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State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ...... the Penal Code. 2. The aforementioned convicts filed Criminal Appeal No. 1026 of 1991 as against the judgment and order of the Court of Sessions Judge as mentioned hereinbefore. 3. Prosecution case as narrated by the P.W.I, brother of the deceased Mohammad Ali, in short, is that Abdus Samad M......e P.W.I, brother of the deceased Mohammad Ali, in short, is that Abdus Samad Mondal (acquitted) a neighbour of the deceased Mohammad Ali erected a tinshed hut for running a 'moktab' on 18 decimals of land of Plot No. 430 closed to the house of the informant (P.W.1) Md. Abdur Rahim, brother of deceas..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......il) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Tariqul Islam Khan...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 o......qf deed and the conduct of the present petitioner Mr. T.I. Khan and found that filing of the title suit claming the Waqf property as his personal properties and executing a mortgage deed including land of the Waqf property are all acts done against the interest of the Waqf Estate and therefore h..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......should therefore be sparingly used; the provisions for the appointment of a receiver is to be considered as one of the rarest remedies for the enforcement of rights to property; but in the present case the learned Joint District Judge failed to appreciate the necessary legal requirements as afor......ver for appointing a receiver; in a partition suit between the members of a joint family the court will not appoint a receiver except by consent and specially where the family property consists of land, special circumstances must be proved before the Court; the plaintiff must satisfy the Court t..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......epay the said loan and thereby became a defaulter and was disqualified to be elected as Chairman and/or to continue as a Chairman of the concerned Union Parishad. 3. The opposite party No. of the case contested the election petition by filing a written objection denying all the material allegati......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......suit on 31.12.2002 in favour of the plaintiff and directed the plaintiff to file a petition for recovery of khas possession. The trial Court accordingly gave possession to plaintiff in an execution case and the defendant preferred Title Appeal No.9 of 2003 before the learned District Judge, Naray...... absolute. 2. The predecessor of the plaintiff instituted Title Suit No.47 of 1999 in the 2nd Court of Joint District Judge at Narayangonj for simple declaration of title in respect of suit land against the defendant. 3. The defendant contested the suit by filing a written stateme..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......ssession on 13.09.1991 by defendants and as such committed illegality. Lastly, the learned Advocate submits that the High Court Division failed to appreciate that the plaintiff failed to prove his case of alleged possession and dispossession as a whole and as such it merits interference with by ....... 90 of 1991. 2. The respondent No.1 as plaintiff filed Other Class Suit No. 90 of 1991 before the Senior Assistant Judge, Nalitabari for recovery of possession of the possession of the suit land under Section 9 of Specific Relief Act stating, inter alia, that the suit land recorded in R.S..Category: Property Law | Date: | Hits: 51
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..Category: Administrative Law | Date: | Hits: 125
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......ourt Division in Death Reference No.26 of 2001 rejecting the death reference with commutation of the sentence of death inflicted upon the Respondents to imprisonment for life. 2. Prosecution case, in brief, is that on 23.05.1997 informant (P.W.I) Mst. Tanjila Khatun along with her husband ......his wife and accused Mohir Fakir is also his full brother. The High Court Division further held that both the condemned prisoners each dealt only one blow on the victim and accused Joynal Fakir had land dispute with his brother Moina and there was an attempt for Salish over the matter. 7. ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......Station Case No. 46 dated 28-8-1998 as well as G.R. Case No.2548 of 1998 now pending for trial in the Court of learned Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka. 2. The prosecution case, in brief, is that one Mr. Yunnus Ali, the father of the victim girl lodged F.I.R. with Pallab......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......sions Judge in Criminal Appeal No. 1108 of 1999. 3. The said appeal was filed against the judgment and order dated October 21, 1989 in G.R. Case No. 3503 of 1988. In the aforementioned G.R. case the petitioner was convicted under section 170 of the Penal Code and was sentenced to imprison......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......sion of the suit property and for the dispossession, the plaintiff was constrained to institute the suit. 3. The petitioner as defendant No. 14 contested the suit filing the written statement. The case of the defendant petitioner, inter alia, is that one Abdul Kader was the C.S. recorded tenant ......in died leaving Samiruddin and others as his heirs. Samiruddin and others sold two Pakhi on 12.09.1955 to plaintiff's name and bename and possession was handed over. Plaintiff was possessing the suit land since then. But the defendant Nos.1 to 8 dispossessed the plaintiffs by force on 09.01.1992 and..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......ase got his name mutated in the khatian. The defendant No.1 is the full brother of Abdul Aziz and a person of desperate nature. Once he assaulted the plaintiff and the plaintiff brought a criminal case being C.R. Case No.423 of 1998 and the defendant was convicted. Thereafter he forcibly disposs...... Title Suit No. 12 of 1994 in the Court of Senior Assistant Judge, Faridpur Sadar for declaration of his title and recovery of khas possession and also for partition alleging, inter alia, that the land measuring an area of .77 acres out of 1.10 acres of Plot No.1308 appertaining to R.S. Khatian ..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......n Hanif Biswas died leaving only son plaintiff No.1 as heir. In this way plaintiffs acquired 12 annas share in the suit property and they subsequently sold some land to other persons. Their further case is that Bodillah was also the owner of the 'Kha' schedule land of the plaint and the plaintiff...... 2. Short facts are that the petitioners as plaintiffs filed Title Suit No.57 of 1987 in the Court of the learned Assistant Judge, Chougancha, Jessore for declaration of their title to the suit land and confirmation of possession therein stating, inter alia, that the 'Ka' schedule land of th..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ....../under section 95 of the Companies Act by resorting to the jurisdiction of by the High Court Division or on the Civil Court, the learned Counsel for the appellants has referred to a decision in the case of British India Corporation Vs. Robert Menzies reported in 1936 Company Cases 250 wherein a s......terference with the impugned order. These appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 82. ..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......ne appears for the respondents. 8. We have heard the learned Counsel of the petitioners and considered his submissions. It appears that this Division while allowing the appeal considered the case of the parities and the applicability of the reported legal decisions on the matter in issue a...... in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stating to the effect, that one Kasum Bhuiyan held the disputed land measuring .09 acres in Chandina Jote right under the Court of Wards on behalf of one Amullya ..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......000 as advance he made over the possession of the suit land to the plaintiff and in the said agreement it was stipulated that the defendant No. 1 shall get back the possession of suit land in case of his refund of the advance amount of Taka 25,000 within the month of Chaitra 1386 BS and in ......ract on the averments that late Noor Ali Akunji, the defendant No. 1 in the above suit and the predecessors in interest of the respondent Nos. 5 to 12, was the owner in possession of the suit land measuring 3.93 acres and he on 29-11-1976 entered into an agreement with the plaintiff for sal..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......n established and accordingly, like other non-government secondary schools and colleges, the above Rifles Public School and College is also not a statutory body or local authority; further, in the case of Mafizul Haque vs. Mofizur Rahman and others reported in 48 DLR (AD) 121 this position has ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ......XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent injunction against the Government is not maintainable by such trespass..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... remained unused by the Government, the same should be de-requisitioned and returned to the original owners since policy decision was taken by the Government in 1984 and in the meantime in so many LA cases unused lands had already been de-requisitioned and returned to the original owners. The writ p...... Property Act 1948, right, title and interest, if any, of the owners are extinguished and preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Inv..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ....../89 dated 2nd March, 1989 issued by respondent No. 3, the Secretary-General of the Bangladesh Red Crescent Society, purportedly issued to give effect to the impugned amendments. 3. The appellant's case is that he has been a member of the Society since its inception in 1973, and its life-member si...... nature during the First World War, and more especially for the administration of the monies and properly held by the Joint War Committee, Indian Branch, of the Order of St. John of Jerusalem in England and the British Red Cross Society. The first members of that society were nominated by persons ..Category: Constitutional Law | Date: | Hits: 170
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