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Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......ing, made the Rule absolute. 5. We have heard the learned advocate for the petitioner, and perused the petition, the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division made the Rule absolute holding that under the sc......ator of Waqfs, Bangladesh…..Petitioner (In Civil Petitioner No.1359 of 08). Shah Mohammad Hossain..................Petitioner (In Civil Petitioner No. 1360 of 08) Vs. Shah Mohammad Alinoor and others…......Respondents (In both cases) Judgment March 3, 2009. Lawyers Involved: ......rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...Category: Trust/Waqf Law | Date: | Hits: 518
Most. Sufia Khatoon Vs. Mrs. Mahabuba Rahman & others, 2009, 38 CLC (AD)
....cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ......he petitioner and Mr. A. F. Hassan Arif, learned Counsel appearing for the respondent No.8 and others and perused tie petition and the impugned judgment and order of the High Court Division and other papers on record. 11. The question that was raised before the High Court Division was whether a p......nts (In Civil Petition No.2053 of 2008). S.K. Mohd Anwar Hossain & ors. ..........Respondents (In Civil Petition No. 2054 of 2008). Judgment May 18, 2009. Cases Referred To- Abdul Huq and others Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Minis......cision to the present case and to the future cases. With the above observations all the leave petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 917; 30 BLD (AD) 2010. ..Category: Property Law | Date: | Hits: 79
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....ed January 5, 1977 she refunded TK.1, 90,000/-to the plaintiff and forfeited the balance amount. In our view the aforesaid facts as to which the plaintiff and the defendant No.1 are in dispute not relevant for the disposal of the instant suit since the question hinges on the point whether defend...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... Md. Tafazzul Islam J Md. Hassan Ameen J Ahmed Hossain Khan…......................................................Appellant Vs. Mosammat Hamida Begum Chowdhury and another…..........Respondents Judgment April 5, 2007. Lawyers Invo...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....uct. 17. Section 156 provides for the punishment of the offence mentioned in column 1 of the table and as many as 98 categories of offence are mentioned therein. Of these only items 81 and 82 are relevant for the purpose of the disposal of the appeals. They are as follows: "81. If any of......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......ons 80-83 only to a Customs Officer who is kingpin of the entire enactment.................(22) The Customs Act, 1969 (IV of 1969), Section 6 Customs officer's authority under the Customs Act and that the Police Officer under the Code of Criminal Procedure are different. The Police officer h......elow the rank of an Assistant Collector of Customs to search and arrest without warrant. Section 166 gives the power to any Gazetted officer of customs to summons persons to give evidence and produce documents or things. Then section 169 provides—how the seized things will be dealt with. All these..Category: Fiscal/Taxation Law | Date: | Hits: 129
Arif Hossain @ Shuvro Vs. State, 2009, 38 CLC (AD)
....bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ......etc. 7. We have considered the submissions made by the learned Counsel appearing for the petitioner and perused the impugned judgment and order of the High Court Division and other connected papers available on record. 8. Admittedly, trial Court relied on the evidence of police......ructed by Syed Mahbubur Rahman, Advocated-on- Record-For the Petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No.490 of 2008. (From the Judgment and order dated 27.07.2008 passed by the High Court Division in Criminal Appeal Nos.821 of 2006 wi......bmissions made by the learned Counsel for the petitioner do not merit consideration. Leave petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 895. ..Category: Criminal Law | Date: | Hits: 120
S. M. Mosharaf Hossain Vs. Sonali Bank and others, 2009, 38 CLC (AD)
....te answer to some prearranged and type written purposeful questions without allowing him to make a full defence statement and thereafter concluded the enquiry without examining the relevant document conversant persons and related transactions. 11. The petitioner received t......;ing, inter alia, that the petitioner, being in-charge of Foreign Exchange Department always tried to boost upto achieve exporters application dated 17.08.1996 along with L/C and other papers for release of 3200 Master Cartoons of shrimps was duly recommended for shipment....... MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J S. M. Mosharaf Hossain ........................Petitioner Vs. The Sonali Bank and others……...............Respondents Judgment May 31, 2009. Law......ost upto achieve exporters application dated 17.08.1996 along with L/C and other papers for release of 3200 Master Cartoons of shrimps was duly recommended for shipment. The documents against the bill in question were submitted to the desk of the petitioner by M/S Lokpur F..Category: Administrative Law | Date: | Hits: 423
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....e executing Court rejected the writ petition summarily, observing that: "We have considered that submission of the learned Advocate and gone through the impugned order and other relevant papers annexed to the writ petition. We have examined the decree in question (Annexure-A)......hy;ing Court rejected the writ petition summarily, observing that: "We have considered that submission of the learned Advocate and gone through the impugned order and other relevant papers annexed to the writ petition. We have examined the decree in question (Annexure-A). The rel&...... Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S M.M. Steel Mills Limited and another….............Petitioners Vs. The Judge, First Artha Rin Adalat, Ch......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....haka, in Artha Rin Execution Case No.490 of 2005 rejecting the petitioner's application filed under Section 57 of the Artha Rin Adalat Ain, 2003 for dismissal of the Execution Case. 3. Facts relevant in the instant case are that the respondent No.3 bank instituted Artha Rin Suit No. 56 of ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ...... M. Muzahid Islam ………………………….Petitioner Vs. Bangladesh, represented by the Secretary Ministry of Law, Justice and Parliamentary Affair of Bangladesh Secretariat, Ramna, Dhaka-1000 and others .......Respondents......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..Category: Civil Law | Date: | Hits: 140
Abdul Mannan and others Vs. Borhan Uddin Chowdhury and others, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ......ble on record the court would decide the points at issue without sending the suit back on remand to the trail court. 7. We have heard the learned Advocate-on-Record and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High......62. ......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 862. ..Category: Property Law | Date: | Hits: 41
Ahmed Meah Sowdagar Vs. S. M. Abdul Alim and another, 2009, 38 CLC (AD)
....ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ...... learned Judge of the High Court Division misread these facts and came to an erroneous decision occasioning failure of justice. 7. We have heard the learned Counsel and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High...... Abedin J Shah Abu Nayeem Mominur Rahman J Ahmed Meah Sowdagar ………………………...Petitioner Vs. S. M. Abdul Alim and another………….........Respondents Judgment April 15, 20......ved at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 859. ..Category: Property Law | Date: | Hits: 29
Hatirdia Rajiuddin College Vs. Abdul Barik and others, 2009, 38 CLC (AD)
....shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ......he Rule absolute and hence this petition for leave to appeal. 9. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that the High Court Division considered the judgment of the......Rajiuddin College represented by the Secretary, Hatirdia Rajiuddin College, Managing Committee, Police Station-Monohardi, District-Narsingdi ..........Petitioner Vs. Abdul Barik and others ..........................................Respondents Judgment February 17,......shy;late court and restored that of the trial court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 854. ..Category: Property Law | Date: | Hits: 32
Moulvi Abdul Wadud Chowdhury Vs. Abdul Motaleb Chowdhury and others, 2009, 38 CLC (AD)
....the State Acquisition and Tenancy Act for pre-emption of lands sold out by the same vendor opposite party vide three separate sale deeds, duly registered under the Registration Act. 2. The facts relevant for the disposal of the cases in reference are that the opposite party No.2, being owner po......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ......esent: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Moulvi Abdul Wadud Chowdhury ...........Petitioner (In all the cases) Vs. Abdul Motaleb Chowdhury and others..........Respondents (In all the cases) Judgment March 15, 2009. Lawyers Involve......in the impugned judgments. Accordingly, all the applications for leave to appeal being CPLA Nos. 513, 517 and 518 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 850. ..Category: Property Law | Date: | Hits: 33
Md. Jahangir Kabir Vs. Bangladesh, 2009, 38 CLC (AD)
....he posts of Instructors P.T. Institute have been upgraded to the position of Class-1 gazetted (non-cadre). But the said notification has not yet been given effect for want of amendment of the relevant rules. The teachers of the Experimental Schools and the Instructors of P.T. Institutes are......red and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ......Md. Jahangir Kabir………………………..Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Education, Primary and Mass Education Division, Bangladesh Secretariat, Dhaka and another.............Respondents ......red and thus we do not find any illegality in the impugned judgment and order. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 828. ..Category: Administrative Law | Date: | Hits: 243
Surendra Mohan Bandayapadhya Vs. Lalit Mohan Das, 2009, 38 CLC (AD)
....onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ......onsideration on the facts and evidences on record. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 825. ...... ......ing theft and taking away of crops from the suit land by the plaintiff, wherein the plaintiff was convicted and punished but on appeal was acquitted and that the appellate Court on scrutiny of the documents doubted the amalnama and observed that the defendant Nos.3 and 4 were not residing in the..Category: Property Law | Date: | Hits: 38
Abdul Halim alias Halim Mia Vs. Abdus Sattar and others, 2009, 38 CLC (AD)
....nior Advocate for the petitioner submits that the High Court Division erred in holding that suit was barred by limitation inasmuch as it was so held without properly adverting to the relevant fact and evidence on record. He further submits that the finding of the High Court Divisio......was duly made on 11.9.1994 but the High Court Division ignored the materials on record and most illegally discharged the Rule. 7. We have heard the learned Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High...... Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Halim alias Halim Mia .............................Petitioner Vs. Abdus Sattar and others .................................Respondents Judgment June 21, 2009. ......ved al a correct, decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 823. ..Category: Property Law | Date: | Hits: 30
Md. Ripon, Proprietor, Ripon & bros Vs. Heze Wanda Playing Cards Co. Ltd. & ors, 2009, 38 CLC (AD)
....f the facts and materials on record of the case, we find no substance in this leave petition, which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 819. ......1 and perused the impugned judgment and order of the High Court Division and other materials available on record. 9. On consideration of the facts and materials on record including the papers produced before it, the learned Single Judge of the High Court Division found that the learn...... also Reported in: VI ADC (2009) 819. ......ot; and "VISA" which is illegal, unjust and without any lawful authority and not permissible under the Trade Marks Act, 1940. The plaintiff has obtained information that by virtue of some documents issued by the various authorities the defendant No. 1 claiming himself as the owner of t..Category: Intellectual Property Law | Date: | Hits: 361
Saiful Hoque Vs. Bangladesh House Building Finance Corporation, 2009, 38 CLC (AD)
....at a correct decision. We therefore find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 187. ......judgment which is against the principle of natural justice and as such the same is liable to be set aside. 8. We have heard the learned Advocate for the petitioner and perused the connected papers including the impugned judgment. We do not find any substance in the points rais......structed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 646 of 2008. (From the judgment and order dated 2.3.2008 passed by the High Court Division in Civil Order No.1010 of 2008) ...... is liable to be dismissed. 4. The plaintiff petitioner thereafter filed an application under Order 11, Rule 14 read with Section 151 of the Code of Civil Procedure for production of certain documents mentioned in the written statement. The learned Joint District Judge, 1..Category: Property Law | Date: | Hits: 53
Sufia Khatun Vs. Amin Hossain Mondal and others, 2005, 34 CLC (AD)
....ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......ons made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 164. ......l Islam J Sufia Khatun……………………………………….Appellant Vs. Amin Hossain Mondal and others……..Respondents Judgment January 16, 2005. Case Refer......ever possessed the land in suit, that plaintiff No.1 was the licensee of the defendant No.1 in a portion of the suit property and the plaintiff No.1 has brought the suit on the basis of fabricated documents and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit..Category: Property Law | Date: | Hits: 35
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
..... In course of his journey when the writ petitioner reached a point at about 8 P.M. near Madhabpur Police Station under Habiganj District, he was advised by an Army Officer, who was on duty at the relevant time in connection with Clean Heart Operation to go to Madhabpur Police Station and to mak......e writ petitioner. 4. The learned Counsels appearing for the appellants submitted that it failed to appreciate that the letter dated 22.04.2004 was issued after due consideration of relevant papers and connected materials (কাগজপত্র এ......mel Hossain J Mostafa Kamal & anr………Appellants (In Civil Appeal No. 139 of 2006) The Principal Secretary, Office of the Hon'ble Prime Minister, Tejgaon, Dhaka and others.......................Appellants (In Civil Appeal No. 140 of 2006). Vs. Sa......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..Category: Criminal Law | Date: | Hits: 64
Bhawal Raj Court of Wards Estate Vs. Rasheda Begum and others, 2009, 38 CLC (AD)
....erties of disqualified owners by the Court of Wards is a matter of long past. Either they have overcome their disqualification in the meantime or have died leaving heirs to inherit the estates. A relevant question therefore arises if there is at all any necessity or scope for such Court of War......and will be of no effect in the eye of law. Accordingly with the above observations the leave petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 401. ......in J Shah Abu Nayeem Mominur Rahman J Bhawal Raj Court of Wards Estate, represented by its Manager, Dhaka.................Petitioner (In all the cases) Vs. Rasheda Begum and others .........Respondents (In Civil Petition No.1447 of 2008). Nazma Akhter Banu and o......ner submitted that the alleged transfer of the case lands in the names of "the writ petitioners and or their predecessors-in-interest" have been shown fraudulently on the basis of forged documents and that in the meantime the record of right in respect of the case lands on the basis of..Category: Property Law | Date: | Hits: 67
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