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Khondaker Mahtabuddin Ahmed and others Vs. State, 1997, 26 CLC (AD)
....nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......ioners in collusion with the Bank officials got the entire sum released without deduction of 10% of the sanctioned amount which was in violation of one of the conditions Furthermore, the value of the land mortgaged for securing the Loan was over-stated to show the same as proper security. 3. Afte......for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ......nds for the offence, while the civil suit is for realisation money. Both can stand together. The petition is accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 132 ..Category: Anti-Corruption Laws | Date: | Hits: 75
....igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......igh Court Division they cannot be heard to make any excuse now for their actions.
All the petitions are, accordingly, dismissed.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 131.
.......
This Case is also Reported in: 49 DLR (AD) (1997) 131.
......itled to any show cause notice as the decision to seal their Mills was taken by the petitioners in the interest of the country for checking smuggling of wood in the border belt where the Saw Mills in question are situated. The submission of the learned Advocate he himself realised, is unworthy of co..
Category: Others | Date: | Hits: 128
Karnafuli Cotton Mills Ltd. Vs. United Commercial Bank Ltd. and others, 1997, 26 CLC (AD)
....nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......nbsp; Subject to this modification of the order of the High Court Division the petition is disposed of. Ed. This case is also reported in: 49 DLR (AD) (1997) 130 ......(1997) 130 ......the aforesaid irregular order from the High Court Division, did not point out that such a cab is not to be issued and is not the practice of the Court Division. 5. Without entering into the question as to whether a revisional application was maintainable, we are however not inclined to gr..Category: Procedural Law | Date: | Hits: 98
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
....e profits in respect of two buildings consisting of 65 rooms and their appurtenances with further compensation of Taka 20,000.00 (Taka Twenty Thousand) as recurring compensation per month till the possession was delivered to her. 2. The property in question was declared vested property. ......result the compensation and mesne profits from the building portions will come to Taka 21, 60,000.00 from 2-3-77 to 2-3-1985. The compensation and mesne profits for the vacant portion of the suit land will come to Tab 42,00,000.00 @ Taka 2,00,000.00 per katta since the land has been trespassed......lip;……. Respondent Judgment January 8, 1997. Lawyers Involved: Maksudur Rahman, Senior Advocate (Mahbubey Alam with him) instructed by Aftab Hossain Advocates-on-Record - For the Appellants. Zakir Hossain, instr...... and their appurtenances with further compensation of Taka 20,000.00 (Taka Twenty Thousand) as recurring compensation per month till the possession was delivered to her. 2. The property in question was declared vested property. The plaintiff obtained an ex parte decree against the appell..Category: Property Law | Date: | Hits: 72
State Vs. Jobaida Rashid, 1997, 26 CLC (AD)
....t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......t Division committed no error either in law or on fact as would call for interference by this Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ......s Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 119. ...... head of the State with his family has been murdered and the mere fact this is a sensational case cannot be a ground for refusal of bail.” We shall only add “to the respondent”. 15. The only question is whether there are reasonable grounds as indicated above for refusing bail, to the respon..Category: Criminal Law | Date: | Hits: 115
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
....ndant’s predecessor was a monthly ejectable tenant under them at a rental of Taka 350.00 per month. Badsha Miah died on 30th Bhadra. 1393 BS and thereby the defendants have no legal right to retain possession of that the suit premises are also bona fide required by the plaintiffs. Plaintiff reques...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ...... 49 DLR (AD) (1997) 116 ......enant. During continuance of the tenancy Abdus Salam sold his possessory right of the suit shop in the year 1953 to the defendant’s predecessor, Badsha Miah for a sum of Taka. 1,700.00. Complicated question of title being involved the suit as framed was not maintainable; they also challenged the l..Category: Property Law | Date: | Hits: 63
AKM Azizul Islam and another Vs. State, 1997, 26 CLC (AD)
.... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ...... Cr. P. C. Thus the impugned judgment does not call for any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......r any interference. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 115 ......l right of claiming stoppage of investigation and getting themselves released from the case under the repealed law. Besides, the petitioners could not make out a case of quashing the proceeding in question under section 561A Cr. P. C. Thus the impugned judgment does not call for any interference..Category: Criminal Law | Date: | Hits: 87
Nesar Ahmed also known as Babul Vs. Government of Bangladesh, 1997, 27 CLC (AD)
....Anwarullah were apprehended by the gram police. A rope and an electrically-charged torchlight were recovered from the person of the appellant and a knife measuring 11 inches was recovered from the possession of Anwarullah. Begumganj PS Case No.20 dated 19-9-91 was started on the FIR against the ...... more are set aside. The appellant be set at liberty forth with if not required in connection with any other case. Ed. This case is also reported in: 49 DLR (AD) (1997) 111 ......y the Deputy Commissioner, Noakhali, and another…………….. Respondents Judgment April 9th, 1997 Lawyers Involved: MA Wahhab Miah, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record — For the Appellant. Mvi. Md....... doubt that when an equally efficacious alternative statutory remedy is provided for in section 30 of the Special Powers Act enabling the accused to prefer an appeal to the High Court Division the question of invoking the jurisdiction of the High Court Division under Article 102 of the Constitut..Category: Criminal Law | Date: | Hits: 98
Noor Jahan Begum and another Vs. State, 1996, 25 CLC (AD)
....Magistrate himself and the High Court Division acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......m whom the accused-petitioners took Taka 6,32,000.00 for the purpose of sending abroad on employment promised employment in Japan and Singapore but instead of taking them there they were taken to Thailand and were lodged in a hotel. Thereafter accused-petitioner No. 1 fled away and the Thai Police a......acted properly in summarily rejecting the application. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 106. ......sed-petitioners cannot be said to be an abuse of the process of the Court. 6. Instead of moving the High Court Division under section 561A Cr.P.C. the accused-petitioners could have agitated the question of jurisdiction of the learned Magistrate before the learned Magistrate himself and the Hig..Category: Criminal Law | Date: | Hits: 149
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
....6 passed by the learned Munsif, Gangni decreeing. Title Suit No. 117 of 1985. 2. The plaintiff-appellants instituted the aforesaid suit for declaration of their title to and confirmation of possession in the suit land on the averments, inter alia, that they became owners of the suit land ......d Munsif, Gangni decreeing. Title Suit No. 117 of 1985. 2. The plaintiff-appellants instituted the aforesaid suit for declaration of their title to and confirmation of possession in the suit land on the averments, inter alia, that they became owners of the suit land by inheritance as well ......r Rahman J Md. Abdur Rouf J BB Roy Choudhury J. Surat Sarder and others……………………. Appellants Vs. Afzal Hossain and others…………………Respondents Judgment ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
.... After the conclusion of the requisition case the plaintiffs demanded the money from the defendant but he did not pay the same and, on the other hand, wrongfully occupied the portion which was in the possession of the plaintiffs. The defendant thus obtained the said kabala under fraud and misreprese...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ......(1997) 96 ......yer for cancellation of the document and payment of ad valorem court fee was not maintainable. He was also of the view that a written document could not be refuted by oral evidence alone and that the question of limitation which was raised by the parties could not be decided without evidence. Withou..Category: Tenancy Law | Date: | Hits: 88
Fazlur Rahman (Md) Vs. Government of Bangladesh, 1997, 26 CLC (AD)
....er, Dhaka by his order dated 29-1-96 cancelled the order of respondent No. 5 dated 28-1-96 and directed the aforesaid Magistrate Mr. KM Kabir Ahmed to unlock the room of the Head master and hand over possession of the same to the former Headmaster of the School (the present petitioner) (Annexure-J)....... to the writ-petition had been issued without any lawful authority and is of no legal effect. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 49 DLR (AD) (1997) 92. ......he People’s Republic of Bangladesh and others………… Respondents Judgment November 20, 1996. Result: The petition is dismissed. Lawyers Involved: Zakir Ahmed, Senior Advocate instructed by Md. Aftab Hossain, Advocate. on-Record — For the Petitioner. Syed Badrul Alam, Ad......chools) Regulations, 1977, hereinafter referred to as “1977 Regulations”, under Regulation 4(1)(a)(i) the Deputy Commissioner or his nominee is the Chairman of Managing Committee of the School in question. The operation of the order of constitution of the Ad-hoc Managing Committee of the School ..Category: Constitutional Law | Date: | Hits: 163
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ......uddin Mia alias Kala Mia, predecessor of the appellants against Md. Torap Ali Patwary, predecessor of the respondents for enforcement of certain contracts for reconveyance relating to two pieces of land described in schedules I and II to the plaint. The suit was filed on 12 February 1962 and reg...... Latifur Rahman J Md. Abdur Rouf J BB Roy Choudhury J Ali Ahmed and others ………………Appellants (In both the Appeals) Vs. Nazimuddin Patwary being dead, his heirs Azimuddin Patwary and others …………&hel......e as to the date of demand for reconveyance within Magh 1365 BS and coming to the findings that the demand was not made within that period and that the suit was barred by limitation. 9. The question as to the schedule 11 land has been settled by the concurrent finding of the lower appella..Category: Property Law | Date: | Hits: 60
.... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
...... statement and, as such, no arguments were allowed to be made on his behalf.
The appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: 49 DLR (AD) (1997) 87.
......ase is also Reported in: 49 DLR (AD) (1997) 87.
......m, shifting of the School from Kuhdbandi to Alampur was unauthorised, as Alampur Junior High School has already been functioning at Alampur and there was no legal necessity for shifting the School in question at Alampur village. The writ-petitioners have not been working at Khudbandi and, as such, t..
Category: Employment/Service Law | Date: | Hits: 95
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
.... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ....... 944 of 1996). Judgment: BB Roy Choudhury J: This petition for leave to appeal arises out of a suit for specific performance of a contract for sale of certain land. 2. The said land originally belonged to one Hemendra Narayan Chowdhury who is survived ......ip;…………………………………. Respondents Judgment January 2nd, 1997 Cases Referred to- Kafiluddin and others vs. Saminuddin and others, AIR 1931 Cal. 67 = 34 CWN 698; Kali Charan Singh and anot...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ......ntervention of any Court, sell any property pledged, mortgaged, etc. Sub-article (3) provides that all sums due to the Corporation from the borrower or his surety shall be recoverable as arrears of land revenue. Article 27(1) provides that where by reason of the breach of any agreement by the bor......sion (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh House Building Finance Corporation ………………………..Ap......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
.... claiming that she had purchased the land from Md. Ismail under a registered kabala dated 13 May 1984. Thereupon the plaintiff brought the suit for declaration of her title to and recovery of khas possession in the said land with a further declaration that the kabala of defendant No. 1 was forge......udge and Artha Rin Adalat No. 4, Dhaka in Title Suit No. 110 of 1992 decreeing the suit. 2. The relevant facts, briefly, are that, one Md. Ismail son of late Sk. Abdullah took lease of the land measuring 350 square yards being Plot No. 129, Road No. 3, Block-A, Section 12, Mirpur Housing......ate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Khairunnessa being dead, her heirs Feroz Alam and ors ……Appellants. Vs. Zobaida Nahar @ ......he findings of the learned Judges were contrary to the order of remand for the ends of justice. 8. The leaned Counsel for the appellants Mr. Shamsul Huda submits that the order of remand in question is not under Order 41, rule 23 of the Code of Civil Procedure, the trial Court’s dec..Category: Property Law | Date: | Hits: 82
Rupe Jahan Begum and others Vs. Lutfe Ali Chowdhury and others, 1997, 26 CLC (AD)
....er 1956 and 9 September 1957 with his own money. He took delivery of all the original kabalas from the Sub registry and kept them in his custody. Since the said purchases the plaintiff had been in possession of the suit lands on payment of rents. But his daughter, defendant No. 1, who was issuel...... Ali Akbar Chowdhury instituted Other Suit No. 10 of 1982 in the Third Court of Munsif, Chittagong for declaration that defendant No. 1, his eldest daughter was his benamder in respect of the suit lands described in schedules 1-5 to the plaint and he was the ostensible owner of the same. A furth...... Vs. Lutfe Ali Chowdhury and others………………… Respondents Judgment August 21, 1996 Cases Referred to- Gopeekrist Gossain vs. Oungapershad Gossain (1854) 6 MIA 53; Nurjahan Begum vs. Mahmudur Rahman 34 DLR (AD) 61; Bil......absolute and sending the suit back to the trial Court for disposal in accordance with law and in the light of observations made in the judgment. 2. The decision of this appeal turns upon the question whether the High Court Division, in exercise of its powers under section 115 of the Code o..Category: Procedural Law | Date: | Hits: 140
Abdus Salam Sheikh and others Vs. Puspa Rani Shil and others, 1997, 26 CLC (AD)
....ment by the applicant of the amount due to the mortgage under the said proviso, the Sub divisional Magistrate or the Officer so authorised shall pass an order directing the mortgagee to restore possession of the mortgaged land to the applicant and to deliver up to the applicant all documents......n in Writ Petition No. 64 of 1994. 2. Facts giving rise to the said petition may be briefly stated. Between the years 1975 and 1976 respondent Nos. 1 and 2 transferred different parcels of land to the petitioners by as many as five registered deeds of sale with separate unregistered agre....... Puspa Rani Shil and others ………………Respondents Judgment October 30, 1996. Lawyers Involved: Abdus Sobhan, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record — For the Petitioners. Haroon-or-Rash......h Court Division in its judgment impugned before us. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 436, 49 DLR (AD) (1997) 71 ..Category: Property Law | Date: | Hits: 72
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....funnessa, defendant No. 3 Asia Khatun used to live in a house on the suit land constructing a 6-room house in the southern side of the plot and letting out the rooms to different tenants. While in possession Asia Khatun died leaving behind her husband, two sons, plaintiff No. 1 and Nurul Islam a......eal No. 58 of 1986. 2. Plaintiff-respondents filed the aforesaid suit for partition claiming 12 annas 10 ½ paisa share in the Suit property stating, inter alia, that 15 acres of land with structures thereon in plot No. 2379 of khatian No. 286 (old) khatian No. 409 (new). Mouza......hellip;.. Appellant Vs. Shamsuzzoha and others............ Respondents Judgment November 5th, 1996 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record--For the Appellants. Miah Abdul Gafur, Advocate-on-Record--For the Re......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..Category: Property Law | Date: | Hits: 77
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