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Azizullah (Md) and others Vs. State and others, 2009, 38 CLC (AD)

....t Party, Manowara Islam, the respon­dent No.3, and one Abdul Alim were shown as Second Party while the respondent No.4, along with Nawab Ali Yar Khan and Ali Sarwar were shown as Third Party and the property which was the subject matter of the above dispute was stated to be Holding No.58/1-A, Puran......2, 16 MLR (AD) (2011) 117...

Category: Criminal Law | Date: | Hits: 62

Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)

....een Vs. Okhoy Coomar Shaw 13 BLR 307 (FB). It was decision in 1874. In this decision a Full Bench held that a partner who dishonestly misappropriates or converts to his own use any of the partnership property with which he is entrusted or over which he has dominion is guilty of an offence under sect...... (HCD) (2009) 327. ..

Category: Criminal Law | Date: | Hits: 93

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

.... fairplay in action, justice should not only be done but must seem to be done. 30. Thus, it boils down that the principle of natural justice is to be observed in a proceeding affecting a person or property or other rights of parties concerned. Accordingly, the Court, thus, always adds rider to th......ivision Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222..

Category: Constitutional Law | Date: | Hits: 251

M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)

....e defendant No.1 failed to repay the loan in time, as a result, the properties including machinery lying in the suit premises legally belong to defendant No.2, Islami Bank and as such, the attached property by the Court need to be released in favour of the Bank. 4. Mr. A. J. Mohammad Ali...... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. Classic Fashion Limited.….....Petitioner Vs. Mrs. Asrafunnessa Dana and another……....Respondents Judgment March 15, 2009. Lawyers ..

Category: Civil Law | Date: | Hits: 110

Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)

....at a new plea or a fact which has not been set up either in the trial Court or Appellate Court, it cannot be raised in revision. In the instant case there is a new story about the title of the suit property and the alleged existence of the decree of the civil suits have not been stated in the pl......mmad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Sadequl Alam……………..Petitioner Vs. Md. Mofizul Haque (Jalal) and others……..Respondents Judgement January 7, 2009. Lawyers I..

Category: Property Law | Date: | Hits: 27

Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)

.... the judgment and decree dated 10.07.1980 and when the debtor failed to pay the decretal amount, father of the plaintiffs filed Money Execution Case N9.14 of 1982 before the selfsame Court and the property of Shoshi Mohan and others was attached by the Court for open auction. The said execution ...... Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement July 1, 2008. Lawye..

Category: Property Law | Date: | Hits: 51

Special Reference No.1 of 2009, 38 CLC (AD)

....by fire or explosive substances; i. Theft, extortion and dacoity; j. Causing disappearance of evidence of offence of murder by removing dead bodies; k. Causing explosion to endanger life and property; l. Criminal intimidation; m. Criminal conspiracy and abetment of mutiny, murder and ......r Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar C..

Category: Constitutional Law | Date: | Hits: 289

Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)

....eed dated 03.09.1941 and 12.11.1941. The record was prepared in their name and they paid rent. After their death the other daughters Fatematuzzohra and Shakina Bewa respectively inherited the suit property. They made an oral gift on 16.09.1986 in favour of Delwar Hossain and others who transferr......in: VI ADC (2009) 695. ..

Category: Civil Law | Date: | Hits: 94

Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)

....on No.201 of 1995 arising out of the judgment and order dated 24.09.1984 passed in S.C.C. Suit No.195 of 1984. Both the cases are between the same par­ties and arises out of the common fact and same property and the High Court Division disposed of both the Rules issued in the Civil Revision Case No......so Reported in: VI ADC (2009) 680. ..

Category: Tenancy Law | Date: | Hits: 145

Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)

.... till realization and the suit was decreed ex-parte on 28.11.1993, pursuant to which the writ-petitioner bank filed an application for drawing up of the final decree permitting sale of the mort­gage property and accordingly a final decree was passed and drawn up 30.05.1994 and thereafter the writ p...... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Sonali Bank, Shilpa Bhaban Corporate Branch, Dhaka……..Petitioner Vs. Artha Rin Adalat, Narayangonj and others……........Respondents Judgment April 12, 2009. Lawyers Involved: M. A..

Category: Banking Law | Date: | Hits: 373

Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)

....ndants and that the plaintiff having lost in Miscellaneous Review Case No. 1007 84-85 has filed the instant suit knowing well that he has no ground for any success. The defendant No.3 inherited the property of Nironjan, being his mother, as per Hindu Daybhaga law of inheritance, and she is in pos...... is also Reported in: VI ADC (2009) 676. ..

Category: Property Law | Date: | Hits: 54

Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)

....e said compromise decree was obtained in T.S. No. 340 of 1978 by suppressing of process and by false personation, without impleding them as party though they have right, title, interest in the suit property. They learnt about the said decree on 30.01.1983. Since they were not implicated as party ......rajit Dutta……………………………………………Petitioners Vs. Baidhya Nath Banarjee and others .........Respondents Judgment April 22, 2009. Lawyers Involved: ..

Category: Property Law | Date: | Hits: 28

Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)

....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dis­missed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......ed in: VI ADC (2009) 668. ..

Category: Property Law | Date: | Hits: 57

Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)

....lfillment of cri­teria as per process of evaluation. He also submits that the High Court Division committed illegality in enter­taining the writ petitioners' claim of title in the acquired property on the basis of transactions subsequent to the requisition process because the original ow......nayan Kartipakkya (RAJUK).............Appellant (In all the cases) Vs. Jahan Ara Begum…….............Respondent (In Criminal Appeal No.107 of 2004) Golam Mostafa and others....Respondent (In Civil Appeal No.108 of 2004) Anowara Begum.........Respondent ..

Category: Property Law | Date: | Hits: 41

Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)

....died leaving behind his only brother Moslem Khan as his heir and successor. Thereafter Moslem Khan died leaving behind two sons Mujibor Khan and accused Rustam Ali Khan who inherited the aforesaid property in equal shares, that Mujibor Khan trans­ferred one acre of land out of said prop­......Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Md. Rustam Al Khan……………………..Petitioner Vs. The State and others…………..... Respondents Judgment March 9, 2009. ..

Category: Criminal Law | Date: | Hits: 57

Md. Nurul Alam Miah and others Vs. Md. Idris Ali, 2009, 38 CLC (AD)

....vagueness in the land which has been decreed by the Court of Appeal below and maintained upto this Division. It further appears that the subject matter of the suit including the description of the property, as described in the schedule to the plaint, is sufficient to identify the suit land and t......9) 605. ..

Category: Property Law | Date: | Hits: 33

Chitta Ranjan Roy Vs. Dhirendra Nath Roy and others, 2008, 37 CLC (AD)

....ren and the plaintiffs, Birendra and among them Dhiren died unmarried leaving there  brothers and thus plaintiffs inherited 1/3rd  of 1/7th equivalent to 1.07 acres of land of Mritunjoy's property and further case of the plaintiff is  that  Debicharan died leaving behind wife ......nul Abedin J Md. Abdul Matin J Chitta Ranjan Roy……………………………Petitioner Vs. Dhirendra Nath Roy and others………………Respondents Judgment July 2..

Category: Property Law | Date: | Hits: 27

Cromvege Tannaries Ltd. & anr Vs. Joint Dist Judge & Artha Rin Adalat No.1, Dhaka, 2009, 38 CLC (AD)

....e-holder bank, is only for possession and enjoyment of the mort­gaged properties and it did not mean final disposal of the above execution case for which further action for disposal of the suit property is necessary under section 33(7) of Ain 2003 and the High Court Division misconstruing the...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J M/s. Cromvege Tannaries Ltd. and another......................................Petitioners Vs. Joint District Judge..

Category: Civil Law | Date: | Hits: 103

Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)

....pal respon­dent Nos.1-10 and others as defendants for declaration of title, confirmation of possession and also for permanent injunction in respect of 2nd schedule land within the 1st schedule property of the plaint asserting, inter alia, that the suit schedule land originally belonged to Ko......d. Abdul Matin J Md. Abdul Aziz J Abdul Gafur being dead his heirs, Md. Mujibur Rahman………………….Petitioner Vs. Mariom Bibi and others…..................................Respondents Judgment March 12, 20..

Category: Property Law | Date: | Hits: 25

Md. Yunus Vs. Abul Kalam others, 2009, 38 CLC (AD)

....injunction restraining the defendant No.1 and 6 from disturbing the peaceful possession of the homestead and from demolishing their latrine of breaking the fencing or cutting the trees in the suit property behind the western side of their house till disposal of the suit.     ......ed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No.1-4. Not represented-Respondent No. 5-26. Civil Petition for Leave to Appeal No. 382 of 2008. (From the judgment and order dated10.12.2007 passed by the high Court Division in Civil Revision No.42 of 2004.) ..

Category: Property Law | Date: | Hits: 22