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Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
.... and Tipri Barman inherited the suit land along with other land as they are only heirs. Aswani died leaving his full brother Tipri Barman as his only heir. Hence the said Tipri Barman became the owner of entire properties of Dadhiram including the suit land. The plaintiff-petitioner purchased t......r 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
Engineer Afsaruddin Ahmed and others Vs. State and another, 2012, 41 CLC (HCD)
....p for payment of the cheque-amount. Accused Nos.1 and 2 are the Directors of the company and they issued the cheques. Accused No.3 is also a director who issued the work order and accused No.4 is the owner and chairman of the company namely Ibrahim Iqbal Memorial Hospital Limited. Since no payment a...... ......the case in accordance with law. Let a copy of this judgment be communicated to the concerned Court below at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 1. ..Category: Civil Law | Date: 8 Oct, 2012 | Hits: 21
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Government of Bangladesh Vs. ATM Mannan and another, 2012, 41 CLC (AD)
.... basis of treating the property as abandoned property merely because the same was disputed by the claimant and, as such, the impugned judgment should be set-aside. He lastly submits that the original owner left the country during the war of liberation leaving the disputed building uncared for and th......d. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka.............Appellant Vs. ATM Mannan and a......the Rule absolute. Accordingly, the appeal is allowed and the impugned judgment is set-aside. There is no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 10. ..Category: Property Law | Date: 8 Aug, 2012 | Hits: 84
Golam Rahman Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)
....ant Manager, Treasury, of the respondent No.2 Company. Since the shares were taken in the benami of respondent No.3 by using his BO ID 1203-6800-1315-6518, the respondent No.3, in order to secure the ownership of the petitioner in those shares, has issued 5 undated cheques in favour of the petitione......Present: Md. Rezaul Hasan J Golam Rahman………………………..................Petitioner Vs. Registrar of Joint Stock Companies and Firms and others.........Respondents Judgment August 6, 2012. Result: The ap...... Let a copy of the judgment and order be sent to the Registrar of Joint Stock Companies & Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 477. ..Category: Company Law | Date: 6 Aug, 2012 | Hits: 8
Yasin Rahman @ J Rahman Yasin @ Titu Vs. State, 2012, 41 CLC (AD)
....amgir or the fateful day. 52. P.W.48 stated that in course of investigation he seized ‘break down' call list of mobile phones 018313284, 018311175 and 017750895 and found that the owner of phone No. 018311175 was Yasin Rahman Titu but he wrongly mentioned the number as 0183......li Bhutto Vs. State, PLD 1979 SC 53; Maj. Md. Bazlur Huda Vs. State, ADC Vol. VI(A) 1; Shama Rao Vs. Union Territory of Pondicherry, (1967) 2 SCR 650; Nazir Hussain Vs. Muhammad Shafi, 17 DLR (SC) 40 and Abul Kalam Azad alias Ripon Vs. State, 58 DLR (AD) 26. State Vs. Abdur Rashid Piada alias Abdur ......ith the judgment of Surendra Kumar Sinha, J. Order of the Court This appeal is, however, dismissed by majority decision. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 8. ..Category: Criminal Law | Date: 1 Aug, 2012 | Hits: 36
Ishaque Ali (Md.) Vs. State, 2012, 41 CLC (HCD)
....consideration of the entire evidence and circumstances we are of the view that the victim Abedin entered the foam of the accused to commit theft in the dwelling house of the accused and, as such, the owner of the dwelling house is entitled to his protection and self defence. 68. It has been hel...... Result: The appeal is allowed. Confessional statement, not a verbation statement of the accused The facts of confessional statement are being gathered by a Magistrate on question and answer basis. So the recorded confessional statement can not be the verbatim statement of the ac......r, Meherpur and District and Sessions Judge, Meherpur. Send down the LC Record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 453 ..Category: Criminal Law | Date: 25 Jul, 2012 | Hits: 9
Faizur Rahman (Md.) and another Vs. Mokarram Hossain and others, 2012, 41 CLC (HCD)
....decree dated 30-9-2009 passed by the learned Joint District Judge, 1st Court, Dhaka dismissing Title Suit No.136 of 2006. 2. In the suit plaintiff prayed for a decree for declaration of 16 annas ownership in the suit property with further prayer of confirmation of possession. 3. It is plai......D) (2013) 46. ......j Pran Krishna Sing Bahadur, Maharaj Kumod Krishna, Nirod Chandra Sing, Nogendra Chandra Sing and Dijendra Chandra Sing sons of late Maharaj Krishana Singh Bahadur who were the CS recorded owners and possessor of the suit property and their names have been recorded in CS Khatian 16842/13, CS dag No...Category: Property Law | Date: 25 Jul, 2012 | Hits: 10
Government of Bangladesh and others Vs. Mir Md. Imam Hossain, 2012, 41 CLC (AD)
....e is no scope for maintaining the said order. 7. On perusal of the said judgment, we find that this Division maintained the findings of the High Court Division; that Mrs. Gulshan Ali Hijri was owner of the property who died leaving behind her husband, two sons and a daughter, that she belon......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others ............Appellants Vs. Mir Md. Imam Hossain…………………………......nt of this Division we find no merit in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 33. ..Category: Property Law | Date: 17 Jul, 2012 | Hits: 8
Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)
....ase/stage is known as “shore handling contractor” which is done on shore after discharging cargo/container from the vessel berthed at Chittagong Port; The shipping agents on behalf of the owners of the vessels declare the arrival of vessels to the Custom and Port Authority and submit ne......igh Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Ancient Traders Limited, Facy Building (2nd Floor), 87 Agrabad C/A, Chittagong-4100 and others……………………………Petitioner Vs. Chittagong Port Atuthority, Ban......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: 21 Jun, 2012 | Hits: 20
Category: Property Law | Date: 20 Jun, 2012 | Hits: 94
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....ry of mesne profit. 3. The case of the plaintiffs, in short, is that there was a Niskor Lakhiraj in the name of Ram Raton Sur under Bhulua Zamindari within Tauzi No.5 of Noakhali Collectorate. The owner of the Niskor was Mohesh Chandra Narayan Chowdhury and subsequently Prasanna Narayan Chowdhury......resent: Surendra Kumar Sinha J Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md.lmman Ali J Md. Shamsul Huda J Hedayetullah and others….......Appellants Vs. Foyjun Nessa Begum and others……………Respondents Judgm......cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....-reply to the affidavit-in-opposition filed by added respondent No.6, Md. Mintu Chowdhury (leave petitioner herein) stating, inter alia, that it is false to say that the respondent is the absolute owner of the property in question on the basis of oral gift dated 14.03,2002 and possession of the ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Mintu Chowdhury...............................Petitioner Vs. Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: ......n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Ruhul Amin and others Vs. Bangabandhu Sheikh Mujib Medical University, 2012, 41 CLC (HCD)
....ের বিরুদ্ধে চিরস্থায়ী নিষেধাজ্ঞার ডিক্রী দিতে।“ 3. It is the plaint case that Nawab Sir Salimullah was the owner of the suit property along with other property, died, leaving eldest son, Nawab Habibullah Bah......Reported in: 18 BLC (HCD) (2013) 182. ......(six) months from the date of receive of this judgment. Send down the lower court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 182. ..Category: Civil Law, Property Law | Date: 27 May, 2012 | Hits: 12
Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)
....he entire second schedule land from Ranjit Kumar Kar and others for valuable consideration by a registered deed of sale dated 28th Magh, 1359 BS corresponding to 11-2-1953. Rashid Ali, being the owner in possession of the first schedule land, sold it to the plaintiffs by a registered deed of sa......R (AD) (2012) 127. ......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..Category: Property Law | Date: 8 May, 2012 | Hits: 112
Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....oth these appeal and Rule. 2. The facts relating for disposal of the appeal are that, plaintiffs are the heirs of late Professor Yousuf Ali and after his death, his heirs, plaintiffs, become the owners and demands for entering into an agreement with defendant for leasing the demised property de...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Dr. Moos Bin Shamsher.....................Defendant-Appellant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7, 2012. Resul...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99. ..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....ition contending, inter alia, that respondent No.6 is neither a borrower nor a mortgagor of any land with bank and that he had knowledge about the Artha Rin Suit. His father Serajuddin Sarder was the owner of 6 decimals of the land of suit khatian/suit plot. After his death, by amicable partition, a......etition No. 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
....operty in favour of the defendant No.3 by the defendant No.2 was illegal. 4. The case of the plaintiffs, in short, was that Sree Sree Radha Madhab Jew Deity the defendant No.4 was the original owner in khas possession of the suit land measuring 84 acres appertaining to plot Nos.722, 723, 724,......mmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Abdul Gaffar and others..............................................Petitioners Vs. Sree Sree Radha Ma...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....decimals to the pre-emptee-respondent Nos.2 to 5 by registered kabala dated 03.12.1998. That the pre-emptee-respondent Nos.2 to 5 were strangers to the case land while the pre-emptor-petitioners were owners of contiguous land. That knowing about that transfer of the case land the pre-emptor-petition......zammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Ismail and another..........................Petitioners (In Civil Petition No.642 of 2009) Abul Kashem......eposited within 1 (one) month. The petitioners are permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....he suit premises. It is the plaintiff's further case, that he purchased the shares of his other brothers and sisters by 2 registered kabala deeds dated 2-12-1991 and 3-12-1992 and became absolute owner of the suit premises. The defendant was verbally informed about his purchase and was requested......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monsur Hossain (Md.)........................Petitioner Vs. Rahima Khatun and others…………………Opposite-Parties Judgment ......ecord by the trial Court failing which the plaintiff would be at liberty to execute the decree as per law. Record be send down. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 207. ..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6