sundari. Naraya...... DLR (AD) (2002) 106. ......ourt Division relating to the property of item Nos. 1 and 2 of the ‘Ka’ schedule. 15. The submissions of the learned Advocate for the appellant centre round the question as to whether the transfers of the property of item Nos. 1 and 2 were made for any kind of..Category: Property Law | Date: | Hits: 47
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
....tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......LR (AD) (2002) 101. ......ngst the persons who encircled the house of the victims the petitioner and some others entered into the hut wherein the victims were and caused injuries to the victims. 17. The question is whether the offences petitioner and others charged with were committed in the course of..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....d the respondent-petitioner to exclude the said house from the list of abandoned building. The fact relevant for disposal of this petition is that one Abul Hashem predecessor of the petitioner got possession of the house from his vendor Abul Hossain, the original owner of the house who duly muta...... 4. As the entire materials were placed before the High Court Division, the High Court Division found that the original lessee Ahmed Hossain was in possession till his death and he sold the case land to Abul Hashem by registered deed of sale dated 8-2- 1973 and later was in possession till his......LR (AD) (2002) 100. ......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......p; Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Mahbubur Rahman and others................ Appellants ...... Administrative Tribunal was affirmed by the Administrative Appellate Tribunal after dismissing the appeal of the Government. Before the Administrative Appellate Tribunal the Government raised the question of non- joinder of necessary parties, namely, 29 directly recruited Assistant Commissioner..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......lso Reported in: 54 DLR (AD) (2002) 95. ...... M Amin Choudhury CJ.- These two appeals are taken up for disposal as common question of facts and law are involved. 2. Both the writ petitioners were appo..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ......elow decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ...... plaintiff in respect of the suit premises and he was not a defaulter as he has been depositing monthly rent in HR Case No. 30 of 1974 and the plaintiff has no bonafide requirement of the premises in question. 2. The trial Court decreed the suit and on appeal the same was affirmed. Thereaft..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ...... thus they are not essentially justifiable and the need to remedy any unfairness. Such unfairness is set right by judicial review. The observance of judicial restraint is currently the mood in England. The judicial power of review is exercised to rein in any unbridled executive functioning. The ...... dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ...... & others...........................Respondents Judgment December 4, 2001. Result: The petition is dismissed. The Constitution of Bangladesh, 1972, Articles &102 Since question of financial interest of the State is seriously involved in the instant case, in our view t..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......Jessore) of the Court of Subordinate Judge, Jhenidha seeking declaration that he is the successor of the defendant Bainchitala Islamia Junior Madrasah and for a further declaration of title to the land described in the schedule appended to the plaint. The suit was decreed ex parte on 20th Novemb......4 DLR (AD) (2002) 80. ......right to be added as parties (appellants) in the appeal were taken to be correct “then also they cannot be added as parties in the instant suit because they have independent right to call in question the legality and propriety of the decree passed in Title Suit No. 16 of 1981 wherein they ..Category: Property Law | Date: | Hits: 63
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....aside and remained valid. Kulsum Bibi transferred 0.48 acres of land to Jamal Khan and others by sale deed dated 29 Jaistha, 1329 BS and the purchasers subsequently sold the same to others who are in possession of the same. Waizuddin by a registered deed of Heba-bil Ewaj dated 21-6-62 gifted 0.69 ac......ndment of the plaint and giving opportunity to the parties to adduce further evidence. 3. Plaintiffs filed Title Suit No. 184 of 1988 for partition of the ‘Ka’ schedule and ‘Kha’ schedule lands. Ka’ schedule lands measuring 4.01 acres originally belonged to Imam Bux. He died leaving wi......8 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ...... Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Before allowing any amendment to the plaint the Court must come to a finding that such amendment is necessary for determining the real question in controversy between the parties and that the same shall not change the nature and charac..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......sed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89. ......r of Commerce, the instant letter of credit is no exception. 13. In the case of Unimarine SA Panama vs. Bangladesh 31 DLR (AD) 112 it has been held that: "The only question which arises in this appeal is whether the lighterage was attachable under Order XXXVIII ..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
....g of the civil petition by judgment and order dated 1-8-1999 has found that the plaintiff has purchased the property from Gurupada Das Bairgai in whose name the property was recorded duly backed by possession of the plaintiff and the purchase was during the pendency of the earlier suit between t...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ......AD) (2002) 69. ...... The review petition is accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 69. ..Category: Property Law | Date: | Hits: 43
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......the surplus money may be invested and the profit earned may be used for the purpose for which the charity was established. In support of his submission Syed Ishtiaq Ahmed placed reliance in All England Law Reports 1958 612 wherein it has been found as follows: “Looking at the w......so Reported in: 54 DLR (AD) (2002) 36. ......ry CJ.- These appeals by leave are against judgment and order passed in Writ Petition No.4938 of 1999 by a Division Bench of the High Court Division which was filed as a public interest litigation questioning the validity of certificate dated 4-4-1999 of Bangladesh Bank giving no objection for t..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
.... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ......cree dated 26 June 1980 passed by the said court in Other Class Suit No. 287 of 1980 was illegal, collusive and not binding upon them and that the defendants had not acquired any title to the suit land. 3. The defendants resisted the claims of the plaintiff. &nb......; Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ...... Present: Latifur Rahman J Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J &......nbsp; Bimalendu Bikash Roy Choudhury J.- This appeal is brought before the Court by leave granted to the appellant Osman Gani to call in question his conviction under Part II of section 304 of the Penal Code recorded by the Assistant Se..Category: Criminal Law | Date: | Hits: 55
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....igh Court Division in Civil Revision No. 4480 of 1991). Judgment: Md. Gholam Rabbani J.- Two brothers respondent Nos. 1 and 2, instituted a title suit against the appellant for a decree of khas possession after evicting the defendant including the appellant from the suit premises which is a sh......e of lessor’s intention to determine the lease is not compulsory and must be optional as the notice is not for the part of the cause of action for such eviction and cause of action is the denial of landlord’s title……………………..(8) Lawyers Involved: Khandaker Mahbubuddin Ahmed,......esult, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......Court to make a comparison of signature or writings and so adoption of such a method cannot be termed as hazardous or dangerous and therefore the finding as to the genuineness of Exhibit 14 cannot be questioned only on this account. 8. Mr. Ahmed next submits that the cause for filing of the suit ..Category: Tenancy Law | Date: | Hits: 70
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ......Case is also Reported in: 54 DLR (AD) (2002) 23. ......p; 16(2)(XVI) Since the respondent assessee paid the bonus to the employees as per direction of the Government under the provisions of the above Ordinance and Notification, the question of earning profit for payment of bonus, does not arise……(5) Law..Category: Fiscal/Taxation Law | Date: | Hits: 66
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
.... land is decided by the civil Court. 2. The case of the writ petition, in short is that one Ram Chandra Moni purchased 7.83 acres land by kabala and auction purchase. While in possession he died leaving sons Nidhiram Moni Parshuram Moni and Raghuram Moni; Raghuram Moni died ...... The Transfer of Property Act,1882 (IV of 1882), Section 105 i) There is no scope in the writ petition to decide disputed question of ownership of the parties in the land in question which should be left to be decided by the civil court after consideration of evide......so Reported in: 54 DLR (AD) (2002) 14. ...... Judgment May 29, 2001. The Transfer of Property Act,1882 (IV of 1882), Section 105 i) There is no scope in the writ petition to decide disputed question of ownership of the parties in the land in question which should be left to be decided by ..Category: Property Law | Date: | Hits: 43
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
.... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ......mitation Act for condonation of delay of 1302 days in preferring said application. The High Court Division then by judgment dated 26-6-1997 condoned the delay and listed the matter for hearing on the question of issuance of the Rule if any. 4. Mr. Zahedul Bari, learned Advocate appearing on beha..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......terference. The petition is, therefore, dismissed. Ed. ......e has been removed and that the offence committed by the plaintiff is not due to inadvertence or mistake and that in order to cherish his self ends he committed the offence and as such there is no question of declaring the order of removal as illegal. 3. The trial court by the impugned ..Category: Employment/Service Law | Date: | Hits: 78
Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)
....e Certificate Appeal No.3/77-78 was filed for setting aside the auction sale of September 17, 1964 in Certificate Case No. 1723(1)63-64. The auction sale was confirmed on November 30, 1964 and the possession was delivered to the auction purchaser i.e. plaintiff, herein appellant, on January 17, ......If an immovable property is acquired validly by the Government the plea of non using it by the requiring body for the purpose for which it was acquired does no confer any right to the owner of the land to claim that property as no vested right or any legal right has accrued in favour of the prev...... suit expeditiously. There is no order as to costs. Ed. ......y the order dated November 16, 1992 (Order No.35 dated 11.16.1992) rejecting the application filed under Order 7, Rule 11 of the Code of Civil Procedure on the observation that in the suit serious question of law is involved and that without hearing the suit finally it would not be possible to a..Category: Civil Law | Date: | Hits: 77
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