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....eds. order to dispute or nullify the Bainanama which admittedly bears their signatures. The learned District judge was not, therefore justified inreserving the decision of the learned trial Court and holding that the Bainanama was not executed by the defendant Nos.1 and 2 in the face of the fact tha......se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored.
There will be no order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 98...
Category: Procedural Law | Date: | Hits: 59
.... land by purchase and at times they stated that they got the land through inheritance, the trial Court placed more reliance on the documentary and oral evidence of the plaintiffs and decreed the suit holding that the plaintiffs have got prima facie right, title and possession in the suit land and th......e plaintiffs have got prima facie right, title and possession in the suit land and that if the plaintiffs possessed any more land than they are entitled to, then the defendants can file a suit for recovery of excess land from the possession of the plaintiffs. On appeal the judgment of the trial Cour..
Category: Property Law | Date: | Hits: 72
Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)
.... Ali having been arrested by the police after a long time was also mercilessly tortured; both the accused persons were illegally confined in the police custody and then produced before the Magistrate holding out threat that they would be taken back by the police, if they do not make confession accor......ture. It was also the case of the defence that the condemned prisoner Akhtar Hossain was brought from the place of his work at Baradi Bazar and at the instance of the interested quarter he was handed over to the police who by the application of torture and other methods extorted confession and as a ..Category: Criminal Law | Date: | Hits: 110
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....d Ain of 2002 and therefore, the said judgment and order dated 09.02.2011 may be reviewed by this Division. He finally submits that this Court committed an error apparent on the face of the record in holding that there is no bar to trial of the petitioner under provisions of the Anti-Corruption Comm......li J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tarique Rahman………………………………………………………………………………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Af..Category: Civil Law | Date: | Hits: 238
AKM Mohinus Saleh & others Vs. State, 1992, 21 CLC (HCD)
....s have passed but the trial has not as yet commenced for no fault of the accused petitioner but for the laches of the prosecution in procuring the attendance of the witnesses for disposal of the case holding trial and this added ground has given rise to an occasion for filing the instant application......accused petitioners having surrendered there on 8.3.1984 were enlarged on bail on 8.3.1984. The trial could not be held due to several adjournments taken by the prosecution and also for other reasons over which the accused petitioners and other co‑accuseds filed application under section 339C of t..Category: Criminal Law | Date: | Hits: 80
Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)
....ot applicable to the case of appellant. 5. It is contended by Mr. Khondker Mahbub Hossain, learned Advocate appearing on behalf of the appellant, that the learned Subordinate Judge erred in law in holding that the suit for mere declaration without any prayer for consequential relief was not maint...... Vs. The Province of the Punjab reported in PLD 1949 Lahore, 219 decreed a similar suit making a declaration in favour of the plaintiff that the order of dismissal from his service of the Provincial Government was void and inoperative and that he remained in service at the date of institution of the..Category: Employment/Service Law | Date: | Hits: 71
.... learned Advocates for the respective parties, now to deal with the contentions raised by the parties before us it would be convenient for us to decide first whether the Artha Rin Adalat was right in holding that the plaintiff bank could not prove its case and thus, the plaintiff bank is not entitle......1.
2. The brief facts of the case are that the appellant as plaintiff- Bank instituted Artha Rin Suit No.103 of 2001 before the Artha Rin Adalat, Khulna impleading the respondent-defendants for recovery of its outstanding dues amounting to Tk.1,21,02,510.00 as on 11.11.2001 on the averments that ..
Category: Civil Law | Date: | Hits: 217
....as been held that, adverse possession does not entitle the plaintiff to get a decree of declaration of title on adverse possession, whereas the trial court has passed the impugned judgment and decree holding that the plaintiff has acquired title and ownership in the suit land at least based on adver......t Ali Mukhtear Vs. Abdul Majid 27 DLR 385; Irfan Ali Vs. Joynal Abedin Miah (Late), 35 DLR (AD) 216; Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman, 42 DLR (AD) 225; Noor Mohammad Khan & others Vs. Government of the People's Republic of Bangladesh & others, 42 DLR (1990) 436; Moinuddin Ahmed al..
Category: Property Law | Date: | Hits: 89
Md. Abdul Halim Vs. Dr. Mohammad Tareque and others, 2011, 40 CLC (HCD)
....ofession. The contemner respondents did not do anything that would be regarded as contemptuous for alleged violation of the Court’s Order or the Court rather what they did was thought essential for holding high the position of the Bangladesh Bank and they complied the Court’s order. 11. Be th......ent No.5. Respondent No.6 Md. Aminul Huq, son of Abdul Huq, House No.8/5, Block–B, Lalmatia, Mohammadpur initiated a complaint against the respondent No.5 before the Honorable Minister of Finance, Government of the People’s Republic of Bangladesh alleging that the respondent No.5 was an illegal ..Category: Employment/Service Law | Date: | Hits: 115
Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)
....No.2. Writ Petition No.7119 of 2009. Judgment Moyeenul Islam Chowdhury J. - A Rule Nisi was issued calling upon the respondent to show cause as to under what authority the respondent No.2 is holding the public office of the Chairman of the Bangladesh Energy Regulatory Commission (BERC) unde...... in keeping with the provisions of the Act No.13 of 2003. It goes without saying that the BERC is an independent and neutral regulatory body. The BERC is a bridge serving as a referee in between the Government, private sector and energy consumers. The petitioner has not come up with the. Writ Petiti..Category: Employment/Service Law | Date: | Hits: 92
Altaf Hossain Vs. Abbas Ali and another, 1991, 20 CLC (HCD)
....plication giving rise to this present Rule. 4. Miss Nowazish Ara Begum in an able manner submits that the learned Munsif committed an error of law in his decision occasioning failure of justice in holding that the petitioner ought to have filled application under section 10 CPC before the appella......ouza Fulbaria on the allegations, inter alia, that the petitioner was the owner of the said land bill. In the last ROR operation the said land was wrongly recorded in Khatian No.1 in the name of the government as khas land. The opposite party No.1 claimed title in the said land on the basis of settl..Category: Property Law | Date: | Hits: 68
Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)
....rial Court which on hearing all concerned passed the impugned order on 6.1.88 allowing the petitions dated 30.5.85 filed by Mosharraf Hasan and Mokbul Hussain Khan under Order 22 rule 10 of the Code, holding that they acquired interest of Jagannath by purchase from him who as per the death certifica......scribed in the revisional application as opposite party No.2 "deceased Sree Jagannath Bondopadhya, son.") instituted the above mentioned suit against the present petitioner Sk. Shamsuddin Ahmed, the Government and the Additional Deputy Commissioner (Revenue), Khulna as principal defendants and some ..Category: Procedural Law | Date: | Hits: 77
Anil Krishna Mondal Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....ndent‑company for keeping excess money in his hand without information he was dismissed for lack of confidence. The Labour Court also found that the petitioner was also charge‑sheeted earlier. So holding, the Labour Court passed the impugned judgment and order of termination with all termination......he Labour Court is without lawful authority and is of no legal effect. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 367. ..Category: Labour and Industrial Law | Date: | Hits: 115
Aslam Hossain Chaklader Vs. Ali Nur and others, 1991, 20 CLC (HCD)
....ondents have therefore no prima facie claim or authority to collect tolls from the suit Hat for the year 1398 BS. If they sustain any injury or loss due to the alleged illegality or irregularities in holding the auction, they may realise compensation for the same, in case the suit is decreed. As the......e is now restrained from collecting tolls after purchase of the ejara by his good money. It is further alleged that the suit is not maintainable as no notice was served under section 80 of the Local Government (Upazila Parishad and Upazila Administration Re‑organisation) Ordinance 1982. 4. It..Category: Civil Law | Date: | Hits: 74
Abdul Awal and others Vs. Abdul Hamid and others, 1991, 20 CLC (HCD)
....d decree passed by Additional District Judge, 3rd Court, Dhaka has been attacked is that the learned Additional District Judge misread and misconstrued the judgment and decree Ext. C‑2 and erred in holding the transaction was between plaintiff and his step‑mother Azufa which was a private affair......haka on consideration of the evidence on record, both oral and documentary, passed the decree in preliminary form. Plaintiff respondent was allotted saham of one anna 5 gondas 2 krants 2/3rd danties covering 3.07 acres of land and other defendants were also allotted sahm in respect of the land lying..Category: Property Law | Date: | Hits: 69
Anwar Hossain and others Vs. Abul Hossain Molla and others, 1991, 20 CLC (HCD)
....r with the finding of the trial Court and held that sale deed Ext. 2 was a bona fide document for valuable consideration and it was duly acted upon and that the plaintiffs are the co‑sharers of the holdings. The learned Additional District Judge also held that sale deed executed and registered by ......nt. 4. Defence version in short is that defendant No.7 Azibar got 4.28 acres of land by purchase from Roushan Ali as per registered sale deed and that the purchaser exercised the act of possession over the entire land measuring 4.28 acres. Thereafter contesting defendant Nos.1‑6 purchased 1.30 ..Category: Property Law | Date: | Hits: 91
Bangladesh Vs. Md. Aslam and others, 1989, 18 CLC (HCD)
....d 2nd April, 1956. The Government have acquired by notification in the official gazette all the interests of land of rent receivers as specified in the notification in the respective Taluks, Tenures, holding or tenancy and all interest in any estate, Taluk or holdings in the khas possession of the t......ert that after taking Amaldari from the Manager of the said Tea Company and clearing the jungles, plaintiff No.1 was possessing the same without any interruption or obstruction. That defendant No.1, Government of Bangladesh, served a notice of eviction under Act 10 of 1953 and being threatened he fi..Category: Property Law | Date: | Hits: 96
Haroon and another Vs. Mst. Sufia Khatun and another, 1990, 19 CLC (HCD)
....gible a short statement of facts is necessary. 2. The opposite parties obtained a decree for eviction of their monthly tenant M/s. Jamil Auto Centre and its proprietor, Mustafa Jamil Ahmed, from a holding at Sir Syed Road, Mohammadpur, Dhaka When the decree was in execution the writ for delivery ......e. However, the petitioners who are third parties to the decree came up with an application saying that they were in possession of the properties in question in their own right as allottees from the Government and, therefore, were not bound by the decree of ejectment obtained by the decree‑holders..Category: Civil Law | Date: | Hits: 89
.... without giving him any opportunity of being heard. Under the provision of the statute of the University an action affecting the service of a teacher can be taken only upon drawing up proceedings and holding enquiry and affording the teacher an opportunity of being heard in respect of the allegation......iversity of Sagar and another, AIR 1960 Madhya Pradesh 208; AIR 1954 (SC) 217; Pakistan Vs. Himayat Ullah Farukhi, PLD 1969 (SC) 407; Abdul Hashim Vs. Chairman, National Board of Revenue, 32 DLR 55; Government of East Pakistan Vs. Md. Hossain Ali, 8 PLR 1958 (Dacca) 820; Omprakash Gupta Vs. The Stat..
Category: Employment/Service Law | Date: | Hits: 155
State Vs. Amin Huda, 2011, 40 CLC (AD)
....44 of the Act, 1990 in interpreting section 39 thereof. In the context, the learned Judges of the High Court Division also misread the plain and unambiguous language of section 39 of the Act, 1990 in holding that the section has made it mandatory to investigate an offence committed under the Act eit......s, foreign liquors, ice pill tablets and machineries for manufacturing Yaba tablets at House No.41, Road No.123 under Gulshan Police Station, raided the said house on 25-10-2007 at 00:05 hours and recovered 132 bottles of phensydils, 1 Viagra tablet and some foreign currencies. On the basis of the s..Category: Criminal Law | Date: | Hits: 112
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