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Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

....bsp;  Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Serajul Islam alias Tuku......................Petitioner Vs. Most. Shahid Khatun and others…........Respondents Judgment        ......t the impugned deed  of  heba-bil-ewaz  is forged, fraudulent and so no consideration has been passed by the same. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg..

Category: Property Law | Date: | Hits: 87

Nazimuddin Molla Vs. Mobasser Ali Howlader and others, 2009, 38 CLC (AD)

....;         Md. Tafazzul Islam J Md. Joynul Abedin J Nazimuddin Molla...................Petitioner Vs. Mobasser Ali Howlader and others......Respondents Judgment          ......ned judgment and order passed by the High Court Division is liable to be set aside by the Court. He further submits that the impugned judgment and order passed by the High Court Division is neither proper nor in accordance with law and as such the same is liable to be set aside. He lastly submit..

Category: Property Law | Date: | Hits: 57

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

....ator of Waqfs, Bangladesh…..Petitioner (In Civil Petitioner No.1359 of 08). Shah Mohammad Hossain..................Petitioner (In Civil Petitioner No. 1360 of 08) Vs. Shah Mohammad Alinoor and others…......Respondents (In both cases) Judgment March 3, 2009. Lawyers Involved: ...... dated 8.1.2007 on the averments that late Shah Mohammad Elias created a waqf-ul-awlad in the name of Hazrat Shah Mohammad Elias (R.A) Wakf Estate by registered deed dated 28.2.1966 by dedicating his properties situated at hold­ing No.4, Maulavi Bazar Road, P.S. Lalbag, Dhaka, mainly for welfare an..

Category: Trust/Waqf Law | Date: | Hits: 518

Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)

....nts (In Civil Petition No.2053 of 2008). S.K. Mohd Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Cases Referred To- Abdul Huq and others Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Minis......691, dated 13.10.1999 as published in Bangladesh Gazette on 11.11.1999. 4. The short facts leading to the petition for leave to appeal are as follows:- 5. In Writ Petition No. 5198 of 2003, the property in question was acquired in L.A. Case No. 10 of 1963-64 as per the provi­sions of Section ..

Category: Property Law | Date: | Hits: 79

A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)

....ons 80-83 only to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer h......ore the latter has started functioning? I confess that I fail to understand the rationale of their approach. Such approach is neither justified if the most elaborate provisions of the Customs Act are properly looked into and considered, nor can it find support if the reality and sequence of the situ..

Category: Fiscal/Taxation Law | Date: | Hits: 129

M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)

.... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S M.M. Steel Mills Limited and another….............Petitioners Vs. The Judge, First Artha Rin Adalat, Ch...... any time-frame as to the mode of payment of the installments and thus holding that the period of limitation for filing execu­tion case will commence from the date of expiry of one year is not proper. The learned Advocate however admitted that in the decree there is no mention of any specifi..

Category: Civil Law | Date: | Hits: 99

K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)

.... M. Muzahid Islam ………………………….Petitioner Vs. Bangladesh, repre­sented by the Secretary Ministry of Law, Justice and Parliamentary Affair of Bangladesh Secretariat, Ramna, Dhaka-1000 and others .......Respondents......se are that the respondent No.3 bank instituted Artha Rin Suit No. 56 of 2004 in the Artha Rin Adalat, 2nd Court, Dhaka, on 20.04.2004 praying for recovery of money and for foreclosure of mortgage property stating that the petitioner as Managing Director of M/S. Al-Faruque Textile Mills Limited ..

Category: Civil Law | Date: | Hits: 140

Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)

....62. ...... 7. We have heard the learned Advocate-on-Record and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon proper assessment of the materials on record arrived at a correct decision. We therefore find no re..

Category: Property Law | Date: | Hits: 41

Gopal Chandra Vs. Mitali Rani Chandra, 2009, 38 CLC (AD)

..... This Case is also Reported in: VI ADC (2009) 856. ......d decree of the trial Court as a last Court of facts  by  its  concurrent  findings. The impugned judgment and order passed by the learned Single Judge discharging the Rule on proper finding as above on due discussion and consideration of the evi­dence and materials on r..

Category: Criminal Law | Date: | Hits: 75

Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)

....Rajiuddin College represent­ed by the Secretary, Hatirdia Rajiuddin College, Managing Committee, Police Station-Monohardi, District-Narsingdi ..........Petitioner Vs. Abdul Barik and others ..........................................Respondents Judgment February 17,......her declaration that R.S. Khatian No.39 in respect of .39 acre in the name of Hatirdia Rajiuddin. College is wrong and incorrect. 3. The case of the plaintiffs, inter alia, that the schedule properties appertaining C.S. Khatian No.129 S.A. Khatian 87 and R.S. Khatian No. 39 plot No.116 mea..

Category: Property Law | Date: | Hits: 32

Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)

.... ...... Pakistan and never returned back and thus we do not find any point to interfere with the decision of the High Court Division inasmuch as the said judgment and decree appears to have been passed on proper discussion made and consideration on the facts and evi­dences on record. Accordin..

Category: Property Law | Date: | Hits: 38

Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)

.... also Reported in: VI ADC (2009) 819. ......d and accordingly discharged the Rule modifying the order of the learned District Judge. 10. The learned Single Judge of the High Court Division having discharged the Rule on discussion and proper con­sideration of the facts and materials on record of the case, we find no substance in..

Category: Intellectual Property Law | Date: | Hits: 361

Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)

....in J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs. Rasheda Begum and others .........Respondents (In Civil Petition No.1447 of 2008). Nazma Akhter Banu and o......icable in the case of present record of rights and the circular dated 10.11.2002 is illegal and any action taken thereupon must be set aside. Lastly, he submitted that management of the properties of disqualified owners by the Court of Wards is a matter of long past. Either they have..

Category: Property Law | Date: | Hits: 67

Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)

....bsp;        Md. Bazlur Mohammad .......................Petitioner. Vs. Bangladesh rep­resented by the Secretary, Ministry of Law, Justice and parliamentary Affairs, Bangladesh Secretariat, Dhaka & others......Respondents Judgm...... his area has been curtailed which the Government is authorized under the law to do conse­quently, the petition is dismissed." 8. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg..

Category: Civil Law | Date: | Hits: 100

M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)

....ivision (Civil) Present: Md. Tafazzul Islam J Md. Abdul Matin J    Md. Abdul Aziz J        M/S M A Salam and Co....................Petitioner Vs Islami Bank Bangladesh Limited repre­sente......ge of this Artha Rin Adalat No.1, Chittagong and as such the orders passed by this Additional District Judge in this Artha Rin Execution Case are illegal and that the auction sale of the mortgaged proper­ty of this petitioner was held in pursuance of the illegal orders passed by that Additi..

Category: Civil Law | Date: | Hits: 109

Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)

....ported in: VI ADC (2009) 791. ...... 9. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that the trial Court on proper assessment of evidence decreed the suit. But the appellate court without averting to those f..

Category: Property Law | Date: | Hits: 27

Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)

....   Md. Tafazzul Islam J Md. Abdul Matin J   Md. Anwar Hossain……….........Petitioner Vs. Superintendent of Police, Khulna and others.........Respondents Judgment         ......ioner conspicuously kept silent as to on which exact date his afore­said appeal was rejected by the respondent No.2 but he, in his representation dated 21.07.92 addressed to the respondent No.3 property for reinstating him in service, at para 11 mentioned that "পুলù..

Category: Administrative Law | Date: | Hits: 162

Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

.... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Md. Selim............Petitioner Vs. Government of Bangladesh and others........Respondents Judgment January 22, 2008. Result: The petition is dismi......ge financial loss. 3. Mr. Abdul Baset Majumder, learned Counsel, appearing for the petitioner sub­mitted that the judgment and order dated 25.10.2005 passed by the High Court Division is neither proper nor in accor­dance with law; that the SRO notification dated 20.10.1998 enhancing the duty o..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)

....m J                     Md. Tafazzul Islam J Md. Joynul Abedin J Abdur Rashid and others……………….......Petitioners Vs. Md. K......ransfer and they were not given any notice or offer to purchase the case land and the onus heavily lies upon the respon­dents to prove   that the pre-emptors declined to purchase the property when offered which they failed rather D.W.1 in his cross-examination stated that he did no..

Category: Property Law | Date: | Hits: 23

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

....ision (Civil) Present: MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Abdul Halim.........................Petitioner Vs. Md. Tatan Mia and others........Respondents Judgment January 9, 2008.   Lawyers ......ch Plot No.697 consists of .58 acres and since Karim Munshi was the owner of 3.61 acres of land and there were several other plots, the extent of land inherited by his heirs may be determined in a properly constituted suit and will not debar the plaintiffs to get the decree for permanent injunct..

Category: Property Law | Date: | Hits: 26