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Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....ted the plaintiffs to settle the rent on the basis of a new Contract, which they declined. Then, on 1‑5‑95 defendant No.12 issued a legal notice upon the plaintiffs asking them to vacate the suit property but without any result. Then, on 4‑9‑95 defendant No.12 again issued a statutory notice...... (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Ashraful Alam........................................Appellant Vs. Md. Moniruddin and ors..........................Respondents Judgment August 17, 2004. Result: T...... was the original owner in possession of the suit land and he hailed from Keraniganj, Dhaka. He used to possess the suit land through tenants. He died leaving behind defendant Nos.1 to 11 as his only legal representatives. Abdul Motaleb, father of the plaintiffs, took lease of suit shops at a monthl..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....ons and three daughters. 4. After his death, his legal representatives instituted Title Suit No.417 of 1983 in the First Court of Munsif at Dhaka for partition and on amicable partition the suit property fell in the share of Anisuddin Ahmed, proforma defendant No.4 and husband of the plaintiff,......Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Hasina Begum....................................Appellant Vs. Deputy Commissioner, Dhaka and others........Respondents Judgment August 15, 2004. Result: The Appeal is al......he plaint and for further declaration that the entire proceeding in certificate case No.17 of 1986 including order of attachment and auction sale of the General Certificate Office at Dhaka were all illegal, without jurisdiction, void and of no legal effect. 3. Plaint case, in short, is that one..Category: Others | Date: 15 Aug, 2004 | Hits: 3
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....since then continued to be so recorded in SA and BS record of rights without any objection from any quarter. The land was being held as waqf for about 76 years. The Waqf Administrator without holding proper enquiry upon notice on the beneficiaries said that the land was not enlisted as Waqf and such......; Chowdhury (Md.)……………………………………………Petitioner Vs. Administrator of Waqf and others……………………………Op......lam Attorney very land was mentioned to be as plot No.460appertaining to Khatian No.449. 15. In the circumstances, he submitted, on the application of said Khurshed Alam the Waqf Administrator illegally cancelled earlier enlistment dated 23-5-93 and said that the disputed land was not enlisted ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
Jane Alam (Md.) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nce to the aforesaid Trawler of the petitioner. In accordance with law within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 305. ......inal Jurisdiction) Present: Md. Joynul Abedin J Sharifuddin Chaklader J Jane Alam (Md.)...........................................Petitioner Vs. Government of Bangladesh and others..............Respondents Judgment August 10, 2004. Result: The Rule ......tration and licence to the fishing trawler of the petitioner named ‘FV Kohinoor‑1’ for deep sea fishing should not be declared to have been made without lawful authority and to be of no legal effect and why they should not be directed to grant registration and licence to the said fishi..Category: Admiralty Law or Maritime Law | Date: 10 Aug, 2004 | Hits: 4
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ...... Amin J MM Ruhul Amin J Md. Tofazzul Islam J State ………………..Appellant Vs. Md. Arab Ali, Ex‑Manager, Rupali Bank and others..........Respondents Judgment August 10, 2004. ......with the denationalisation of the Bank by the Gazette Notification dated April 6, 1987 in spite of the decree in the Title Suit No. 2 of 1989 declaring the dismissal order of the respondent No. 1 not legal, the respondent No. 1 having had ceased to be a public servant upon nationalisation the High C..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
Ayub Ali Chowdhury Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....nbsp; ......iginal Jurisdiction) Present: ABM Khairul Haque J ATM Fazle Kabir J Ayub Ali Chowdhury............................................Petitioner Vs. Government of Bangladesh and others..................Respondents Judgment August 8, 2004. Result: The Rul...... 44, 45 The enquiry committee conducted its enquiry without following provisions of the concerned regulations or the principle of natural justice as stated above obviously this report has got no legal validity. Since it appears that the penalty of compulsory retirement was imposed upon the..Category: Employment/Service Law | Date: 8 Aug, 2004 | Hits: 3
....‘89 instituted the suit in the First Commercial Court at Dhaka against the Bangthai Electrical Industries Limited and others for a money decree of Taka 74,093,709.26 and also for declaration that the property of defendant Nos.1, 4 and 5 as described in schedule 'Kha' and 'Ga’ were ......Reported in: 57 DLR (2005) 643.
......of bank dues depends to a large extent upon the precision and completeness of the documents obtained from the customers; each bank should have a set of printed forms of its own which must be drawn by legal experts and such documents must avoid age-old archaic and cryptic wordings, coverage and langu..
Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....No.2, Dhaka in Title suit with a direction to execute and register the sale deed within 30 days from the date of judgment. 2. Fact necessary to dispose of this appeal, in brief, is that the suit property comprising building is in the Model Town of Banani. The suit property originally belonged t...... S Rahman Miah J Dewan Abul Abbas………………………………………Petitioner Vs. Muna Haque and other……………………………&he......ey themselves paid the earnest money and they gave authority to their father to sip the agreement on their behalf. Agreement is a solemn affirmation between the parties obliged to do if the terms are legal and fair. In this case we find that them was no agreement between the plaintiffs and the defen..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
..... Result: The Rule is discharged. Easement Act (V of 1882); Section 60 Possession is the objective realisation of ownership. It is the de facto exercise of a claim to certain property and a de facto counterpart of ownership. Possession is a right in the de facto relation of ......J Nurul Haque (Md.) ……………………………………………Petitioner Vs. Anowara Begum and others……………………………&h......1980 on 5‑2‑1980 in the Court of the Munsif, Thakurgaon, Dinajpur praying for setting aside the ex parte decree passed on 24‑5‑1979 in the Other Class Suit No.400 of 1978 declaring the same illegal. collusive and not binding upon her and the learned Munsif by his judgment and decree, dated 3..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Rajdhani Unnayan KartiÂpakhya (RAJUK) Vs. Jahanara Begum & others, 2004, 33 CLC (AD)
....he aforesaid writ petition by filing affidavit‑in-opposition. The RAJUK denied the material averments made in the writ petition and stated, inter alia, that after requisition and acquisition of the properties by the different LA cases the original owners ceased to have any right in the land so acq......esent: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Rajdhani Unnayan KartiÂpakhya (RAJUK) repreÂsented by its Chairman ...... .........Petitioner Vs. Jahanara Begum and others ........Respondents Judgment July 21, 2004. Result: The decision of the H......the Badda Rehabilitation Zone, that title of the acquired land has vested absolutely with the RAJUK and, as such, the claim of the writ‑petitioner as awardee on the basis of purchase in 1994 is not legally tenable. 5. It was the contention of the writ‑petitioner that as his vendor was the ow..Category: Property Law | Date: 21 Jul, 2004 | Hits: 133
....50 of 1997 punishable under section 138 of the Negotiable Instruments Act (Act XXIV/1881) should not be set aside or pass such other order or further order or orders as to this court may seem fit and proper.
2. In short, the case of the prosecution for the purpose of disposal of this Rule is as...... 57 DLR (2005) 603.
......ence, passed by the trial Court. Thereafter convicted accused, being petitioner, has preferred this revisional application under sections 435 and 439 of the Code of Criminal Procedure challenging the legality and propriety of the impugned judgment and order of conviction where he has obtained the pr..
Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
M. A. Mazid and another Vs. The Chairman, Chittagong Port Authority and others, 2006, 35 CLC (AD)
....equires adjudication of factual aspect by evidence" in the impugned judgment is hereby expunged. With above expunction of the redundant observation, this petition is dismissed. Ed. ......tion is dismissed. Ed. ......l of Tk. 1,68,00854.48 for VAT as charge and sell charges in respect of the delivery of vessel M.V. Blue North (Annexure A) should not be declared to have been made without lawful authority and of no legal effect and why a direction should not be issued to the Chittagong Port authority to deliver th..Category: Fiscal/Taxation Law | Date: 18 Jul, 2004 | Hits: 109
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....son Bhupati Bhushan Das as his only legal representative. By a family partition effected by a registered deed in 1936 Juthisthir and Arjun and their nephew Bhupati Bhusan Das partitioned their entire property and by way of that partition Juthistir got said northern 36 decimals of land in his share a...... (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Syed AB Mahmudul Huq J Zamini Bala Das..........................................Petitioner Vs. Abdul Aziz and others.................................Opposite Parties Judgment July 17, 2004. R......d Arjun jointly lived with brother Bhim Das Poddar at the time. Said brothers acquired the land with the income of the joint family. Bhim Das Poddar died leaving a son Bhupati Bhushan Das as his only legal representative. By a family partition effected by a registered deed in 1936 Juthisthir and Arj..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....and materials on record and without adverting to the reasoning given by the trial court reversed the findings of the trial court. Therefore, the judgement of the High Court Division is not a proper judgement of reversal……………………(33) ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tofazzul Islam J Nurul Haque and others.......... Appellants Vs. Abdus Salam Chowdhury and ors. …......Resp......soon. In April, 1962 Salamatullah was transferred to Karachi but he left for Karachi without handing over possession to the plaintiff. The plaintiff further asserted that defendant Nos. 1‑5 illegally entered into the premises as described in schedule‑C without any knowledge of the pla..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Rajshahi DevelopÂment Authority Vs. Sultan Ahmed, Advocate and others, 2005, 34 CLC (AD)
....9, 2004. Acquisition and Requisition of Immovable Property Ordinance, 1982, Section 47 Application of the provision of the Ordinance when the property was acquired under the Act- Section 47 of Ordinance No. II of 1982 pr...... Md Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Rajshahi Development Authority……...........Appellant Vs. Sultan Ahmed, Advocate and others.............. Respondents Judgment June 29, 2......g matters under the Act No. 13 of 1948 i.e. the Emergency Requisition of Property Act, are to be continued and disposed, of thereunder, as if it has not been repealed but the High Court Division illegally applied the provisions of the said Ordinance in the instant proceeding drawn under th..Category: Constitutional Law | Date: 29 Jun, 2004 | Hits: 232
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and othÂers, 2004, 33 CLC (AD)
....e tenants of Khatian No. 450. It is the case of the pre-emtpor appellant that his uncle Abdul Ghani died leaving no male issue and as such Abdul Mogni and for that matter his heirs also inherited the property of Abdul Ghani along with his daughter. It is seen from the materials on record that heirs ......ngladesh Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Abdul Mumin alias Tanu Miah.......... Appellant (In all the appeals) Vs. Mahfujur Rahman and othÂers................ Respondents (In Civil Appeal No. 85 of 1998) Pervejur Rahman and othÂ......her the same were up dating of the record of right i.e. khatian No. 450 as per provision of Section 143 of the State Acquisition and Tenancy Act, 1950.The learned Counsel continued since there was no legal partition i.e. partitionby metes and bounds by the decree of the Court or by a registered inst..Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
.... 11. Impugned order dismissing the appeal therefore, must be struck down. 12. But sending the appeal back to the appellate Court for decision on merit would now serve no purpose nor it would be proper for us to decide the legality of the order of ad-interim injunction. Because any decision on ......evisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J ACI Ltd..........................................Petitioner Vs. Square Pharmaceuticals Ltd. and another.........Opposite Parties Judgment June 23, 2004 Result: The Rule i...... Assistant Judge at Sadar in Pabna against the petitioner and another for a decree of declaration that the licence dated 14‑10‑02 granted by defendant No.1 for production of 'Polyron' was legal and still valid and that the registration dated 29‑9‑02 in the name of 'Polyron' g..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
....hich ought to have been served, but have never come to the notice of the defendant at all, excluding, of course, cases of substituted service, service by filing in default, or cases where service has properly been dispensed with Danckwerts, LJ., adopted that judgment. I do not myself attach importan...... Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Mir Hashmat Ali J Abdul Gaffar Chowdhury............... Petitioner Vs. Joint District Judge and Artha Rin Adalat & others..........Respondents Judgment June 14, 2004. Results: ......the ex parte decree dated 12‑6‑02 passed in Mortgage Suit No.26 of 2001 (Annexure‑F to the petition) should not be declared to have been passed or made without any lawful authority and is of no legal effect. 2. The facts as stated in the petition briefly, are that the petitioner is the prop..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
AHM Mustain Billah & others Vs. Bangladesh, 2004, 33 CLC (AD)
....cation dated 1‑3‑1988 following the provision of rule 3(g) introduced in 1985 in the BCS Service Seniority Rules 1983 inasmuch as the ‘notional' seniority is inherent in the seniority rules for proper placement in the respective cadre given to the appointees who would, however, get no financi......zzul Islam J MA Aziz J Amirul Kabir Chowdhury J AHM Mustain Billah & others…………. Petitioners Vs. Bangladesh represented by the Secretary, Ministry of EstablishÂment and others ...........Respondents Judgment May 23, 2004. The Constitution of Bangladesh......l to respondent Nos. 2‑61. They further claimed that the Government order as contained in Memo No. Sha.Ma (Bldhi‑2) Gesthat‑57/93/ 49(100) dated 4Â-4‑94 is without lawful authority and of no legal effect and that the appellants are senior in service to respondent Nos. 2‑61. Briefly stated..Category: Employment/Service Law | Date: 23 May, 2004 | Hits: 128
....he respondent No.2, filed a bankruptcy case being Bankruptcy case No.1 of 2000 in the Bankruptcy Court Additional District Judge Chittagong clamming taka 7,23,89,000.00 if necessary by selling of the property belongings to the petitioner company by appointing a receiver.
3. The petitioners cont......7 DLR (2005) 716.
...... of 2000 now pending in the Court of Bankruptcy and Additional District Judge (respondent No.1), Chittagong, should not be declared to have been initiated without any lawful authority and to be of no legal effect.
2. The facts of the case, in brief, are that Bangladesh Shilpa Bank, the responde..
Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
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