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Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....serious miscarriage of justice. In view of the pending litigations between the parties in the civil court and in the writ jurisdiction in respect of allotment of the self same shop it is just and proper that the writ petition should be disposed of in presence of the petitioner." ...... Dr. Rafiqur Rahman, Senior Advocate (M. A. Baki with him) instructed by Serajur Rahman, Advocate-on-Record-For Respondent No.2. Civil Appeal No. 96 of 1999 (From the judgment and order dated 22.6.1999 passed by the High Court Division in Writ Petition No. 3968 of 1998) ......bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ..Category: Procedural Law | Date: | Hits: 78
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....the (Emergency) Requisition of Property Act, 1948. 4. The trial Court decreed the suit finding that the suit land described in the schedule 'Ga' of the plaint of not included in the acquired property and the plaintiff respondent has title and possession therein, the government defenda......d in: 1 ADC (2004) 473. ......aka was originally owned and passed by one Pir Baksh. In the year 1935 the said Pir Baksh died leaving behind two sons Jonab Ali and Jinnath Ali and two daughters Samina bibi and Jarina bibi as his legal heirs; that the aforesaid legal heirs for their convenience made amicable partition of the l..Category: Property Law | Date: | Hits: 22
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
....d 3(ka) of the plaint stating to the effect that while said Debendra Chandra Sharma had been owning and possessing the land described in 1(ka) and 1(kha) of the plaint he exchanged schedule 1(kha) property on 19.10.82 by registered kabala with that of the defendant No. 1's property mentioned in ......s also Reported in: 1 ADC (2004) 462. ......ted the Title Suit No. 448 of 1987 in the Court of Assistant judge, Sadar Comilla for declaration that the kabala described in the schedule 1, 2 and 3 of the plaint are forged, illegal and void etc, and for further declaration of his title to the land described in the schedule ..Category: Property Law | Date: | Hits: 27
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....sonment for life or with rigorous imprisonment for a term which may extend to fourteen years and shall also be liable to fine. Explanation. - In this section "dowry" means any property or valuable security demanded from the wife or her parent, guardian or any other relation......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anowara Begum ………………...Appellant Vs. The State and another .............Respondents Judgment March 7, 2004. Lawyers Involved......saulted by her husband for dowry and thereafter her husband left for London and she went back to her father's house at Sylhet for treatment. On his return from London her husband issued a legal notice claiming huge amount allegedly taken away by the informant from his house at Banani, D..Category: Criminal Law | Date: | Hits: 64
Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)
.... of a document is inadmissible under Section 92 of the Evidence Act........ Section 91 of the Evidence Act provides that when the terms of a contract or of a grant, or of other disposition of property, have been reduced to the form of a document no evidence shall be given in proof of t...... Syed JR Mudassir Husain J Abu Sayeed Ahammed J Md. Mosharraf Hossain……………………Appellant Vs. Daulat Ahmed and ors..........Respondents Judgment July 7, 2002. Cases Referred to- ...... and restored the judgment and order of the court of Assistant Judge upon making the rule absolute. 8. Leave was granted to consider the submissions whether High Court division acted illegally in upholding the view taken by the trial court in respect of the disputed document with..Category: Property Law | Date: | Hits: 44
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....the plaint. The learned Court below on hearing both the parties decreed the suit in full against the appellant on contest with cost and interest until realization and the Court further attached the properties of the appellant conditionally. 3. The appellant preferred an appeal against the......Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Administrator, Gammon Bangladesh Ltd...........................Appellant. Vs. Tota Mia and others ...........Respondents. Judgment November 24, 2002. Lawyers Invol......cts clearly show that they acted in good faith all along as such the restoration should have been allowed." "For that the office note dated 12.3.1996 is clearly illegal in view of the intervening fact of filing of power by the learned advocate Mr. Abdul Barek ..Category: Procedural Law | Date: | Hits: 94
Md. Abdul Mazid Vs. Secretary, Ministry of Energy and Mineral Resources, BD, 2002, 31 CLC (AD)
....e petitioners and after due inquiry found the petitioners guilty and as this court, under writ jurisdiction cannot sit as a court of appeal and decide whether the said inquiry officer's on proper appreciation of evidence, duly came to the aforesaid findings, Since it appears t........................Appellant (In Civil Appeal No. 320 of 2001) Monir Ahmed......................Appellant (In Civil Appeal No. 321 of 2001) Vs. The Secretary, Ministry of Energy and Mineral Resources, Bangladesh Secretariat, Dhaka and others.........Respondents. (In both ......dgment and order dated 20.5.1998 passed by the High Court Division in Writ-Petition Nos. 4646 and 4648 of 1997 are set aside. Ed. This Case is also Reported in: 1 ADC (2004) 409. ..Category: Employment/Service Law | Date: | Hits: 89
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
.... be quoted as under: Description of suit Period of limitation Time from which period begins to run For specific move-able property lost or acquired by theft, or dishonest misapproÂpriation or converÂsion or for compenÂ......vocate (Kamrul Huda, Advocate with him) Instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the appellant. Not represented- the Respondent. Civil Appeal No. 01 of 1998 (From Judgment and order dated 4.9.1994 passed by the High Court division in First Appeal No. 68 of 1998). Judg...... the cases are under tampered condiÂtion. The bank by its letter dated 14.2.74 denied pilferage from its godown, and refused to deliver the goods till clearance of entire dues of LIM accounts and by legal notice dated 22.5.76 demanded payment of the outstanding dues. Present market value of the und..Category: Civil Law | Date: | Hits: 79
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and othÂers, 2004, 33 CLC (AD)
....k, which is well within the definition of loan as in section 2 (kha), the High Court Division is wrong in upholding the order of striking out the names of the said defendants who were necessary and property parties in the suit. 8. It is seen from the plaint that the Bank sanctioned loan o......min J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank……………………Appellant Vs. Md. Sirajul Hoque Chowdhury and others...........Respondent Judgment June 28, 2004. Cases Referred T......ellant upon referring to the provision of order 1 Rule 3 of the Code of Civil procedure submitted that in the background of the facts of the case impleading of the defendant Nos. 3 and 4 was quite legal and that High Court division erred in refusing to interfere with the order of he trial court ..Category: Civil Law | Date: | Hits: 121
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
.... of the plaintiff no discretionary relief for specific contract can be granted. In out view these findings of the High court division are based on correct assessment of the materials on record and proper consideration of the bainapatra Ext. 1. Therefore, we find no cogent reason to i......enior Advocate instructed by Ataur Rahman Khan, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No.168 of 2000 (From the judgment and order dated 16.01.2000 passed by the High Court Division in Civil Revision No. 645 of 1987). ......a Paul and since no suggestion with respect to insertion of the word 'Bhadra' and the corresponding date was given to him, the learned Single Judge of the High Court Division committed illegality in holding that those were subsequently inserted and as such the bainapatra Exhibit-1..Category: Property Law | Date: | Hits: 31
Abdur Rahim Chowdhury @ Jashim Vs. State, 2003, 32 CLC (AD)
....e High Court Division. In such view of the matter, this jail petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 304. ......llip;….Petition Vs. The State...............................Respondent Judgment December 7, 2003. Jail Petition No. 3 of 2003. (From the judgment and order dated October, 2002 passed by the High Court Division in Death Reference No.17 of 1999 wi......ivision having meticulously considered and assessed the evidence of prosecution witnesses and other materials on record accepted the death reference and rejected the jail appeal, we find no illegality or any legal infirmity or any defect of law at any stage of the proceeding for our inter&s..Category: Criminal Law | Date: | Hits: 55
Alaluddin Vs. State, 2003, 32 CLC (AD)
....he High Court Division. The Jail petition No.13 of 2003 and criminal Misc. petition No. 46 of 2003 are accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 299. ......ioner Vs. The State.....................Respondents Judgment October 30, 2003. Cases Referred to- 15 BLD (AD) 54; 29 DLR (SC) 271; 45 DLR 587, 43 DLR 249 and 6 BLC (AD) 1; 17 BLD 352; 1MLR (AD) 248; 16 BLD (AD) 261. 42 DKR (AD) 31; 15 BLD (HCD) 205. ......ent of the petitioner was true and voluntary and the Magistrate who recorded the confessional statement stated in unequivocal terms that he recorded confessional statement after observing all legal formalities required under the law and in the decision reported in 29 DLR (SC) 271 it has been..Category: Criminal Law | Date: | Hits: 36
Md. Shah Alam Vs. Md. Islam and others, 2004, 33 CLC (AD)
....so upon the pro forma defendant No. 2 and her interest had not been affected in any way thereby, stating inter alia that respondent No.1 is her son by her first marriage with one Md. Ishaque; the properties described in the schedule of the plaint belonged to her father Abdul Gani Chowdhury who ......late Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzal Islam J Md. Shah Alam.................Appellant Vs. Md. Islam and others..............................Respondents Judgment May 26, 2004. C......nxious consideration to the facts and circumstances and the evidence on record we find that the High Court Division considered the matter in its proper prospective and we find no irregularity or illegality in the decision of the High Court Division. Accordingly the appeal is di..Category: Procedural Law | Date: | Hits: 87
Md. Saiful Islam and another Vs. Sheikh Hasanul Huq and others, 2004, 33 CLC (AD)
....ed without any order as to cost and the judgment and order passed by the High Court Division making The Rule absolute is set aside. Ed. This Case is also Reported in: 1 ADC (2004) 290. ......4) 290. ......nexure-D) allowed him seniority as prayed for but on 13.2.1994 he received a copy of the order dated 24.11.1993 (Annexure-E) whereby his seniority as already allowed by order dated 8.11.1993 was illegally taken away without giving him an opportunity to show cause. 3. The respondent Nos. 2-..Category: Employment/Service Law | Date: | Hits: 82
Nizam Uddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2004, 33 CLC (AD)
....ustainable. In this view of the matter we do not find substance in this appeals and the appeal is accordingly dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 273. ...... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Nizam Uddin Mahmood............................Appellant Vs. Abdul Hamid Bhuiyan and another.... .............Respondent Judgment June 1, 2004. Cases Referre......ed last, the requirement of law has been fulfilled. He challenged seriously the observation of the High Court Division that the cheques being returned unpaid for the first time on 11.02.2001 and no legal notice being sent upon the accused with in 15 days from the date of receipt of the informati..Category: Business or Commercial Law | Date: | Hits: 138
Additional Deputy ComÂmissioner (Rev) Dhaka & others Vs. Mst. Farhad Begum & ors, 2004, 33 CLC (AD)
.... had been possessing the suit land by erecting huts there on through their own men suit land never belonged to any non Bengali and therefore the question of the suit land being abandoned property does not arise some people having greedy eyes on the suit land started harassing...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Additional Deputy Commissioner (Rev) Dhaka & others........Appellants Vs. Mst. Farhad Begum and others...........Respondents Judgment May 15, 2004. Lawyers Involved: ......a Khatun who were non Bengalese and they having left the country during the liberation war the suit land became abandoned property and was taken over in A. P. Case No. D/1977 the plaintiffs illegally trespassed into the suit land and so the defendant in pursuance of an order dated 19.1..Category: Property Law | Date: | Hits: 29
Qamrul Islam Siddique Vs. Saber Ahmed and another, 2002, 31 CLC (AD)
....to costs. The judgment and order of the Administrative Appellate Tribunal, Dhaka in Appeal Case No. 20 of 1997 is maintained. Ed. This Case is also Reported in: 1 ADC (2004) 224. ......Present: Mainur Reza Chowdhury J Md. Ruhul Amin J Mohamad Fazlul Karim J Qamrul Islam Siddique .................................Appellant Vs. Saber Ahmed and another..............................Respondent Judgment February 10, 2002. ......lly on 9tn May, 1991 he was dismissed by the office order communicated under the signature of the then secretary, of the Ministry of LGRD and co operatives. The respondent No.1 challenging the legality of the order of his dismissal filed A.T. case No.135 of 1991 before the Administrative Tr..Category: Administrative Law | Date: | Hits: 95
Aminul Islam Chowdhury and othÂers Vs. Abdul Hamid and others, 2003, 32 CLC (AD)
.... No. 157 of 1996 making the rule absolute remanding the suit to the lower appellate court directing to disÂpose of the appeal within 6 months from the date of the receipt of the record for writing a proper judgment in the light of the observations made there in setting aside the judgment and decree......sp; ...... the suit land. 2. The High Court Division while remandÂing the suit observed as under: "The only point to be decided as to whether the lower appellate Court was properly and legally reversed the findÂings of the trial Court. I have heard the learned Advocate of both sides,..Category: Procedural Law | Date: | Hits: 76
Afsar Uddin Sarker Vs. Md. Aftabuddin & others, 2002, 31 CLC (AD)
....the Wakf Ordinance, 1962 reads as follows: "The officer or agent or official mutawalli, or the managing committee appointed under sub-section (3) for the management of any wakf property taken over by the administrator under sub-section (1) shall frame a scheme for the admini......e court) instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1-7. Not represented-Respondent Nos. 8-16. Civil Appeal No.128 of 1997. (Form the judgment and order dated 18.08.1997 passed by the High Court Division Civil Revision No. 1866 of 1997). ......r can not amend or change the scheme of the management of the said wakf estate. But we find that the provision of sub-section 5 of section 34 of the Wakf Ordinance, 1962 empowers and authoress legally the wakf administrator to make necessary amendment/change or variation of the "s..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Azizul Huq Vs. Sree Purna Chandra Das, 2001, 30 CLC (AD)
....ded in the 'bainapatra' originally belonged to him and his brother Rajendra. This Rejendra died leaving behind his widow Dhairjay Bala and the defendant and Dhairjay Bala are now owners of the property. It is the further case of the defendant that when the defendant wanted to send his son t......pellate Division (Civil) Present Latifur Rahman CJ Mahmudul Amin Coudhury J Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Azizul Huq alias Md. A. Aziz and others ...............Appellants Vs. Sree Purna Chandra Das alias Sree Purna Cha...... that Division for hearing the appeal afresh on merit. The appeal is accordingly allowed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 214. ..Category: Property Law | Date: | Hits: 32
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