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Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
....rt Division, allow this appeal and restore the Judgment and order of the lower appellate court. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 838. ...... ATM Afzal C J AM Mahmudur Rahman J Mustafa Kamal J Tambia Khatun………………….Appellant. Vs. Rafiqullah and ors.....................Respondents Judgment February, 16, 1999. Lawyers In......y;chased the case land on 19.10.91 the deed of ewaz was created for the purpose of defeating the right of preemption of the appellant. 8. On the other hand, Mr. S.R. Karmaker in view of the legal position felt difficulty in supporting the judgment of the learned Single Judge of the High C..Category: Property Law | Date: | Hits: 66
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
.... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ......Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury J Mohammad Gholam Rabban J Md. Ruhul Amin J Bangladesh Biman Corporation and others............Appellants Vs. Md. Jusimuddin………&helli......a Division Bench of the High Court Division in Writ Petition No. 3855 of 1998 declaring acceptance of resignation of the writ petitioner to have been made without lawful authority and is of no legal effect. 2. Short facts are that respondent joined in the service of Bangladesh Biman, ..Category: Employment/Service Law | Date: | Hits: 95
Mozirullah and others Vs. Shafukuddin Ahmed and others, 1996, 25 CLC (AD)
.... plaintiff. The appellate Court below found that the plaintiff could not give any personal knowledge of the amicable partition and P.W. 3 Hafizullah and P.W. 8 Bashirullah also could not give proper relevant answers relating to partition in their cross-examination. The appellate Court ......Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdui Rour J Bimalendu Bikash Roy Choudhury J Mozirullah and others...........Appellants Vs. Shafukuddin Ahmed and others...............R......or further improvement. It will therefore be a futile exercise to send the case back on remand to the High Court Division, particularly when Mr. Khankder Mahbubddin Ahmed could not point out any illegality occasioning failure of justice in the judgment of the lower appellate court which mer..Category: Property Law | Date: | Hits: 33
Comm. of Customs & ors Vs. N. Rahmania Banaspati & Vegetable Ghee Products Ltd., 2008, 37 CLC (AD)
....ct decision. We therefore find no reason to interfere with the same. All the petitions are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 412. ......9) 412. ......o levy custom duties and other taxes on the basis of the invoice value or on the basis of the normal value and also declaring that the levy of custom duty on the basis of indicative value is of no legal effect. 2. The short fact, which is common in all the writ petitions, is that the resp..Category: Fiscal/Taxation Law | Date: | Hits: 66
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
....ich the death was caused, was not done with the intention of causing death or of causing such bodily injury as is likely to cause death. 6. 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 ille......48. ......ily injury as is likely to cause death. 6. 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 pet..Category: Criminal Law | Date: | Hits: 97
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
....ntire endeavor of the complainant petitioner was to victimize or to harass or to insult the respondent No.1 before the public in general. 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 ille...... Md. Tafazzul Islam J Md. Abdul Matin J Md. Nurul Haque Biswas………………..Petitioner Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another…….....Respondents Judgment July17, 2008. Lawyers Inv......s functions as director of the said Hospital, the respondent no.1 was directed to purchase a motor car for the hospital from the fund of the said Hospital but he, with an ulterior motive to gain illegal benefit, purchased the motor car in his name and subsequently he resigned from his post ..Category: Criminal Law | Date: | Hits: 47
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
....opolitan Magistrate, Dhaka to the satisfaction of the Chief Metropolitan Magistrate, Dhaka till disposal of the appeal. Ed. This Case is also Reported in: VI ADC (2009) 429. ......inur Rahman J Md. Abdul Aziz J Jamil Ahmed Khan……………………………..Petitioner Vs Md. Delwar Hossain and another……………......Respondents Judgment April 21......heque was presented before the same bank on 27.08.1998 for encashment, but the same was again returned on 03.08.1998 with remark to contact with the drawer. Then the complainant respondent served a legal notice to the petitioner on 09.09.1998 under Section 138 of the Negotiable Instrument Act to..Category: Criminal Law | Date: | Hits: 50
Dr. Md. Abdul Jalil Sarder Vs. Selina Akhter, 2008, 37 CLC (AD)
.... Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 427. ......ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 585 of 2006. (From the judgment and order dated 02.02.2006 passed by the High Court Division in Civil Revision No.2196 of 1990.) ...... that she was a Senior Staff Nurse serving in the Rangpur Medical College Hospital and the petitioner gave proposal for marriage with her through one of his friends and the said marriage was a legal one which took place with the consent of both of them and the same was duly consummated and a..Category: Family Law | Date: | Hits: 169
Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....ce 60 decimals of and appertaining to Plot Nos. 6550 and 6551 being wrongly recorded in S.A. Khatian No.1446 in the name of Nishi Kanta and Sundari Bala, who left for India, was declared as vested property and was leased out to the defendant No.1 and thus the defendant Nos.1 and 2 who have no ri...... VI ADC (2009) 424. ......, as plaintiffs, filed above Title Suit No.13 of 1980 seeking partition of Ka scheduled land and also seeking declaration that the deeds as described in the schedule Kha and Ga to the plaint are illegal, collusive, null and void, fraudulent and not binding upon them on the averments that Jagaban..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
....he suit land relates to which Taluk. It appears from the report of an advocate commissioner that the suit land belonged to Abdul Taluk as is claimed by the plaintiffs. But the said report not properly considered by the trial Court with the plea that the investigation was not started fr......C (2009) 419. ...... and possession jointly with the proforma defendants in the suit land and also for a declaration that the judgment passed in Miscellaneous Case No.132 of 1969 of the same court is collusive, illegal, inoperative and liable to be set aside. The suit was subsequently transferred to the Additio..Category: Property Law | Date: | Hits: 31
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....singh for declaration against the defendant-respondent alleging, inter alia, that the suit land belonged to Asar Ali and after death of Asar Ali his wife, son and daughter became sharer of the suit property and his wife would look after the property on her behalf and on behalf of her m....... Not represented- the Respondent. Civil Petition for Leave to Appeal No.211 of 2006 (From the judgment and order dated 25th July, 2005 passed by the High Court Division in Civil Revision No.2651 of 1999......resulting in error in the decision of the case occasioning a failure of justice in misreading the pleadings of the parties as well as the evidence on record and in filling to consider the legal effect of the admitted fact and in basing his decision on mere surmise and conjecture and no..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....t No.1 affirming the judgment and order dated 20.1.1981 of the respondent No.3, in L.A. Case No.60 of 1977-78, and also praying for a direction upon the respondents to release from requisition the properties mentioned in paragraph 3 of the writ petition, hereinafter referred to as property, on t......Division (Civil) Present: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Capt. Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, represented by the ......y;tual aspect of the matters as raised. 5. 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 pet..Category: Property Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....pping documents are retired by the respondent Nos.2 and 3 upon payment of money, the legal title to the buses shall remain with the appellant, and since there is no claim against the appellant, its property cannot be attached on the application of a third party." 5. Dr. M. Zahir, learned Coun...... CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Dhaka Bank Limited…………………………………..Appellant Vs. Monir Hossain and others………….........Respondents Judgment August 25, 2008. Lawyers Involved: ...... 4. The leave is granted to consider the submissions of the learned Advocate for the appellant that "The impugned judgment and order dated 12.12.2000 of the High Court Division is illegal inasmuch as the impugned judgment and order has been passed in violation of the provisions of ..Category: Business or Commercial Law | Date: | Hits: 142
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....ance of the provisions of section 9 and 13 of Ain 2003 and accordingly not without jurisdiction so writ jurisdiction can not be invoked. 8. 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 ille...... (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Kamal Uddin Akand…………………………….... Peti......o writ jurisdiction can not be invoked. 8. 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 pet..Category: Civil Law | Date: | Hits: 95
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....urt below fell in serious error in holding that the suit without seeking relief for a recovery of possession is not maintainable in law. 8. 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 ille...... Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nur Islam Sharif alias Eslam Ali……….........Petitioner Vs. Amjed Ali Molla and others…........Respondents Judgment July 21, 2008. Lawyers Involved......ituted the above suit for declaration that the order dated 31.12.92 of Additional Divisional Commissioner, Khulna passed in Redemption Appeal No.26 of 1993 allowing redemption of the suit land is illegal and void on the averments that the suit land belonged to defendant No.1 petitioner who trans..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....the allotment of the petitioner alleging that the certificate of the petitioner as freedom fighter issued under the signature of M.A.G. Osmani, Commander-in-Chief of the Liberation War is not proper and acceptable as the same was not in accordance with the circular of the Bangladesh Go......ul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Kazi Abdul Hoque……………………..Petitioner Vs Md. Baharuddin and others ........Respondents Judgment May 15, 2008. Lawyers Involved: ......ssions of the learned Advocate for the petitioner have got no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 370. ..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
....hem to avail loan facilities from American Express Bank Chittagong; the defendant No. 1 simultaneously continued transaction with the plaintiff bank with a clear understanding that they would properly keep funded the CD Account No. 307 maintained with the plaintiff bank to meet the existing......zul Islam J Md. Joynul Abedin J Md. Abdul Matin J The City Bank Limited……….......................Petitioner Vs M/s. Oscar Fashionwear Ltd. and others……….........Respondents Judgment July 20, 2008. ......ng flimsy pleas and then the defendant No.1, by letter dated 20.4.1986, though assured to settle the outstanding bills but took no positive step; then the foreign banks through their lawyer served legal notice demanding payment from the plaintiff bank and ultimately the Bangladesh Bank also..Category: Civil Law | Date: | Hits: 106
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....e decision was taken after thorough inquiry by the Divisional Commissioner. The High Court Division has rightly found that the petitioner could not prove his right to any legal character or to any property and rightly held that the suit as framed is not maintainable. We find no merit in t......s also Reported in: VI ADC (2009) 361. ......the order dated 10.04.1986 passed by the Government purporting to shift the office of Shihara Union Parishad from it's present site under Amanta Mouza to a new site under Custobai Mouza was illegal, void and inoperative. The said suit was instituted in a representative capacity under o..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....of the Deputy Commissioner granting licence to respondent No. 2 without renewing the licence of the petitioner defeated the statutory right of the petitioner under section 53 A of the Transfer of property Act to protect his possession and therefore High Court Division committed an error of law i......Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Syeed Ahammed J Md. Nurul Islam Sarker.........Appellant Vs. The Deputy Commissioner, Gazipur and others…......Respondents Judgment May 14, 2002. Result: The Appeal is allowed. ......d order dated 30 January, 2000 by a Division Bench of the High Court Division passed in Writ petition No. 3737 of 1998 discharging the Rule. The Rule mentioned herein before was issued to examine the legality of the officer Order dated 19th November, 1998 of the office of the Deputy Commissioner, Ga..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....nt for the suit land within 60 days and in the aforesaid terms of the decree, the appellant filed Title Execution Case No.20 of 1986 for getting the sale deed registered and possession of the suit property through Court, after depositing the balance consideration money in Court. The trial Court ......r Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mozharul Islam Chowdhury, Advocate……………Appellant Vs Dilip Kumar Roy and others……………………………R...... deed registered and possession of the suit property through Court, after depositing the balance consideration money in Court. The trial Court having considered the facts and circumstances and the legal process executed and registered the kabala dated 06-01-1987 in favour of the decree holder ap..Category: Property Law | Date: | Hits: 31
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