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Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
....sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ...... the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ......plea of the accused person is that he is innocent. In this case there is no suggestion by the defence that the occurrence took place elsewhere and in a different manner. 11. Now the question is whether a piece of stone can be treated as a weapon of offence in order to sustain convi..Category: Criminal Law | Date: | Hits: 95
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....bsp; 2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the suit property. During pendency of the suit a fur......ssion from the suit property. During pendency of the suit a further prayer was made by amendment of the plaint for recovery of possession. The case of the plaintiff respondents was that the suit lands belonged to their predecessor in interest Amir Ali who died leaving the plaintiffs as his......bstance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
.... 2001. The Specific Relief Act, 1877 (I of 1877), Section 54 Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force except in due course of law and can exercise his rig......ing aside the concurrent decrees of the Courts below dismissing the suit for permanent injunction for restraining the defendants from interfering with the possession of the plaintiff in the suit land. 2. The plaintiff’s case, in short, inter alia, is that the disputed land ap......l in accordance with law and in the light of the observations made above. Ed. ...... pass to the plaintiffs on the basis of purchase from Jalal Ahmed who alleged to have acquired title in the suit land on the basis of the award. The High Court Division as well has not considered the question of possession on consideration of the evidence on record in this regard. 8. Al..Category: Property Law | Date: | Hits: 43
Meghna Textile Mills Limited Vs. Md. Barkatullah & others, 2006, 35 CLC (AD)
....six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......six) months. 9. The petitioners are permitted to add additional ground. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......nd. 10. The appellants are permitted to make the appeals ready for hearing within 6(six) months. Ed ......he judgments and orders dated 03.03.2002 passed by a Division Bench of the High Court Division in Writ Petition Nos. 3142 of 1999, 4469 of 1999, 4470 of 1999, 4471 of 1999 and 4472 of 1999. As common question of law and fact is involved in all these petitions these were heard together and are dispos..Category: Employment/Service Law | Date: | Hits: 120
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......application under section 16 and 31 of the Arbitration Act for setting aside the award stating, inter alia, that in view of the overall resource constraints of the Government and the dispute over the land to be used for the constraints of the flyovers, the Executive Committee of the National Economi......For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......sequently raised, and has been heard and finally decided by such Court. 12. 'Former' mentioned show that there was a remedy in a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto and in order to constitute res judicata the ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......he appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......ention that in the background of the facts that another Division Bench of the High Court Division by the Judgment on November 24, 1998 discharged the Rule in writ petition No. 647 of 1998 on the very question of determination of seniority of ASPs in the background of the decision reported in 16 BL..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....ree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981. 2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth having been born in ......ate on 31.8.1980 under Article 4 of the Bangladesh Citizenship Order 1972(P.O. 149 of 1972); that the suit property (a residential house at Mirpur, Dhaka) belonged to the appellant, who took the land by an indenture of lease, dated 14.11.1968 from the Government, and constructed a pucca residen......; Ed. ......r to be a citizen of Bangladesh and wrongly held that plaintiff acquired citizenship under Article 4 of P.O. 149 of 1972 from 31.8.80. 8. In this case, we are primarily concerned with the question as to whether the property of the plaintiff is an abandoned property under P.O. 16 of 1972...Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....spectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and declaration of title and recovery of khas possession in respect of Kha schedule land after evicting the defendants Nos. 47-49 therefrom who ar......resaid Title Suit No. 25 of 1989 impleading the appellants 1-3 who were respectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and declaration of title and recovery of khas possession in respect of K......urt Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ...... are that the complainant-respondent, Abdur Rouf lodged a complaint on 20-6-2000 against the accused petitioner alleging, inter alia, that the respondent No. 1 reared fish in a pond on his land and because of the risk of level of water rising above the banks of the pond, he apprehend......passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......e we do not hold that this is a fit case for quashing. In such view of the matter, we are of the view that the High Court Division did not commit any illegality in refusing to quash the proceeding in question having prima facie allegation made in the complaint petition disclosing some offe..Category: Procedural Law | Date: | Hits: 104
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....ested the suit by filing a joint written statement denying the material allegations made in the plaint. Their case in short, is that plot No.408 was recorded in R.S. Khatian No. 334 in exclusive possession of Abdur Rahim and plot No.407 was recorded in R.S. Khatian No. 92 in exclusive possessio......iffs instituted Partition Suit No.29 of 1994 in the First Court of Subordinate Judge (now Joint District Judge), Chittagong for partition of the suit property stating, inter alia, that the suit land originally belonged to Hamidunnessa wife of Chan Mia. The C.S. Khatian was prepared and finally......ot find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ......sessment of the materials on record arrived at a correct decision. We do not find any cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....cree to that effect which was maintained upto this Court but the defendants did not vacate the suit property and hence the plaintiff was compelled to file the instant suit for recovery of khas possession. 4. In Civil Appeal No. 86 of 1997 leave was granted in Civil Petition for Leave ......ose dated 31-5-1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No. 124 of 1987. 3. The suit was for a decree only for khas possession in respect of the suit land together with two-storied building standing thereon. The plaintiff filed Other Suit No. 131 of......o Reported in: 60 DLR (AD) (2008) 197. ...... decreed in favour of the plaintiff which go to show that the issue regarding the character of the property was set at rest in previous suit and, in that view of the matter, it is begging the same question again in the present review petition arising out of subsequent suit. Over and above, the p..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......rder as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......ly insurance and other service benefits. 13. In the instant case in passing the interim order the learned Judges, with all due respect for them, have riot at all considered the question of public interest and lots of other considerations e.g. if the Rule ultimately is discharg..Category: Employment/Service Law | Date: | Hits: 109
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ......shy;ing the issue regarding maintainability in accordance with law. Ed. ......ivil Revision No. 1476 of 2003 making the rule absolute-in-part so far as it relates to finding in respect of section 42 of the Specific Relief Act and directing the Court to dispose of the question of maintainability of the suit before recording of the evidence setting aside the order dat..Category: Employment/Service Law | Date: | Hits: 211
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ......rming the judgment and decree dated 31-1-1991 passed by the learned Senior Assistant Judge and S.C.C. Judge, 1st Court, Chittagong Sadar in S.C.C. Suit No. 1 of 1989 decreeing the same. 2. The landlord, respondent No. 1 as plaintiff instituted the above S. C. C. Suit against the petitio......rt Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ......llaneous Appeal No. 86 of 1985 holding that the said premises is a purchased property by Amritalal Shah Banik in his individual capacity and as such the instant suit is not free from complicated question of title as such the very suit filed by the respondent is not maintainable under section 23..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......called for activities of the contemner-appellant and again wrote to the contemner-appellant No. 1 stating that he is appointed Chairman for the purpose of holding the AGM of the Bank for the years in question prior to the amendment came into operation and requested them to publish and notify the dat..Category: Business or Commercial Law | Date: | Hits: 118
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....of Mirpur Mazar Co-operative Market Society Limited (the Society) and he got allotment of shop Nos. 235(ka) and 235(kha) in the ground floor of the under construction market of the Society and got possession of the said 2 shops. He let out the shop No. 235 (kha) to one Shah Alam and Respondent N......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ...... costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......back of the amount borrowed by the Respondent No. 1 and the appellant also filed the deed dated 14.3.1980 on the basis of which he claimed the shop contending that Respondent No. 1 sold the shop in question to him and the learned Additional District Judge on scrutiny of the said two documents ar..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
.... was acquired in L.A. Case No. 159/61-62 and the acquisition was finally notified in the gazette on October 22, 1970. It was contended by the plaintiffs that although Government acquired the land but possession thereof was not taken over by the Government and the plaintiffs are in possession of the ......y in suit was acquired in L.A. Case No. 159/61-62 and the acquisition was finally notified in the gazette on October 22, 1970. It was contended by the plaintiffs that although Government acquired the land but possession thereof was not taken over by the Government and the plaintiffs are in possessio......s set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......Division erred in not exercising its discretion to entertain the revisional application to correct the said apparent error of the courts below in its supervisory jurisdiction vested in it. 7. The question of maintainability of the suit has been raised by the appellant upon placing reliance on th..Category: Limitation Law | Date: | Hits: 189
Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)
.... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ......ed of by this Single judgment. 4. The facts revealed in the leave petitions, in short, are that the convict Aynul Sheikh (not appellant before us) started digging a drain through the middle of the land of one Abdul Gafur Sheikh by damaging his onion crops on 28.01.1996 at about 3.30 P.M. and so A......ch and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 97
.... background of the discussions we are of the view no interference with judgment sought to be appealed is called for.
Accordingly the petition is dismissed.
Ed.
This Case is also Reported in:...... background of the discussions we are of the view no interference with judgment sought to be appealed is called for.
Accordingly the petition is dismissed.
Ed.
This Case is also Reported in:......ent sought to be appealed is called for.
Accordingly the petition is dismissed.
Ed.
This Case is also Reported in:...... consequently the High Court Division was in error in making the Rule absolute. It may be mentioned this contention was not raised before the High Court Division. The learned Counsel contended that a question of law can very much be raised at this label, but because of the materials on record the or..
Category: Employment/Service Law | Date: | Hits: 96
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......eement for sale of the property and pursuant to an authority given by admitted owner Mrs. Jainab Khatun by a registered general power of Attorney the deed of sale having been executed the property in question cannot be declared as abandoned property. 5. We have considered the submissions made by..Category: Property Law | Date: | Hits: 74
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