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Salahuddin Khan and others and others Vs. Md. Abdul Hai Bahar and others, 2011, 40 CLC (AD)
....ant Nos.1 and 2 and respondent No.20 as plaintiffs instituted Title Suit No.43 of 1996 in the Court of Subordinate Judge, first Court, Khulna (now Joint District Judge) for redemption of the mortgage property along with other reliefs on the averments, inter alia, that plaintiff No.1 is a priÂvate l......in CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Salahuddin Khan and others and others...................Appellants Vs. Md. Abdul Hai Bahar and others………......fs had no locus stand to proceed with the suit as they were neither Directors nor Share-holders. The learned Judges further observed that it would be useless to allow the suit to proceed as it had no legal stand. 14. In the backdrop of the facts and circumÂstances of the case, the findings given..Category: Civil Law | Date: | Hits: 86
Amin Mia (Md.) Vs. Nazir Ahmed and another, 2008, 37 CLC (AD)
....on correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 136, 19 BLT (AD) (2011)137. ......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Fazlul Karim J Md. Joynul Abedin J Amin Mia (Md.)……………………………………...Petitioner Vs. Nazir Ahmed and another……………………...Respondent Judgment December 14, 2008. Lawyers Involv......m the eviÂdence of P.W. 5, the Investigating Officer it appeared that the relevant cheques were not seized and only counterfoils were seized. The High Court Division held that counterfoils cannot be legal evidence unless the original cheques are proved to be encashed by the accused-petitioner. Acco..Category: Criminal Law | Date: | Hits: 89
Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)
.... in Title Suit No.12 of 1986 granting mandatory injunction against the appellant namely, Mukti Judda Kallayan Trust, defendant in the suit. 2. Facts leading to this, in short, are that the instant property which are few jute godown at Narayanganj being Municipal Holding No.150/152, BK Road Naraya......urisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Bangladesh Mukti Judda Kallyan Trust…………………………………………Appellant Vs. Nurul Hossain and others……………………………………..Respondents Judgment December 18, 1990. ......odown of the plaintiff was closed by the Magistrate under the order of the Deputy Commissioner, Narayanganj and it is the case that the Government through the Magistrate and the Deputy Commissioner illegally broke open the lock of the office and the godown of the plaintiff in the said premises and r..Category: Property Law | Date: | Hits: 389
Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)
....ixing the date for further steps but it apÂpears to have been done on a clear misreading of the Rule and the stay granted by this Court. This misÂtaken reading can only be attributed to the lack of proper knowledge of the proceeding of this Court by the Court below namely, the Metropolitan MagisÂ......urt High Court Division (Criminal Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Abdul Jabbar……………………Petitioner Vs. The State and Pradip Kumar Biswas………………………Opposite Parties Judgment January 21, 1991. ......opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21...Category: Criminal Law | Date: | Hits: 84
Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)
.... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ......4 DLR (HCD) (1992) 14. ...... the impugned Gazette Notification No.5(122)/91 ‑Election 1/NA dated 10.3.91 (Annexure‑A) issued by the respondent shall not be declared to have been made without lawful authority and to be of no legal effect, The impugned Gazette Notification dated March 10, 1991 reads as follows: ‘‘নà..Category: Constitutional Law | Date: | Hits: 164
Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)
....t class having jurisdiction in the place where the said person ordinarily resides; and thereupon the provisions of sections 87, 88 and 89 of the Code shall apply in respect of the said person and his property as if the order directing that he be detained were a warrant issued by the Magistrate; (......sain……………………………..Petitioner (Writ Petition No.947 of 1991) Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and another………………Respondents (In both the Writ Petitions). Judgment August 27, 199......Notification No.500: Saw: Ma (Nira‑3) dated 23.1.91 (Annexure‑A) pending before the Special Tribunal No.3, Dhaka should not be declared to have been taken without lawful authority and to be of no legal effect. 3. In Writ Petition No.947 of 1991 at the instance of Sardar Amjad Hossain (a form..Category: Criminal Law | Date: | Hits: 88
Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)
....and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further period of 1 (one) year. 2. The prosecution case, in brief, is that the informant had dispute regarding land property with his cousins (চাচাতো à¦à¦¾à¦‡). That cousin used to threaten the informant......espondent Judgment April 26, 2011. Lawyers Involved: Md. Khairul Alam-For the Appellant. Biswajit Deb Nath, Deputy Attorney General with Nizamul Hoque Nizam, Assistant Attorney General and Shaikat Basu, Assistant Attorney General -For the State. Criminal Appeal No. 427 of 1996. ......he learned D.A.G. submits that even if it is not disclosed by the witnesses to the I.O. it can be cured under section 537 of the Code of Criminal Procedure and their statement before the Court is the legal evidence and it should be accepted as true. Learned D.A.G. further submits that the number of ..Category: Criminal Law | Date: | Hits: 73
Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)
....o barred by 226 and 107 days respectively and the explanation for delay are far from satisfactory. These petitions are dismissed. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 129. ....... ...... 1408 of 1993 absolute declaring the lay out plan No.TP/RLP/I886/FEB-1/91(5) dated 9-2-91 as evidenced by Annexure 'G' to the writ petition to have been made without any lawful authority and is of no legal effect and further directing the petitioners to restore all civil facilities to the respondent..Category: Property Law | Date: | Hits: 92
Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)
....n of the said allotted land was duly handed over to the lessee upon receiving the lease money. In the review application it was further asserted that the letter dated 12.01.1992 was issued in quite improper manner as on the very date of issuance of their letter there was no existence of the said 1 b......ivision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Bangladesh, repreÂsented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Police Station-Ramna, Dhaka and othÂers...........Petitio......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ..Category: Property Law | Date: | Hits: 85
Abdus Salam Vs. Hafez Ahmed and others, 2011, 40 CLC (AD)
.... perpetual injunction in respect of 1.3875 acres of land out of 1.85 acres in 12 annas share which was fully described in the schedule to the plaint. The case of the plaintiffs, in short, is that the property in schedule to the plaint is a tank and the bank surrounding it which is popularly known as......III ADC (2011) 370.......is Case is also Reported in: VIII ADC (2011) 370...Category: Property Law | Date: | Hits: 77
Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)
....Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ......ucted by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the High Court Division in First Appeal No. 288 of 2002). Jud......eing aggrieved by this judgment and order the present petitioner filed First Appeal No. 288 of 2002 before the High Court Division on the main ground that the appointment of the sole arbitrator was illegal and, as such, the award passed by him also was illegal and without jurisdiction. By the impugn..Category: Alternative Dispute Resolution | Date: | Hits: 182
Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)
....ingly. S.A. Khatian No.197 and R.S. Khatian No.1248 were accordingly prepared in his name. He died intestate on 18.06.1975 leaving behind a widow, namely, Khatibunnessa, who inherited the entire suit property as sharer of 4 annas share as his wife and the remaining 12 annas share as per the 'Doctrin......: VIII ADC (2011) 344.......ourt, Dhaka and also for declaration that the kabala executed through Court on 27, 02.1980 in Title Execution Case No.3 of 1980 by the Subordinate Judge, 3rd Court, Dhaka was fraudulent, collusive, illegal and void and not binding upon the plaintiffs. The suit land measuring an area of 0568 ajutangs..Category: Property Law | Date: | Hits: 72
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....f it differs the case shall be referred to a Full Bench". 10. Thus, if a Division Bench does not accept as correct the decision on a quesÂtion of law of another Division Bench, the only right and proper course is to refer the matter to a Full Bench. Every Judge of the High Court Division before ......n J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J The Public Service Commission, representÂed by its Chairman, Bangladesh Public Service Commission Secretariat, Dhaka and others..............Petitioners (In Civil Petition Nos.512 & 514 of 2010) People's Repub......t as those appointees have not been impleaded in the writ petiÂtion as party, the petitions are not mainÂtainable. 5. The High Court Division observed that the second viva-voce examination was illegally held but the persons selected or recommended after such examination will not be affected as ..Category: Constitutional Law | Date: | Hits: 247
....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331....... Reported in: 45 DLR (HCD) (1993) 331.......n the drain passage of Chittagong Development Authority Avenue, Chittagong by the Chittagong Municipal Corporation should not be declared to have been undertaken without lawful authority and is of no legal effect.
2. The Rule was issued at the instance of the petitioners 1 and 2. On the death of ..
Category: Property Law | Date: | Hits: 58
Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)
....dispossess the plaintiff opposite party from the suit land. Hence the suit for permanent injunction. 3. The defendant petitioners' case is that the said Gulapjan Bibi is their phupu (aunt) and the property in question is an ejmali property belonging to their phupu, Golapjan Bibi and their father.......order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 328. ...... that in the instant case the facts are such that section 44 of the Transfer of Property Act is also attracted. The said section reads: "Where one of two or more co‑owners of immovable property legally competent in that behalf transfers his share of such property or any interest therein, the t..Category: Property Law | Date: | Hits: 101
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....dents Judgment January 27, 2011. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003), section 33(7) The writ petition does not have any averment that the petitioner did not mortgage the property in favour of the respondent-bank, or statement whether he was a party in the Artha Rin Suit......urt High Court Division (Special Original Jurisdiction) Present: Nazmun Ara Sultana J Md. Ruhul Quddus J Nasirul Islam, since deceased substituted by his legal heirs Mrs. Mily Khan and others ...........Petitioners Vs. Bangladesh and others ……………….........Respond......so Reported in: ..Category: Civil Law | Date: | Hits: 85
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....re not inclined to give any decision as to whether the respondent No.5 was validly removed or Mrs. Rowshan Akhtar was validly elected as the Chairman which will be decided in accordance with law in a proper forum. At the moment we are concerned with the impugned order which was passed by the Governm......l Karim J Bangladesh Hastashilpa Samabaya Federation Ltd. (KARIKA)………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co‑operatives, Bangladesh Secretanat, Dhaka and others ..........................Respondents. ......on, hereinafter referred to as the 'KARIKA', and the connected order dated 25.10.92 passed by the respondent No.1 should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The case of the petitioner is, that it is a registered Central Co‑operative So..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....t to her house. He further stated in cross‑examination that Ali Mia, father of Nurul Hoque had moved 6 years ago to a new house from the old house and went to new house after a quarrel, with landed property, with the father of the condemned prisoner and after he went to the new house their relatio......Division (Criminal Appellate Jurisdiction) Present: Anwarul Hoque Chowdhury J Md. Abdul Karim J State ........... Appellant Vs. Nurul Hoque ....Respondent (Absconding) Babul and another ................Appellants Vs. The State …………..Respondent Judgment ...... prosecution had been able to prove the charge as levelled against the accused beyond all reasonable doubts and convicted and sentenced them under various sections of the Penal Code and there is no illegality in the judgment and order for this Court to interfere in this appeal and the appeal be dism..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....ase No.1006 of 1987 dismissing the case for default on the ground of non‑appearance of the petitioner at the time of hearing of the case. 2. The petitioner's case, briefly, is as follows: The property involved in this case, a house property bearing holding No.2/17, Nurjahan Road Block‑D, w...... This Case is also Reported in: 45 DLR (HCD) (1993) 304.......o.54 of 1985 the Court of Settlement ought to have given a decision in the case irrespective of non‑appearance of the parties and as such the impugned order is without lawful authority and is of no legal effect. 5. Mr. AK Mujibur Rahman, the learned Deputy Attorney‑General appearing for the r..Category: Procedural Law | Date: | Hits: 59
.... petitioner that as the Court of Settlement in case No.422/87 (Ka‑126‑Sutrapur, Dhaka, by its judgment dated 19.9.88 declared that Khairunnessa is the rightful Bangladeshi owner of the said house property with the land and the property in question in the facts and circumstances of the case canno......isdiction)
Present:
Fazle Hussain Mohammad Habibur Rahman J
KM Hasan J
Mohsin Kabir (Rupan).........................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………………Respondents
Judgment
July 18, 1991.
Cases Referred To-
......stant Commissioner, Abandoned Property Management Board, Dhaka by his memo No.14 Shuk‑170/85‑69 (Annexure C) shall not be declared to have been issued without any lawful authority and to be of no legal effect.
2. Impugned order contained in Annexure G dated 9.6.91 issued by the respondent No...
Category: Property Law | Date: | Hits: 86
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