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Aminul Islam Chowdhury and oth­ers Vs. Abdul Hamid and others, 2003, 32 CLC (AD)

....sp; ...... No. 157 of 1996 making the rule absolute remanding the suit to the lower appellate court directing to dis­pose of the appeal within 6 months from the date of the receipt of the record for writing a proper judgment in the light of the observations made there in setting aside the judgment and decree..

Category: Procedural Law | Date: | Hits: 76

Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)

....pellate Division (Civil) Present Latifur Rahman CJ Mahmudul Amin Coudhury J Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Azizul Huq alias Md. A. Aziz and others ...............Appellants Vs. Sree Purna Chandra Das alias Sree Purna Cha......ded in the 'bainapatra' originally belonged to him and his brother Rajendra. This Rejendra died leaving behind his widow Dhairjay Bala and the defen­dant and Dhairjay Bala are now owners of the property. It is the further case of the defendant that when the defendant wanted to send his son t..

Category: Property Law | Date: | Hits: 32

Government of Bangladesh Vs. Shamsuddin Ahmed, 2003, 32 CLC (AD)

....ddin Ahmed, Advocate instructed by Shamsul Haque Siddique, Advocate-on-Record-For the respondent (appeared with the leave of the Court) (In both the appeals).  Civil Appeal Nos. 102 and 103 of 1997. (From the Judgment and order dated 26-11-96 passed by the Administrative Appella......troversial by the appellant. By now he has also retired from service. Without probing too much at this stage into the correctness or otherwise of his statement of earnings we think it will be fit and proper in the facts and circumstances of case to accept his statement of earnings during the period ..

Category: Administrative Law | Date: | Hits: 138

Mostafizur Rahman & 5 others Vs. Government of Bangladesh and 5 others, 1997, 26 CLC (AD)

....mmad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mostafizur Rahman & 5 others................Appellant (In Civil Appeal No. 6 of 1995) Vs. Government of Bangladesh and 5 others........Respondents (In Civil Appeal No. 6 of 1995). Judgment May 21, 1...... the contention of the learned Advocate for the appellants must succeed. The question that there was no guide line for fixing tariff value under Section 25 of the Customs Act could be decided in a proper case. For the above reasons all these appeals are allowed without any order as to cos..

Category: Fiscal/Taxation Law | Date: | Hits: 199

Abdul Hai and others Vs. Atar Islam and others, 2004, 33 CLC (AD)

....d. This Case is also Reported in: 1 ADC (2004) 107. ......gle Judge of the High Court Division without adverting to the findings of the court of appeal set aside the judgment of court of appeal and ns such the judgment of the High Court Division is not a proper judgment of reversal and hence can not be maintained in law and that the High Court Division..

Category: Procedural Law | Date: | Hits: 84

Golam Ambia Vs. Deputy Commissioner, Mymensingh and others, 2003, 32 CLC (AD)

....resent: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J Golam Ambia..............................Appellant Vs. The Deputy Commissioner, Mymensingh and others......................Respondents Judgment August 26, 2003. Lawyers......ridges. The licenses were regularly renewed on payment of fees to the concerned authority. An Advocate, named, Javed Akther Faruq, who is his political rival, in order to harass and grab his landed proper­ty implicated him in false cases. On being unsuccessful in those cases, Javed Akther Fa..

Category: Criminal Law | Date: | Hits: 40

Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)

.... Md. Hassan Ameen J Md. Abdul Matin J Abdur Noor Chowdhury……………………………Petitioner Vs. The State and another…………………..........Respondents Judg......and 19 BLD 461 as cited by the learned counsel of the petitioner and so there is no ground to issue a rule for quashing the proceeding. 6. We are of the view that the High Court Division on proper consideration of the materials on record and the law involved rejected the  application..

Category: Criminal Law | Date: | Hits: 45

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

.... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The State .............................Appellant Vs. Nantu Biswas and others…..........Respondents Judgment August 3, 2008. Cases Referred......ial court rightly believed the evidence of the PW 1, 2, 3, 4, 5, 6,7,11 and 17 against the respondents and rightly acquitted others having found them not guilty while convicting the respondents on proper scrutiny of evidence but the High Court Division set aside the judgment on allowing the appe..

Category: Criminal Law | Date: | Hits: 84

Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)

.... Md. Hassan Ameen J Md. Habibur Rahman Islam……………………...Petitioner Vs. The Secretary, Ministry of Local Government and Rural Development, Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka & others.......annot be resolved in a writ petition under Article 102 of the Constitution as it requires adjudication on facts on evidence. 5. Accordingly we are of the view that the High Court Division on proper considera­tion of materials on record and the law involved discharged the Rule and accor..

Category: Property Law | Date: | Hits: 21

Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)

....ondent Judgment July 1, 2008. Lawyers Involved: Alhaj Giasuddin Ahmed, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Bivash Chandra Biswas, Advocate-on-Record-For the Respondent. Civil Appeal No. 37 of 2004 (Fr......ha’ schedule in the plaint belonged to Horidash Sarker, and that he lived in the 'Kha' schedule land along with his wife and 2 sons. The defendant with a view to grabbing the entire paternal properties erected the deed of gift No. 3028 dated 02.03.1987, one day the defendant brought a vend..

Category: Property Law | Date: | Hits: 24

Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present:    Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Ranju Roy and other…….............Petitioners Vs. Jibesh Ranjan Roy and others&h......nding upon him on the averments that the suit land belonged to Raj Chandra who died leaving behind three sons namely Mukunda, Bipin and Manindra and after the death of Mukunda and Bipin the entire property devolved up Manindra; in the year 1972 Manindra who was ailing due to his old age brought ..

Category: Property Law | Date: | Hits: 22

Mst. Sufia Khanam Mst. @ Sufia Khatun & another Vs. Md. Abdul Rouf @ Tara Miah, 2007, 36 CLC (AD)

....te-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 182 of 2006. (From the judgment and order dated 13.12.2005 passed by the High Court Division in Civil Revision No.2716 of 2001.) ......instituted Other Class Suit No.6 of 1998 in the Court of Assistant Judge, Muktagacha, Mymensingh for declaration that the deed of sale described in the 2nd schedule of the plaint in respect of the property described in the first schedule of the plaint is forged, void, without con­sideration ..

Category: Property Law | Date: | Hits: 20

Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)

.... (Civil) Present:    Mohammad   Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J The Commissioner of Customs, Customs House, Dhaka and others.....Petitioners Vs M/s. Diplomat Garment (Pvt.) Ltd., represented by it's ......er of credit against master Letters of Credit sent by its foreign buyers from time to time. The imported goods were stored without payment of the required customs duty, tax and other charges after proper declaration submitted with the authority and released from the ware­house for use for ma..

Category: Fiscal/Taxation Law | Date: | Hits: 55

Afazuddin Mollah and others Vs. Sadhan Chandra Roy, 2007, 36 CLC (AD)

....9) 193. ...... as facts passed the impugned judgment and order which is liable to be set aside in the inter­est of justice; that the plaintiff herein peti­tioners claimed the suit land as their ancestral properties as well as vide some Registered and settlement deeds which clearly exhibited and proved ..

Category: Property Law | Date: | Hits: 21

Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)

.... Case is also Reported in: VI ADC (2009) 186. ......vant year only 78 cases in total were filed; that the judgment and order of the appellate Court below, without adverting to the rea­sons upon which the trial Court decreed the suit, and without proper reversal of the findings of the trial Court, was not a prop­er judgment of reversal; th..

Category: Property Law | Date: | Hits: 23

Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)

....ahman CJ Sajjad Ahmad Jan J M. R. Khan J Waheeduddin Ahmad J Taj Din...........................................Appellant. vs. Mrs. Razia Begum Alvi and others.................Respondents Judgment December 15, 1970. The Paki...... December 15, 1970. The Pakistan (Administration of Evacuee Property) Act, 1957, sections 19 & 20 Since the respondents obtained prior approval of the custodian before transfer of property there was no prohibition on confirmation of the said transaction under section 20 of the Pa..

Category: Property Law | Date: | Hits: 28

Lala Ghand Sarder Vs. Abdul Huq and oth­ers, 2007, 36 CLC (AD)

.... also Reported in: VI ADC (2009) 150. ...... The facts of the case are that respondent Nos.1 and 2 filed the Miscellaneous Case No. 46 of 1984 for pre-emption in respective of 164 acres of land. Their case is that they are co-sharers in the properties of schedule Nos. 1 and 2 as heirs of their father and contiguous owners of schedule No. ..

Category: Property Law | Date: | Hits: 20

Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)

....nt: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Haji Safiuddin Ahmed ...........................Petitioner Vs. The Administrator of Waqf and others.........Respondents Judgment December 11, 2007. Cases Referred To- ...... 14 of 1999 before the Subordinate Judge. The President of the Waqf Estate and its Committee in collusion with his fellow men has been taking away money from the Waqf Estate without maintaining any proper account inspite complaint to the office of the Administrator of Waqf Estate. The executive ..

Category: Trust/Waqf Law | Date: | Hits: 173

Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)

....ent: M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Maksudun Nabi Joarder............Petitioner (In Civil Petition No. 1388 of 2007) Mrs. Hamuza Begum and oth­ers….Petitioners (In Civil Petition No. 454 of 2008) Vs. Md. Rafiq.......53 Late Golam Nabi Joardar, his predecessor, got settlement of .27 acres of land from the heirs of Nepal Chandra Roy Chowdhury and Aghor Nah Roy Chowdhury, the C.S. recorded tenants, on payment of proper salami and after his death the petitioner along with h is co-sharer become the owner of the..

Category: Property Law | Date: | Hits: 18

Shahjahan Mridha Vs. Jalal Sikder and others, 2007, 36 CLC (AD)

.... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Shahjahan Mridha………………..Petitioner Vs. Jalal Sikder and others…..... Respondents Judgment November 14, 2007. Lawyers Involv......d­eration that the learned Joint District Judge, 1st Court, Rajbari as a final Court of fact rightly arrived at a correct finding in setting aside the judgment and decree of the trial Court on proper appreciation and assessment of both oral and documentary evidences on record and rightly set..

Category: Property Law | Date: | Hits: 37