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Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
....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. ...... the Constitution like a court of appeal and the further submission that in view of the specific findings of the Court of Settlement that Md. Safi had not acquired any title to the building in question and for that matter the writ petitioner did not acquire any right, title and interest...... the writ petitioner without filing any affidavit-in-opposition. 5. Leave was granted to consider the submission that the High Court Division erred in law in setting aside the finding of facts arrived at on evidence on record by the Court of Settlement in exercise of its jurisdict..Category: Property Law | Date: | Hits: 27
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ......idavit-in-opposition. 4. Upon hearing of the application, the High Court Division by order dated 24.4.2004, allowed the application of the company for impleading it as respondent No.2 leaving the question as to who is the Managing Director of the company to be decided at the time of hearing of t......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ..Category: Business or Commercial Law | Date: | Hits: 151
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....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. ......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. ......cord by the courts below; the submission of the learned advocate of the petitioner that the suit was barred under auction 66 of the Code of Civil Procedure has no application in the facts and circumstances of the present case; the defendant Nos. 1-3 who allegedly purchased th..Category: Property Law | Date: | Hits: 63
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....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. ...... deed in favour of the plaintiff on receipt of such consideration but the kabala deed as filed by the plaintiff is forged. There being no contract of sale between the plaintiff and defendant No. 1, question of specific performance dose not arises at all. In such circumstances the suit is liable t......ons of the learned Advocate of the petitioner that "the learned Single Judge of the High Court Division erred in law in discarding the evidence of the plaintiff in spite of clear proof of the facts regarding talk of sale of the suit land, delivery of possession, receipt of consideratio..Category: Property Law | Date: | Hits: 30
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ......2, 1939, because, there is no provision the deed of waqf reserving the ultimate benefit for any charitable or religious purpose. 2. Leave was granted to examine whether the deed of waqf in question has been correctly construed by the High Court Division, in other words, whether the recit......un Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Syed Abul Fazal vs. Syeda Sayeeda Khatun and others 14 DLR (Dacca) 163. 3. For proper appreciation of the questions relevant facts may be stated thus: The property described in the schedule to the plaint belonged to Ism..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
.... On a comparison between the provisions of Section 26C of the Bengal Tenancy Act and Section 89 of the State Acquisition and Tenancy Act, it would appear that the words used in both sections are identical. Quite obviously, the interpretation of the former will govern the latter as well unless s...... 26C to an oral gift of agricultural land made by a Muslim, pronouncements of a few Indian High Courts were referred to by the learned Counsel. In Srimatijan Vs. Fulja Khatun, AIR 1941 (Cal.) 266 the question was raised whether the transfer concerned which was in the nature of an oral gift by a Musl......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....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. ...... the case from the Court of Druto Bichar Tribunal, Rajshahi to any other Druto Bichar Tribunal at Dhaka. From the impugned judgment and order of the High Court Division it appears that the case in question has been transferred accordingly to Druto Bichar Tribunal No.3 at Dhaka. 10. We are ......passing the order of transfer of the case from one tribunal to another tribunal has gone contrary to Section 4(4) of the Ain and as it is liable to be set aside. For that in view of the facts that earlier the High Court Division having passed order in consonance to with Section 4(4) ..Category: Criminal Law | Date: | Hits: 47
Haji Ebad Ali Akanda and others Vs. Haji Basiruddin Akanda and others, 2006, 35 CLC (AD)
....lso point out any error apparent on the face of the above judgment. The review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 790. ......5 does not apply to the facts and circumstances of the present case because in the above decision, the transfer in respect of which pre-emption was sought did no longer subsist and accordingly question of pre-emption did not arise in the above reported case. 8. On perusal o......f the deed of heba-bil-ewaz dated 20.3.82 exceeded the direction of the High Court Division and further, the principle laid down in the decision reported in 35 DLR(AD) 225, being inconsistent with facts of the present case, is not applicable in the present case and accordingly the pre-emptor, be..Category: Property Law | Date: | Hits: 34
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......ision in S.A. No.302 of 1979 rejecting the application for restoration of S.A. No. 302 of 1979 which was dismissed for default for non-compliance of the court's order dated 19.07.2001. 2. Short facts are that the matter came up before the lawazima Bench of the High Court Division on 20.02.2001..Category: Procedural Law | Date: | Hits: 97
Abul Kashem Vs. Md. Abu Bakar Siddique Khan and others, 2006, 35 CLC (AD)
....gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......gh Court Division. In the aforesaid premises, we find no substance in this petition. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 779. ......king leave to appeal against the judgment and order dated 25th March, 2003 passed by a Single Bench of the High Court Division in Civil Revision No. 5731 of 2001 discharging the Rule. 2. The facts, leading to this petition, are that the plaintiff-respondents filed Other Suit No. 161 of 200..Category: Property Law | Date: | Hits: 33
Most. Jubeda Khatun Vs. Md. Khuda Box & others, 2006, 35 CLC (AD)
.... find any cogent reason to interfere with the judgment of the High Court Division. 10. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 777. ...... not served upon the defendant and the plaintiff managed a false report of the process server in respect of service of summons and by practicing fraud upon the Court obtained the ex-parte decree in question on 28.09.1989.The application was registered as Miscellaneous Case No. 57 of 1989. ......e to appeal is directed against the judgment and order dated 24.04.2004 passed by a Single Bench of the High Court Division in Civil Revision No. 4787 of 1997 discharging the Rule. 3. Short facts are that the plaintiffs instituted Partition Suit No. 29 of 1986 in the Court of Munsif ..Category: Property Law | Date: | Hits: 24
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ......p in the matter earlier but coming to know of the fact they paid the balance amount of salami with interests on 26.10.1987. But the Additional Deputy Commissioner (Revenue) without considering the facts and circumstances by order dated 20.02.1989 cancelled the settlement and hence was the suit. ..Category: Property Law | Date: | Hits: 25
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ...... judgment of the High Court Division and other connected papers. 6. Mr. Ahmed submits that respondent No. 11 is not a necessary party and the claim of the respondent No.11 involves disputed question of fact which cannot be determined in the writ petition. 7. Mr. Khan on the other ha...... the writ petition and also directing the respondent No. 3 not to disturb the writ petitioner's possession in the land as mentioned in the petition till expiry of his lease period. 2. Short facts are that the petitioner filed the above mentioned writ petition challenging Memo dated ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ...... 3. The respondent No.5 entered appearance by filing an affidavit-in-opposition denying the material allegations made in the writ petition. The case of the respondent is that the land in question along with other lands were requisitioned under Special L.A. Case No.8 o......e to appeal is directed against the judgment and order dated 14.01.2002 passed by a Division Bench of the High Court Division in Writ Petition 2382 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner was the owner of 1.33% acres of land of C.S. Plot Nos. 1081 and ..Category: Property Law | Date: | Hits: 26
Chalna Carriers & Fibres Ltd. & another Vs. M/s. Shainpukur Navigation Ltd. & ors, 2005, 34 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 735. ...... knew about the time from the Master of the vessel. It may be mentioned Master of the vessel was not examined by the plaintiff. Hence evidence of PW.5 is of no purpose to the plaintiff on the question of time of collision. P.W.6, Lasker of the vessel stated that at 5 A.M. M.V. Tapash l......n record arrived at the finding "the plaintiffs have failed to prove that the accident took place at 5.30 A. M. on 13.5.86 due to negligence of the Master of M. V. Shainpukur-1. In view of the facts and circumstances of the case and materials on record I am of the view that plaintiffs have f..Category: Admiralty Law or Maritime Law | Date: | Hits: 210
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ...... prisoners and in support of the above contention several decisions were cited but the High Court Division did not consider those holding that decisions referred to are distinguishable in the facts and circumstances of the present case. 5. As it appears the High Court Division ..Category: Criminal Law | Date: | Hits: 51
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
.... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ......na P.S. Case No. 31(6) 93 only on that ground. 4. The learned Additional Attorney General submits that the High Court Division was in serious error in quashing the proceedings of the case in question on the wrong view of the law in that provision for stopping the proceeding and releas...... In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ..Category: Criminal Law | Date: | Hits: 48
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......akoria that his daughter and grand daughter (Sunita and Nishita respectively) were murdered in their residence, the complainant rushed there immediately and found the dead bodies. In the aforesaid facts and circumstances, the informant suspected that the accused Paritosh murdered his daught..Category: Criminal Law | Date: | Hits: 43
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
....Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......rther period as per terms of previous agreement; that the said letter was exhibited as exhibit-'Ga' before the trial Court without objection; that if the petitioners were really defaulters the question of further enhancement of rent could not arise but the Courts below ignoring the exhi......at the petitioners are defaulters and accordingly liable to be evicted. In that view of the matter, we find no substance in the submissions of the learned Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. E..Category: Property Law | Date: | Hits: 35
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ...... the name of Alfajuddin and Rafatullah was prepared wrongly since tenancy of Jairuddin was not surrendered at any point of time in favour of Kuran Modnal. Finally the High Court Division held that question of surrender by Jairuddin in favour of Kuran Mondal could not be established by the defend......s alleged that Jairuddin surrendered his tenancy under Kuran Mondal and thereafter Taresh son of Kuran Mondal settled the land with Jitu Mondal it was for the defendants to establish the said facts since in the absence of non-establishing of the said facts i.e. case of surrender and the set..Category: Property Law | Date: | Hits: 28
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