Judgment search - Chancery Law Chronicles

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A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)

....l not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, relevant for disposal of the Rule are that the petitioner was appointed as a Guard on 05.06.1981 und......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ......D (HCD) (2009) 750. ......er from his service is hereby declared to have been made without lawful and is of no legal effect. Mir Hashmat Ali J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 750. ..

Category: Employment/Service Law | Date: | Hits: 104

Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)

....ant Judge on consideration of the oral and documentary evidence on record held that the plaintiff has been able to prove his title and possession in the suit land. The Court must have regard to all relevant allegations in the plaint and must look to the substance of the matter and not its form. Th......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......e Petitioner. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the High Court Division in Civil Revision No.1827 of 2004.) ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ..

Category: Property Law | Date: | Hits: 32

Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)

....5 of 1990 reversing the judgment and decree dated 26.02.90 (decree singed on 6.3.90) passed by the Senior Assistant Judge, 1st Court, Dhaka in Title Suit No.291 of 1987 decreeing the suit. 2. The relevant facts necessary for disposal of the Rule are that the petitioner as plaintiff instituted Ti......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......ision (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Sharif Hossain……………………………………..Plaintiff-respondent-petitioner Vs. Md. Abdul Jalil and another…………………Defendant-appellant-opposite parties. Judgment October 19, 200......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744...

Category: Property Law | Date: | Hits: 39

Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)

....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......land and as such the suit is liable to be dismissed. 7. During the course of trial the learned Subordinate Judge, 4th Court, Dhaka on consideration of the evidence on record and after perusing the papers, documents and exhibits dismissed the suit of the plaintiff by his judgment and decree dated ......is Case is also Reported in: 29 BLD (HCD) (2009) 735. ...... as such the suit is liable to be dismissed. 7. During the course of trial the learned Subordinate Judge, 4th Court, Dhaka on consideration of the evidence on record and after perusing the papers, documents and exhibits dismissed the suit of the plaintiff by his judgment and decree dated 17-7-95 ..

Category: Property Law | Date: | Hits: 39

Alauddin Vs. State, 1999, 28 CLC (HCD)

.... to decide whether cognizance can be taken or not. So, according to him, the above direction was also illegal. 4. The learned Assistant Attorney-General opposed the Rule. 5. We have perused the relevant orders passed by the learned Additional District Magistrate, and the learned Sessions Judge......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......aque J ABM Khairul Haque J Alauddin……….Petitioner Vs. State ………….Opposite Party Judgment November 30, 1999. Lawyers Involved: Syed Ziaul Karim with Salahuddin and Syeda Mamuna Begum, Advocates— For the Petitioner. Md. Mustafa, Assistant Attorney- General......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ..

Category: Criminal Law | Date: | Hits: 29

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

.... and appointing respondent No. 2 Md. Mobarrak Hossain as Mutwalli of the said Waqf Estate, should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The relevant facts stated in the writ petition are that one Dagon Majumder made a Waqf of his property b...... No. 1 having considered the materials on record rightly appointed the respondent No. 2 as Mutawalli. 14. We have heard the learned lawyers of the parties, perused the judgment and other connected papers. From a reading of the Judgment we find that the Waqfs Administrator has written a very elabo......Jurisdiction) Present: Syed JR Mudassir Hossain J Syed Mahmud Hossain J Azizul Hoq (Md.)...............................Petitioner Vs. Administrator of Waqf, Government of Bangladesh and others …..Opposite Party Judgment July 25, 2001. Lawyers Involved: Fazlul Karim ......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

.... and discretionary relief which the Court can grant to a party in appropriate cases. It has been laid down in the case of Shahjada Muhd. Umar Beg Vs. Sultan Mahmood Khan reported in 22 PLD (SC) 139 relevant page 141, 144 that "the well settled principles for the grant or refusal for temporary inju......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.............................Petitioners Vs. Begum Tofatun Nahar & others ....................Opposite Parties Judgment December 14, 1988. Cases Referred to- 28 DLR (AD) 57, Naimullah and another Vs. Govt. of Bangladesh and others, the Bangladesh Supreme Court Digest 1972-1977, Vol......earned Advocate for the plaintiff-petitioners firstly submits that the courts below erred in law in coming to a finding that the plaintiff-petitioners have no prima facie case without considering the documents filed by them and as such the finding is a perverse one and can not be sustained in law. H..

Category: Procedural Law | Date: | Hits: 80

M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)

....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ...... Ali J.- This Rule is directed against an order dated 2.9.84 passed by the Munsif, 4th Court, Narayanganj, in Title Suit No.166 of 1983. The learned Munsif by this order held: "This is a suit for mandatory injunction and the relief sought for by way of mandatory injunction has got no market val......the date of presenting the plaint. iv. for movable property of no market value; in suits- (a) for movable property where the subject matter has no market value, as, for instance, in the case of documents relating to title. (b)………………………. (c)………………………. ..

Category: Civil Law | Date: | Hits: 159

Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)

....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......ed in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by the Secretary of Bangladesh Textile Mills Corporation shall not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The petitioner joined the Bangladesh Textile Mills Ltd., at Dham......ution witnesses before the enquiry officer, yet we find from the notice of the enquiry officer dated 20.4.86 (Annexure E) that the petitioner was asked to come to the enquiry officer with all his documents and witnesses for a personal hearing on 4.5.86 at 10 AM. One Mr. Md. Yeasin, Deputy Chie..

Category: Employment/Service Law | Date: | Hits: 73

Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)

....us revert to the contentions at the Bar on the question of jurisdiction to entertain the suit and to issue of the warrant of arrest of the vessel M.V. CORINA. This requires a close examination of the relevant provision of law. Mr. Hafizullah placing reliance on section 6 of the Admiralty Court Act, ......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ...... Lawyers Involved: Kamal-ul-Alam with AKM Abdul Hakim, Advocates—For the Plaintiff-Petitioner. M. Hafizullah with P. Bhattacharya, Advocates—For the Defendant/Opposite parties Nos. 1, 3 and 4. Admiralty Suit No. 2 (CTG) of 1988 Judgment AM Mahmudur Rahman J.- The plaintiff fil......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)

....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......of section 145 of the Code of Criminal Procedure. He is not required to take formal evidence and peruse any inquiry report. He can come to a decision on the basis of the materials on record and the papers furnished by the 2nd party—opposite parties. As a matter of fact the 2nd party—opposite p......hers ..............Petitioners Vs. Helaluddin Dhali & others ..............Respondents Judgment December 8, 1988. Cases Referred to- Malik Manzoor Elahi Vs. Lala Bishambar Dass and another, 16 DLR (SC) 246; Mahmudul Haq Vs. Golam Moula and another, 37 DLR 290; Md. Shahjahan Sh...... 9. Mr. Abdul Malek, learned Advocate for the 1st Party—petitioners submits that before the learned Additional Sessions Judge there was no deposition of any witness, no inquiry report, no written documents submitted during inquiry and no substantive piece of evidence warranting an order of the..

Category: Criminal Law | Date: | Hits: 32

Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

....virtue of a resolution adopted in a Special meeting held for the purpose on 7.12.86, in pursuance of a requisition given on 1.9.88 there for by some of the members of the said Parishad. 2. Facts relevant for the purpose of disposal of this Rule may briefly be stated thus:— Chandina Upazila......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108.......9) 108.......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...

Category: Election Law | Date: | Hits: 92

President, National Tuberculosis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....leading the parties fought out the suit. The Court of first instance having recorded the deposition of the witnesses and having considered the submissions made by the parties and the provision of law relevant, decreed the suit on contest on a finding that the defendant is a defaulter and the notic......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date. Ed. This Case is also Reported in: 41 DLR (1989) 103....... December 13, 1988. Cases Referred to- Ramjan Ali Mistry Vs. Md. Hadeyetullah, 31 DLR (AD) 183; M/s. Abdul Hoque vs. Zakir Hossain, 1984 B.L.D. (AD) 298; P.K. Chakraborty Vs. A.P. Chowdhury and others, B.L.D. 1981 (AD) 19 Lawyers Involved: Md. Nawab Ali, Advocate—For the Petitioner......ich is heard and disposed of by this judgment. 6. Mr. Md. Nawab Ali, learned Advocate appearing in support of the Rule having taken me through the impugned judgment and the relevant papers and documents on record, submitted that inspite of the fact that the petitioner as per verbal understa..

Category: Property Law | Date: | Hits: 28

Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)

....17/12/1972 and the alleged deed of rectification dated 20/02/1975 are illegal, fraudulent, collusive, forged, without consideration, void and not binding upon the plaintiff of the suit. 2. Facts relevant for the purpose of disposal of this application are that schedule 'B' land to the plain......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......ppellate Division (Civil) Present: Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate, represented by its Mutwalli Hajee Afazullah Khan……………�......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ..

Category: Trust/Waqf Law | Date: | Hits: 194

Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)

....ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......hah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nurun Nobi ............................Petitioner Vs. Khondaker Moklesur Rahman and others………………Respondents Judgment May 20, 2010. Lawyers Involved: Abdus S......against by the defendant No.1. 8. Before the High Court Division, the defendant No.1filed two applications, one for acceptance of additional written statement and another for acceptance of certain documents of additional evidence, and that the High Court Division rejected both the applications ..

Category: Property Law | Date: | Hits: 31

Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)

.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ...... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ......ent: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Nurul Hoque………………………………………………….Petitioners Vs. Aminur Rahman Chowdhury and others………………...Respondents Judgment December 13, 2009. Lawyers Involved: ...... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ..

Category: Election Law | Date: | Hits: 96

Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....t Judge, Bhola in Title Appeal No. 86 of 1990 reversing the judgment and decree dated 30-6-90 passed by the Subordinate Judge, Bhola in Title Suit No. 78 of 1986 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit for spec......writing expert. 5. Thereafter defendant No.1 filed as additional written statement alleging, inter alia, that he had a contract with one Ahmed Ali wherein he put his signatures on some blank stamp papers for specific performance of a contract with him, but the said contract did not materialise bu......d in: 54 DLR (2002) 550....... alleged bainapatra dated 30-3-83 with the above-mentioned signed blank stamps for making illegal gains. 6. At the trial the plaintiff examined four witnesses including himself, and exhibited some documents while the contesting defendant examined four witnesses, including himself, in support of t..

Category: Civil Law | Date: | Hits: 81

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....ontemners to show cause as to why they should not be committed for contempt of court for non-complying with the order dated 16-7-2001 passed by this Court in Writ Petition No. 3058 of 2001. 2. The relevant facts are that the filed Writ Petitioners No. 3058 of 2001 before this Court challenging th......lows: 9-6-2001 was fixed for publishing the draft of the voter list 10-7-2001 was fixed for the filling objection against the voter list, if any, 11-7-2001 was fixed for distribution of nomination papers and 16-7-2001 was fixed for scrutiny and 17-7-2001 was fixed for withdrawal and election was ......This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...

Category: Civil Law | Date: | Hits: 70

Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)

.... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......it. 3. The defendant Nos.1 and 2 contested case by filing written statement contending, inter-alia, that the plaintiffs are not co-sharers by inheritance in the land under pre-emption rather the documents are fraudulently procured by them, the pre-emptees are the co-sharers by inheritance in th..

Category: Property Law | Date: | Hits: 52

Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)

....ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......er has preferred this civil petition for leave to appeal. 10. Heard the learned Advocate-on-Record and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that considering the facts and circumstances of the case the Hig......olved: Firoz Shah, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1361 of 2009. (From the judgment and order dated 02.12.2008 passed by the High Court Division in Civil Revision No.1879 of 2008.) ......ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878...

Category: Family Law | Date: | Hits: 200

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