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Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
....Nangalkot was fraudulent and as such liable to be set aside. 2. It was the case of the plaintiffs that certain Elahi Baksha had interest to the extent of 8 annas 6 gondas and 2 karas in the property described in the schedule 1 by inheritance from his mother and Elahi Baksha died leaving 2......Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Serajul Hoque Majumder.....Petitioner Vs. Bachchu Mia Mojumder and others....Respondents Judgment August 20, 2006. Lawyers Involved: Shaha......ecessary parties in the re-emption case, that no fraud was committed in obtaining the order in the Miscellaneous case and that the judgment and order passed in the Miscellaneous case is quite legal. 4. The trial Court decreed the suit on the finding that the plaintiffs have been able..Category: Property Law | Date: | Hits: 23
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....ullah, father of the petitioners and then Sonaullah in Agrahayan 1362 B.S, executed and registered a kabuliat in favour of Nagendra Bala; after the death of Sonaullah the petitioners inherited the property left by Sonaullah; the defendant No.1 on 15th Kartic 1394 B.S, on the basis of the record ...... Case is also Reported in: IV ADC (2007) 964. ......f title by settlement made in favour of Sonaullah in the year 1358 B.S. 5. As it appears the trial court dismissed the suit on the findings that Kabuliyet Ext. 1 (C) dated 14.12.1955 had no legal validity after 13.12.1955 in view of the provisions of section 75A of the State Acquisition a..Category: Property Law | Date: | Hits: 30
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
....h the findings and deciÂsions arrived at by the High Court Division. This petition merits no considerÂation. Accordingly, it is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 944. ......Ruhul Amin J Amirul Kabir Chowdhury J Md. Tajul Islam. .....Petitioner Vs. The Government of the People's (Republic) of Bangladesh repreÂsented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ......Respondents Judgment May 02, 2006. Lawyers Invo...... impugned order dated 06-07-2003 (Annexure-E) passed by the respondent No. 6 to cancel the licence of the petitionÂer should not be declared to have been passed without lawful authority and is of no legal effect. 3. The facts as stated in the writ petition are that the petitioner firstly obtaine..Category: Environmental Law | Date: | Hits: 517
Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)
....ner the then Deputy General Manager (internal audit) of the Biman was appointed as inquiry officer to probe the allegation against the writ petitioner and that the Inquiry Officer did not hold any proper inquiry nor examined witnesses duly and submitted a report to the serious prejudice of ......ir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh Biman Corporation represented by its Managing Director, Balaka Bhaban, P.S. Cantonment, ZIA, Kurmitola, Dhaka and another ...........Petitioners Vs. Riaz Uddin Ahmed and others .........Responden......egation. A Division Bench of the High Court Division after hearing both the parties by the impugned judgment and order made the rule absolute declaring the order of dismissal dated 30.01.2002 as illegal. 5. Hence is this petition. 6. In support of the petition Mr. Abdur Razzak, lea..Category: Employment/Service Law | Date: | Hits: 72
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......eported in: IV ADC (2007) 920. ......the defendants in collusion with the personnel of the Circle Office (Revenue) has obtained the order Ext. C and as the order Ext. C is collusive, the subsequent activities of the defendants are not legal and the said activities are the product of collusion between the defendants and the personne..Category: Property Law | Date: | Hits: 18
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
....lease of the Writ Petitioner in Plot No. 5A, Road No. 96 of Gulshan Model Town and dispossessing him from the said plot or to make any hindrance to the enjoyment by the writ-petitioner of the property. 6. In three writ petitions the case of the writ petitioners is that they are bonaf...... of 2006) Vs. Rajdhani Unnayan Katripakha & another.............Respondents (In both the cases) Judgment April 22, 2007. Lawyers Involved: Dr. M. Zahir and Ozair Farooq, Senior Advocates (Abdus Samad, Senior Advocate with him) instructed by Aftab Hoss......possession of the demised premises to the writ petitioner within two months from the date of receipt of the order. But inspite of communication of the order of injunction to the Rajuk, they illegally leased out the plot in question in favour of 3(three) different persons and renumbered..Category: Property Law | Date: | Hits: 46
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
.... immovable assets of the proforma respondent No.3. Yet, the respondent No. 2 filed the suit as a money suit and omitted to pray for foreclosure of the said mortgage or for the sale of the mortgaged property to recover the money allegedly due. Such omission amounted to a relinquishment ...... Supreme Court Appellate Division (Civil) Present: Syed Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mustaque Alam Chowdhury and another............Petitioner Vs. The Court of Joint District and 2nd Artha Rin ...... dispute shall be excluded by the choice of a foreign governing law. In the above premises, it was submitted that the impugned order has been passed without lawful authority and is of no legal effect inasmuch that the learned respondent No.1 Court erred in law in holding that it h..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
.... 2. The facts, in short, are that the respondent Nos.1 to 3 daughters and son of late Md. Akhtar and late Most. Badrunnessa, filed Settlement Case No. 450 of 1987 challenging the inclusion of the property at 32/4, Sher Shah Suri Road within Block-'D' of the Mohammadpur Housing Estate, Dhaka in ......late Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents ......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....ction after giving the opportunities to the parties to place their respective cases in full. It was also directed by the said order that the status quo should be maintained in respect of the disputed properties till the disposal of the petition for temporary injunction. The appellants having moved t......sif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 1999, 28 CLC (AD)
.... May 30, 1999. The Code of Criminal Procedure, 1898 (V of 1898) Section 498 In case of appeal against a short period of sentence bail should be ordinarily granted in the exercise of a proper discretion…….(4) Lawyers Involved: Abdus Subhan, Senior Advocate....... Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Position for Leave to Appeal No. 85 of 1999. (From the judgment and order dated May 5, 1999 passed by the High Court Division, Dhaka in Criminal Appeal No. 655 of ......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ..Category: Criminal Law | Date: | Hits: 50
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....ied there leaving behind no issue; one Syed Md. Barek, the predecessor of defendant No.1, was staying in the said "Faruki House" with his family and G.M. Faruki did not transfer any property to the said Syed Md. Barek; according to the provisions of the State Acquisition and ......ioner & others, Comilla……………………..Respondents Judgment May7, 2006. Cases Referred To- Md. Afaz Uddin Mollah and others vs. Md. Maizuddin Shaikh, BCR 1983 (AD) 48. Lawyers Involved: &......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ..Category: Property Law | Date: | Hits: 27
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
.... available to the pre-emptor to set aside the order for dismissal for default and section 96(13) would not be a bar in such proceeding. 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 ......Appellate Division (Civil) Present Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mvi. Md. Shafiqur Rahman and another ………….......Petitioners Vs. Ambia Khatoon and ...... proceeding. 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: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....a, that the alleged agreement for sale dated 30.8.1947 is forged and fabricated; the original owners Surendra and Dijendra having left for India in the year 1965 the suit land, at first, became enemy property and subsequently became vested property and government had been possessing the suit land by...... Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result: Â The petition is dismissed. Â Cases referred To- Abdur Rashim vs. Md. Rezauddin and others, 5 BLC (AD) 76; Md. Ashraf Ali and another vs. Fatiq Chandra Saha and others, 1983 BLD (A......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
.... it was found that there was no old road. The High Court Division also found that both the courts below concurrently held that the plaintiffs could establish their right, title and interest in the property and further the report of the Advocate Commissioner, Ext.3, which formed part of the judgm...... ADC (2008) 40. ......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
....otally ignoring the documentary evidence indicating plaintiffs exclusive possession in the suit land" and the High Court Division further held that the appellate Court "without properly assessing the evidence in the light of the pleadings of the parties and also ignoring the ......in J Md. Tafazzul Islam J Atiqullah alias Atik ………………...Petitioner Vs. Mohammad Safiquddin being dead his heirs: Rashida Begum and others ...........Respondents Judgment August 23, 2006. Lawyers Involved: ...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & othÂers, 2007, 36 CLC (AD)
....not provide for in toto absorption of the Project personnel of Phase-I to Phase-II of the Project. The relevant portion of the Phase-II Project Pro-forma reads as under: "However, for the proper implementation, supervision and monitoring of the Project activities provision has been mad......esented-For Respondent Nos. 2, 5-7, 9-11, 13, 15-16, 19, 21-24, 26-28, 31 & 33-35 (In Civil Appeal No. 39 of 2005). Civil Appeal No. 38-39 of 2005. (From the judgment and order dated 29.08.2004 passed by the High Court Division in Writ Petition Nos. 8254 of 2002 an......nexures-R, S and T as well as the letters dated 8.1.2003 vide Annexures-U and U-l in Writ Petition No. 4344 of 2003 should not be declared to have been made without lawful authority and to be of no legal effect. 3. The Department of Agricultural Extension, Ministry of Agriculture, emb..Category: Constitutional Law | Date: | Hits: 146
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......l Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Hassan Ameen J Bangladesh repreÂsented by the Secretary Ministry of Home Affairs and another ………………Appellants Vs. Mostafizur Rahman …………………………â......st the detenu. It might have been a necessary and situational decision hurriedÂly taken by the newly installed Government in the interest of maintaining law and order but it cannot be justified as a legal order under the Act in a Court of law after the din and bustle have died down because it was n..Category: Procedural Law | Date: | Hits: 107
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
.... trial Court for trial. 3. Mr. Muhammad Ali Akanda, learned Deputy Attorney General, appearing for the petitioner submitted that the judgment and order of the High Court Division is neither proper nor in accordance with law and facts of the case. The learned Deputy Attorney General furth......……………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers Involved: Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner...... no way justify that the offence alleged was not committed by the respondent. 4. It appears that the respondent was not in charge of cash in question, but he had a duty to check the illegalities/irregularities, if any, committed by the Cashier and in the present case the respondent ..Category: Criminal Law | Date: | Hits: 62
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....d the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 169. ......Ali, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 110 of 2004. (From the judgment and order dated 28.3.2004 passed by the High Court Division in Criminal Appeal No.870 of 1995). ......cate further submits that the learned Judges of the High Court Division erred in law in failing to apply their independent judicial mind to the fact and circumstance of the case in the light of the legal evidence on record as the final court of fact while affirming the decision of the trial cour..Category: Criminal Law | Date: | Hits: 41
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....rder to use their evidence which was not done and so in this backdrop of the case, there had been another miscarriage of justice. 8. We are of the view that the High court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The...... Rahman ………………......Respondent Judgment January 15, 2007. Trial of Cross Cases It is well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The t......ulted her physically and on the night of occurrence, as planned, all the accuseds assaulted the victim and killed her and on the following morning, with a view to screening them from legal punishment, gave out that the victim was killed by thieves at the night of occurrence; P.W.1 ..Category: Criminal Law | Date: | Hits: 58
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