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Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
.... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Elahi Mondal……………….......Petitioner Vs. Juran Mondal and others…………....Respondents Judgment August 23, 2009. Lawyers Involve......trial Court as well as lower appellate Court and also considering evidence on record held that the lower appellate Court after discussing the evidence both oral and documentary, elaborately and after proper assessment of evidence on record came to the finding that the plaintiff had been able to prov..Category: Property Law | Date: | Hits: 20
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
....Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and othÂers ..........Responde......rule. 2. The short fact is that the petitioners filed the aforesaid writ petition and obtained rule Nisi calling upon the respondents to show cause why the order dated 6.7.2008 attachÂing the property of the petitioners by the Artha Rin Adalat and the proceeding of the execution proceeding i..Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....010) 295. ......but now they have collected the necessary papers and filed an application for amendment of the plaint which may be allowed by the Appellate Division and the case be sent on remand for fresh trial for proper adjudication. 9. It appears that the courts below considÂered the evidence of D.W.2 M..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
.... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Jalaluddin Ahmed and others...................Petitioners Vs. Md. Selim Hossain and others...................n order to execute the said decree, the decree-holder bank instituted Artha Rin Adalat Mortgage Execution Case No.87 of 2004 for realization of a sum of Taka 21,52,387/-. The price of the mortÂgaged property was assessed at Taka 8,75,000/-. In order to sell the mortgaged property in auction, notice..Category: Property Law | Date: | Hits: 28
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....ted in: VII ADC (2010) 271. ......een possessing thereon. The defendant denied the plaintiffs title and claimed that the plaintiff did not acquire any title on the basis of certificate sale and he was not given possession of the suit property. 5. The trial Court on consideration of the evidence on record held that the sale wa..Category: Property Law | Date: | Hits: 20
....3.
......self so that neither the police can abuse the power given to it by the law nor the Magistrate can exercise such power without applying judicial mind. So, he has made a prayer to this Court to suggest proper measures and safeguards so that the powers as given under sections 54 and 167 of the Code can..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....(Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J State.....................Petitioner Vs. Shahin and others...... ............Respondent Judgment April 27, 2009. Cases Referre......low the law, the evidence and material on record but in the present case, the learned Session Judge deviated from the principle as laid down. We are of the view that the High Court Division on proper consideration of the materiÂals on record arrived at a correct decision and there is no ille..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
..... ......oceeding of Exchange Case No.35/69-70 stated on 24-7-1969 for forÂfeiting the land of the appellants for the purÂpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was never taken over by Additional Deputy Co..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
..... Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......ehalf of the appellants that the learned Judge of the High Court Division erred in law in interfering with the concurrent findings of the Courts below in failing to consider that the Court below on a proper appreciation of the evidence on record have arrived at the finding that the defendant Nos. 1-..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ision (Criminal) Present: Md. Fazlul Karim CJ MA Matin J ABM Khairul Haque J SK Sinha J Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4).........Appellant Vs. State and another…………………Respondents Judgment April 4, 2010. The Code of Criminal Pr......iny for his wealth statement having suspected the statement as not true, made a thorough enquiry and it was said that he had concealed his wealth and submitted a falls return and that he had acquired property worth Taka 2 crore and odd by corrupt means. Accordingly an officer of the ComÂmission lod..Category: Anti-Corruption Laws | Date: | Hits: 195
....azzul Islam CJ
Md. Abdul Matin J
ABM Khairul Haque J
Surendra Kumar Sinha J
A.B.M. Asgar………………………………Appellant
Vs.
The Administrator and the Chairman of the Allotment Committee, Dhaka and others………………….......Respondents......of limÂitation and any order passed in the appeal shall be final. If the appellant has got any grievance against the allotment, he could have preferred an appeal but without seekÂing redress to the proper authority in accordance with law moved the writ petiÂtion challenging the allotment. Without..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Md. Sona Ullah being dead his legal heirs: Md. Akbar Ali and others…………………Petitioners Vs. Most. Morium Bewa and others………â€......olding that the evidence regarding the possession and dispossession adduced by the plaintiffs are more stronger than those of the defendant, in failing to consider that the Court of Appeal below on a proper appreciation of the evidence on record found the defendant's possession which finding being b..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....il) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J SK Sinha J Mohammad Mujibul Hoque ......Petitioner Vs. Shamsul Alam and others……..Respondents Judgment January 5, 2010. Lawyers Involved: ......ction in question is not an out and out sale but it is a mortgage and therefore, the case land is not legally preÂ-emptible. The learned counsel further argued that the Court of appeal below without properly appreciating the eviÂdence of the parties reversed the findings of the trial Court and the..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....rted in: VII (ADC) (2010) 223. ......into an agreement to purÂchase a shop which was under construcÂtion and in view of his failure to pay the installments the landlord having cancelled his allotment and the plaintiff having not filed proper suit the High Court Division erred in affirming the order of mandatory injunction in favour o..Category: Property Law | Date: | Hits: 20
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and oth......ther Class Suit No.96 of 1996 in the 1st Court of Sub-Ordinate Judge, Chittagong praying for declaration that the plaintiff respondent Nos. 1-6 have acquired a title by adverse possession in the suit property and also prayed for confirmation of their possession and the respondents also prayed for ot..Category: Tenancy Law | Date: | Hits: 185
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... ......ourt Division and other papers on record. 16. It appears that the petitioner did not furÂnish the security money as required under the Nitimala and therefore his very applicaÂtion was not in proper form. Moreover the petitioner does not have any right to get the lease as prayed for. ..Category: Property Law | Date: | Hits: 26
....
(Civil)
Present:
MM Ruhul Amin CJ
Mohammad Fazlul Karim J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Nazrul Islam and another…………..Petitioner
Vs.
Secretary, Ministry of Public Works, the Peopl......of 1994 contending, inter alia, that the plaintiffs (the present petitioner) are entitled to a decree declaring their entitleÂment to get an offer from the defendants to sell the scheduled abandoned property under the Government circular/policy as being a valid allottee in possession.
3. The..
Category: Property Law | Date: | Hits: 23
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
.... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahim J Kazi Ali Ahmed.............Petitioner Vs. Mohammad Nurunnabi and others…………..Respondent Judgment March 9, 2009. Cases Referred To- Khurshid A......n the saham of Afsin Matbar on a subsequent mutual partition and while said Afsin Matbar was thus owning and possessing he died leaving behind two sons, four daughters and one wife, who inherited the property and were possessing and enjoying in ejmali and thereafter an amicable partition vide deed d..Category: Property Law | Date: | Hits: 37
....ted in: VII (ADC) (2010) 132.......rÂeign exchange, rather export of the same would help earn foreign exchange for the country."
14. In such view of the matter the High Court Division held that withholding of the license was not proper and legal and made the Rule absolute with direction
upon the respondent to grant the requi..
Category: Others | Date: | Hits: 144
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....ourt Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Ci...... on 01.09.2001 in the "Daily Ittefaq" for inviting tender for the purpose of lease of residential or commercial plots vide notice No.02/2001-2002 for a period of 99 (nineÂty nine) years as abandoned properties including building, structure, tree etc. standing on such plots. In the said tender 9 (ni..Category: Limitation Law | Date: | Hits: 154
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