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Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....udge, Dhaka in Title Appeal No. 218 of 1992 admitting the same and staying all further proceedings of Title Execution Case No. 33 of 1987 of the 3rd Court of Subordinate Judge, Dhaka. 2. Material facts of the case are, that the appellants were defendants in a suit for specific performance of con......s also Reported in: 46 DLR (AD) (1994) 13. ......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....uld also vindicate the father's injured pride (who was a school teacher) maintaining that he was not telling a lie when he had been saying all along that his daughter was a minor. 4. To recall the facts of the case a little closely leading to this appeal, the appellant lodged an FIR with Demra PS......pellate Division (Criminal) Present: Shahabuddin Ahmed CJ MH Rahman J ATM AfzaI J Mustafa Kamal J Latifur Rahman J Wahed Ali Dewan .........Informant Appellant Vs. State and another ...........Respondents Judgment November 3, 1993. Lawyers Involved: Abu Nas......jority while deciding question of custody of an alleged minor girl pending criminal proceeding under sections 363/366A of the Penal Code, (3) and that the learned Judges in disregard of the competent evidence of the father as to the age of the girl and the school certificate in that behalf erroneous..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ...... Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Bangladesh Bank and others ....... Appellants Vs. Mohammad Abdul Mannan............ ......fficers mentioned in sub-regulation (iii). These officers are in senior officers of the Bank whose salaries and allowances are determined by, or require the approval of the Government. There is no evidence that the appellant fell within this class of officers. In view of the provisions of law we..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....ng of Article 102 of the Constitution, has no locus standi and no legal right of the petitioner has also been infringed and the allegations involved in the writ petition being disputed question of facts cannot be decided in writ jurisdiction. 4. The respondent No. 5 also filed an affida......in J MM Ruhul Amin J Md. Tafazzul Islam J Sharif Nurul Ambia.....................................Appellant Vs Dhaka City Corporation represented by its Mayor and others.......................... Respondents Judgment July 19, 2004. Th...... as regards the inconvenience of the petitioner and the inhabitants of locality for the alleged pollution of environment cannot be measured and determined without necessary evidence and if respondent No. 2 approves the plan submitted by the respondent No. 1 and if the con..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
.... by adverse possession is not well founded and that decisions on which the plaintiff placed reliance in support of his case of adverse possession on the basis of void document has no bearing on the facts and circumstances of the instant case and because of the fact stated hereinabove. The High Co......ion (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Sheikh Farid (Md) & others. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Po......hers. ............. Appellants Vs. Abdul Wadud Sikder and others...................Respondents Judgment March 16, 2006. Adverse Possession No positive evidence has been led by the plaintiff to establish from what point of time he started to possess ..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....eek leave to appeal against the judgment and order dated 5-11-2001 passed by a Division Bench of the High Court Division in Civil Revision No. 5326 of 2000 making the Rule absolute. 2. The facts leading to the leave petition are that the preemptor respondents initiated a preemption proce...... ......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... Present: Mainur Reza Chowdhury J SJR Mudassir Husain J Serajul Islam & others ...................Petitioners Vs. Md. Abdur Razzaque Chowdhury and another.................Respondents Judgment April 15, 2002. The State......The State Acquisition and tenancy Act, 1951 (XXVIII of 1951), Section 143 The Limitation Act, 1908 (IX of 1908), Section 120 Since possession of the plaintiff has been proved by oral evidence and otherwise, the suit is not barred by limitation for bringing the suit beyond six years..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....tter No. 5 of 1995 arising under section 233 of the Companies Act, 1994, which was instituted by the respondents for protection of the interest of the minority share holders. 2. The short facts, leading to this leave petition are that the respondents are promoters/ shareholders of the p......eme Court Appellate Division (Civil) Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others..............ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... in AIR 1960 SC 378 and submitted that in that case it was decided "in cases where the vires of statutory provisions are challenged on Constitutional grounds, it is essential that the material facts should first be certified and ascertained with a view to determine whether the impugned stat......ection with the affairs of the Republic or of any local authority but in connection with the business of the Ittefaq Group of Publications Ltd. In his capacity as Executive Director of the Company and as the Printer, Publisher and Editor of the Daily Ittefaq while he was a Minister. Since...... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ..Category: Civil Law | Date: | Hits: 103
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... that the reconveyance was made for collateral purpose with the end in view for defeating the right of preemption, that High Court Division was in error in not holding that in the background of the facts and circumstances of the case and reconveyance having been made long after filing of the peti......hul Amin J Md. Tafazzul Islam J Harendra Nath Mahali…………………………… Appellant Vs. Ramesh Chandra Haider and others...............Respondents Judgment March 16, 2006. ......eyed the land to his vendor (opposite party No. 2 in the Miscellaneous case) on 1-3-1983. 5. It may be mentioned the Miscellaneous case was filed on 4-5-1981, On detailed discussion of the evidence the trial Court arrived at the finding that after reconveyance the opposite party No. 2 i...Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ...... Ed. ......am and colourable transaction and the right of preemption will exist. The transaction i.e. reconveyance, whether is genuine or a sham and colourable one is to be determined in the background of the evidence brought on record by the parties. If the evidence is in the affirmative i.e. right, title ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....ading that they paid rent. The lower appellate Court also noticed that no khatian was opened in the name of the plaintiff-respondent Nos. 1-4. The appellate Court on consideration of the aforesaid facts as well as the other materials on record as mentioned hereinbefore arrived at a finding that ......st of Taka 5,000. Ed. ......ct since in Title Suit No. 43 of 1978 identity of the land i.e. land of DS plot No. 7825 and diara plot No. 203/31, was ascertained and found identical. The appellate Court on consideration of the evidence of the plaintiffs held that the plaintiffs failed to prove their possession in the land in..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
...., as such, the order to decree the claim by the learned District Judge against the respondents is absolutely illegal. 9. He thereafter, submits that the High Court Division considering the facts and law took a correct decision in setting aside the order dated 26-6-2000 passed by the lear......ed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Bangladesh Shilpa Rin Sangstha (BSRS)...........................Petitioner Vs. Monowara Begum and others.......................................Respondents Judgment May 2, 2006. ......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....e directed against the judgment and order dated 17-8-2004 passed by a Division Bench of the High Court Division in Writ Petition Nos. 3420 and 3936 of 2001 making the Rules absolute. 2. Short facts are that father of the writ petitioner in both the writ petitions had been a tenant in respect...... (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment December 15, 2005. The Ban......e notice dated 11-7-2001. 10. In the circumstances, we find no cogent reason to interfere with the judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....ivil Revision Nos. 198 and 199 of 1998 (heard analogously) discharging the Rules. 2. Since both the leave petitions arise out of the same judgment they are taken together for disposal. 3. The facts leading to the leave petition are that the suit property originally belonged to Messrs Golden ...... 2003. The Code of Civil Procedure, 1908 (V of 1908), Order I rule 10 The High Court Division found the petitioner as an unauthorised occupant under a monthly tenant. He has obviously no right and title in the suit property. Consequently, he is not a necessary party to the suit for eviction o......wo revisional applications before the High Court Division in Civil Revision Nos. 198 and 199 of 1998 both of which were discharged on the ground that the petitioner could not prove fraud by any legal evidence on record though it sought for a declaration that the ex parte decree was fraudulent, void ..Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....ve is directed against the judgment and order dated 19-11-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 559 of 1997 making the Rule absolute. 2. Short facts are that the respondent No.1 filed Miscellaneous Case No. 394 of 1978 in the 2nd Court of Mun...... Ed. ...... and they have developed the case land at a cost of Taka 5,000. Accordingly, the pre-emptees prayed for dismissal of the case. 4. The learned Senior Assistant Judge on consideration of the evidence on record found that the pre-emptor is a co-sharer in the case holding and the case is not..Category: Property Law | Date: | Hits: 64
Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)
............................Respondent Judgment December 7, 2004. The Contempt of Court Act, 1926 (XII of 1926), Section 2 'Apology' is an act of contrition, but in the facts and circumstances of the case, it is not a bonafide repentant one of a penitent heart and is...... Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Shahudul Haque, IG Police and others..................Appellants Vs. State............................Responde......the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ..Category: Criminal Law | Date: | Hits: 64
Supreme Court of Bangladesh, Appellate Division, Dhaka Vs. Election Commission, 2006, 35 CLC (AD)
....sented by the Chairman (Chief Election Commissioner) and Alhaj Nurul Islam Moni MP to show cause as to why they shall not be proceeded with for committing contempt of this Division. 2. The facts giving rise to the Rule are, in brief: 3. Alhaj Advocate Mohammad Rahmat Ali MP and a...... Supreme Court of Bangladesh, Appellate Division, Dhaka.........................Petitioner Vs. Election Commission represented by the Chairman (Chief Election Commissioner) and anr.......Respondents Judgment April 17, 2006. Cont......Senior Member of the Bar and also as an Officer of this Court and we sound word of caution to him for the future. With the aforesaid observations, the Rule is disposed of. Ed. ..Category: Election Law | Date: | Hits: 108
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
.... 11. Mr. Md. Fazlul Karim learned Counsel appearing on behalf of the respondent No. 1, on the other hand, opposes the appeal submitting, inter alia, that the trial Court considered the facts and circumstances and evidence on record and correctly decided the case and decreed the suit.......in CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Rajdhani Unnayan Kartripakha......................Appellant Vs. Abdul Jakir and others........................Respondents Judgment April 6, 2006. ......zlul Karim learned Counsel appearing on behalf of the respondent No. 1, on the other hand, opposes the appeal submitting, inter alia, that the trial Court considered the facts and circumstances and evidence on record and correctly decided the case and decreed the suit. 12. The lowe..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
.... respondents since it is for the Bank to decide whether it will continue transaction with its particular customer, herein respondents, in a particular state of the matter. In the background of the facts and circumstances as noticed hereinbefore, it appears to us that the High Court Division by t...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Agrani Bank and other........................Appellants Vs. Essential Garments Ltd. and others......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ..Category: Banking Law | Date: | Hits: 121
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