Search Options
Judgment Advanced Search
Displaying 401-420 of 3679 results.
Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)
....stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ......ucted by Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Review Petition No. 84 of 2004. Judgment MM Ruhul Amin J.- The petitioners seek review of the judgment dated 25.04.2004 passed in Civil Appeal No. 49 of 2003 dismissing the same. 2. Short facts are that the writ petit......ition No. 84 of 2004. Judgment MM Ruhul Amin J.- The petitioners seek review of the judgment dated 25.04.2004 passed in Civil Appeal No. 49 of 2003 dismissing the same. 2. Short facts are that the writ petitioners filed writ petition No. 488 of 1994 stating, inter alia, that after partiti...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka & others…………......Petitioners. Vs. Ali Akbar A..Category: Property Law | Date: 9 Apr, 2005 | Hits: 93
Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)
....ame. 2. The arbitration case was filed under section 28 of the Acquisition and Requisition of immovable Property Ordinance, 1982 (Ordinance No. 2 of 1982). 3. Facts in short are that land measuring 3.20 acres of Plot Nos. 3840 and 9517 recorded in MRR khatian Nos. 6 and 2077 respect...... 28, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (11 of 1982), section 28 Whether period of limitation for filing an arbitration case can be extended.- When the compensation assessment was made and notice thereof was s......he same. 2. The arbitration case was filed under section 28 of the Acquisition and Requisition of immovable Property Ordinance, 1982 (Ordinance No. 2 of 1982). 3. Facts in short are that land measuring 3.20 acres of Plot Nos. 3840 and 9517 recorded in MRR khatian Nos. 6 and 2077 res...... Judgment March 28, 2005. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (11 of 1982), section 28 Whether period of limitation for filing an arbitration case can be extended.- When the compensation assessment was mad..Category: Property Law | Date: 28 Mar, 2005 | Hits: 64
Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)
....is not made a party to the suit, that the suit property was contracted to be sold for Tk. 75,000 in 1969 and the suit was filed in 1982 in respect of the three storied building on 140 square yards of land, the valuation of which cannot be twenty two thousand and the suit is undervalued. It was furth...... ..................Respondents Judgment March 27, 2005. The Specific Relief Act, 1877 (I of 1877), Section 42 The plaintiff was in possession after the agreement for sale which was entered into on 10-7-1969 and he could def......ecree dated 22-2-1994 passed in FA No. 107 of 1989 by a Division Bench of the High Court Division decreeing the suit. 2. The case of the plaintiff Mojibur Rahman and others was that his full brother proforma defendant No. 9 Syed Mahbubur Rahman was the owner of the suit propert...... (Civil) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works........Appellant Vs. Mojibur Rahman and others ..................Respondents ..Category: Property Law | Date: 27 Mar, 2005 | Hits: 101
....sidered and what kind of punishment used to be inflicted in the past.
14. It appears that the law of contempt in our country has stemmed from the English Law. The Superior Courts of Record in England have from early times exercised the power to commit for contempt persons who scandalized the Co......oner
Vs.
Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others...........Respondents
Judgment
March 21, 2005.
Result:
The application is disposed of.
Cases Referred to-
Case No.6506 of 2000, State Vs. Chief Editor Manabjamin and others; State Vs.......and Publisher respectively of Daily Bhorer Kagoj. Cutting of the said 2(two) reports have been annexed and marked as Annexures-A and B to the Contempt Petition.
2. The case of the petitioner is that both the reports i.e. Annexures A and B, having been published under red big-lettered bold misle......
Md. Abdul Matin J
AFM Abdur Rahman J
Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh....................Petitioner
Vs.
Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others...........Respondents
Judgment
March 21, 2005.
..
Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7
Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)
....ndant No.1 proposed to sell the suit property to the plaintiff and the plaintiff agreed to the proposal. Thereafter, on the 16th Magh 1402, BS. in presence of the witnesses the sale value of the suit land was settled at Taka 14,100 and it was also settled that the plaintiff would pay Taka 13,800 to .........................Petitioner Vs. Sultan Miah and others...............................Opposite Parties Judgment March 15, 2005. Result: The Rule is made absolute. Cases Referred to- Hossain Ahmed Chowdhury @ Ahmed Hossain Chowdhury and others Vs. Md. Nurul Am......the judgment and decree dated 31‑1‑2001 passed by the Senior Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997. 2. The case of the plaintiff, in brief, is that the defendant No.1 proposed to sell the suit property to the plaintiff and the plaintiff agreed ......ers, 47 DLR (AD) 162; Muslemuddin (Md.) and others Vs. Md. Jonab Ali and others, 50 DLR (AD) 13. Lawyers Involved: Md. Nurul Amin with Kazi Md. Shahiqul Hassan and Gazi Md. Mamunur Rashid- For the Petitioners. Md. Aminul Islam‑ For Opposite Party No.1. Civil Revision No.5672 of..Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3
Mohiruddin Mondal alias Md. Mohiruddin Mondal and others Vs. State, 2005, 34 CLC (HCD)
....ault to suffer imprisonment for one month. 2. The prosecution case, in short, is t hat on 17‑3-1983 at about 8‑00 AM when the informant Md. Golam Hossain were cutting, IRRI paddy in the land mentioned in the schedule to the complaint of the informant then the accused persons being arme......also Reported in: 57 DLR (2005) 779. ......nvicted under section 148 of the Penal Code sentencing each of them to a fine of Taka 1000 (one thousand) in default to suffer imprisonment for one month. 2. The prosecution case, in short, is t hat on 17‑3-1983 at about 8‑00 AM when the informant Md. Golam Hossain were cutting, IRRI p...... and others, 54 DLR (AD) 60; Nurul Islam alias Nur Islam Vs. State, 1998 BLD 695; Abdul Mannan and others Vs. State, 44 DLR (AD) 60. Lawyers involved: Khurshid Alam Khan with Ziaur Rahman- For the Petitioners. MU Ahmed, Assistant Attorney-General- For the State. ..Category: Criminal Law | Date: 14 Mar, 2005 | Hits: 4
Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)
.... of Civil Procedure, 1908 (V of 1908), Order XXXIX, Rules 1 & 2 In a suit for partition of immovable property whether a party can be allowed to construct a multi-storied building on the land in excess of his share-Defendant cannot be allowed to build a multi-storied building on the la.........Respondents Judgment March 6, 2005. The Constitution of the People's Republic of Bangladesh, 1972, Article 111 Application of a judicial precedent in deciding a case- Decision in a particular case made in the background of the facts and circumstanc......of Bangladesh, 1972, Article 111 Application of a judicial precedent in deciding a case- Decision in a particular case made in the background of the facts and circumstances of that case as well as upon placing the circumstances of that particular case in the scale of equity a......kground of the facts and circumstances of that case as well as upon placing the circumstances of that particular case in the scale of equity and justice being not without exception, as such, use of or reliance upon the said decision in arriving at decision in the subsequent case the facts and ci..Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308
....decree dated 5.6.1980 passed in Title suit No.346 of 1977 by the
First Court of the Subordinate Judge, Dhaka is illegal, void and not binding
upon the plaintiff. The plaintiff alleged that the suit land originally
belonged to Priaya Nath Basak and others and on the death of Priaya Nath Basak,
hi...... L.C.R.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 75.
......of 1991 in the Court of the Subordinate Judge,
Additional Court, Dhaka impleading the opposite party No.1 as defendant No.1
and other opposite parties as other defendants praying for declaration that the
judgment and decree dated 5.6.1980 passed in Title suit No.346 of 1977 by the
First Court ...... and others………………………………………………..Opposite
Parties
With
Additional Deputy Commissioner (Rev), Dhaka
and In-charge, vested property, Dhaka District, Collectorate Building, Dhaka…………………………………
Petitioner
Vs.
Mohammad Shaf..
Category: Property Law | Date: 23 Feb, 2005 | Hits: 5
....be a director of the company (Annexures 2, 3,4 and 5 of the affidavit-in-opposition); in the course of business, the company by registered deeds dated 25-4-95 and 12-11-96 purchased about 5 bighas of land for construction of VIP Tower and prior to this, there was a baina dated 28-10-93 signed betwee....................Appellants
Vs.
Professor Shahabuddin Khaled Chowdhury & others....Respondents
Judgment
February 22, 2005.
Result:
The appeal is dismissed.
Cases Referred to-
Nahar Shipping Lines Ltd vs. Mrs Homera Ahmed, 9 MLR (AD) 58 = 56 DLR (AD) 3......the Article, and also for withdrawal of several returns filed by the company removing the petitioner from the Board of Directors of the company. In the said application it was contended, inter alia, that the company is a private limited company having authorised capital of Taka 1,00,00,000 divided i......
Appellate Division
(Civil)
Present:
Md. Ruhul Amin J
Md. Tafazzul Islam J
HBS Association (Pvt) Ltd. and others.................Appellants
Vs.
Professor Shahabuddin Khaled Chowdhury & others....Respondents
Judgment
February 22, 2005...
Category: Company Law | Date: 22 Feb, 2005 | Hits: 364
Govt. of BD rep. by the Sec., Min. of Establishment Vs. Md. Abu Bakar, 2005, 34 CLC (AD)
....t Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his father was acquired and he and other heirs already received compensation from the autho......dgment February 16th, 2005. The Constitution of Bangladesh, 1972, Articles 102 & 103 The respondent brought the writ petition for getting allotment of a Government plot as an affected applicant. The High Court Division directed Respondent Nos. 1-3 to act in accordanc......against the judgment and order dated 9-2-2002 passed by the High Court Division in Writ Petition No. 673 of 2001. 2. The respondent No.1 filed the above writ petition stating, inter alia, that he was legally entitled to get allotment of a plot as affected person because the land of his f......Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Bangladesh, represented by the Secretary, Ministry of Works, Housing and Settlement and ors................Petitioners Vs. Md. Abu Dakar an..Category: Property Law | Date: 16 Feb, 2005 | Hits: 69
Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)
....itle Suit No.91 of 1977 in the Court of the Munsif 2nd Court, Feni praying for partition of his share upon determination of title, stating, inter alia, that the defendant No.1 sold out 60 decimals of land to him on 25‑12‑1972 under a registered suf kabala in which the plaintiff had enjoyment of ..............................Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005. Result: The Rule is discharged. Cases Referred to- Pordil Khan Vs. Sufaid Gul and others, 1965 PLD (Peshawar) 259; Rupe Jahan Be......missing the suit should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of this Rule, in short, are that the plaintiff-petitioner instituted the Title Suit No.91 of 1977 in the Court of the Munsif 2nd ......Plaintiff-Petitioner Vs. Mohammad Miah and others.............Opposite Parties Judgment February 7, 2005. Result: The Rule is discharged. Cases Referred to- Pordil Khan Vs. Sufaid Gul and others, 1965 PLD (Peshawar) 259; Rupe Jahan Begum and others Vs. Lutfe..Category: Property Law | Date: 7 Feb, 2005 | Hits: 2
Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
........Respondents Judgment February 1, 2005. The State Acquisition & Tenancy Act, 1950(XXVIII of 1951), Section 20 The suit land is being admittedly a tank and, as such, non-retainable land of the Zamindars the plaintiff of......he learned Counsel for the petitioner. The petitions are dismissed. Ed. ...... Lawyers Involved: Md. Fazlul Karim, Senior Advocate (in both the cases) instructed by Md Nawab Ail, Advocate-on-Record — For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record — For Respondent Nos. 1—8. Not represente...... admittedly a tank and, as such, non-retainable land of the Zamindars the plaintiff of Other Class Suit No. 1379 of 1980 could not claim the land on the basis of alleged settlement from the ex-landlord under the provision of section 20 of the State Acquisition and Tenancy Act. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....ple's Republic of Bangladesh, a Rule Nisi was issued calling Upon the respondents to show cause as to why (i) letter of allotment dated 19‑7-1993 issued by respondent No.2 allotting petitioners land by number as industrial plot No.30 appertaining to CS Plot No.177 of Begunbari Mouza, Tejgaon, ...... Ltd................................Petitioner Vs. Government of Bangladesh and others.......Respondents Judgment January 16, 2005. Result: The Rule is discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Maji......, PS Tejgaon, Dhaka measuring an area of 1.25 acres of land from the CS recorded owners by a registered deed of sale dated 12‑6‑1950. The name of Mrs. Rozario was duly recorded both in SA and RS Khatians in respect of that land. The Government by an order dated 3‑3-1952 requisitioned the .............Petitioner Vs. Government of Bangladesh and others.......Respondents Judgment January 16, 2005. Result: The Rule is discharged. Cases Referred to- Director of Housing and Settlement, Segunbagicha, Ramna, Dhaka Vs. Abdul Majid Howlader and others, 1 LG (..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
.... of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded tenant Nawab Ali was the owner of the land described, in the schedule attached to the plaint, that after, his death his son Abdul Barek ......dure, 1908 (V of 1908), Section 115 Concurrent finding of fact of the courts below having not suffered from any misreading or non-reading of the evidence or, in other words, any legal evidence was not left out in making the decision in the case by the courts of fact High Court Division was in......w Assistant Judge), Dhaka passed in Title Suit No. 356 of 1985 dismissing the same. The suit was filed seeking decree for permanent injunction. 2. Plaintiffs filed the suit stating, inter alia, that CS recorded tenant Nawab Ali was the owner of the land described, in the schedule attached to ...... 15, 2005. Result: The appeal is allowed. The Code of Civil Procedure, 1908 (V of 1908), Section 115 Concurrent finding of fact of the courts below having not suffered from any misreading or non-reading of the evidence or, in other words, any legal evidence was not left out in making th..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
....ed Lawyer emphasises that the agreement in question is not a simple contract but an agreement for reconveyance which as per section 95(A) of the State Acquisition and Tenancy Act made the transfer of land of the plaintiff to defendant Nos.1 and 2 nothing but a complete usufructuary mortgage which cr...... Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ......Court proceeding. The Court may at any stage of the suit reject any document which it considers irrelevant or inadmissible after recording the grounds. It is now a settled principle of law that unless objection as to admissibility of a document was taken at the earlier opportunity i.e. at ......thers……………………………Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Rules or procedures are made to subserve the ends of justice and not to defeat them Mere omission to ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
.... short, inter alia, that he as plaintiff filed Title Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, Sadar, and Khulna for declaration that he is the permanent licensee of the suit land and for permanent injunction with a prayer for mandatory injunction. The suit was dismissed by ...................Petitioner Vs. Government of Bangladesh & others.................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Md. Swaleh and another Vs. United Grain & Fodder Agencies, 16 DLR (SC) 15......n) of 2004 Judgment Md. Abdul Aziz J. - This Rule was issued on an application und section 5 of the Limitation Act. 2. The petitioner in his application has stated, short, inter alia, that he as plaintiff filed Title Suit No.10 of 1993 in the Court of learned Senior Assistant Judge, S......ditional Deputy Commissioner (Revenue) and Assistant Custodian, Vested Property, Serajganj Vs. Md. Abdul Majid and others, 2 BLC (AD) 11. Lawyers Involved: Abul Kalam Mainuddin, Advocate‑For the Petitioner. Not represented‑The Opposite Parties. Civil Rule No. 509 (Con) of 200..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
.... party filed a petition on 30‑12004 under section 145 of the Code of Criminal Procedure against the opposite parties Nos. 1, 2 and 4‑33 for drawing up a proceeding in respect of the disputed land measuring of 13.72 acres and to restrain members of the 2nd party from disturbing their possess..................Petitioner Vs. Nur Mohammad Khan and others.................................Opposite Parties Judgment January 10, 2005. Result: The Rule is discharged. Cases Referred to- Mozaffar Ahmed Vs. State and others, 49 DLR 485; Md. Tabibur Rahman Vs. Md. S......ary 10, 2005. Result: The Rule is discharged. Cases Referred to- Mozaffar Ahmed Vs. State and others, 49 DLR 485; Md. Tabibur Rahman Vs. Md. Saydur Rahman, 36 DLR (AD) 48; Jobeda Khatun Vs. Momtaz Begum and others, 45 DLR (AD) 31; Nader Ali Sk Vs. State, 35 DLR 180; Abul Basher a......ate, 35 DLR 180; Abul Basher and another Vs. Hasanuddin Ahmed and others, 51 DLR (AD) 14; Abdul Majid Mondal Vs. State, 4 MLR 191=51 DLR 287. Lawyers Involved: Md. Majibur Rahman, Advocate-For the Petitioner. SM Rezaul Karim with Md. Ashrafuzzaman Khan, Advocates-For the Opposite Part..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....t of Subordinate" Judge (now Joint District Judge), Narayanganj passed in Title Suit No.72 of 1992 dismissing the same. The suit was filed for specific performance of the contract for sale of land for further relief by way of declaration that the sale deeds by the defendant No. 1 in favour ......p; The Evidence Act, 1872 (I of 1872), Section 120 Competency of a witness to prove facts in issue- Facts which are within the knowledge of suitors if they did not depose in a case their case remains unestablished since any other person deposing on their behalf in respect of ......he defendant no. 2 had acquired title to the property regarding which defendant no. 1 earlier entered into an agreement for sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the property in question in good faith without notice of the original contract the......gment January 5, 2005. The Evidence Act, 1872 (I of 1872), Section 120 Competency of a witness to prove facts in issue- Facts which are within the knowledge of suitors if they did not depose in a case their case remains unestablished since any other person depos..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
.... Vs. Md. Ziarat Hossain...........................Opposite Party Judgment January 4, 2005. Result: The Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the d...... Judgment January 4, 2005. Result: The Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence ......ant Judge, First Court, Gazipur impleading the petitioners as defendants under section 9 of the Specific Relief Act praying for restoration of possession of the suit properties alleging, inter alia, that the suit land originally belonged to Abdul Mollah (2), Jobdul Mollah and Sabdul Mollah and CS Kh......e Rule is made absolute. Possession must be proved over the suit land Plaintiff could not prove his possession over the suit land and was dispossessed by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to disposs..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....ansaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back the land as per provisions under section 95A of the SA&T Act. ..............(10 & 11) .......Respondents Judgment January 4, 2005. The State Acquisition & Tenancy Act, 1950 (XXVIII of 1951), Section 95 and 95A President’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the te......tiff Nos. 1 and 2 respectively instituted Title Suit No. 174 of 1995 in the Court of Second Munsif, Khulna against the appellants and one Phanindra Nath Baidya for specific performance of contract That the case of the respondents as made out in the plaint, inter alia, are that the suit land belo......ion 95 and 95A President’s Order No. 88 of 1972 was promulgated long after the transaction was completed and the period of seven years as per the terms of the alleged Ekrarnama for reconveyance was over prior to such promulgation, the petitioner is not entitled to get back the..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
300312759027893790449086852879989128588856489998953887768890387