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Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
....ts on consideration of evidence adduced on behalf of both the parties found that the owner of the suit-land was Osman Miah and not Osman Gani. This finding of the Appellate Court, he submits, was not properly reversed by the High Court Division, rather, the High Court Division exceeded its revisiona...... Surendra Kumar Sinha J Mayeen Uddin Ahamad being dead his legal heirs 1(Ka). Nargis Jakil others…....Petitioners Vs. Abdur Rashid Sk. being dead his heirs Zamina Khatun and others......Respondents Judgment February 16, 2010. Lawyers Involved: ...... Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mayeen Uddin Ahamad being dead his legal heirs 1(Ka). Nargis Jakil others…....Petitioners Vs. Abdur Rashid Sk. being de..Category: Property Law | Date: | Hits: 21
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....trial Court as well as lower appellate Court and also considering evidence on record held that the lower appellate Court after discussing the evidence both oral and documentary, elaborately and after proper assessment of evidence on record came to the finding that the plaintiff had been able to prov...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Elahi Mondal……………….......Petitioner Vs. Juran Mondal and others…………....Respondents Judgment August 23, 2009. Lawyers Involve......affirming the concurrent finding of facts passed by the courts below observing that there is no reason to interÂfere with the judgment and decree passed by the court of appeal below as there is no illegality in the said Judgment and order. 6. Thereafter the petitioner being aggrieved by the ..Category: Property Law | Date: | Hits: 20
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......CJ Md. Abdul Matin J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and others…………. Petitioners Vs. Md. Abdul Kayum Miah............ Respondent ......d on the basis of the said report, the administrator was appointed. The election of the Faridpur District Minibus Malik Group is scheduled to be held on 25th January, 2010. The writ petiÂtion is not legally maintainable and rule nisi is liable to be discharged. 4. The learned Judges of the H..Category: Constitutional Law | Date: | Hits: 107
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
....rule. 2. The short fact is that the petitioners filed the aforesaid writ petition and obtained rule Nisi calling upon the respondents to show cause why the order dated 6.7.2008 attachÂing the property of the petitioners by the Artha Rin Adalat and the proceeding of the execution proceeding i......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and othÂers ..........Responde......grieved filed this civil petition for leave to appeal. 5. Mr. Rafiqul Islam Miah, the learned Counsel for the petitioners submits that the learned Judges of the High Court Division committed illegality in failing to take into consideration that respondent Bank on 20.6.2008 filed an applicatio..Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....but now they have collected the necessary papers and filed an application for amendment of the plaint which may be allowed by the Appellate Division and the case be sent on remand for fresh trial for proper adjudication. 9. It appears that the courts below considÂered the evidence of D.W.2 M......010) 295. ......5 of 1997 impleading the opposite parties as defendants praying for declaration that the preliminary decree dated 24.9.1992 and the final decree dated 31.5.1994 passed in Other Suit No.5 of 1988 is illegal, collusive, fraudulent not binding upon the plaintiffs. 3. The plaintiff’s case, in s..Category: Property Law | Date: | Hits: 35
Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)
....n order to execute the said decree, the decree-holder bank instituted Artha Rin Adalat Mortgage Execution Case No.87 of 2004 for realization of a sum of Taka 21,52,387/-. The price of the mortÂgaged property was assessed at Taka 8,75,000/-. In order to sell the mortgaged property in auction, notice...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Jalaluddin Ahmed and others...................Petitioners Vs. Md. Selim Hossain and others................... the way if they file a fresh suit, for recovery of the suit property. This leave petition is disÂmissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ..Category: Property Law | Date: | Hits: 28
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....plainÂtiffs and the defendants; that Bilat Ali Mondal married seven times, who died leaving behind his last wife Fakimon Bibi, the mother of the plaintiffs; that before his death he transferred some properties measuring 1.23 acres of land on 12.01.1961 in favour of the mother of the plaintiffs in l......ent here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Sher Mohammad being dead his heir Most Tara Bibi and others..........Petitioners Vs. Md. Munsur Ali and others ........................Responde......udge, Gomestapur, Nawabgonj for declaration that the Heba-Bil-Ewaz deed dated 13.1.1974 allegedly given by the predecessor of the plaintiffs in favour of the defendant Nos.1-6 is forged, collusive, illegal and created by false personification and as such the same is ineffective and not binding upon ..Category: Property Law | Date: | Hits: 51
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....% acres from his sister Zinnatunnessa. The Pre-emptee-petitioner in the above stated way became owner and possessor in respect of .21215 acres of land. The Pre-emptee-Petitioner sold out .17 acres of property by two sale deeds and he remained owner and possessor in respect of. 21215 acres of land as......ahman J BK Das J Md. Muzammel Hossain J Abdul Gafur.....................Petitioner (In both the petitions) Vs. Pre-emptor No.1-Md. Nuru Miah being dead his heirs: Md. Muklesur Rahman and others...........Respondents (In both the petiÂtions) Order August 23, 2009. Lawyers......eed dated 17.04.1926, share of Yukub Ali in the Case holding and materiÂals on record but the learned Single Judge of High Court Division totally misdirected himself in his approach in resolving the legal battle involved in Pre-emption cases and committed a substantial error in holdÂing that pre-e..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....een possessing thereon. The defendant denied the plaintiffs title and claimed that the plaintiff did not acquire any title on the basis of certificate sale and he was not given possession of the suit property. 5. The trial Court on consideration of the evidence on record held that the sale wa......ted in: VII ADC (2010) 271. ...... 3rd June, 2001 made the rule absolute and set aside those of the Courts below and dismissed the suit. 7. It was urged on behalf of the plaintiff-appellant that the High Court Division acted illegally in interfering with the conÂcurrent findings of fact arrived at by the Courts below that th..Category: Property Law | Date: | Hits: 20
....self so that neither the police can abuse the power given to it by the law nor the Magistrate can exercise such power without applying judicial mind. So, he has made a prayer to this Court to suggest proper measures and safeguards so that the powers as given under sections 54 and 167 of the Code can......3.
...................(23)
It is beyond understand how a police officer or a magistrate allowing 'remand’ can act in violation of the Constitution and provisions of other laws including this Code and can legalise the practice of 'remand'……………………………………..(23)
The very system..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....low the law, the evidence and material on record but in the present case, the learned Session Judge deviated from the principle as laid down. We are of the view that the High Court Division on proper consideration of the materiÂals on record arrived at a correct decision and there is no ille......(Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J State.....................Petitioner Vs. Shahin and others...... ............Respondent Judgment April 27, 2009. Cases Referre......e deviated from the principle as laid down. We are of the view that the High Court Division on proper consideration of the materiÂals on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition ..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....oceeding of Exchange Case No.35/69-70 stated on 24-7-1969 for forÂfeiting the land of the appellants for the purÂpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always with the appellants and was never taken over by Additional Deputy Co....... ......First Appeal Nos.108 and 203 of 1995 and the High Court Division after hearing disÂmissed both the appeals holding, inter alia, that Additional Deputy Commissioner (Revenue), Dhaka was competent and legally authorized to execute and register the deed of exchange (settlement) and it is not necessary..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....ehalf of the appellants that the learned Judge of the High Court Division erred in law in interfering with the concurrent findings of the Courts below in failing to consider that the Court below on a proper appreciation of the evidence on record have arrived at the finding that the defendant Nos. 1-....... Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......as urged on behalf of the respondents that the learned Judge of the High Court Division is perÂfectly justified in interfering with the judgments of Courts below, inasmuch as, the Courts below had illegally disbelieved the title of the defendant Nos. 1-8 and 12, in failing to consider that the SA k..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....iny for his wealth statement having suspected the statement as not true, made a thorough enquiry and it was said that he had concealed his wealth and submitted a falls return and that he had acquired property worth Taka 2 crore and odd by corrupt means. Accordingly an officer of the ComÂmission lod......ision (Criminal) Present: Md. Fazlul Karim CJ MA Matin J ABM Khairul Haque J SK Sinha J Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4).........Appellant Vs. State and another…………………Respondents Judgment April 4, 2010. The Code of Criminal Pr......rrence took place long before coming into force of the said Ain and institution of the case for alleged offences committed prior to coining of the aforesaid Ain with retrospective effect is totally illegal and without jurisdiction. In this connection learned Counsel have referred certain provisions ..Category: Anti-Corruption Laws | Date: | Hits: 195
....of limÂitation and any order passed in the appeal shall be final. If the appellant has got any grievance against the allotment, he could have preferred an appeal but without seekÂing redress to the proper authority in accordance with law moved the writ petiÂtion challenging the allotment. Without......azzul Islam CJ
Md. Abdul Matin J
ABM Khairul Haque J
Surendra Kumar Sinha J
A.B.M. Asgar………………………………Appellant
Vs.
The Administrator and the Chairman of the Allotment Committee, Dhaka and others………………….......Respondents......y the field survey committee on priority basis and allotted 18 shop rooms out of 140 shop rooms in the ground floor and 6 of rooms in the 1st floor to outsiders who are not affected shop keepers by illegal and corrupt consideration. As a result, the appellant and other affected shop keepers have bee..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....olding that the evidence regarding the possession and dispossession adduced by the plaintiffs are more stronger than those of the defendant, in failing to consider that the Court of Appeal below on a proper appreciation of the evidence on record found the defendant's possession which finding being b......Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Md. Sona Ullah being dead his legal heirs: Md. Akbar Ali and others…………………Petitioners Vs. Most. Morium Bewa and others………â€......237. ..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....ction in question is not an out and out sale but it is a mortgage and therefore, the case land is not legally preÂ-emptible. The learned counsel further argued that the Court of appeal below without properly appreciating the eviÂdence of the parties reversed the findings of the trial Court and the......il) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J SK Sinha J Mohammad Mujibul Hoque ......Petitioner Vs. Shamsul Alam and others……..Respondents Judgment January 5, 2010. Lawyers Involved: ......Âtaining the judgment and order of the lower appellate Court in failing to notice that the transaction in question is not an out and out sale but it is a mortgage and therefore, the case land is not legally preÂ-emptible. The learned counsel further argued that the Court of appeal below without pr..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....into an agreement to purÂchase a shop which was under construcÂtion and in view of his failure to pay the installments the landlord having cancelled his allotment and the plaintiff having not filed proper suit the High Court Division erred in affirming the order of mandatory injunction in favour o......rted in: VII (ADC) (2010) 223. ...... facts of the case, in short, are that the respondent No.1 as the plaintiff on 30.07.2005 instituted Other Class Suit No. 191 of 2005 against the defendant No.1 and 2 for a declaration that he is the legal allottee of the Shop No. 19 of the Younusco City Center and the defendants have no right to ca..Category: Property Law | Date: | Hits: 20
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....ther Class Suit No.96 of 1996 in the 1st Court of Sub-Ordinate Judge, Chittagong praying for declaration that the plaintiff respondent Nos. 1-6 have acquired a title by adverse possession in the suit property and also prayed for confirmation of their possession and the respondents also prayed for ot......Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and oth......etitioner appeared in the suit and filed a petition under order 7 rule 11 of the Civil Procedure Code for rejecting the plaint contending, inter alia, that the plaintiffs/respondent Nos. 1 to 6 being legal heirs of temporary monthly co-tenant late Md. Yousuf and respondent Nos. 28-35 legal heirs of ..Category: Tenancy Law | Date: | Hits: 185
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
....compaÂny in the Annual General Meeting held in all subsequent years and hence can not be a director  of the  company  (but  due  to bona fide mistake the said fact could not be placed properly). 8. Inspite of the fact that the petitioner resigned from the Board of Directors of...... Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Respondents (In Civil Petition No. 540 of 2009) Judgment Apri......ction 2 of the Artha Rin Ain, 2003 (shortly, the Ain) also includes a guarantor. Thus, it is clear that the legislature included the guarantor within the definition of loanee and so the CIB report is legal. The writ petition is misÂconceived and the rule is liable to be disÂcharged. 10. The..Category: Business or Commercial Law | Date: | Hits: 216
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