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Enjaheruddin Mia alias Md. Enjaheruddin Mia Vs. Mohammad Hossain and others, 1998, 27 CLC (AD)
.... appellate Court. The impugned judgment of the High Court Division thus, does not call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 84. ......1-3 is forged, illegal, collusive and not binding upon them and that the suit land has been wrongly recorded in the SA Khatian to the extent of 8 annas share in the name on uncle Haji Abdullah. Their case, in short is that their father late Yasin Sheikh acquired the suit properties by different patt......bdur Rouf J.- The plaintiff- petitioner along with his brother respondent No. 15 Md. Tota Mia on 29-3-86 instituted Title Suit No. 65 of 1986 initially for declaration of their title to 5.58 acres of land, which was subsequently raised by way of amendment of the plaint to 9.41 acres by incorporating..Category: Property Law | Date: | Hits: 93
Moulvi Md Khurshid Alam Vs. Bangladesh, 1997, 26 CLC (AD)
....vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ......rar would be appointed for 5 to 10 Unions. Amended Rule 10 of the Rules runs as hereunder- “10. Jurisdiction.- (1) The area for which a Nikah Registrar may be licensed shall be- (a) in the case of Municipal Corporation, two to four Wards; (b) in the cases of other Municipalities, three......vernment’s powers under section 4 of the Act is concerned. This petition, thus, merits little consideration. It is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 82. ..Category: Employment/Service Law | Date: | Hits: 137
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......dismiss an election petition, if- (a) the provisions of Article 50 or Article 51 have not been complied with.” 11. Admittedly, all the candidates in the election have been impleaded in this case, it therefore, follows that all the necessary parties have been joined as respondents to the el......reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ..Category: Election Law | Date: | Hits: 168
Aung Shwe Prue Chowdhury Vs. Kyaw Sain Prue Chowdhury and others, 1997, 26 CLC (AD)
....gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ......agong Hill Tracts Regulation 1900 and directing the Commissioner, Chittagong Division, Chittagong Hill Tracts to arrange his investiture under Regulation 48 of the said Regulations. 2. It was the case of the writ petitioner (appellant herein), Aung Shwe Prue Chowdhury that Bandarban Hill Tracts ......gladesh Gazette on 21-11-96 is declared to have been made and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 73. ..Category: Civil Law | Date: | Hits: 203
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......rt and it is in the discretion of the Court to grant or not to grant leave. It cannot be said that the learned Subordinate Judge failed to exercise his discretion properly in the facts of the present case. That being the position, the learned Advocate for the petitioners could not get over t......inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ..Category: Civil Law | Date: | Hits: 137
Abdur Rahman and others Vs. Kheru Malitha and others, 1998, 27 CLC (AD)
....etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ......n the First Court of Munsif, Kushtia for declaration of title with averments which are not necessary to be stated to decide the legal postulation made in this petition. 2. The plaintiff lost the case at the trial Court. His appeal, Title Appeal No. 84 of 1981 was also fruitless. The plaintiff t......etition is out of time by 33 days and the explanation for the delay is satisfactory. For all these reasons the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 71. ..Category: Property Law | Date: | Hits: 77
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ...... and for further declaration that the proceedings taken in the Vested Property (briefly VP) Case No. 6 of 1984 in respect of the said property is illegal, void and not binding upon them. 2. Their case, in short, is that their mother Parbati Bala Gharami took pattan of the suit land comprising an......ed 27-5-1993 passed by the learned Assistant Judge, Additional 2nd Court, Barisal dismissing on contest Title Suit No.82 of 1992 for declaration of the plaintiff-respondents’ title to 3.90 acres of land and for further declaration that the proceedings taken in the Vested Property (briefly VP) Case..Category: Property Law | Date: | Hits: 73
Gazi Shamsul Hoque Vs. Deputy Commissioner, Dhaka and another, 1997, 26 CLC (AD)
....ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ......ent No. 2. There may not be any express power in any Statute to exercise magisterial power while reinstating respondent No. 2 but the Deputy Commissioner in the facts and circumstances of the present case does not appear to have erred on the wrong side of equity. His intervention may have been outsi......ight of respondent No. 2 we are not inclined to interfere in the matter. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 69. ..Category: Employment/Service Law | Date: | Hits: 115
Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)
....te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......t Division is satisfied that the lower appellate court has failed to consider any material evidence in reversing a finding of fact arrived at by the trial court, the proper course is to sent back the case on remand to the appellate court for re-hearing the appeal upon proper assessment of the eviden......sore dismissing Title Suit No. 69 of 1988. 2. The predecessor-in-interest of respondent Nos. 1-14 late Razab Ali Molla instituted the aforementioned suit for declaration of his title to the suit land. The case of the plaintiff, in brief, is that the suit land originally belonged to two brothers..Category: Property Law | Date: | Hits: 74
Bangladesh Vs. AM Mansur Ahmed & others, 1997, 26 CLC (AD)
.... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ......mental appeal, which was dismissed on 12 March 1989. 3. Respondent No.1 took the matter before the Administrative Tribunal by means of Tribunal Case No. 155 of 1989. The Government contested the case. The Tribunal upon hearing both sides found that there was illegality or irregularity in the de...... without any order as to costs and the orders of the Administrative Tribunal and the Administrative Appellate Tribunal be set aside. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 65. ..Category: Administrative Law | Date: | Hits: 145
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ...... following leave, is from judgment and order dated 17th January, 1994 passed by a Division Bench of the High Court Division dismissing First Miscellaneous Appeal No. 140 of 1993. 2. Facts of the case, briefly, are that, the appellant invited a tender for preparation of computerized telephone an......e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ......same judgment and order dated 30 August 1995 passed by a Division Bench of the High Court Division in Writ Petition Nos. 1582, 1583, 1584 and 1585 of 1995 making the Rules absolute in the first three cases and discharging the same in the last case. 2. Admittedly appellant No.1 Abdul Jalil of Civ......anner and further seeking an order for the custody of those children. 3. Facts as disclosed by the mother in her writ petitions, briefly, are that, she is a British citizen having been born in England on 24-4-1968. Her father is from Bangladesh having been a member of the Dagon Bhuiyan Union Par..Category: Family Law | Date: | Hits: 250
Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)
....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......80 passed by the Subordinate Judge, 4th Court Dhaka in Title Suit No. 167 of 1975 decreeing the suit. 2. The plaintiff-respondent filed the aforesaid suit for specific performance of contract. The case of the plaintiff is that the Suit lands comprising of homestead, orchard, tank, etc. belonged t...... Court Dhaka in Title Suit No. 167 of 1975 decreeing the suit. 2. The plaintiff-respondent filed the aforesaid suit for specific performance of contract. The case of the plaintiff is that the Suit lands comprising of homestead, orchard, tank, etc. belonged to defendant Nos. 1 and 2 who entered in..Category: Property Law | Date: | Hits: 86
Hasna Banu & others Vs. Keamat Ullah Malitha and others, 1997, 26 CLC (AD)
.... Court on the question of limitation and decreed the suit. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 50, 18 BLD (AD) 10. ......law of defendant No.1 filed the suit against them for a declaration that registered kabala dated 17-10-66 is void, fraudulent, without any consideration and not binding upon the plaintiff. The plaint case is that her son defendant No. 2 on the strength of the kabala dated 17-10-66 recorded the suit ......10-66 is void, fraudulent, without any consideration and not binding upon the plaintiff. The plaint case is that her son defendant No. 2 on the strength of the kabala dated 17-10-66 recorded the suit land in the name of his wife, defendant No. 1, on the plea that his mother executed and registered t..Category: Procedural Law | Date: | Hits: 154
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......ned to consider whether the High Court Division failed to determine what are requisites of a valid Hindu marriage and whether the essential requisites for a valid marriage were omitted in the instant case rendering the marriage invalid. 8. Mr. SR Karmaker appearing for the appellant relied on pa......sion have settled the fact that there was a marriage ceremony between the parties in the temple of the deity Kali in presence of many person. Both the courts, however, laid stress upon exchange of garlands between the plaintiff and the defendant in proof of marriage omitting to mention the other cer..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......992 and allowing the application in Writ Petition No. 813 of 1993 by judgment and order dated 16-11-94 granted leave to the respondent-appealants under Article 103(2)(a) of the Constitution “as the case involves a substantial question of law as to the interpretation of the Constitution particulary......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..Category: Others | Date: | Hits: 112
Samad Sikdar and others Vs. State, 1997, 26 CLC (AD)
.... Judges of the High Court Division in appeal, the same calls for no interference. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 24. ......e ground. The other accused persons also assaulted the deceased causing serious bleeding injuries on different parts of the body. Subsequently the deceased died in Jazira Hospital. 3. The defence case is that the accused petitioners are innocent and they have been falsely implicated in this case......eceased Hatem Sikder alleging that the accused-petitioners along with others on 11-9-89 at about 8-00 AM being armed with deadly weapons by forming an unlawful assembly came to cut away jute from the land of deceased Hatem Sikder who tried to resist the accused persons. At this accused Abdul Mannan ..Category: Procedural Law | Date: | Hits: 157
State Vs. Raihan Ali Khandker and others, 1997, 26 CLC (AD)
....orroborated opinion of handwriting and fingerprint expert. We do not find any ground for interfere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 23. ...... 1 Md. Raihan Ali Khonder. 3. The learned Magistrate referred the complaint petition to the District Bureau of Anti-Corruption for investigation and report fixing 28-2-87 for the next date of the case. On 28-2-87, PW 11 prayed for an adjournment and accordingly 30-3-87 was fixed for submission o......era being Complaint Case No. 5 of 1987 against the accused-respondents and others under sections 419/420/467/109 of the Penal Code, alleging that one Mojahar Ali Mollah was the owner of 8.91 acres of land. He died on 10-6-79 leaving behind no issues. After his death his only heir (uncle) Wahed Ali M..Category: Procedural Law | Date: | Hits: 120
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......y’s right to use and enjoy its own property before any decree is passed, the Court should be very circumspect in allowing such prayer and must decide the matter on the strength of the facts of each case. A big company like respondent No. 1 could not be and should not be prevented from drawing its ......filed another petition under section 151 of the Code of Civil Procedure with a prayer for attachment before judgment of the same properties, namely, the bills of respondent No. 1 (schedule 1) and the landed properties (schedule 2). The learned Subordinate Judge again passed an order on the same day ..Category: Procedural Law | Date: | Hits: 134
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