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State Vs. Moniruzzaman Kazi alias Thanda Kazi, 2006, 35 CLC (AD)
....commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J The State...........................Appellant vs Moniruzzaman Kazi alias Thanda Kazi..........Respondent (In all cases) Judgment October 20, 2005. Lawyers Involved: Golam Kibria, De......commit any error in acquitting the accused. In view of the discussion made above we do not find any substance in this appeal. The criminal appeal is therefore, dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......hitecture of the BUET on the date on which the impugned appointments of respondent Nos.4 and 5 had been made and to place the writ petitioner's name in the seniority list accordingly. 2. The case of the writ petitioner, in short, is that the writ petitioner respondent No. 1 joined in the ...... appointed as Professor in the Department of Architecture, BUET superceding the case of the writ petitioner who has a Master's degree in Architecture and Ph.D. from the University of Sheffield, England. It may be mentioned here that the writ petitioner was subsequently promoted as Professor in t..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ......No.1 threatened to dispossess the plaintiff. Hence is the suit. 3. The defendant No. 1 contested the suit by filing written statement denying the material allegations made in the plaint. His case is that he purchased the suit land by registered kabala dated 19.09.1969 and has been in posse......le. 2. Short facts are that the plaintiff filed Title Suit No. 8 of 1977 in the 3rd Court of Munsif (now Assistant Judge), Khulna for declaration of title stating, inter alia, that the suit land along with other lands originally belonged to Monindra Nath Mondal, the defendant No.2 in..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...... plaintiff, that there is no evidence that on the basis of the deed of gift plaintiff's father went into possession, that no independent witness has been examined by the plaintiff to prove his case. On the aforesaid finding the trial Court dismissed the suit. 4. The Plaintiff went on......and decree dated December 15,1998 of the Court of Assistant Judge, Sadar, Sylhet in Title Suit No. 102 of 1988 dismissing the same. The suit was filed seeking declaration of title in respect of the land described in the schedule attached to the plaint. It may be mentioned the appellate Court upo..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......assir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Chairman, Board of Intermediate and Secondary Education, Jessore and others.......... Appellants (In all the cases) vs Golam Quddus & anr...Respondents (In C.A. No. 244 of 2002) Abul......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
....er alluvion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......0, 1992 of the Court of Assistant Judge, Nazipur, Pirojpur in Title Suit No.41 of 1991 decreeing the suit. The suit was filed seeking declaration of title in the land in suit. 3. Plaintiffs case in short, is that land measuring 6.20 acres of No.23 khebog owned by Daraj Ullah and Nazir Ud......dgment and decree dated September 30, 1992 of the Court of Assistant Judge, Nazipur, Pirojpur in Title Suit No.41 of 1991 decreeing the suit. The suit was filed seeking declaration of title in the land in suit. 3. Plaintiffs case in short, is that land measuring 6.20 acres of No.23 khebog..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3.The case of the plaintiff, in short, is that the land in suit, which is homestead, belonged to Jairudd......sistant Judge), Nawabganj in Other Class Suit No. 28 of 1977 decreeing the same. 2. The suit was filed seeking declaration of title and khas possession upon evicting the defendants from the land in suit. 3.The case of the plaintiff, in short, is that the land in suit, which is home..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......e as he was discharging his job on the day at his office at Sher-E-Bangla Nagar and that being envious of successful eviction by the writ petitioner-respondent, interested quarters filed criminal cases against the writ petitioner respondent but all the cases ended in the final report against hi......in 1981 and from time to time was promoted to various posts and lastly was transferred as Director (current charge) Phones, Dhaka Telecommunication Region (North), Dhaka on 07.10.2001 and that some lands and residential quarters of BTTB situated at Motijheel, Maghbazar and other areas were illeg..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......el for the respondent and the High Court Division and other connected papers. 6. It is not disputed that the suit property was allotted to Abdul Jalil as refugee from India. The plaintiff's case is that during the war of liberation Abdul Jalil temporarily took shelter at Murapara Camp of ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......e Division (Civil) Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Commissioner of Customs and anr......Appellants (In all the cases) Vs Bangladesh Traders, Dhaka………………&he......g the value @ U.S of 2.10 per sheet, the writ petitioner respondent by opening Letter of Credit dated 13.07.1999, imported 5600 sheets of Hard Board of similar size that is 8' x 4'x2. 5mm from Thailand and after the arrival of goods submitted bill of entry for assessment of customs duty and othe..Category: Fiscal/Taxation Law | Date: | Hits: 95
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......pondent was compulsorily retired from service by the Managing Director of the bank and the order was communicated by the General Manager, Head Office by order dated 04.06.1988. The respondent filed case No. 37 of 1989 before the Administrative Tribunal, Dhaka under section 4(2) of the Administrat......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
....y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......f the record of right on 05.02.1974 filed the suit. 3. Defendant Nos.1-4 contested the suit by filing a joint written statement and denied the material allegations made in the plaint. Their case is that Basanta Kumar was not the Karta of their family as they have been living in separate m......facts are that the plaintiffs filed Other Class Suit No. 56 of 1974 in the Court of Subordinate Judge (now joint District Judge), Rangpur for declaration of title stating, inter alia, that the suit land belonged to Basanta Kumar, Haladhar, defendant No.1 and Bharat Chandra in 8 annas share and A..Category: Property Law | Date: | Hits: 37
Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)
.... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ...... the Chief Justice for consideration there is no other court for presentation of the plaint. This view of the High Court Division was totally wrong. 11. In the facts and circumstances of the case, we are of the view that the High Court Division committed an error of law in allo...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 76
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......king advantage of the civil court vacation and in violation of the order of status quo passed on 23.7.1997 the defendant-petitioner on 24.12.1997 illegally erected houses and structures on the suit land. The defendant-petitioner resisted the prayer submitting, inter alia, that he had his houses ..Category: Property Law | Date: | Hits: 34
Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)
....into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ...... The appeal was filed against the judgment and order dated 10.8.1996 of the Administrative Tribunal (AT) Dhaka in Case No. 310 of 1994 dismissing the same. 2. Respondent filed the aforesaid case before the AT challenging the order dated 18.8.1994 of the Ministry of Finance cancelling his......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..Category: Administrative Law | Date: | Hits: 123
Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)
.... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ......e that sale of the suit property by auction to other than the plaintiff was illegal and also for a further decree that the auction schedule to be held on 31 July 1985 or thereafter was illegal. The case of deceased plaintiff, inter alia, is that he took rent of the suit property from one Md. Ami...... M/s. General Exporters and also had been using the suit property for residential purpose. He continued to pay rent at the rate of Tk. 90/- per month till February 1972. He failed to trace out the landlord after February 1972 and therefore applied to the Sub-Divisional Officer, Sadar Dhaka for d..Category: Property Law | Date: | Hits: 41
Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)
....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......n the Court of Munsif at Krishnagar, India on the basis of the said agreement for exchange and got a decree. The present plaintiff preferred an appeal but the plaintiff lost the appeal. The further case of the plaintiff is that in pursuance of that contract the plaintiff handed over possession of......es to the plaintiff in Bangladesh in pursuance of the contract. But when the plaintiff came to this country on query he learnt that Ghose brothers had no right, title and interest in respect of the lands of Mouza Hardi and Paltadanga though some lands of these two mouzas were shown in the agreeme..Category: Property Law | Date: | Hits: 32
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......matter of the earlier suit i.e. Other Class Suit No. 37 of 1987 to prevent the abuse of the process of the Court. To substantiate this particular submission the learned Counsel has referred to the case of Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman reported in 12 BLD (AD) 247 and the ca......ter recording evidence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. Th..Category: Civil Law | Date: | Hits: 122
Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)
....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......uary 28, 1989 of the 4th Court of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was ......ourt of Assistant Judge, Dhaka, passed in Title Suit No. 563 of 1987 dismissing the same. 2. The suit was filed seeking decree for permanent injunction. Plaintiff's case in short is that the land in suit and some other land belonged to his father and the same was requisitioned in L.A. Case..Category: Property Law | Date: | Hits: 32
A.N.M. Gaziul Azim Vs. M.A. Kader and others, 2006, 35 CLC (AD)
....ny error and as such no interference is called for. 7. In this view of the matter we do not find any substance in this petition and accordingly the leave petition is dismissed. Ed. ......ained from making any katcha and pucca construction or from making any structure of any pucca building or from changing the nature and character of the suit land till disposal of the miscellaneous case. The present petitioner filed Miscellaneous Appeal No. 208 of 2003 against the aforesaid order......present petitioner and others were restrained from making any katcha and pucca construction or from making any structure of any pucca building or from changing the nature and character of the suit land till disposal of the miscellaneous case. The present petitioner filed Miscellaneous Appeal No...Category: Property Law | Date: | Hits: 34
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