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....roceeding of Exchange Case No. 35/69-70 started on 24.07.1969 for forfeiting the land of the appellants for the purpose 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......(ADC) (2010) 113; 7 LG (AD) 2010, 5.
......ed First Appeal Nos.108 and 203 of 1995 and the High Court Division after hearing dismissed 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 necessar..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....hable from the facts and circumstances of the case, the High Court Division erred in law in passing the impugned judgment in quashing the proceedings and making the rule absolute. 9. In order to properly appreciate the aforesaid submissions of the learned Attorney General it is advisable to set......e…………………Petitioner Vs. Mirza Abbas……………..Respondent Judgment November 23, 2009. Result: The petition is dismissed. Cases Referred To- Mst. Mumtaz Begum and others Vs. The State 1968 PCrLJ 97; Muhammad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers I......king action under this code that some person whether known or unknown, has committed an offence, but it does not include the report of a police officer." (The underlining is for emphasis). 11. The legal position as deduced from the above discussions is that in case of any contravention of any pro..Category: Fiscal/Taxation Law | Date: | Hits: 75
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
.... make payment of the installments within time and prior to any default in the payment of two successive installments, as per the privileges allowed, filed the suit, which, therefore, is improper as well as against the principle of natural justice and bad in the eye of law. 6. Con......Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed by the High Court Division in Writ Petition No.4219 of 2005.) ......ition No. 4219 of 2005 praying for a declaration that the continuation of Artha Rin Suit No. 73 of 2004, pending before the Artha Rin Adalat, Cox's Bazar, is without lawful authority and of no legal effect relying on the aforesaid grounds and that the High Court Division issued a Rule t..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....order dated 05.06.2008 passed by the High Court Division in Writ Petition No.3418 of 2008 rejecting the application for vacating the order of stay. 2. The facts of the case, in short, are that the property in C.S. Plot No.65 is the Debattar property created by Roy Bahadur Karuna Das Bose by a reg...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Fazle Elahi Sharfuzzaman…………………………….Petitioner Vs. Surujit Bose (Raju) and others………………......Respondents Judgment March 3, 2009. Lawyers Involved: ......increase in the cost of maintenance of the Bigraha but on request the petitioner has been receiving the rent of TK.2000.00 per month till 2005 and from 2005 respondent No.7 did not pay any rent and illegally possessing the case land but respondent No.7 assured to pay the dues of rent but did not pay..Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....failing to appreciate that the lower appellate court being the last court of fact its finding on title and possession was required to be upset by the High Court Division by adverting to and on proper discussion of the material evidence on point which was not done and as such there has been ......I ADC (2009)1006. ......ly deposed about Rent Execution Case No.1278 of 1941 and produced papers as exhibit No.9 which was taken back on 27.3.1976 vide order no.38 of the lower appellate court and as such committed illegality in the decision. He further submits that the High Court Division failed to consider and ap..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....d against the judgment and order dated 28.03.2007 passed by a Single Bench of the High Court Division in Civil Revision No.1406 of 2000 making the Rule absolute. 2. The short fact is that the suit property in Dag Nos.701, 700. 973 and 400 corresponding to Khatian Nos. 127, 222, 307, 308, 309, 3......rted in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......operty should not be treated as enemy property. The High Court Division also erred in failing to hold that as the defendant No.1 did not leave the country before 1965 the suit property could not be legally held to be an enemy property, particularly when it was not the case of the Government th..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....favour of the petitioners. The authority concerned (Land) received lease money and huge amount of compensation money vide D.C.R. No.090451452 dated 22.11.2004 from year to year from the petitioners properly and recorded as possessors of the shrimp khas land. On 19.07.2004 the petitioners app......C (2009) 1000. ......he Government totally ignoring this aspects by not giving to lease out particularly to genuine shrimp cultivator as a highest bidder as per Government Nitimala and thus suffer from a patent illegality, legal infirmity and flagrant error of law warranting interference by this Court. ..Category: Property Law | Date: | Hits: 88
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
.... .18 acre of land left by her husband Mohammad Mia and the plaintiffs 1-4 inherited the remaining .15½ acres of land left by Mohammad Mia. The plaintiffs are in possession of their share in the suit property. Since the suit property has not been partitioned by metes and bounds among the co-sharers,...... Reported in:62 DLR (AD) (2010) 239. ......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....tion for bail pending hearing of the writ petition. The application was opposed by the learned Counsel appearing for the petitioner on the ground that the writ petitioner did not surrender before the proper court and prayed for a direction upon the writ petitioner to surrender before the Chief Metro...... Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Anti-Corruption Commission……………………………………………… Petitioner. Vs. Dr. HBM Iqbal Alamgir and others……………Respondents. Judgment January 18, 2010. Result: The writ petit......mited to judicial and quasi-judicial bodies, as such, this jurisdiction can be used in the narrow sense to declare as to whether the act done or proceeding taken is without lawful authority and is of legal effect or not. In exercising this power of judicial review the court does not assume the funct..Category: Anti-Corruption Laws | Date: | Hits: 211
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
....disposing of the Rule directing the learned Judge of the Artha Rin Adalat No.1, Dhaka for passing necessary orders for setting aside the auction sale and for holding fresh auction of the mortgaged properties provided the petitioners pay the respondent No.3, the auction purchaser, interest at the......J Md. Abdul Matin J M/s International Trade Promotors…………………......Petitioners Vs. The Judge, Artha Rin Adalat No. 1 Dhaka and others………..Respondents Judgment July 2, 2008. Lawyers ...... 4. 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 illegality or infirmity in the above decision so as to call for any interference. The petition..Category: Civil Law | Date: | Hits: 191
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ......Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J M/S. Madina Trading Corporation…....................Petitioner Vs. The Commissioner of Customs and another….....Respondents Judgment June 10, 2008. Lawyers Involved: ...... duty, has acted pursuant to such decision opinion and published notification and thus the parliament has abdicated its planner function under Article 83 and as such, the supplementary duty is not legal levy; that NBR forms opinion and pick and choose item and takes decision to levy supplementar..Category: Fiscal/Taxation Law | Date: | Hits: 112
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.....11.1980 leaving two sons viz. defendant No.5 and plaintiff No.1, two daughters viz. Nos. 3 and 4 and the wife plaintiff No. 2; During lifetime of Badruzzaman defendant No. 5 looked after the suit property. After death of Badruzzaman plaintiff Nos. 3 and 4 asked for partition of the suit land to......7 BLT (AD) (2009) 228. ......ners and pro forma respondent Nos. 4-9 for declaration that two registered deeds of gift Nos. 1002 dated 02.02.1971 and 5371 dated 29.04.1978 in favour of the defendant Nos. 1-4 (petitioners) are illegal, fraudulent, not acted upon and the plaintiffs are not bound by those deeds. 3. The pl..Category: Property Law | Date: | Hits: 92
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......llate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Joynul Karim & others……………..Petitioners Vs. The State and another……………….Respondents Judgment March 22, 2009. Result: The petition ......s again deposited in the bank for encashment and the same was returned with the endorsement "not arranged for and refer to drawer." In such circumstances the complainant petitioner caused issuance of legal notice under registered post demanding payment against the cheque but the accused persons avoi..Category: Criminal Law | Date: | Hits: 163
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....sion and also those of the Courts below. 5. An ex parte decree can be set aside under Rule 13 Order 9 of the Code of Civil Procedure if it is found that the notice upon the defendant was not properly served. But in the instant case, it appears that the summons was duly served in the office...... Md. Abdul Matin J Md. Abdul Aziz J Chairman, Mymensingh Pourashava, Mymensingh………………....Petitioner Vs. Kasimonnessa Bewa and others……………………......Respondents J......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ..Category: Procedural Law | Date: | Hits: 143
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ...... Md. Abdul Matin J Md. Abdul Aziz J Md. Nazrul Islam…………………………..Appellant Vs. Monzurul Islam Liton and others…......Respondents Judgment April 17, 2009. Cases Referred T......e circumstances the Standing Committee recommended for the Second bidder i.e. Banna Enterprise, Bammandanga Gaibandha and as such the impugned letter dated 10.11.2002 has been issued which is not illegal, arbitrary and malafide. 4. Being aggrived by and dissatisfied thereby the respondent..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......) 190, VIII ADC (2011) 307.......5 making the Rule absolute without any order as to costs declaring the order dated 17.03.2005 terminating the service of the respondent as Deputy Registrar of the National University, Gazipur to be illegal and of no legal authority and further directing the National University to reinstate the respo..Category: Employment/Service Law | Date: | Hits: 118
Mozibur Rahman Vs. Al-haj Nazrul Karim and others, 2009, 38 CLC (AD)
....any eventuality. We do not find any cause to interfere with the impugned order. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 189. ......in J Shah Abu Nayeem Mominur Rahman J Mozibur Rahman………………………….....Petitioner Vs. Al-haj Nazrul Karim and others…….....Respondents Judgment April 16, 2009. Lawyers Inv...... in writing before the trial Court about the fact that learned engaged Advocate for defendant Nos.1 and 2 agreed to the passing of the status quo order on both sides, the defendant Nos. 1 and 2 had legal scope to deny the said fact afterwards. The learned District Judge correctly observed that t..Category: Civil Law | Date: | Hits: 106
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....sion made by the learned Deputy Attorney General having touched the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Criminal Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we ......his Case is also Reported in: ......ncluding the Supreme Court before commencement, stand void and be of no effect." 14. He also referred to Indemnity Ordinance of 1975 being Ordinance No. LX of 1975 where Restriction of taking any legal or other proceedings against persons in respect of certain acts and things were brought in and..Category: Criminal Law | Date: | Hits: 101
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
....outstanding dues from the plaintiffs, of which the leave petitioner hereof is the plaintiff No.1 in the suit, amounting to Tk. 2,89,81,635.51/- as of 30.04.2003, through sale of the mortgaged property and that the suit is being contested and that during the recording of deposition of P.W.1 ......bsp; Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. United Leather International….........Petitioner Vs. Artha Rin Adalat and others.......Respondents Judgment ......d the provisions of law as discussed above and thus it acted within the bounds of law and as such the impugned order cannot be declared to have been passed without lawful authority and is of no legal effect, consequently we find no merit in the rule." 5. We have considered the..Category: Civil Law | Date: | Hits: 152
Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)
....ection 151 of the Code of Civil Procedure. 3. The High Court Division observed that the certificate issued under Section 33 (5) of the Artha Rin Adalat Ain, 2003 in respect of 'Ka' schedule properties in favour of the decree-holder Bank by Annexure-'B' and the subsequent order dated 25.11...... Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Sonali Bank, Sadarghat Corporate Branch, Dhaka.............Appellant Vs. Mrs. Hazera Islam and others........Respondents Judgment ......quo; rejecting the application of the judgment-debtor to repay the entire outstanding decretal dues by selling the mortgaged property by the judgment-debtor can be declared illegal by the Judge of the Artha Rin Adalat under Section 57 of the Artha Rin Adalat Ain as the Cour..Category: Property Law | Date: | Hits: 106
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