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Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
.... judgment and order of the High Court Division dated 05-11-1998 in Writ Petition 5629 of 1996 discharging the Rule holding that the petitioner failed to prove by adducing any material that the case property, is not an abandoned property. 2. The appellant's case, in brief, is that the case land ...... Md. Hassan Ameen J Md. Harun-Or-Rashid…….........Appellant Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Dhaka and others………..........Respondents Judgment May 22, 2008. Lawyers Involved: Md. A......in 1976 by his relative Abdul Barek Howlader that one A.F.M. Abdul Jobbar, respondent No. 3 entered into the land in question by evicting his monthly tenant and took possession of the said property illegally. The appellant went to Bogra and made a complain to Bogra P. S. but it was revealed to the p..Category: Tenancy Law | Date: | Hits: 155
M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and others, 2007, 36 CLC (AD)
....hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......009) 43. ......price of the item in question had been collected and taken into consideration and as such the impugned fixation is liable to be declared to have been made without lawful authority and is of no legal effect. He then submits that the High Court Division erred in law in not holding that th..Category: Fiscal/Taxation Law | Date: | Hits: 70
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
....plaintiff-SBI, borrower-Tulip and the guarantors of the loan but the present appeal has been filed only impleading SABINCO and Managing Director which is a case of non-joinder of the necessary and proper parties; that SABINCO is not a borrower nor it stood as a guarantor for any loan availed by ...... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J State Bank of India.......Appellant Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. and another………Respondents Judgment June ......ting aside the impugned judgment and decree passing in F.A.T. No.358 of 1999 dated 14.06.1999 by the High Court Division. Ed. This Case is also Reported in: VI ADC (2009) 37. ..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
.... of the lease deed in favour of writ petitioner and leave petitioner took place, the High Court Division was wrong in failing to hold that the writ petition raised complicated issue of title in the property in question as well as disputed question of fact which could not be decided in writ petit......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Major (Rtd) Quazi Hasna Hena Begum........Appellant Vs. Lt. Col. Kazi Mansurul Islam and others .........Respondents Judgment April 6, 2008. Case Referred To- Akhlasur Rahm...... a letter from the office of the Dhaka Cantonment requesting him for his opinion for allotment of the plot in the joint name with his wife by a letter dated 28.06.1994. He replied that there would be legal difficulties in joint allotment and therefore, refused the proposal for joint allotment with h..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
.... respondents as writ petitioners filed Writ Petition Nos. 5392 of 1996 and 576 of 1198 challenging the proceeding of Land Acquisition Case No.1 of 1990-91 in so far it relates to the acquisition of property of the writ petitioners of Mouza Ozar Bhanga, J.L.No.165, Police Station-Daudkandi, Comil......espondents (In Civil Appeal Nos.137-138 of 2000) Judgment August 8, 2008. Cases Referred To- Alauddin Khanker (Md.) Vs. Secretary, Ministry of Land and others, 4 BLC (AD) 25; Bangladesh Vs. Golam Azam 46 DLR (AD). Lawyers Involved:......r acquisition of a property under section 5(1) of the Ordinance such decision is conclusive evidence that the property is needed for a public purpose or in the public interest. In this view of the legal position and when it could not be established by the writ petitioners that payment of compens..Category: Property Law | Date: | Hits: 42
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
....f law that in case of such custodial death of the wife the husband is considered to be responsible for such death unless he satisfactorily accounts for the death. The reason being that it is just and proper that the husband as the accused is to prove a fact i.e. especially within his knowledge as he...... 43 DLR (AD) 234; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonal......emedy is provided by law. 47. In the present case, since the infliction of death penalty on the condemned prisoner appeared to be inequitable and unjust the High Court Division was under a legal obligation to commute the death sentence to one of imprisonment for life in exercise of its in..Category: Criminal Law | Date: | Hits: 62
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....ection. 2. The short fact is that the respondent Nos. 1-3 filed the said Writ Petition No. 2526 of 2006 on the averments that they are the legal heirs of late Md. Nurul Haque Patwary and the property measuring 32.71 decimals or .3271 ajutangsha described in the auction notice dated 14.3.2......sent: Mohammad Fazlul Karim J Md. Tafazzul Islam Md. Joynul Abedin J Md. Hassan Ameen J Janata Bank...................Petitioner Vs. Rezwanul Haque and others….....Respondents Judgment November 15, 2007. Lawyers Involved......f 2006 disposing of the writ petition with direction. 2. The short fact is that the respondent Nos. 1-3 filed the said Writ Petition No. 2526 of 2006 on the averments that they are the legal heirs of late Md. Nurul Haque Patwary and the property measuring 32.71 decimals or .3271 ajut..Category: Property Law | Date: | Hits: 19
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
....ing than them to be added as Respondent for placing facts creating cause for passing the impugned Orders, the High Court Division should have allowed the petitioner to be added as a respondent for proper adjudication of the matter. 9. A.S.M Khalequzzaman, Advocate-on-Record, appearing for...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Mohammad Dabiruddin.................... Petitioner Vs. A.K. Rezaul Karim and others…….......Respondent Judgment July 23, 2007. Case Referr......i to file such application because they have not been aggrieved in any manner as they are neither printers nor publishers of the books forfeited by the impugned order. 7. That apart from the legal defects of the Writ petition, the contents of the books forfeited show that by those writings..Category: Constitutional Law | Date: | Hits: 114
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
.... to the writ petition should not be declared to be illegal and without jurisdiction and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 4. The High Court Division after hearing the parties discharged the Rule holding tha......sent: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J S.M. Fazlul Haque Manik......Petitioner Vs. Md. Habibullah Baher and others............Respondents Judgment October 3, 2007. Case Referred To-......reveals that the gunny bags containing the ballot papers were partly torn. The petitioner, therefore, contends that the impugned order allowing the application for recounting the ballot papers is illegal and cannot be sustained in law. 3. Challenging this order the petitioner moved the Hi..Category: Election Law | Date: | Hits: 98
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ......urt Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Rafique Hawlader @ Rafique Contractor and others…......Petitioners Vs The State............................Responden......09.2006 fixed for framing of charge after going on bail and prayed for discharging them on the grounds that there is no materials on record for framing of charge against them but police without any legal evidence submitted charge sheet against them along with others and prayed for their discharg..Category: Criminal Law | Date: | Hits: 31
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... Abdur Raquib, no kabala was executed or registered but subsequently in order to avoid any future complication, Haji Abdur Raquib by a registered deed dated 09.06.1989 admitted the sale of the said property in the year 1960 to the plaintiff and the plaintiff thus became the owner and possessor of...... Fazlul Karim J Md.Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Misbah Abedin..........Petitioner Vs. Muzmmil Ali and others…...... Respondents Judgment November15, 2007. Lawyers Inv......isional jurisdiction had no scope to interfere with it. The learned Counsel further submitted that the interference is not warranted when the concurrent findings of fact do not suffer from any legal infirmity as in the present case; that the main point to be looked into in this matter is wh..Category: Property Law | Date: | Hits: 29
M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. .........................Petitioner (In Civil Petition No. 48 of 06) Ahasan Habib ............................Petitioner (In Civil Petition No.49 of 06) Vs. Government of Bangladesh and others.....Respondents (In all the Civil Petitions) Judgment August 2, 2007. ......e of the right to exemption as per SRO-108 dated 11.06.1998 but suddenly by subsequent SRO-233-Ain/98/1763 dated 20.10.1998 the respondent No.1 has withdrawn the exemption after the petitioner made legal commitments losing his business which is inequitable and unjust as the petitioner has been d..Category: Fiscal/Taxation Law | Date: | Hits: 68
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
....rties, exhibits and deposition of both the parties rightly held that the appellant failed to make out a case of requirement. He also argued that the finding of the learned Single Judge is based on proper appreciation of materials on record and as such there is no question of failure if justice. ......, Advocate-on-Record-For the Appellant. Aynuddin, Advocate, instructed by Ataur Rahman, Advocate-on-Record-For the Respondent. Civil Appeal No. 27 of 2001. (From the judgment and order dated 22nd July, 1999 passed by the High Court Division in Civil Revision No.1637 ...... It was further alleged by her that the respondent is a defaulter as he did not pay the rent of December, 1990. It was also alleged that the respondent demolished the pucca wall of the suit shop illegally and without her permission and amalgamated the suit shop with the shop adjacent to wes..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.....1950 respectively to Mokbul Hossain and his two brothers. Mokbul Hossain died leaving 6(six) sons, defendant Nos. 1-5 and the predecessor of defendant Nos. 6 and 7 and they inherited the property of Mokbul Hossain. Total .95 acre of land has been recorded in the name of Mokbul Hossain...... Present: Md. Joynul Abedin J Md. Abdul Matin J Fazor Ali being dead his heirs: 1. Mst. Jahura Khatun & others ….......Petitioners Vs. Md. Marfat Ali and others ……………………….......Responden......ge of the High Court Division committed a grave error of law occasioning failure of justice in not finding that the court of appeal below upon misconception of law and misreading of the evidence illegally allowed the appeal and reversed the judgment and decree of the trial Court without advertin..Category: Property Law | Date: | Hits: 24
Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)
....he share to the extent of 2 anas+1 ana 4 pies= 3 anas 4 pies. Harendra died leaving behind two paternal Uncle's son, the defendant Nos. 1-2 and one widow Charubala who has got life interest in the property left by her husband. Thereafter Charubala died and as such, the defendant Nos. 1-2 have in......44. ......angla Shal, the defendant No.1 in collusion with the defendant Nos.2-3 and at the instance of the defendant No. 6 enclosed insider the land of the plaintiff and constructed a chala ghar and thus illegally dispossessed the plaintiff from the suit land and the defendants refused to remove tho..Category: Property Law | Date: | Hits: 23
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....No. 40 of 1994 reversing the judgment and decree dated 2-11-1993 passed by the First Court of the learned Subordinate Judge, Dhaka in Title Suit No.18 of 1985 decreeing the suit declaring the suit property to have been purchased in the benami of the defendant (respondent No.1). The appellant as,......d JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul K Chowdhury J Md Joynul Abedin J AH Md. Ali Haider Quoraishi......Appellant Vs. Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Proc......plaintiff could prove that the purchase was made by the plaintiff in the name of his wife respondent No. 1 and that the High Court Division failed to consider that the plaintiff could establish the legally required elements adducing evidence both oral and documentary proving that the transac..Category: Procedural Law | Date: | Hits: 173
.... by Additional District Judge Court, No.1 Narayangonj in Miscellaneous Appeal No.51 of 2006 should not be set aside and/or pass such other or further order or orders as to this court may seem fit and proper.
Pending hearing of the Rule let the operation impugned judgment and order dated 7.2.2007......Amin CJ
MM Ruhul Amin J
Md. Tafazzul Islam J
Md. Abdul Matin J
Md. Shahabuddin...............Petitioner
Vs.
Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd. and others .............. Respondents
Judgment
October 30, 2007.
Result:
The petition ......r declaration that the bill sent to the company by the defendant respondent No.1 vide memo No. আবিকা নাঃ গঞ্জ ১৩২/৬২৪ তারিখ ১৮/১/২০০৬ is illegal, hypothetical, null and void and not binding upon the company on the averments that at the req..
Category: Civil Law | Date: | Hits: 120
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ...... Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Feni and anr………………………Petitioners Vs......that the plaintiff has no title in the land in suit as the title of his predecessor, i.e. father, extinguished by acquisition in LA Case No. 2 of 1924-25 and thus possession of the plaintiff is not legal. 6. The plaintiff went on appeal and the appellate Court upon allowing the appeal decr..Category: Property Law | Date: | Hits: 25
Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....he decision to cancel the list, earlier prepared, containing the names of the Freedom Fighters who have figured in the respective writ petitions as petitioners since their names were listed without proper verification and that also made decision to stop payment of Honorarium since some of th......rt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Chairman, Bangladesh Freedom Fighters Welfare Trust and others......Petitioners Vs. Mominul Haque Bhuiyan and others....................R......earlier. 8. The High Court Division while making the Rule absolute has observed: "It appears that after examining all required documents of the petitioner and compliance of the required legal formalities as enshrined in Regulation 1984, the petitioner was finally granted 'State Honor..Category: Civil Law | Date: | Hits: 126
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....d another son Dulal Sheikh, a daughter Kuti Bibi and the son the defendant No.1, that on the death of second wife of Faizuddin plaintiffs and another son Dulal and daughter Kuti Bibi inherited the properties left by her, that Kuti Bibi's share was inherited by her three brothers, that on the dea...... Appellate Division (Civil) Present: Md Ruhul Amin CJ MM Ruhul Amin J Md Abdul Matin J Daliluddin Sheikh and others.........................Petitioners Vs Alek Sheikh alias Abdul Malek Sheik...... wife of the defendant No. 1 and that defendant No.1 got share in the land of 'Ka' and 'Kha' schedule to the extent of 3 annas 2 gondas and 2 kranti, but the defendant No.1 on different occasions illegally got the land of 'Kha' schedule auction sold and purchased the land of said schedule in the ..Category: Property Law | Date: | Hits: 32
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