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Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... she, having obtained a decree in Title Suit No. 808 of 1985 from the Court of 2nd Sub-Ordinate Judge, (Now Joint District Judge) Dhaka, declaring her title and for recovery of khas possession of the properties as described in the schedule of the plaint, filed Execution Case No. 28 of 1986 in the ab...... This Case is also Reported in: II ADC (2005) 256....... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...Category: Criminal Law | Date: | Hits: 51
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ......vil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Dhaka Water Supply & Swearage Authority and others.........................Appellants Vs. Matiar Rahman............................the respondent was dismissed from the service with effect from 4.4.91. 5. Respondent then filed the above-numbered title suit for declaring the order of his dismissal from service as illegal and for other consequential reliefs. The trial court decreed the suit and the decree was affi..Category: Employment/Service Law | Date: | Hits: 73
Trading Corporation of Bangladesh Vs. Kazi Abdul Hye, 1997, 26 CLC (AD)
....ith the Special Powers Act, 1974 implicating the plaintiff which was registered as Khalishpur RS. Case No. 9(11) 781. The plaintiff lodged a complaint to the C.I.D. alleging that the police was not properly investigating the case whereupon the C.I.D. took up investigation as per F.I.R. lodged by......ellant Vs. Kazi Abdul Hye .........Respondent Judgment May 29, 1997. Cases Referred to- Md. Bashirullah vs. Bangladesh, 1981 BLD (AD) 198; Union of India and others vs. Mohd. Ramzan Khan, 1991 (1) SCC 588. Lawyers Involved: Dr. Rafiqur Rah......on in F.A. No. 279 of 1993 decreeing the plaintiff-respondent's Title Suit No. 408 of 1990 declaring that the order of removal of the respondent from service of the TCB by order dated 26-1-83 is illegal, void and without jurisdiction, that the respondent is still in service of the appellant and ..Category: Employment/Service Law | Date: | Hits: 69
Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)
....trik Deb Thakur represented by the Shebayet Sree Bhobesh Chandra Das and several others as defendants for declaration that the decree passed in O.C.Suit No. 228 of 1960 (in respect of the suit property) is illegal, void fraudulent and not binding upon them. On the death of the Shebayet his ......cate-on-Record - For Respondent No. 1 Dismissed for default vide Courts order dated 22.3.1998-Respondent Nos. 2 & 3(a)-(d). Civil Appeal No. 81 of 1992. (From the Judgment and Order dated 6-8-92 passed by the High Court Division in Civil Revision No. 405 of 1998 (Dhaka)......represented by the Shebayet Sree Bhobesh Chandra Das and several others as defendants for declaration that the decree passed in O.C.Suit No. 228 of 1960 (in respect of the suit property) is illegal, void fraudulent and not binding upon them. On the death of the Shebayet his heirs viz Sree ..Category: Property Law | Date: | Hits: 30
Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)
....relevant S.A. Khatians and this wrong recording had cast a cloud over his title. 3. The defence set up by the contesting defendant Nos. 1-8, is that they are the owners of the disputed property which was correctly recorded in the S.A. Khatians. Their definite case is to the following......Court Appellate Division (Civil) Present: ATM Afzal CJ Latifur Rahman J Mohammad Abdur Rouf J Rimalendu Bikash Roy Choudhury J Mohammad Ali Akhand .......................Appellant Vs. Bahatan Nessa Bewa and others........Respo......order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ..Category: Procedural Law | Date: | Hits: 63
Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)
....nst a large number of defendants, 111 in number, including the respondents as Defendant Nos. 61 to 67, for a declaration that the appellant is the owner of "2.90 acres of land of schedule property" including plot No. 759 bearing an area of .35 arces in Mouza Madhyer Char and p...... Bimalendu Bikash Roy Choudhury J Askar Ali & anr…………………..Plaintiff-Appellants Vs. Shamsul Islam alias Md. Shamsuddin and others ................Respondents Judgment August 3, 1997. Lawyers Involv......s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ..Category: Property Law | Date: | Hits: 27
Hezera Khatun Vs. State, 2001, 30 CLC (AD)
....hbub Hossain as well as the respondent no. 2 Mr. Khan Saifur Rahman. Learned Advocate for the respondent no. 2 admitted that the impugned judgment and order of the High Court Division was not proper and legal as being passed without notice to Hezera Khatun. In view of the admission of the l......ury CJ Mainur Reza Chowdury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hezera Khatun ............Appellant Vs. The State and others…………...Respondents Judgment May 30, 2001. ......t of the charge against her under section203/109 of the Penal Code. 3. Leave was obtained on the ground that the High Court Division heard the matter and passed the direction as aforesaid illegally behind the back of the appellant Hazera Khatun. We have heard the learned advocate for the ..Category: Criminal Law | Date: | Hits: 42
Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)
....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ...... ADC (2005) 143. ......ition and the court directed the appellants to pay compensation of Tk. 2,000/- to the plaintiffs. In the Civil revision the plaintiff only challenged the order passed in the Misc. appeal. The legal position is that the order passed in the review remained unchallenged. If only the order pass..Category: Civil Law | Date: | Hits: 72
Musammat Mohsena Khatun Vs. M/s. Habib Knitting Mills, 1996, 25 CLC (AD)
..... 7. Mr. Khan Saifur Rahman, learned Advocate appearing for the defendant-respondent, on the other hand, in support of the judgment and order of the High Court Division submitted that service of proper notice under section 106 of the Transfer of Property Act terminating the tenancy confers ......tiff-Petitioner Vs. M/s. Habib Knitting Mills represented by its proprietor Sheikh Amjad Hossain..........Defendant-Respondent Judgment May 8, 1996. Case Referred to- Abdus Sattar and others vs. Suresh Chandra Das, 32 DLR (AD) 170. Lawyers Involved: Md. Nawab Ali, Advocate-......her monthly tenant, the defendant respondent, from the suit premises stating, inter alia, that the defendant is a habitual defaulter and he had caused serious damages to the suit premises by making illegal changes in the structures without her consent, that the suit premises is required for her pe..Category: Tenancy Law | Date: | Hits: 154
M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ...... Present: KM Hasan CJ Mohammad Fazlul Karim J Md. Hamidul Haque J M. A. Mannan.... ...........Appellant Vs. The Chairman, Second Labour Court and others……...Respondents Judgment August 26, 2003. Lawye......er was not absent and before that date he was absent only for ten days. So, he has given emphasis on this point and has argued that the High Court Division and also the Labour Court committed an illegality in not taking into consideration the above legal position. 4. Mr. Abdur Razza..Category: Employment/Service Law | Date: | Hits: 81
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
.... the decision of the High Court Division although on different reasonings. The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 116. ...... Roy Choudhury J Md. Abdul Majid Daria.................Appellant Vs. Bangladesh..............Respondent Judgment March 12, 1998. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - Fo......e was processed naturally leads one to believe that there was unfairness and collusion in the entire deal. Also the notice of the assessment on the appellant in Form ‘J’ was without any legal authority and obviously, it was collusively procured. This notice cannot be considered a not..Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
....8. Leave was granted by this Division against the said judgment and order of the High Court Division to consider the submission by the appellant that the judgment of the High Court Division was not proper judgment of reversal inasmuch as the High Court Division reversed the findings of the trial...... Vs. Bangladesh General Insurance Co. Ltd.................Respondents Judgment December 14, 2000. Cases Referred to- AIR 1914 Bombay 225; Borada Spinning and Weaving Co. Ltd. Vs. Satyanarayan Marine and Fire Insurance Co. Ltd. AIR 1924 (Cal) page 186; ......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
.... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......05) 87. ......mittee to scrutinize and examine the applications received in response to the advertisement, should not be declared to have been made and constituted without lawful authority and is of no legal effect and further why the respondents should not be directed to do the needful for imp..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....r value from Bazlur Rahman and there being no suit or pending appeal at the relevant time, it took possession of the suit plot and invested large amount money for development and improvement of the property. The respondent Nos. 1-7 were aware of such constructions which were carried on to t......san J Bushra Complex Ltd....Appellant (In Civil Appeal No. 256 of 2001) Mr. Bazlur Rahman ...........Appellant (In Civil Appeal No. 257 of 2001) Vs. Syeda Sabera Khatun and ors.... Respondent (In both the cases) Judgment February 4, 2002. Case Re......to remove all obstacles therefrom within 90 days from the judgment. 2. Respondent Nos. 1-7 as writ petitioners moved the High Court Division in Writ Petition No. 588 of 2001 challenging the legality of the order contained in Memo No. AP-34/67/6907/1(4) dated 1.12.1997 issued by the respon..Category: Property Law | Date: | Hits: 30
Sukkada Bala Gope Vs. Pran Hari Gope, 2004, 33 CLC (AD)
....f appeal below without adverting to the reasoning of the trial Court set aside the judgment and decree of the trial Court even without reversing the finding therein. 9. It appears that upon proper construction of the document and the appreciation of the evidence, the trial Court decreed t......rd - For the Appellant. Subrate Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents. Civil Appeal No. 06 of 2001. (From the Judgment and Order dated 2nd December 1999 passed by the High Court Division in Civil Revision No. 182 of 1...... and the said deed being earlier than the deed of the plaintiff-respondent's predecessor and the said deed Ext. A having not been challenged in any court of law High Court Division acted illegally in making the rule absolute. 2. He further submits that the High Co..Category: Property Law | Date: | Hits: 29
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
.... on the one hand and defendant Nos. 4 and 5 on the other hand is not an exchange deed but an out and out sale deed stating, inter alia, that defendant no. 4-5 were the owners of 'ka' schedule property and defendant Nos. 1-3 were the owners of "Kha" schedule property. Defendan...... This Case is also Reported in: II ADC (2005) 52. ...... recitals in the disputed deed it is a deed of exchange and no oral evidence contrary to the same was admissible and no consideration money was paid. The High Court Division acted illegally in reversing the judgment and decree of the court of appeal below without considering ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)
....ainst the judgment and order dated June 26, 1996 of a Division Bench of the High Court Division in Writ Petition No. 3 of 1988 making the Rule absolute and thereupon making direction to release the property from the 'ka' list of the abandoned property published in the gazette dated June 23, 1986 u......pellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J The Government of People’s Republic of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Secreteriat Building, Dhaka…………………..Petitioner Vs. Alhaj...... of the property of the holding in question. The Court of Settlement dismissed both the cases. 5. Thereupon the Respondent No. 1 moved the High Court Division in writ jurisdiction questioning legality of the judgment and order of the Court of Settlement. The High Court Division on a finding ..Category: Property Law | Date: | Hits: 29
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....udge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. 243, Khatian No. 22, present Dag No. 932, D....... Mustafa Kamal J Latiful Rahman J Abdul Motaleb……………….....Plaintiff-Appellant Vs. Md. Ershad Ali and others ......Defendant-Respondents Judgment June 5, 1994. ...... this case was wholly justified. The High Court Division completely ignored the principles as have been referred to above and without any application of mind to the facts of the case even, quite illegally interfered with the order of the learned Subordinate Judge. 24. The other con..Category: Property Law | Date: | Hits: 56
Bangladesh Vs. Mst. Shiuli Begum and another, 2002, 31 CLC (AD)
....cuted and registered through court on 3.11.1981. Further case of the respondent is that she has been forcibly evicted by the appellant from the case premises on 20.10.1986 on the plea that the property has been enlisted as Abandoned Property. 3. The present appellant contested the ca......reme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Md. Ruhul Amin J Abu Sayeed Ahammed J The Secretary, Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, D......ed property or not to have vested in the Government under the President's Order 16 of 1972 or the possession by the Government of the building as an abandoned property under that order to be illegal or invalid or directing the Government or any officer or authority subordinate to it to ..Category: Property Law | Date: | Hits: 37
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
.... the Court and after hearing the learned Subordinate Judge (now Joint District Judge) by order dated 2.4.2000 allowed the above application and instructed the plaintiff appellant to file case in a proper court and vacated the order of status quo; thereafter on the basis of the approval of the Mi......Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mosharraf Hossain………………..Appellant. Vs. Moulana Md. Tofazzal Hossain and others.......................Respondents. Judgment November 9, 2004. Lawye......st Court of Subordinate Judge (Now Joint District Judge), Jamalpur praying for declaration that appointment of the aforesaid three persons as Nikah Registrar of three unions were void, illegal and ultra vires and the appellant also filed an application under order 39 Rule 1 of the Code..Category: Civil Law | Date: | Hits: 133
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