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Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....iginal documents of title and occupied the above house; during his life time Md. Hanif made several representations to different authorities for release of the said house from the list of abandoned properties but in vain and he died on 3.9.1981; thereafter the said house being enlisted in "......191. ......t Accounts Officer Dhaka, and the Pension Book of Md. Hanif, which were filed before the Court of Settlement as Exts.1 and 2 and before the High Court Division as Annexures C and C(1), were most illegally and arbitrarily rejected by both the Courts and the above Pension Book and the Certificate ..Category: Property Law | Date: | Hits: 30
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....udge, 1st Court, Gazipur. 2. The facts relevant for disposal of this appeal are that the plaintiff filed Title Suit No.32 of 1994 for Specific Performance of Contract in respect of the suit property comprising 17½ decimals of land with semi pucca tin shed house standing thereon, wh......ohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15, 2009. Cases Referred To- ......nd hence the suit. The defendant at the time of execution of the agreement for sale handed over the original title deed of the suit, property to the plaintiff. The plaintiff also caused issuance of legal notice prior to filing of the suit. 3. The defendant No.1 contested the suit by filin..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....e impugned judgment and order of the Administrative Appellate Tribunal and the materials on record. 4. This Division in a number of cases held that the Administrative Tribunal is not a Court proper although it has all the trappings of the Court and as such cannot exercise all the judicial......Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Project Director (at present In-Charge of Director), Tejgaon, Dhaka and another………………… Petitioners Vs. Ra......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ..Category: Administrative Law | Date: | Hits: 92
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......lip;….. Respondent. Judgment March 16, 2009. Cases Referred to- Pakela Narayana Swami Vs. The King Emperor, AIR 1935 PC 47; Mesanur Rahman and others Vs. The State, 16 BLD (AD) 293; State Vs. Monu Miah and others, 54 DLR (AD) 60. ...... 13. Confession under section 164 of the Code of Criminal Procedure of an accused immediately after he is produced from a prolonged police custody shall not ipso facto render it inadmissible as illegal unless police persecution and torture is alleged. In the instant case the accused respondent ..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......yeem Mominur Rahman J BRAC, 75 Mohakhali C/A, Dhaka -1212………………………………….. Petitioner. Vs. National Board of Revenue represented by its Chairman, Segunbagicha, Dhaka and another………… Respondents. Order March 12, 2009. Result: The petition is dismi......emption as prayed for by the writ petitioner. 5. Eventually the High Court Division by the impugned judgment and order dated 12.2.2008 discharged the rule on the ground that the NBR committed no illegality in refusing to exercise its discretion to waive the requirement of the writ petitioner to d..Category: Fiscal/Taxation Law | Date: | Hits: 125
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....uza within P.S. Kaliakoir Dist. Dhaka and for further declaration that record-of -right in respect of the said land is incorrect. 3. The case of the plaintiff, inter alia, was that the suit property originally belonged to the then Zaminder of Kashimpur, who made a settlement of the s......ord - For the Appellant. Syed Badrul Alam, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 17 of 1991. (From the Judgment and Decree dated 20 June, 1988 passed by the High Court Division in Appeal From Appellate Decree No...... requirement to pay the adjournment cost and as a result the plaintiff could neither pay adjournment costs nor could contest the suit on the date of its peremptory hearing and thereby the plaintiff legally proved the necessary facts and circumstances to substantiate the allegations of collus..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....t Ful Mehar Bibi was defendant No.8 in original Title Suit No. 285 of 1980 subsequently renumbered as Partition Suit No. 113 of 1991. In the plaint of the partition suit it was stated that the suit property belonged to Sheikh Nazimddin who died leaving behind one son, Abdur Rahman and one daught......reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Ful Meher Bibi dead her heirs Sabura Khatun and others…….....Appellants. Vs. Abdul Wahab and others................o. 113 of 1991. In the plaint of the partition suit it was stated that the suit property belonged to Sheikh Nazimddin who died leaving behind one son, Abdur Rahman and one daughter, Amirjan as his legal heirs and successors. Defendant No. 8 Ful Mehar Bibi was one of daughters of Amirjan, daughte..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147....... Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh, represented by the Deputy Commissioner, Gazipur & others.......Appellants Vs. Abdur Rahman and others.....Respondents Judgment March 8, 2005. Cases Referred to- Md. Nurul Islam a......to- Md. Nurul Islam and others Vs. People's Republic of Bangladesh, represented by the Secretary, Ministry of Forest, Dhaka 2 BLC (AD) 56; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Goeenur and others 35 DLR (AD) 216; Rafizuddin Ahmed Vs. Mongla Barman and others 43 DLR..Category: Property Law | Date: | Hits: 42
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
.... any gainful employment during the period in question. Mr. Awlad Ali, learned Advocate, who entered Caveat for the plaintiff-respondent, could not satisfy us as to the basis of such relief. The proper order should have been to leave the bank to deal with the period in question in accordance ......amal J Latifur Rahman J Mohammad Abdur Rourf J Bimalendu Bikash Roy Choudhury J Md. Abdul Jabbar .............Appellant Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment July 27, 1998. Lawyers In......or apparent on the face of the record calling for a review of the order. 7. Mr. Md. Aftab Hossain, learned Advocate-on-Record for the respondents, has hardly anything to assail this obvious legal position. Also there is nothing in the written statement to show that the plaintiff was prof&..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....ion. 2. The short fact leading to this appeal is that defendant No. 3 Dhaka Nawab Waqf Estate is the owner of the suit land from which estate Nawab Khawja Habibullah Bahadur took lease of the suit property by lease deed dated 1.3.1952 for a period of 25 years and took possession of the same. Wh......l) Present: Mahmudul Amin Choudhury CJ Mohammad Gholam Rabbani J Md. Ruhul Amin J M/s. Shahjhan Enterprise Ltd................................Appellant Vs. Meghna Petroleum Ltd. and others.......... .............Respondents Judgment April 22, 2001. Case Referred to: ......lso the case of the plaintiff that 25 years lease of Nawab Khawja Habubullah Bahadur ended on 1.3.1977 whereupon defendant No. 3 Dhaka Nawab Waqf Estate became absolute owner of the suit land and was legally entitled to rent payable by defendant Nos. 1 and 2 which was raised to Tk. 600/- per month i..Category: Tenancy Law | Date: | Hits: 149
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....uit No. 35 of 1969 for specific performance of contract and the deed of transfer obtained on the basis of the said decree are illegal null and void on the averments, inter alia , that the suit property belonged to one Lala Ram Sankar who died unmarried and sarna Kumari was a maid servant of ......malendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bangladesh and others....................Respondents Judgment May 2, 1999. Lawyers In......Lai Roy for declaration that the ex parte decree passed in O.C. Suit No. 35 of 1969 for specific performance of contract and the deed of transfer obtained on the basis of the said decree are illegal null and void on the averments, inter alia , that the suit property belonged to one Lala Ram S..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
.... 1987 and writ petitioner respondent Showkat Jong Hasmi filed Writ Petition No. 4165 of 1992 under Article 102 of the Constitution Challenging the enlistment of their respective house as abandoned property. 3. Md. Shajahan in his writ petition started that one Hasib Khan was a lessee in ......dent No. 1 (In Civil Appeal No. 133 of 1997). Not represented - Respondent No. 2-9 (In Civil Appeal No. 133 of 1997). Civil Appeal No. 132 & 133 of 1997. (From the Judgment and Order dated 9-7-1993 passed by the High Court Division in Writ Petition Nos. 648 of 1987 and 41......Division in exercise of their power under Article 102 of the Constitution fell in error of law in setting aside the order of the Court of Settlement in view of it's clear finding that the property legally vested in the Government as an abandoned property. 7. Mr. Ozair Farooq the learned ..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......llant Vs. Md. Majibur Rahman ..................Respondent Judgment: July 15, 2002. Cases Referred to: 42 DLR(AD) 119; 35 DLR (AD) (388); Mst. Rahman Khatum Vs. Abdur Rashid Bhuiyan and another, 1985 (AD) BLD 77; Md. Ayub Ali vs. Jahanara Shirin 1986 BLD (HCD) P.93. Lawyers In......es that the plan was obtained by the plaintiff from the local Pourshava authority which was approved by the Subdivisional Officer and was passed by the Chairman of the Pourshava who were the admitted legal authority for the purpose and as such the plaintiff also could prove bonafide requirement of t..Category: Tenancy Law | Date: | Hits: 175
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ......me Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J The Export Promotion Bureau and another................................Appellants Vs. Md. Nazmul Hossain and othe......ourt Division had fallen into an error of law in not holding that the writ petition is not maintainable and that the writ petitioner having not served the Bureau by joining in Dhaka office was not legally entitled to any salary or benefits etc. particularly when he had admittedly carried on..Category: Employment/Service Law | Date: | Hits: 105
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ave declared the orders .of voluntary retirement of the writ petitioners unlawful. 9. In the facts and circumstanc.es of the case at best there may a case of violation of contract for which proper remedy may be sought in the civil court and not under the extra ordinary writ jurisdiction. ......, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent No. 1 (In all the cases). Not represented - Respondent Nos. 2-5 (In all the cases). Civil Appeal Nos. 65, 66 and 67 of 1997. (From the three separate Judgment and Orders all dated 12th May, 1996 passed...... with the rider that those will be paid as soon as their accounts are finalised. The writ petitioners waited for long 17 months but the Corporation did not pay their arrear dues rather kept them illegally out of employment of the Corporation from the date of submission of their respective applic..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....in suit has been prepared and finally published within the meaning of Section 43 of the East Bengal State Acquisition and Tenancy Act, 1950, and the plaintiff's right to possess and manage the said properties has not been affected by the publication of the compensation assessment Roll as cla...... Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh represented by the Secretary Ministry of Land Acquisition & Land Records................Appellant Vs. Chowdhury Tanbir Ahm......a vague and infinity ground, and no attempt was made at any stage of these case to make out precisely the reasons for holding that the publication of compensation assessment rolls was open to any legal exception. If however, there be any such defeat in the proceedings which culminate..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....gh Court Division against the said money decree and it was registered as F.A.T. No. 177 of 1996. The Taxing Officer of the High Court Division detected that the plaintiff decree holder did not pay proper court fees in the trial court and accordingly by a report dated 8.5.96 the Stamp Reporter of......rted in: II ADC (2005) 380. ......ree in question was corrected by the trial Court on 3.9.96 upon accepting the deficit court fees from the plaintiff decree holders and as such the learned Judges of the High Court Division acted illegally and not treating that the appellants although preferred the appeal on 24.4.96 the appeal in..Category: Civil Law | Date: | Hits: 87
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ...... Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Mohammed Abdul Naim........Appellants Vs. The Chairman, Board of Directors, Sonali Bank, Head Office, Dhaka and others...........Respondents Judgment November 20, 1997. Case Referred t...... judgment and order dated 10-1-93. The respondents' appeal, A.A.T. Appeal No. 17 of 1993, was allowed by the Administrative Appellate Tribunal on 12-4-94 on the ground that the Sonali Bank, a legal entity capable of suing and of being sued, having not been made a party the appellant's A.T. ..Category: Administrative Law | Date: | Hits: 124
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
....fraudulent, collusive and not binding upon the plaintiff. 2. Facts, in short, are that the land in suit belonged to Bishnupada and he granted power of Attorney to Danesh Mondal as regard the property in suit and the said attorney transferred the land in suit on December 10, 1953 to his wif...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzal Islam J Sufia Khatun………………..Appellant Vs. Amin Hossin Mondal and others.....................Respondents Judgment January 17, 2005. Case Re...... that the vendor of the plaintiff transferred the land while she (the vendor) was not in possession. The finding of the High Court Division as regard the possession of the land in suit is not legally well founded. 10. The learned Advocate-on-record representing the Responde..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....minor sons but the defendant refused to accept those. The further contention of the plaintiff is that the defendant and her father has no capacity to educate and to maintain the two minor sons properly. Therefore, on 08.01.1998 the plaintiff sent his mother and cousin to bring his sons .........Appellant Vs. Morsheda Parveen.........................Respondent Judgment January 17, 2005. Case Referred to: Md. Abu Baker Siddique Vs. M. A. Bakar and others 6 BLD (AD) 245. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record - For ......sider the submission that the learned Single Bench of the High Court Division in passing the impugned judgment did not consider the over all supervisory control of the father, the natural legal guardian and hence did not make any provision for the father to see the minors at suitable in..Category: Family Law | Date: | Hits: 161
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