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Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....f the constituÂtion of the country. An individual businessmen's claim cannot be entertained by stamÂpeding the desire of the common people and in gross violation of the rules and regulations of the land and that in view of above circumstances the petitioners are under obligation to refuse granting......ady within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......90 for manufacture, process, carry, transport, export, supply, sell, hold, preserve, warehousing and exhibit of products under the trade name "Hunter" and "Crown". It was stated in the writ petition that respondent No.1 a private limited company incorporated under Companies Act, 1994, in short the c...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Department of Narcotics Control Represented by its Director General 1, Segunbagicha Dhaka and another............... Petitioners Vs. Crown Beverage Ltd..Category: Criminal Law | Date: | Hits: 76
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
....t was affirmed . 2. The petitioner filed the above suit for specific performance of contract and also for permanent injunction restraining defendant No.1 from transferring the suit land to others stating, inter alia, that one Sree Anukul Chandra Dutta, On 9.2.1977, entered i......……Petitioner Vs. Md. Muklesur Rahman and others.....Respondents Judgement June 25, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on –Record-For the petitioner Respondents Not represented- Respondents Civil Petition ......iled the above suit for specific performance of contract and also for permanent injunction restraining defendant No.1 from transferring the suit land to others stating, inter alia, that one Sree Anukul Chandra Dutta, On 9.2.1977, entered into an agreement with him for sale of 8.31......;…Petitioner Vs. Md. Muklesur Rahman and others.....Respondents Judgement June 25, 2006 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on –Record-For the petitioner Respondents Not represented- Respondents Civil Petition for Le..Category: Property Law | Date: | Hits: 30
Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)
.... Short facts are that the plaintiffs instituted Partition Suit No.295 in the Court of learned Subordinate Judge, (now Joint District Judge), Kishoreganj seeking partition of their share in the suit land. The suit on transfer to the Court of Assistant Judge, Kishoreganj was renumbered as Partitio......vocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Petition for leave to appeal No.1248 of 2003. (From the Judgment and order dated 29.06.2003 passed by the High Court Division in Civil Revision No.4300 of 2002.) Judgment &n......s directed against the judgment and order dated 29.06.2003 passed by a Single Bench of the High Court Division in Civil Revision No.4300 of 2002 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Partition Suit No.295 in the Court of learned Subordinate Judge, (now...... Accordingly, the petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 154
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
....amely Abul Bashar as plaintiff filed Title Suit No.45 of 1995 in the Court 1st Court of the Senior Assistant Judge, Gazipur for declaration of title and recovery of khas possession of .09 acres of land as mentioned in the schedule of the plaint, alleging, inter alia, that land comprising of...... Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......m J Amirul Kabir Chowdhury J Bhulu Miah and others……………………………Petitioners Vs. Begum Shakhina Khatun and others ........Respondents Judgement May 11, 2005. Lawyers Involved......lip;……Petitioners Vs. Begum Shakhina Khatun and others ........Respondents Judgement May 11, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on Record-For the Petitioners Moshiuzzam..Category: Property Law | Date: | Hits: 32
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....icant filed petition before the High Court Division praying to add him as an opposite party in the rule stating, inter-alia, that respondent No. 2-4 entered into an agreement for sale of their land and building with the present petitioner on 25.5.2000 for a consideration of TK. 2,50,000......lip;……….Respondents Judgment June 13, 2005. Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record. —For the Petitioner A. J. Mohammad Ali, Senior Advocate (A.Quayum, Senior Advocate with ......as been passed and the Executing Court by order dated 29.11.2003 directed the respondent No. 1 to take steps to serve the copy of the above application to the decree holder respondent Nos. 2-4 and that Executing Court then sent writ of delivery of possession of the suit property to the bail......itioner Vs. Abul Fayez Md. Abdullah and others…………….Respondents Judgment June 13, 2005. Lawyers Involved: T. H. Khan, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record. —For the Petitioner ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....nior Assistant Judge 4th Court, Dhaka in Title Suit No. 115 of 1998 allowing an application for mandatory injunction and directing the plaintiff petitioners to hand over possession of the suit land to the plaintiff respondent Nos.1 and 2. 2. Civil Petition for Leave to Appeal No. 523 ......or. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......hy;resented by its President Md. Shah Jahan…………………….Petitioner (In Civil Petition No. 523 of 2005) Vs. Fulbaraia Adrasha Market Khatigrastha Dokandar Kallyan Samabay Samity Limited and others…………&hell......llip;……………………Respondents (In both the petitions) Judgement May 25 2005 Lawyers Involved: A. F. Hassan Ariff, Senior Advocate (Mahbubey Alam Senior Advocate with him) instructed by Chowdhury Md. Zahanzir, Advocate-..Category: Civil Law | Date: | Hits: 120
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of title, recovery of posse...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Nurun Nabi Mullah and others ...........Appellants Vs. Abdul Karim alias M. A. Karim and others…...........Respondents Judgment January 12, 2005. ......y of possession and for allotment of separate saham upon partition of the property described in schedule 'ka' attached to the plaint. 2. Plaintiffs filed the suit stating, inter alia, that the land measuring 1.15 acres appertaining to plot No. 685 of C.S. Khatian No. 104 corresp..........Appellants Vs. Abdul Karim alias M. A. Karim and others…...........Respondents Judgment January 12, 2005. Lawyers Involved: Mahmudul Islam, Senior Advocate (Probir Neagi, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record-F..Category: Property Law | Date: | Hits: 40
Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....Judge, Beanibazar claiming preemption under section 96 of the State Acquisition and Tenancy Act and Section 24 of the Non-agricultural Tenancy Act claiming to be contiguous owner of the case land and that the petitioner purchased land of plot No. 1963 a homestead plot No. 1964 chara land a...... for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......ve to appeal against the judgment and order dated 28.11.2004 passed by the High Court Division in Civil Revision No. 3664 of 2003. 2. The facts revealed in the leave petition, in short, are that one Raquib Ali predecessor of the respondent No.1 (Ka) to 1 (Tha) instituted Miscellaneous Case......Petitioner Vs. Roqib Ali being dead his legal heirs Aziruddin and others ......Respondents Judgement July 30, 2005 Lawyers Involve: Md. Ozair Farooq, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Petitioner ..Category: Property Law | Date: | Hits: 35
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....Nos. 62, 63 & 64 of 2004 allowing the appeals. 2. Short facts are, that in Writ Petition No. 6140 of 2000 the writ petitioners alleged that they being the joint owners of 17 decimals of land out of 1.25 acres of land appertaining to CS Plot No. 177 of CS Khatian No. 49, SA Plot No.286......n (Civil) Present: Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Sayeda Shajada Hossain & another......... ...Petitioners Vs. Wega Fashion Sweater (Pvt) Ltd & ors......Respondents Judgment December 13, 2006. ......Amin J.- By these petitions the petitioners seek review of this Court's judgment dated 1-8-2006 passed in Civil Appeal Nos. 62, 63 & 64 of 2004 allowing the appeals. 2. Short facts are, that in Writ Petition No. 6140 of 2000 the writ petitioners alleged that they being the joint owners......: Md Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Sayeda Shajada Hossain & another......... ...Petitioners Vs. Wega Fashion Sweater (Pvt) Ltd & ors......Respondents Judgment December 13, 2006. Lawyers Involved: Faruq..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....int District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff that the land of CS plot No.366 of CS khat......Tafazzul Islam J Maleka Khatun and others...................Appellants Vs. Amena Khatun and others... ...............Respondents Judgment August 28, 2006. Cases Referred To- Syed Yakoob vs KS Radhakrishnan AIR 1964 SC 477; Amanatullah and others vs......eal is allowed with costs at all stages. Ed. ......n and another 1997 BLD (AD) 199 = 2 BLC (AD) 134; Hazari Bala Sana and another vs Niron alias Niranjan Mandal and others 1997 BLD (AD) 294. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on- Record—For the Appellants. ..Category: Property Law | Date: | Hits: 44
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
...., Post Office-Chuchuxa Bazar is acquitted of the charge under section 9(1) of Nari-o-Shishu Nirjatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......jatan Ain, 2000 and he be set at liberty at once if not wanted in any other connection. Ed. ......ion Bench of the High Court Division in Criminal Appeal No. 473 of 2002 dismissing the appeal so far as it relates to the appellant. 2.The facts leading to the leave petition, in short, are that one Champa Khatoon (15), dumb daughter of Khodeja Khatoon on 12-7-2000 went to a pond near her ......ellip;…..Appellant Vs. State……………...Respondent Judgment November 8, 2006. Lawyers Involved: AFM Mesbahuddin, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Appellant. Not..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
.... of the Penal Code or any other special law. Since the four convicts, as to whom my brother Mr. Joynul Abedin, J's separate note relates, were tried by the competent Court in accordance to law of the land and, as such, jurisdictional question raised by the convicts was quite not relevant. Moreover w......extends to all those limbs and faculties by which life is enjoyed. Ed. ......ucted by ASM Khalequzzaman, Advocate-on-Record—For the Petitioners (In Jail Petition Nos. 4 & 10 of 2006). Shamsul Alam, Senior Advocate, (Salahuddin, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In Criminal Petition No. 444 of 2006 & Jail Peti...... November 28, 2006. Cases Referred To- Shah Alam vs State 1990 BLD (AD) 25 = 42 DLR (AD) 31. Lawyers Involved: Khalilur Rahman. Advocate instructed by ASM Khalequzzaman, Advocate-on-Record—For the Petitioners (In Jail Petition Nos. 7, 8 & 9 of 2006) Salahuddin, Advocate, inst..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....d documentary evidence in detail. This Court is of the view the learned trial Court came to correct finding by holding to the effect that the plaintiff has no practical basis of claim over the case land. This Court is of the view that the learned trial Court was perfectly justified in disbelievin......min J Md. Tafazzul Islam J Chairman, Mongla Port Authority............. Appellant Vs. Kazi Brothers and others…………………………Respondent Judgment June 22, 2004 Case Referred To- Girijanandini Devi and others vs Bijendra Narain Choudhury AIR 1967 SC 1124; Naw......Court, Khulna in Money Suit No. 12 of 1989 decreeing the suit. 2. The respondent No.1, as plaintiff, instituted the above suit praying for a decree of Taka 66,06,500 on the averments, inter alia, that Mongla Port Authority, of which the appellant is the chairman, invited tenders on 23-10-1986 for......se. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....t, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the land, encouraged the buyers to purchase it and himself negotiated the price. This conduct of the pre...... This Case is also Reported in: 42 DLR (AD) (1990) 189. ......383 B.S. corresponding to 27.10.76 for Tk. 6000/-, both as a co-sharer in the case holding and a contiguous owner to the case land. The appellants contested the Misc. case, inter alia, on the ground that it was barred by estoppel, waiver and acquiescence as the pre-emptor himself assisted the vendor...... January 11, 1990. Result: The appeal is alÂlowed. The State Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 96 The Evidence Act, 1872 (I of 1872), section 115 The pre-emptor took a leading part in bringing about the transaction; he assisted the sellers in selling the lan..Category: Property Law | Date: | Hits: 47
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....see' has been used just to show the allottees status and legal position and contends that a licensÂee's right has been given in s. 52 of the Easement Act, 1882. A licensee has got no interest in the land which he is simply permitted to possess by the grantor of the licence, that is, by the owner of......r and others.…………....Appellants Vs. Md. Ibrahim Bepari and others..………………………....Respondents Judgment June 14, 1989. Result: The appeal is allowed. The Easements Act, 1882 (V of 1882), section 52 Lease and licence Under section 52 of the easemen......; but he did not perÂform his part of the contract whereupon respondent No. 1 filed the; suit seeking specific performance of the contract. The Government alone contested The suit taking the ground that under the terms and conÂditions of the Lease Agreement the allottee, responÂdent No. 2, did no......ng violated due to contract of sale of the licensed property, the government was perfectly justified in treating the property as vacant and allotting it to a deserving person. There was no necessity for formally canceling the allotment. The appeal is allowed and the suit is dismissed…………(7 &..Category: Property Law | Date: | Hits: 40
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
....cial Judge, Dhaka in Special Case No.96 of 1983 on 14.3.85. 3. It is alleged that the appellant while being an Officer of the Agrani Bank at the Local Office Branch, Motijheel, Dhaka carried on a clandestine business transaction with Tofazzal Trading of Islampur dealing in cloth. Prosecution case......¦..Respondent Judgment January 2, 1990. Result: The appeal is allowed. The Code of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order......ur) years and a fine of Tk. 2,25,000/- in default to rigorous imprisonÂment for further one year by the Divisional Special Judge, Dhaka in Special Case No.96 of 1983 on 14.3.85. 3. It is alleged that the appellant while being an Officer of the Agrani Bank at the Local Office Branch, Motijheel, D......e of Criminal Procedure (V of 1898) Section 367, 423 If judgement of the trial court cannot be termed as a judgement at all and fail to fulfill requirements of section 367 of the Cr.P.C. then only order of remand for writing proper judgement may be necessary but having all the materials on record..Category: Criminal Law | Date: | Hits: 52
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....al is dismissed. The Non-Agricultural Tenancy Act, 1949 (XXIII of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. Tha...... of 1949), sections 7 & 88 Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The...... Adverse Possession If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section 88 is not ...... If the appellant and the other heirs of Raj Kumar continued to occupy the suit land after Raj Kumar's death in 1939, they could only be treated as trespassers, not as tenants. That is why the landlords sued them for eviction as trespassers. The protection of section 88 is not available to the app..Category: Tenancy Law | Date: | Hits: 169
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....lication on 19.11.2002 under order 39, Rule1 read with section 151 of the Code of Civil Procedure Praying for temporary injunction against the defendant restraining them from entering into the suit land by force or from constructing boundary wall or cutting away trees from the suit land. The tria......or. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......he judgment and order dated 13.12.2004 passed by the High Court Division in Civil Revision No. 4504 of 2004 making the rule absolute. 2. Facts revealed in the leave petition, in short, are that petitioner Nos.1-3 instituted Title Suit No. 103 of 2002 in the 1st Court of Joint District Jud...... Syed J. R. Mudassir Husain CJ Md. Ruhul Amin J Mohammad Fazlul Karim J M. M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Divisional Forest Officer, Dhaka Forest Division, Forest Bhaban, Gulshan Street, Mohakhali, Dhaka, and others ...Category: Property Law | Date: | Hits: 48
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....same upon setting aside the judgment and decree dated June 23, 1970 of the Court of Subordinate Judge (now Joint District Judge) Rangpur in Other Suit No. 45 of 1968 so far the same relates to the land described in schedule 'Kha' and 'Ga' of the plaint. The aforementioned suit was filed seeking ......hellip;……….Appellants Vs. Md. Jahurul Islam Chowdhury and other………….........Respondents Judgment April 30, 2006. Cases Referred to- Musammat Nurjahan Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 34......ment and decree of the lower appellate Court the appellants herein took second appeal before the High Court Division but without any success. 3. The suit was filed stating, inter alia, that land of 'Ka' schedule belonged to Tasaruddin who died leaving son by name Tofazzal Hossain, a d...... Begum vs Mahmudur Rahman Mallick, 1981 BLD (AD) 506 = 34 DLR (AD), 61; Bhim Singh (dead) by L.R.S and another Vs. Kan Singh, AIR 1980 (SC) 727. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant. Fazlul K..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
.... 2. The Petitioner preferred the above contempt petition stating inter alia that he filed Writ Petition No. 2382 of 1999 seeking direction to finalise the process of acquisition of the land of the petitioner involved in Special L.A. Case No. 8 of 1964-65 of District Dhaka stating in...... Advocate-on Record-For the Petitioner. Respondents-Not represented. Criminal Petition for leave to Appeal No. 147 of 2003 (From the judgment and order dated 21st June, 2003 passed by the High Court Division in Contempt Petition No. 82 of 2002). Judgment: ...... the High Court Division in Contempt Petition No. 82 of 2002, arising out of Writ Petition No. 2382 of 1999. 2. The Petitioner preferred the above contempt petition stating inter alia that he filed Writ Petition No. 2382 of 1999 seeking direction to finalise the process of acqui...... Amirul Kabir Chowdhury J Alhaj Sona Ullah……………………….Petitioner Vs. Aminur Rahman, Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others.....Respondents Judgment January 5, 2..Category: Property Law | Date: | Hits: 33
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