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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. ...... Judgment September 12, 1983. The Non-Agricultural Tenancy Act, 1949 (XIII of 1948), sections 2(5), 7. The Civil Procedure Code, 1908 (V of 1908), Section 100 The land was not leased out but the premises thereupon was leased on monthly basis. Therefore, continuo......l Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Md. Tabibur Rahman Mollah...................................Appellant Vs. Md. Sayedur Rahman & others...................................Respondents ..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......dhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment March 28, 1983. The Ap......lant. A.W. Bhuiyan, Additional Attorney-General, instructed by A.W. Mallik, Advocate-on-Record—For the respondents. Civil Appeal No. 83 of 1982. (From the Judgment and Order dated March 12, 1981 passed by the High Court Division in First Appeal No. 128 of 1973.) ...... FKMA Munim CJ B H Chowdhury J S. Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Saleh Ahmed Joarder................................. Appellant Vs. People's Republic of Bangladesh......................Respondents Judgment ..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......872) 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 DLR (AD) 39.&nbs...... The appeal is allowed. Courts-Adjudication of disputes by courts must conform to the law of country. When a litigant brings a case before the court he is entitled to a decision and adjudication of the dispute and such adjudication is to be performed in accordance with the laws......howdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Nasiruddin Mahmud & others........................ Appellants Vs. Momtazuddin Ahmed & another...................... Respondents Judgment&nbs..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. ......J Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Respondents Judgment ...... Chowdhury ATM Masud J Syed Md. Mohsen Ali J Abdul Hakim............................................………...Appellant Vs. Goleda Begum and others………..............................Res..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ......t Division (Civil) Present: FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper ......dhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper and others................….Respondents Judgment June 29, 1983. The C......J Badrul Haider Chowdhury J Shahabuddin Ahmed J Syed Md. Mohsen Ali J Bangladesh Jatiya Samabaya Bank Ltd............Appellant Vs. Sangbad Daily Paper and others................….Respondents Judgment ..Category: Civil Law | Date: | Hits: 107
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......dismissed with costs. Ed. ......ith costs. Ed. ...... Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh and others ................................Appellants (In all the appeals) Vs. KM Shafi Ltd. .......................................Respondents (In all the appeals) ..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......issed with costs. Ed. ......afiqur Rahman, Senior Advocate, (Matiur Rahman, Advocate with him), instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 92 of 1990, (From the judgment and order dated 11 th June, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 52 o......l J Mustafa Kamal J Latifur Rahman J Chairman, Bangladesh Council of Scientific & Industrial Research (BCSIR) Dhanmondi, Dhaka & other.................Appellants Vs. Abdul Khaleque, S/o late Md. Akram Hossain Talukdar, 26/6, Block-A, Khilgaon, PS Motijhe..Category: Employment/Service Law | Date: | Hits: 125
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......sent: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgment February 6, 1991...... appeal is dismissed. No costs. Ed. ...... (Civil) Present: MH Rahman J Mustafa Kamal J Latifur Rahman J Khabiruddin and others ..................................................Appellants. Vs. Government of Bangladesh and others...........................Respondents Judgme..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......riefly, the disputed property, became abandoned since 1.1.72 as the owner thereof, the aforesaid 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 Gove......he Appellant. Shahabuddin Ahmad, Deputy Attorney-General instructed by Mohammad Ayub, Advocate-on-Record-For the Respondent. Criminal Appeal No. 19 of 1989. (From the Judgment and Order dated 21 May, 1989 passed by the High Court Division, Dhaka Bench, in Criminal Revision N...... Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Alhaj Md. Serajuddowlah……........Accused-Appeallant Vs. The State………………......................Responden..Category: Criminal Law | Date: | Hits: 57
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...... corresponding CS plot number. It was further stated in the written statement that the first party‑appellant obtained an ex parte decree in respect of the case land against the Government of Bangladesh in Title Suit No. 208 of 1984 from the 1st Court of Subordinate Judge, Dhaka and the Gov......Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991. Lawyers Involve......e Court Appellate Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Samirun Nessa ......................First Party-Appellant Vs. Kamaluddin and another.....Second Party-Respondents Judgment May 23, 1991...Category: Criminal Law | Date: | Hits: 54
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
....on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ...... 3, against whom the appellant did not pray for any relief. 2. On 6th April, 1982 defendant Nos. 2 and 3 filed two applications for setting aside the ex partee decrees under Article 3 of the Bangladesh (Legal Proceedings) Order, 1972 (PO No. 12 of 1972). By separate orders Dated 30th April......lam, Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record (In both the appeals) - For the Appellant Ex parte (In both the appeals) - For the Respondents. Civil Appeal Nos. 19 and 20 of 1990. (From the judgment and order dated 9.2.1989 passed by the High Court Divisio...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Mohammad Ashraf Ali Molla (In both the appeals) ...............Appellant Vs. Rajeswar Ghose & others (In both the appeals) ....................Respondents ..Category: Property Law | Date: | Hits: 31
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 ...... property under the management and control of the Government with the Present occupant as lessee/tenant until further orders. The appellants' case in the Writ petition was that they are citizens of Bangladesh having migrated from Murshidabad, India, in 1964, after exchanging their Indian property......ity and is of no legal effect. Ed. ......ision (Writ) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Muzaffar Ali and other..................................................Appellants Vs. Government of Bangladesh and another........................Respondent Judgm..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...... Ed. ...... MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment August 29, 1990. L...... Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh…………….................Appellant Vs. Tobarak Ali Mia and others............................ Respondents Judgment ..Category: Property Law | Date: | Hits: 28
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...... Ed. ......din Ahmed CJ MH Rahman J AT Afzal J Latifur Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi an......Rahman J People's Republic of Bangladesh represented by General Manager (East) Bangladesh Railway, Central Railway Building, and Chittagong........................Defendant-Appellant Vs. Most. Sharifjan Bibi and others.......................Plaintiff –Respondents ..Category: Civil Law | Date: | Hits: 99
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....ionalised enterprises placed under it are concerned, this Order has not made any specific provision. Article 4 of P.O. 27 of 1972 has vested cent percent shares of an industrial enterprise in the Government but it has retained the separate entity of the enterprise as an independent company u......ishatnagar, Tongi, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988. Civil Appeal No. 66 of 1986 The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) ..........................Respondent Judgment June 13, 1988. Civil Appeal No. 66 of 1986 The Bangladesh Industrial Enterprises (Nationalisation) Order, 1972 (P.O. No. 27 of 1972) Articles 5(a) and 17(1) The power of control, supervision and regulation under article 17(1) necessarily include...... (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M. H. Rahman J A. T. M. Afzal J Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur...........Appellants Vs. Md. Sanaullah........................................Respondent Judgment June 13, 1988..Category: Employment/Service Law | Date: | Hits: 143
Kashem Ali Vs. The State & ors, 1988, 17 CLC (AD)
....s of the charges brought against them by judgment and order dated 28.2.73. 7. The appellant before us took a revision before the High Court Division against the said order of acquittal since the Government did not file any appeal. By the impugned judgment and order the rule was discharged in ......d therefore no interference is called for with the impugned order of the High Court Division. In the result the appeal is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 294 ......relating to appraisal of evidence has been fallowed or not, whether some material piece of evidence has been overlooked or misappreciated winch could have a profound bearing on the order of acquittal and things like that. Misappreciation of evidence is not ordinarily a ground for interference with a......rt Appellate Division (Criminal) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Kashem Ali.……………………………..Appellant Vs. The State & ors.................Respondents Judgment August 11, 1988. Criminal Appe..Category: Criminal Law | Date: | Hits: 53
Shahjahan Biswas & Others Vs. The State, 1988, 17 CLC (AD)
....s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......s set aside and they are acquitted from the charges and it is directed that they be set at liberty at once if not wanted in any other case. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 291......eal No. 20 of 1986 Proof beyond reasonable doubt in case of conviction - Mysterious death without proof of injury shall not warrant conviction The evidence of the vital witnesses was not shifted and assessed according to rules of evidence by the trial court and the High Court Division. The circ...... DLR (AD) (1988) 291..Category: Criminal Law | Date: | Hits: 53
Mafizuddin alias Mahi Vs. The State, 1988, 17 CLC (AD)
.... Section 417 Cr. P.C. provides for appeal against an order of acquittal and the powers of the Appellate Court in such an appeal are given in section 423(1)(a). Admittedly there was no appeal by the Government against acquittal in this case. The order of acquittal, however, was converted into one o......rder as passed by the trial Court is maintained. Let a copy of this order be transmitted to the Sessions Judge concerned expeditiously. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 286 ......e...........................................Respondent Judgment July 21, 1988. Criminal Appeal No. 18 of 1985 The Code of Criminal Procedure, 1898 (V of 1898), section 236, 237, 238, 417 and 423 The process of altering a finding in an appeal from conviction must operate only within th......AD) (1988) 286 ..Category: Criminal Law | Date: | Hits: 55
Haruni Fisherman Cooperative Society Vs. Md. Ebadut Ali & ors., 1988, 17 CLC (AD)
....ays to avoid responsibility or for shifting it on to others, but the conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants du......of the year 1391 B.S. The order was communicated to the appellant Society by the Ministry's letter dated 28th September 1985. The letter is as follows: "Government of the People's Republic of Bangladesh, Ministry of Land Administration and Land Reforms Section-VII Memo No. VII-Habi-13/85...... conduct of the appellant Society, however, negatives the appellant Society's claim of being unaware of the aforesaid orders of the Government. Inordinate delay in depositing the alleged leased money and absence of the appellants during hearing of the matter before the Minister in spite of clear kno...... (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J A.T.M. Afzal J Haruni Fisherman Cooperative Society...............Appellant Vs. Md. Ebadut Ali & ors......................................Respondents Judgment April 2..Category: Property Law | Date: | Hits: 34
Bhupati Ranjan Shome & ors Vs. Afizuddin Sheikh & ors., 1988, 17 CLC (AD)
.... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...... pre-emptor did not materially affect the impugned decision. Accordingly, the appeal is dismissed, but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 264 ...........................Appellants Vs. Afizuddin Sheikh & ors..................................Respondents Judgment January 27, 1986. Civil Appeal No. 82 of 1984 The State Acquisition and Tenancy Act (XXVIII of 1951), Section 96 Un-exhibited documents considered by the High Court D......pellate Division (Civil) Present: F.K.M.A. Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J M.H. Rahman J Bhupati Ranjan Shome & ors..........................Appellants Vs. Afizuddin Sheikh & ors..................................Respondents Judgment January 2..Category: Property Law | Date: | Hits: 29
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