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Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......ditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......respect of the aforesaid 0.60 acre of land (suit land of the present suit) in spite of repeated demands of the present plaintiff. Subsequently, said Ganzer Molla died leaving defendants 1 to 4 as his legal heirs. So the plaintiff demanded execution and registration of the kabala from the present def..Category: Property Law | Date: | Hits: 88
....demanded publication of the result of the examinees which was withheld subsequent to publication of the result. The Teachers Council were of the view that the said examination was held in a peaceful, proper and fair manner and no irregularities or unfair means were at all adopted. It is further stat......
Read the Appellate Division Judgment Here.
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Quazi Shafiuddin J
Mainur Reza Chowdhury J
Mahinuddin (Md) and others .....................Petitioners (In Writ Petition No.868 of 1991)
Kabita Rani Hajra ....... impugned proceeding pursuant to which the said order was made. The respondents were asked to show cause why the same should not be declared to have been made without lawful authority and to be of no legal effect. In Writ Petition No. 1560 of 1991 petitioner Kabita Rani Hajra obtained the Rule which..
Category: Others | Date: | Hits: 153
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....heir vendor paid rent and proved their title and possession by adducing oral and documentary evidence, particularly by paying rent to the Government; (iv) The learned Joint District Judge, without proper discussions of the evidence on record and being failed to conceive and consider the principle...... This Case is also Reported in: 62 DLR (HCD) (2010) 17. ...... Nos. 5-7 who transferred the same by an unregistered deed of gift in 1964 in favour of the plaintiff, who got possession in the suit land through his mother. That deed could not be registered due to legal bar imposed by the Government for getting registered any deed of transfer made by any person b..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....1969 (hereinafter referred to as the Ordinance), pending in the Second Labour Court, Dhaka, should not be quashed and/or such other or further order or orders passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 23-7-1995, all further proceedings of the said case we......n (Criminal Revisional Jurisdiction) Present: Khondker Musa Khaled J Md. Azizul Haque J Barrister Mainul Hosein……………………….Accused-petitioner. Vs. Md. Ali Hossain and another……………………………... Opposite parties. Judgment February 18, 2010.......nt in the service of the New Nation Publications Ltd. was neither possible nor practicable. He has further submitted that the New Nation Printing Press is not a Limited Company and it has distinct legal entity of its own owned by the Ittefaq Group of Publications Ltd. and it has no liability of..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....aneous Case Nos. 174 and 175 of 2002 should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. Facts leading to the issuance of the Rules Nisi are, in brief, as follows: The pet......on (Special Original Jurisdiction) Present: Moyeenul Islam Chowdhury J AKM Abdul Hakim J Tofail Ahmed……………………..Petitioner Vs. Chairman, Anti-Corruption Commission and others..................Respondents Judgment February 25, 2010. Result: The Rules ar......s to show cause as to why the orders dated 17-4-2002 passed by the Sessions Judge, Bhola in miscellaneous Case Nos. 174 and 175 of 2002 should not be declared to be without lawful authority and of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p..Category: Anti-Corruption Laws | Date: | Hits: 200
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....rs by purchase through registered deeds of sales evidenced by Annexures-‘F’ and F1 to the Writ Petition, and/or pass such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that one Md. Khairul Huda was the owner of......s also Reported in: 62 DLR (HCD) (2010) 31.......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31...Category: Property Law | Date: | Hits: 69
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
.... of Anti-Corruption Commission to issue the notice and there is no legal bar to do so even now by issuing a fresh authority in accordance with law The delegate, namely the DD, if so authorised by the proper authority, may issue a fresh notice. But from the facts and circumstances of the instant case...... Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Akbar Khan (Md.)………………………..Petitioner. Vs. Anti-Corruption Commission and others.......................Respondents. Judgment January 21, 2010. Cases Referred To-...... the Moveable and Immoveable Property, liabilities' source of income of the petitioner and his dependents (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that the..Category: Anti-Corruption Laws | Date: | Hits: 154
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....J.- This Rule was issued by this Court on 23rd May, 1991 directing the Bangladesh Shilpa Rin Sangstha (BSRS) and Uttara Jute Fibres and Industries Ltd. (Purchaser) to show cause as to why the sale of properties of M/s Ashraf Jute Mills Ltd. in‑liquidation dated 17.1.90 should not be cancelled and ...... 251; 35 company cases (SC) 755; 42 Company Cases 26; 28 Company Cases 216; 34 Company Cases 151; 42 Company Cases 96; 40 Company Cases 1065, MK Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction ......le. Upon hearing the application and affidavits this Court issued a Rule upon the BSRS and the purchaser to show cause as to why the impugned sale dated 17.1.90 should not be set aside and declared illegal in view of the fact that the sale took place during pendency of the liquidation proceeding bef..Category: Company Law | Date: | Hits: 193
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....facts with regard to the place of occurrence, the time and manner in which such occurrence took place. He argues that the learned Additional Sessions Judge failed to appreciate the evidence on record property and most illegally convicted the accused‑appellants under the aforesaid sections on charg......7.......the Penal Code and sentenced to life‑imprisonment. It is argued by Mr. Serajul Huq, the learned Advocate appearing for the accused‑appellants, that the learned Additional Sessions Judge most illegally found the accused‑appellants guilty under sections 302/149 of the Penal Code inasmuch as t..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....o why the proceeding in GR Case No.180/83 of the Court of the Magistrate, 1st Class, Munshiganj should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. At the time of issuance of the Rule all further proceeding of the said case was stayed pendi......€¦â€¦.………….Petitioner Vs. Mir Amanullah & others……………….Opposite Parties Judgment November 19, 1992. Cases Referred To- Farruk Ahmed Vs. Abdul Kader Chowdhury and another, 38 DLR (AD) 18; Mrs. Saleha Khatun Vs. The State, (1987) 39 DLR, 109. Lawyers Involv......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...Category: Criminal Law | Date: | Hits: 88
....f Abdul Motaleb who was not a judgment-debtor did not file any application before the exeÂcuting Court under Order XXI rule 90 of the Code of Civil Procedure claiming to be in possession of the suit property."
5. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the appellants subÂmitted t......This Case is also Reported in: VIII ADC (2011) 302.......:
Mohammad Fazlul Karim J
Md. Joynul Abedin J
ABM Khairul Haque J
Joirunnessa and others.................................................Appellants
Vs.
Abdul Matalib being dead his legal heirs; Alta Begum and others……….Respondents
Judgment
August 19, 2009.
Lawyers I..
Category: Property Law | Date: | Hits: 65
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
.... Nos.8, 9 and 10 are his sons and defendant No.11 is his daughter through his 3rd wife. The plaintiff is an old and infirm man and as such, the defendant No.7 being the eldest son looks after all his properties. For proper administration of properties the defendant No.7 proposed to plaintiff to exec......ase is also Reported in: VIII ADC (2011) 297. ......of them are now trying to grab the property of defendant No.7. 5. Leave was granted to consider that subÂmissions of the learned Counsel for the appellants that "the wife of the plaintiff being a legal heir of the deceased having no conflicting interest with the deceased plaintiff and could lega..Category: Property Law | Date: | Hits: 65
Salma Parveen Vs. Md. Amir Hossain and others, 2009, 38 CLC (AD)
.... application under Order 41 rule 25 of the Code Civil Procedure. 2. The facts of the case, in short, are that the there was an agreement between him and the defendant for transfer of defenÂdant's property for TK. 14,00,000.00 out of which the defendant received TK. 5, 00,000.00 as earnest money ......vil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Salma Parveen...........................................Appellant Vs. Md. Amir Hossain and others………………………….Respondents Judgment March 18, 2009. Cases Referr......equently, on 20.10.1997 defendant received another sum of TK. 20,000.00; that the defendant did not take step for executing and regisÂtering the sale deed in favour of the plainÂtiff and as such, a legal notice was issued to the defendant which was replied to; agreement was not denied; that the de..Category: Property Law | Date: | Hits: 112
....(3) and 43(b) (i) of the Arbitration Act, 2001 that the contention leading to a case of simple recovery of loan for which a suit has already been filed in the Artha Rin Adalat which is apparently the proper forum, the subject matter of the alleged dispute is not capable of settlement by arbitration.......2011) 240.
......y disposed on 2,03,509 shares in the market and thereby breached its obligations under Clause 4 of the buy-back agreement to sell the entire shares to the appellant No.1's sponsors. Accordingly, by a legal notice dated 23rd November, 2006, the appellant No.1 rescinded the buy-back agreement dated 9t..
Category: Civil Law | Date: | Hits: 78
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
....4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. .........................................Respondents (In Writ Petition No. 624 of 1974). Cholera Research Laboratory........................Petitioner Vs. Cholera Gobeshanagar Karma chari Union and others...................Respondents (In Writ Petition No. 102 of 1974). Md. lqbal………â€......ard analogously as the common question of law and fact is involved challenging certain decisions of the Labour Court and Appellate Tribunal as to have been made without lawful authority and are of no legal effect. 2. In Writ Petition No. 102/74 and 624/74 the Cholera Research Laboratory, Mohakhal..Category: Labour and Industrial Law | Date: | Hits: 123
Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....d, brought a rent suit against them with respect to the suit lands and other lands and auction purchased the same. The plaintiffs deposited the decretal dues vide the chalan Ext. 5 and saved the suit property. The further case of the plaintiffs is that some heirs of Jogeswar Babu and others brought ......(two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......on‑ tested that Misc. Case and it was dismissed vide order Ext. 6. After their return from Comilla, the plaintiffs came to learn that defendant No. 1 and Babar Ali, husband of defendant No. 7 are illegally possessing the 'Ka' and 'Kha' schedule land. On query, they disclosed that they took lease o..Category: Property Law | Date: | Hits: 70
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....hat persuaded the accused party to commit murder of 4/5 persons is not at all clear. 31. Mr. Serajul Huq, the learned Advocate appearing for the accused‑appellants, submits that the present case property falls within the fourth exception of section 300 of the Penal Code, Exception‑4 of sectio...... This Case is also Reported in: 43 DLR (1991) 633. ...... Penal Code and sentenced to life imprisonment. 18. It is argued by Mr. Serajul Huq, the learned Advocate appearing for the accused ‑appellants, that the learned Additional Sessions Judge most illegally found the accused‑appellants guilty under sections 302/149 of the Penal Code inasmuch as M..Category: Criminal Law | Date: | Hits: 68
Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)
.... started living separately from him with her parents; that in the first week of July, 1980, the appellant along with her mother, brother and others twice attempted to oust the plaintiff from the suit property but failed, that the appellant was trying to sell the suit house claiming herself to be the......pondent. Judgment August 8, 1990. Cases Referred to- KK Das Vs. Amina Khatun Bibi, AIR 1940 (Cal) 356=44 CWN 247; Ramratan Vs. Shiodattarai, AIR 1921 (Nagpur) 167; Sitara Shahjahan Begum and another Vs. Munna and another, AIR 1927 (Allahabad) 342; Gujerat Ginning and Manufacturing Co. L......d the case of Lala Beniram Vs. Kundakal reported in 26 Indian Appeal 58 and the case of Vallabhdas Naranji Vs. Development Officer reported in 56 Indian Appeal 259. 21. We have now to consider the legal position. The land belonged to the appellant but the building was constructed at the cost of t..Category: Property Law | Date: | Hits: 110
....p and control or for that matter the possession, of the vessel remains with the owner and not with the charterer. For that reason also the plaintiff cannot attach the vessel. It is settled law that a property to be attached before judgment must be the property of defendants. The learned Advocate for......ussain Mohammad Habibur Rahman J
Kazi Ebadul Hoque J
Bangla Jalpari Lines (Pvt) Ltd.................................................Petitioner
Vs.
Continental Grain Company (Canada) Ltd. and others............... Opposite Parties.
Judgment
July 24, 1990.
Case Referred to-
P...... or services of his ship. Categories (ii) and (iii), however, both differ from category (i) in the important respect that the owner remains under them in possession of his ship with all the important legal consequences that flow therefrom.
Thus a charter may operate as a demise or lease of the sh..
Category: Admiralty Law or Maritime Law | Date: | Hits: 186
Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)
....t. 2. Facts in short are that the petitioner instituted Title Suit being TS No. 128 of 1985 in the Court of the Subordinate Judge, Perojpur for declaration that all the orders passed in the vested property case No. 13 of 1982 described in schedule 'Ga' to the plaint to be Enemy Property/Vested Pr......) Present: Anwarul Hoque Chowdhury J Kazi Ebadul Hoque J Anu Bala....................................................................Petitioner Vs. Upazila Nirbahi Officer, Perojpur and Others...................Opposite‑Party. Judgment November 4, 1990. Cases Referred to......e of the plaintiff that her husband died at Perojpur at village Dumari Tala as the citizen of Bangladesh. He never migrated to India and as such describing the property as vested property is wholly illegal and without jurisdiction. 4. The defendant Government contested the suit by filing written ..Category: Limitation Law | Date: | Hits: 192
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