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Darasatullah and ors. Vs. Manik Mondal and ors., 1984, 13 CLC (AD)
....land. During the rent roll operation the suit was correctly recorded in the name of Felu Mondal, the predecessor-in-interest of the plaintiffs and accordingly he paid rent for the suit land to the Government. The defendants without having any right, title, interest and possession in the suit lan...... appellate court. In the result, the appeal is, therefore, dismissed but there will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 88. ..Category: Property Law | Date: | Hits: 30
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....can be decided without entering into evidence and hearing the suit on merit and plaint can be rejected under Order 7, rule 11 of the Civil Procedure Code, whether in the absence of any Rules of the Government for filing any formal application for extension of time beyond two years under section ......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....dents and the S.D.O. but notwithstanding the said show cause the plaintiff filed the suit for specific performance of contract and recovery of possession against the defendant. 3. The Government of Bangladesh contested the suit contending, inter alia, that the alleged Bainapatra was......ring by an advocate. For instance, the High Court Division questioned the genuineness of the Bainapatra and the signature thereof and concluded "so from the evidence adduced by the plaintiff nobody was a witness to the defendant No. 1 signing the document Ext. 1, the Bainapatra". Then ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....ords require the land for making pucca construction. Had the land been leased out many other consequences would have followed, such as yearly rent of the land would have been paid by the tenant to Government on state acquisition, his name would have been recorded in Municipal Registrars and......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Saleh Ahmed Joarder Vs. People's Republic of Bangladesh, 1984, 13 CLC (AD)
....ounts to refusal such an officer cannot invoke aid of the court for declaring the impugned order illegal……………….(19) Cases Referred to- Government of Bangladesh Vs Md. Ismail Hossain, 31 DLR (AD) 127; Mohammad Siraj Vs Pakistan, PLD 19......ith the order reverting the petitioner to his substantive post is, therefore, not open to exception. The petition for leave to appeal is accordingly dismissed." ..Category: Employment/Service Law | Date: | Hits: 105
Nasiruddin Mahmud & others Vs. Momtazuddin Ahmed & another, 1983, 12 CLC (AD)
....rt of Wards (1872) L.R. 4 P.C. 419 A.I.R. 1951 Calcutta, A.I.R. 1965, (SC) at page 1433; Akamuddin Ahmed Vs. The State, 27 DLR (AD) 175(177); Abdul Quader Chowdhury Vs The State, 28 DLR (AD) page 39; Government of Bangladesh Vs A.T. Mrida. 26 D.L.R.(SC) 17; Abdul Quader Chowdhury V. The State, 28 DL......or that partnership share of it belong to any particular partner. It was observed: "That being so, if one partner retains a partnership assets can it be said that property belonging to somebody else has been entrusted to him, or at least the share of his co-partner has been entrusted to h..Category: Criminal Law | Date: | Hits: 146
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
....ree and the purchaser was put into possession of a land. Thereafter an application under section 47 was filed for setting aside the sale taking the ground that the property had been acquired by the Government before the sale took place. The application was rejected on the ground that after confir......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Abdul Quddus Vs. The State, 1991, 20 CLC (AD)
.... of sentence, we find it very difficult to reduce the sentence of death to the lesser sentence of imprisonment for life. Accordingly, the appeal and the jail petition are dismissed. Ed. ......#8209;Inspector Kazi Anwarul Islam recorded the First Information Report. PW 14 Dr. Md. Shamsul Haque, the Resident Medical Officer of Pabna Sadar Hospital held post mortem examination on the dead body of deceased Dilara and found the following injuries: "(1) One incised wound..Category: Criminal Law | Date: | Hits: 58
Jatin Chandra Sit and others Vs. The State, 1991, 20 CLC (AD)
....e is reduced to RI for 7 (seven) years. The sentence under section 201 Penal Code is made concurrent with the above sentence instead of consecutive as ordered by the Sessions Judge. Ed. ......ppellant Jatin beat Usha Rani by the branch of Kapula Tree in the morning and evening. Heaving been beaten she fell down on the ground whereupon Jatin kicked her on the belly and other parts of the body causing haemorrhage. On the following day, i.e. 13.11.83. She was taken to the Sadar ho..Category: Criminal Law | Date: | Hits: 51
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....vil Procedure for rejection of the plaint. 2. These three appeals have been heard together and will be disposed of by this common judgment. 3. By Memo No. 1809/4(4) dated 2.8.78 the Government of Bangladesh in the Ministry of Communications, Roads and Highways entered into an agre...... the Memo was addressed, namely, the Additional Chief Engineer, treated the Memo. in question as an award which, he submits, is evidenced from the note given by the Additional Chief Engineer on the body of the Memo in question as follows : &l..Category: Others | Date: | Hits: 88
Chairman, BCSIR, Dhanmondi, Dhaka & other Vs. Abdul Khaleque, 1991, 20 CLC (AD)
....ng a full time job in the National Laboratories Ltd., Abhoy Das Lane, Dhaka‑2 and receiving financial benefits from there and that his acts constituted gross misconduct under Rule 2(c) of the Government Servants (Discipline and Appeal) Rules, 1976. In his reply dated 19th June, 1982, to the......its order because the impugned order of dismissal was not passed within the time‑frame of the 1984 Rules, the appellants had adopted as their own. The appeal is dismissed with costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 125
State Vs. Shafique and others, 1991, 20 CLC (AD)
....neral being one essentially related to the assessment of evidence, it is difficult to interfere with the acquittal order. Hence, both the appeal and the leave petition arc dismissed. Ed. ......cused persons nor deceased Dudu. PW 1 also heard from others that deceased Dudu was taken from his shop by the accused persons at about 8‑00 PM. In the morning they came to know that the dead body of deceased Dudu was lying in the deserted bhiti of Adhar Nath in the village and going over t..Category: Criminal Law | Date: | Hits: 49
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....vil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment F......they have rightly been interfered with by the High Court Division. Finding it difficult to defend the appellate Court's judgment the learned counsel for the appellants contends that since it is no body's case that the suit land is res nullius and the trial Court after finding that the Government..Category: Property Law | Date: | Hits: 25
Alhaj Md. Serajuddowlah Vs. The State, 1991, 20 CLC (AD)
....id Abdul Khaleque Bain (co‑accused), had left for Pakistan immediately after the independence of Bangladesh. The said Abdul Khaleque Bain obtained settlement of the disputed property from the Government in 1958, the lease deed was registered in 1959 and he constructed a building on the land...... a consideration of Tk. 3, 00,000.00 although the disputed property was sold at Tk. 84, 00,000.00 to the highest bidder. The disputed property, it has been asserted, is an abandoned property and nobody has any right to make a transfer of the same without the permission of the Government. The sal..Category: Criminal Law | Date: | Hits: 57
State Vs. Khasru @ Syed Mostafa Hossain and another, 1991, 20 CLC (AD)
.... the learned Judges of the High Court Division wrongly relied on those decisions in acquitting accused Khasru. Order of the Court. By majority decision the appeal is dismissed. Ed. ......hose cases in which the victim, in the present case a minor boy, is called away by and seen in the company of the accused for the last time before disappearance and then some time thereafter the dead body of the victim is found out. More often than not, ocular evidence of murder is not available and..Category: Criminal Law | Date: | Hits: 38
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
....7 the second party filed a written statement in paragraph 5 whereof he stated that lie was not at all connected with CS plot No. 533 or SA plot No. 1348 or RS plot. No. 2630. After acquisition the Government converted the acquired lands into industrial plots and industrial plot No. 170 (north) w...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
Muzaffar Ali and other Vs. Government of Bangladesh and another, 1991, 20 CLC (AD)
.... (Writ) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Muzaffar Ali and other..................................................Appellants Vs. Government of Bangladesh and another........................Respondent Judgment ......the present case in any case. 30. It falls to be observed that in cases of dispute over execution of document in Exchange cases the Government in its memo dated 29.11.73 provided that if anybody was aggrieved by any order of the Deputy Commissioner, he could go to the Civil Court for red..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....ting huts and grazing cattle. When the suit lands became fit for cultivation in 1366 BS they started cultivation of paddy therein and are in continuous possession thereof ever since. The defendant-Government acquired the interest of the Bhulua Zamindars in 1951 under the State Acquisition and Te...... of Nim-Hawalas, half farms." (P. 317). 13. The Bengal Patni Taluks Regulation, 1819 (Bengal Regulation VIII of 1819), as extensively amended by Bengal Act XV of 1940, contains the main body of Patni laws in this country. It's 17 sections recognised as valid, heritable and transferabl..Category: Property Law | Date: | Hits: 28
Fazar Ali alias Manik Chand Vs. Fazar Ali and others, 1991, 20 CLC (AD)
.... say that the order of acquittal was passed without securing the attendance of witnesses in the instant case as argued by the learned Advocate for the petitioner. The petition is dismissed. Ed. ...... Musa stating, inter alia, that while her deceased husband visited his land in Jalkuri village the accused opposite parties and others killed him with a sharp cutting weapons and concealed his dead body under water hyacinth in the WAPDA Canal. On the above allegations the accused opposite parties ..Category: Criminal Law | Date: | Hits: 39
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....or-in-interest of the respondents, instituted other suit No. 99 of 1968 in the Second Court of Assistant judge, Sadar Chittagong for permanent injunction against the Chairman, Railway Board and the Government restraining them from disturbing or interfering with his possession of the suit land and......e the various steps of the acquisition proceeding after forty years of the conclusion of the acquisition case. The only material documents which needed to be proved by the Railway (as the requiring body) were proved and proper inferences and presumptions ought to have been drawn on the basis of ..Category: Civil Law | Date: | Hits: 99
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