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Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....ow did not at all consider this material aspect of the case and upon such non consideration allowed, the preemption case which is an error resulting in an error in the decision occasioning failure of justice. He contended further that the courts below quoted the evidence of the O.P.W.1, pre-emptee w......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......Civil Revisional Jurisdiction) Present: Md. Mamtaz Uddin Ahmed Md. Mokbul Hossain………………………Pre-emptee-Appellant Petitioner Vs. Md. Umar Ali and others……….Pre-emptor Respondent-Opposite Parties Judgment November 5, 2009. Cases Referred To- Abdul Mazi......at the courts below quoted the evidence of the O.P.W.1, pre-emptee without discussing the evidence of P.W.1 (preemptor), his witnesses has allowed the pre-emption beyond the scope of the principle of law and thereby, committed error of law which is an error in the decision occasioning failure of jus..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....urchaser-respondent No.1 hereof on the basis of said deed but the High Court Division misconstrued the facts as well as the relevant law and thereby arrived at a wrong decision occasioning failure of justice and that the High Court Division also arrived at a wrong decision occasioning failure of j......uit by filing three separate written statements. 4. The defendant No.1 claimed that plaintiff Fazlul Karim got the suit property from his father by registered deed of gift dated 26/04/1952 and accordingly got his name mutated with the Municipality and at the time of execution and registra......n J Surendra Kumar Sinha J Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate, represented by its Mutwalli Hajee Afazullah Khan……………………..Petitioner Vs. Most. Ayesha Khatoon being dead her heirs Farukh Ahmed and others…….....Respondents Judgment May 9, 2010. ......ed 17/12/1972 did not create any right, title and interest to the purchaser-respondent No.1 hereof on the basis of said deed but the High Court Division misconstrued the facts as well as the relevant law and thereby arrived at a wrong decision occasioning failure of justice and that the High Court D..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......s property of Mouza Daksin-Khan with the land of the plaintiff of Mouza Anandapur vide exchange deed No. 20155 dated 10.08.1981 and the delivery of possession of respective lands were made duty and accordingly the plaintiff (Khandaker Mokhlesur Rahman) since then was owning and possessing the suit....... Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1 (as substituted). Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 2489 of 2009. (From the judgment and decree dated 04.11.2009 passed by the High Cou......ry of khas possession and that the plaintiff having failed to produce the original exchange deed and the certified copy of the exchange deed not being proved as secondary evidence as per provision of law. both the Courts below acted illegally in decreeing the suit and that the High Court Division ..Category: Property Law | Date: | Hits: 31
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ...... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ......n-Record-For the Petitioners. Abul Kalam Mainuddin, Advocate Instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2309 of 2009. (From the judgment and order dated 11.11.2009 passed by the High Cour......eclaring that order dated 23.6.2009 issued by the respondent No.2 suspending the writ-petitioner from the office of Chairman, Kalipur Union parishad, Banskhali, Chittagong to have been passed without lawful authority and is of no legal effect and directing the respondents to hand over charge of offi..Category: Election Law | Date: | Hits: 96
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
.... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ...... fide and of no legal value. In the suit the plaintiffs filed an application for temporary injunction and the learned Assistant Judge by an order dated 05.01.2011, issued a notice upon the defendants to show-cause within 1(one) day from the date of its receipt as to why they would not be restrained ...... application but without exhausting the said forum illegally filed the revision under section 115(4) of the Code of Civil Procedure before the High Court Division and the high Court Division erred in law in entertaining the said civil revision. 7. In reply, Mr. T.H. Khan, the learned counsel appe..Category: Civil Law | Date: | Hits: 91
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....ct Judge evidently erred in law in giving the plaintiff a decree for money instead of a decree for specific performance of the contract by making out third case and the same has occasioned failure of justice. The learned Advocate further submits that in the absence of any pleading for hardship by st......sided in the hut and he continued to do so on the permission of the plaintiff. He further stated that defendant No.1 himself supplied the stamp papers for writing of the bainapatra, which was written according to his instructions. He stated that requisite stamp for a sale deed worth Taka 60,000 was ......cific performance of a contract in the Court of the Subordinate Judge, Bhola being Title Suit No. 78 of 1986, against defendant opposite party No. 1 alleging, inter alia, that the defendant entered into an agreement with him for sale of the suit property at a consideration of Taka 60,000 out of whic......found that the contract in question is a genuine and valid one and the contesting defendant never pleading any case of hardship in his written statement, the learned District Judge evidently erred in law in giving the plaintiff a decree for money instead of a decree for specific performance of the c..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....01 and they have done so with the ill motive of helping the so-called newly elected members. By the said act they have definitely flouted the authority of this Court and also obstructed the course of justice. The view taken us gets support from the case reported in 15 DLR (SC) 355 [AG. West Pakistan...... Appellate Court only commences from the time of its communication but a Full Bench of Allahabad High Court in the case of Passotam Saram Vs. Barinanand (ILR 50 All 41) has taken a middle course and, according to that Court, it operates from the time of its passing against parties to the proceedings......ners. Mahbubey Alam, Advocate—For the Respondent Contemners. Contempt Petition No. 83 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be committed for contempt of court for non-complying with th...... in their affidavit-in-opposition the contemner respondents although pleaded for apology but they have also attempted to justify their action and, as such, the apology is not an apology in the eye of law and must be rejected. 6. Mr. Mahbubey Alam, the learned Counsel appearing for the contemner r..Category: Civil Law | Date: | Hits: 70
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....eous decision; that the High Court Division was wrong in passing the impugned judgment and order on wholly inadmissible evidence and on extraneous consideration and the same has occasioned failure of justice in this case. The learned Advocate further submitted that the conviction and sentence are ba......nocence of the accused petitioner will continue until it is finally decided by the last Court of appeal and it is the duty of the prosecution to show the Court that the judgment and order were passed according to law and on the basis of the admitted and proved and evidence on record. 7. It appear......ay 24, 2009. Lawyers Involved: Nikhil Kumar Saha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 251of 2008. (From the judgment and order dated the 25th day of February, 2008 passe......rocedure; that the High Court Division has misread, misconstrued and misunderstood the materials and evidence on record and consequently miscomprehended the facts of the case and misapplied the law; that there is no motive in the present case for the purpose of committing murder and that the p..Category: Criminal Law | Date: | Hits: 40
State Vs. Masum and others, 2010, 39 CLC (AD)
.... neither proper nor in accordance with law. The learned Additional Attorney General further submitted that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ..............Petitioner Vs. Masum and others……………........Respondents Judgment February 7, 2010. Result: Leave is granted. Lawyers Involved: AKM Zohirul Huq, Additional Attorney General, instructed by Md. Mushfiqur Rahman Khan, Advocate-on-Record-For the Petitioner. A......tioner submitted that the High Court Division erroneously decided and passed the impugned order granting bail to the accused-respondents and as such, the same is neither proper nor in accordance with law. The learned Additional Attorney General further submitted that the High Court Division manifest..Category: Criminal Law | Date: | Hits: 47
Al-Haj Mohibur Rahman Vs. Most. Rahana Khatun @ Suvodra Rani Sarkar, 2010, 39 CLC (AD)
....ng the title and possession of the parties in the land and house. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 878.......ter. Now the plaintiff has unholy connection with other persons and illegally tried to dissolve the marriage. The plaintiff has no right to file this suit for dissolution of marriage. The plaintiff according to Muslim Sharia law on 20.10.1983 got married with the defendant and now they are living ......nt Judgment February 7, 2010. Lawyers Involved: Firoz Shah, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1361 of 2009. (From the judgment and order dated 02.12.2008 passed by the High Cour......unholy connection with other persons and illegally tried to dissolve the marriage. The plaintiff has no right to file this suit for dissolution of marriage. The plaintiff according to Muslim Sharia law on 20.10.1983 got married with the defendant and now they are living in their house as husband a..Category: Family Law | Date: | Hits: 200
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......f the Court Fees Act and having found no illegality in the order discharged the Rule. We find no illegality in the order of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......er 14, 2009. Lawyers Involved: Mohammad Hossain, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1025 of 2009. (From the judgment and order dated 26.02.2009 passed by the High Court......on record. 13. It appears that the High Court Division rightly held that the order of the learned Assistant Judge was passed after correctly assessing the valuation upon inquiry in accordance with law and in terms of the valuation of the suit property mentioned in the deed of gift assigning good ..Category: Civil Law | Date: | Hits: 65
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....have arrived 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: VII ADC (2010) 871.......essing the same, he transferred 40 decimals of land to Rekmat Ali by registered deed No. 2513 dated 25th February, 1948 and thereafter Kamar Ali also transferred 40 decimals of land to Rekmat Ali and accordingly Rekmat Ali became owner in possession of entire 80 decimals of land. Rekmat Ali died lea......m Khan, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent Nos. 1-2, 4-6 & 8. Not represented- the Respondent Nos. 3, 7, 9 & 10. Civil Petition for Leave to Appeal No. 2320 of 2009. (From the judgment and order dated 25.6.2009 passed by the High Court......n made the rule absolute and restored those of the trial Court. 5. Mr. Syed Amirul Islam, the learned Senior Counsel appearing for the petitioners submitted that the High Court Division erred in law in failing to consider that the Court of appeal below on consideration of the certified copy of ..Category: Property Law | Date: | Hits: 30
....reparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
......reparation of paper books is dispensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
...... is also Reported in: VII ADC (2010) 857.
...... issue "Letter of Consent" as prayed for by the petitioner.
5. Mr. Tufilur Rahman, learned Advocate, appearing for the petitioners submitted that the High Court Division upon mis-appreciation of law and fact came to erroneous conclusion that though as per clause 3.2 গ্যাস বিপন..
Category: Others | Date: | Hits: 82
....ef Justice had indicated that he had recommended said Additional Judges for appointment as Judges as their performance was satisfactory.
14. It is stated that said two Additional Judges dispensed justice for three years and the Chief Justice had expressly recommended them to be fit for appointme....... Khademul Islam Chowdhury, Mr. Justice Sikder Mokbul Hoque, Mr. Justice Surendra Kumar Sinha and Mr. Justice Md Abdul Wahab Mia for appointment of Judges of the High Court Division and the President accordingly appointed them us Judges on the basis of such recommendation. The Chief Justice however ......
Vs.
Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh................. Respondent
Judgment
July 17, 2008
Cases Referred to-
Khandaker Mostaque Ahmed vs. Bangladesh 34 DLR (AD) 222; Anwar Hossain Chowdhury vs. Banglade......of the High Court Division. He also disclosed that before such recommendation he had discussed with other Judges of the Appellate Division.
18. On 23-2-03 fact of recommendation and protest of the lawyers against non-appointment were widely circulated in the national media. Reaction of Mr. Abdul ..
Category: Constitutional Law | Date: | Hits: 252
....rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
......rit petitioners.
With the aforesaid observations the leave petition Nos. 90-93 of 2010 are disposed of without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 843.
......cate-on-Record-For Respondent Nos.1, 3 & 6 (In Civil Petition No. 93 of 2010).
Not represented-Respondent Nos. 2, 4-5 & 7-15 (In Civil Petition No. 93 of 2010).
Civil Petition for Leave to Appeal Nos.90-93 of 2010.
(From the judgment and order dated 23.08.2009 passed by the High Cou......nd further declared that the subsequent notification, so far relates to the post in which the respective writ petitioners have applied in response to the earlier notification, has been made without lawful authority and of no legal effect.
5. We have perused the leave petitions and heard the l..
Category: Employment/Service Law | Date: | Hits: 86
Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....as rightly issued. 4. Mr. Nurul Islam Bhuiyan, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division committed a grave error of law occasioning failure of justice in not finding that no show cause notice was issued prior to issuance of the impugned Memo c......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No.3. Not represented- Respondent Nos. 1, 2 and 4. Civil Petition for Leave to Appeal No. 49 of 2010. (From the judgment and order dated the 28th day of May, 2009 passed by ......tioner as Nikah Registrar was rightly issued. 4. Mr. Nurul Islam Bhuiyan, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division committed a grave error of law occasioning failure of justice in not finding that no show cause notice was issued prior to issu..Category: Civil Law | Date: | Hits: 111
Sayed and others Vs. State, 2009, 38 CLC (AD)
....ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......ove, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 830. ......nior Advocate instructed by Chowdhury M. Zahangir, Advocate-on-Record-For the Petitioners (In both the cases). Not represented- the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 212 and 205 of 2008. (From the judgment and order dated the 2nd day of December, 2......lt him with the arms in their hands. Nephew of the informant Taju Mia ran there to rescue Ramjan Ali. At that time, accused Aminul Hoque fired gun shot at Taju. At that time, informant's brother-in-law Hafizuddin and informant's neighbour Kafiluddin went forward and convict Aminul Hoque and Abdus ..Category: Criminal Law | Date: | Hits: 26
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ......om got 29½ decimals of land and thus were in possession. Narayan Chandra entered into an agreement with Rabeya Khatun but in the name of her son-in-law, the defendant No.1 for sale of his land and accordingly paid Tk. 3600.00 out of total consideration money of Tk. 4000.00 to Narayan Chandra and ...... Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2-12. Civil Petition for Leave to Appeal No. 378 of 2008. (From the judgment and order dated the 2nd day of August, 2007 passed ......s, Ramesh Chandra and Narayan Chandra, each of whom got 29½ decimals of land and thus were in possession. Narayan Chandra entered into an agreement with Rabeya Khatun but in the name of her son-in-law, the defendant No.1 for sale of his land and accordingly paid Tk. 3600.00 out of total considera..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... interest about the proposed acquisition of the land/immovable properties of the petitioner and others in L.A Case No.12/2006-2007 dated 02.10.2007. The petitioner and others in the hope of getting justice and adequate compensation value/price of their proposed acquired land did not raise any obje...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811....... Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 5 Not represented- Respondent Nos. 1-4 and 6-9. Civil Petition for Leave to Appeal No. 928 of 2008. (From the judgment and order dated the 11th day of February, 2008 pass......ve got very much shocked and astonished because of the price of per decimal of land fixed by the respondents. As a result, the petitioners sent a demand justice notice on 28.02.2008 through their lawyer praying for reassessment of the compensation by the respondents cancelling the said award n..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....he minor would be best secured and achieved in the custody of the mother. 17. The impugned judgment and order therefore does not suffer from any error of law or procedure nor results in failure of justice. 18. Consequently the Rule is discharged however without any order was to costs. The impu......med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......f both person and property. In the application, it is stated that her late husband Md. Zahirul Islam was the owner in possession of the property fully described in the schedule ‘Ka’ and ‘Kha’ to the application. During his lifetime, he borrowed about Taka 16 lakh from the House Building and ......4 of the Mulla’s Principles of Mohammedan Law and also the condition imposed in the earlier order appointing the mother as guardian of the minor, and submits that the appellate Court below erred in law in affirming the order of the Assistant Judge in re-appointing the mother as guardian because by..Category: Family Law | Date: | Hits: 179
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