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M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......nd and khas possession in respect of 4 decimals of land as mentioned in schedule "ga' to the plaint which are claimed to be part of the accretal land measuring 1.51 acres. 2. It is the case of the plaintiffs that land measuring 2.95 acres is the accretal land to the C.S. Plot Nos. 67...... the Court of Subordinate Judge (now Joint District Judge), Narayanganj in Title Suit No. 67 of 1995 dismissing the same. The suit was filed seeking declaration of title in respect of 2.95 acres of land and khas possession in respect of 4 decimals of land as mentioned in schedule "ga' to th..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......spondent No.3 missing since 29.12.1982, was discovered on 1.1.1983, whereupon U.D. Case No.1 of 1983 was registered with Sudharam Police Station. Appellant was arrested in connection with the said case on 3.1.1983. Sagir Ahmed, Sub-Inspector of Sudharam Police Station lodged suo moto First Infor...... presently a popular maxim "autrofois convict" or "autre fois acquit" (principle of double jeopardy).The said maxims have been illustrated in Halsbury's Laws of England as under: "The plea of "autra fois convict" or "autre fois acquit&qu..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......nding before the learned Additional Metropolitan Sessions Judge, Chittagong arising out of C.R. Case No. 3774 of 1995 initiated by the Chief Metropolitan Magistrate, Chittagong. 2. The fact of the case briefly stated is that the appellant's daughter, Lutfunnessa, was allegedly murdered by her hus...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......other 45 DLR (AD) 136. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Kumar Neogi, Advocate with him) instructed by Aftab Hossain, Advocate-on-Record - For the Appellant (In both the cases) Abdur Razzaque Khan, Additional Attorney General, (Faisal H. Khan, A. A. G. with him) inst......oner (Revenue), Dhaka requesting the Deputy Commissioner of Police (West), Dhaka Metropolitan Police, to deploy 40 armed police so that the illegal trespassers who were in possession of 1.37 acres of land which has been leased to Mr. Habibur Rahman Khan and 31 others in V. P. Case No. 210 of 1980 co..Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......(In Jail Petition No. 4 of 2007.) Nannu Miah and another...... Petitioners. (In Jail Petition No.6 of 2007.) Vs. The State..............................Respondent. (In both the cases) Judgment May 4, 2008. Lawyers Involved: Md. Helal Uddin Mollah......y implicated in this case out of enmity and with ulterior motive. It is also asserted on behalf of the accused persons that victim Kazal had love affairs with one Rafiq, son of Ansar Ali, the landlord of accused Nannu and frequently used to remain absent from the house in the night. ..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ...... ill. The accused persons having failed to realize the demanded dowry, killed the victim after committing rape on her and threw the dead body into the Indara. 3. Police investigated into the case and submitted charge sheet against the condemned prisoners and the acquitted 4 other acc......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ..Category: Criminal Law | Date: | Hits: 33
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ......ing the land measuring 115.71 acres of Touzi Nos. 1763 and 1764 of the Bakerganj Collectorate and upon making claim on the land of the said Touzis in respect of which suit has been filed. It is the case of the plaintiffs that the land of the said Touzis dilluviated and that after alluvion they as......s initiated on the basis of the said orders are illegal, void, without jurisdiction and as such not binding upon the plaintiffs. 2. It appears that the plaintiffs are claiming the land measuring 115.71 acres of Touzi Nos. 1763 and 1764 of the Bakerganj Collectorate and upon maki..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......Counsels. 8. Section 107 of the Code of Civil Procedure provides that subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power to determine a case finally and to take additional evidence or to require such evidence to be taken and subject a......n the impugned judgment. 2. Short facts are that the plaintiffs filed Title Suit No.40 of 1984 in the Court of Assistant Judge, Keranigonj, District-Dhaka stating, inter alia, that the suit land originally belonged to Abdul Gani Bepari and the C.S. Khatian was finally published in his na..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......suit plot to defendant Nos. 1 and 2. 3. Defendant Nos. 1 and 2 by filing a joint written statement denied right, title, interest and possession of the plaintiffs in the suit land. Their case, in short, is that Paramananda Mondal by a registered kabala dated 30-04-1926 sold the suit pl......f 1973 in the Court of Munsif, Sadar, Rajshahi for declaration of their title to the suit property stating, inter alia, that one Tarini surrendered his korfa pattan in respect of the suit land of C. S. khatian No. 21 to his landlord Paramananda Mondol, who while in possession died..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ...... passed by the Land Appeal Board in Case No.5-65/98 Appeal (Jessore) reversing the judgment and order dated 30.11.1998 passed by the Additional Divisional Commissioner, Khulna dismissing the Revision case preferred under the Public Demand Recovery Act thereby affirming the order dated 31.8.1998 pass......said borrower company was sold in auction on 28. 10.1992. 4. District-Jessore, P.S. Jessore Sadar, Mouza, Hamidpur. S.A. Khatian Nos. S.A. Plot Nos. Area of land 182 245/1619 2.97 acres with project land and building. ..Category: Property Law | Date: | Hits: 31
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ...... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......Barai and Jogesh Chandra Barai, three brothers, acquired the suit property by way of purchase and also by inheritance and as per amicable partition Sharat Chandra Barai got entire .24 acres of land in C. S. Plot No. 1014 and .18 acres out of .43 acres in C.S. Plot No. 1016 and the aforesaid..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
.... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ......rty Nos.3 and 4 respectively under Section 96 of the State Acquisition and Tenancy Act, 1950 (subsequently converted under section 24 of the Non Agricultural Tenancy Act, 1949). 3. The case of the preemptor-respondent No.1, in brief, is that old Plot No. 352 and present Plot No. 562 ......f said Kangal Chandra Denagir, his only son, Roma Choron Dey became owner of the property by inheritance. On 28-05-1956 by deed No.4660 Roma Choron Dey transferred the same that is 0.35 decimals of land to Girish Chandra Sarker. On 04-04-1985 by deed No. 4166 Girish Chandra sold 0.20 acres from ..Category: Property Law | Date: | Hits: 26
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......ion which has been passed against him and without hearing him by setting aside the order of the appellate court and the same order was passed without giving a chance to the appellant to submit his case before the High Court Division and the further submission that by summarily allowing the ......e plaintiff instituted Other Class Suit No.39 of 1998 in the Court of Senior Assistant Judge, Kishoreganj Sadar for declaration of title and recovery of khas possession of the second schedule land claiming title and ownership of the land. The suit was contested by the defendant, by fil..Category: Property Law | Date: | Hits: 71
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ......sion of the land in suit and as such the plaintiffs suit is liable to be dismissed. 4. The trial Court dismissed the suit on the finding that plaintiff miserably failed to establish his case and that he has no right, title, interest and possession in the land in suit. 5. On app......ent and decree dated October 31,1989 of the Court of Assistant Judge, Sailakupa, Jhenaidah, in Title Suit No.131 of 1987 dismissing the same. The suit was filed seeking declaration of title in the land in suit measuring 2.06 acres. 2. The suit was filed stating, inter alia, that the land ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......and order dated April 10, 2004 of the Administrative Tribunal, Chittagong in Administrative Tribunal Case No. 9 of 2003. The Administrative Tribunal by the aforesaid judgment and order allowed the case and thereupon set aside the order of dismissal of the respondent herein, petitioner before the......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ..Category: Administrative Law | Date: | Hits: 102
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......the ground that mere filing of an application does not confer any legal right to the appellant for registration of his company and the refusal to accord permission cannot be judicially enforced. No case of arbitrary exercise of power by the Government or of acting in a discriminatory manner or b......sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ..Category: Business or Commercial Law | Date: | Hits: 81
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ......for the volume and moreover there is some tampering in the said certified copy of the said kabala and on the other hand defendant No. 6 deposed in favour of the plaintiffs and supported the plaint case and thus the plaintiffs by adducing oral and documentary evidence, succeeded in proving their ......Judge, Nilfamari, decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit under section 9 of the Specific Relief Act for recovery of the khas possession of the suit land on evicting the defendant petitioners therefrom stating that Bondi Ram Methor, was the ow..Category: Property Law | Date: | Hits: 23
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ...... 4. As it appears the High Court Division dismissed the appeal holding that in their written statements the petitioners did not deny the receipt of part consideration money and though their case is that at the time of execution of the bainanama, as earnest money, they received only Tk. 50......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..Category: Property Law | Date: | Hits: 26
Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)
....s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ......he summons of the original suit was duly served and the ex parte decree was rightly passed since the defendants failed to appear and contest the suit. They further contended that the miscellaneous case was barred by limitation having brought after 19 years of the ex parte decree by the son ......s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ..Category: Procedural Law | Date: | Hits: 91
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