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Government of Bangladesh and others Vs. Mozammel Haque and others, 2012, 41 CLC (AD)
....Petitioners Vs. Mozammel Haque and others............Respondents Judgment February 23, 2012. Result: This petition is disposed. Since the writ petitioners are the lessees of the land in question on yearly basis, they cannot be evicted at any time. Though they could not and did ......el Haque and others............Respondents Judgment February 23, 2012. Result: This petition is disposed. Since the writ petitioners are the lessees of the land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acquire any right to get......heir leasehold lands and also praying for a direction to implement the recommendation of the respondent No.4 for giving permanent lease of this land to the writ petitioners. Rule was issued in that writ petition. 4. The case of the writ petitioners, in short, was that they were freedom fi...... of the land in question on yearly basis, they cannot be evicted at any time. Though they could not and did not acquire any right to get permanent lease of this land, they can apply to the proper authority for getting permanent settlement of the land. On their application, the concerned authority ca..Category: Civil Law | Date: 23 Feb, 2012 | Hits: 156
Dream Land Properties Ltd. Vs. Hazi Abdul Wazed and others, 2012, 41 CLC (AD)
....predecessor of the respondent Nos.1-13 for Specific Performance of Contract. It's case is that Hazi Abdul Wazed, (the defendant) entered into an agreement on 26th January, 1997 for sale of the suit land at a consideration of Tk. 70,00,000/- and received Tk. 7,00,000/- as advance. It was stipulated......d Imman Ali J Md. Shamsul Huda J Dream Land Properties Ltd.................................................................Petitioner Vs. Hazi Abdul Wazed being died his heirs; 1. Abul Kashem and others..........Respondents Judgment February 19, 2012. Result: This petition......the Code of Civil Procedure enjoins the appellate Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on appeal under section 107 are the same as that of the trial Court. This power has been given to the appellate Court with a view to minimize the......, 2012. Result: This petition is disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 107 Section 107 of the Code of Civil Procedure enjoins the appellate Court all or any of the powers conferred on a trial Court. The powers of the High Court Division sitting on ap..Category: Procedural Law | Date: 19 Feb, 2012 | Hits: 147
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....Miah died on 24-4-91 leaving behind the plaintiffs and the defendants as his legal heirs' he has also left behind properties described in Schedule Ka, Kha, Ga and Gha of the plaint which includes land, building shop etc the property left behind by said Badsha Miah described in schedule Ka, Ga an......ulari Begum & Others……………….....Respondents Judgment February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 ......ned Sub-ordinate Judge, Additional Court and Artha Rin Adalat No. 2, Dhaka in Title Suit No. 155 of 2001. 2. During pendency of the appeal when the matter was brought in the list for hearing at that stage an application for recording a decree on compromise was filed before this Court on Ja......ip;.....Respondents Judgment February 7, 2012. Result: The appeal is disposed of with Directions. Cases Referred to- Harjinder Singh Vs. Punjab State Warehousing Corporation CDG Law Journal 210 (SC) 462; Ramon Services (P) Ltd Vs. Subhhash Kapoor (2001) SCC 118. ..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Muzibur Rahman and others Vs. State and others, 2012, 41 CLC (AD)
....mmuting the sentence of death to imprisonment for life by majority decision. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 98. ......p;…………….... Appellants (In Criminal Appeal No.3 of 2006) Vs. State and others... ………............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting ...... Muzibur Rahman on the head of the deceased and none said about any second attempt by him to cause further injuries or any other overt act and this fact substantiates the submission of Mr. Shahjahan that the appellant had no intention to cause death of the deceased. Charge sheet shows that PC and PR......ip;…............................Respondents (In both cases) Judgment February 1, 2012. Result: The appeal is dismissed commuting the sentence of death to imprisonment for life. Conversion of the Conviction There is no scope on the part of the High Court Divi..Category: Criminal Law | Date: 1 Feb, 2012 | Hits: 6
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....1965 executed by his father Ahidulla as mutawalli of the waqf eatate in favour of respondent Nos. 1 (the defendant) on the ground that his father though executed the lease deed in respect of the suit land measuring an area of 0.92 acre, he did not pay the salami and rent and also did not take over p......lip;…………….Respondents Judgment February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The la......petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mutawalli can exercise the right of transfer by way of lease for a period exceeding 5 years ......s Judgment February 1, 2012. Result: The appeal and the leave petition are dismissed. A mutawalli cannot grant lease of any part of waqf property in perpetuity with prior sanction of the Administrator. The language used in this section is so explicit that the mut..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
Moulana Obaidul Mannan Vs. Moulavi Aminul Hoque, 2012, 41 CLC (HCD)
....ate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 is maintained. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......for either of the parties. Criminal Appeal No.5362 of 1991. Judgment Md. Ruhul Quddus J.- This appeal at the instance of a complainant is directed against judgment and order dated 29.7.1989 passed by the Magistrate of first class, Cox’s Bazar in Complaint Case No.183 of 1988 acquitting th......peal has been appearing in daily cause list for a couple of days with name of the Advocate for appellant. Today it is taken up for hearing, but no one appears for either of the parties. Record shows that this appeal was filed in 1989 and was numbered as Criminal Appeal No.42 of 1989. Subsequently it......…………Appellant Vs. Moulavi Aminul Hoque……………………Respondent Judgment January 29, 2012. Result: The appeal is dismissed. Lawyers Involved: No one appears for either of the parties. Criminal Appeal No.5362 of 1991. Judgment Md. Ruhul Quddus J.- Th..Category: Women and Children | Date: 29 Jan, 2012 | Hits: 169
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
....s at the rate of fees of RTPI, at Taka 2,000 per acre. The appellant faced financial crisis and under compulsion entered into an agreement on 14-2-1995 for conducting survey and preparation of detail land use plans of Uttara East area of Gulshan Thana and the rate of consultancy was settled at Taka ......he appeal is disposed of. The word judgment is not defined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision. Section ......; January 24, 2012. Result: The appeal is disposed of. The word judgment is not defined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that judgments of all Courts shall contain a concise statement of the case, the points for determinat......……Respondents Judgment January 24, 2012. Result: The appeal is disposed of. The word judgment is not defined in the Arbitration Act. Order XX, rule 4(2) of the Code requires that ju..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
....judgment and order dated 4-9-1999 passed by the Additional Divisional Commissioner, Rajshahi Division in connection with VP Case No.1140 of 1977 and VP Lease Case No.1 of 1086, releasing 0.84 acre of land out of 3.44 acres of land appertaining to SA Khatian No.321, Plot No.509 of mouza Jotpratap, Po...... (Md.) and others.........................Respondents Judgment January 23, 2012. Result: The petition is dismissed. Lawyers Involved: Zainul Abedin, Advocate-on-Record—For the Petitioner Khondaker Saiful Huq, Advocate instructed by Nurul Islam Bhuiyan, Advoca......itional Divisional Commissioner, Rajshahi Division in connection with VP Case No.1140 of 1977 and VP Lease Case No.1 of 1086, releasing 0.84 acre of land out of 3.44 acres of land appertaining to SA Khatian No.321, Plot No.509 of mouza Jotpratap, Police Station-Sadar from the list of vested property......buddin (Md.) and others.........................Respondents Judgment January 23, 2012. Result: The petition is dismissed. Lawyers Involved: Zainul Abedin, Advocate-on-Record—For the Petitioner Khondaker Saiful Huq, Advocate instructed by Nurul Islam Bhuiyan, ..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Atif Atiq (Md.) and another Vs. Nurun Nahar Begum and others, 2012, 41 CLC (AD)
....', she also found it not suitable for her. Then defendant No.2 again proposed to sell flat No.4-B of the project 'Heritage' at plot No.18, Road No.3, Banani, DOHS (hereinafter referred to as the suit land) at a consideration of taka 35,00,000. The plaintiff made further payment of taka 8, 00,000 in ......others......................Respondents Judgment January 22, 2012. Result: The petition is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Haridas Paul, Advocate-on-Record—For the Petitioners. Mahmudul Islam, Senior Advocate instru...... as defendant Nos.1, 2 and 6-11. Brigadier General M. Atiqur Rahman (since dead), father of the present petitioners was impleaded as defendant No.3. 3. In the plaint, it was stated, inter alia, that the plaintiff entered into an agreement with defendant No.2 to purchase a flat being No.2/A, Tul......Vs. Nurun Nahar Begum and others......................Respondents Judgment January 22, 2012. Result: The petition is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Haridas Paul, Advocate-on-Record—For the Petitioners. Mahmudu..Category: Property Law | Date: 22 Jan, 2012 | Hits: 87
Shamsuddin Ahmed & others Vs. City Bank Ltd., 2012, 41 CLC (HCD)
.... is totally misconceived one. Learned Advocates further submits that auction purchaser after purchase of the property, was inducted into possession and since then auction purchaser possesses the suit land and by this time auction purchaser improved the property by taking several development work the......be affected even if the decree is overturned- It is settle principle of law the sale of the property once made absolute the same is not affected even if the decree is reversed. The auction sale was made absolute by way of confirmation. The sale can be set-aside under provisions laid down in the......reference of Review Committee or any one else, neither is there any direction to take consideration into any decision of any Review Committee or any other authority or person. It is settle principle that the execution court cannot go behind the decree. So the execution court does not have any jurisd......Code of Civil Procedure, 1908, Order XXI, rule 9, Order XXXIV, rule 5 Absence of reference of Review Committee in final decree- In the final decree there is no reference of Review Committee or any one else, neither is there any direction to take consideration into any decision of any Revie..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 4
Sree Prodip Barua alias Bappi Vs. Faisal Madani and another, 2012, 41 CLC (AD)
....iff-respondent filed the above mentioned Other Suit No.136 of 2000 against this defendant-petitioner and others for specific performance of contract. The plaint case, in short, was that the suit land originally belonged to Umacharan who died leaving son Bijoy Sree Barua. That Bijoy Sree Barua w......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sree Prodip Barua alias Bappi……………………………&hel......2. The plaintiff-respondent filed the above mentioned Other Suit No.136 of 2000 against this defendant-petitioner and others for specific performance of contract. The plaint case, in short, was that the suit land originally belonged to Umacharan who died leaving son Bijoy Sree Barua. That Bijoy......dani and another.......................................Respondents Judgment January 15, 2012. Result: The Petition is dismissed. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record—For the Petitioner. Abdul Wad..Category: Civil Law | Date: 15 Jan, 2012 | Hits: 118
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....ellant has no dispute personally with his brother Md. Monir Hossain regarding the allocation/division of portion of share of Motaleb Tower Project, as in the schedule of the contract their portion of land has been demarcated and identified separately, as such, the petitioner neither filed any statem...... of the Arbitration Act, 2001, it is manifest that the application for addition of patty by the 2nd party to implead the 3rd party in the proceedings does not come within the ambit of law. Therefore, as to whether any signatory of the agreement is a necessary or proper party in the proceedings does ...... Signatory of the Agreement is a Necessary or Proper Party in the Proceedings- After appreciating the provisions of section 7A and 21 of the Arbitration Act, 2001, it is manifest that the application for addition of patty by the 2nd party to implead the 3rd party in the proceedin......;neers Ltd................Respondent Judgment January 12, 2012. Result: The Appeal is allowed. Arbitration Act, 2001; Section 7A and 21 Whether any Signatory of the Agreement is a Necessary or Proper Party in the Proceedings- After appreciating the ..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
Ikhtiar Rahman and other Vs. State, 2012, 41 CLC (HCD)
....had taken away the informant’s son and on the following day he was rescued. In cross-examination she stated that she herself did not see to kidnap the child or to rescue him. P.W. 4 Minu Begum, the land lady of the House from where the victim child was rescued, flatly denied the case and stated th......……………………………………….Respondent (Jail Appeal No.1286 of 2005) Judgment January 12, 2012. Result: The Jail Appeals are allowed. Lawyers Involved: Md. Aminur Rashid, Advocate-For the appellants in both the appeals. Yousuf Mahmud Morshed, Assistant Attorney......f by one judgment. 2. Informant Mst. Renu Begum produced Anesa Begum (appellant in Jail Appeal No.1286 of 2005) to Jhenaidah Police Station on 9.3.2002 and lodged an ejahar alleging, inter alia, that Ikhtiar Rahman (appellant in Jail Appeal No.1285 of 2005) had requested her on 7.3.2002 to manag......……………………….Respondent (Jail Appeal No.1286 of 2005) Judgment January 12, 2012. Result: The Jail Appeals are allowed. Lawyers Involved: Md. Aminur Rashid, Advocate-For the appellants in both the appeals. Yousuf Mahmud Morshed, Assistant Attorney General-For the ..Category: Women and Children | Date: 12 Jan, 2012 | Hits: 155
Millennium Holdings Limited Vs. Hilton International Co., 2012, 41 CLC (HCD)
....nd operating the said Hotel with the respondent which has been registered under the Registration Act, 1908 on 22.10.2006. Under the said management agreement the petitioner was due to obtain required land upon lease from Bangladesh Railway for constructing the said “Hilton” branded hotel at Mouj......………….Petitioner Vs. Hilton International Co……………………………Respondent Judgment January 10, 2012. Result: The petition is rejected. Lawyers Involved Masood R. Sobhan, Advocate with Ms. Fatema S. Chowdhury, Advocate-For the petitioner. Dr. Sharif B......ard the substantive application along with the said prayer for vacating the order of interim injunction. 4. The learned Advocate Mr. Masood R. Sobhan, appearing on behalf of the petitioner submit that the petitioner entered into a management agreement, dated 9.10.2006, for rendering assistance to......nder Section 7(a) of the Arbitration Act, 2001 is rejected. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Arbitration Law | Date: 10 Jan, 2012 | Hits: 45
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
....ee in Title Suit No.4 of 1998 passed by the Subordinate Judge (now Joint District Judge), Additional Court, Dhaka. 2. Both the appeals arise out of litigation between the same parties concerning land situated at Plot No.6, Block No. NW (A), Road No.69, Gulshan Model Town, Dhaka. Title Suit No. ......(In both the appeals) Vs. Amena Begum Ali Ispahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Ana......dvocates (Ahsanul Karim, Advocate with him) instructed by Mahbubur Rahman, Advocate-on-Record- For the Appellant (In both appeals) Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun Advocate-on-Record- For Respondent (In both appeals) Civil Appeal Nos. 148-149 of 2007. ......spahani…………….....Respondent (In both the appeals) Judgment January 10, 2012. Result: The appeals are allowed. Cases Referred to- 5 BLD (AD) 51;Civil Petition for Leave to Appeal No.360 of 2000;Manjunath Anandappa Urf Shivappa Hanasi vs.Tammanasa and others 10..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....12 in favour of the predecessor of the defendant Nos.1 to 11 is forged, collusive, inoperative and not binding upon the plaintiff and also for declaration of plaintiff's title in .47 acre of land by virtue of registered deed of exchange dated 24.05.1998. 4. The case of the plaintiff, i......nts Judgment January 9, 2012. Result: The Petition is dismissed. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by N. I. Bhuiyan, Advocate-on-Record —For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record —For Respondents. Civ......lute. 2. The facts necessary for disposal of this civil petition for leave to appeal are as follows:- 3. This leave petitioner, as plaintiff, filed Other Suit No.52 of 1999 for declaration that the kabala deed dated 10.11.19.75 executed by the defendant No.12 in favour of the predeces......ul Islam and others....................................Respondents Judgment January 9, 2012. Result: The Petition is dismissed. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate instructed by N. I. Bhuiyan, Advocate-on-Record —For the Petitioner. Md. Mazi..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Advocate Manzill Murshid Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....at no authority could have arrived at it if the it applied its mind with rational perspective. We are of the view that rationality would be compromised if one fails to come out of the cloud cuckoo land in this regard. We, for ourselves, being inclined to echo Lord Diplocks view, are swayed to len......Cabinet Division, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned orders and decisions are set aside. Lawyers Involved: Manzill Murshid, Advocate-For the petitioner. A.B.M. Al......g the victims of human rights violations. The petitioner is a regular practitioner of this Hon’ble Court. The petitioner is a human rights activist and conscious citizen. The petitioner realized that the remuneration and privileges of the Judges of The Supreme Court of Bangladesh (henceforth t......d by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, P.S.-Shahbag, District-Dhaka and others...... Respondents. Judgment January 6, 2012. Result: The impugned orders and decisions are set aside. Lawyers Involved: Manzill Murshid, Advocate-For the..Category: Constitutional Law | Date: 6 Jan, 2012 | Hits: 12
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....ellip;……........Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguous to the land transferred. The schedule of the sale deed in question is an import......ely mentioned in the schedule of the sale deed in question, and the non-mentioning of any such government or public road in the schedule of the sale deed in question disproves the purchaser's case that the land transferred and the land of the pre-emptors being intervened by a......the schedule of the sale deed in question, and the non-mentioning of any such government or public road in the schedule of the sale deed in question disproves the purchaser's case that the land transferred and the land of the pre-emptors being intervened by a government road ......tioner Vs. Mohammad Abdul Mannan and others…………………........Respondents Order January 2, 2012. Result: The Civil Petition for leave to appeal be dismissed. Whether the pre-emptors owned and possessed any land contiguo..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and others, 2011, 40 CLC (AD)
....itioner filed an application before the Cantonment Board, Dhaka for mutation of her name. During pendency of the said mutation case the petitioner came to know about the auction sale of her purchased land and then she filed the application under Order XXI Rule 90 of the Code of Civil Procedure prayi.................Petitioner Vs. Arab Bangladesh Bank Ltd. and others...........................Respondents Order December 15, 2011. Result: Leave is granted. Lawyers Involved: Bivash Chandra Biswasn, Advocate-on-Record—For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Re......nt No.1 Arab Bangladesh Bank Limited, as plaintiff, instituted Title Suit No.134 of 1995 before the Artha Rin Adalat No.2, Dhaka against the defendant Nos.1 to 5 for realization of outstanding loan. That suit was subsequently renumbered as Title Suit No.143 of 1998. The suit was ultimately decreed......b Bangladesh Bank Ltd. and others...........................Respondents Order December 15, 2011. Result: Leave is granted. Lawyers Involved: Bivash Chandra Biswasn, Advocate-on-Record—For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent Nos. 1 and 2. ..Category: Property Law | Date: 15 Dec, 2011 | Hits: 81
Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)
....e and gave it to Zia Orphanage Trust, Bogra, which was deposited to the said Trust account in the Sonali Bank, Gulshan on 15-11-93. Tk. 4(four) lac was withdrawn from that account on 4-12-93 and some land was purchased for Zia Orphanage Trust spending Tk.2,77,000 only. From the years 1993 to 20......;………………………………Opposite-parties Judgment December 12, 2011. Result: The Rule is discharged. Cases Referred to- 28 DLR (AD) 18; 31 DLR (AD) 69; Ali Akkas Vs. Enayet Hossain and others, 17 B......g in the Court of Metropolitan Special Judge, Dhaka, should not be quashed or any other order passed as to this Court may seem fit and proper. 2. The relevant facts for disposal of the Rule are that on 3-7-2008, Mr. Harunur Rashid Sub-Assistant Director, Anti-Corruption Commission, Head Office,......ecember 12, 2011. Result: The Rule is discharged. Cases Referred to- 28 DLR (AD) 18; 31 DLR (AD) 69; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44 = 2 BLC (AD) 16; Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir, 62 DLR (AD) 290; Habibur Rahman Molla Vs. State..Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161
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