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Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

....ny right, title and interest over 90 decimals of - ‘Kha’ schedule land and further declaration that the plaintiffs are the owners of ‘Ga’ schedule land and that defendant No. 1 be directed to hand over vacant possession to the plaintiffs within 30 days from the date of the decree. 4. Bef......t is illegal and not binding upon the plaintiffs and not related to ‘Ga’ schedule land of the plaint and that for a declaration that defendant No. 1 has not acquired any right, title and interest over 90 decimals of - ‘Kha’ schedule land and further declaration that the plaintiffs are the ow......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..

Category: Property Law | Date: | Hits: 101

Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....o thereafter by kabala dated 29th August 1938 sold the remaining 8 annas share to them and accordingly, they became owners of 12 and odd annas share of the suit land The defendants, case on the other hand , one Yasin Ali had jote right in the suit land under Sajjad Ali and others. The said Yasin Ali......ossess the suit land for a long period by constructing dwelling huts and residing therein.  16. P.W.1, who is plaintiff No. 2 in his evidence, stated that the homestead of the defendants covered the entire the suit land but later he stated that the defendant also grows vegetables in a po......e, we are of the view that the High Court Division did not commit any error in allowing the appeal.  Accordingly, the appeal is dis­missed with costs.   Ed.  ..

Category: Property Law | Date: | Hits: 76

State Vs. Nurul Islam, 2006, 35 CLC (AD)

....ar then three accused persons stopped the rickshaw and one of them struck Monowar Hossain Bepari on his neck with the butt of a revolver and placing the revolver on his chest forcibly snatched away a hand bag containing TK. 38,000/-clothes and a citizen calculator, the other accused snatched away a ......revolver along with the said bag. The other accused escaped. The local people then informed the police at the Police Station and the informant with his force arrived on the spot and the people handed over the accused respondent to the police along with the revolver and black reksin bag contain­i......esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned.  Ed ..

Category: Criminal Law | Date: | Hits: 106

Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)

.... No. 127 of 1984 the same stood abated and as such both the learned Assistant Judge and the High Court Division committed an error of law in not dismissing the said Misc. case.  5. On the other hand Mr. T.H. Khan, learned Advocate appearing for the Respondents, referred to the statements made ...... Misc. case and thereafter upon an objection raised by the Respondent No.3 another son and three daughters of said late Dr. Md. Ismail Khan had been added as parties in the Misc. case on 11-6-80. Moreover said Md. Yunus Talukder in para 7 of his Counter-Affidavit filed before the High Court Division...... the trial Court and rather they accepted it.  8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs.  Ed. ..

Category: Procedural Law | Date: | Hits: 83

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

....t respec­tively. The case of the plaintiffs, in short, is that 'Ka' and 'Kha' schedule suit lands originally belonged to Raja Amiya Narayan Sannayal of Putia Raj Estate. Khailash Chandra Mahantau and Ishwar Chandra Mahantu took pattan of the suit lands from the Putia Raj Estate. ......decessor-in-interest of respondent Nos. 1,2 and 3 as plaintiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy Commissioner, Naogaon were impleaded as defendant ......n proper per­spective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us.  The appeal is dismissed with costs.   Ed. ..

Category: Property Law | Date: | Hits: 63

Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)

....tice resulting in an error in the decision but also caused prejudice to the appellants.  8. Mr. Habibul Islam Bhuiyan, the learned Counsel, appearing for the pre-emptor respondent, on the other hand con­tended that the respondent filed an applica­tion on 25-4-1996 before the appellate ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below.  No order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 56

Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)

....xclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Nazar 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 collected from the Mazar and that the formation of the committee to look aft......ive right to the Mazar and the Mosque. They are exclusively entitled to collect the Nazar 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 collected from the Mazar and that the formation of the committee to look after th......ality committed by the High Court Division. Annexure-D is a copy of application filed by the respon­dent No. 3 to  the  Waqf Administrator requesting him to take action in the matter of management of the Waqf Estate in the light of the order dated 26.04.1999 passed by the High Court Di..

Category: Property Law | Date: | Hits: 57

Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)

....   In course of quarrel, two of the accuseds caught hold of the victim and took him out to the courtyard. The appellant assaulted the victim at the head with a piece of stone in his hand, the other accused also assaulted the victim and the victim succumbed to such injuries caused ......sons worked against accused Mashuq Mia. On a date previous to the occurrence a duck belonging to the wife of the deceased was killed by one Shohel, a relation of accused Mashuq Mia. A salish was held over the matter at the residence of accused Mashuq Mia on 13.11.1992 at about 8.00 A.M. The informan......sion right­ly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same.  The appeal is dismissed.   Ed. ..

Category: Criminal Law | Date: | Hits: 95

M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)

....es to appear before him and submit their case in writing. It appears that the appellant in pursuance of that notice appeared before the Arbitrator and submitted their statement of claim. On the other hand, the respondents though prayed for time but subsequently they did neither file any written Obje......ammad Fazlul Karim J M.A. Aziz, J Amirul Kabir Chowdhury, J  M/S. Concord Engineers and Construction Ltd.........Appellant. Vs. The Chief Engineer Road and Highways Department, Government of the People's Republic Bangladesh, Sarak Bhaban, PS. Ramna, Dhaka.....Respondent&nbs...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order.  For the reason aforesaid, this appeal is dismissed without any order as to costs.  Ed. ..

Category: Alternative Dispute Resolution | Date: | Hits: 229

Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)

....e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ......dgment and decree dated 27.11.85 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 316 of 1981.  2. The plaintiff-appellant instituted the suit for declaration of title and recovery of khas possession on the averments, inter alia, that he is a Bangladeshi by birth hav­ing......e in Bangladesh, the ques­tion of forming any opinion by the Government is not at all relevant.  For the foregoing reasons, the appeal is dismissed without any order as to costs.  Ed. ..

Category: Civil Law | Date: | Hits: 128

Abdul Malek and oth­ers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)

....r of law which resulted in an error causing failure of jus­tice.  10. Mr. A. J.  Mohammad Ali,  the learned Counsel appearing for the respon­dents, on the other hand, contended that having  regard to  the  facts  and circum­stances of th......-3 who were respectively defendants Nos. 47-49 and other respondents for declaration of their title and partition in respect of Ka schedule land and also for partition and declaration of title and recovery of khas possession in respect of Kha schedule land after evicting the defendants Nos. 47-49 th......, felt difficulty to fault with the impugned judg­ment of the High Court Division. We find no substance in the appeal, which is accord­ingly dismissed without any order as to cost.  Ed. ..

Category: Property Law | Date: | Hits: 73

National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)

....emanded refund of proportionate cost of the short items or supply of the same afresh by the defendant but as already noticed this request was not accepted by the defendant. The defendant on the other hand unilater­ally cancelled the contract and forfeited the money paid by the plaintiff and sold...... time for performance the plaintiff kept the contract alive and allowed the defen­dant to rightly forfeit the earnest money and the money subsequently deposited which the 'plaintiff cannot recover. The defendant however could not prove its counter-claim, the trial court dismissed the suit. A......nd any error of law and as such it does not call for our interference.  19.  In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs.  Ed. ..

Category: Business or Commercial Law | Date: | Hits: 108

Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)

....ing the same unless there is an error apparent on the face of the record based on evidence or material on record." 14. Supreme Court of India also held the same view of the case of Sow Chandra Kante vs. Sheikh Habib, (1975) 1 SCC 674. It runs as; "Once an order has been passed by......e record occasioning failure of justice, review petition should not be entertained lightly. The provisions under Articles 23 and 24 of the President’s Order 16 of 1972 are intended to cover only orders passed with jurisdiction and these provide no protection to orders passed without......ation of title, recovery of khas possession in respect of the industry named Messrs Fasons Metal Industries at 287/288, Baizid Bostami Industrial Area, Chittagong. The plaintiff took stand that the management of the industry was always with the plaintiff through his son Nazir Mohiuddin who was p..

Category: Property Law | Date: | Hits: 97

Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)

....of the learned S. C. C. Judge, which has seriously prejudiced the petitioner.  6. Mr. Harandra Nath Nandi, the learned Advocate, appearing for the respondent-plaintiff,   on the other hand, contended that in view of the materials on record, the learned S. C. C. Judge found the petiti......agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ......agreement with the findings and deci­sions arrived at by the High Court Division and in such view of the matter the petition merits no consideration.   Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 54

Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)

.... He fur­ther emphatically submitted that this question may very well could be raised by the shareholders if they wanted to in their general meeting and it is the responsibility of the Chairman to handle the issue on the floor of the meeting and the contemners as employees of the Bank have nothin......r of this Court and on receipt of the letter dated 17.7.2003 from the contemner-appellant No.2 Mr. K.Z. Alam referred to his earlier letter dated 19.7.2003 and talked to the contemner-appellant No. 1 over telephone regarding holding of the AGM and again by his letter dated 22.7.2003 requested the co......Barrister-at-Law, a Senior Advocate of this Court was appointed as Chairman designate to call, hold and conduct the AGM for the afore­said years. By that order the Company Court also directed the management of the Bank to extend all co-operation to the Chairman designate in the matter of holding..

Category: Business or Commercial Law | Date: | Hits: 118

Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)

....ack Tk. 36,000/- and thereupon the appellant returned the original copy of the mortgage deed, but did not make over possession of the shop. The appellant asked him to wait till disposal of the merchandise in the shop and he accepted the said assurance of the appellant since at the relevant time ......ntrol of the shop No. 235 (kha). He, in the month of January and February, 1985 paid back Tk. 36,000/- and thereupon the appellant returned the original copy of the mortgage deed, but did not make over possession of the shop. The appellant asked him to wait till disposal of the merchandise in th...... appellant asked him to wait till disposal of the merchandise in the shop and he accepted the said assurance of the appellant since at the relevant time the appellant was one of the persons in the management of the Society. He waited for having the possession of the shop, but the appellant on di..

Category: Procedural Law | Date: | Hits: 111

Aynul Sheikh and another Vs. State, 2006, 35 CLC (AD)

....ince acquitted by the trial court) and Shafiuddin Sheikh and Jaber Sheikh (the two appellants) and entered into the said land and the appellants Shafiuddin Sheikh and Jaber Sheikh caught hold of the hands of Abdul Gafur and then convict Aynul Sheikh dealt a spade blow on the head of Abdul Gafur who...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ...... rigorous imprisonment for 10 (ten) years each and to pay fine of Tk. 5,000/- each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 97