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Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....e that this petitioner filed a suit being the Partition Suit No.25 of 1999 in the Court of Joint District Judge, Patiya, against the respondent Nos.1 to 8, praying for a decree for partition of the property mentioned in the schedule to the plaint. 4. The case of the plaintiff, in brief, are tha......ate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Saleh Ahmed…………..................Petitioners Vs. Sreemati Rani Prava Mitra and others…………......Respondents Judgment January 26, 2010. Lawyers Involved: Abd......aring on behalf of the petitioner, submits that Moni Bala became owner of the suit properties from Nalini and Jogendra by registered deeds of sale but the Courts below without any cogent reasons, illegally held that those transactions were not acted upon which was also erroneously affirmed by th..Category: Limitation Law | Date: | Hits: 181
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
....pport of his claim as contiguous owner. The Courts below have concurrently found that the petitioner is not a tenant holding lands contiguous to the lands transferred and this finding is based on proper appreciation of the evidence on record. In view of the above, the learned Judge of the High C......late Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J SK Sinha J Golam Mostafa Bhuiyan…………....Petitioner Vs. Abu Taher and others……………Respondents Judgment August 18, 2009. Lawyers Involved......d within a space of 15 days with a view to defeat the right of preemption. 3. The respondent No.1 contested the case by filing a written objection. His case is that the preemption case is not legally maintainable, inasmuch as, the deeds in question being deeds of exchange, the lands covered ..Category: Property Law | Date: | Hits: 33
Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)
....ight and possession of the plaintiffs in the suit land, the High Court Division committed an error in dismissing the suit without reversing the finding of the court below and thus the same is not a proper judgment of reversal". The security of Tk.1000/- is to be deposited within one month. ......VII ADC (2010) 397. ......the rules. The operation of the impugned judgment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ..Category: Property Law | Date: | Hits: 25
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....oner's mother was actually made by a competent authority in accordance with the provision of section 117(1)(c) of the State Acquisition and Tenancy Act and the payment of rents in separate jama was proper, that as to whether the appellant's mother ceased to be a co-sharer, secondly, as to whether ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Muhammad Ali ....................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: ......-sharers but mutated her name only in order to deposit the ground rent to the revenue authority in respect of her purchased land, rather, this mutation and the alleged separation of jama was made illegally and has got no relevance in a pre-emption proceeding. When confronting with the admission ..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....foresaid ex-parte decree and by an order dated 27.3.1975 the operation of the ex parte decree was stayed but the appellant in spite of the aforesaid order of stay, evicted the defendant from the suit property. Thereafter, on the application of the defendant, the Court by its order dated 30.8.1980, d...... Present: Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Walilullah being dead his heirs: Hassan Jahid (Babu) and others ...........Appellants Vs. Hasina Begum and others………........Responden......d C properties and consequently the defendant Md. Sekander Ali was evicted therefrom in execution of the decree and since the decree recorded in Title Suit No.261 of 1968 stood set aside, the legal heirs of the deceased defendant are entitled to restitution of possession in respect of A, B..Category: Civil Law | Date: | Hits: 105
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......adesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka represented by its Managing Director …...........Respondent
Judgment
March 1, 2010.
Cases Referred To-
Nand Ram Vs. Fakir Chand reported in ILR 7(1885) All 523; Hindustan Petroleum Corporation Limited Vs.......r the amount of Tk. 4,88,72,217.43/- and also allowed the counter claim of the respondent for Tk. 57,26,92,897.67/-against the petitioner.
12. The present respondent, as petitioner, challenged the legality and propriety of the award given by the majority of the arbitrators and filed an Arbitratio..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ...... Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Malek Hussain Pir.................Appellant Vs. Begum Nurjahan Khanum and others...................Respondents Judgment August 12, 2009. Lawyers Involved: Man......t, such sanction shall be deemed to have duly been accorded. He finally submitted that the High Court Division committed an error of law in holding that the learned Special Judge did not commit any illegality in not taking cognizance against the accused public servant after the expiry of 60 days fro..Category: Criminal Law | Date: | Hits: 46
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....land has not been affected by the provision of President's Order No. 137 of 1972 and this suit is barred by sub-section (3) of section 87. 7. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illega...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Banglades...... in: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
....se and the respondent bank filed Money Execution Case No. 38 of 1995, which was renumbered as Money Execution Case No. 41 of 2004, for satisfaction of the decree, if required by sale of the scheduled property through auction. The decree holder bank, having taken step for auction sale of the property...... Karim J
Md. Joynul Abedin J
Shah Abu Nayeem Mominur Rahman J
Provat Kumar Das..............Petitioner
Vs.
Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another........Respondents
Judgment
April 26, 2009.
Lawyers Involved:
...... the Ain, 2003 by the respondent No.2 before passing the impugned order of civil imprisonment is wholly untenable.
So, in any view of the matter, the learned Judge of the Adalat committed no illegality in passing the impugned order of civil imprisonment rather, it appears to us that the impug..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....d by the Chief Whip and the Deputy Leader of the opposition in their letters to the Speaker. The Speaker instead of deciding, that the two members have not resigned from the party should have, more properly, referred the matter to the Election Commission to investigate and decide. It is not at all......86; Bradlaugh Vs. Gossett 1884 (12) QBD 271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney General wi......ngladesh Election Commission, under Article 66(4) of the Constitution, to hear and determine the dispute according to Act No. 1 of 1981, which he is bound by law to do, shall not be declared as illegal and without lawful authority. 2. The principal question, which this petition under Article ..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... terms and conditions of the Project Proforma, Appointment letters and recommendation of the respondent No.2. 2. The petitioner’s case in short is that Narcotics Control Department to ensure proper and quick trial of drug cases needs a chemical laboratory. Thereafter the government initiate......ent: Mir Hashmat Ali J Md. Nuruzzaman J Md. Shafiqul Islam Talukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Banglades......S from 31.05.2003 as per the latest Government circular regarding no extension of the post of MLSS of the based “No work No pay”. So after termination the petitioners are not entitled to have any legal claims to the post of the MLSS of the Chemical Laboratory in question. 9. Its further s..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....erforming an administrative function in referring the dispute to the Election Commission. It has been clearly held in the case of Fazlul Chowdhury Vs. Muhammad Abdul Haque, PLD 1963 SC 486, that in a proper case the Speaker might be Directed by the higher Court to make a reference where he has refus...... Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament Secretariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
.... The prosecution case, in short, are that there had been a continuous enmity between the informant party and the F.I.R named accused persons including the convict appellant number 1 over the landed property since long; that on 28.10.2003 at about 11 A.M. the brother-in-law, namely, Md. Kamrul Isla......uhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J The State............Petitioner (In all the petitions) Vs. Akter Hossain @ Khokan and another……..Respondents (In Criminal Petition No. 262 of 2009) Yusuf Howlader @ Mizanu......nse examined 12 witnesses. 6. Mr. Nazrul Islam Talukder, the learned Deputy Attorney General appearing for the petitioners in all the petitions submits that the High Court Division committed illegality in rejecting the death reference and allowing the said two appeals. He then submits that oc..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....le in their respect and on the other had, conviction and sentence of accused Elas Bepari @ Aklas is sustainable in law." It appears that the findings of the High Court Division is based on proper appreciation and evidence on record and call for no interference by this Court. Ac......Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J The State……………...Petitioner Vs. Md. Shahid Bepari @ Shahidullah and others…………....Respondents Judgment November 23, 2009. Result:.......30 hours alleging, inter alia, that on 20.05.1998 at 10.00 A.M. 49 accused person including the accused appellants being armed with pipegun, ramdao, holong kirish, rod etc. came by a trawler and illegally entered into the house of Mofiz and accused Elas Bepari dealt holonga blow on the right ches..Category: Criminal Law | Date: | Hits: 294
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....ion is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......ppellate Division (Criminal) Present: Md. Fazlul Karim CJ BK Das J ABM Khairul Haque J State ........Petitioners Vs. A Haque alias Abdul Hoque and others…...........Respondent Order February 24, 2010. Lawyers Involved: ...... will be slow in granting consequential relief under section 498 on an application for anticipatory bail. The reasons of the respondents-petitioners for anticipatory bail are misconceived and have no legal footing. 7. In that view of the case, this leave petition is disposed of and Crimin..Category: Others | Date: | Hits: 61
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
....hout any objection from any quarter and has been paying rents to the Government; but in the middle of March, 1997 some people from the local forest office, Faikbandha, claimed the suit land to be the property of Forest Department on production of copy of the gazette notification dated 18.11.1961, co......) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respond......nferred by Section 29 of the Forest Act, 1927 gazetted on 30.11.1961 and that the alleged sale deed of the petitioner is a forged and antidated document and the purchase of the suit land in 1968 is illegal prima-facie in view of notification dated 18.11.1961 gazetted on 30.11.1961. 4. The Hig..Category: Property Law | Date: | Hits: 21
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
.... the Ministry of Lands with the help of Government's officer collusively. The record of right in favour of government is absolutely wrong and collusive and the defendant No.4 can not claim the suit property on the basis of alleged settlement and the defendant No. 1 has no right, title and intere...... Appellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others………......lhet for a declarations that the first schedule land is acquired land of the plaintiff and that the settlement in respect of second schedule land in favour of defendant No. 4 by defendant No.1 is illegal, void and collusive. 3. The case of the plaintiff, in short, is that the suit lands alo..Category: Property Law | Date: | Hits: 25
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
.....1990 with an agreement of reconveyance executed and registered on the same day. The time of reconveyance was 3 months. But the defendant did neither hand over physical possession of the said property nor returned the money to the plaintiff as per agreement dated 29.3.1990 in spite of repeat......ecord-For the Petitioner. Shamsuddin Bulbul, Advocate, Ibrahim Khalil, Advocate-on- Record-For Respondent. Civil Petition for Leave to Appeal No. 1797 of 2009. (From the judgment and order dated 18.3.2009 passed by the High Court Division in Civil Revision No. 1786 of 1999.) ......r hand over physical possession of the said property nor returned the money to the plaintiff as per agreement dated 29.3.1990 in spite of repeated requests of the plaintiff. So the plaintiff issued a legal notice to the defendant on 6.3.93 stating all the facts and circumstances and the plaintiff al..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....tioner-submits that the learned Single Judge of the High Court Division erred in law in making the rule in Civil Revision No.5771 of 2001 absolute in failing to consider the materials on record in proper perspective and thus failed to appreciate the legal aspect of the case. He further submits th....... Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdus Subhan ...............................Petitioner Vs. Md. Khademul and others………….......Respondents Judgment February 14, 2010. Lawyers In......e High Court Division erred in law in making the rule in Civil Revision No.5771 of 2001 absolute in failing to consider the materials on record in proper perspective and thus failed to appreciate the legal aspect of the case. He further submits that the learned Single Judge of the High Court Divisio..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....rade Marks Registry, Dhaka under application No.1713, 1723, 1733 and 1734, in class-30 in the year 1973. The applications were duly advertised in the Journal. As there was none to oppose the right of property involved in the mark, here was no opposition from any quarter and eventually the trade mark...... Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another .........Respondents Judgment July 16, 2009. Lawyers Involved: Rokouddin Ma......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ..Category: Intellectual Property Law | Date: | Hits: 273
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