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Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
....le issued thereupon was made absolute by reversing the judgment and decree of the S.C.C. Judge. 5. Mahbubey Alam, the learned Advocate appearing for the appellant, after placing all the relevant papers, contended that while decreeing the suit for ejectment on the ground of bonafide r...... thereupon was made absolute by reversing the judgment and decree of the S.C.C. Judge. 5. Mahbubey Alam, the learned Advocate appearing for the appellant, after placing all the relevant papers, contended that while decreeing the suit for ejectment on the ground of bonafide requiremen......, Advocate-on-Record-For the Appellant. Aynuddin, Advocate, instructed by Ataur Rahman, Advocate-on-Record-For the Respondent. Civil Appeal No. 27 of 2001. (From the judgment and order dated 22nd July, 1999 passed by the High Court Division in Civil Revision No.1637 ...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... 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: V ADC (2008) 952. ......court below decreed the suit without having any regard to the fact that the suit was barred by limitation. 8. We have heard the learned Advocate for the petitioners and perused the connected papers including the impugned judgment. We do not find any force in the points raised. The High Co...... Present: Md. Joynul Abedin J Md. Abdul Matin J Fazor Ali being dead his heirs: 1. Mst. Jahura Khatun & others ….......Petitioners Vs. Md. Marfat Ali and others ……………………….......Responden...... 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: V ADC (2008) 952. ..Category: Property Law | Date: | Hits: 24
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ......t granting saham in favour of the petitioner, the heirs of the defendant No.7, which has resulted in miscarriage of justice. 11. 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......44. ......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 944. ..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....in cash and the remaining sum of Taka 6,000 was paid by crossed cheque No. SBL 993798 drawn on M/s United Bank Limited, EPRTC Branch, Dhaka by the plaintiff out of his Saving Account No. 1439. The relevant pass book of the aforesaid Saving Account No. 1439 will be submitted as evidence to prove ......intiff has been examined by the plaintiff to prove his claim not to speak of examining the Attorney entrusted to look after the property. 18. He further submits that, though some papers relating to banking transaction of the plaintiff to show payment of part of the conside......d JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Proc......er purchased by the appellant in benami, in her name and the appellant did not pay the consideration money. 7. The learned Subordinate Judge examined witnesses of the parties, received documents in evidence and decreed the suit. 8. The defendant-respondent preferred First App..Category: Procedural Law | Date: | Hits: 173
S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......mittee was constituted and the said Committee was approved by the District Registrar, Cooperative Societies and the election was scheduled to be held. Since only 12 candidates filed nomination papers for 12 posts no formal election was held and the said 12 candidates were declared elected. ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J S. M. Delwar Hossain and others........Appellants Vs. Government of the People's Republic of Bangladesh, r......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ..Category: Civil Law | Date: | Hits: 126
Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ......e learned Advocate-on-Record for the petitioner and Chowdhury Md. Zahangir, the learned Advocate-on-Record for the respondent and perused the judgment of the High Court Division and other connected papers on record. 5. The vital question for consideration in the case was whether payment of......n, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No.1357 of 2008. (From the Judgment and Order dated 1st June, 2008 passed by the High Court Division in Civil Order No.2080 of 2008.) ......any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ..Category: Family Law | Date: | Hits: 188
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......om the defendants' side no paper was filed to show that the land in suit was acquired and that compensation was paid to the claimant of the land i.e. plaintiff's father Ibrahim, that from the papers filed on behalf of the plaintiff it is seen that Dagonbhiiiyan Health Complex is in plot Nos...... Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Feni and anr………………………Petitioners Vs......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..Category: Property Law | Date: | Hits: 25
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....ffording the writ petitioners to put forward their case or, in other words, to establish they are the freedom fighters and suffered during war of liberation and at the relevant time the authority on due enquiry and verification of materials placed before it being sat......Division sought to be appealed call for no interference by this Division. Accordingly, petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 41. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Chairman, Bangladesh Freedom Fighters Welfare Trust and others......Petitioners Vs. Mominul Haque Bhuiyan and others....................R...... refused to pay the Honorarium/Rastrio Sammani Bhata paid earlier. 8. The High Court Division while making the Rule absolute has observed: "It appears that after examining all required documents of the petitioner and compliance of the required legal formalities as enshrined in Regula..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....wer appellate Court that the minors were not represented in the money suit, in execution decree whereof the land of the plaintiffs were put to auction, although plaintiffs' mother was alive at the relevant time but she was not made party in the money suit to represent the minors i.e. the plainti......the result of erroneous view of the materials on record, that the finding of the lower appellate Court as to the documents relating to auction sale, particularly sale certificate and other related papers i.e. Exhibits A, B, C not genuine is not based on due consideration of the materials on reco...... Appellate Division (Civil) Present: Md Ruhul Amin CJ MM Ruhul Amin J Md Abdul Matin J Daliluddin Sheikh and others.........................Petitioners Vs Alek Sheikh alias Abdul Malek Sheik...... Faizuddin. So even if the properties of Faizuddin would be sold in auction why it was purchased in the name of the wife of defendant No.1. Actually, the defendant No. 1 collusively created all the documents of alleged auction Exhibits ABC to grab the valuable suit property. The documents were c..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not Represented—Respondent Nos. 2-8. Civil Appeal No.150 of 2004. (From the judgment and order dated 5-5-2003 passed by the High Court Division in Civil Revision No. 2305 of 1997). ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ......al and valid reasonings. Therefore the judgment of the High Court Division is liable to be set aside for the ends of justice. 6. 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...... Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by the High Court Division in Civil Revision No. 4334 of 1998). ......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ..Category: Property Law | Date: | Hits: 20
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 45 of 2009. (From the judgment and order dated 17-11-2000 passed by the High Court Division in Criminal Appeal No.1495 of 1994. ......e vital evidence is Exhibit 5 and Exhibit 6. In Exhibit 5 signature of Md Nurul Amin signed is in full. On Exhibit 6 where the forgery was committed bearing initial. It appears that from those two documents that the signature of Nurul Amin on Exhibit 6 where the forgery is committed is not his s..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....obody turned up to raise objection in respect of inclusion of the case property in the list of abandoned buildings and the Court of Settlement also failed to apply his judicial mind to consider the relevant provisions of President's Order 16 of 1972 and Ordinance LIV of 1985. 3. The H......972 and Ordinance LIV of 1985. 3. The High Court Division after hearing made the Rule absolute. 4. We have heard the learned Counsel, the impugned judgment and order and the connected papers. 5. As it appears the High Court Division made the Rule absolute holding that in term...... Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High Court Division in Writ Petition No. 848(B) of 2002). ......ere is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 19. ..Category: Property Law | Date: | Hits: 29
Anti-Corruption CommiÂssion and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....ud Hossain, being fugitive from justice the writ petitions filed by him are not maintainable. I regret I cannot agree with the same and intend to deliver a dissenting judgment as under. 19. As the relevant fact is already stated in the main judgment I only reiterate such fact as is releÂvant for......t to suffer rigorous imprisonment for 1 (one) year more. The accused appellant was not at all aware of the trial, conviction and sentence before his arrest. He obtained certified copy of the relevant papers and filed an application under section 561A of the Code of Criminal Procedure in the High Cou......te Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption CommiÂssion and others……………Appellants Vs. Mahmud Hossain and others………………………â...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......he appeal and affirming the order No. 30 dated 20.7.2005 gassed by Senior Assistant Judge and Bicharak of the Election Tribunal Case No.06/2003 allowing the application for recounting of ballot papers on contest against the petitioner. 2. The respondent No. 1 filed Election Tribunal Case No......ivision (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Khalilur Rahman………………………………..Petitioner Vs. Md. Alam Bepari and Others……………………..Respondents Judgment May 20, 2008. Lawyers Involved: ......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..Category: Election Law | Date: | Hits: 159
Asmat Ali Vs. Alam Miah & others, 2006, 35 CLC (AD)
....ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ......s discharged as aforesaid. 5. We have heard Mr. Subhas Chandra Saha, the learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers. 6. It appears that previously the plaintiffs brought Title Suit No. 296 of 1956 in t...... Asmat Ali..........................Petitioner Vs. Alam Miah & others ..........Respondents Judgment November 5, 2006. Lawyers Involved: Subhas Chandra Saha, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petition......ect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 882. ..Category: Property Law | Date: | Hits: 24
Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)
....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......on of the aforesaid sole decree was liable to stayed till the disposal of Other Class Suit No.15 of 2004. 7. We have heard the learned Advocate for the petitioners and perused the connected papers including the impugned judgment. We do not find any force in the points raised. The High Co...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Miah Raja and others...........Petitioners Vs. Md. Ijab Uddin and others........Respondents ......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ..Category: Property Law | Date: | Hits: 22
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......un, the learned Advocate-on-Record for the petitioner and Mr. Md. Nawab Ali, the learned Advocate-on-Record for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 5. The trial court found that the money order containing the monthly rent was returned to......For respondent No. 1. Syed M. Rahman, Advocate-on-Record-For respondent No. 2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1087 of 2005. (From the judgment and order dated 09.04.2005 passed by the High Court Division in Civil Revision No. 2906 of 1999). ......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ..Category: Tenancy Law | Date: | Hits: 148
Professor Hamida Banu Vs. Vice-Chancellor, Chittagong University & others, 2007, 36 CLC (AD)
....to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ......d Advocate appearing with leave of the Court for the petitioner and Mr. Abdur Razzak, the learned Counsel for the respondent and perused the judgment of the High Court Division and other connected papers. 5. It appears that some posts of teachers in the Department of Geography have been l..........Respondents Judgment August 8, 2007. Case Referred to- Dr. Mohiuddin Farooque Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others, 49 DLR (AD) 1. Lawyers Involved: Dr. Shahdeen Malik, A......to the cost awarded by the High Court Division to be paid by the writ petitioner to the University Authority. Ed. This Case is also Reported in: V ADC (2008) 861. ..Category: Civil Law | Date: | Hits: 134
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....than 10 years ago they have electric connections from the Power Development Board, the P.D.B, in their pourashavas and they have been paying the electric bills regularly and that violating the relevant Rules the respondent No. 7, by the above memo dated 5.8.2000, is trying to hand over the p......irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Zakir Hossain and others ................Petitioners Vs. Secretary, Ministry of Power, Energy and ......irmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 858. ..Category: Civil Law | Date: | Hits: 119
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