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Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....sposal of the Rule are that the petitioner as plaintiff instituted Title Suit No.291 of 1987 in the Court of Senior Assistant Judge, 1st Court, Dhaka against the opposite parties for getting the suit property by way of pre-emption under Mohammedan Law on the averments that the plaintiff is owner of ......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......ng the relevant materials on record including the impugned judgment as well as the judgment of the trial Court below submits that the Court of appeal below under misconception of law and facts most illegally without adverting the material findings of the trial Court passed the impugned judgment whic..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....ly belonged to 2 brothers, Fazar Ali Sheikh and Mabu Sheikh alias Nabu Sheikh. That for convenience of the possession the said two brothers namely Fazar Ali and Mabu amicably partitioned their entire property before C.S. operation. By such amicable partition the lands of C.S. Plot Nos.87, 107 and 12......is Case is also Reported in: 29 BLD (HCD) (2009) 735. ......accordingly finally published. That the said Fazar Ali Sheikh while in exclusive possession of the land of C.S. Plot Nos.88 and other plots referred to above, died leaving one son Abdul Jabbar as his legal heir and successor. The said Abdul Jabbar sold different portions of C.S. Plot No.88 to differ..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....ons Judge is wrong. 6. As regards the contention that there was no police report about any offence triable by special tribunal we are of the view that if the investigation officer fails to mention proper section in charge sheet or in his report, the Court concerned is empowered to take cognizance......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...... triable under that Act. As such the order of sending the case record to the special tribunal for taking cognizance under provisions of the Cruelty to Women Deterrent Punishment) Ordinance, 1983 is illegal. He has further pointed out that in a revision the learned Sessions Judge gave direction for t..Category: Criminal Law | Date: | Hits: 29
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
.... 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 by a registered deed of Waqf dated 16-10-1878. According to the terms and conditions of the......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 ......rom the post of Mutwalli 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 ..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....e some pucca construction according to the plan passed by the local Municipality and the same awaits only completion; that the construction in no way would change the nature and character of the suit property; that the plaintiffs-petitioners have no prima facie case and that the balance of convenÂi............................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 DiÂgest 1972-1977, Vol......azirul Islam as defendant No. 1 and Nesarul Islam as defendant No. 16 and others; that during the pendency of the suit the said Nazirul Islam died on 23.8.82 but no substitution was made to bring his legal heirs on record and instead, the Deputy ComÂmissioner, Bogra was made a party defendant in th..Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
.... 11.2.80 in the suit. 4. The petitioner on 29.5.82 filed an applicaÂtion for striking out the name of the opposite party No. 1 from the plaint on the ground that the opposite party No.1 was not a proper and necessary party as no relief was sought against him in the suit. It was further alleged t......preme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Abser Miah...................................Petitioner Vs. Kiron Shankar Nandy & others........................Opposite Parties Judgment March 1, 1988. Cases Ref...... point the learned Judges made the following observation- "The necessary parties in a suit for specific performance of a contract for sale are the parties to the contract or if they are dead their legal repÂresentatives, as also a person who had purchased the property from the vendor after the c..Category: Procedural Law | Date: | Hits: 70
Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....the opposite party No.1 appears. Mr. Faiz submits that the heirs of the deceased Nurun Nahar Begum were not made parties in the main application due to bonafide mistake. Mr. Faiz submits that for the proper prosecution of this case the heirs of the deceased opposite-party No.1 Nurun Nahar Begum are ...... Dr. Mohammad Golam Kibria...................Petitioner Vs. Nurun Nahar Begum & others. ...................Opposite Parties Judgment January 23, 1989 Case Referred to- Mali Mandal and another vs. Khirode Bala Debya, 12 DLR 745. Lawyers Involved: Shahabuddin Faiz, Advo......—For the Petitioner. Mamtazuddin Ahmed, Advocate—For the OppoÂsite Party No. 3. Civil Revision No. 90 of 1988. Judgment AM Mahmudur RahÂman J.- This is an application for adding the legal heirs and representatives of the opposite-party No.1 in Civil Revision No.90 of 1988 and for d..Category: Procedural Law | Date: | Hits: 81
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.......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......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 Dhamgarh Narayanganj..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of BanÂgladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....amount of money although it has no obligation to contribute as the salvage expenses are to be borne by the ship owner alone whose reÂsponsibility was to ensure the seaworthiness of the vessel and to properly man, equip and supply the ship for the adventure. The damage alleged to have been caused to...... Lawyers Involved: Kamal-ul-Alam with AKM Abdul Hakim, Advocates—For the Plaintiff-Petitioner. M. Hafizullah with P. Bhattacharya, AdvoÂcates—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......mage to the goods due to breach of contract or breach of duty or negligence or misÂconduct of the ship owner or the crews as envisaged in section 6 of the Admiralty Courts Act, 1861. In this view of legal position I am of the opinion that the Admiralty jurisdiction of this Division can not be exerc..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
.... PetiÂtion Case No. 139a/87 drawing up proceeding under section 145 of the Code of Criminal Procedure should not be quashed or such other or further order or orders as to this Court may seem fit and proper. 2. The petitioners as 1st Party made a petition of complaint before the Chief Metropolita......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......duced any evidence before the Chief Metropolitan Magistrate on 12.4.87 or before and, therefore, the cancellation of the preliminary order upon revision by the learned Additional Sessions Judge was illegal. 13. We do not think that this submission has any legs to stand. The jurisdiction once vali..Category: Criminal Law | Date: | Hits: 32
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....reasonably be said that the "Acting Chairman" in section 14(2) has been authorised only to exercise such powers and discharge such duties of the office of the Chairman, which are necessary to run the proper routine adminÂistration of the Union Parishad within the ambit of the Union Parishad Ordinan......9) 108.......e impugned order, contained in Annexure "H" to the petition. 3. In the petition the petitioner in fact took the stand that the above mentioned three Chairmen of the Union Parishads having not been legally elected under Section 16 (2) of the Union Parishads OrdiÂnance by the majority of the total..Category: Election Law | Date: | Hits: 92
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....w cause as to why the judgment and order complained of in the petition moved in court should not be set aside and/or pass such other order or further order or orders as to this court may seem fit and proper. 2. The pre-emptor instituted the preemption Misc. Case No.11 of 2006 in the court of Assi...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mamtaz Uddin Ahmed Md. Mokbul Hossain………………………Pre-emptee-Appellant Petitioner Vs. Md. Umar Ali and others……….Pre-emptor Respondent-Opposite Parties Judgment November 5, 2009. Cases......ow/ditch land and developed the land investing of Tk. 1,50,000/-. The preemptor was aware of the sale and development of the land. The value of the land has increased now and for the purpose of the illegal gain and benefit, the pre-emptor filed the case which is liable to be dismissed. 4. The pr..Category: Property Law | Date: | Hits: 36
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
.... the Title Suit No. 5 of 2000. 2. The respondent No.1 of the applicaÂtion, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas possession of the suit property detailed in the plaint contending, amongst others, that the defendant No.3, Abdul Aziz Khan......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...... plaintiff vide the exchange deed dated 10.08.1981 the alleged story of sale to Nurus Sama on 12.08.1996 and to Md. Mozibur Rahman and Zahirul Haque Bhuiyan on 04.04.1988 by said Abdul Aziz Khan is illegal inasmuch as said Abdul Aziz Khan had no land to sell to Nurus Sama and or to Md. Mozibur Rahma..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. ......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: .......2009 issued by the respondent No.2 suspending the writ-petitioner from the office of Chairman, Kalipur Union parishad, Banskhali, Chittagong to have been passed without lawful authority and is of no legal effect and directing the respondents to hand over charge of office to the petitioner without d..Category: Election Law | Date: | Hits: 96
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....ate market without prior permission from the colÂlector, the suit-land was rightly forfeited under the provisions of Hats and Bazars Ordinance, 1959, which was not considered by this Division in its proper perÂspective. 5. We have heard the learned Advocate for the petitioner and perused the ju......ivil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Government of Bangladesh and others…………………...Petitioners Vs. Mariam Begum and others…………............... But the Additional Deputy Commissioner (Rev), by an order dated 23.10.1976, forfeited the suit-land and the adjoining market, under the provisions of Hats and Bazars Ordinance, 1959. Challenging the legaliÂty of the said Order dated 23. 10.1976, the plaintiffs filed the present suit with a prayer ..Category: Property Law | Date: | Hits: 33
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
.... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ......Appellate Division (Civil) Present : ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Saiful Alam………………………………….Petitioner Vs. Kamal Uddin Sabuj and others………………………….. Respondents Order January 19, 2011. Lawyers Invo......in Title suit No. 05 of 2011. 2. It appears that the suit was filed on behalf of the petitioner praying for a declaration, inter alia, that the election of Press Club, Dhaka dated 31.12.2010, is illegal, mala fide and of no legal value. In the suit the plaintiffs filed an application for temporar..Category: Civil Law | Date: | Hits: 91
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....f the Subordinate Judge, Bhola being Title Suit No. 78 of 1986, against defendant opposite party No. 1 alleging, inter alia, that the defendant entered into an agreement with him for sale of the suit property at a consideration of Taka 60,000 out of which the defendant received on 30-11-83 Taka 50,0......d in: 54 DLR (2002) 550....... was also contended that he did not execute any bainapatra in favour of the plaintiff. It was also asserted that the plaintiff filed the present suit with false and frivolous allegations for making illegal gains. 4. Soon after filing of the aforesaid written statement by contesting defendant No.1..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
.... legality and propriety of preparation of the voter list for holding election of the executive committee of the Bangladesh Swimming Federation alleging that the preparation of voter list has not been properly done. They moved the aforesaid writ petition on 16-7-2001 when a Rule nisi was issued upon ......This Case is also Reported in: 54 DLR (2002) 531....... 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 the legality and propriety of preparation of the voter list for holding election of the executive commit..Category: Civil Law | Date: | Hits: 70
State Vs. Masum and others, 2010, 39 CLC (AD)
....eneral, appearing for the petitioner submitted that the High Court Division erroneously decided and passed the impugned order granting bail to the accused-respondents and as such, the same is neither proper nor in accordance with law. The learned Additional Attorney General further submitted that th...... Present: Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J The State………........................Petitioner Vs. Masum and others……………........Respondents Judgment February 7, 2010. Result: Leave is......ney General further submitted that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mere surmise and conjecture. The learned Addition..Category: Criminal Law | Date: | Hits: 47
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
....uit land under Section 9 of the Specific Relief Act and the suit was transferred to the court of Second Additional Assistant Judge, Barisal and was renumbered as Title Suit No. 324 of 1992. 3. The property in the suit is .5 acre urban land along with a building measuring 15 cubits by 10 cubits an......e Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Begum Firoja Siddique and another…………….........Petitioners Vs. Md. Nizamul Islam (Nizam) and others……â......g good reasons for ascertaining the market value of the suit land as required under section 8C of the Court Fees Act and having found no illeÂgality in the order discharged the Rule. We find no illegality in the order of the High Court Division or in the order of the learned Assistant Judge acco..Category: Civil Law | Date: | Hits: 65
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