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Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......n-Record-For the Respondent No. 11. Not represented-Respondent Nos. 1-10, 12. Civil Petition for Leave to Appeal No. 1042 of 2007. (From the judgment and order dated 10.06.2007 passed by...... Parishad or of the state on he ever became physically or mentally incapacitated from performing his functions or he was never guilty of misconduct or responsible for any loss or misapplication of money or property of the Union Parishad within the meaning of Section 12(1) of the Union Parishad O..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....adesh Bank was also annexed with the application made before the High Court Division. 6. Being aggrieved by and dissatisfied with the ex-parte final decree and also due to the illegal claim of Tk.1,31,69,377.06 by Mortgage Decree Execution Case No.44 of 1994 the petition...... Petitioner. Mahmudul Islam, Senior Advocate, instructed by Mahbubur Rahman, Advocate-on Record- For the Respondent No. 1 Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1001 of 2004. (From the judgment and order dated 11.01.2004 passed b......ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ..Category: Property Law | Date: | Hits: 37
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....btain pecuniary advantage for themselves or for others. All other accused acted illegally in collusion with each other to obtain a pecuniary advantage. By the allotment of the aforesaid land to those claimed to be affected persons, the former President HM Ershad and MM Rahmatullah former Chairman ......ppeal No. 1131 of 1993 dismissing the appeal with modification of sentence from simple imprisonment of seven years to a sentence of fine of Taka 10,000 each, in default, to suffer Simple Imprisonment for 2 (two) years each and maintaining the confiscation of plot Nos. 49A, 49B and 49C within Karwan ......o four plots i.e. Nos.49, 49A, 49B and 49C. Plot No. 49 with an area of 12 kathas was allotted to accused Shahinoor Islam, Aftara Begum and one Sadeque Hussain at a total price of Taka 23,33,600. The money was deposited on 18-9-1989, possession of the land was delivered on 19-9-1989 in favour of t..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... 4. As it appears the High Court Division disposed of the miscellaneous appeal and the connected Rule holding that both the parties are the co-sharers in the suit land and the plaintiff respondent claimed .12 decimals out of .22 decimals and that earlier the Joint District Judge, 1st Court by hi......; Mahbubey Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5. Not represented-Respondent Nos. 6-65. Civil Petition for Leave to Appeal No. 96 of 2006. (From the judgment and order dated 14.12.2005 passed by ......t petitioners submits that the defendants have been in possession of the suit land since long and they started construction of a 5 storied building on the suit land and have invested huge amount of money and it is a settled principle of law that the possession of the suit land is vital in respect..Category: Property Law | Date: | Hits: 27
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....duled land for reason hat the said land having been acquired for development of plots for commercial purpose by the road side and also that the suit land cannot be said unused land. The plaintiffs claimed that they are entitled to get back the unused land by refusing the compensation money they ...... A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No.1547 of 2006. (From the judgment and order dated 05.01.2006 passed b......r commercial purpose by the road side and also that the suit land cannot be said unused land. The plaintiffs claimed that they are entitled to get back the unused land by refusing the compensation money they had received together with development cost as per law. The land claimed by the pla..Category: Property Law | Date: | Hits: 26
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
.... Suit No.77 of 1994 in the Artha Rin Adalat against the respondents and others for recovery of Tk. 32,31,99,460.38. After contest the suit was decreed by judgment and order dated 26.04.1999 for the claimed amount with interest @ 15% thereon and cost. Being aggrieved by the same respondents pre&s......emorandum of Appeal with bank guarantee. 2. The facts of the case, in short, are that the petitioner filed Money Suit No.77 of 1994 in the Artha Rin Adalat against the respondents and others for recovery of Tk. 32,31,99,460.38. After contest the suit was decreed by judgment and order dated...... said Ain for furnishing bank guarantee for filing an application under Order 9 Rule 13 of the Code of Civil Procedure against the ex parte decree and since it is impracticable to deposit huge cash money by chalan and since there is an indication in the law itself that the decretal amount ca..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....er law the single allotment of the writ petitioner was converted to joint allotment and accordingly registered lease deed dated 05.11.1994 was executed in joint names. The respondent No. 4 petitioner claimed that she had provided TK. 5,68,000.00 to her husband writ petitioner respondent No.1 for the......passed by the High Court Division in Writ Petition No. 1236 of 1997 making the Rule absolute. 2. The case of respondent No.1 as writ petitioner was that while serving in Bangladesh Army he applied for allotment of a plot in Johar-sahara residential project on 10.12.1991. Thereafter, at his reques...... finance corporation as loan was deposited by him in his own name in Islamia Umma Corporation as evidenced from an application dated 10.06.1996 of the petitioner regarding the said depositing and a money receipt dated 26.01.1995 annexed as Annexure-10 and 10A in affidavit-in-opposition. Furthermor..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....ter on consideration of the said report of the Deputy Commissioner made a decision for acquisition of the case land and the Deputy Commissioner then issued a public notice under section 6 inviting claims for compensation informing all concerned that the Divisional Commissioner took a decision to......being the subject matter of Writ Petition No.5392 of 1976 and Plot No. 380 being the subject matter of Writ Petition No.576 of 1998 hereinafter called the case land as without lawful authority and for a direction on the writ-respondent appellants to drop the said proceeding. 3. The ......Dhaka-Chittagong High Way close to the acquired land with a request not to acquire their land. Their objection was rejected on due enquiry. The writ-respondent No.5 thereupon deposited compensation money with the Government as per estimate furnished by the Government and thereafter the Deputy Co..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....phyxia resulting from suffocation which was anti-mortem and homicidal in nature. The post-mortem report not only confirmed that the death occurred due to strangulation but also excluded the claim of the prosecution that deceased Peara Begum succumbed to the injuries caused to her by the co....... Sonali Bank and others, 37 DLR (AD) 42. Lawyers Involved: A.B.M. Bayezid, Advocate-For the Appellant. Mrs. Umme Kulsum, Begum, Deputy Attorney General-for the Respondent. Jail Appeal No. 01 of 2005 (From the judgment an......nt for life. The condemned prisoner be placed with the convicts who are undergoing sentence of imprisonment for life. Ed. This Case is also Reported in: V ADC (2008) 1001. ..Category: Criminal Law | Date: | Hits: 62
Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)
.... said Act plaintiffs are entitled to an amount between Taka 500/- and Taka 800/- for 15 years and they are also entitled to benefit of group insurance, that plaintiffs represented to the authority claiming payment as per the provision of Ordinance of 1982 as amended and the Act (amended) 1994 bu......it filed seeking relief that the plaintiff is entitled to the benefit of benevolent fund and group insurance under the provision of Ordinance No. XXXIX of 1982 instead of the law prevalent on the aforesaid matters in 1968 and 1969 i.e. not as per provision of Government Servants Benevolent Fund ...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ..Category: Employment/Service Law | Date: | Hits: 82
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
....tter, a son of Haji Siddique Ali and after knowing this, the plaintiff collected the certified copy of the said gift deed on 26.05.1988 and came to know that Abdus Satte, son of Haji Siddique Ali, claiming himself as the only heir of his wife Efatunnessa Khanam, claimed to be the owner of 0.10 d......an, Senior Advocate with A.K.M. Ali, Advocate instructed by Md. Nawab Ali, Advocate-on- Record-For the Respondent No.1. None represented -For the Respondent Nos. 9-10. Civil Petition for Leave to Appeal No. 447 of 2006. (From the judgment and order dated the 4th January, 200......plot in Dag No.1643 by way of possessing the said land jointly in equal shares and subsequently Haji Abdur Raquib transferred his 8 annas share to the plaintiff in lieu of appropriate consideration money on 15.12.1960 and as there existed friendly relationship between the plaintiff and Haji Abdu..Category: Property Law | Date: | Hits: 29
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......eamat Hossain, Advocate instructed by Md. Firoz Shah, Advocate-on-Record-For Respondent No.1. (Appeared with the leave of the Court). Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 864 of 2006. (From the judgment and order dated 17.08.2004 passed by...... 5. The respondent filed the appeal on grounds of opposition, inter-alia, that the appellant has been using the trade mark "Potato Crackers" since 1986 and by expending huge amount of money for advertising the mark it has become the most popular brand in the country and the petition..Category: Intellectual Property Law | Date: | Hits: 306
Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)
....0.01.1962 a registered lease deed was executed between the parties. Md. Hossain has no relationship with Abu Mohammad Ezahar Hossain. He also failed to supply necessary documents in support of his claim. The disputed plot has rightly enlisted as abandoned property. The High Court Division discha......spondents Judgment January 23, 2008. Lawyers Involved: Md. Nazrul Islam Talukder, Advocate-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 344 of 2006. (From the judgment and order dated 23.08.2005 passed by......ision upon correct assessment of the materials on record arrived at a correct decision. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 957. ..Category: Property Law | Date: | Hits: 21
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
....iness and as such question of demolition of partition wall in 1990 does not arise, that the respondent also filed an additional written statement and stated that, the present appellant though claiming that she became owner by way of gift from his father but deed of gift does not attrac...... Judgment Syed J.R. Mudassir Husain J.- This appeal arises out of leave granted by this Division in civil petition for leave to Appeal No. 1302 of 1999 against the judgment and order dated 22-7-1999 passed by a Si...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ..Category: Property Law | Date: | Hits: 32
Sree Santash Kumar Sarker and another Vs. Sree Shanker Chandra Mondal and others, 2007, 36 CLC (AD)
....he submissions of the learned Advocate for the petitioners has got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 948. ...... October 2, 2007. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners Respondents-Not Represented. Civil Petition for Leave to Appeal No. 227 of 2006 ......ulla Bala while constructing his house gifted the suit properties in their favour and delivered possession and thereafter, they completed the unfinished work of constructions by their own money. Profulla Bala on 24-08-1982 executed a deed of gift and registered on 21-12-1982. After exec..Category: Property Law | Date: | Hits: 26
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ief as prayed for and whether the plaintiff is entitled to get any other relief. 7. In course of trial, the plaintiff and the defendants have adduced witnesses in support of their respective claim. The learned trial judge upon careful consideration of all the evidence both oral and d......lved: Abdul Quayum, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not Represented -For the Respondents. Civil Petition for Leave to Appeal No. 556 of 2006 (From the judgment and order dated 25.10.2005 passed by ......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....er to adduce additional evidence because such amendment is necessary for determining the real question of controversy between the parties, giving an opportunity to the plaintiff to substantiate his claim. (26 and 27) Judgment of Amirul Kabir Chowdhury J. giving majority view. Cases.........Respondents Judgment January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is ne......doing private practice. The respondent was then living with the appellant in Dhaka. The appellant was also Professor of Pathology in Dhaka Medical College Hospital and thus he was earning a lot of money. The respondent No.1 also managed a job in the Motijheel Central Government Dispensary a..Category: Procedural Law | Date: | Hits: 173
....illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
......te, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner.
Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-3.
Not represented–Respondent No. 4.
Civil Petition for Leave to Appeal No. 861 of 2007.
(From the judgment and order dated 17.5.2007 passed by the ......20th June, 2007, Tk. 15,00,000.00 (Fifteen lac) failing to deposit any of the installments, the rule shall stand discharged and stay vacated.
The opposite parties will be entitled to withdraw the money, if any is deposited.
The learned Advocate for the petitioner is directed to file affidavi..
Category: Civil Law | Date: | Hits: 120
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......ber 14, 2008. Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No.1357 of 2008. (From the Judgment and Order dated 1st June, 2008 passe......s paid by the defendant in favour of the plaintiff and decreed the suit. The payment of dower is a question of fact and the Courts below decided the issue in favour of the plaintiff that no dower money was paid by the defendant. That finding is concurrent and based on evidence". ..Category: Family Law | Date: | Hits: 188
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nt and the same is supported by the paper filed by the plaintiff, that from the defendants' side no paper was filed to show that the land in suit was acquired and that compensation was paid to the claimant of the land i.e. plaintiff's father Ibrahim, that from the papers filed on behalf of ......Advocate-on-Record—For the Petitioners. Md. Aftab Hossain, Advocate-on-record—For the Respondent No. 1. Not represented—Respondent Nos. 2-18. Civil Petition for Leave to Appeal No. 268 of 2005. (From the Judgment and Order dated March 30, 2004 passe......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..Category: Property Law | Date: | Hits: 25
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