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Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ..Category: Property Law | Date: | Hits: 48
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......ecember 2004 passed by a Division Bench of the High Court Division in Writ Petition No. 2709 of 2003 allowing an application of the respondent No.53 and thereby discharging the Rule. 2. The facts, in short, are that the petitioner along with two others filed writ petition No.2709 of 2003 ..Category: Employment/Service Law | Date: | Hits: 80
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ......iff No.2 is the real owner of the land in 'Ka' schedule. The trial Court while considering the case of the plaintiffs and the defendants as regard the land of 'Kha' and 'Ga' schedule observed that question of possession of the property will not be of very much help to ascertain the real title of......land of sandalpur, the lands in dispute are in the name of Izzatullah Chowdhury and the same are "more dependable than the dakhilas produced by the plaintiffs in their names", that in the facts and circumstances of the case it can reasonably be held that Izzatullah Chowdhury never inte..Category: Property Law | Date: | Hits: 67
Rafiqul Majid Pintu alias Pintu Vs. State, 2004, 33 CLC (AD)
....d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......d directions given by the High Court Division do not call for interference by this court. There is no substance in the petition. The criminal petition is therefore, dismissed. Ed. ......ing of Criminal Miscellaneous Case No. 5462 of 2002 with some observations and directions upon the learned Judge of the Nari-O-Shishu Nirjatan Daman Tribunal (in short the Tribunal). 2. The facts, in brief, leading to the leave petition are that one Nilufar Hasnat lodged a First Informati..Category: Criminal Law | Date: | Hits: 52
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......azette the petitioner will be entitled to get payment of compensation money and the Deputy Commissioner, Dhaka, respondent No. 3, must make final assessment of compensation of the land in question of the petitioner within 2(two) months after such gazette notification" but inspite o......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......hury J. - This appeal by leave is directed against the judgment and order dated 05.08.2002 passed by the High Court Division in Criminal Appeal No. 2381 of 1998 dismissing the appeal. 2. The facts, in short, are that one Md. Abdul Aziz on 05.01.1995 lodged First Information Report with Loh..Category: Criminal Law | Date: | Hits: 42
Md. Abdur Rahman Sikder Vs. Nur Mohammad Khan and others, 2005, 34 CLC (AD)
....ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ......ng. 5. The High Court Division held that since the title Suit has been decreed and there is an appeal pending against the judgement, the Civil Court is in seisin of the subject matter on the question of title and possession, but the Magistrate assumed the jurisdiction under section 145 of......ngs under section 145 of the Code of Criminal Procedure. The submissions of Mr. Md. Majibur Rahman do not merit any consideration. Accordingly, the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 70
Fazlul Kader Chowdhury Vs. Cyma Zarrar and another, 2006, 35 CLC (AD)
....Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......tition seeking leave to appeal against the judgment and order dated 20.10.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 470 of 2000 discharging the rule. 2. Short facts as disclosed in the petitioner are that the first party Cyma Zarrar claiming to be owner of t..Category: Procedural Law | Date: | Hits: 154
State Vs. Md. Shahidul Islam @ H. M. Shahid, 2005, 34 CLC (AD)
.... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ...... In view of the discussion made above, we do not find any illegality in the impugned judgment and order. The petition having no substance is, therefore, dismissed. Ed. ......victim girl and the accused respondent in a very intimate position were also shown to the victim girl in her cross-examination which she did not deny. The High Court Division after considering the facts and circumstances and materials on record observed: "The evidence as adduced..Category: Criminal Law | Date: | Hits: 34
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ......e under Sections 420/468/471 of the Penal Code and as such the instant criminal proceeding against the petitioner is liable to be quashed and that the learned Magistrate disregarding the facts and circumstances of the case and law illegally framed charge against the accused petitioner ..Category: Criminal Law | Date: | Hits: 57
Md. Harun-or-Rashid @ Harun Vs. Md. Halim Uddin and another, 2004, 33 CLC (AD)
.... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ...... giving our consideration to the materials on record we do not find any illegality in the impugned judgment and order. The Criminal petition is, therefore dismissed. Ed. ...... seeks leave to appeal against the judgment and order dated 19.11.2003 passed by a Division Bench of the High Court Division in Criminal Appeal No. 3105 of 2003 dismissing the appeal. 2.The facts leading to the leave petition in brief are that the respondent No.1 Md. Halim Uddin lodged a ..Category: Criminal Law | Date: | Hits: 41
Mohammad Junayed Quader Vs. Artha Rin Adalat No.4, Dhaka and others, 2005, 34 CLC (AD)
....ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... alia, that the High Court Division misinterpreted the law and thus fell in error by concluding that the provisions of Section 33(1) to (4) were fully complied with, inasmuch as the auction sale in question was wholly without jurisdiction as the learned Artha Rin Adalat could invite bids for sale......ed with as prayed for. Stay granted earlier be further extended till hearing of the appeal The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 94
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ...... application in respect of settlement case No.242/62-63 in favour of plaintiff-respondent No. 1, although the plaintiff’s settlement is still in the proposal stage. 8. The material question in this appeal is, whether paragraph 8 of Government Memo No. 21-77/70/223R/L dated 2nd Au......es and regulation. 6. In revision a learned Single Judge of the High Court Division found that the plaintiff had acquired no title to the land, that the two orders were not applicable to the facts of the present case and that the cancellation of settlement of the plaintiff by applying..Category: Property Law | Date: | Hits: 35
Monzur Murshed Vs. Humayun Majid, 1995, 24 CLC (AD)
....e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ......e facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a defaulter. The appeal is therefore allowed without any order as to costs. Ed. ...... Cell nor the plaintiff-respondent informed the appellant before 17-2-82 that the suit building stood released in favour of the plaintiff-respondent. The High Court Division did not consider these facts and it apparently made a mistake of fact in coming to the conclusion that the appellant was a..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ...... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......e Court was in error in holding that the plaintiffs are not in possession of the land over 60 years since Ext.1 clearly shows that the plaintiffs are in possession of the land since 1917, that in the facts and circumstances of the case plaintiffs were not required to prove their possession of th..Category: Property Law | Date: | Hits: 42
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
.... up the lacuna (7 BLT(AD)7). In the background of the discussions made hereinbefore we do not find any merit in the appeal. Accordingly the same is dismissed with costs. Ed. ......bsp; the summons of Miscellaneous Case (pre-emption) No. 18 of 1992 and thereby came to know that the defendant Nos. 1-5 upon using the name of the plaintiff have created the kabala in question in respect of the land mentioned therein, that the plaintiff obtained the certified copy o......a in question is forged and fraudulent. 10. The learned Counsel for the appellant took us through the judgment of the High Court Division and the courts below. In the background of the facts and circumstances of the case and the findings made by the last Court of fact as well as by t..Category: Property Law | Date: | Hits: 35
BRDB and others Vs. Md. Idris Ali Akond and others, 1998, 27 CLC (AD)
....fication for making an order of remand as prayed for which will be a ceremony too idle to be permitted. In the result, the appeal is allowed without any order as to cost. Ed. ......699 of 1989) Judgment: A.T.M.Afzal CJ.- In this appeal by leave by the defendants, the question for consideration is whether the learned Judge of the High Court Division at all acted ju......tely misconceived manner and even without noticing a palpable fact on record causing miscarriage of justice. The impugned judgment is therefore wholly unsustainable. Now I proceed to the facts of the case. 2.The plaintiff respondent brought Title Suit No. 465 of 1984 in the Cour..Category: Employment/Service Law | Date: | Hits: 73
Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)
....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......re of respondent No.1 other than the amount deposited by petitioner No.2, the petitioner's claimed amount are not in any way the contribution for the share of the respondent No.1. Hence there is no question of giving share or directorships of respondent No.1. Petitioner No.2 who obtained and produ......rieved by the said activities of the respondent in the manner as stated above 'served a legal notice upon the respondents on 06.05.2001 through Mr. Shah Mohd. Ahsanur Rahman, Advocate stating all the facts and circumstances and requested them to cancel/rescind the unlawful decision in respect of t..Category: Banking Law | Date: | Hits: 185
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......hat the land has been released from the vested property list and accordingly the Additional Deputy Commissioner (Revenue), Dhaka issued memo dated 17.12.1989 informing Mrs. Rozario that the land in question had been excluded from the list of the vested properties and the Government subsequently ......3. Moreover, the writ petitioner did not challenge the acquisition of the property in L.A. Case No. 16 of 1959-60. 14. It is needless to mention here that a writ petition is maintainable where the facts are undisputed. In the instant case the facts of the writ petition do not appear to be undis..Category: Property Law | Date: | Hits: 91
Sekander Ali Howlader and others Vs. State, 1997, 26 CLC (AD)
.... their sentence is reduced to the period already undergone by each of them. The sentence of fine will remain. The accused-appellants may be released from their respective bail bonds. Ed. ......dgment: A. T. M. Afzal CJ. - Leave was granted in these two appeals by leave to consider the question of sentence only. 2. Accused appellant Sekander Ali Howlader of Criminal Appeal No.......adh mochon hoyna.” 7. From the above, it was therefore a case of temporary defalcation. It is a serious offence nevertheless. However, he ends of justice, we think, will be met in the facts and circumstances of the case if the sentence of fine of each of the accused-appellant i..Category: Criminal Law | Date: | Hits: 44
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