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Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
....ff can not be allowed to retain as his khash land as the same has already vested in the Government with effect from the date of notification dated 14-04-1956 for the wholesale acquisition under the provision of Section 3(2) of the State Acquisition and Tenancy Act, 1951. 9. Mr. Bhuiyan cou...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.............................. (d)................................. (e).............................." 10. It will thus be noticed that under the above provision of law, a contract can be specifically performed against any other person claiming title ......of Mukhtar Hossain Khan vs Suresh Chandra Dey, 42 DLR 86 and the case of In re Karamatullah, PLD 1972 (SC) 25. 5. Leave was granted on the submissions that the High Court Division erred in law in holding that the contesting defendants are purchasers without knowledge of the earlier cont..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....n made clear by holding that a distinction must be made between a body or institution which is created by or under a statute and a body or institution which is not so created but is governed by the provision of the Intermediate and Secondary Education Ordinance 1961 and the various other re......n created by any statute, is not a "statutory body" and further, a body or institution can claim to be a "local authority" if only it is established by the government under any law but the petitioner could not refer to any law under which the aforesaid Rifles Public School an..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....r residential purpose, the Government, on inquiry, cancelled the temporary allotment made to Rustam Ali and allotted the suit land to her; the plaintiff did not buy the suit land on complying with provisions of law; after the defendant Nos. 1/2 directed the plaintiff to vacate the suit property ...... purpose, the Government, on inquiry, cancelled the temporary allotment made to Rustam Ali and allotted the suit land to her; the plaintiff did not buy the suit land on complying with provisions of law; after the defendant Nos. 1/2 directed the plaintiff to vacate the suit property she agreed to ..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... appellant No. 6 contested the Rule by filing affidavit-in-opposition. It was the case of the appellant No. 6 that the property was duly acquired and compensation as per rule was paid and there is no provision for release of such acquired land even if remained unutilised. The Roads and Highways Depa......in respect of certain matters concerning the business of the Government and these do not create any legal right in favour of any person to ask for return of unutilised land validly acquired under the law. 8. In the instant case the High Court Division in making the Rule absolute taking into cons..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....ul authority and void being inconsistent with Article 38 of the Constitution. 5. At the lime of the hearing it was, however, conceded that his petition is not directed against any violation of any provision of the Statute of the Red Cross and Red Crescent Movement. It is, on the other hand, con......charging the Rule issued in the appellant's Writ Petition No. 349 of 1989 by its judgment dated 29.8.1989 the High Court Division gave a certificate that the matter involved a substantial question of law as to the interpretation of the Constitution, particularly Article 38 thereof. 2. In his Writ..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....de by this Court to this effect in the said decision. 5. The learned Single Judge, while considering whether the civil Court's jurisdiction stood ousted by section 26 of the UP Ordinance read with provisions thereof and the Rules made thereunder, has referred to a decision of the Privy Council in......f 1983), section 26 Section 26 of the UP Ordinance has put a clear bar to determination of an election dispute by any court except the Election Tribunal. Secondly, the whole scheme of the election law is such that no dispute as to election can be raised at any intermediate stage, but it may be ra..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ...... 9. Mr. S.R. Pal, appearing for the appellant, contended that the respondent cannot claim "to have any interest in the estate of the deceased" Mr. Pal argued that the High Court Division had erred in law in not considering that while Transfer of Property Act deals with transaction inter vivos, the S..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ......le and it may be written or it may be verbal; it may also be indicated by signs and gestures, in answer to questions, if the person making it is not in a position to speak. There is no requirement of law that a dying declaration should be recorded by a Magistrate as in the case of the confessional s..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ed 22.5.1985 did not create any cause of action under Article 102 of the Constitution as revived under the Chief Martial Law Administrator's Order No. 1 of 1985; that the petition was hit under the provision of Martial Law Regulation No. 7 of 1977; that the house situated at 219 New Eskaton, Dhaka...... he was the sole heir of the deceased Mojibur Rob. 11. Reliance is placed on Hazi Waziullah Vs. Addl. Deputy Commissioner 1989 BLD (AD) 135 for the contention that the High Court Division erred in law in not according the evidentiary value to the previous judgment in Writ Petition No. 682 of 19..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....le and that there being no material in the application of the defendant disclosing the facts and circumstances or taw for rejection of the plaint the said application was liable to be rejected and provision of Order7 Rule 11 of the Code of Civil Procedure does not attract in the present case. ......he High Court Division committed error in discharging the rule ignoring such defect in the plaint. 10. He thereafter submits that the learned Judge of the Court Division committed error of law, in not finding that the plaintiff did not file any document as provided in Rule 14 of Order 7 ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....Title Execution Case No. 18 of 1980. The judgment-debtors, however, filed an application stating that in the meantime, the Title Execution Case No. 18 of 1980 became barred by limitation under the provision of Article 182 of the Limitation Act and the learned Joint District Judge after hearing t......allowing proceeding with the Execution Case No. 18 of 1980. 3. Leave was granted to consider the submission that the learned Judge of the High Court Division has erred in law in holding that Article 182(5) of the Limitation Act applies in the instant case and the Execut..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....nt, the State which represents the collective cause of the community does not deserve a litigant non grata status. The Courts therefore have to be informed with the spirit and philosophy of the provision in the course of the interpretation of the expression "sufficient cause". So also the sa......e because of the materials in detail noted in the judgment of the High Court Division we are of the view that in the background of the said facts delay in filing the appeal has quite in accordance to law been condoned by the appellate Court. This Court in the case reported in BLD 1986 (AD) 180 has o..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ...... the appeals, however, Mr. Pal, shifted the thrust of his submission and made an attractive argument on the basis of the pleading of the plaintiff -appellants raising a mixed question of law and fact which was neither raised nor considered at any stage heretofore. The argumen..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ...... the High Court Division took the view that the decree could not be set aside because the plaintiffs neither prayed for the same nor paid ad- valorem Court fee as required for the relief under the law. 8. It has not been found either by the learned District Judge or the High Court Divisio..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ...... the period from 23rd February 1981 to 23rd July 1989. 3. The petitioner challenged this order in the High Court Division in the above mentioned writ petition as having been made without any lawful authority. 4. The case of the contesting respondent, on the other hand is that o..Category: Employment/Service Law | Date: | Hits: 84
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......titioner under section 420 of the Penal Code is illegal and the criminal proceeding itself being not maintainable it is liable to be quashed and the High Court Division thus committed error of law in discharging the rule. 5. We have considered the submissions made by the learned Advo..Category: Criminal Law | Date: | Hits: 30
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......ion, if any, arose on 09.02.1999 the date of alleged issuance of the cheque in question or on 10.05.1999, 31.05.1999 and 22.06.1999, the dates on which the cheque is said to have been bounced but the law under which the petitioner has been prosecuted came into operation on 06.07.1999 and as such t..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....ing of charge against the accused persons. It is now well-settled that proceeding of a case starts with framing of charge. So we find no reason for queasiest of the entire proceeding, as the provision of section 6(5) of the Criminal Law Amendment Act has already been compiled with before ...... 'Sec. 6 Procedure in trial of cased and powers of Special Judge ................ (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 or in any other law, previous sanction of the Government shall be required for the prosecution of a public servant..Category: Criminal Law | Date: | Hits: 39
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ying the sentence as already mentioned above. Hence is this petition. 3. In support of the petition Mr. Abdul Malek, learned Counsel submits, inter alia, that it is the settled principle of law that a belated FIR always carries the chance of fabrication. In the instant case also the trial..Category: Criminal Law | Date: | Hits: 48
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