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Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)

....to appeal is directed against the judgment and order dated 20.06.2005 passed by a Single Bench of the High Court Division in Civil Revision No.2384 of 1991 making the Rule absolute. 2. Short facts are that father of the peti­tioners filed Title Suit No. 58 of 1970 in the 6th Court of M......nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1131 of 2005. (From the judgment and order dated 20.06.2005 passed by the High Court Division in Civil Revision No. 2384 of 1991). ......e was brought after 21 years of the ex parte decree stating that they came to know of the ex parte decree on 15th Falgoon, 1396 B.S. The High Court Division in this con­nection considered the evidence of P.W. 1, P.W.2 and P.W.3 in the Miscellaneous Case and held that they failed to prove th..

Category: Procedural Law | Date: | Hits: 91

Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....Tribunal, Barisal in Administrative Tribunal Miscellaneous Case No. 03 of 2004 arising out of Administrative Tribunal Case No.49 of 2002 dismissing the Miscellaneous Case for default. 2. The facts, in short, are that after com­pletion of his graduation degree on 09.07.1973 the petition......d: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1469 of 2005. (From the judgment and order dated 23.08.2005 passed by the Administrative Appellate Tribunal, Dhaka in Miscellaneous......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ..

Category: Administrative Law | Date: | Hits: 90

Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)

....against the common judgment and order dated 23.02.2005 passed by a Single Bench of the High Court Division in Civil Revision Nos. 3992 & 2974 of 1999 discharging both the Rules. 2. Short facts are that the plaintiff institut­ed Title Suit No. 66 of 1991 in the Court of the Subordin......heirs: Captain Salauddin & others......... Respondents (In both the cases) Judgment August 31, 2006. Case Referred to- Munsur Ali Mallik Vs. Md. Nurul Haque Mallik and others, BCR 1986 (AD) 56. Lawyers Involved: Fazlul Haque, Advocate instructed by......ion and other connected papers. 6. The High Court Division held that there is nothing on record to indicate that any vested property case was started in respect of the suit land but from the evidence on record it was found that the Title Suit No.346 of 1977 was decreed ex parte on 05.06.19..

Category: Property Law | Date: | Hits: 48

Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)

....the instance of the appellant is directed against the judgment and order dated 09.08.2001 passed by the High Court Division in Civil Revision No.3051 of 1999 making the Rule absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50 of 1989 in the Court ...... Md. Joynul Abedin J Md. Hassan Ameen J Md. Hashmat Ullah Tapadar ...........................................Appellant Vs. Md. Basel Khan @ Haji Abdul Baset Khan and others........Respondents Judgment February 3, 2008. Lawyers Involved: ...... property is the ancestor property of the plaintiff and his brothers and sisters but the plaintiff though allegedly claimed that he obtained the suit land amicably, there is nothing on record or no evidence on behalf of the other co-sharers supporting the said plea and there being no legal parti..

Category: Property Law | Date: | Hits: 22

Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)

....cted against the judg­ment and order dated 12.03.2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 6654 of 2002 discharging the Rule. 2. Short facts are that one Dr. Shamsuddin Jahangir as president of BCSIR Co-opera­tive Housing Society ......ructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 271 of 2005. (From the judgment and order dated 12.03.2005 passed by the High Court Division in Criminal Miscellaneous Case No.665......s miscon­ceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ..

Category: Criminal Law | Date: | Hits: 42

Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)

....Md. Jalal arises against the judgment and order dated 21.05.2002 passed by a Division Bench of the High Court Division in Criminal Appeal No. 3145 of 2000 dis­missing the appeal. 2. The facts, in short, are that Mossammat Fatema Akhtar, a niece of informant Abu Taher got married to ac......-For the Appellant. Golam Kibria, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 09 of 2003. (From the, judgment and order dated 21.05.2002 passed by the High Court Division in Criminal Appeal No. 3145 of 2000.)......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ..

Category: Criminal Law | Date: | Hits: 41

Md. Fazlul Haque Vs. Md. Hossain Ali Sarker and others, 2008, 37 CLC (AD)

....assing the order to the petitioner. Hence this leave-petition. 5. Mr. Md. Nawab Ali, the learned Advocate-on-Record, appearing for the petitioner, submits that in consideration of the entire facts and circumstances of the case, the petitioner obtained decree in Other Class Suit No. 146 of ......ent Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Fazlul Haque................................Petitioner Vs. Md. Hossain Ali Sarker and others........Respondents Judgment         ......hat the points raised by the learned Advocate for the petitioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 531. ..

Category: Property Law | Date: | Hits: 21

Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)

....rder passed by the learned Assistant Judge does not suffer from any illegality. 15. We have perused the judgment and order of the High Court Division. The learned Single Judge considered the facts and circumstances and came to a correct decision in discharging the rule. In this view...... Supreme Court Appellate Division (Civil) Present Syed J.R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Murari Mohan Sarder and others...................Petitioners Vs. The Government of the People's Republic ...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ..

Category: Property Law | Date: | Hits: 24

Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)

....o appeal is directed against the judg­ment and decree dated 09.05.2005 passed by a Division Bench of the High Court Division in First Appeal No. 114 of 2000 allowing the appeal. 2. Short facts are that the plaintiff filed Title Suit No.220 of 1994 for cancellation of oral gift in resp....... Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No. 757 of 2005. (From the judgment and order dated 09.05.2005 passed by the High Court Division in F. A. No. 114 of 2000.) Judg......n the affidavit in question confirming oral gift of first floor of the building in question in favour of the defendant No.1 was obtained by duress or coercion and the plaintiff also did not adduce evidence to prove such plea. 8. Thus it is clear that the signatures of the plaintiff in the..

Category: Property Law | Date: | Hits: 20

Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)

....on for leave to appeal against the judgment and order dated 28.11.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 2341 of 1996 making the rule absolute. 2. The facts, in short, are that the plaintiff respondent Nos.1 to 4 instituted Other Suit No. 19 of 1986 ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J  Amirul Kabir Chowdhury J Abdul Khaleque Pramanik being dead his legal representatives: Mossamat Chandrabhan Bewa and others ...............Petitioners Vs. Rajab Ali Pramanik and other......laintiff con­structed illegally a house in the suit land and that there is no merit in the suit of the plaintiff and as such it is liable to be dis­missed. 5. The trial court recorded evidence of witnesses produced by both the parties and by judgment and decree dated 26.10.1994 dis..

Category: Property Law | Date: | Hits: 22

Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)

....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......d: A.K.M shahidul Haq, Advocate-On-Record- For the petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1186 of 2004. (From the judgment and order dated 7th January, 2006 passed by the High Court Division in Civil Revision No. 2100 of ...... of gift alleged to have been executed by Ajit Kumar Roy, without at all considering that the said gift was not acted upon. The learned counsel further submits that the High Court Division from the evidence on record further found that in support of the suit the plaintiffs only produced Exhibit-..

Category: Property Law | Date: | Hits: 29

N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)

....y leave is directed against the judgment and order dated 23.05.1999 passed by a Division Bench of the High Court Division in Writ Petition No.281 of 1998 discharging the Rule Nisi. 2. Short facts are that the appellant-com­pany is a manufacturer of GP sheets and CGI sheets. Zinc Ingot......          N.G. Shaha Steel Industries (Pvt.) Ltd.......................Appellant Vs. Customs, Excise VAT Appellate Tribunal, Dhaka and others.........Respondents Judgment May 15, 2005. Lawyers Involved: ...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Md. Alauddin and others Vs. Abdul Hakim and others, 2007, 36 CLC (AD)

....ground of the discussion made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 503. ......ate Division (Civil) Present: Md. Ruhul Amin CJ   M.M. Ruhul Amin J   Md. Tafazzul Islam J Md. Hassan Ameen J Md. Alauddin and others..........Petitioners Vs. Abdul Hakim and others ......Respondents ......that they claimed land of some other plots which are not the subject matter of the suit. It was also submitted that the Court of appeal below being the final Court of fact did not consider the oral evidence as regard possession of the parties inspite of the fact that in a suit for permanent inju..

Category: Property Law | Date: | Hits: 19

Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)

....ers.  He further submits that there was no contrary instruction regard­ing withdrawal of the civil petitions as was mentioned in the earlier letter dated 22nd March 2006. 10. In the facts and circumstances of the case and in view of the discussion above, we are of the view that si......sp;    Lawyers Involved: Abdullah-Al-Mamun, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record-For the Petitioners (In both the cases) Rafique-Ul-Huq and Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Ahsanullah Patwary, Advocate-on-Recor......the applica­tion for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ..

Category: Banking Law | Date: | Hits: 103

Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)

.... No. 17 of 2006 and thereby without issuing any Rule restoring the ad interim order of injunc­tion which was earlier vacated in view of the provision of Order 39 rule 5A(3) CPC. 2. Brief facts for disposal of this leave petition are that the plaintiff/respondent No. 1 filed the above O......urt Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Hefazatur Rahman Tipu and others.........Petitioners Vs. Forkanul Islam and others.....................Res......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ..

Category: Property Law | Date: | Hits: 26

Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)

....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ...... Fazlul Karim J M.M. Ruhul Amin J Bombay Sweets & Company Limited.......................................Petitioner Vs. President, Appeal Tribunal, Customs, Excise and VAT and another....Respondents Judgment         ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)

....cord 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: 13 MLR (AD) (2008) 359. ......i, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 334 of 2006. (From the judgment and order dated 14.03.2005 passed by the High Court Division in Civil Revision No. 6049 of 2001.) ......nt injunction simplicitor, the question of title can be taken into consideration incidentally and the trial court did so. The High Court Division also held that the trial Court correctly sifted the evidence on record and found exclusive possession of the plaintiffs in the suit land. But the appe..

Category: Property Law | Date: | Hits: 30

Sri Sri Hari Thakur Deb Bigraha & others Vs. Md. Abdul Hannan and others, 2006, 35 CLC (AD)

....to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 353; 16 BLT (AD) 2008, 223. ......: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Sri Sri Hari Thakur Deb Bigraha & others ................... Petitioners Vs. Md. Abdul Hannan and others ..............................Respondents Judgment November 9, 2006. ......titioner and perused the judgment of the High Court Division and other connected papers. 8. It is not disputed that the plaintiff embraced Islam and his mother also embraced Islam. It is in evidence that his mother died in 1976 in the suit land and she was buried in the suit land and no o..

Category: Property Law | Date: | Hits: 96

Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)

....5.03.1997 as illegal, without any lawful authority and directing to restore vacant possession thereof to writ petitioner within 30 days from the date of receipt of the copy of the judgment. 2. The facts of the case, in short, are that the writ-petitioner, Dhaka Memon Anjuman, is a charitable orga......late Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Government of Bangladesh, represented by   the   Secretary, Ministry   of   Land,Bangladesh Secretariat, Eden Building, Dhaka and others..................Petitioners. Vs. ......property from the list of vested property and restore vacant possession thereof to the writ-petitioner within 30 days from the date of receipt of copy of the impugned judgment without considering the evidence on record in its true perspective; that the property is admittedly owned by the Hindu owner..

Category: Property Law | Date: | Hits: 33

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....min CJ. - This appeal by leave is directed against the judgment and order dated 2nd July/2000 passed by the High Court Division in Writ Petition No. 2 of 1993 discharging the Rule. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a...... Present: M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Golam Rabbani..........................Appellant Vs. Chairman, Court of Settlement and others.................Respondents Judgment July 8, 2008. Cases Referred t......did not receive any amount as earnest money. The identity of Md. Muslim, the admitted allottee was not challenged by the writ petitioner during his cross-examination in the Court. Md. Muslim in his evidence further stated that he was in Pakistan defence service and during 1971 he was posted at D..

Category: Civil Law | Date: | Hits: 119