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Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)

....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. 3 was filed by the owner of the property seeking a declaration that the cancellation of the agreement of sale is valid and binding, ...... 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 SCC 390; Hajee Saru Meah Sowdagar and another..

Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077

Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)

....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ...... Syed Gulam Shariar…………………………………………..Petitioner Vs. Mohammad Abdul Mannan and others…………………........Respondents Order ..

Category: Property Law | Date: 2 Jan, 2012 | Hits: 89

Mrs. Jahanara Ahmed Vs. Arab Bangladesh Bank Ltd. and oth­ers, 2011, 40 CLC (AD)

....e offered was satisfactory. Lastly on 14.01.2003 the mortgaged properties were again put in auction and this time six bidders participated in that auction and the highest bid offered for schedule "A" property was Tk.27,00,000/- and for the schedule "B" property was Tk.60,01,000/-. The executing cour......sain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mrs. Jahanara Ahmed………………………………………………...........Petitioner Vs. Arab Bangladesh Bank Ltd. and oth­ers...........................Respondents Order December 15, 2011. Result: Leav..

Category: Property Law | Date: 15 Dec, 2011 | Hits: 81

Begum Khaleda Zia Vs. State and another, 2011, 40 CLC (HCD)

....lip;……………………………. (c) if he dishonestly or fraudulently misap­propriates or otherwise converts for his own use any property entrusted to him or under his con­trol as a public servant or allows any other per­......Khaled J SHJ Nurul Huda Jaigirdar J Begum Khaleda Zia…………………………………Petitioner Vs. State and another……………………………&..

Category: Anti-Corruption Laws | Date: 12 Dec, 2011 | Hits: 161

Husne Ara Begum and another Vs. Saiful Alam (Md.) and others, 2011, 40 CLC (HCD)

.... and 2 in which petitioner before us filed application under Order I Rule 10 of the Code of civil Procedure for being added a party on the ground that Other Class Suit No.61 of 2008 over the selfsame property has been filed by applicant petitioner against the plain­tiff defendant No.1 and 2 of t...... in: 65 DLR (HCD) (2013) 34. ..

Category: Civil Law, Procedural Law | Date: 1 Dec, 2011 | Hits: 4

Jakir Hazi Vs. State, 2011, 40 CLC (HCD)

....tation for saying that there is any relation between the complainant and the accused-petitioner. 14. In order to constitute cheating it must be established that someone is made to part with some property on the premise of another to return or to give something in view thereof which the latter h......ment November 30, 2011. Result: The Rule is made absolute. Confessional statement can not be sole factor of quashment In a case where the accused petitioner is not FIR named and he was implicated in that case on the basis of confessional statement made by FIR named accused,..

Category: Criminal Law | Date: 30 Nov, 2011 | Hits: 1

Rabindra Nath Roy @ Rabindra and another Vs. State, 2011, 40 CLC (AD)

....nect the accused with the death of the murdered man, a jury, or in this country a judge, may find upon circumstantial evidence that he is a murderer. But when the unexplained possession of the stolen property is the only circumstance appearing in the evidence against an accused charged with murder a......nt: Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Rabindra Nath Roy @ Rabindra and another..............Appellants Vs. State…………………………………………â..

Category: Women and Children | Date: 24 Nov, 2011 | Hits: 190

Jamuna Television Ltd. and another Vs. Government of Bangladesh & others, 2011, 40 CLC (AD)

....ion without having obtained requisite licences and NOC in accordance with law from the concerned Ministries and authorities. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 253. ......: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Jamuna Television Ltd. and another....................Appellant Vs. Government of Bangladesh & others.........

Category: Information Technology Law | Date: 16 Nov, 2011 | Hits: 18

Human Rights and Peace for Bangladesh Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....f profound significance, which is now under the governance and protection of the Government of the People Republic of Bangladesh. However, in recent years a few people have taken possession of the property which belongs to this protected historical monument and they are constructing buildings vi...... is also Reported in: ..

Category: Property Law | Date: 26 Oct, 2011 | Hits: 23

State Vs. Matiur Rahman @ Mati, 2011, 40 CLC (HCD)

....of the case but even then P.W.1 was cross-examined by the state defence very exhaustively but there appears no suggestion that there was any family dispute among the Brothers. There appears no ejmali property among them nor there appears any issue of quarrel or disharmony among the accused and other......ase proving of motive is an essential element to find the accused guilty where there is evidence of the occurrence. Where there is sufficient direct evidence to prove an offence, motive is immaterial and has no vital importance. ................. (28) Motive not a necessary ingredient of an off..

Category: Evidence Law | Date: 25 Oct, 2011 | Hits: 9

Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... not have any interest. The claim of the government has become functus officio. The government took tax from the suit land and thereby the government created estoppel to the claim title from the suit property. ............ (5) Cases Referred to- 8 BLC 179 Lawyers Involved: Mohd A...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J  Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposit..

Category: Property Law | Date: 19 Oct, 2011 | Hits: 4

Elite Lamps Ltd. Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

.... decision creates a legal obliga­tion for the Bank to write off the entire in connection with the loan accounts and to withdraw the suit and release the charge documents as well as the mort­gaged property by redemption. In spite of the clear resolution taken on this behalf the plaintiff is conÂ......ecial Original Jurisdiction) Present: Md. Ashfaqul Islam J M Moazzam Husain J Elite Lamps Ltd……………………………Petitioner Vs. Government of Bangla­desh and others……………………………….Respondents Judgment October 16, 2011. ..

Category: Civil Law | Date: 16 Oct, 2011 | Hits: 7

Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)

....ide purchaser without notice to the original contract. Similarly, he is not entitled to a decree for specific performance against a person who has acquired right or interest in respect of the same property prior to the con­tract...............................(15) Whoever claims or has ......vil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Resp..

Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11

Aslam (Md.) Vs. Md. Salauddin and another, 2011, 40 CLC (HCD)

....he disposal of the Rule, are that the complainant-opposite party No.1 filed a Petition of Complaint before the Court of Magistrate, 1st Class, Narayanganj Sadar (South) alleging, inter alia, that the property shown in the schedule originally belonged to Joya Rani Guha, and upon her death the propert...... Court Division (Criminal Revisional Jurisdiction) Present: Md. Abdul Hafiz J Aslam (Md.)..........................................Accused-petitioner Vs. Md. Salauddin and another…………..........Opposite-Parties Judgment September ..

Category: Criminal Law, Tenancy Law | Date: 20 Sep, 2011 | Hits: 6

Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)

.................. (l)................................... (m)................................... (n) any claim for wages by a master or member of the crew of a ship or any claim for any money or property under the Provisions of the Merchant Shipping Ordinance, 1983, hereinafter referred to as t......g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ..

Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87

Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)

....quently the lessee Md. Hossain Ali sold the said plot along with the structure thereon to one Ghulam Rabbani by a registered sale deed dated 24.06.1965. Ghulam Rabbani got posses­sion of the said property and possessed the same. Subsequently after liberation of Bangladesh the said property was e...... Muhammad Mamtaz Uddin Ahmed J Bangladesh repre­sented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S.- Ramna, Dhaka and others……………………Petitioners Vs. ..

Category: Property Law | Date: 25 Jul, 2011 | Hits: 83

Tae Hung Packaging (BD) Limited and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

.... parts (1) the citizens and the resi­dents of Bangladesh have the inalienable right to be treated in accordance with law, and (ii) no action detrimental to the life, liberty, body, rep­utation of property of any citizen or resident shall be taken away except in accordance with law. The appella...... Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Md. lmman Ali J   Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Tae Hung Packaging (BD) Limited and others..................Appellants Vs. Bangladesh and others...........................

Category: Business or Commercial Law | Date: 20 Jul, 2011 | Hits: 39

State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)

.... and for the convenience of understanding sections 3 and 3A of the Explosive Substances Act, 1908 read as hereunder: "3. Punishment for causing explosion likely to endanger life, persons or property—Any person who unlawfully or maliciously causes by any explosive substance an explosi......e Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result:..

Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6

Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)

....vate Limited Company, after filing the suit being Other Class Suit No.3 of 2010 moved an application for temporary injunction restraining the respondents from disturbing its possession in the suit property contending, inter alia, that it is in exclusive possession of the suit property after purc......Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Ayat Steel Limited………………………….....Petitioner Vs. Mohammad Ali and others................ Respondents Judgment July 17, 2011. Result: The leav..

Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7

Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)

....ul Jabbar and Mohammad Ismail, co-sharers and was recorded as such in RS khatian. Ismail sold his interest of the suit land to Abdul Jabbar. Abdul Jabbar was in possession, became owner of the entire property of the schedule land. Abdul Jabbar died leaving two sons, Abul Fazal and Abul Basar and two...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Abul Bashar…………………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. ..

Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44