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Mosammat Namiran Nessa Vs. Aftaruddin & othÂers, 2007, 36 CLC (AD)
....e judgment and order dated 16.08.2005 passed by a Single Bench of the High Court Division in Civil Revision No.3175 of 2002 heard analogously with Civil Revision No.3154 of 2002 making the Rules absolute. 2. The plaintiffs of Other Class Suit No.3 of 1999 instituted the suit in the Court ......cision. There is no cogent reason to interfere with the judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 662. ......he brother's son of Namiruddin and the defendant Nos. 4 -22 are heirs of Nishi Bewa and Namiran Nessa was not a blood relation of Namiruddin. The High Court Division accordingly concluded that the trial Court on consideration of the evidence on record rightly found the Wasiyatnama to be valid to......er. Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-22. Civil Petition for Leave to Appeal No. 356 of 2006. (From the judgment and order dated 16.08.2005 passed by the High Court Division in Civil Revision No. 3175 of 2002.) ..Category: Property Law | Date: | Hits: 23
Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)
....ul Amin J.- This petition for leave to appeal has been filed against the judgment dated June 29, 2003 of a Single Bench of the High Court Division in Civil Revision No.46 of 2000 making the Rule absolute obtained against the judgment and decree dated August 26, 1999 of the Court of Additional Di......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ...... No.1 denying the material averments made in the plaint and claiming right, title and interest in the land in suit and also claiming that the decree obtained by him was quite genuine. 5. The trial Court decreed the suit in part upon declaring the decree obtained in Title Suit No. 19 of 197...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Joynul Abedin J Mosammat Ashrafee Begum and others ........Petitioners Vs. Md. Siddiqur Rahman Patwari and others ........Re..Category: Property Law | Date: | Hits: 20
MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)
.... at the instance of the defendants is directed against the judgment and order dated 22.5.2007 passed by a Single Bench of the High Court Division in Civil Revision No.1743 of 2006 making the Rule absolute. 2. The short fact is that the respondent as plaintiff instituted the aforesaid Title......ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 655. ......onsidered the plaintiffs case judiciously and passed order of his retirement with effect from 24.9.1996 when he attained the age of retirement though the order was passed on 1.1.1998. 4. The trial court on consideration of evidence and materials on record decreed the suit by the judgm...... Appellate Division (Civil) Present: M.M. Ruhul Amin J Md. Joynul Abedin J Md. Abdul Matin J Managing Director, Natore Sugar Mills Limited, Natore and others..........Petitioners Vs. Md. Mostafizur Rahman………&hel..Category: Employment/Service Law | Date: | Hits: 61
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....is petition for leave to appeal is directed against the judgment and order dated 15.03.2005 passed by a Single Bench of the High Court Division in Civil Revision No. 1364 of 2002 making the Rule absolute. 2. Short facts are that the pre-emptor instituted Miscellaneous Case No. 13 of ......rrect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 649. ......o. 1 erected dwelling hut on the case land and has been residing there and also made improvement of the case land by earth filling and excavating tank at a cost of Tk. 50,000/-. 4. The trial court allowed the miscellaneous case with improvement cost of Tk. 20,000/-. Being aggrie...... by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-54. Civil Petition for Leave to Appeal No. 873 of 2005. (From the judgment and order dated 15.03.2005 passed by the High Court Division in Civil Revision No.1364 of 2002.) ..Category: Property Law | Date: | Hits: 26
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....nbsp; pre-emptors were owner of Plot No. 981 and 962 and those two plots were contiguous to the Plot Nos. 967,966,965 and 964; that the land of those four plots belonged the pre-emptee Nos. 2-4 who sold 0.57 decimals of land from those four plots by kabala deed No. 8257 dated 22.05.1997 in ......ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......(3)(a) of the State Acquisition and Tenancy Act. 5. It appears from the record that the pre-emptor filed a pre-emption case under Section 96 of the State Acquisition and Tenancy Act and the trial Court dismissed the pre-emption case holding that the pre-emptors were not the contiguous lan......te Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Mosa. Rabeya Khatun................Petitioner Vs. Md. Afzal Hossain Prang. and others……………..........Respondents Judgment Sep..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....bsp;Md. Ruhul Amin J. - This appeal, by leave, is by the defendant No. 1 against the judgment of the. High Court Division dated February 1, 1999 in Civil Revision No.1182 of 1997 making the Rule absolute upon reversing the judgment and decree dated October 7, 1996 of the Court of Subordinate Jud......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ...... disregard of the law and rules to the post of Stenographer, that the promotion so made was not acted upon,' that the promotion was illegal and as such the same was legally cancelled. 6. The trial Court dismissed the suit on the finding that in promoting the plaintiff to the post of Stenog......Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md.Tafazzul Islam J Secretary, Zilla Parishad, Faridpur.........Appellant Vs. Md. Lutfur Rahman and others ..........Respondents Judgment March 20, 2005. Lawyers Involved: ..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....d. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment dated April 19, 2005 of a Single Bench of the High Court Division in Civil Revision No.1910 of 2003 making absolute the Rule which was obtained against the judgment and decree dated February 8, 2003 of the 2n......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......as such the RAJUK cancelled the allotment on May 21, 1995 and upon such cancellation allotted the land in suit to the defendant No. 2 on observation of the formalities. 6. The trial Court dismissed the suit on the finding that the lessor cancelled the lease legally and as su...... Present: Md. Ruhul Amin M.M. Ruhul Amin Md. Tafazzul Islam J Rajdhani Unnayan Kartripakkha (RAJUK)………Petitioner Vs. Iqbal Ahmed and others .........Respondents Judgment August 28, 2006. Lawyers Involved: ..Category: Property Law | Date: | Hits: 30
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....by leave, is by the petitioners in the Miscellaneous Case against the judgment dated December 2, 1997 of a Single Bench of the High Court Division in Civil Revision No. 3504 of 1991 making the Rule absolute obtained against the judgment and order dated November 30, 1989 of the Court of District Judg......g the suit and there is no laches on their part before the ex parte decree. Had petitioner No.4 been not attacked with fever at the relevant time than definitely he would take steps when the suit was called for hearing". On the question of limitation, the appellate Court has observed that petitioner......enuine they allowed the suit to be decreed ex parte. It was also the contention of the plaintiff-opposite parties that by the ex parte decree defendants had not suffered any loss or injury. 7. The trial Court on consideration of the evidence of PWs 1-3 arrived at the finding that the defendant pe......This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702...Category: Limitation Law | Date: | Hits: 171
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
....d by the respondent Co. without the consent of the plaintiff-petitioner. It was alleged that the terms and conditions in the draft agreement which were earlier approved by the plaintiff being deleted some new conditions had been included by the defendant Co. by practicing fraud. 3. The defendant-......pondent. 11. It appears that the draft agreement purported to have been made has not been produced before any courts. The plaintiff further asserted that after the fraud was detected the plaintiff called the defendant-respondent and after discussion with the consent of the defendant a "ঘোষà......luding the evidence, found that the plaintiff failed to make out the lease and, as such, correctly dismissed the suit, and that the High Court Division, in its turn, affirmed the said judgment of the trial Court and there being no illegality in the impugned judgment and order of the High Court Divis......udgment July 4, 2005. Result: The appeal is dismissed Lawyers Involved: Fida M Kamal, Additional Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the..Category: Property Law | Date: | Hits: 41
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....or India; that Dil Mohammad is enjoying the suit land since 1351 BS and SA Khatian Khatian No.635 has been recorded in his name and he paid rents accordingly; defendants (appellants herein) Predecessor Sudhir Chandra was known to the plaintiff-respondent and on his request he was allowed to resid...... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......creating a forged "document previously filed SCC Suit No. 2 of 1989 against the appellants for eviction as tenant and lost there; the suit is false and is liable to be dismissed. 4. The trial Court dismissed the suit and on appeal the same was decreed. The defendant-appellant unsucces......ion (Civil) Present: Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Badal Chandra Das and others.....................Appellants Vs. Amena Khatun……&h..Category: Property Law | Date: | Hits: 25
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....sed by the High Court Division in Second Appeal No. 548 of 1978 disposing of the appeal with observation and finding, inter alia, that the present suit has been filed by Abul Kashem Howlader only, so the portion of the judgment of the trial court which has been upheld by the appellate Court, ne......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......nd Appeal No. 548 of 1978 disposing of the appeal with observation and finding, inter alia, that the present suit has been filed by Abul Kashem Howlader only, so the portion of the judgment of the trial court which has been upheld by the appellate Court, needs some modification and accordingly, ...... M.A. Aziz J Abul Kashem Howlader & ors……………………………..Petitioners Vs. Md. Kashem Ali Khan and others.............Respondents Judgment February 16, 2005. Lawyers Involved..Category: Property Law | Date: | Hits: 102
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
....les, 2007, rule 17 A notice under section 26 of the Anti-Corruption Commission Act, 2004 and Rule 17 of the Rules 2007 asking the writ petitioner to submit a complete statement of her property and sources of her income does not offend her right guaranteed under Article 35(4) of the Constitution a...... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......an error of law in construing section 26(2), inasmuch as there are opportunities for the person concerned to explain and defend himself/herself at the time of the enquiry and investigation as well as trial in the court of law in accordance with the laws of the country. He submits that the High Court...... Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission and others.............Appellants-Petitioners (In all cases) Vs. Sheikh Hasina Wazed………â..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....The present appeal, by leave, is by the plaintiff against the judgment and order dated December 2, 1997of a Single Bench of the High Court Division in Civil Revision No.1056 of 1995 making the Rule absolute and thereby dismissing the suit upon reversing the judgment and decree dated November 26, 199......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ...... and also baseless since the suit premises is a commercial plot within commercial area and the question of construction of a residential building is a malafide plea taken for evicting them. 4. The trial Court on detailed discussions and consideration of the evidence of the parties decreed in the ...... Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Md. Fazlul Haque J Most. Bulbul Begum……………………….....Appellant Vs. Mohammad Sanwar Belal and another.........Respondents Judgment March 30, 2003. Cases Referred To- 40 DLR (AD) ..Category: Tenancy Law | Date: | Hits: 169
Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)
....hers ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42, AFM Naziruddin Vs. Hameeda Banu, 45 DLR (AD) 38; Secreta......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......ribed in the schedule of the plaint and for further declaration that the Memo No.560 dated 09.06.1984 issued by the defendant No. 6 (Sub Divisional Engineer, P.W.D., Sub-Division No. 1 Tejgaon Industrial Area, Dhaka) is illegal, unlawful, without jurisdiction and not binding upon the plaintiff. ......-1(a) Hasan Ali Matbar & others ….........Respondents Judgment June 29, 2005. Cases Referred To- Director of Housing & Settlement Vs. Abdul Majid Howlader and others, 9 MLR(AD) 73; Gannysons Ltd. Vs. Sonali Bank, 37 DLR (AD) 42, AFM Naziruddin Vs. Hameed..Category: Property Law | Date: | Hits: 25
Sushil Kumar Ghose & another Vs. Md. Nurul Howlader & others, 2005, 34 CLC (AD)
....l are directed against the common judgment and order dated 09.02.2003 passed by a Single Bench of the High Court Division in Civil Revision Nos. 2218, 2219 & 2220 of 1991 making all the Rules absolute. 2. Shorts facts are that the pre-emptor instituted pre-emption Miscellaneous Case No......orrect decision and there is no cogent reason to interfere with the same. All the leave petitions are dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2009) 69. ......the case lands were sold, none of them had any subsisting interest in the case holdings. Rather, they acquired interest by the subsequent purchase when the cases were already pending. 4. The trial court upon consideration of the materials on record dismissed all the pre-emption cases with..........Respondents (In all the cases) Judgment July 30, 2005. Lawyers Involved: Md. Aftab Hossain Advocate-on-Record-For the Petitioners (In all the cases) Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 1 (In all the cases) Not represented- Fo..Category: Property Law | Date: | Hits: 25
Md. Faisal Ansari Vs. State, 2008, 37 CLC (AD)
.... and the accused is in condemn cell. The 3rd Judge ought to have decided the case finally instead of entertaining a preliminary issue on the mode of disposal of the matter keeping the condemned prisoner in condemn cell. This procedure cannot be approved. The 3rd Judge has not given his ‘op...... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ...... Accordingly the criminal appeal is disposed of and the 3rd Judge is directed to dispose of the matter finally in accordance with law. Ed. This Case is also Reported in: ......June 15, 2008. Lawyers Involved: Abdul Malek, Senior Advocate (Anisul Huq, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellant Md. Ali Akand, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record- For the Respondent&nbs..Category: Criminal Law | Date: | Hits: 52
Shahar Ali and others Vs. State, 2008, 37 CLC (AD)
....ns Case No.142 of 1993 by the learned Additional Sessions Judge, First Court, Mymensing convicting the petitioners under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk.5,000/- each in default to suffer rigorous imprisonment fo...... about marks of any burn injury on the body of the deceased. 3. The learned Counsel upon referring to the evidences of P.Ws.1-4 has submitted that these witnesses did not say that victim was called from his house by the petitioners. He has also referred to the fact that mother and full br...... 6(six) months more. 2. Mainul Hosein, the learned Senior Advocate who appeared on behalf of the petitioners has referred to relevant observations of the High Court Division and also of the trial court and submitted that both the courts below relied on the confessional statement of accuse...... Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Shahar Ali and others............Appellants Vs. The State.............................Respondent ..Category: Civil Law | Date: | Hits: 87
M/s. Pak Eastern Industries Ltd. Now M/s. Bangla Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (AD)
....s purportedly acquired by the respondents under Section 93A of the Town Improvement Act, 1953 in Special L.A. Case No.8 of 1964-65 for setting up a Rehabilitation Zone for rehabilitation of the persons affected by the Scheme of Uttara Model Town. No notice was served on the appellants. Possessio......the trial involved in acquisition for assessment of compensation at TK.80,000.00 per acre without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD)(2009) 1. ...... purchased land and developed it and converted the same into bhiti land. The aforesaid bhiti land with an area of 11.5750 acres of C.S. Plot Nos.45, 46, 48, 49, 70 and 76 along with running 8 industrial units set up by the appellants at a huge cost was purportedly acquired by the respondents und......san Ameen J M/S. Pak Eastern Industries Ltd Now M/S. Bangla Industries Ltd............. Appellants (In both the appeals) Vs. Government of the People's Republic of Bangladesh and another............ Respondents (In Civil Appeal No. 142 of 2005) Rajdhani Unnayan Kart..Category: Property Law | Date: | Hits: 37
Aung Kyoching Chowdhury Vs. State, 2008, 37 CLC (AD)
.....5(8)92 and 4(8)92 convicting the accused petitioner under sections 409/468/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 and sentencing him to suffer rigorous imprisonment for 1(one) year and to pay a fine of Tk. 15,000/-(fifteen thousand) and Tk. 14000/- (fourtee......arrived at a correct decision. We therefore find no reason to interfere with the same. The leave petitions are accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 981. ......e and false implication. The work of the project was done utilizing the entire rice withdrawn and correct ‘'Master Roll' was submitted. 5. The learned Divisional Special Judge, Chittagong after trial found the accused-petitioner guilty under sections 409, 468, 109 of the Penal Code and section......cate-on-Record- For the Petitioners (In both the cases) Not Represented- For the Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 553-554 of 2007. (From the judgment and order dated 21.5.2007 by the High Court Division in Criminal Appeal Nos.3888 and 3889 of 2002.) ..Category: Anti-Corruption Laws | Date: | Hits: 117
A. H. M. Mustafa Kamal @ Lotus Kamal Vs. Bangladesh, 2008, 37 CLC (AD)
....y qualified man and he was the former Member of parliament from Comilla-9 constituency and he is the founder of Lotus Kamal group one of the largest corporate business houses of the country. He was also elected as CIP five times from 1990 to 2001. 6. Immediately after receiving notice at Sylhet ......urpose of enabling something to be done and prescribes the formalities which are to attend its performance, those prescribed formalities which are essential to the validity of the thing when done are called imperative (or mandatory); but those which are not essential, and may be disregarded without ......n No. 8254 of 2007. 4. The facts of the case of the petitioner are as under:- 5. The petitioner is a law abiding and peace loving citizen of Bangladesh, and Income Tax Payee businessman, industrialist and earner of huge foreign currency for the country. He is a highly qualified man and he wa......n J Md. Abdul Matin J A. H. M. Mustafa Kamal @ Lotus Kamal ...........Petitioner Vs. Government of the People’s Republic of Bangladesh represented by Secretary, Ministry of Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others............Respondents ..Category: Civil Law | Date: | Hits: 125
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