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Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....law has estabÂlished no specific remedy and where in justice and good government there ought to be one. In a case where this remedy is in other respects warranted, it is rarely that the Courts in England have considered an action in law to be such an adequate alternative remedy as to refuse the wri........................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 11, 2005. Result: The appeal is allowed. Case Referred To- Currimbby & Co. Ltd Vs. LA Greet and other, AIR 1933 PC 89; Collipara Srira...... was obtained against the Memo No. 1060/Proc dated 17-8-1998 issued by the appellant withdrawing the letter of intent dated 3-8-1998. 2. The respondent No.1 filed the above writ petition stating that the appellant floated a tender inviting proposals for supply, installation and maintenance of 10......s Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ntaminated tubewells in villages varies from more that ninety percent to less than five percent. Geographically, the tubewells in the delta and the flood plains regions, which comprise 72% of the land area, are more or less affected by arsenic contamination. 3.0 Policy Statements. ......ip;………..Appellant. Vs. Ministry of Local Government and Rural Development & others... ..................Respondents Judgment August 27, 2005. Cases Referre to: Virendar Gaur vs. State of Haryana (1995)2 SCC 577; Vineet Narain vs Union ......ironment Conservation Act, 1995 and the Environment Conservation Rules, 1997 in taking action, inter alia, to seal tube-wells contaminated with arsenic and to test water quality and to ensure that the contents of arsenic in the ground water did not exceed a particular quantity as noted in th......neet Narain vs Union of India, AIR 1998 SC 889; MC Mehta vs Union of India, 1999 (6) SCC 12; Dr. Mohiuddin Farooque vs Bangladesh, 55 DLR 613. Lawyers Involved: Dr Kamal Hossain, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record—For the Appellant. Ex-par..Category: Environmental Law | Date: | Hits: 255
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....e. 2. The respondent, as plaintiff, filed Title Suit No. 35 of 1997 in the Court of Senior Assistant Judge, Matlab, Chandpur seeking permanent injunction on the averments that 8.77 acres of land appertaining to CS Khatian No. 34, including the suit plot, belonged to Banga Chandra, Mohon B......dismissed. Ed. ......r Vs. Abdul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: Nikhilesh Dutta, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. ......dul Ali Pradhania @ Abul and another.......Respondent Judgment August 15, 2007. Lawyers Involved: Nikhilesh Dutta, Advocate, instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition ..Category: Property Law | Date: | Hits: 33
Collector of Customs, Chittagong & anr Vs. M.M Shafullah and ors., 1978, 7 CLC (AD)
....he language of S. 167(9B) of the Act. For these reasons this appeal fails and it is dismissed, but having regard to the circumstance of the case, we make no order as to costs. Ed. ......& anr……………Appellants Vs. M.M Shafullah and ors………….…Respondents Judgment June 29, 1977. Cases Referred to: Bal Kissan Vs. Collector of Customs AIR 1959 Calcutta 533; Palrwala Brother......ion No. 101 of 1968) Judgment K. Hossain J.- In this appeal an interpretation of S. 167(9B) of the Sea Customs Act is involved. The facts leading to the question in appeal are that M.M. Shafiullah, the firm respondent, the sole proprietor of a firm at Khulna deals with agricu......preme Court Appellate Division (Civil) Present Syed A. B. Nahmud Hossain CJ Kemaluddin Hossain J D. C. Bhaitacharya J Collector of Customs, Chittagong & anr……………Appellants Vs. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....el Section 75A of the Act provides that on and from the date of publication of a notification under sub-section (3) of section 17 or under sub-section (1) of section 31, no person shall sublet any land in his khas possession in the area to which such notification relates and that any subletting,...... Judgment August 26, 1977 Lawyers Involved: K.A. Bakr, Senior Advocate, with Serajuddin Ahmed, Advocate, instructed by B C. Panday, Advocate-on-Record.—For the Petitioner. Not represented—Respondents Civil Petition ...... Ed. ...... Syed Altaf Hossain and another…………..Respondent Judgment August 26, 1977 Lawyers Involved: K.A. Bakr, Senior Advocate, with Serajuddin Ahmed, Advocate, instructed by B C. Panday, Advocate-on-Record.&mdash..Category: Property Law | Date: | Hits: 34
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
.... brother, Golam Bari, that is father of Abu Taher and Abul Kashem, had died about 20 years ago. Both uncle and nephews reÂside in the same bhiti of their village-Chachuria, PS Banskhali. There was a land dispute between the unÂcle Abdul Bari and his nephews. Abu Taher and Abul Kashem, for about si......2) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the statement made during investigation and in the case of any glaring inconsistency amounting to perjury, the witness may be prosecuted for giving fals......trial Court's view is given great weight and when its finding is accepted as correct on re-assessment by the appellate Court, then the Appellate Division does not like to interfere. When it is found that the established principles of assessment of evidence have not been followed and it has been acce...... 1990. Result: The Appeal is allowed. The Code of Criminal Procedure, 1898 (V of 1898), section 164 The Evidence Act,1872 (I of 1872) Sections 157 & 5 The statement of a witness recorded under section 164 of the Code of Criminal Procedure is meant for binding him down to the state..Category: Criminal Law | Date: | Hits: 74
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....d and registered on May 24, 1984 by Sukhada Sundari and others in favour of defendant Nos. 2 and 3 are illegal and void. 2. The suit was filed seeking declaration of title in respect of the land described in schedule 'ka' attached to the plaint and for declaring 4 kabalas described in sch......nbsp; August 7, 2006. Cases Referred to- 35 DLR (AD) 216; 56 DLR (AD) 53; 25 DLR (SC) 90; 10 DLR (PC) 1; 43 DLR 18...... and for declaring 4 kabalas described in schedule 'Kha' illegal, fabricated, forged, void, collusive and, as such, not binding on the plaintiffs. 3. The suit was filed stating, inter alia, that the land in suit belonged to 3 brothers in equal shares and on the death of 2 unmarried brothe......rred to- 35 DLR (AD) 216; 56 DLR (AD) 53; 25 DLR (SC) 90; 10 DLR (PC) 1; 43 DLR 18; 39 DLR (AD) 237; 48 DLR (AD) 154; 57 DLR (AD) 55. Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Appellants. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....ecree dated May 20, 1995 of the Court of Assistant Judge, Kotiadi, Kishoreganj in Other Class Suit No. 28 of 1994 decreeing the same. The suit was filed seeking declaration of title in respect of the land in suit, recovery of possession upon evicting the defendants from the land in suit and demolish......, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by the High Court Division in Civil Revision No. 2580 of 2000). Judgment: Md Ruhul Amin......tion of title in respect of the land in suit, recovery of possession upon evicting the defendants from the land in suit and demolishing the structures in the land in suit and for further declaration that the order dated April 22, 1977 passed by defendant No.3 treating the property in suit as vested ...... Bangladesh........................Petitioner Vs. Md. Shahabuddin and others.................Respondents Judgment June 18, 2006. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....s executed on June 17, 1987 and on that date principal defendants i.e. respondent Nos.1 and 2 herein, paid Taka 45,00,000 to the plaintiff and thereupon plaintiff parted with the possession of the land in suit in favour of the principal defendants, that subsequent to the date of contract the def...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J AA Raziul Karim Chowdhury...............Appellant Vs Nasim Bin Rahman & ors... ................Respondents Judgment January 21, 2007 ......hers, 1981 BCR (AD) 207; Secretary, Ministry of Works and others vs Kazi Ashrafuddin Ahmed, 55 DLR (AD) 16; Mir Abdul Ali vs. Md. Rafiqul Islam, 40 DLR (AD) 75; Progati Industries Ltd vs Shahida Khatun and others, 43 DLR 429; Quazi Din Mohammad vs. Alhaj Arzan Ali and another, 47 DLR (AD) 48. ...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J AA Raziul Karim Chowdhury...............Appellant Vs Nasim Bin Rahman & ors... ................Respondents Judgment January 21, 2007 Cases Referred To-..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....uit was filed seeking declaration that the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue),Rangpur in Miscellaneous Case No. 37 of 1981-82 declaring the land appertaining to RS Khatian No.7 as khas land is void, illegal, inoperative and without jurisdi......p;………..Respondents Judgment November 11, 2006 Lawyers Involved: Md. Fazlul Karim. Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Rabi Sankar Chakraborty, Advocate instructed by AKM Shahidul Huq, Ad......December 7,1986 of the Court of Munsif (now Assistant Judge), Mithapukur Upazila, Rangpur in Other Class Suit No. 313 of 1983 dismissing the same. 2. The suit was filed seeking declaration that the order dated June 30, 1983 passed by defendant No.1, Additional Deputy Commissioner(Revenue)...............Appellant Vs. Kamala Kanta Barman…………..Respondents Judgment November 11, 2006 Lawyers Involved: Md. Fazlul Karim. Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Appellant. Rabi S..Category: Property Law | Date: | Hits: 35
Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
.... title. 2. The appellants instituted the suit as plaintiffs on 26-1067 in the first Court of Subordinate Judge, Dacca against Bangladesh, the respondent for declaration of their title to the land in suit and also for declaration that a certain notice, issued by the Member, Board of Revenue........ Appellants Vs. Bangladesh……………..Respondents Judgment June 27, 1977. Lawyers Involved: Akram Hossain Amin, Advocate — For the Appellants. Sultan Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdh......peal is dismissed with costs. Ed. ......ellants Vs. Bangladesh……………..Respondents Judgment June 27, 1977. Lawyers Involved: Akram Hossain Amin, Advocate — For the Appellants. Sultan Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdhury, A..Category: Property Law | Date: | Hits: 36
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....d to: Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44; Commissioner of Taxation Vs. Trustees of St. Mark's Glebe, 1902 Appeal Cases 416; Norman Vs. Norman, 1950 (1) All England Law Reports 1082. Lawyers involved: Ahmad Sobhan, Senior Advocate instructed by......Munim J Baitul Mukarram…………..Appellant Vs. Taxation Officer and another……….Respondent Judgment June 2, 1977 Cases Referred to: Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44; Commis......out any order as to costs. Ed. ......p;..Appellant Vs. Taxation Officer and another……….Respondent Judgment June 2, 1977 Cases Referred to: Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44; Commissioner of Taxation Vs. Trustees of St. Mark's Glebe, 1902 A..Category: Fiscal/Taxation Law | Date: | Hits: 90
Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)
.... stated in the plaint that the property does not belong to forest department but still the defendant Nos. 1-3 have been threatening the plaintiffs to dispossess them on the plea that the land belonged to forest department and being afraid of forceful dispossession they fleet const...... Stay granted earlier be further extended till disposal of the appeal. Ed. ......t Nos.1-3 as plaintiffs instituted Title Suit No. 56 of 1990 before the learned Assistant Judge, Bhaluka for permanent injunction against the defendant petitioners stating, inter-alia, that the suit property belonged to Abdul Wahed Mridha in Rayoti Jote right and he possessed the sam...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Forest Ranger, Bhaluka Range Office, Mymensingh and others......Petitioners Vs M/S. Ha..Category: Property Law | Date: | Hits: 41
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
.... heba-bil-ewaz dated 16.02.1994 executed in favour of her daughter the defendant respondent No.2.It has been averred in the plaint that she is the owner of the suit property measuring .47 acres of land and is an old woman of 83 years having two sons and three daughters and the defendant res...... In view of the discussion made above the leave petition stands dismissed. Ed. ...... Ed. ...........petitioner Vs Mosammat Rowshanara Begum and others .........Respondents Judgment July 10, 2006. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner Abdul Wadud Bhuiyan, Senior Advocate, instructed by Chowdhury Md. Zah..Category: Property Law | Date: | Hits: 37
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....sing the same. The suit was filed seeking declaration that the deed of exchange dated March 21, 1993 is not a deed of exchange but a deed of sale. 2. It is the case of the plaintiff that the land in suit i.e. land of plot No. 61 belonged to Barkatulla Tarafder who transferred the same to ......ut any order as to costs. Ed. ......reversing the judgment and decree dated February 28, 1994 of the Court of Assistant Judge, Salikha, Magura in Title Suit No. 46 of 1993 dismissing the same. The suit was filed seeking declaration that the deed of exchange dated March 21, 1993 is not a deed of exchange but a deed of sale. ......Rahman Molla........Appellant Vs. Md. Abdul Matin and others ............Respondents Judgment August 20, 2006 Lawyers Involved: Kh. Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Md. Nawab..Category: Property Law | Date: | Hits: 38
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....rs (In C.P. No. 1735 of 2005) Abdus Sattar and others ....................Petitioners (In C.P. No 50 of 2006) Vs Bangladesh represented by the Secretary, Ministry of land, Bangladesh Secretariat, Ramna, Dhaka and others ..........Respondents (In both the cases) ...... The parties are directed to file the concise statement within one month. Ed. ......etariat, Ramna, Dhaka and others ..........Respondents (In both the cases) Judgement June 25, 2006 Lawyers Involved: Amirul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners (In C.P. No.1735 of 2005) Dr. Kamal Hossain, ...... Ministry of land, Bangladesh Secretariat, Ramna, Dhaka and others ..........Respondents (In both the cases) Judgement June 25, 2006 Lawyers Involved: Amirul Islam, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners (In C.P. No.1735 o..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
.... and decree dated October 29, 1987 of the Court of Assistant Judge, Sadar, Natore in Other Class Suit No.72 of 1986 dismissing the same. The suit was filed seeking separate saham of 19 decimals of land upon partition of the land in suit described in the schedule attached to the plaint. 2....... A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent No. 2. Civil Appeal No. 68 of 2002 (From the Judgment and Order dated May 10, 1998 passed by the High Court Division in Civil Order No.3451 of 1998) Judgment: ......e suit was filed seeking separate saham of 19 decimals of land upon partition of the land in suit described in the schedule attached to the plaint. 2. The case of the plaintiff in short was that the total quantity of the land of plot No. 1685 listed in the S.A. Khatin No. 87 is 20 decimal...... Sree Sree Shoti Rani Kundho and another........Respondents Judgment June 28, 2006 Lawyers Involved: Abdul Jabbar, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellant. A.S.M. Khalequzzaman, Advocate-on-Record-Fo..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
....making the Rule absolute. 2. The plaintiff filed other class suit No. 381 of 1987 in the Court of Senior Assistant Judge, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik ......Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the judgment and order dated 30.10.2001 passed by the High Court Division in Civil Revision No. 4207 of 1996.) Judgment: ......, Additional Court No.1, Rajshahi for declaration of title to the suit land on the basis of a deed of gift (hebanama) executed by his uncle, Mohammad Laibot Ali Pramanik stating, inter alia, that after execution and registration of deed of gift (hebanama) delivery of possession was han......hul Amin J Jobeda Bewa & others ..........Appellants Vs Md. Abdur Razzaque ............Respondent Judgment October 19, 2006 Lawyers Involved: Lutfor Rahman Mondal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
...., 1999 of the 2nd Additional Court of Assistant Judge, Dhaka in Title Suit No. 26 of 1998 decreeing the same. 2. The suit was filed seeking declaration to the extent of 4 annas share in the land in suit. The plaintiff in his share claimed .0575 arzutangsha out of .09 decimals of land whic...... Bhuiyan, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-On-Record- For the Respondent Civil Appeal No.282 of 2002 (From the Judgment and Order dated August 21, 2001 passed by the High Court Division in Civil Revision No. 4139 of 1999) Judgment: &......ent of 4 annas share in the land in suit. The plaintiff in his share claimed .0575 arzutangsha out of .09 decimals of land which is the subject matter of the suit. It was the case of the plaintiff that certain Yousuf Ali was the owner of the land in suit. He died leaving widow Fatema Bibi, brothe......Md. Baker Miah and others............Appellants Vs Shamsun Nahar Begum...........Respondent Judgment July 16, 2006 Lawyers Involved: A. J. Mohammad Ali, Attorney General, instructed by Md. Nawab Ali, Advocate-On-Record- For the Appellants Abdul Wad..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......(V of 1908) The Stamp Act, 1899 (II of 1899), sections 2(11), 18 & 35 The Small Cause Courts Act, 1887 (IX of 1887) Section 15, Article 3, Second Schedule Practice & Procedure It was manifestly wrong for the SCC Judge lo hold that because of the failure of the power of attorney t......, sections 2(11), 18 & 35 The Small Cause Courts Act, 1887 (IX of 1887) Section 15, Article 3, Second Schedule Practice & Procedure It was manifestly wrong for the SCC Judge lo hold that because of the failure of the power of attorney there was no cause of action for the suit. As pe......urt Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M H Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Anath Bandhu Guha & Sons Ltd. through its AtÂtorney Md. Sirajul Huq........…………Appellant Vs. Babu Sudhangshu Shekhar Halder.……â€..Category: Property Law | Date: | Hits: 118
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