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Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ...... whether the recitals of the waqf deed satisfy the requirement of a valid waqf in accordance with the Mussalman Wakf Validating Act, 1913, and whether the High Court Division correctly applied the principle of law relating to validity of a waqf as enunciated in the case of Mst. Khairunnessa Khat...... of 1967). Judgment Ruhul Islam J. - This appeal by special leave is directed against the judgment of the High Court Division dismissing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......the learned District Judge, on taking into consideration the effect of transfer in view of the deed of heba-bil-ewaz dated 20.3.82 exceeded the direction of the High Court Division and further, the principle laid down in the decision reported in 35 DLR(AD) 225, being inconsistent with facts of t...... Not represented-Respondent. Civil Review Petition No. 90 of 2004 (From the judgment and order dated 21st April, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1475 of 2002). Judgment ......lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ..Category: Property Law | Date: | Hits: 34
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ......e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ...... Private Limited Company (plaintiff No.1) is the owner of oil Tanker, M.V. Tapash (plaintiff No.2), that the said oil Tanker loaded with 4,06,000 liters of kerosene started from Fatullah Ghat for Bhairab Bazar and while reached near Baktabali Ghat within Police Station Fatullah district-Nar......s also contended by the learned Advocate for the Respondents that the undenied position was that on May 13,1986 M.V. Tapash had no lisence to carry petroleum products. 12. The main point for determination in the appeal was at what point of time of May 13, 1986 the collision took place. The..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ......ession in the land in suit and that defendants dispossessed her. The trial Court also held that the suit as framed is quite maintainable and that not barred by limitation and also not bad for defect of party. 6. The defendant went on appeal. The appellate Court primarily placing ...... 13. As against the aforesaid submissions of the learned Counsel of the appellant the learned Counsel for the Respondent No.1 submitted that in the leave granting order the real question for determination was correctly set forth i.e. whether there was surrender by Jairuddin of his korfa te..Category: Property Law | Date: | Hits: 28
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......llary or consequential direction as it thinks expedient. 7. We are accordingly of the view that the High Court Division considering the facts and circumstances and also applying the correct principle of law as applicable in the present case, arrived at a correct decision and there is......Record-For the Petitioner. Razaul Hasan, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 pas......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
.... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ......after under his sons, Dhirendra and Birendra. They again claimed that they took settlement of the suit property by unregistered Amaldari from Dhirendra and Birendra on 17.05.1950. It is the settled principle of law that settlement of Non-Agricultural land within Municipality cannot be affected b......y decreeing both the Title Suit Nos. 984 of 1962 and 134 of 1964. 2. Title Suit Nos. 134 of 1964 and 984 of 1962 were filed by the plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 r......ssor, the transferee and the lessee, may determine what proportion of the premium of rent reserved by the lease is payable in respect of the part so transferred, and, in case they disagree, such determination may be made by any Court having jurisdiction to entertain a suit for the possession..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ......anted earlier. 6. Mr. Abdul Wadud Bhuiyan, the learned Counsel appearing for the petitioners, submitted that section 21 of the Securities and Exchange Ordinance, 1969 not having provided any principle or guideline for the exercise of power to order or cause an enquiry to be made by the co...... Petitioner. Mahmudul Islam, Senior Advocate, instructed by Md. Ahsanullah Patwary, Advocate-on-Record- Respondent No. 2. Not represented- Respondent Nos. 1, 3-5. Civil Petition for leave to Appeal No. 1581 of 2002. (From the Order dated 20th August 2002 passed by the H...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......High Court Division admitting the appeal being F. M. A. No. 66 of 2005 and staying operation of the order dated 17.02.2005 passed by Artha Rin Adalat No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.50,000,00/- from respondent...... Limitation Act where a decree or order is appealed from the "time requisite for obtaining a copy” of the judgment on which the decree or order appealed from shall be excluded. Now the question for determination is what was the time requisite for obtaining the certified copy of the judgment? 2..Category: Civil Law | Date: | Hits: 132
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......ining to purchase the case land when offered to him for sale amounted to waiver and acquiescence of his right to purchase the case land and accordingly his right of pre-emption was also hit by the principle of estoppel. 10. Careful scrutiny reveals that the evidence available on record o...... waiving his right arises. [Obiter] Right of pre-emption accrues to the pre-emptor only after the case land is sold to the purchaser pre-emptor by its owner. It does not arise before sale and any such right before sale is an inchoate and immature right. Therefore no conduct of...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ..Category: Property Law | Date: | Hits: 32
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......ight to property she could not be given any such declaratory relief and the facts and circumstances of the above reported cases being similar to the facts and circumstances of the present case, the principle laid down therein are applicable in the present case and accordingly the petitioners oug...... Not represented- Respondent Nos. 2-28. Civil Petition for leave to Appeal No. 1187 of 2004 (From the Judgment and order dated 21st May, 2003 passe......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ..Category: Property Law | Date: | Hits: 33
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ......09 B.S. and his lease term had already expired and in the meantime the Government leased out the said Jalmahal. It is fact that the present petitioner has no lease order after 1409 B.S. The settled principle of law is that in order to get an order of temporary injunction the plaintiff must have a......wyers Involved: M.A. Samad, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner None Represented- For Respondents Civil Petition for Leave to Appeal No. 298 of 2006. (From the judgment and order dated the 31st August, 200......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..Category: Property Law | Date: | Hits: 50
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......it land in the preemption case, are no longer owners of their homestead the suit land and as such they do not come within the ambit of section 6 of the Land Reform Ordinance, 1984 and that the principles laid down in the case of Rahima Begum Vs. Abdul Baten 44 DLR 414 and in the case of Moka....... Lawyers Involved: M. Enayetur Rahim, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 451 of 2004. (From the judgment and order dated 21.10.2003 pass......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..Category: Property Law | Date: | Hits: 60
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ...... assessment was prepared on 16.10.1991. The petitioner received the award on protest. The petitioner being dissatisfied with the quantum on award filed Arbitration Revision Case No. 1836 of 1990 before the learned Subordinate Judge (now Joint District Judge) and Arbitrator, Dhaka who by his judg......f 1991 arising out of Arbitration Revision Case No.1836 of 1990. 6. We have heard Md. Abdul Wadud Bhuiyan, the learned Senior Counsel for the appellant. 7. The pertinent question for determination in this matter is whether the learned Joint District Judge and Arbitrator had power t..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......tence is reduced from 7(seven) years to 3(three) years. Md. Hassan Ameen J.- I have gone through the judgment proposed to be delivered by my learned brother Md. Abdul Matin J and agree with him on principle. Accordingly, the appeals are allowed and the appellants are acquitted. Md. Abdul Ma....... Fazlul Karim J, Md. Joynul Abedin J and Md. Abdul Matin J, I agree with the judgment delivered by my brother Md. Joynul Abedin J. Md. Fazlul Karim J.- These two Appeals, by leave upon a petition for review, are directed against the allowing the Criminal Appeals convicting the petitioners under ...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ..Category: Criminal Law | Date: | Hits: 94
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....ich clearly indicates that the guidelines under Article 91 are not meant to override the provisions of the Order. Article 91 is only an enabling provision for issuing instructions for educating and guiding the election officials so that a fair election may be conducted smoothly. He also submits ......ker Mahbubuddin Ahmed submits that this point has been considered in the case of Abdul Matin vs. Election Tribunal, 31 DLR (AD) 331 and in his submission there is no good reason to depart from the principle laid down therein. The High Court Division has no occasion to check the election material......icial mark and counterfoil is also to be stamped accordingly but during rush that follows a brisk polling it may not be possible to follow the same in full in letter and spirit and may have to opt for satisfying such requirements in substance by putting official mark on the back of the ballot pa......arty No. 5, in his written objection denied all the allegations made by the election petitioner and alleged that they were all falsely made. 8. The Tribunal took up the following points for determination: (i) Had the election of Garghata Government Primary School polling cent..Category: Election Law | Date: | Hits: 126
Mariam and others Vs. Bangladesh, 1978, 7 CLC (AD)
....t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ......t for decision in accordance with law in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 247. ...... by the erstwhile High Court of East Pakistan in First Appeal No. 41 of 1960) Judgment Mahmud Husain CJ.- This appeal by special leave by the plaintiffs arise of out a suit instituted for recovery of a sum of taka 1,08,127.00 as compensation for the loss, caused to them by Irrigatio......others Vs. Leightons Investment Trust Ltd. reported in 1954 (1) All England Law Reports 252 their lordships defined frustration thus:- “Frustration may be defined as the premature determination of an agreement between parties, lawfully enacted into and to and in course of ope..Category: Civil Law | Date: | Hits: 89
Mrs. Halima Khatun Vs. Bangladesh and others, 1978, 7 CLC (AD)
....er the petitions have abated not cannot be in the affirmative. The petitions are, accordingly, dismissed. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 207. ......ich aims as interfering with the exercise of the judicial power is not contemplated either by the Constitution or Proclamation so far issued. If this is not recognized as one of the most essential principle of constitutionalism which is evidenced by the retention of the division of powers betwee......sh;For the Respondents. M. H. Khandker, Senior Advocate with A. T. Kamrul Islam, Advocate— For the Petitioner. Not Represented— The Respondents. Civil Petitions for Special Leave to Appeal No. 171 and 305 of 1977. (From the judgment and order dated J......estion whether the properly involved was abandoned property within meaning of the Abandoned Property (Control, Management and Disposal) Order, 1972 (P.O. No. 16 of 1972) required the determination of disputed questions of facts, it could not be resolved on the affidavits filed by ..Category: Constitutional Law | Date: | Hits: 307
Government of Bangladesh Vs. Md. Shamsul Huda and others, 2008, 37 CLC (AD)
....ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......ections and guidelines, the appeal is allowed and the order of the High Court Division appealed against is set aside. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 108. ......inion of the Chief Justice on the ground that it is privileged and of possible injury to public interest, the High Court Division is to- (a) ascertain whether the papers are necessary for proper adjudication of the issues involved in the writ petition; (b) if it decides in t......y the President on the advice of the Prime Minister, the question whether the recommendation of the Chief Justice for such appointment is at all necessary is the primary question required for determination and the question of looking into the actual recommendation made is dependent on such ..Category: Constitutional Law | Date: | Hits: 124
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ......t case the defendant No. 2 in Money Suit No. 21 of 1993 along with written statement also filed a counter-claim and paid requisite Court fees on the amount claimed. Accordingly, in view of the principle as laid down in the above case, there could be no legal objection to the Court treat...................Respondents Judgment December 12, 2006. The Code of Civil Procedure, 1908 (V of 1908), Order VIII Rule 6 Counter claim arising out of the same transaction for an ascertained sum is maintainable and the same is to be treated as plaint……&hell...... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ..Category: Civil Law | Date: | Hits: 111
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ...... of Taka 18,500 per metric ton for MS Rod and MS Flat Bar and further, to accept the bid offer of the writ petitioner for item No. 7 and whether the writ petition was maintainable being hit by the principle of estoppel and for suppression of the material fact that the writ petitioner paid for th....... Negotiation of sale price by Court: The Government having the right under clause 9 of the Tender Notice to accept or reject the bid in part, accepted the writ petitioner’s bid for five out of fourteen items and the writ petitioner having paid the price of the five items is ......ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
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