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Shamsuddin alias Shamsuddoha Vs. Mvi Amjad Ali & others, 2003, 32 CLC (AD)
....pondents Judgment August 27, 2003. The Code of Criminal Procedure, 1908 (V of 1898), Sections 145 & 146 Criminal Court exercising limited summary jurisdiction over possession of a property may regulate possession by appointment of a receiver and finally deciding possession of the...... Supreme Court Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J AS Ahammed J Shamsuddin alias Shamsuddoha.........Appellants Vs. Mvi Amjad Ali and others.....................Respondents Judgment August 27, 2003. The Code of Crimin...... disturb first party in their possession of the land and with that end in view the second party have been collecting arms and undesirable elements and are determined to oust the appellants from their legal possession over the case land and have been threatening the labourers of the first party appel..Category: Property Law | Date: 27 Aug, 2003 | Hits: 414
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....Defendants are respondents in the appeal. 4. Appellants as plaintiffs on 4.3.1989 instituted a suit being Title Suit No.87 of 1989 in First Court of Subordinate Judge, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out to ......vil) Present: AK Badrul Huq J Md. Abu Tariq J General Manager, Bangladesh Bank, Dhaka Office, Motijheel Commercial Area, Dhaka………………..Appellant Vs. Saiyed Shahidul Haque and others…………………Respondents Judgment August 23, 2003. Result: The appeal......3.1989 instituted a suit being Title Suit No.87 of 1989 in First Court of Subordinate Judge, Dhaka for a declaration that property described in schedule-A to plaint is acquired land of Government and legally leased out to plaintiff and Plaintiffs title therein is unaffected by Defendant's documents ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
Harunur Rashid and ors. Vs. State and ors., 2004, 33 CLC (AD)
....e under section 464 of the penal code. The other accused participated in making such deed committed offence under section 463 of the penal code and conviction under section 467 of the penal code is proper. Lawyers Involved: Abdus Sobhan, Senior Advocate, instruct...... Appellate Division (Criminal) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Harunur Rashid and others.....................Petitioners Vs. State and others......Respondents.&nbs......ated a forged kabala bearing No. 23838/82 in the Sadar Sub‑Registrar's office in respect of the land mentioned in the schedule thereto belonging to Sree Radha Madhab Biswambar Jiew for making illegal gains and also to grab the Debuttar property of the Akhara, that it is alleged that the accuse..Category: Criminal Law | Date: 23 Aug, 2003 | Hits: 85
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
.... Committee considered the prayer of the defendant No. 6 and took decision to lease out the land to it. It is the definite case of defendants that the allotment made to defendant No. 6 was neither improper nor illegal and the allotment has been made upon due compliance of the law. There is only la...... Md. Ruhul Amin J AS Ahammed J MM Ruhul Amin J Capital Tower Limited................... Appellant Vs. Mirpur Mazar Co‑operative Market Society Limited and others ...........Respondents Judgment &n......d in violation of order of status quo Document registered in violation of an order of status quo would not become invalid although party violating such order would expose themselves to legal action. For such violation document cannot be declared void or illegal or fraudulent or coll..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....9 decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.12 of 1999 in the 3rd Court of Joint District Judge, Dhaka for ejectment of defendant-appellant from the suit property and for delivery of vacant possession of the suit property in their favour contending, inte......on) Present: Md. Abdul Matin J Afzal Hossain Ahmed J Loretto represented by Nasreen Rahman, Principal……………Appellant Vs. Nasreen Sobhan and another……………………………&......o pay any rent to the plaintiff Nos.2 and 3 and thus they became defaulters. It was further stated that the suit premises is a very old and dilapidated building and the defendant has also made some illegal construction therein without the consent of the plaintiffs and, as such, the RAJUK served a no..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Bangladesh Vs. Rehana Kamal and ors., 2004, 33 CLC (AD)
....is directed against the judgment and order dated 9‑11‑1997 of the High Court Division passed in Writ Petition No. 1320 of 1993 making the Rule absolute declaring the inclusion of the respondent's property at Plot Nos. 537 and 538 of holding No. 14, Road No. 8, Dhanmondi Residential Area, Dhaka i...... Court Appellate Division (Civil) Present: KM Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Bangladesh .....................Appellant Vs. Rehana Kamal and others................ Respondents Judgment July 8, 2003. Result: The appea......n, Dhaka, Meanwhile the Ministry of Works by its letter dated 23‑10‑1973 informed the tenant, American Embassy not to pay the rents to the absentee owners as there is a dispute with regard to the legal status of the house. In such situation Major (Retd.) Mahmud Kamal, the husband of Mrs. Rehana ..Category: Immigration and Citizenship Law | Date: 8 Jul, 2003 | Hits: 279
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....party Nos.1‑13 to show cause as to why the impugned order complained of in the petition should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The case of the petitioners, in short, is that the predecessor-in-interest of the pe......his Case is also Reported in: 57 DLR (2005) 307. ......he General Clause Act as pending proceeding. He further submits that notwithstanding the repeal of section 47, CPC as per provision of section 6 of General Clauses Act the same would not affected any legal proceeding and, as such, the proceeding shall continue as if there has been no repeal of secti..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
....e facts may briefly be stated as follows- 3. The present petitioner as petitioner filed Writ Petition No.3705 of 2001 before this Court calling in question the requisition and acquisition of the property of the petitioner through L.A. Case No.138/1961-62 and also challenged the notice issu......……………………………………………………Petitioner Vs. Mr. Azizul Huq and two others…………………………&helli......pass an order for payment of compensation to the awardee of the L. A. Case No.138/1961-62 at the present market value of the property in question. Moreover at the time of moving the writ petition the legality or propriety of the requisition and acquisition of the case land was not called in question..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13
Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)
.... No. 27 of 1976 in the 3rd Court of Subordinate Judge, Dhaka for specific performance of contract against the present respondent No. 8 who allegedly entered into a contract for sale of the suit property on 12.9.1979 receiving an earnest money of Tk. 30,000/- out of a total consideration of T......e Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Abu Sayeed Ahammed J Jahanara Begum being dead his heirs: Sheikh Shahnaz Begum and others ..........Appellants (In Civil Appeal No.438 of 2001) Kazi Ashrafuddin Ahmed..............e appellants in Civil Appeal No. 438 of 2001 and Mr. Mahbubey Alam the learned Counsel appearing for the appellants in Civil Appeal No. 439 of 2001 have submitted that the High Court Division acted illegally in striking out the names of the rule petitioners namely Jahanara Begum and Sheikh Shahnaz B..Category: Contract Law | Date: 12 May, 2003 | Hits: 251
Bangladesh Biman Corporation, represented by MD Vs. Rabia Bashri Irene and others, 2003, 32 CLC (AD)
....sion. In the afore state of the matter we find no substance in these petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 132. ......ivision (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Bangladesh Biman Corporation, represented by Managing Director .....Petitioner Vs. Rabia Bashri Irene and others...................Respondents Judgment April 30, 2003. Result: The petitions......es being gender‑based the same has rightly been held by the High Court Division as discriminatory and further the discrimination so made being violative of the Article 28 of the Constitution is not legal……………………………(10) Lawyers Involved: Rokanuddin Mahmud, Senior Advocat..Category: Employment/Service Law | Date: 30 Apr, 2003 | Hits: 164
Amir Hossain Vs. MA Malek & others, 2004, 33 CLC (AD)
.... is no bar for the complaint case to proceed side by side with winding up proceeding. In view of the above, the appeal is allowed. Ed. This Case is also Reported in: 56 DLR (AD) 146. ......D) 146. ......t by the complainant petitioner the convict respondents did not take necessary steps either for the encashment of the cheques or for payment of the money. Therefore, the complainant petitioner served legal notice upon the convict respondents demanding, refund of the money within 15 days. The convict..Category: Criminal Law | Date: 15 Apr, 2003 | Hits: 88
Suo Moto Order No. 248 of 2003, 32 CLC (HCD)
....ey General for Bangladesh for necessary action. With the aforesaid observations and directions the matters is disposed of. Ed. This Case is also Reported in: 11 BLT (HCD) (2003) 281. ......r is disposed of with certain observations. Lawyers Involved: A. F. Hassan Ariff, Attorney General with Adilur Rahman, Deputy Attorney General - for the Government. M. Idrisur Rahman and Dr. Nayeem Ahmed - for Oparajoy Bangladesh. Md. Asaduzzaman - for Odhikar. Suo Moto Or......e following directions: 1) Trial, if any, of all juvenile accused to be completed with utmost expedition by the juvenile Courts and the concerned law enforcing agencies, Prosecuting agencies and legal Aid committees be directed to take immediate steps in the mater. 2) Taking into considera..Category: Women and Children | Date: 9 Apr, 2003 | Hits: 148
Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)
....ssistant Judge, Kalia, Narail in Title Suit No.3 of 2003 granting temporary injunction shall not be set aside and or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite Party No.1 as plaintiff filed Title Suite No.3 of 2003 in the Court of Assi...... Ed. This Case is also Reported in: 57 DLR (2005) 273. ......use. There is no road communication to go to the said polling station except over the house of defendant No.3. Defendant No.3 lives in Dhaka and many things are heard about him including earning of illegal money. The plaintiff filed an application to defendant No.2 stating all these facts, but nothi..Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2
Motiur Rahman and others Vs. Chowdhury Md Mahfuzul Islam and ors., 2003, 32 CLC (AD).
....ve, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 104. ...... Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Motiur Rahman and others..............Appellants Vs. C......ention to give it a retrospective effect. Under the circumstances the respondents' claim to. be considered for promotion to the post of Superintending Engineer under the BADC Regulations, 1968, has a legal basis. 20. Mr. Amirul Islam, the learned Counsel, has argued..Category: Others | Date: 24 Mar, 2003 | Hits: 87
Giasuddin Ahmed Vs. Green Delta Insurance Co. Ltd. & anr., 2004, 33 CLC (AD)
....er for value. He has paid valuable consideration to the extent of Taka 44 lac for the said shares. He has completed all the necessary formalities for obtaining registration of the transfer and the property of the shares has vested wholly in the appellant. The refusal by the Company to register t...... Present: Md. Ruhul Amin J KM Hasan J Giasuddin Ahmed....Appellant Vs. Green Delta Insurance Company Ltd. and another .....................Respondents Judgment May 28, 2003. T...... buying shares on the open market are led to believe that their shares will be registered in their names, and that conversely when they sell shares the transferee will not have a problem acquiring legal title. In the absence of this assurance, free sale and purchase of shares in the stock exchan..Category: Business or Commercial Law | Date: 24 Mar, 2003 | Hits: 286
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... In that view of the matter, this petition is dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 82. ...... Judgment March 17, 2003. Waiver, Estoppel The petitioner accepted the conditions imposed upon her and she gave promise to observe the conditions so afterwards she can not be allowed to revert to th......sp; The petitioner accepted the conditions imposed upon her and she gave promise to observe the conditions so afterwards she can not be allowed to revert to the position but must accept the legal relation which she herself has so introduced, even though it is not supported by any law&hell..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
.... and that there being two different medical reports, the first one being favourable to the accused, they ought to have been given the benefit and that the High Court Division committed error in not properly sifting the evidence of witnesses, specially the evidence of PW 1, the informant, and the ...... (Criminal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Moinul Haque (Md) and another........Petitioner Vs. State ....................................she had been raped earlier by PW 6 Sree Joyenta Kumar Chakravarty on their way from Dhaka. 5. Lastly, it has been argued that the judgment is based on moral conviction in lieu of legal conviction because the circumstances do not support the prosecution case which do rather supp..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....tion 53 of the Act, In relation to body corporate "affairs of the company" means: The promotion, formation, membership, control, business, trading, transaction, and dealings, property, liabilities, profits and the income, receipts, losses, outgoing and expenditure; ......pellate Division (Civil) Present: Mainur Reza Chowdhury CJ Md. Fazlul Karim J Syed JR Mudassir Husain J AS Ahammed J Nahar Shipping Lines Ltd. and another .............Petitioners &nbs......ound for the just and equitable winding up by the company. 6. The respondents being assured to the court through their Counsel that they would not deprive the minority from "their legal benefits to which they are legally entitled". However, the majority did not fulfil the a..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....at the instant application for succession certificate has not been filed by the appellant but same has been filed by his alleged attorney Mr. Lutfor Rahman Sarder fraudulently and for grabbing the property and, as such, the application was liable to be dismissed. The Government of Bangladesh con......vs. Alagamal Achi, AIR 1961 Mad 438 at p 442; Commissioner of Wealth‑tax, Gujarat, Ahmedabad vs. Raipur Manufacturing Co. Ltd. (1963) 4 Guj LR 741 at page 751‑52; Mt Shyarn SUndari Devi and others vs. Sarti Devi and others AIR 1962 Patna 220; State Bank of India vs. Netai Ch Porel AIR......is ordinary residence at the time of death was in the town of Khulna. He left behind 5(five) sons of whom the appellant Aloke Nath Dey is the only one alive. The appellant is the only survivor and legal heir of the deceased. He was entitled to succession certificate of the debts and securities o..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
....ble to the respondent.
11. He has further argued that in view of section 6(b) of the General Clauses Act the respondent's application has to be considered under unamended section 7.
12. For proper adjudication of the matter the relevant ‑portion of section 7 of the Private University Act...... Court
Appellate Division
(Civil)
Present:
M Ruhul Amin J
KM Hasan J
Md. Fazlul Haque J
Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others .............Appellants
Vs.
North Point University... ……….Respondent
Ju......provision of the Private University Act, by which the amount to be deposited was increased from one crore to five crore for receiving permission to start the University. The respondent challenged the legality of the impugned letter before the High Court Division by invoking its writ jurisdiction in ..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
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