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Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)

....rder passed by him was, therefore, liable to be quashed, he submits. 6. Mr. Monsur Habib assisted by Mrs. Luthfunnessa Lucky, the learned Advocate for 1st party opposite party No.1, on the other hand, submits that the learned Sessions Judge rightly found the disputed 1650 Shahasrangsa of land i......this Rule, in short, are that Officer‑in‑Charge of Boalia Police Station forwarded a copy of GD Entry No.1607 dated 29‑1‑2003 to the Chief Metropolitan Magistrate, Rajshahi apprising him that over the ownership of an under construction market on an area of .1650 Shahasrangsa of land forming ......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..

Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1

Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)

.... Vs. Md. Amir Ali and another....................Respondents (In both the cases) Judgment October 20, 2003. Result: The appeals are allowed. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on-Record- For...... has taken possession. The High Court Division erred in law in failing to consider section 53A of the Transfer of Property Act and such error has led to an erroneous decision in giving a decree of recovery of khas possession. Finally, Mr. Ahmed submits that the High Court Division erred in tak......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..

Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256

Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)

.... the receiver of the land in NGR No. 132 of 1978. 4. The second party respondent contested the proceeding filing written statement contending, inter alia, that the land of the proceeding Khatian Chandra and others, who were the RS recorded owners, and the predecessors of both the first parties a........................Respondents Judgment August 27, 2003. The Code of Criminal Procedure, 1908 (V of 1898), Sections 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally decid......g. Here it appears that proceeding was drawn in the year 1978 i.e. long before 8 years, then how could it be possible on the part of the 2nd party to be claimed their own when the land is under the management of receiver. 2nd/PW 6 Syedur Rahman has not been produced by the contesting 2nd party f..

Category: Property Law | Date: 27 Aug, 2003 | Hits: 414

General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)

.....Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal is allowed in part. Cases Referred to- Rai Kiran Chandra Roy Bahadur and others Vs. Tarak Nath Gangopadhyay and others, 40 C.W.N. 566; Abdul Hafez and...... First Appeal No.9 of 2000. Judgment AK Badrul Huq J.- This civil proceeding by way of First Appeal before this Court depicts a lamentable episode and an apt paradigm how blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment d......corded in his name and Golam Hossain Rezwani during war of liberation of Bangladesh left for Pakistan and the property had been enlisted as abandoned property and Ministry of Industries took over the management of Glass Factory and Ministry of Industries transferred the suit factory in favour of Def..

Category: Property Law | Date: 23 Aug, 2003 | Hits: 35

Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)

....y the plaintiff, business in clinic and hospital is absent whereas in the certified copy of the Memorandum filed by the defendant No. 6 in the object clause clinic and hospital has been inserted by hand writing in clause 13 of the object and the two words were inserted in an unusual place, (d) th......pur Mazar Co‑operative Market Society Limited, is the owner of three‑storied super market building at 1, Darus Salam, Mirpur, Dhaka on a land about three bighas leased out by the Government to the Society by the registered deed of lease dated April 24, 1981 ‑, that the lan......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed.  There is no order as to costs.  Ed. ..

Category: Property Law | Date: 18 Aug, 2003 | Hits: 216

Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)

....it by filing written statement wherein they denied the plaint case and their specific case is that the disputed premises were let out to them on yearly basis from 1950 AD by the then landlord Girish Chandra Singhha at a rental of Taka 750 and as per oral agreement it was a lease for indefinite perio...... Party. Civil Revision No.474 of 1991 with Civil Revision No.475 of 1991. Judgment Sharifuddin Chaklader J.- These two Rules arise from a common judgment, as such, this judgment would govern both the Rules. 2. Plaintiff-opposite party filed Title Suit Nos.396 and 397 of 1981 in t...... of southern portion of Singha Brothers Building.’’ Then it was written as; "With reference to your petition dated 2‑1‑83 BS we have the pleasure to inform you that the management have been pleased to fix up the temporary yearly rent of southern portion of Signha Broth..

Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3

Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

.... Judgment August 4, 2003. Result: This Appeal is dismissed. Cases Referred to- Raja Mohammad Amir Ahmad Khan Vs. Municipal Board of Sitapur and another, AIR 1965 SC 1923; Chandra Nath Mukherjee Vs. Chulai Pashi and another, AIR 1960 (Cal) 40. Lawyers Involved: F...... suit property and for delivery of vacant possession of the suit property in their favour contending, inter alia, that the property described in the schedule of the plaint originally belonged to the Government of Bangladesh and was allotted to the husband of the plaintiff No.1 by executing a registe....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..

Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171

Motiar Rahman (Md.) and 18 others Vs. Government of the People's Republic of Bangladesh and others

....ct "power is so apt to be insolent and liberty to be saucy, that they are seldom upon good terms". It is truly the correct scenario and accordingly, instead of liberty, power gets the upper hand in most of the 3rd World Countries and the reason perhaps, is that incompetent, inefficient, op...... (Special Original Jurisdiction) Present: MA Aziz J Syed Refaat Ahmed J Motiar Rahman (Md.) and 18 others………………Petitioners Vs. Government of the People's Republic of Bangladesh and others………Respondents ......rculate this Order among all the District Magistrates and all the District and Sessions Judges of Bangladesh. Ed. This Case is also Reported in: 57 DLR (2005) 327.     ..

Category: Constitutional Law | Date: 29 Jul, 2003 | Hits: 11

Hossain Shially (Fakir) Vs. State, 2003, 32 CLC (HCD)

....encing him to imprisonment for life as well as to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for two years more. 2. The prosecution case, in brief, is that the accused-a 'bhanda Peer' of the locality‑ used to persuade the victim to be his devotee, but the latter did not......he file of the present trial Court who, on the basis of materials available on record, framed charge against the accused-appellant, and three others under sections 6(1)/14 of the said Ain and read it over to the accused on dock to which they pleaded not guilty and demanded trial. 5. The prosecuti...... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 637. ..

Category: Women and Children | Date: 19 Jul, 2003 | Hits: 162

Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)

....d any merit in the submissions of the learned Counsel for the appellant. The appeal is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: ......o as to deprive him of a right to be a citizen of a country where he was born. In the instant case documents filed by the respondents to show that they are citizens of Bangladesh having not been controverted by any tangible evidence it cannot be said they are not citizens of Bangladesh…………â€......oticed. The words 'in person' in the said clause may not necessarily imply physical presence of the owner in all cases; that may as well be understood in the sense that occupation, supervision or management, as has been referred to therein, is to be done with the concurrence and under the au..

Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279

Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)

....hellip;…….Contemners Judgment June 30, 2003. Result: The rule is discharged. Cases Referred to- Zakir Ahmed Vs. University of Dhaka, Ghulam Zamin Vs. A.B. Khandakar, 16 DLR 486; 16 DLR (SC) 722; 16 DLR (SC) 731; M.O. Ghani Vs. A.N. Mahmood, 18 DLR (SC) 463......, more so when this Court had no jurisdiction to pass an order for payment of compensation to the awardee of the L. A. Case No.138/1961-62 at the present market value of the property in question. Moreover at the time of moving the writ petition the legality or propriety of the requisition and acquis......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in:  26 BLD (HCD) (2007) 515. ..

Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13

Zahed Ali Foreman (Driver) and ors. Vs. State, 2004, 33 CLC (AD)

....n shall determine how many cited witnesses to be examined for proving it’s case. ……………………….(7)  Lawyers Involved: Khandker Mahbub Hossain, Senior Advocate, instructed by Mvi. Md Wahidullah. Advocate‑on‑R......cularly PWs 1, 2, 3 and 5 as well as on the evidence of PW 6 who heard about the incident from PWs I and 3, convicted and sentenced the present petitioners and others in the manner as mentioned hereinover. The High Court Division on independent discussions of the evidence in respect of the individua......terference is called for by this Division in respect to the judgment and order of the High Court Division.      Accordingly, the petition is dismissed. Ed. ..

Category: Criminal Law | Date: 24 May, 2003 | Hits: 84

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

....ubmits that the High Court Division was in serious error in sending back the suit on remand to the trial Court while neither the appellant nor the respondents prayed for remand. 10. On the other hand, the learned Counsel for the respondents submits that as defendant No. 1 has specifically plead......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202

State Vs. Md. Motiur Rahman & anr., 2004, 33 CLC (AD)

....ns including Md Sohel, Sohag Bepari, Kabir and Jahanara Begum who made confessional statements which were duly recorded under section 164 of the Code of Criminal Procedure. At this stage the case was handed over to Md Aktaruzzarnan Bhuiyan. Assistant Commissioner, Detective Branch. DMP Dhaka by an o......uding Md Sohel, Sohag Bepari, Kabir and Jahanara Begum who made confessional statements which were duly recorded under section 164 of the Code of Criminal Procedure. At this stage the case was handed over to Md Aktaruzzarnan Bhuiyan. Assistant Commissioner, Detective Branch. DMP Dhaka by an order of......ns 120(b)/302/380/201/212/114/411/34 of the Penal Code, rejecting the prayer for bail now pending in the Court of learned Chief Metropolitan Magistrate, Dhaka, is hereby set aside. Ed. ..

Category: Criminal Law | Date: 12 May, 2003 | Hits: 74

Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)

....etitioners were posted along with Corporation's permanent staffs and while at work there was no difference between the work actually undertaken on the flights by any permanent stewardesses on the one hand and any stewardess of the contract service on the other hand. The Corporation by an organisatio......nal contract of employment. It has been stated by the writ‑petitioners that they were not aware of Corporation's resolution dated July 18, 1993 and that the said resolution was not approved by the Government, nor the same was published in the official gazette. 5. The Rules have been contested b......sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 132. ..

Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164

United Commercial Bank Ltd. Vs. Jahangir Alam Khan & ors., 2004, 33 CLC (AD)

....irectors of UCBL was held on 26‑8­-1999, in its Head Office but Mr. Akhtaruzzaman Chowdhury allegedly accompanied by a number of miscreants, variously armed, raided the board room and manhandled the petitioner, the Chairman of the Board and others and took their signatures in the lette...... 2. The facts leading to the filing of this application are that, the share holders of UCBL are divided into three groups, the Sponsors/Directors are in Group 'A' holding 50% of the shares, the Government of Bangladesh and Public Sector Financial Institutions are in Group 'B' holding 5% share......me, Bangladesh Bank by its notice dated 27th August, 1999 issued under section 47 of the Bank Companies Act, directed the Board of Directors of UCBL not to participate directly or indirectly in its management. As such, the Chairman and the Directors including the petitioner filed a writ petition ..

Category: Business or Commercial Law | Date: 22 Apr, 2003 | Hits: 201

Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)

....DLR 10; Md. Rqfiqul Alam Vs. Mustafa Kamal and others, 1990 BLD (AD) 151 = 42 DLR (AD) 137. Lawyers Involved: Mrinal Kanti Biswas, Advocate‑For the Petitioner. SS Haider with Bivash Chandra Biswas, Advocates‑For the Opposite Parties. Civil Revision No.509 of 2003. Judgme......munication available to the people of the area defendant No.8, Returning Officer after making spot inquiry decided to set up two now polling stations Debipur Primary School and Joypur Registered Non-Government Primary School. The Returning Officer sent the names of the polling station of defendant N......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273.   ..

Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2

Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).

....promotion to the next higher post of Superintending Engineer. But due to interference by the Engineer Pool of the BADC the promotion of the writ petitioner respondent was not considered. On the other hand, the authorities have twice promoted some of his junior colleagues to the post of Superintendin......angladesh 1972, Article 102   Bangladesh Agricultural Development Corporation, Retirement and Promotion Procedure, 1972   It is a long established law that a government entity cannot have double standard nor can it be allowed to pick and choose beyond the pr......ve, both the appeals are dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 104. ..

Category: Others | Date: 24 Mar, 2003 | Hits: 87

Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD

....ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ...... aforesaid manner. Ed. ......mensingh was acquired by SM Rahmat Ullah, father of the respondent, in the year 1963. During the War of Liberation SM Rahmat Ullah, being a non‑Bengali keeping tile house Linder the control and management of his employees and the servants, left Mymensingh Town with the members of the family an..

Category: Property Law | Date: 24 Mar, 2003 | Hits: 463

Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).

....rson of a higher remuneration if he was assuming duties and responsibilities of greater importance than those to attaching to his substantive posts.   10. In the case of Narendra Chanda vs Union of India reported in AIR 1986 SC 638 the continuous 15 years' officating service thou...... Abdur Rab Chaudhury, the learned Counsel appearing for the petitioner, submits that the undisputed fact that the petitioner‑appellant had worked continuously and satisfactorily for a period of over 20 years from 24‑4‑1980 to 7‑6‑2000 as Librarian (which the respondent ......5. Thereafter, on 16‑5‑1985, she applied for the higher scale of Taka 625‑1315 commensurating with her qualifications and responsibilities. The matter was under consideration of the management of the IACB when it was merged with the Bangladesh Shilpa Rin Sangstha where she joined a..

Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84