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A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
....iff Pubali Bank filed the aforesaid money suit for a decree of Tk. 78,11,629.36 with interest at the rate of 20% per annum till realization of the same and also for the order to sell the mortgaged property. 3. It appears from the materials on record that defendant No.1 of Money Suit No. 1...... Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J A.F.M. Wahid Shahjahan.........Petitioner Vs. Subordinate Judge (now Joint District Judge), 3rd Court Dhaka and other……………Respondents Judgment August 2, 2007. ......appeal has been filed against the judgment and order dated January 21, 2004 of a Division Bench of the High Court Division in Writ Petition No.4564 of 1999 discharging the Rule obtained questioning legality of Order No.26 dated June 14,1999 passed by the learned Subordinate Judge (now Joint Distr..Category: Civil Law | Date: | Hits: 105
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....e plaintiff and the plaintiffs, having been able to prove their possession in the suit land followed by dispossession, are entitled to get the decree as prayed for and retain the possession till a properly constituted suit for partition, if so advised, is filed. 5. We are of the view that...... (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Maruf Hossain (Swopon)........Petitioner Vs. Diljan Bibi and others........Respondents Judgment May 27, 2007. Lawyers Involved: ......r Settlement their names were rightly recorded and the objection filed by the defendant against the above recording was also ultimately rejected; on 4.9.2000 the defendant with some local people illegally entered into the suit land and forcibly dispossessed them from the suit land. The defendant..Category: Property Law | Date: | Hits: 23
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....as described in the Kha schedule to the plaint are forged, fraudulent, void and not binding upon them on the averments that Golak Sarder and Ramgati Sarder were the owners in possession of the suit property to the extent of 12 annas and 4 annas respectively covering an area of 5061/4 acres and 1......MLR (AD) 2008, 168. ......s fraudulent and not binding upon her, it is not enough for her just to make out a prima facie case that she has right title and interest in the suit property but she has to prove that she had the legal character or the right to property she claimed and unless she could prove such legal characte..Category: Property Law | Date: | Hits: 33
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
.... the High Court Division in Civil Rule No. 524(F) of 2005 arising out of F.A.T. No.408 of 2005 making the Rule absolute. 2. The short fact relevant for disposal of the rule is that the Suit property is Rowafata Rowa beel, measuring 89.99 acres of land under Sadar Thana of Sunamganj Distri......ge: Tegharia, Police Station: Sunamgonj Sadar, District-Sunamgonj....Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Sunamgonj and others........Respondents Judgment December 10, 2007. Case Referred To- ...... the present petitioner filed Title Suit No.44 of 2000 in the Court of Subordinate Judge, 1st Court, Sunamganj for declaration that the above Memo dated 05.07.1995, 02.07.1995 and 06.07.1995 were illegal, void and not binding upon the plaintiff. The High Court Division discharged the rule by the ..Category: Property Law | Date: | Hits: 50
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....lam, Inspector, Bureau of Anti-Corruption, lodged an FIR stating that an area of 1.66 acres of land with buildings at Sardar Bahadur Nagar, Mouza Pahartali, Chittagong was declared as an abandoned property under President's Order No. 16 of 1972 and on 5.6.1972 Ambagan Bastuhara Sarnity was permi...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Khizir Haider and others.................Petitioners (In Criminal Petition No.314 of 2005) Md. Hossain Her......arge. 4. 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: Criminal Law | Date: | Hits: 43
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....er favour in Miscellaneous Case No. 97 of 1984 filed under section 96 of the State Acquisition and Tenancy Act, 1950 and that she has already started execution proceedings in that behalf; the suit property being the homestead property, as per provision of section 6 of the Land Reforms Ordinance,...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M.Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Abdul Hai and other.........Petitioners Vs. Chan Banu Bibi..................Respondent Ju......she has already started execution proceedings in that behalf; the suit property being the homestead property, as per provision of section 6 of the Land Reforms Ordinance, 1984 is exempted from any legal proceeding including eviction and hence the suit. The defendant appeared in the suit and file..Category: Property Law | Date: | Hits: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....f the petition of complaint vide registered deed No.1558 dated 20-06-1991 and he has been possessing the same. The accused persons created a forged deed on 17-04-2000 with an intention to grab the properties of the complainant, showing him as vendor but in fact he did not put any signature on th...... ......strate by his order dated 22-03-2003 sent the case to the C.I.D. for further investigation, who (C.I.D) being biased by the complainant without holding any proper investigation for considering the legal aspects, had been trying to get the bail of the petitioners cancelled and to take them on rem..Category: Criminal Law | Date: | Hits: 39
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....the discussion made above, we do not find any merit in this petition. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Sirajul Haq...........................Petitioner Vs. Md. Abdul Halim and another.............Respondents Judgment March 18, 2007. &......tionship between the plaintiff and the defendant as landlord and tenant was terminated and that the plaintiff came to learn that the defendant sub-let the premises in favour of the defendant No.2 illegally. 3. Be that as it may, the defendant failed to vacate the premises inspite of notice..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....en controlling and managing the suit premises through Managers and employees and that he earned good will and reputation and that there were many suits and cases between the beneficiaries of the suit property and some of those went up to the highest Court of the Country and that the plaintiff on var......Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Rezaul Ahsan.................Petitioner Vs. Salamat Miah Wakf Estate, represented by the Mutwalli Amir Sultan Ali Haider and others................Respondents Judgment May 3, 2007. Lawyers Involved: Mahbubey A...... monthly tenant through an agreement executed on 15.01.1972 at a monthly rent of TK.50.00 and that the petitioner runs a hotel under the name and style M/S."Purbarag Hotel" that the petitioner most illegally in collusion with one Khorshed Alam filed a case being House Rent Case No.264 of 1976 wherei..Category: Tenancy Law | Date: | Hits: 184
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......hellip;……………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector & others..............................Respondents (in all the cases) ......nance, 1982 were wholly not maintainable in law and the High Court Division having not adverted to this aspect fell into an error of law and therefore the impugned judgment and order were wholly illegal and unsustainable in law that in terms of the provisions of Section 32(3) of the Acquisition ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......e Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State...................................llants as provided under the law having considered all evidence on record while disposing of the appeal against acquittal passed by the High Court Division and as this Court is competent to award any legal sentence on consideration of all evidence on record for ends of justice. 10. The facts lead..Category: Criminal Law | Date: | Hits: 94
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....s decreed on compromise declaring the title of Sree Krishna Soni. Further case of the plaintiffs is that while in possession they came to know on 20 July, 1980 that defendant No. 2 has included the property within the periphery of Khulna Hat and Bazar without any service of notice and that defen......69. ......of fact that the land in suit is tenanted land and the said is retainable class of land and that preparation of compensation assessment roll not correct and that compensation roll so prepared is illegal. 6. It is seen from the judgment of the High Court Division that the land in su..Category: Property Law | Date: | Hits: 27
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
....ry officer was therefore, directed to enquire into the allegations more elaborately, that on receipt of the second enquiry report it was found that the sixth allegation in the charge sheet was not properly enquired into and, as such, the enquiry officer was again asked to enquire into the said a......lip;……………………………………………….Appellant Vs. AAM Salekuzzaman and another……………………………&......closed with the said notice. The respondent submitted his reply on 19-6-1991 pleading innocence. The authority ultimately, it alleged, without any consultation with the Public Service Commission illegally dismissed him service by the impugned order dated 17-7-1993. The present respondent primari..Category: Administrative Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....ually through respondent No. 2 General Manager, Bangladesh Bank who forwarded the same under a covering letter dated 12 February 1998 (Annexure ‘A’ series). One of the notices is quoted below for proper appreciation of the contents and the effect of the notice as the dispute centers round third ......orted in: 52 DLR (AD) (2000) 61. ...... was set at naught by the High Court Division was that the notices under section 17(1) of the Act being issued at the dictate and direction of Bangladesh Bank, its superior authority, were ex facie illegal. Besides, the High Court Division had made certain comments about the nature of Writ and their..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....ion of Khandaker Mahbubuddin Ahmed, learned Advocate for the appellant, first, that the impugned judgment is legally untenable in that the decision has been made in a disjointed manner and without proper and correct perception of the issues and the law involved in the matter and ignoring the fin......Saydee………………………………………………. Appellant Vs. Sudhangshu Shekhor Halder and others……………………………&......ted by a margin of 280 votes securing in total 55,717 votes while the election-petitioner got the second highest vote i.e. 55,437. The election in different polling centres suffered from various illegal and corrupt practices and non-compliance of the provisions of the Order and the rules framed ..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... submission of Mr. Malek for the respondent into consideration. According him if the District Judge acting as a persona designata and not as a court, appoints an adhoc committee the committee will be properly constituted under the trust deed and d charge its function effectively, Mr. Malek’s submi......peal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, with M. F. Karim, Advocate instructed by S.M. Huq, Advocate-on-Record- For the Appellant. Abdul Malek, instructed by B.C. Panday, Advocate-on-Record-For the Respondents No.1-4. Criminal Appeal No. 6 of 1978. (From t......n by the learned single Judge and Mr. Malek has supported the view. Both the learned Counsels have advanced arguments in support of their respective contentions. 5. It is now well settled that in legal parlance, the expression “persona designata” means a person described in a statute or a le..Category: Trust/Waqf Law | Date: | Hits: 185
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....d Miah, a candidate for Chairmanship was dismissed. Being aggrieved, the appellant moved the aforesaid writ petition which was summarily rejected on the ground, among others, that in the absence of proper delimitation, the two Mouzas mentioned in the notification could not be adjusted with the e...... Present Kemaluddin Hossain J Fazle Munim J K.M Subhan J Mozzammel Haq……………………Appellant Vs. Bangladesh and others................Respondent Judgment March 01, 1978. Lawyers Involved......, was not of a substantial nature. In rejecting the appellant’s nomination paper in violation of the aforesaid provision of law, the respondent No. 3’s action has become tainted with illegality. The rejection of his appeal by the respondent No. 2 is also wrong for two reasons, first,..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
....he judicial function of the Court is to be understood in this context and would therefore mean that the court is to be satisfied that the executive function of the public prosecutor has not been improperly exercised or it is not an attempt to interfere with the normal course of justice or f...... ...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..Category: Criminal Law | Date: | Hits: 45
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
....it land and for declaration that 1/3rd share recorded in the S. A. khatian in the name of the principal defendant Shanti Sudha Moitra is erroneous. 4. Plaintiff’s case in short is that the suit property belonged to 3 brothers in equal share, namely Brinchilal Moitra, Neromba Lal Moitra and Ban......an Muhammad Khan (1970) 22 DLR (SC) 41. Lawyers Involved: Md. Ansar Ali, Advocate instructed by S.S. Hoda Advocate-on-Record – For the Appellant. Abdul Hamid, Advocate instructed by B.C. Panday, Advocate-on-Record- For Respondent. Civil Appeal No. 123 of 1977 (On appeal from the ju......authority. One Hrishikesh Moitra was a monthly tenant under the plaintiff’s predecessors in-interest and he left for Calcutta in 1965 and after his death Amal Kumar Moitra (added Defendant No. 7) illegally took shelter in the suit house and after the house was declared as enemy property, he took l..Category: Tenancy Law | Date: | Hits: 142
Leakat Ali Sowdagar Vs. Abdus Salam Sowdagar and another, 1978, 7 CLC (AD)
....ciliation of the dispute. The provision for conciliation having failed to be operative on account of the non-existence of the necessary machinery for such conciliation, it is reasonable to hold, on a proper construction of section 3(1) of the Ordinance, that the general jurisdiction of a Civil Court......orted in: 30 DLR (SC) (1978) 241. ......have held that the jurisdiction of the Small Cause Court has been effectively ousted, despite the fact that the procedure for conciliation has been put into abeyance in view of the dissolution of all legal council and Municipal Committees in Bangladesh by virtue of Article 3 of Presidential Order No..Category: Tenancy Law | Date: | Hits: 163
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