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Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)

....sha, a Wakf Estate with the plaintiff-petitioner as Mutwalli, for estab­lishing a Masjid, Madrasa and Etimkhana. When the construction work for the said Masjid, Madrasa and Etimkhana was nearly complete the defendant-respondent and defendant No.2 claimed that they were the owners of the suit ......osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ..

Category: Property Law | Date: | Hits: 43

Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)

....provi­sions of sub-sections (1) and 3 of Section 3 of the Hindu Womens Rights to the Property Act (XVIII of 1937) it clearly appears that during the period of her life time a Hindu widow is a complete owner and co-sharer of any property or holding in question with the right to claim par&sh...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ..

Category: Property Law | Date: | Hits: 67

Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)

....nce and the appellants having pre­ferred review application without filing appeal before the Arbitrator, the same was not maintainable. 3. In the circumstances, this Court decided to do complete justice in the matter under Article 104 of the Constitution and the respondent No.1 was di......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dis­missed. Ed. This Case is also Reported in: V ADC (2008) 138. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)

....take appropriate care for com­plying the statutory formalities for holding the annual general meeting, hereinafter referred to as AGM, of the company; sub­sequently steps for holding the AGM and to complete other statutory formalities were also taken but since Mr. Jeffery, one of the director, hav......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

Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)

....ficiently com­plies with the requirement. The manner of use of the waqf property as delineated in the different clauses of the waqfnama also shows that the wakif made clear provisions to ensure complete dedication in accordance with the requirement of Muslim law Clauses 1 to 6 provide for pay......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. ..

Category: Trust/Waqf Law | Date: | Hits: 171

Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)

....ift but by an unregistered instrument a person seeks to make a gift of immovable property, it must be registered. When the performance of one kind of obligations imposed under a law makes certain act complete, a separate kind of obligation cannot be introduced to nullify the same unless expressly pr....... 1. His case was that the suit land was sold in auction and the landlord parched it and also took delivery of possession. There after the landlord possessed the land in khas through the defendant as bargadar who subsequently took settlement of the said land from the landlord in 1355 B.S. Since then..

Category: Property Law | Date: | Hits: 37

Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)

....ase of circumstantial evidence when an accused offers a plea or an explanation and that plea or an expla­nation is found to be untrue it offers an additional link in the chain circumstances to complete the chain. 13. The High Court Division accordingly held that the extra-judicial con......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. ..

Category: Criminal Law | Date: | Hits: 51

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

....a (amaldari) and that the defendants have been pos­session the suit holding since then on the basis of the aforesaid settlement. Their fur­ther case is that Dhiren and Biren Bhattacharjee agreed to complete the trans­action by executing registered documents in favour of the defendant’s predeces......the defendants of the suit. The defen­dants did not set out in their pleading that they have been paying rent for the suit premises. 18. Mr. Ahmed lastly argued that Title Suit No. 134 of 1964 is barred under the provi­sions of Order 2, Rule 2 of the Code of Civil Procedure. He submits that the..

Category: Property Law | Date: | Hits: 34

Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)

....eholders. Thus the company very tactfully and deliberately induced the subscribers of the prospectus to believe the published material and important facts and information which were not, in fact, complete and correct to the entirety and to take up shares on the basis of the said prospectus l...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..

Category: Criminal Law | Date: | Hits: 36

Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)

....d on the facts on record. He accordingly submitted that under Article 104 of the Constitution, this court has power to issue such directions, orders, decrees or writs as may be necessary for doing complete justice in any cause or matter pending before it, including orders for the purpose of secu...... For the Respondent (In all cases). Cases Referred To- Adalat Khan Chowdhury & other vs. Province of East Pakistan, P.L.R 1959 Dhaka series 688; Behari Lal and another Vs. M.M. Gobardhan Lal and others, A.I.R 1948; (Allahabad) 353; Abul Basher Chowdhury vs. Mehar Khatun, 35 DLR..

Category: Property Law | Date: | Hits: 27

Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)

....sitting on appeal over the judgment and order of acquittal passed by the High Court Division but unlike subordinate Courts even the High Court Division this Court has been given a special power to do complete justice under Article 104 of the Constitution, inasmuch as this Court has been armed with t...... furtherance of their common intention. The deceased Chapa was the daughter-in-law of one Khalilur Rahman, a rich businessman of Barisal. He has several sons and daughters living in his house at Falorbari road, Barisal. Shahidul Alam, husband of the deceased Chapa and respondents Zahirul Alam Kamal ..

Category: Criminal Law | Date: | Hits: 94

Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)

.... the material allegations made by the respondent application. It was asserted that the respondent was proceeded against on specific allegation corruption and misconduct, that the first report was incomplete and the enquiry officer was therefore, directed to enquire into the allegations more elab......Order of the Court: By a majority decision the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 166. ..

Category: Administrative Law | Date: | Hits: 94

Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)

....ce Shahidul Islam impersonating himself as Abdul Mannan was working as Assistant Presiding Officer. 18. Khandaker Mahbubuddin Ahmed submits that this part of the finding of the Tribunal was completely ignored by the High Court Division and without reversing the said findings of the Tribun....... 1) allowed in part with modification of the order of the Election Tribunal in the following terms: We are of the view that the declaration of the Election Tribunal the election result of Gbarghata Govt. Primary School as void direction of re-poll is in accordance with law and that order..

Category: Election Law | Date: | Hits: 126

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

....ction and the present suit is for declaration of title in respect of the same land. The averments in the two plaints are almost interchange­able. It is also clear that in the present suit there is a complete suppression of the fact that the respondents filed an earlier suit in respect of the same s......, it is convincingly proved that the defendant appellants came to know of the ex-parte decree for the first time on 20.7.1981. the miscellaneous case having been filed on 05.08.1989, the same was not barred by limitation……………………(20 & 23)  Lawyers Involved: Rafique-ul H..

Category: Procedural Law | Date: | Hits: 116

Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)

....-98, Annexure-D to the writ petition, the respondent No.1 informed the appellant as follows: "as a gesture of goodwill we agree to execute the subject mentioned work as per your estimate and will complete the supply within the specified time of 30 days, delivery by sea with special arrangement a......is to be drawn up does not establish the proposition that they cannot be bound by a previous agreement and that in the present case the appellant and the respondent No.1 had reached a finality of the bargain which is evident from the letter of intent, and further, the direction in the letter of inte..

Category: Others | Date: | Hits: 100

Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)

....sinking tubewells without testing arsenic contents; in view of the admitted fact that tubewells are already identified as contaminated with arsenic contents the respondents are under legal duty to completely seal up the contaminated tubewells to save the lives of millions and such inaction on th......ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ..

Category: Environmental Law | Date: | Hits: 255

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....per scrutiny and no consideration has been given to inherent absurdities or improbabilities of them, then the appellate Court's finding cannot claim sanctity. This Court, whose duty it is to see that complete justice is done to all parties, cannot but interfere in such situations………………(1...... recovery of the dead body. The suggestion that Zafar was killed else­where is so absurd that even Mr. Malek did not pur­sue the defence case of illicit relationship with Lucky any further than was barely necessary. 86. PW 2 Dr. Hasanuzzaman in his cross-examination stated that "semi-digested f..

Category: Criminal Law | Date: | Hits: 74

Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

....exure-Q to the writ petition illegal and without jurisdiction and further directed the respondent No. 2 and another to allow     Sundarban Bank International Ltd. (Proposed) to complete all formalities as per memos dated 26.01.1982 and 10.02.1983 (Annexures-E and G to the wri......bordinate officers not approved by the prop­er -authority and the further submission that the learned Judges of the High Court Division erred in law in not holding that the review petition was barred by limitation and the sub­mission that the learned Judges of the High Court Division err..

Category: Banking Law | Date: | Hits: 124

Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ly the Deputy Commissioner issued notice under Section 3 of the Ordinance 1982. It was further stated that major part of the project with 4,500 acres of land under Rupgonj Police Station have been completed and the area of 1589.8925 acres in mouza Parabarta and Borokaw of Kaligonj Police Station......eti­tion are disposed of by this single order. 4. The facts necessary for disposal of the leave petitions are that the petitioners claim­ing to be land owners and cultivators in Parabarta and Borokaw Mouza in the district of Gazipur filed the above mentioned writ petition claiming..

Category: Property Law | Date: | Hits: 31

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....y from the erstwhile Dhaka Improvement Trust by a deed of lease. He partly constructed a building thereon with the loan taken from the House Building Finance Corporation, defendant No.1 but could not complete the building owing to the dis­turbed condition in the country in 1970. The build­ing rema......X of 1908), First Schedule, Articles 11(1) & 95 The plaintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understanding ..

Category: Property Law | Date: | Hits: 95