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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. ......t filed House Rent Case No. 110 of 1982 before the House Rent Controller and the 1st Court of Munsif, Dhaka on 8-4-82 against the plaintiff for depositing of arrear rents in his favour and the said case was dismissed for default of the appellant on the date of pre-emptory hearing on 9-7-85...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. ......r Assistant Judge, Jamalpur in other class Suit No.107 of 1984 decreeing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit measuring 1.09 acres. It is the case of the plaintiffs that the land in suit listed in C.S. Khatian No. 24 belonged to Brajendra Kis..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ...... decree, filed application under Order IX Rule 13 of the Code of Civil Procedure, which was registered as Miscellaneous Case No. 3 of 1990. The plaintiff contested the above miscellaneous case by filing written objection. The learned Assistant Judge, by judgment and order dated 12.03.19..Category: Property Law | Date: | Hits: 28
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. ......e Miscellaneous Case No. 18 of 1992 got himself impleaded in the plaintiffs suit i.e. Title suit No.32 of 1993 as defendant No.11 and contested the suit by filing written statement. It is the case of the defendant No.11 i.e. Respondent No.1 herein, that plaintiff being in need of cash money..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. ......sconceived 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 Court of Assistan..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: ......authority to make any monitory transaction with any body in connection with the share capital and the alleged letter of authority dated 06.06.2000 was not a legal document, having legal value. In any case the said so-called letter of authority never authorized any body to make financial transactio..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. ......of the High Court Division in Writ Petition Nos. 6140 of 2000 making the rule absolute in part and discharging the Rule in Writ Petition No.5350 of 2000. 2. In Writ Petition No. 6140 of 2000 the case of the writ petitioners, in short, is that they being the joint owners of 17 decimals of land o..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. ......and Criminal Appeal No.2042 of 1993 by the other accused have since been dismissed by a Single Judge of the High Court Division by the impugned judgment and order dated 17 June, 1996. 4. The case started upon an FIR dated 3.11.87 lodged by the Assistant Inspector, Bureau of Anti Corruption..Category: Criminal Law | Date: | Hits: 44
Rokanuddin Sheikh Vs. State, 2006, 35 CLC (AD)
....t the appellant, reducing the sentence to the period of imprisonment already undergone by the appellant. The appellant Rokanuddin Sheikh be discharged from the bail bond. Ed. ...... seven other accused were prosecuted under Sections 467/109 of the Penal Code on the charge of forging, in collusion with each other, deed of sale No. 5971 dated 30.12.1978 with a view to grab the case land (81/2 decimals) of Plot No.2827 of Khatian No.353 of mouza Bendabari under Police Station..Category: Criminal Law | Date: | Hits: 31
S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)
....counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ......counsel of the petitioner merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. The Petitioner is permitted to add additional grounds. Ed. ..Category: Criminal Law | Date: | Hits: 50
Md. Zakir Hossain Vs. State, 2005, 34 CLC (AD)
....Code, the High Court Division correctly decided the case and discharged the rule. In such view of the matter, this petition is bereft of substance and as such it is dismissed. Ed. ......i in the District of Comilla and a First Information Report was lodged to the effect by Sub-inspector Jahidul Haque (P.W.I) and that after investigation charge sheet was submitted accordingly. The case being sent for trial, the learned Special Tribunal No.6 and Additional Sessions Judge, Comilla..Category: Criminal Law | Date: | Hits: 55
Foyej Ahmed Vs. State, 2004, 33 CLC (AD)
.... Additional Sessions Judge, First Court, Chittagong in Sessions Trial Case No.19 of 1990 for securing ends of justice. 9. The petition is disposed with above observation. Ed. ......the P.Ws. during the examination of the accused under section 342 of the Code of Criminal Procedure, the defense came out with a plea that they are innocent and have been falsely implicated in the case and would adduce evidence and accordingly an application was filed for issuance of summon..Category: Criminal Law | Date: | Hits: 51
Ali Akbar® Abkar Dewan Vs. State, 2005, 34 CLC (AD)
....intaining the conviction of the accused petitioner under section 412 of the Penal Code. The Petition is, accordingly dismissed with the aforesaid modification of the sentence. Ed. ...... them to suffer rigorous imprisonment for a period of 10 years and to pay a fine of Tk. 5,000/-, in default, to suffer rigorous imprisonment for a period of 6 months. 2. The prosecution case, in short, is that the informant Md. Fazlur Rahman Mia, son of late Masem Ali Mia, of village ..Category: Criminal Law | Date: | Hits: 23
Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)
.... committed error of law in making the Rule absolute and as such judgment of High Court Division requires interference. The appeal is accordingly allowed without any order as to cost. Ed. ......4.1988. Thereafter, he completed 9 (nine) months training in Netherland and also obtained post graduate diploma on port and shipping Management. He has a clean service record. 3. The further case is that the writ respondent No.4 joined as a Commercial Officer in 1980 and the writ responden..Category: Employment/Service Law | Date: | Hits: 91
Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)
.... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ...... Md. Ruhul Amin J M.M. Ruhul Amin J Md.Tafazzul IslamJ Md. Akbor Hossain and others…………………….Petitioners (In both the cases) Vs Md. Safiruddin and others………………&he..Category: Property Law | Date: | Hits: 27
Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)
....ucing them before a concerned Magistrate who in due process of law declared them as Vagrant and kept at the vagrant home. It was added that the brothels situated at Nimtali and Tanbazar areas were root of spreading HIV, AIDS and other STD (sexually transmitted diseases) and various kinds of...... compass and the whole issue is centered on the question as to whether there was validly conducted proceeding under the Vagrancy Act. In this connection he referred to the order sheet of case Nos. 7709 of 1999 and 7710 of 1999 and submits that complying with the requirements of th..Category: Constitutional Law | Date: | Hits: 150
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......zipur in house rent appeal No.1 of 1998 dismissing the same and thereby affirming the judgment and decree dated April 30, 1998 of the court of additional assistant judge, sadar, Gazipur in house rent case No. 1 of 1997 decreeing the same. 2. The suit was filed seeking ejectment of the monthly ten..Category: Tenancy Law | Date: | Hits: 180
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......nable in view of the provision of Section 3(2) of the Ordinance. The question as to whether a proceeding is maintainable when the legal entity and capable of being sued, as in the instant case the cadet College, has not been made a party in the proceeding. In the case of Mohammed ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......22.07.1999 as a fresh cause of action and in holding "writ petition is a device to side track a proper and legal process obviously to ignore the order of stay passed in the civil revision case" and also the submission that the High Court Division in its revisional jurisdiction unde..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ...... and the accused Boston. In fact informant's deceased husband had to tell her that he might be murdered as a result of business dispute and he also said this to Md. Jalal Uddin. Hence the case being Mirpur P.S. Case No. 76 (8) 2001 was initiated. 3. The respondent Md.Barkat @ Bos..Category: Criminal Law | Date: | Hits: 31
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