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Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)
....t @ 20% per annum including penal interest and also praying that in case of the failure of the defendant petitioner to pay the decreetal dues, to make the decree final and direct sale of mortgaged properties and also to pass a personal decree against the defendant petitioner in respect of t...... Abedin J Md. Abdul Matin J. Md. Nurul Hoque Sarker………………….....Petitioner Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other....Respondents Judgment August 3, 2008. Case Referred To- Sul......4 similar principle has been laid down. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interference. The pet..Category: Civil Law | Date: | Hits: 106
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
.... well as lower appellate Court and also considering evidence on record held that the lower appellate Court after discussing the evidence, both oral and documentary, elaborately and after proper assessment of evidence on record came to the finding that the plaintiff had been able to pro......Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Elahi Mondal……………………Petitioner Vs. Juran Mondal and others……........Respondents Judgment July 30, 2008. Lawyers...... title and possession in the suit land and further the concurrent finding of facts should not be disturbed unless it is manifestly perverse and some are of the view that there being no illegality or infirmity in the above decision no interference is called for. The petition is d..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
....he suit. The finding of the learned Subordinate Judge on possession having been based on no evidence the same is liable to be set aside; that the judgment of the learned Subordinate Judge is not a proper judgment of reversal and is no sustainable in law. The suit being a suit for declaratio...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Jitendra Nath Bachar being dead his heirs; 1(a) Bancharam Bachar and another...... Plaintiff-petitioners. Vs. Badhakanta Sardar being dead his he...... hesitation to agree with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 127. ..Category: Property Law | Date: | Hits: 22
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....d on the year 2001-2002 the Government Audit Team raised objection regarding loss of Government to the extent of Tk. 1,00,00,000/-(one crore) as the two Trade Unions illegally leased out government properties and misappropriated the proceeds realized against those leases and further in the inter......e Court Appellate Division (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Solaiman and others…..............Petitioners (In both cases) Vs. Government of Banglad......he Ministry of Industries, and on the year 2001-2002 the Government Audit Team raised objection regarding loss of Government to the extent of Tk. 1,00,00,000/-(one crore) as the two Trade Unions illegally leased out government properties and misappropriated the proceeds realized against those le..Category: Civil Law | Date: | Hits: 84
Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)
.... in the certificate Case No.90/81-82 held by the then C.O. Revenue, Daulatpur Circle, Phultala, is collusive, fraudulent, illegal, void and not binding upon plaintiff stating, inter alia, that the property measuring an area of 1.14 acres of recorded in S.A. Khatian No. 168 within mouza Paikgram ...... This Case is also Reported in: VI ADC (2009) 110. ......sistant Judge, Phultala for declaration that the auction dated 04.01.1983 in the certificate Case No.90/81-82 held by the then C.O. Revenue, Daulatpur Circle, Phultala, is collusive, fraudulent, illegal, void and not binding upon plaintiff stating, inter alia, that the property measuring an area..Category: Property Law | Date: | Hits: 26
Salah Uddin Shoaib Choudhury Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....n and the writ petition is not maintainable. 6. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 89. ......t: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Salah Uddin Shoaib Choudhury….................Petitioner Vs. Government of Bangladesh and others….....Respondents Judgment July 1, 2008. Lawyers involved: ...... 2. The facts, in short, are that the petitioner is a Journalist, peace activists in Bangladesh and the Editor, Weekly Blitz. He brought this action to perform his public duty to protect present legal system as enshrined in Article 21 of the Constitution of the People's Republic of Bangladesh ..Category: Criminal Law | Date: | Hits: 43
RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)
....o have been done without lawful authority. We find no merit in the petition and accordingly the same is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 80. ...... Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Rajdhani Unnayan Kartripakkha (RAJUK)….....Petitioner Vs. Dhaka Water Supply and Sewerage Authority and other……Respondents Judgment November 29, 200......e delivery of possession of the land within the time and thus the respondent No.1 acquired a vested right to the allotted land and as such the impugned memo canceling the allotment is illegal, arbitrary and without jurisdiction. 3. The appellant as respondent in the writ petition, fi..Category: Property Law | Date: | Hits: 28
Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)
....Amin J.- This appeal, by leave, is against the judgment dated November 3, 1991 of the High Court Division in Writ Petition No. 448 of 1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the "khas list of the abandoned buildings without lawf......lso Reported in: 17 BLT (AD) (2009) 65. ......1988 making the Rule absolute and thereupon declaring that the property in question has been listed in the "khas list of the abandoned buildings without lawful authority and the same is of no legal effect and that made further direction to the Government to exclude the property from the lis..Category: Property Law | Date: | Hits: 29
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
....The authority competent to impose the penalty shall consider the report of the enquiry committee, the statement of the employee and other circumstances, if any, impose such penalty as it may deem proper in the circumstances of the case. The decision of the authority shall be communicated in ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Hassan Ameen J Bangladesh Muktijoddha Kalyan Trust and another……….Petitioners Vs Md. Arshad Ali and others…&h......005 of a Division Bench of the High Court Division in Writ Petition No.7981 of 2002 making the Rule absolute and thereupon declaring the removal of the writ petitioner, herein respondent No.1, not legal and also making direction to instate the writ petitioner in the service. 2. The writ p..Category: Employment/Service Law | Date: | Hits: 408
Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)
....ound of the discussion made hereinbefore we do not find merit in the petition. Accordingly, petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 58. ...... BLT (AD) (2009) 58. ......ot; and thereupon set aside the order of dismissal on the finding that the said order of dismissal in respect of the respondent No.1 herein i.e. petitioner before the Administrative Tribunal was illegal, void, without jurisdiction and thereupon made the direction to the following effect "O...Category: Administrative Law | Date: | Hits: 96
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....f the local MP belonging to the ruling BNP Jamat 4 party alliance. The petitioner has been discharging his duties and functions as the elected Chairman of Surma Union Parishad honestly, sincerely, properly and diligently and with full satisfaction of all concerned except his local political riva...... J Md. Joynul Abedin J Md. Hassan Ameen J Amir Hossain Reza………………………......Petitioner Vs. Bangladesh and others…………..... .Respondents Judgment February 10, 20......assed the impugned order on consideration of reply of the petitioner and the Rules thereunder. So the impugned order passed by the authority in accordance with law and the same does not suffer from legal infirmity. 7. It appears from the record that 11 members of the concerned Union Parish..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
.... No.1 shall not be declared to have been passed without lawful authority and is of no legal effect and or such other or further order or orders passed as to the High Court Division may seem fit and proper. The High Court Division was also pleased to stay further proceedings of Mortgage Suit No.3......late Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J M/S. S. Rahman & Company Limited and another…..Petitioner Vs. The United Commercial Bank Limited and others&he......ed order dated 21.01.1996 (Annexed as Annexure-A to the Writ Petition No.2727 of 2000) passed by the respondent No.1 shall not be declared to have been passed without lawful authority and is of no legal effect and or such other or further order or orders passed as to the High Court Division may ..Category: Property Law | Date: | Hits: 37
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
.... suppressing all processes. The said auction purchase was set aside by the decree passed on 31.12.1966 in Title Suit No.119 of 1965. The plaintiffs have no got right, title and interest in the suit property. 4. The trial court on consideration of the materials on record dismissed the suit....... (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Abdul Quddus Matabbar....................Appellant Vs Yousuf Ali Bayati and others…....Respondents Judgment June 25, 2005. Lawyers Involved: ...... decree of dismissal of the suit by the trial court and the court of appeal. 5. Leave was granted to consider the submission that the learned Single Judge of the High Court Division acted illegally in holding that the unilateral kabuliyats were admissible in evidence without calling for t..Category: Property Law | Date: | Hits: 28
Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)
....ocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 24. ......ved: A.K.M.Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 131 of 2006. (From the judgment and order dated 13.07.2005 passed by the High Court Division in Civil Revision No.1162 of 2002) ......are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. 9. The learned Advocate-on-Record could not point out any other legal infirmity in the impugned judgment. The Petition is dismissed. Ed. This C..Category: Property Law | Date: | Hits: 21
Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)
....rding the earlier verdict of the civil Court which manifestly being illegal and without any lawful authority, is liable to be struck down. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg......Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Bangladesh Water Development Board and others……....Petitioners Vs Md. Quamruzzaman………&......ivision Assistant of the Board of Trustee instituted Title Suit No. 857 of 1985 before the 4th Court of Munsif (now Assistant Judge), Dhaka seeking declaration that the above Memo dated 3.3.83 is illegal and not binding upon him and on 8.2.1987 the above suit was decreed in his favour in view of ..Category: Employment/Service Law | Date: | Hits: 122
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....on 13-9-1989, when Section 5(2) of the Prevention of Corruption Act, 1947, prescribed only the punishment of imprisonment or fine or both and did not prescribe the punishment of confiscation of the property to the State and this punishment of confiscation of property to the State was prescribed ......; 14 MLR (AD) (2009) 168. ......ed person. The former President without verifying the truth of the statements and without taking steps for such verification passed order for giving allotments to these persons directly which was illegal. It was further alleged that no transfer could be made without construction on the land, but i..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
....nd of justice will be met if they are directed to maintain status quo till disposal of the present suit i. e Title Suit No. 13 of 2005. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel ...... 111. ...... 13 of 2005. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference..Category: Property Law | Date: | Hits: 27
Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)
.... Rule. 2. The plaintiffs instituted Title Suit No. 41 of 1983 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration that the oral amicable partition of the properties left by late Mubarak Ali effected by his heirs in the year 1940 which was subsequently e......tructed by Nurul Islam Bhuiya, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 251 of 2006. (From the judgment and order dated 16.11.2005 passed by the High Court Division in Civil Revision No.983 of 2000.) ......of the properties left by late Mubarak Ali effected by his heirs in the year 1940 which was subsequently embodied in a deed of partition in the year 1970 by all the heirs and successors was valid, legal, effective and binding upon the defendants Nos.1-17. 3. The defendant Nos. 9-16 contes..Category: Property Law | Date: | Hits: 21
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....a Rin Adalat, 2nd Court, Dhaka shall not be declared to be without lawful authority and was of no legal effect and/or such other or further order or orders passed as to this court may seem fit and proper. Pending hearing of the said rule, the High Court Division stayed all further proceedings in......irul Kabir Chowdhury J Md. Joynul Abedin J Irshad Hossain ……..........Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others. .........Respondents ......e Constitution and the proceedings of Artha Rin Suit No.315 of 2004 now pending before the Artha Rin Adalat, 2nd Court, Dhaka shall not be declared to be without lawful authority and was of no legal effect and/or such other or further order or orders passed as to this court may seem fit and..Category: Civil Law | Date: | Hits: 80
Sheikh Abul Hossain and others Vs. Khulna Development Authority , 2007, 36 CLC (AD)
....to allow or reject the application of the petitioner. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 79. ......se is also Reported in: VI ADC (2009) 79. ......ion that a letter under memo No.105/86-88-9420 dated 05.01.1989 issued by the defendant respondent No.1 herein refusing to return the land described in the schedule of the plaint to them is illegal, void etc. and that the plaintiffs are entitled to get back the schedule land @ Tk.712/- per ..Category: Property Law | Date: | Hits: 26
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