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Golam Sarwar (Md) & others Vs. Md Liakat Ali and others, 1997, 26 CLC (AD)

....side with the plaintiff and she in 1360 BS out of love and affection made an oral gift of all her movable and immovable property in favour of the plaintiff. But on the basis of wrong recording in the relevant SA record defendant Nos. 1-3 put their claim on the suit land by creating certain false doc......te Court, We do not find any legal infirmity in the impugned judgment which calls for any interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 67. ......(Civil) Present: ATM Afzal CJ Mustafa Kamal J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Golam Sarwar (Md) & others…………Petitioners Vs. Md Liakat Ali and others........Respondents Judgment July 29, 1997. Result: The petition is dismisse...... movable and immovable property in favour of the plaintiff. But on the basis of wrong recording in the relevant SA record defendant Nos. 1-3 put their claim on the suit land by creating certain false documents. 3. Petitioner No.1 Md. Golam Sarwar, No. 2 Md Asaduzzaman and Reazuddin (since dead)..

Category: Property Law | Date: | Hits: 74

Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)

....r disposal of this matter, it is prayed that directions may be issued to the District Judge/an Advocate Commissioner appointed by this Court to examine parties and the children, and take other relevant evidence relating to the present conditions of the children, and to submit a report to th......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ...... here Supreme Court Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Abdul Jalil and others………………………….. Appellant Vs. Sharon Laily Begum Jalil………�......Court concerned, the British High Commission at Dhaka and the Ministry of Home Affairs (for attention of the immigration authorities). Ed. This Case is also Reported in: 50 DLR (AD)(1998) 55. ..

Category: Family Law | Date: | Hits: 250

Jahanara Begum Vs. Md. Aminul Islam Chowdhury and others, 1997, 26 CLC (AD)

....id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......id provision of law. Consequently, the appeal is dismissed without any order as to costs and the suit is decreed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 52; 2 MLR (AD) 112. ......Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Jahanara Begum……………………………………………………… Defendant-Appellant Vs. Md. Aminul Islam Chowdhury and others………………….Plaintiff-Respondents Judgment February 5, 1997. Res......n considered, but on pure surmises and conjectures the lower appellate Court found contradictions in paragraphs 4 and 5 of the plaint. The lower appellate Court further wrongly held that unregistered documents can be created afterwards without considering that no credible evidence was led by the def..

Category: Property Law | Date: | Hits: 86

Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)

....dditional or supplementary test. 60. In the context of selection for appointment to public service, namely viz Rajasthan Judicial Service for the post of Munsif selection was to be made under the relevant Rules on the basis of a written examination carrying 300 marks and viva voce examination ca......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ...... Latifur Rahman J Md. Abdur Rouf J Bimanendu Bikash Roy Chowdhury J Bangladesh represented by the Secretary, Ministry of Establishment……………Appellant Vs. Shafiuddin Ahmed and 2 others …………………………………………………Respondents (In Civil Appeal N......d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ..

Category: Constitutional Law | Date: | Hits: 185

Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)

....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......plication as redundant by its order February, 1997. 4. Mr. Zamiruddin Sirker, learned Counsel petitioner, seeking leave to appeal from the aforesaid orders dated 18-2-97 and 24-2-97 referred some papers showing that the writ-petition functioning as the Chairman of the Union Parishad even in Febr......sent: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Dr. Waliar Rahman…………………. Petitioner Vs. Bangladesh and others.......... Respondents Judgment March 20, 1997. Result: The petition is dismi......ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ..

Category: Others | Date: | Hits: 112

Bangladesh Bar Council Vs. Khawja Abdul Gani and another, 1997, 26 CLC (AD)

....ent case, although offence of this nature is not compoundable. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 18. ....... 1 then came to her Wari residence and gave out that he would recover the valuable properties of her father-in-law at Mirpur and on that plea obtained the signature of the complainant on blank stamp papers and vokalatnama; that a few days after this a court peon came and served upon the complainant......: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md Abdur Rouf J Bimalundu Bikash Roy Choudhury J Bangladesh Bar Council................ Appellant Vs. Khawja Abdul Gani and another ………….Respondent Judgment November 20, 1997. Result: The appeal is d......nal misconduct; that the complainant can neither read nor write in Bengali and taking advantage of her dependence and helplessness respondent No. 1 induced her to hand overall her valuable deeds and documents to him and in flagrant violation of her trust, illegally converted some of those deeds and..

Category: Others | Date: | Hits: 105

Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)

....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......ndant No. 3 in Title Suit No. 150 of 1988 pending in the Third Court of Subordinate Judge, Barisal. The suit was brought by the respondent for specific performance of a contract for sale of certain land with a tin-structure measuring 6x18 cubits thereon, described in schedule ‘Ka’ to the plaint......re provides that, at any time after the suit is instituted, the parties may, on application to the Court, obtain summons to persons whose attendance is required, either to give evidence or to produce documents. But this privilege of a litigant to take out summons to witnesses is subject to the contr..

Category: Property Law | Date: | Hits: 82

Bangladesh Shilpakala Academy Vs. Shahidul Islam and another, 1997, 26 CLC (AD)

....n 18-5-79 he had obtained a passport in 1980 describing himself as a businessman and on the strength of the said passport which was renewed on 2-4-86 undertook a journey to India without amending the relevant column of the passport meant for describing the profession of the passport holder and there......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ......ifur Rahman J Md. Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Shilpakala Academy represented by the Director General of the Academy …….Appellant Vs. Shahidul Islam and another …………………...Respondents Judgment January 23, 1997. Result: Th......as liable to be declared as such. This appeal must, therefore, fail. It is, accordingly, dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 1. ..

Category: Employment/Service Law | Date: | Hits: 145

Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)

....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......sp; Giasuddin (Md)..................................................... Appellant Vs. MV Forum Power and ors........... ....................... Respondents Judgment July 19, 2000. ......d no clearance was obtained from the customs authorities for supply of the said goods and services to the defendant Nos.1-5. 7. In addition to the evidence of PW1 plaintiff relied on the documents marked Exts.1-18 in support of his case. It appears that Exts. 1 to 1(d) are the fax and t..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)

....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......Court Appellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and ......he earlier suit under plot No. 371 of CS Khatian No. 4300 (Jha) area was shown as 94 Satangsha and the plaintiffs claimed that out of 94 Satangsha defendants purchased only 0090 Ajutangsha by several documents in the year 1954-55 and since the defendants purchased a small portion of land by several ..

Category: Property Law | Date: | Hits: 101

Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)

....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......R (AD) (2001) 9. ...... delivery of judgment on 29-3-1994. Then again the case was fixed for further argument on 9-5-1994. One day prior to that the respondent filed an application for recalling PW 1 again to prove certain documents as through mistake certain valuable documents relating to loan had not been proved. The le..

Category: Business or Commercial Law | Date: | Hits: 148

Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)

....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......everything for taking loan and on the advice of defendant No. 1, plaintiff and her husband went to the house of defendant No. 2 in Asiana Building and found that defendant No. 2 already prepared some papers and documents and that defendant No. 2 asked plaintiff to put her signature on those papers i......Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment May 18, 2000. Result: The petit......for taking loan and on the advice of defendant No. 1, plaintiff and her husband went to the house of defendant No. 2 in Asiana Building and found that defendant No. 2 already prepared some papers and documents and that defendant No. 2 asked plaintiff to put her signature on those papers including so..

Category: Civil Law | Date: | Hits: 162

Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)

....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......have heard Mr. Mahbub Ali, the Counsel for the appellant and Mr. Tabarak Hossain, the learned Counsel for respondent No. 7 and perused the judgment of the High Court Division and other connected papers. 10. It is undisputed that the suit land belonged to Sajjad Ali and others. The ......instructed by Ahsanullah Patwary, Advocate-on-Record- For the Respondent No. 7. Ex- parte- Respondent Nos. 1-6 & 8-10. Civil Appeal No. 10 of 1998 (From the Judgment and Decree dated 07.05.1997 passed by the High Court Division in 2nd Appeal No. 143 of 1969) ......the defendants have no rent receipts during the tenure of Yasin Ali Ext. A. The kabala by which Wasir Ali, Modaris Ali and Abdul Bari are said to have purchased from the heirs of Yasin Ali are forged documents created by Yasin Ali, Modaris Ali and Wasir Ali in collusion with each other and the claim..

Category: Property Law | Date: | Hits: 76

Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)

....to the chance of reasonable expectation, if there be any. 31. The concept reasonable expectation has imposed a duty on the public authority to act fairly by taking into consideration all relevant factors relating to the expectation as the denial of it would amount to denial of the right......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ......l Karim J Syed J. R. Mudassir Husain J Syed S.M. Hasan.............Appellant Vs. Bangladesh represented by the Secretary, Ministry of Finance, Banking Division and another.......Respondents Judgment December 18, 2002. Cases Re......le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ..

Category: Administrative Law | Date: | Hits: 130

Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)

....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......d, the learned Counsel for the appellants and Mr. AJ. Mohammad Ali, the learned Additional Attorney General for the respondents and perused the judgment of the High Court Division and other connected papers. 6. It is not disputed that the Government allotted 5 acres of land of Plot No. 14/4 o......r the Appellants A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 323 of 2001 (From the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) ......e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ..

Category: Property Law | Date: | Hits: 127

The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)

....earing for the appellant submits that the High Court Division committed illegality in totally failing to making the rule absolute without giving any finding or reasoning as to which provision of relevant law has been violated in canceling the examination result of the writ petitioner ......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ......M. Zahir, Senior Advocate, (Subrata Chowdhury, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent Civil Appeal No. 134 of 2001 (From the Judgment and Order dated 16th May passed by the High Court Division in Writ Petition No. 1655 of 1999) &......10. In view of the above, we do not find any substance in the submission of the learned Counsel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 154

Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)

....he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......he High Court Division are set aside and those of the learned District Judge duly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......ate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Gholam Rabbani J Md. Ruhul Amin J Mohammad Fazlul Karim J Hriday Ranjan Dey and another................................................Appellants Vs. Niranjan Dey being......sion against the defendants and all others. The Court of appeal below also found that the plaintiffs paid rent though the defendants by Ext. B and B2 and B3 and found the Ex. B4 and B5 are fabricated documents and accordingly the court of appeal below affirmed the judgment and decree of the trial ..

Category: Procedural Law | Date: | Hits: 112

Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)

....its. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The petition is dismissed. Ed ......its. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The petition is dismissed. Ed ......bsp; (Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhak......evidence. Its alleged lessees defendant nos. 1-5 filed a written statement but did not contest the case. The lower appellate court found defendant nos. 6-8 to be in possession on consideration of the documents produced as exhibits. 4. No other submission of any significance has been made..

Category: Property Law | Date: | Hits: 45

Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)

.... The High Court Division making the Rule absolute it appears took into consideration the material evidence on record including evidence of P. Ws. 1,2,3,4,5 and 6 and D. Ws. 1,2,3,4 and 5 and the relevant documents and held that the trial court took into consideration the documentary and oral ev......l Wadud Bhuiyan, the learned Counsel for the appellants and Mr. Mahbubey Alam, the learned Counsel for respondent Nos. 1-3 and perused the judgment of the High Court Division and other connected papers. 7. It is not disputed that the suit land belonged to Modhu Lal Bhowmick and oth......ey Alam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3 Not represented- Respondent No. 4 Civil Appeal No. 72 of 2003 (From the judgment and order dated 23.08.2001 passed by the High Court Division in Civil Revision No. 1998 of 1999.)&nb...... Court Division making the Rule absolute it appears took into consideration the material evidence on record including evidence of P. Ws. 1,2,3,4,5 and 6 and D. Ws. 1,2,3,4 and 5 and the relevant documents and held that the trial court took into consideration the documentary and oral evidence on..

Category: Property Law | Date: | Hits: 63

Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)

....the trial court. Mr. Khan argued that in the above circumstances the pre-emptor respondent can hardly fall back upon the said application dated 20-4-1995. In order to appreciate his argument the relevant portion of the application dated 25-5-1996 is quoted below:- Bangle text 7. From the......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......w. No order as to cost. Ed. ......ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 56

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