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Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....l Kabir Chowdhury J Mohammad Ullah……………........................Appellant Vs. Sessions Judge, Noakhali having office at Maijdi Court, Noakhali and others ............Respondents Judgment November 22, 2005. Cases Referr......peculiar circumstances may act under Article 104 of the Constitution of the People's Republic of Bangladesh to meet the ends of justice. It is also submitted that fresh trial of the petitioner is improper when he had suffered imprisonment from incompetent prosecution for no fault of his own but f..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....late Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Muhammad Ismail………...............................Appellant Vs. Md. Rafiqul Islam and others….....................Respondents Judgment March 7, 2007. Result: The appea...... of Criminal Procedure apparently suspending the proceedings of the said Sessions case is tenable in law. 9. Some important facts are now recapitulated by way of reiteration in the interest of the proper appreciation of the point involved. Following the alleged murder of the daughter of the appel..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....ppellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mrs. Saju Hosein..............Appellant (In Civil Appeal No. 129 of 2001) Mrs. Rani Begum and others.........Appellants (In Civil Appeal No. 130 of 2001) Vs. The Government of the Peop......shid and Mosammat Barkatannesa and received possession thereof and as required for mutation she sought clarification from the respondents No. 2 as to whether the above propÂerty was listed as vested property whereupon by certificate under Memo. No. 4818 V. P. dated 28.11.1978 addressed to the Circl..Category: Property Law | Date: | Hits: 40
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Syed J. R. Mudassir Husain J Shamsur Nessa and another................Appellants Vs. Md. Shajahan Ali and others.............Res......g the suit on contest. 2. Plaintiff-respondent Nos. 1 and 2 instituted Other Class Suit No.360 of 1973 in the Court of Munsif, Sadar, Rajshahi for declaration of their title to the suit property stating, inter alia, that one Tarini surrendered his korfa pattan in respect of ..Category: Property Law | Date: | Hits: 21
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
....n: V ADC (2008) 605. ...... of 1987 rejecting application filed by the petitioners praying for adding them as parties. 2. The respondent Nos.1 and 2 instituted the above suit for declaration of their title in the suit property and also recovery of khas possession of the same on the averments that Sharat Chandr..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Malek and another…………............Petitioners Vs. Md. Sanowar Ho......n No. 113, Mouza-Shontosh, Police Station and District-Tangail belonged to Kangal Chandra Denagir. After the death of said Kangal Chandra Denagir, his only son, Roma Choron Dey became owner of the property by inheritance. On 28-05-1956 by deed No.4660 Roma Choron Dey transferred the same that is..Category: Property Law | Date: | Hits: 26
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....ported in: V ADC (2008) 585. ......nfirmity in the judgment and decree passed by the trial court and accordingly affirmed the same. The High Court Division on going through the judgment also found that both the courts below on proper assessment of the evidence on record have come to a concurrent finding and the learned couns..Category: Property Law | Date: | Hits: 23
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Zakir Khondakar and others.............Petitioners Vs. Bimal Kumar Kunda and others ......Respondents......18 of 1988 decreeing the suit. 2. Facts, in brief are that the respondent No. 1 filed the above Title Suit No. 18 of 1988 for specific performance of contract on the averments that the suit property belonged to the defendant petitioners and the respondent No.3 (the proforma defendant..Category: Property Law | Date: | Hits: 26
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....heirs: Captain Salauddin & others......... Respondents (In both the cases) Judgment August 31, 2006. Case Referred to- Munsur Ali Mallik Vs. Md. Nurul Haque Mallik and others, BCR 1986 (AD) 56. Lawyers Involved: Fazlul Haque, Advocate instructed by......orded in the S.A. Khatian and that during 1965 war between India and Pakistan the aforesaid S.A. recorded owners left the country for India and the suit land was declared and treated as enemy property (now vested property). The suit land was leased out to one Abdul Baten in E.P. Case No.210..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
.... Md. Joynul Abedin J Md. Hassan Ameen J Md. Hashmat Ullah Tapadar ...........................................Appellant Vs. Md. Basel Khan @ Haji Abdul Baset Khan and others........Respondents Judgment February 3, 2008. Lawyers Involved: ......ereon. Abdul Aziz Tapadar, father of the plaintiff was allowed to run a shop on the schedule-I land and subsequently he gave up the possession of the same in favour of the Mutwalli of the waqf property. Therefore, the plaintiff had no right, title, interest and possession in the suit land. ..Category: Property Law | Date: | Hits: 22
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present Syed J.R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Murari Mohan Sarder and others...................Petitioners Vs. The Government of the People's Republic ......evealed in the leave petition, in short, are that the plaintiffs filed Title Suit No.421 of 1975 in the 2nd Court of the learned Assistant Judge, Satkhira for declaration of title to the suit properly and permanent injunction against the defendant respondent Nos. 1 to 3 stating, inter ..Category: Property Law | Date: | Hits: 24
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....d: A.K.M shahidul Haq, Advocate-On-Record- For the petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1186 of 2004. (From the judgment and order dated 7th January, 2006 passed by the High Court Division in Civil Revision No. 2100 of ......se of the defendants that since the deed of gift of the year 1944 Moheshkhali High School is in possession of the suit land. 6. Accordingly we are of the view that the High Court Division on proper appreciation of the materials on record arrived at a correct decision and there is no c..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....late Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Government of Bangladesh, represented by  the   Secretary, Ministry  of  Land,Bangladesh Secretariat, Eden Building, Dhaka and others..................Petitioners. Vs. ......79, D.P. Khatian (Field Parcha) No. 3757 D.P. and D.P. Dag No. 12831, 12832, 12833, 12834, 12835, 12836 and 12837 under P.S. Kotwali, present P.S. Lalbagh in the City of Dhaka from the list of vested property which was included by the Additional Deputy Commissioner (Revenue), Dhaka and as such, list..Category: Property Law | Date: | Hits: 33
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
.... (2008) 329; 61 DLR (AD) (2009) 8. ......the High Court Division has not applied judicial mind that the lower appellate Court has not given any reason whatsoever for reversing the judgment of the trial Court and such judgment being not a proper judgment of reversal to the serious prejudice of the petitioners occasioning a failure of ju..Category: Property Law | Date: | Hits: 41
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
...............Petitioner Vs. Sultan Mahmud Chowdhury.................................Respondent Judgment August 5, 2007. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not ......which shows absence of good faith and when any action is actuated not by good faith but otherwise, the same must be held to be malafide. 8. We are of the view that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The lea..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....ul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1356 of 2005. (From the judgment and order dated 22nd March, 20Q5 passed by the High Court Division in Civil Revision No. 530 of 2001......fect that the appellate Court below on misreading and on misinterpretation of the evidence on record allowed the appeal. and decreed the Suit being failed to appreciate the evidences on record in its proper perspective and came to an erroneous finding that the Appellate Court below reversed the judg..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
.... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Korea Bangladesh Food Products Limited ............Petitioner Vs. National Bank Limited and others .............Respondents Judgment February 7, 2008. Lawyers Involved......33(1) of the Artha Rin Adalat Ain, 2003 was served upon him. So, the subsequent steps taken under Section 33(4) of the Artha Rin Adalat Ain, 2003 was illegal. Further the valuation of the mortgaged properties has been assessed at a shockingly low rate. The plaintiff bank assessed the valuation at..Category: Business or Commercial Law | Date: | Hits: 82
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....preme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Hassan Ameen J Abdul Kader Mirza and others..........................Appellants Vs. Bangladesh and others………â......without trial for an indefinite period and it is a fundamental right of an under-trial prisoner to get speedy trial and that the Act XXVIII of 2002 providing for speedy trial by Tribunal is legal and proper; that sections 5 and 6 of the Act XXVIII of 2002 having been challÂenged in writ jurisdictio..Category: Criminal Law | Date: | Hits: 59
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....bsp; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Government of the People's Republic of Bangladesh and others………………Appellants Vs. Iqbal Hasan Mahmood alias Iqbal Hasan......eeding relating to an assessment in respect of the same income year, concealed particulars of his income or furnished inaccurate particulars of such income or understated the value of any immovable property in connection with its sale or transfer with a view to evading tax, he or it may impose up..Category: Fiscal/Taxation Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Ayub Ali and another, 2007, 36 CLC (AD)
.... Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Government of Bangladesh represented by the Secretary Ministry of Environment and Forests and others.............Appellants (In Civil Appeal No. 330 of 2003) Government o......missing the suit which was decreed by the trial court on the ground that the suit land being a mango garden not being a forest or waste land was not liable to be vested in the Forest Department for proper conservation and management. 8. The short fact leading to the filing of the aforesaid..Category: Property Law | Date: | Hits: 23
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