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Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
....h Court Division in Civil Revision No.6823 of 2003 discharging the Rule. 2. The plaintiffs instituted Title Suit No.10 of 1991 in the Court of Assistant Judge, Khulna for partition of ejmali property and for separate saham in respect of 3.23 acres of land stating, inter alia, that an area...... Supreme Court Appellate Division (Civil) Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Swapan Roy and others……………........Petitioners Vs. Shashadhar R......tiffs have failed to prove their title and possession in the suit land and accordingly discharged the Rule. 8. The learned Advocate-on-Record for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. Accordingly, the petition is di..Category: Property Law | Date: | Hits: 23
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....nless it can be shown that the Court below has committed an error of law in the decision occasioning failure of justice. The judgment and order of the Subordinate Judge may have been an improper one not having given any reason but before interfering with the same, this Court is required......t Appellate Division (Civil) Present Mohammad Fazlul Karim J Md. Joynul Abedin J Rahmat Ali being dead his following substituted heirs; Md. Abdur Rashid and others.……….. Petitioners Vs. Md. Abdul Gani and others ...........laintiff and accordingly S.A. and R.S. khatian were wrongly prepared and such wrong recording could not affect the right, title and possession of the plaintiffs therein disentitling their legal right. 10. We have perused the records and are of the view that though the trial Court..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....hat while possessing the same Mahabubul Hoque died and thereafter his share was developed to other brothers and sisters and after the death of Md. Shafi, defendant Nos.2-5 became owner of his left property and after death of Farid Ahmed defendant No. 6-8 became owner of his left property; that w......l Karin J MM. Ruhul Amin J Faiz Ahmed Chowdhury……………………....Plaintiff-petitioner. Vs. Alhaj Shamsul Huda Chowdhury and others ......Defendant-respondent Judgment May 14, 2007. Cases Referred T......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ..Category: Property Law | Date: | Hits: 38
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....aration of merit list, the seniority would be counted from the date of joining as per Sub-regulation 1 of regulation-10. 12. Since in the instant case there is no merit list on record filed in a proper manner, we are inclined to hold that the seniority of the writ petitioner would be counte...... is also Reported in: V ADC (2008) 120. ......he materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 120. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
..... Respondent Nos.1-6 as plaintiffs instituted other Class suit No. 235 of 83 in the Court of subordinate Judge, Rajshahi for decree of declaration of their right and title in the Kha schedule property against the defendants stating that the schedule 'Ka' land of the plaint was owned by late......ADC (2008) 115. ......the R.S. khatian on 08.05.1983 from collectorate, came to know about the erroneous recording. The recording of 'Kha' schedule property out of schedule 'Ka1 property in the name of defendants was illegal. Ibrahim Mondal got it recorded in S.A. record in the name of Ibrahim Mondal instead of Ibrah..Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....r, Chittagong addressed to the Deputy Police Commissioner, Sadar Head Quarter, CMP Chittagong requesting him for placing police personnel for eviction of the appellant, herein petitioner, from the property of M/S. Lazaf Commercial Corporation Ltd. at 40, Shaheed Saifudding Khaled Road, Chittagon......ate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 9 of 2006. (From the Judgment and Order dated August 1, 2005 passed by the Appellate Division in Civil Appeal No.85 of 1997). ......l was filed against the judgment dated April 10, 1997 of the High Court Division in Writ Petition No.3396 of 1991 discharging the Rule obtained therein. The writ petition was filed challenging the legality of the Memo. No. 1221 (5) J, M, 60 dated 14.12.1991 of the Office of District Magistrate, ..Category: Property Law | Date: | Hits: 36
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....en the impugned order singularly affected the respondent No.1 and (3) the Review Panel passed the above order that the bid offer of the respondent No.1, writ-petitioner, was non-responsive without proper appreciation of the fact that the respondent No.1, writ-petitioner, submitted its bid h...... J Amirul Kabir Chowdhury J Md. Joynul Abedin J St. Electronics (Infer Software System) Pvt. Ltd..................Petitioner Vs. Patimas International Sdn Berhad and others……….....Respondents Judgment June 6, 2007. La......ndent No. 1, writ-petitioner. 11. The High Court Division on consideration of the materials on record made the rule absolute declaring the order dated 5.11.2006 passed by the Review Panel illegal on the finding that the bid of the respondent No.1, writ petitioner, was responsive; bank gua..Category: Business or Commercial Law | Date: | Hits: 110
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....of 1973 and the ex parte decree obtained therein by the defendant No.1, Gopal Baroi, is forged, fabricated, collusive, void and not binding upon the plaintiff on the allegations that the suit property comprising 11.55 acres of land as described in the schedule to the plaint originally belon......(Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Divisional Forest Officer, Dhaka ..............Appellant Vs. Md. Shahabuddin and others...............Respondents Judgment March 21, 2007. Case Referred......tivation of the remaining land. The plaintiff has no right, title, interest and possession in the suit land and the gazette notification in the name of the Forest Department of the Government is illegal as it was never acted upon and the suit is liable to be dismissed. 4. The learned..Category: Property Law | Date: | Hits: 35
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....Ghose who sold the same to one Mendi Mia by kabala deed dated 6th April, 1950. Mendi Mia, while owning and possessing the suit land executed and registered a deed of waqf on 16.02.1953 dedicating the property to the Almighty Allah and Rasul (S.M.) and for the benefit of a Mosque situated at Kader Bo......n Sultana ..........Petitioner (In both the cases) Vs. Mosammat Sahera Khatun & another........... Respondent(s) (In both the cases) Judgment March 27, 2007. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-F......tate is mere manager and not ostensible owner. 9. Thus it is clear that Mutwalli has no authority to transfer waqf property which has been dedicated to almighty; Allah and as such transfer without legal sanction of the Administrator of Waqfs is invalid transfer and such alienation by the mutwalli..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....impliciter without entailing any stigma on the petitioner and also without referring to any allegation made against the petitioner. 7. 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 in no coge......afazzul Islam J Rafique Ahmed…………………….Petitioner Vs. Managing Director, Bangladesh Overseas Employment & Service Ltd. and others.......Respondents Judgment May 16, 2006. Cases Referred to- 4......tuted the above suit (previously Title Suit No. 98 of 2000) seeking declaration that the order dated 12.9.1999 passed by the defendant No.2, the respondent No.1 herein, terminating his service is illegal and void and also for further declaration that he being still in service as Deputy General M..Category: Employment/Service Law | Date: | Hits: 71
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......ppellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Moazzam Hossain ..........Appellant Vs. Bangladesh Bank and ors.......Respondents Judgment April 4, 2005. Civil Appeal No. 111 of 1999 ......petition respondent No. 1 had no option but to bring the matter to the notice of the Chairman of Board of Directors of respondent No.3 by the impugned notice. On consideration of law we find no illegality in the impugned notice dated 17.9.98 (Annexure-A) which was an intimation of the effect..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....the suit land and hence the suit. The defendant Nos. 1-3, contested the suit by filing a joint written statement contending, inter alia, that the land of C.S. Khatian No. 280 was the self acquired property of Judu Nath Mondal; the kabala dated 29.4.1963 was never acted upon; defendant Nos. 4-6 s...... in: IV ADC (2007) 866. ......ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ..Category: Property Law | Date: | Hits: 25
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....missioner of Chittagong Division from the list of abandoned buildings. The further case is that Md. Shafi and she are Bangladeshi nationals by birth and hence no permission for transfer of the property is required but still the building was not released and she was constrained to file the ca......ar Hossain, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 187 of 2000. (From the judgment and order dated 21.10.1997 passed by the High Court Division in Writ Petition No. 1067 of 1993). ......als on record, rightly decided that the suit property is not abandoned property. The appeal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..Category: Property Law | Date: | Hits: 27
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....s full time paid Managing Director of another company named 'Wordy Ltd.' which was also engaged in similar garment export business and as a result company suffered significant loss due to lack of proper attention in running the business of the company; moreover it was a legal necessity to appoin......007) 855. ......ich was also engaged in similar garment export business and as a result company suffered significant loss due to lack of proper attention in running the business of the company; moreover it was a legal necessity to appoint a new Managing Director as the tenure of the petitioner expired on 6.3.20..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......ase is also Reported in: IV ADC (2007) 849. ......f the kabuliyat of July 30, 1927 genuineness whereof was admitted by the predecessors of the plaintiffs in Title Suit No. 14 of 1941 as such the plaintiffs have no occasion to make claim legally in respect of the land in suit. The trial Court in the background of the materials on ..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....s the High Court Division discharged the Rule holding that the original documents relating to auction purchase, confirmation of auction sale and delivery of possession of the auction sold property i.e. Exts.3,4, 5A and 7 to 8(h) came from the custody of the plaintiff and the plaintiff ...... in: IV ADC (2007) 841. ......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ..Category: Property Law | Date: | Hits: 63
Md. Nazrul Islam and others Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....iled stating, inter alia, that the land described in the 1st schedule along with other land belonged to Aminuddin and accordingly C.S. record was prepared in his name. Aminuddin gifted some of the properties of the C.S. record to his grandson, defendant Nos. 22-24 and to his granddaughter defend......orted in: IV ADC (2007) 838. ......f khas possession in respect of the land of second schedule upon evicting first group of defendants and for declaring that the kabala described in the 4th schedule is fraudulent, fabricated, illegal and void and not binding on the plaintiffs. &n..Category: Property Law | Date: | Hits: 23
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....f the appellate Court. Filing additional ground that the learned advocate submits that the High Court Division erred in law in not sending the case on remand to the appellate Court for writing proper judgment in accordance with law in view of the above facts and circumstance of the case.&qu......in: IV ADC (2007) 834. ......th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ..Category: Property Law | Date: | Hits: 30
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
.... Ruhul Islam J. - This appeal by special leave is directed against the judgment of the High Court Division dismissing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the plaintiff is the mutwalli......ip;………..Respondents Judgment January 11, 1982. Cases Referred to: Mst. Khairunnessa Khatun Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Syed Abul Fazal vs. Syeda Sayeeda Khatun and others 14 DLR (Dacca) 163. Lawyers Involve......al days before he breathed last. They alleged that Ismail Gazi was literate and there was no need for him to put thumb impression. They claimed to be in possession of the property as Ismail Gazi's legal heirs and according to their legal shares. 4. The trial Court on consideration of the ..Category: Trust/Waqf Law | Date: | Hits: 171
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....he records cause shown, if any and after hearing the parties and perusal of the record making the rule absolute and/or pass such other or further order or orders as your Lordships may deem fit and proper. 9. On perusal of the aforesaid prayer it appears that the accused petitioner’s...... ......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ..Category: Criminal Law | Date: | Hits: 47
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