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Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)
.... judgment and decree dated 26.01.1994 passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ......he High Court Division and the same was allowed by a Single Bench of the High Court Division after setting aside the judgment and decree passed by the lower appellate court decreeing the suit. The case of the plaintiffs is that the suit land bearing C.S. Plot No. 490 was part of a river during t...... allowed by a Single Bench of the High Court Division after setting aside the judgment and decree passed by the lower appellate court decreeing the suit. The case of the plaintiffs is that the suit land bearing C.S. Plot No. 490 was part of a river during the C.S. operation of 1318 B.S. and the ..Category: Property Law | Date: | Hits: 34
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
.... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ...... Match factory was in closed condition and the membership of the respondent No.1 did not constitute 30% of the workers in employment it became non existent. The respondent No.1 contested the above case and filed written statement denying the material allegations made in the above petition of the...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......operty and in that state of the matter the appellant prayed for return of the money but the same was not returned to the appellant. The appellant as allottee having had not paid rent a certificate case was initiated against it. The appellant challenged legality of the certificate proceeding by f...... as claimed by the bank was an equitable mortgage as regard tne property in question and other properties of Respondent No.3 and as such there is no occasion for the bank to be in possession of the land as security of the mortgage in question. The above being the factual position the High Court ..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ......nowledging receiving of the Bank draft and the letter of authorization executed in favour of Bank's nominee authorizing lifting of fertilizer allotted to defendant Nos. 3 and 4. 3. It is the case of the Bank that allotted consignment of fertilizer was not delivered to the authorized office......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Banking Law | Date: | Hits: 129
Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)
....gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......eputy Commissioner, Rangpur was defendant in Other Suit No. 60 of 1981 in the Court of the Subordinate Judge, Rangpur at whose instance this appeal has been preferred. 2. The plaintiff respondents case is that an area of 92.28 acres of lands out of 105.50 acres including the suit land of C.S. Plo......nt in Other Suit No. 60 of 1981 in the Court of the Subordinate Judge, Rangpur at whose instance this appeal has been preferred. 2. The plaintiff respondents case is that an area of 92.28 acres of lands out of 105.50 acres including the suit land of C.S. Plot No.1 of C.S. Khatian No. 7 was taken ..Category: Limitation Law | Date: | Hits: 156
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......e seriousness of their injuries and that the police arrested the accused Nos. 3, 5, 8, 26, 27 and 28 on the spot from the place of occurrence with unauthorised arms in their possession and another case under Arms Act was started and that the present case being investigated the police submitted c......ion, in short, are that one Md. Mojibur Rahman lodged First Information Report against the petitioner and others alleging, inter alia, that they had enmity with the petitioner and others regarding landed property. On 08.12.2001 the petitioner and others formed themselves into unlawful assembly b..Category: Criminal Law | Date: | Hits: 47
Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)
....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......minal Revision No. 546 of 2003 summarily rejecting the application filed under section 435 read with section 439 of the Code of Criminal Procedure. 2. The petitioner was charge sheeted in a case under section 302/34 of the Penal Code now pending in the court of the Chief Metropolitan Magi......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 102
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......ifficult to accept that the law and the calendar of the University is a hurdle to re-examination of the answer script. In that state of the matter and in the facts and circumstances of the instant case justice could only be done to the writ petitioner by re-examination of the answer script in qu......have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ..Category: Civil Law | Date: | Hits: 97
Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)
....he appellate Court affirming the judgment and decree of the trial Court is restored. There is no order as to costs. Ed. This Case is also Reported in: I ADC (2004) 421. ......and erected one hut and that during the pendency of Appeal No. 92 of 1979 the defendant No. 1, converted the hut erected earlier in to a 'chouchala' hut and also erected some other huts. It is the case of the plaintiff since he has been dispossessed from the portion of the land in suit on May 1,......Judge, Damurhuda, Chuadanga, in Title Suit No. 30 of 1985 decreeing the suit which was filed seeking declaration of title, confirmation of possession, recovery of khas possession of some portion of land in suit and for a further declaration that the kabala in the name of defendant No. 8 is void ..Category: Property Law | Date: | Hits: 48
State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)
....gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ......secution. PW 1 Bimal Kumar Das being the informant as well as Investigating Officer was examined again as PW 23. The husband of the deceased was examined as a court witness. 6. The defence case, as appeared through the trend of cross-examination, was that deceased Chapa was injured by so......gainst them. In default, the District Magistrate concerned shall take step for effecting their arrest to undergo the sentences. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 77. ..Category: Criminal Law | Date: | Hits: 129
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......omplainant on oath and thereafter on the basis of inquiry report, the Magistrate issued summons against the accused-persons including the petitioner and thereafter issued warrant of arrest and the case was registered as G.R. Case No. 19 of 1996 under sections 420/406/468/471 and 109 of the Penal......accused No.1 is residing abroad and 4/5 months ago he came from abroad and made the conspiracy. It was stated in the petition of complaint that the complainant's husband died 2/3 years ago and the lands mentioned in the petition of complaint belonged to her and she was possessing the same and th..Category: Criminal Law | Date: | Hits: 37
Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)
....ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatungonj, Chittagong and others ............. (3) A penalty imposed by an order under sub-section (2) shall, if it is not paid within the time specified in the order, be recoverable as an arrear of land revenue. (4) The Government may, upon an application made in this behalf by any per..Category: Labour and Industrial Law | Date: | Hits: 95
Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)
....ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ......ground to interfere with the judgment of the High Court Division. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 111. ..Category: Civil Law | Date: | Hits: 104
Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......eir respective sahams as allotted by the learned Munsif, in preliminary decree. The petitioner filed an application for stay of the further proceedings of the said execution case and dismissed the same under Order 21 rule 29 read with section 151 of the Code of Civil Proc......n with the defendants managed to get the instant fraudulent preliminary decree behind the back of the petitioners and thereafter the same was made final inasmuch as they have got the shares in the land under partition. As the petitioners challenging the said decree instituted Title Suit No.483 o..Category: Property Law | Date: | Hits: 34
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......the same land but the defendant No.12 and others by purchasing some land from one of the co-sharers, threatened to dispossess the plaintiffs. 4. Defendant No.12 contested the suit. His main case is that the kabala of Chapala Bala was never acted upon and no consideration was passed. This......discharging the Rule and affirming the judgment and decree of the appellate court. 3. Plaintiff-respondents filed Title Suit No. 106 of 1975 for declaration of their title in the suit land measuring 13.79 acres. The plaintiffs claimed that heirs of original owners sold the suit land..Category: Procedural Law | Date: | Hits: 113
State Vs. Omar Ahmed, 2008, 37 CLC (AD)
.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......ve is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 1882 of 2003 making the Rule absolute. 2. Prosecution case, in brief, is that on 07.03.2002 at about 7.30 P.M. the informant's brother Azahar Gazi was t...... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ..Category: Criminal Law | Date: | Hits: 41
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
...... function of the shebait on his behalf………..(11)
Lawyers Involved:
Abdus Salam Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. (In all the cases).
Abdul Quayum, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-......o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
..
Category: Civil Law | Date: | Hits: 111
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ...... completion of 25 years, of service upon resorting to the provision of Regulation 11A (2) of the Bangladesh Biman Corporation Employees (Service) Regulations, 1979 came up for consideration in the case of Bangladesh Biman Corporation Vs. Lt. Col. (Rtd) Md. Zainul Abedin and others reported in (2...... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ..Category: Employment/Service Law | Date: | Hits: 79
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......h of the High Court Division in Criminal Appeal No. 1296 of 1994 arising out of Special Case No. 19 of 1991 in the Court of 2nd Additional Judge, and Special Judge, Kishoreganj. 2. The prosecution case, in short, is that while the accused appellant, Md Alauddin Bhuiyan had been working as Nazir o......al Judge, and Special Judge, Kishoreganj. 2. The prosecution case, in short, is that while the accused appellant, Md Alauddin Bhuiyan had been working as Nazir of Tarail Upazila Revenue Office (AC land's office) in the year of 1987, he received lease money from the different lease holders and auc..Category: Anti-Corruption Laws | Date: | Hits: 90
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......inal Procedure seeking quashing of the proceedings of Case No. 520(1) of 1995 under sections 467/479/109 of the Penal Code, pending in the Court of Magistrate, 1st Class, Tangail. 2. The aforesaid case No. 520(1) of 1995 of the Court of Magistrate, 1st Class, Tangail was registered upon a petitio......t filed by the complainant-respondent No.1 Abdur Rahim Sheikh before the Court of Magistrate, 1st Class, Tangail on December 31, 1994 alleging, inter alia, that he, his brothers and sisters inherited land measuring 4.59 acres and enjoying the said land on payment of rent, that the opposite parties i..Category: Criminal Law | Date: | Hits: 48
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