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Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)
....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......is Case is also Reported in: 56 DLR (2004) 485.......sted all his interest in said land. 7. After death of said Tabarakullah, his sons and daughters inherited the rest of the land left by him. Then, Shafiullah died leaving the preemptors as his only legal representatives who became joint owners in possession of aforesaid land with Mobarakullah. ..Category: Property Law | Date: | Hits: 71
Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)
....passed by the Assistant Judge, Ramgati in Title Suit No. 9 of 1988 decreeing the suit should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite party No. 1 as plaintiff, filed the suit for declaration that the sale deed m......DLR (2004) 477. ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ..Category: Property Law | Date: | Hits: 80
Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)
....9 passed by the Assistant Judge, Nesarabad in Title Suit No. 16 of 1989 dismissing the suit should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as plaintiffs instituted the said suit for declaration that the deed o...... maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468....... 2. The petitioners as plaintiffs instituted the said suit for declaration that the deed of gift dated 13‑12‑88 executed and registered by Manada Sundari in favour of defendant Nos. 1 and 2 was illegal, fraudulent, void, collusive and inoperative and the said deed created no right, title and int..Category: Property Law | Date: | Hits: 65
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Uttara Bank Ltd...............................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is......7 of 1982 against the petitioner and others for a decree of declaration that termination of his service in the bank by defendant No. 2 by letter dated 19‑9‑81 dispatched vide memo No. 3392A was illegal, malafide, void, without jurisdiction and not binding upon him and that the plaintiff was stil..Category: Employment/Service Law | Date: | Hits: 174
....ated 15.9.92 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No.162 of 1992 should not be set aside and/or pass such other or further order or orders as to this Court may deem fit and proper.
2. At the time of issuance of the Rule no ad‑interim order was passed by this Court. Si......) (1993) 749.......py of the plaint that the plaintiffs have instituted the suit for the following reliefs:
a) To pass a decree declaring that the notice dated 3.9.92 for the Board meeting held on 7.3.92 is wholly illegal, without lawful authority, void, of no legal effect and mala fide.
b) To pass a decree decl..
Category: Company Law | Date: | Hits: 181
....Rule Nisi was issued calling upon the respondents to show cause as to why the enlistment of House No.9/1, Block 'F', Joint Quarter, Mohammadpur Housing Estate, Dhaka in the 'ka' list of the abandoned properties published on September 23, 1986 in Bangladesh Gazette Extraordinary at page 9762 (26) aga......y of Works & others…………………..Respondents
Judgment
July 29, 1993.
Result:
The Rule is discharged.
Cases Referred to-
Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, Civil Petition ......r dated 23rd May7 1989 passed by the Court of Settlement in case No.668/88 (Annexure E annexed to the petition) shall also not be declared to have been passed without lawful authority and to be of no legal effect. At the time of issuing the Rule Nisi the operation of the Judgment order of the Court ..
Category: Property Law | Date: | Hits: 81
Madina Vegetable and Oil RefiÂnery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
.... a great stress on the expression "bill of lading" as employed in section 6 of the Admiralty Court Act, 1861 to contend that "bill of lading" means original bill of lading, a document of title to the property of the cargo and he who holds such original bills of lading the property of the cargo or th...... no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ...... 2. Mr. M Hafizullah raised question of mainÂtainability of the application for arrest of the vessel ‘MT Dolores’ on the ground that the Admiralty Court of this Division entertained the plaint illegally as the statements made therein does not disclose any cause of action to attract the jurisdic..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
.... us. In the first place it must be remembered that the Rule which says that the Court may not inquire into belated and stale claims is not a rule of law, but a rule of practice based on the sound and proper exercise of discretion and there is no inviolable rule that wherever there is delay the Court......ecial Original Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Raquibuddin Ahmed………………………………….Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result: The Rule is made ......e‑B, which comprised clause 18(2)(i) of the First Statutes of the Dhaka University. Order, 1973 (President's Order No.11 of 1973) should not be declared without any lawful authority and to be of no legal effect. 3. The fact leading to the issuance of the aforesaid Rule is as follows: The Uni..Category: Civil Law | Date: | Hits: 63
Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....ned in Annexure‑'I') shall not be declared to have been made without lawful authority and is of no legal effect and or such order or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioner is that three individuals being sons of late Hari Prashanna......t Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Syed Refaat Ahmed J Abdur Rahman (Md.) & another...........Petitioners Vs. Government of Bangladesh and others..............Respondents Judgment July 10, 2004. Result: The Rule is discharg......why the notice issued in Miscellaneous Case No. 20 of 2002‑2003 by the respondent No.3 (as contained in Annexure‑'I') shall not be declared to have been made without lawful authority and is of no legal effect and or such order or further order or orders passed as to this Court may seem fit and p..Category: Property Law | Date: | Hits: 113
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
....d because it appears from the reading of section 9 that a prior notice thereunder is a sine qua non for a suit under section 10. Accordingly, it is held that this suit is not maintainable for want of proper service of notice under section 9 of the Act. 12. It is true that by an additional written......me Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdul Matin J Afzal Hossain Ahmed J KM Akhtaruzzaman........................Appellant Vs. Agrani Bank and others.................Respondents Judgment June 18, 2003. Result: The appeal is all...... under section 9(1)(i) in the name of the appellant having been addressed, as required by rule 33, and service having not been proved according to law, the whole proceeding against the appellant is illegal and has been vitiated for want of notice. He lastly argued that in view of evidence appearing ..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....t dated 27‑1‑2004 should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. In the writ petition it has been stated, inter alia, that the petitioner in course of ......& others.................Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- A Hannan Vs. Collector of Customs, Customs House, Chittagong and others, 40 DLR 273; Collector of Customs, Customs House, Chittagong and others Vs. A Hannan, 42 ......dated 17‑11‑2003 on the plea of restriction imposed vide public notice No.71(97‑2000)/Import dated 27‑1‑2004 should not be declared to have been passed without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and pro..Category: Fiscal/Taxation Law | Date: | Hits: 111
....10‑6‑2002 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.31 of 1999 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper.
2. The petitioner as plaintiff instituted Title Suit No.142 of 1991 in the Court of the S......ision
(Civil Revisional Jurisdiction)
Present:
Bijan Kumar Das J
Abul Kashem Al-Asad………………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Land & others...............Opposite Parties
Judgment
June 22, 2004.
Result:
The Rule......or amendment of the written statement stands rejected.
The order of stay granted at the time of the issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 57 DLR (2005) 51...
Category: Property Law | Date: | Hits: 71
Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)
....‘1986. The defendant constructed a building in the suit land by her money and began to live there with her. On 25‑11‑1989 the defendant in his rented house at Nisindara orally gifted her the suit property in presence of her father in lieu of balance dower and money given by her for construction ......ourt High Court Division (Civil Appellate Jurisdiction) Present: SM Dastagir Husain J AKM Fazlur Rahman J Rafia Begum..................... Plaintiff-Appellant Vs. Afroza Bewa and others..............Defendants Respondents Judgment April 20, 2004. Result: The appe......lant; that he divorced the appellant on account of her misbehaviour and that the appellant had no right, title and interest in the suit property. 4. During trial of suit the defendant died and his legal heirs were substituted as defendant Nos. 1(ka) to 1(chha) who contested the suit adopting the ..Category: Property Law | Date: | Hits: 63
A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)
.... had allegedly inherited from their father and though the plaintiff claimed that in a family arrangements Hamida and Sajeda got 14½ sataks of land and Korban Ali got 131½ sataks out of the schedule property, but the plaintiff could not produce any deed of family arrangements. The plaintiffs statem......urt High Court Division (Civil Revisional Jurisdiction) Present: Abdus Salam Mamun J A Halim (Md.)...............................Petitioner Vs. Mafijul Islam Tarafder alias Kalu and others…….......Opposite Parties Judgment April 27, 2004. Result: The Rule is mad......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ..Category: Property Law | Date: | Hits: 80
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....No. 84 of 1980 (a proceeding under section 96 of the State Acquisition and Tenancy Act) should not be set aside and/or such other or further order or orders passed as to this court might seem fit and proper. 2. It deserves mention here that during the pendency of this revisional application both...... expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......under pre-emption on 18‑4‑1980 and could ascertain himself of the transfer. Accordingly, he deposited the sale price of the case land being Taka 4000 with 10% compensation thereon. He had also no legal disability towards pre-emption of the case land as alleged by him. 4. Opposite parry No. 1 ..Category: Property Law | Date: | Hits: 79
....ers for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set aside and or pas such other order or further order or orders as to this Court may seem fit and proper.
2. Opposite parties Nos.1‑3 as plaintiffs filed title suit No.12 of 2002 in the Court o......
This Case is also Reported in: 57 DLR (2005) 34.
......ubmits that in view of the clear bar imposed by section 45 of the East Pakistan Ordinance XXXIII of 1961 the Civil Court has got no jurisdiction to entertain the instant suit wherein the propriety or legality of the show cause notice issued by the Board as to why the Managing Committee of the school..
Category: Procedural Law | Date: | Hits: 72
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....ed of the land had been deposited with the Trust Bank, Gulshan Corporate Branch, Dhaka as equitable mortgage to secure credit facilities. The petitioner company, writ respondent No.4 the owner of the properÂty, and Trust Bank entered into a tripartite agreement whereby the petitioner made payment o......Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J One Bank Limited…………................Petitioner (In Civil Petition No.620 of 2011) Vs. Chaya Developer (Pvt.) Limited and others................Respondents (In Civil Petition No. 620 of 2011) Chaya Developer (Pvt.)...... Court Division set aside that order without givÂing any direction to allow the petitioner to be added as a party in the Artha Rin Suit. He lastly submits that the High Court Division committed an illegality by not allowing the petitioner to be added as party in view of its application under Order ..Category: Civil Law | Date: | Hits: 59
.... written statement stating, inter alia, that during the years 1945-46 Purna Chandra took him as adopted son and as such, on the death of Purna Chandra he being the heir of the deceased, inherited the property of Purna Chandra. That Austokumari was not his wife. In 1961 Basheswari made a will in favo......ana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Roy Mohan Dey ........................................Appellant
Vs.
Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others............................................sain J
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Roy Mohan Dey ........................................Appellant
Vs.
Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others......................................................Responden..
Category: Property Law | Date: | Hits: 49
Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)
....and security of the members of the informant’s family. Accused A.B.M. Fazle Karim Chowdhury, a Member of the Parliament, also had enmity with the father of the deceased. He, with a view to grab the property of the father of the deceased, put pressure on him in different ways so that he left the co......ted. Lawyers Involved: Md. Helaluddin Mollah, Advocate - For the Petitioners. Md. Shohrowardi, Deputy Attorney General - For Respondent. Jail Petition No. 17 of 2008 (From the judgment and order dated 20th April, 2008 passed by the High Court Division in Death Reference No.85 of 2004 ......rge sum of money as demanded by the police officer and for refusing to compromise the case concerning the murder of his own brother. He submits that the case was not proved beyond reasonable doubt by legal evidence. He submits that the petitioner was not named in the FIR and was not identified by th..Category: Criminal Law | Date: | Hits: 68
Ratan Sikder alias Ratinnya alias Ratan Das and another Vs. State, 2012, 41 CLC (AD)
....statement within 4 (four) weeks and the respondent shall file his concise statement one week thereafter. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......ent: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Ratan Sikder alias Ratinnya alias Ratan Das and another.................. Petitioners Vs. The State... .............................Respon...... that the case against the petitioners was false and concocted by the police for failure to pay Tk. 50,000/- as demanded by the arresting police officer, and was not proved beyond reasonable doubt by legal evidence. He further submits that Article 103 of the Constitution has been amended by Act No.1..Category: Criminal Law | Date: | Hits: 77
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