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Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....nd tidal surge of 1991 the appellant submitted a representation to the Joint Collector of Customs, Chittagong on 12-5-91 for ascertaining the resultant damage by a joint survey of experts. The prayer for joint survey was allowed and after the joint survey a report was submitted by the joint......ment and clearance he received a show cause notice on 24-3-90 issued by the Collector of Customs, Chittagong under section 180 of the customs Act, 1969, shortly the Act; as to why the consignments aforesaid should not be forfeited for violation of sections 16 and 32 of the Act and section 3(......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
.... Mustafizur Rahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for de......izur Rahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declarati......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..Category: Property Law | Date: | Hits: 39
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....allenge the order of appointment of Tariqul Islam Khan as Mutwali of the Waqf Estate in writ petition but in course of the hearing of the writ petition he filed an application for amendment of the prayer made in the writ petition but no further Rule was issued and the petitioner as respondent No......, Advocate-on-Record-For Respondent No.5. (In C. P. No.747 of 2007) Not represented- Respondent No.2-4, 6 & 7(In C. P.No.747 of 2007) Civil Petition for Leave to Appeal Nos.746, 745 & 747 Of 2007 (From the judgment and order......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....18.11.2003 of the High Court Division passed in First Miscellaneous Appeal No.264 of 2003 allowing the appeal setting aside the judgments and order Nos. 2 and 3, both dated 13.11.2002, allowing the prayer of the plaintiff under Order 40 Rule 1 read with section 151 CPC appointing receiver and al......d- Respondent Nos. 1-5 Not represented- Respondent Nos. 6-8 Civil Petition for Leave to Appeal No.186 of 2004. (From the judgment and order dated 18.11.2003 passed by......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....ending plaint after filing of the written statement by the defendants but the Courts below illegally held that those deeds as false having no basis. 8. It appears from the record that on the prayer of the plaintiff by order dated 05.04.1999 the trial Court directed the parties to maintain...... Y. Ahmed Ali Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and order dated the 17th July, 2004......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....under compulsion where as F.I.R. was lodged on 28-8-1998 and charge-sheet was submitted on 24-10-1998. 4. Upon hearing the parties the learned Nari-O-Shishu Nirjatan Adalat rejected his bail prayers on a number of occasions and lastly on 19-9-2000 assigning reasons. Against the said order......Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....in presence of the petitioner. The High Court Division in disposing of the Rule also observed "The failure on the part of the petitioner to explain away the delay is a ground for refusing the prayer for condonation of delay. The extension of time is thus a matter of concession of indulgence......Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Not represented- For Respondent Criminal Petition for Leave to Appeal No. 341 Of 2005 (From the Judgment and Order dated June 13, 2005 passed ......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
.... 7. The learned Counsels submit that the area of the suit plot is 5.68 acres and plaintiffs claim only 0.51 acre, as such, the High Court Division illegally and erroneously decreed the suit without prayer for partition. 8. The learned Counsels further submits that in view of the facts and circu......hman, Advocate-on-Record- For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent. Not represented-Nos. 9-21. Civil Petition for Leave to Appeal No. 855 of 2004 (From the judgment and order dated 20.04.2004 passed by the H......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..Category: Property Law | Date: | Hits: 75
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....il Revision No.85 of 1987 discharging the Rule and affirming the order passed by the District Delegate and First Court of Subordinate Judge, Chittagong in Probate Case No.186 of 1986 allowing the prayer for adding the respondent to contest the prayer for granting of probate. 2. Facts as follo......Result: The appeal is allowed. The Succession Act, 1925 (XXXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding brou......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....207 days. The appellate Court heard both the parties and upon considering the facts and circumstances in the background of which delay of 207 days occurred by the order dated May 27, 1992 allowed the prayer for condonation of delay and thereupon passed the order for registration of the appeal. As ag...... (2001) 6 MLR (AD) 1. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- Respondents Civil Petition for Leave to Appeal No. 1325 of 2004. (From the Judgment and Order dated June 16, 2004 passed by ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
.... 2. What happened was when the Civil Court was on vacation with effect from 2nd December, 1994 till 2nd January, 1995, respondent Nos. 1 and 2 needed to file a suit against the appellants with a prayer for ad interim injunction and having found the doors of the Civil Court closed moved the Hig......What happened was when the Civil Court was on vacation with effect from 2nd December, 1994 till 2nd January, 1995, respondent Nos. 1 and 2 needed to file a suit against the appellants with a prayer for ad interim injunction and having found the doors of the Civil Court closed moved the High Court......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....ccordingly the said Magistrate submitted his report vide order dated 09-11-2003. It is further stated that the Chief Metropolitan Magistrate, on perusal of the said report allowed the petitioner's prayer for Jimma by his order dated 11-11-2003 with a direction to the Officer-in-charge of Do......instructed by Md. Nawab Ali, Advocate-on- Record-For the Petitioner. Dr. M. Zahir, Senior Advocate, (Dr. A. K. M. Ali, Advocate with him) instructed by Md. Altab Hossain, Advocate-on-Record-for the Respondent No. 1 Not Represented-Respondent No. 2 Judgement: &nb......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....d against the judgment dated November 4,1999 of a Division Bench of the High Court Division in First Appeal (Probate) No. 246 of 1996 allowing the same on compromise and thereby Respondent No. 1's prayer for probate in respect of the will of her husband Trailakha Nath Roy was allowed. 2. ......sp; Md. Ruhul Amin J: - The appeal arises out of a petition seeking review of the judgment dated August 17, 2002 in Civil Appeal No.151 of 2000. The aforesaid appeal was filed against the judgment dated November 4,1999 of a Division Bench of the Hig......e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 62
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
....r and not a single impartial witness came to support the prosecution case at trial even though P.W 4 stated that about 1000-1500 persons gathered at the place of occurrence. Regarding the prayer for bail, Mr. Gaffar has submitted that the petitioner No.1 voluntarily surrendered on...... M. A. Gaffer, Advocate (appeared with leave of the court) instructed by A. K. M. Shahidul Hug, Advocate-on-Record-For the Petitioners Not Respondent-Respondent Criminal Petition for Leave to Appeal No. 179 of 2003 (From Judgment and Order dated 26.4 2003 passed by the H...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ...... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
.... 3. The short facts, leading to these petitions are that on 17.10.1991 in between 5.30 to 6.00 a.m. while informants brother Hafez Shaikh Md. Abdul Wahed after saying his "Fazar" prayer in the Mosque was returning home and reached in front of their house then these three petiti......of the charge under Section 302/149 of the Penal Code and sentenced appellant Farukur Rahman @ Farook to death and the two other appellants Sajjad Shaheen @ Prince and Miraj Hossain to imprisonment for life and all three of them were ordered to pay a fine of Tk. 2, 000/- each. The record was sent......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ..Category: Criminal Law | Date: | Hits: 25
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....p; and having regard to the fact that the respondents applied to the petitioner to go on voluntary retirement and the leave petitioner having granted their prayer and paid them all their dues entitlements and benefits, the High Court Division was wrong i...... Petition No. 2467 of 1998 passed by the High Court Division upon analogous hearing of Writ Petition Nos. 1872 to 1877 of 1998 making the Rules absolute. The Respondents as Writ Petitioners filed aforesaid Writ Petitions challenging memo compelling them to go on leave preparatory to retirement (......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....the suit property through lessee. 4. Leave was granted to consider the submission that none of the courts below applied their mind to the question of maintainability of the suit as without a prayer for declaration of title to the suit property the suit was not maintainable and the plaintif......t property through lessee. 4. Leave was granted to consider the submission that none of the courts below applied their mind to the question of maintainability of the suit as without a prayer for declaration of title to the suit property the suit was not maintainable and the plaintiff has n......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....d in violation of the order of status quo passed on 23.7.1997 the defendant-petitioner on 24.12.1997 illegally erected houses and structures on the suit land. The defendant-petitioner resisted the prayer submitting, inter alia, that he had his houses and structures on the suit land from before. ......iew Petition No. 21 of 2003. Judgment: Amirul Kabir Chowdhury J. - This is a petition for review of the judgment and order dated 14.5.2002 dismissing the Civil petition for Leave to App......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
.... i.e. seeking setting aside of the preliminary decree as well as the final decree passed in Other Class Suit No. 37 of 1987, were upheld up to the Appellate Division and as such relief so sought in prayer 'ka' of the present suit No. 41 of 2000 is barred by the principle of res-judicata. 7......idence of the parties. 2. Facts, in short, are that the appellant as plaintiff filed Other Class Suit No. 37 of 1987 seeking separate saham upon partition of 4.521/2 acres of land. The claim for partition and saham was made as one of the legal heirs of late Osiur Rahman. The suit was decre......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 122
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....t the properties of the Corporation including the one which is the subject matter of the present appeal are not abandoned property and for release from the list of abandoned property and a further prayer for restoration of possession of the properties to the writ-petitioners, that the High Court......issued under the signature of Mr. Azim Uddin Ahmed Chowdhury, Magistrate, 1st Class, Sadar, Chittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel at 10 hours on December 19, 1991 for eviction of the appellant from t......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
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