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S.M. Redwan Vs. Md. Rezaul Islam, 2004, 33 CLC (AD)

....an application under section 138 of the Negotiable Instrument Act, 1881. 2. The petitioner filed the above C.R. Case No. 4690 of 1999 alleging, inter alia, that the accused respondent Nos.1 and 2, claiming themselves to be the owners-in-possession of 2.141/2 acres of land of C.S. Khatian No. 229 ...... November 24, 2004. Lawyers Involved: Md. Rafiqul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 69 of 2003 (From the Judgment and Order dated 9th February, 2003 passed b......xecuted a Bainanama in favour of the petitioner and proforma respondent No. 4 on 21.9.1998 with an undertaking to execute the regular sale deed on receipt of the balance amount of the consideration money but subsequently, after investigation, it was found that the aforesaid land does not belong ..

Category: Criminal Law | Date: | Hits: 50

Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)

....ly it transpired that Derajuddin and Rayazuddin on 24.11.1943 A.D. created a kabala in their favour fraudulently by showing the same to have been executed by Kancha Mai though they never claimed the suit land by virtue of that fraudulent kabala nor did they any try to take possession o...... Respondents (In both the cases) Judgment: Md. Tafazzul Islam J.- These petitions for leave to appeal arise out of the judgement and order dated 21.07.2003 passed by a Single Bench...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 27

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

....annexures the learned Additional Attorney General submits that the whole writ petition has been based on news papers, both the parties producing paper clippings in support of their conflicting claims and that the police personnel were not alone in the removal of the sex-workers as the Deputy...... Amirul Kabir Chowdhury J The Secretary, Ministry of Home Affairs and others…………………..Appellants Vs. Bangladesh Secretary for the Enforcement of Human Rights (BSEHR) and others....Respondents Judgment Augus......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dismissed without any order as to costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 150

Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)

....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed.......itional assistant judge, sadar, Gazipur in house rent case No. 1 of 1997 decreeing the same. 2. The suit was filed seeking ejectment of the monthly tenant on the ground of bonafide requirement and for unauthorized activities as well as causing annoyance and disturbance to the other tenants. 3.......rting business, but has observed that plaintiff is not entitled to get back the possession of the premises in suit on the flimsy ground of bonafide requirement since she upon receiving good amount of money as advance handed over possession of the premises in suit and thereby she voluntarily forfeite..

Category: Tenancy Law | Date: | Hits: 180

Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)

....ny suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in......decree of 11th February 1979 obtained in Title Suit No. 225 of 1977 by the defendant petitioner declaring his title and the Title Suit No. 64 of 1992 has been filed by plaintiff respondent Nos.1-6 for khas possession and for eviction of the monthly tenants of the defendant-petitioner. ...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..

Category: Procedural Law | Date: | Hits: 105

Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)

....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......e, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and other donations and also for a direction upon the respondent No. 5 (defendant No.10 in the suit) to hand over cash and kind ......e and also challenging legality of inclusion of property in the 2nd schedule of the plaint as Waqf Property and that defendant Nos. 1 and 2 (respondent Nos. 3 and 4 herein) have no right to receive money of Mazar Sharif. 5. The suit of the respondent Nos.3 and 4 was dismissed and the suit..

Category: Trust/Waqf Law | Date: | Hits: 190

Mahabubul Goni Vs. State, 2005, 34 CLC (AD)

....ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......Mvi. Md. Wahidullah, Advocate-on- Record- For the Petitioner Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 2 Not represented-Respondent No. 1 Criminal Petition for leave to Appeal No. 92 of 2004 (From the Judgment and Order dated 21.03.2004 passed by t......ace and forty thousand) and that the accused petitioner being the Managing Director of the company was entrusted with the property of the company who dishonestly misappropriated the company's money and/ or made false statement in the annual return. 7. On the face of such statement mad..

Category: Criminal Law | Date: | Hits: 29

Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)

....s filed Other Suit No. 184 of 1994 for declaration of title and Khas possession by evicting the defendants on removing obstructions. The defendants appeared and tiled written statement opposing the claim of the plaintiffs. The plaintiffs thereafter filed an application under Order VI, rule ......izur Rahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declarati......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ..

Category: Property Law | Date: | Hits: 39

Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)

.... is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is proved he is entitled to get land partitioned through court. A co-sharer in possession of......udgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is proved h......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..

Category: Property Law | Date: | Hits: 48

Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)

....tuation pertaining to the holding of office of Mutawalli in the year 2000 that one Anowarul Islam Khan, son of late Yar Ali Khan and a member of the Third Group filed Writ Petition No.1746 of 2000 claiming entitlement to appointment as Mutawalli. In that case the Administrator of Waqfs filed an ......, Advocate-on-Record-For Respondent No.5. (In C. P. No.747 of 2007) Not represented- Respondent No.2-4, 6 & 7(In C. P.No.747 of 2007) Civil Petition for Leave to Appeal Nos.746, 745 & 747 Of 2007 (From the judgment and order......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 199

Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)

....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......e Petitioner. Md. Abdul Wadud Bhuiyan, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 67 of 2007. (From the judgment and order dated 12.12.2006 passed by the ......, 110, Motijheel C/A. Dhaka in addition to other grounds. The contention is that the opposite party No. 1 took loan of Tk. 25 lacs from the said Branch of Janata Bank on condition to repay the entire money in 10 years time at a monthly installment of Tk. 41,250/- but did not repay the said loan and ..

Category: Election Law | Date: | Hits: 162

Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)

.... by this Court. 5. Mr. N.H. Khandker, learned Advocate, appearing for the respondent No.1 submits that the person dispossessed without the consent or otherwise than in due course of law, can claim for recovery of possession under Section 9 of the Specific Relief Act and even the trespasser......p; Not represented- For the Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 1427 of 2005 From the judgment and order dated the 26th J...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 51

Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

....f Senior Accountant but from the date of entry into the service as Junior Accountant, that part-II examination of the T & T Accounts service is nothing but a qualifying examination and as such claim of the petitioners is liable to be rejected considering them as junior as there is no system ...... Not represented- Respondent Nos. 1-3 & 6-8 Civil Petition for Leave to Appeal Nos. 150 & 151 of 2004. (From the Judgment and Order dated Nov......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ..

Category: Administrative Law | Date: | Hits: 125

Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

....r the petitioner and perused the impugned judgment of the High Court Division and other papers on record. 7. The learned Counsels submit that the area of the suit plot is 5.68 acres and plaintiffs claim only 0.51 acre, as such, the High Court Division illegally and erroneously decreed the suit wi......hman, Advocate-on-Record- For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent. Not represented-Nos. 9-21. Civil Petition for Leave to Appeal No. 855 of 2004 (From the judgment and order dated 20.04.2004 passed by the H......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..

Category: Property Law | Date: | Hits: 75

Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)

.... to other persons. Their further case is that Bodillah was also the owner of the 'Kha' schedule land of the plaint and the plaintiffs being the heirs of Bodiullah inherited the same. The defendants claimed title to the suit land and, therefore, the plaintiffs were constrained to bring the present......sp; Not represented- Respondent Nos. 2-11 Civil Petition for Leave to Appeal No. 370 of 2002. (From the judgment and order dated 03.12.2001 passed by......nding, inter alia, that Bodiullah had 8 annas share in 'Ka' schedule land and he was sole owner of 'Kha' schedule land and he orally gifted his entire share to his wife Bittah Bewa in lieu of dower money and delivered possession to her. Bittah Bewa transferred her entire share i.e. suit land to ..

Category: Property Law | Date: | Hits: 39

Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)

....t;27. Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against (a).................................. (b) any other person claiming under him by a title arising subsequently to the contract, except a transferee for value ......ading, misconstruction or misappropriation of evidence on record. …………….(19 and 20) The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequ......it for specific performance of contract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purchaser for value and has paid the money in good faith and without notice of the original contract…….(14) Cases ..

Category: Property Law | Date: | Hits: 41

Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)

....existence to a particular statute but the above Rifles Public School and College, having not been created by any statute, is not a "statutory body" and further, a body or institution can claim to be a "local authority" if only it is established by the government under any law...... represented—Respondent Nos. 3-6. Civil Review Petition No. 122 of 2005. (From the judgment and order dated 12th June, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1494 of 2004). Judgment Md. Tafazzul Islam J.- By this peti......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..

Category: Employment/Service Law | Date: | Hits: 68

Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)

....ows that Rustom Ali had no right to make any transfer or sell the suit land in favour of Abdul Jabbar as admittedly, Rusatom Ali did not execute any sale deed in favour of Abdul Jabbar and the very claim of the plaintiff is that Abdul Jabbar, on the strength of a contract, entered into possession......esh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent injunct......the suit land along with other lands for rehabilitation of refugees coming from India and the relief and rehabilitation authority allotted the said land to refugees and also sanctioned loan of cash money to them for constructing house on the allotted land on certain conditions which, amongst oth..

Category: Property Law | Date: | Hits: 37

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

....ms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right to form an association he cannot claim any right or protection under Article 38 of the Constitution. Whatever right he has as a membe...... 38 & 102 Though membership to the Society is open to all citizens of Bangladesh who comply with the terms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right to form an association...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ..

Category: Constitutional Law | Date: | Hits: 170

Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)

....�……………………….....Respondent Judgment November 27,1989. Result: The appeal is allowed. The Succession Act, 1925 (XXXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific perfo......Result: The appeal is allowed. The Succession Act, 1925 (XXXIX of 1925), sections 283 & 211 Respondent claiming to have entered into an agreement of sale with the deceased filed a suit for specific performance of contract and wants to be added as a party in the probate proceeding brou......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..

Category: Property Law | Date: | Hits: 80

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