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Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
.... relating to appeals from orders. 14. Furthermore, Order XLI rule 9(1) on the Code of Civil Procedure provides that: "9. (1) Where a memorandum of appeal is admitted, the Appellate Court or the proper officer of that Court shall endorse thereon the date of presentation, and shall register the ......dge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the judgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of......rict Judge on the date fixed for admission of the appeal without serving any notice to the plaintiff respondents or giving any chance of hearing to the plaintiff respondents depriving them from their legal right of hearing which has occasioned serious failure of justice. He further submits that the ..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ......Present: Md. Tafazzul Islam CJ Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdul Kader @ Kada and others…………Petitioners Vs. The State…………………………………......Re......aw, that considering the time and place of occurrence at dead of night inside the hut corroboration by independent witnesses not being possible, acquittal of the respondents on the said ground is not legal. 16. As seen from the materials on record that immediately after the incident P.W.'s 1, 4 a..Category: Criminal Law | Date: | Hits: 57
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....estion both the Courts below found that the plaintiff was a paradanshin woman and the defendants could not produce any evidence to prove that the said deeds were executed and registered by her with proper independent advise given to her as required under section 16 of the Contract Act and that adm......on is dismissed. This Case is also Reported in: VII ADC (2010) 516.......ring drawing the attention of the Court to the deposition of the D.Ws. submitted that by partition more land then she deserved was give to the plaintiff and accordingly the partition deed was not illegal but the present suit, being not a suit for partition, the question of obtaining more or less s..Category: Property Law | Date: | Hits: 26
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
....artitioned and suit land fell in the saham of Ismail the predecessor of these defendants. Ismail died leaving four daughters Godar, Gedi, Ayiul and Sayful and maternal cousin Ain Ullah to inherit his properties. On an amicable partition amongst the heirs of Ismail the suit land fell in the saham of ......resent: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Hazi Sanjob Ali being dead his heirs: Mst. Golap Jan and others………….....Petitioners Vs. Hurmuj Ali and others………….........Responden......the last settlement operation in separate khatians. Among the settlement holders Shahar Ullah died leaving late Mahram Ullah predecessors of plaintiff Nos.4-8 and plaintiff Nos.1-3 as his surviving legal heirs who are in peaceful possession of the suit land till today. The suit plot had been recor..Category: Property Law | Date: | Hits: 28
Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)
....e and baseless allegations with intent to grab the suit land and hence, the suit is liable to be dismissed. 4. Mr. Mahbubey Alam, learned Counsel, appearing for the petitioners submitted that on proper consideration of the documentary and oral evidence of the parties the trial Court and the C...... 510....... one month. The preparation of paper books is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510...Category: Property Law | Date: | Hits: 45
Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)
.... on record arrived 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: VII ADC (2010) 499....... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Abdul Aziz J Md. Abu Zafar Shahid and others……………....Petitioners Vs. Mrs. Joinab Begum and others……..............R......ivision by judgment and order dated 24.6.1986 made the rule absolute and allotted 4 annas saham to the defendant Nos.8-16. In the mean time, the plaintiff No.1 died and the plaintiff No.2 being the legal heir of plaintiff No.1 prayed for allotment of two annas saham of plaintiff No.1 in his favour..Category: Property Law | Date: | Hits: 17
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......ijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ebrahim Steel Re-Rolling Industries (Pvt.) Limited……………........Petitioner Vs. Bangladesh and others……………......Respondents Judgment February 11, 2010. Lawyers Involved: ...... to TK. 2,97,50,238.00 on condition that the petitioner would repay the outstanding amount of TK. 21,24,733.08 in two years in 8 quarterly installment and also an additional sum of TK. 25,000.00 as legal expenditure. Subsequently, on 01.12.1999 the respondent No.4 wrote another letter to the pet..Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
.... 3 sisters, Bhani, Kanchan and Feli. The sons of Bhani and Feli as plaintiffs in this suit claimed 23 share, while the sons of Kanchan and Sumitra are defendants. It was further alleged that the suit property was in ejmali possession. Khatians were not correctly prepared and there was difficulty i......Reported in: VII ADC (2010) 492. ......nder and his daughters never inherited the suit property. It was also stated that Kali Charan died leaving a widow Tanti Bewa whose name was also recorded in the khatian and said Tanti Bewa for her legal necessity leased out her 23 share to Nakul by patta dated 16.03.1932. Thereafter, Nukul took t..Category: Procedural Law | Date: | Hits: 95
....aid defendant promised to sell the remaining 0.48 acres to the plaintiffs' predecessor and that Kabir Ahmed died on 10.01.1970 leaving behind the defendant Nos.21-24 as his legal heirs to inherit his properties including the suit land and that the defendant in particular defendant Nos.6 and 7 on 1.............18.09.1978 are forged, null, void, collusive and not binding upon the plaintiffs.
3. The plaintiffs' case is that their predecessor Younus Miah purchased 1.43 acres out of the suit land from the legal heirs of Kabir Ahmed, the predecessor of the defendant Nos.21-24, vide registered deed No.1678..
Category: Property Law | Date: | Hits: 38
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....ampur, Jessore impleading the predecessor of the petitioners and other respondents as defendants for declaration of title and confirmation of possession and khas possession in respect of the suit property. 3. The plaintiffs in the aforesaid Title Suit No.228 of 1984 stated in the pliant that ......late 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 Sree Bishonath Das and others………………………..Petitioners Vs. Sree Binoy Kumar Das and others…….......02.1979 obtained a registered kabala deed from Kashinath and the plaintiff had lawful title over the suit land. The plaintiff further stated that on 15.02.1982 the ADC (Revenue), Jessore passed an illegal order regarding correction of S.A. record and on the basis of that order defendant No.1 threat..Category: Property Law | Date: | Hits: 27
....
2. The facts, in short, are that the petitioner's predecessor Tofazzal Ali Chowdhury created "Tofazzal Ali Chowdhury Waqf Estate" by deed No.415 dated 22.01.1915 with the noble and pious object of proper management of two mosques and to meet the expenses for jiarat of the graveyard of the Wakif......in J
Md. Abdul Matin J
Abu Nayeem Mominur Rahman J
Md. Yusuf Chowdhury……………….......Petitioner
Vs.
The Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000 and Others…….....Respondents
Judgment
November 8, 2009.
Lawyers Involved:
Sk. Zalfiq......t get any preference over the senior members for appointment as mutwalli and that order was not challenged by the present petitioner at any time and therefore the High Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dism..
Category: Trust/Waqf Law | Date: | Hits: 185
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....e, Kiron Chandra Ghose and others and while in khas possession through 3 pattans in 1351, 1352 and 1353 B.S. they gave the land under settlement to Sheikh Wahab Ali after receiving salami and issuing proper dakhilas and said Wahab Ali erected dwelling house over plot No.784 and used to live there ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mojibor and another………..................Petitioners Vs Md. Nurul Islam and others……………......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467...Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......is Case is also Reported in: VII ADC (2010) 459. ...... the impugned judgment and order is liable to be set aside; that after deliberate and fraudulent acts and omissions of respondent No. 1 and his cohorts in the company pushing it at the verge of its legal death resulting in consecutive yearly financial losses, the purposes of taking loans from the ..Category: Company Law | Date: | Hits: 197
Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....2. Abdur Rahman was a Bangladeshi national who was all along residing in the aforesaid holding with other members of his family. While Abdur Rahman was in exclusive possession he transferred the case property to the writ-petitioner by way of a registered kabala dated 24.04.1974 and delivered posses...... (AD) (2010) 179......72 is absolutely wrong, without any evidence on record, either oral or documentary or without any pleading on behalf of the Government before the Court of Settlement and hence the impugned order is illegal and ultra vires and as such, the appeal is liable to be dismissed. 7. It appears from the r..Category: Property Law | Date: | Hits: 24
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....iled another supplementary statement on 24.04.2007. On 06.03.2007, a first information report was lodged against the respondent no. 1, narrating various allegations of acquiring movable and immovable properties by abuse of power, and a case was recorded under sections 26 and 27 of the Act, section 4...... Md. Muzammel Hossain J Surendra Kumar Sinha J The Anti-Corruption Commission, represented by its Chairman, 1, Segunbagicha, Dhaka........... Petitioner. Vs. Dr. Muhiuddin Khan Alamgir and others.......... Respondents. Judgment July 04, 2010. Result: The petition is dism......A supplementary charge sheet was also submitted on 21.05.2007 against the respondent no.1, bringing the allegation of concealment of total Tk.3,27,88,465/-which he allegedly acquired beyond his known legal source of income and the learned Special Judge framed Charge under sections 26(2) and 27(1) of..Category: Anti-Corruption Laws | Date: | Hits: 231
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....tion was taken by the Council to cover up their own illegal act. 3. The writ petitioner filed the writ petition on the ground that there was no prima facie Case disclosed in the F.I.R. and without proper investigation and violating the provisions of the Anti Corruption Act, 2004 and the Rules the...... Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti Corruption Commission represented by its Charmin, Head Office, 1 Segunbagicha, Dhaka……….....Petitioner Vs. Shah Alam Chowdhury and others............Respondents Order January 13, 2007. Lawyers Involved: Mansur Habi...... the same amount of Tk.50 lace to the Council. The audit authority recommended for taking appropriate action against the accused persons but no action was taken by the Council to cover up their own illegal act. 3. The writ petitioner filed the writ petition on the ground that there was no prima f..Category: Anti-Corruption Laws | Date: | Hits: 159
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......ourt High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtaz Uddin Ahmed J Dr. Mohiuddin Farooque...Petitioner Vs. Government of Bangladesh and others... Respondents. Order June 23, 2001. Lawyers Involved: Syeda Rezwana Hasan w......s required under the provisions of the Act and the Rules made there under and no excuse would be accepted in the performance of their such primary obligations.” 19. In the back-drop of the above legal position, the following directions were given in the said Judgment: “The Director General..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....………………….. (a) ……………………………………………….. (e) “pollution” means such contamination, or other alteration of the physical, chemical, or biological properties of any waters, including change in temperature, taste, colour, turbidity, or odour of the...... Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples U......ctories situated up and down the country. 2. BELA has been registered as an association under the Societies Registration Act, 1860, with the aims and objects, inter alia, to organize and undertake legal or administrative actions and measures to protect, preserve, conserve or reinstate environment..Category: Environmental Law | Date: | Hits: 345
.... eye of law.
7. The learned Advocate appearing for opposite party nos. 2-3 opposes the Rule and submits that as petitioners purchased the disputed land during pendency of suit, so they are neither proper nor necessary parties to the suit nor their presence are necessary to decide the suit. Moreso......o communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233.......ety is not well founded in the facts and circumstances of the case. So, the grounds urged and contentions advanced by learned Counsel for petitioners are correct expositions of law and facts. So, the legal pleas taken by him prevails and appears to have a good deal of force. On the contrary I failed..
Category: Property Law | Date: | Hits: 27
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....een contended that the pre-emptor is not a co-sharer in the case land and as such the pre-emption case is not maintainable in law. It has been further contended that the disputed sales were not sales proper but these were conditional sales with agreement for re-conveyance of the same to the vendors ......il Miscellaneous Jurisdiction) Present: Gour Gopal Saha J Sikder Maqbul Huq J Captain (Md) Lutfar Rahman……………………Appellant Vs. Md. Abu Taher and others………………….Respondents Judgment October 31, 2000. Cas......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ..Category: Property Law | Date: | Hits: 22
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