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Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....e plaintiffs filed the present suit. In the ‘Kha’ schedule land of the plaint of the earlier suit under plot No. 371 of CS Khatian No. 4300 (Jha) area was shown as 94 Satangsha and the plaintiffs claimed that out of 94 Satangsha defendants purchased only 0090 Ajutangsha by several documents in t......uq, Senior Advocate (Nazrul Islam, Senior Advocate with him) instructed by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 pass......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......te, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the H......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......structed by Chowdhury Md. Zahangir, Advocate-on-Record— For the Petitioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the H......uestion. 3. The defendants contested the suit by filing a joint written statement stating, inter alia, that the plaintiff voluntarily executed and registered the deeds receiving the consideration money and she prescribed the deeds before District Registrar Dhaka and admitted execution of the dee..Category: Civil Law | Date: | Hits: 162
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
.... Wasir Ali, Modaris Ali and Abdul Bari are said to have purchased from the heirs of Yasin Ali are forged documents created by Yasin Ali, Modaris Ali and Wasir Ali in collusion with each other and the claim of the defendants about sale of the share of Wasir Ali to defendant Nos. 1 and 2 and the story......efendants suddenly started constructed a hut in a better portion of the suit land without making any amicable arrangement with the plaintiff, when they demanded upon the defendants in March 1964 for an amicable partition, which the defendants refused and hence the suit. 3. The defe......e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 76
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......he High Court Division in Criminal Appeal No. 680 of 1994 allowing the same upon setting aside the order of the Assistant Judge and Special Tribunal, Shariatpur Convicting the accused respondent for the offence punishable under section 19(A) of the Arms Act and sentencing him to suffer rig......on and the informant with his force arrived on the spot and the people handed over the accused respondent to the police along with the revolver and black reksin bag containing the said amount of money and other valuable articles therein. 3. The informant, arrested the accused respo..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....bsequently before the selection Board for empanelment waiving the previous empanelment for promotion to the post of General manager and being unsuccessful to be empanelled could not maintain his claim on the basis of lapse empanelment of 1998. 13. Admittedly the appellant was empan...... Judgment December 18, 2002. Cases Referred to- Madras City Wine Merchants' Association V. State of T. N. (1994) 5 SCC 509, Schmidt Vs. Secretary of State for Home Affairs. 1969 2 Chancery 149, Secretary, Ministry of Establishment Vs. Md. Jahangir Hossain......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..Category: Administrative Law | Date: | Hits: 130
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......ing, inter alia, that the Government of Bangladesh allotted 5 acres of land of Plot No. 14/4 of Mouza-Jhilwanja District-Cox's Bazar to the appellant company by letter dated 24th March, 1986 for the construction of a 5-Star Hotel. The Company was directed to deposit Tk. 3,53,335/- by letter......letter dated 24th March, 1986 for the construction of a 5-Star Hotel. The Company was directed to deposit Tk. 3,53,335/- by letter dated 24th April, 1986. Accordingly the Company deposited the entire money and a registered deed of lease dated 19.06.1986 was executed between the parties. The appellan..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....med to be correct until it is proved to be incorrect. Reference may be made in this regard to the case of Akbar Ali and others Vs. Zahiruddin Kari and others, 30 DLR (SC) 81. 12. The respondents claimed that settlement Khatians namely R.S and RS Khatians have been made in the name by Ramkumar......udge, Chittagong in Title Appeal No.149 of 1971 affirming those dated 5.5.1971 of the Munsif, Second Court, Patiya in Title Suit No.85 of 1959. 2. The appellants as the plaintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of poss......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....ation of title and recovery of khas possession on the self same ground of ownership. 3. The area of suit land is ½ decimal of land with a shop on the same and both the parties claim ownership over the same. Md. Safiullah, respondent no. 1 in both the appeals instituted Title ......h Court Division in Civil Revision Nos. 4183 and 4184 of 1996. Both the appeals were heard together and are disposed of by this judgment. 2. The petitioner as plaintiff in Civil Petition for Leave to Appeal No. 836 of 1998 instituted Title Suit No. 222 of 1992 in the Court of Senior Ass......t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 175
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......he Waqf Estate, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Nazar and other donations and also for a direction upon the respondent No. 5 (defendant No. 10 in the suit) to hand over cash and kind ......so challenging legality of inclusion of property in the 2nd schedule of the plaint as Waqf Property and that defendant Nos. 1 and 2(respondent Nos. 3 and 4 herein) have no right to receive money of Mazar Sharif. 5. The suit of the respondent Nos. 3 and 4 was dismissed and the suit ..Category: Property Law | Date: | Hits: 57
State Vs. Abul Kalam, 2006, 35 CLC (AD)
....y;dent namely, Abul Kalam, son of late Abdur Rahim of Village-Charlapang, Police Station-Nabinagar, District-Brahmonbaria arrested and to release him on bail to his satisfaction. Ed. ......hchu and that they requested him to visit the house of accused Abdur Rashid and proposed marriage of his sister-in-law with A. K. M. Amirul Alam and also gave a proposal to invest Tk. 3,00,000/- for manpower business and aforesaid A. K. M. Amirul Alam agreed and paid Tk. 55,000/- on 08.03....... he again went to the house of accused Abdur Rashid on 09.03.1993 at about 6 P.M. and after taking Iftar while he was sitting in the drawing room of accused Abdur Rashid, latter asked him to give the money but Amirul Alam was not willing to give the money and then while he tried to stand up for comi..Category: Criminal Law | Date: | Hits: 92
Enamul Haque Vs. The State, 2006, 35 CLC (AD)
....greement with the findings and decisions of the High Court Division. In the aforesaid premises this petition merits no consideration and accordingly it is dismissed. Ed. ......ly 20, 2002. Lawyers Involved: Sharif Uddin Chaklader, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 129 of 2001. (From the Judgment and Order dated 11 June, 2001 passed ...... Bazlul Haque, Enamul Haque and Shaheb Miah armed with Pistol, Dagger and Knife restrained the car and accused Lai Miah after delivering knife blow to the informant's brother Shuheb snatched away the money while informant tried to obstruct the accused persons terrorized him by showing pistol and tha..Category: Criminal Law | Date: | Hits: 81
Janata Bank Vs. Khalilur Rahman, 2006, 35 CLC (AD)
....ndamental Rule 29 we are of the view that the submission have no substance. We, therefore, do not like to interfere with the impugned judgment and order. The leave petition is dismissed. Ed. ......espondent was a Senior Principal Officer of the Bank who was prosecuted under Sections 409/477A/109 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) for alleged embezzlement of the money of the bank and for other offences in Special Case No. 08 of 1...... Officer of the Bank who was prosecuted under Sections 409/477A/109 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947) for alleged embezzlement of the money of the bank and for other offences in Special Case No. 08 of 1997 and that he was also proce..Category: Anti-Corruption Laws | Date: | Hits: 83
Shaw Wallace Bangladesh Ltd. Vs. Abdul Hakim and another, 2006, 35 CLC (AD)
....r Court, Chittagong allowing the case in part in Complaint Case no. 14 of 1993 whereby the second party appellant was directed to pay proportionate dues to the first party respondents on the basis of claim made by the first party in the schedule of is petition treating his service as of a permanent ............Respondent Judgment 28th July 2004 Lawyers Involved: Abdul Momen Chowdhury, Advocate (M. R. Hasan, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- for the Appellant. Abdus Sobhan, Senior Advocate, instructed by A. K. M. Shahidul...... or part thereof from 15th of April, 1971 till alleged termination of his service on 18th January, 1993. The appeal is accordingly allowed in part without any order as to costs. Ed ..Category: Labour and Industrial Law | Date: | Hits: 130
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....las alleged to have been granted by Amir Ali the predecessor of the plaintiff respondents could not be proved by the defendants witnesses themselves i. e. DWs. 1 and 2 and as such the defendants claim of title or possession in the suit land has got no leg to stand. Placing the judgment of the H......n the defendant appellants preferred this appeal. 2. The facts, in short, are that the plaintiff respondents filed Title Suit No. 175 of 1985 in the Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the su......to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 57
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....s heirs created some documents in respect of the suit land and have been trying to interfere with the possession of the plaintiffs. 3. The respondents contested the suit denying the said claim of the plaintiffs. Their case briefly is that Chand Mia was the sole owner of the disputed lan...... Judgment 20 November 2001. The Specific Relief Act, 1877 (I of 1877), Section 54 Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force except in d......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....the city of Dhaka. Being aggrieved by the said cancellation of the agreement the appellant in terms of the aforesaid agreement referred the matter of cancellation to the Additional Chief Engineer and claimed an amount of Tk. SO(thirty) Core and odd as compensation on the ground that after conclusion...... delivered by the sole Arbitrator Mr. Justice Sultan Hossain Khan making the same a rule of the Court to be without jurisdiction and a nullity in the eye of law. 2. Facts relevant for disposal of the appeal, inter alia, are that the Government of the People's Republic of Bang...... the order having been cut off. Syed Ishtiaq Ahmed submits that in the present case no application was filed within 30 days from the date of receipt of the notice of the award and the statutory award money was not deposited as provided under the law but the High Court Division overlook these legal o..Category: Alternative Dispute Resolution | Date: | Hits: 229
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....o. 133 on the basis of the decretal cost of the aforesaid Civil Suit and decree execution case the plaintiff got 63 decimals and 22 decimals in total 85 decimals of land but they abandoned their claim of 85 decimals of land and got from Serajul Haque Muktair 1.26 acres of land from Khatian No. ......nt Syed J. R. Mudassir Husain J: - This appeal is from the leave granted by this Division in civil petition for leave to Appeal No. 654 of 1999 filed against the judgment and order dated 8.3.1999 passed by th......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....ompensation at the rate of 20% thereon, in total for a sum of Tk.5,77,500/- and interest and costs at the rate of 20% per annum till realization. The defendant in its written statement made a counter-claim of Tk.20,31,872/-against the plaintiff with 20% interest per annum till relisation. The learne...... No.3. Dhaka, in Money Suit No. 132 of 1991 who dismissed the suit and the cross objection of the defendant appellant. 2. The facts, in short, are that the plaintiff respondent filed the aforesaid Money Suit for refund of Tk.4.81,250/-paid to the defendant-petitioner for the price of cer......desh Observer for sale of 22 truck chassis on "as is where is' basis. The plaintiff submitted a tender on 22.10.1986 for Tk.93,50,000/- enclosing a pay order of Tk.2,47,500/- as earnest money adding a few conditions of its own By letter dated 17.11,1986 the defendant accepted the tende..Category: Business or Commercial Law | Date: | Hits: 108
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....o maintainability of the suit. 10. We have perused the record of the suits and find that the Other Suit No. 124 of 1982 was for recovery of possession in respect of the two-storied building claiming title thereto and it may be mentioned that previously Other Suit No. 131 of 1982 was filed......al No. 45 of 1993 and Civil Appeal No. 86 of 1997. Since both the Review Petitions are between the same parties involving substantially the same facts and points of law, the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
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