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Hafizul Islam Chowdhury (Md.) Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....hirul Islam and Md. Shafiqul Islam both are sons of late Joynal Abedin, Md. Abdul Wahab and Abdul Jabbar both are sons of late Mofizuddin, Zahura Kharun wife of late Joynal Abedin are the SA Recorded owner of Khatian No. 268 and dag No.1061 of 20 acres land. Subsequently they have sold 15.12 ½...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mizanur Rahman Bhuiyan J Hafizul Islam Chowdhury (Md.)................Petitioner Vs. Bangladesh and others …………………………..Opposit......r disinterested letter in favour of Mr. Md. Hafizul Islam Chowdhury, and Md. Hafizul Islam Chowdhury subsequently purchased same land, thereafter, Md. Hafizul Islam Chowdhury has become the owner and possessor over the suit land. Accordingly, he has dug 4(four) ponds, established an Agro-Farm and he..Category: Property Law | Date: 19 Oct, 2011 | Hits: 4
Renuza Begum and others Vs. Md. Waziullah Mia and others, 2011, 40 CLC (AD)
....e contract can be enforced as against a subsequent transferee. 17. In Samptram Vs. Bawo Lal, AIR 1955 Allahabad 24, there was an agreement for sale on 25th June, 1952. On 17th July, 1952 the owner entered into another contract with the plaintiff Bawo Lal to sell the same property. On 25t......vil) Present: Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Renuza Begum and others..................Appellant Vs. Md. Waziullah Mia and others...............Resp......tract. There is no merit in these appeals. The appeals are, therefore, dismissed without, however, no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 201. ..Category: Contract Law | Date: 11 Oct, 2011 | Hits: 11
Bahauddin Haider Vs. State, 2011, 40 CLC (HCD)
....ns 402/409/109 of the Penal Code read with section 5(2) of Act II of Anti-Corruption Act, 1947, inter alia, that the accused-persons collusively showing a false and fictitious name of Lablu Miah, the owner of Ahmed Enterprise, Manikganj Bazar, Manikganj opened a false account No.1558 dated 14-1-1985......n Magistrate Court, Dhaka against the petitioner in Motijheel Police Station Case No.19(3) 1993 should not be quashed. 2. At the time of issuance of the Rule the accused-petitioner obtained bail and the proceeding as stayed. 3. The facts leading to the Rule in short are as follows: On......ime of issuance of the Rule is hereby vacated and re-called. Communicate the judgment to the Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 561. ..Category: Anti-Corruption Laws | Date: 3 Oct, 2011 | Hits: 195
Victor Simon Paat and other Vs. M.V. Accord and others, 2011, 40 CLC (HCD)
....g Port, Chittagong. 2. Mr. Sundoro Liung, Owner of Vessel M. V. Accord, Regent Kent International, Room No. 1202, Capital Plaza, Jardines Bazar, Causeway Bay, Hongkong. 3. Mr. Anwar Hossain, Co-owner of M. V. Accord, Road No. 1, House No. 6, Dhanmondi R/A, Dhaka. 4. Mr. Michail Lwee, Ma......g Director, Viking Associates Ltd. Hossain Chamber 1st Floor, 105, Agrabad, Chittagong, Local Agent of M. V. Accord….............Principal Defendants 6. The Chairman, Chittagong Port Authority, Bandar Bhaban, Police Station-Bandar, District-Chittagong. 7. The Harbour Master, Chittagong Port ......The plaintiff will be entitled to execute the decree against the sale proceed of the vessel M. V. ACCORD, now remaining in the Marshal account of this court. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 23 Aug, 2011 | Hits: 87
Bangladesh Vs. Nazirul Hoq, 2011, 40 CLC (AD)
....on the Government to prove that Ghulam Rabbani was present in this country during the liberation war of 1971. The learned Additional Attorney General has argued that since Ghulam Rabbani the original owner of the property in question left this country during the liberation war of 1971 the property i...... Muhammad Mamtaz Uddin Ahmed J Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Bangladesh Secretariat, P.S.- Ramna, Dhaka and others……………………Petitioners Vs. ....... No.1681 of 2010 is condoned. Let the C. P. No.1681 of 2010 be tagged with the appeal which arises out of C. P. No.2050 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 206. ..Category: Property Law | Date: 25 Jul, 2011 | Hits: 83
Abdul Aziz Vs. Most. Kutisona Bibi and others, 2011, 40 CLC (AD)
.... the predecessor-in-interest of the plaintiffs took pattan of the said four annas share of Khatian No.59 from the said landlords by a kabaliyat dated 05.08.1946 and possessed that land as exclusive owner. That the remaining 12 annas share of the said C.S. Khatian No.59 and the land of other two S.......inha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Abdul Aziz being dead his heirs:- 1(a) Asia Khatoon and others……………………..Petitioners Vs. 1(a) Most. Kutisona Bibi and others............. the light of observations made above. The impugned judgment is set aside. This civil petition for leave to appeal is thus disposed of. Ed. This Case is also Reported in: 9 ADC (2012) 190. ..Category: Property Law | Date: 24 Jul, 2011 | Hits: 71
State Vs. Tariqul Islam alias Rinku and 20 others, 2011, 40 CLC (HCD)
.... accused Mamun and Belial. In cross-examination by the defence he stated that Shaplachattar is the central point of Jhenaidah town and populous area. 25. P.W.17 Lal Munshi deposed that he is the owner of Munshi market and he has a shoe-store named "Milon-Shoe". On 17-8-2005 at about 1......e Jurisdiction) Present: Syed Md. Ziaul Karim J Abdur Rob J State...............................................................Petitioner Vs. Tariqul Islam alias Rinku and 20 others……......Convict-appellants Judgment July 17, 2011. Result:......gainst absconding accused Mohon and Tuhin. The Office is directed to send down the records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 53. ..Category: Criminal Law | Date: 17 Jul, 2011 | Hits: 6
Ayat Steel Limited Vs. Mohammad Ali and others, 2011, 40 CLC (AD)
....ion restraining the respondents from disturbing its possession in the suit property contending, inter alia, that it is in exclusive possession of the suit property after purchase from the original owner Capital Ship Breakers Limited by registered kabala dated 12th December, 2009. Thereupon it st......Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Ayat Steel Limited………………………….....Petitioner Vs. Mohammad Ali and others................ Respondents Judgment July 17, 2011. Result: The leav...... with no option but to maintain the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 123. ..Category: Civil Law | Date: 17 Jul, 2011 | Hits: 7
Abul Bashar Vs. Abul Kashem and others, 2011, 40 CLC (HCD)
....nally belongs to Abdul Jabbar and Mohammad Ismail, co-sharers and was recorded as such in RS khatian. Ismail sold his interest of the suit land to Abdul Jabbar. Abdul Jabbar was in possession, became owner of the entire property of the schedule land. Abdul Jabbar died leaving two sons, Abul Fazal an...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Abul Bashar…………………………Plaintiff-Petitioner Vs. Abul Kashem and others…………………………Defendant Opposite Parties Judgment June 23, 2011. ......rder without giving any unnecessary adjournment to the parties. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 199. ..Category: Civil Law | Date: 23 Jun, 2011 | Hits: 44
Md. Habibur Rahman Bhuiyan and others Vs. Mosammat Galman Begum and others, 2011, 40 CLC (AD)
....ints, namely; the defect of parties and the limitation. 3. Short facts which gave rise to the institution of the pre-emption proceeding are as follows: 4. Elahi Box and Abdul Malek Mollah are owners of the case holding in equal shares. There was an amicable partition between the said co-shar......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Md. Habibur Rahman Bhuiyan and others........................Appellants Vs. Mosammat Galman Begum and others...................ed by my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:9 ADC (2012) 575. ..Category: Property Law | Date: 15 Jun, 2011 | Hits: 169
Zeyad Rahman and another Vs. Delta Insurance Company and others, 2011, 40 CLC (HCD)
.... 2. Company Matter No.61 of 2010. The case of the petitioner in Company Matter No.61 of 2010 in short is that he is a shareholder of respondent No.1 company, being the beneficiary owner of Account No. 12025300375-7944; that he holds 8098 (eight thousand ninety eight) share of pub......Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ......our) weeks from the date of the drawing up of this Judgment and to report the compliance thereof within 1(one) week thereafter. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 336. ..Category: Company Law | Date: 26 May, 2011 | Hits: 9
Tofail Ahmed Vs. State, 2010, 39 CLC (HCD)
....mount of Tk. 25,00,000 (twenty lakh) was transferred by TT No.28 dated 04-09-2001, thus a total amount of Taka 50,00,000 was transferred. The further allegations are that Mr. Tofail Ahmed is the owner of the said amount of Taka 50,00,000 (fifty lakh) and at his request the said amount was trans......f Hossain Humayun, Senior Advocate with Awsafur Rahman, Advocate - For the Petitioner. SK Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku) Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - For the State. Khurshid Alam Khan, advoca......cerned. The accused is released from the bail bond. Stay granted shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 363. ..Category: Anti-Corruption Laws | Date: 15 May, 2011 | Hits: 211
Government of Bangladesh and Others Vs. Md. Gias Uddin Chowdhury and Others, 2011, 40 CLC (AD)
....sted the petition claiming that the writ petitioners constructed the buildings by encroaching the land of Military Estate Department which it had exchanged with the Government and became the absolute owner. The writ petitioners violating the layout plan of the RAJUK made constructions on the dispute......ppellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh and Others……………..Appellants (In Civil Appeal No. 88 of 2010) The Chairman, Rajdhani ...... any order as to costs with the above observations. This judgment would govern both the appeals. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 1, 17 BLC (AD) (2012) 14, VIII ADC (2011) 879. ..Category: Property Law | Date: 15 May, 2011 | Hits: 100
Category: Civil Law | Date: 12 May, 2011 | Hits: 34
Syed Moazzem Hossain (Md.) Vs. Tahsia Khanam and others, 2011, 40 CLC (HCD)
....nd received by the plaintiff on 18-12-1985. The bank sent dividends for the years 1986-1988 to the plaintiff at her address as given and recorded in the Register of Shares. (ii) That the current ownership of the shares, however, is uncertain due to the existence of various applications submitte......Division (Civil Appellate Jurisdiction) Present: Shahidul Islam J Md. Rais Uddin J Syed Moazzem Hossain (Md.)..........................Appellant Vs. Tahsia Khanam and others……..........................Respondents Judgment May 8, 2011. ......aside. The suit is dismissed, however without any Order as to costs. Send down the records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 11. ..Category: Company Law, Procedural Law | Date: 8 May, 2011 | Hits: 9
Kyung Hae Maritime Co. Ltd. and others Vs. M.V. BF Glory and others, 2011, 40 CLC (HCD)
....ort System Co. Monzoor Builiding, 67, Agrabad Commercial Area Chittagong, Bangladesh; Doosan Capital Co., Ltd. 16th, 17th Doosan Tower, 18-12, Euljiro 6-ga, Jung-gu, Seol, Republic of Korea, the owner of the vessel MV BF GLORY; represented in Bangladesh by the local agents: Mariners Transport S......ted Attorney M/S Kabir & Associates, 40/A, Panchlish Residential Area, Chittagong, Bangladesh……...Plaintiff Vs. 1. M.V. BF Glory (Ex-kunai), A vessel now berth at CUFL, Jetty, P.S.-Bandar, Chittagong, Represented by their local agent defendant No.5 M/S. Mariners Transport System Co......No.19 of 2009 M/S. Kysco Shipping Co. Ltd. and also against the BF. Shipping Limited in Admiralty Suit No. 27 of 2009 and Admiralty Suit No. 28 of 2009. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 4 May, 2011 | Hits: 70
M/S. Ace Traders Vs. M. V. DIJENDRALAL and Others, 2011, 40 CLC (HCD)
....sion 55, Motijheel Commercial Area, P. S. Motijheel, Dhaka-1000, represented by its proprietor, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700043 India. 2. Central Inland Wate......or, Md. Nurul Islam…....Plaintiff. Vs. 1. M. V. DIJENDRALAL, An Indian Flag Carrier Ship having its owners address at T.T. Sheds, 6, Garden Reach Road, Calcutta 700043 India. 2. Central Inland Water Transport Corporation Ltd., T. T. Sheds, 6, Garden Reach road, Calcutta 700043 India, owne......es Insurance Company Limited on contest and also against the defendant Nos.1, 2, 3, 5, 7, 9 and 10 ex parte. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Admiralty Law or Maritime Law | Date: 27 Apr, 2011 | Hits: 64
Padma Oil Company Limited Vs. Md. Abdus Samad and others, 2011, 40 CLC (AD)
....anceling the approval of the filling station of the writ-petitioner, we find merit the contention of the learned counsel appearing for the caveator that the Ministry on the being influenced by the owner by ‘Titas Filling Station' directed the Bangladesh Petroleum Corporation to cancel the appr......ndra Kumar Sinha J Madam Justice Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Padma Oil Company Limited.............Petitioner Vs. Md. Abdus Samad and others………….......Respondents Judgment 7 April, 2011. Result: This ......ry license/permit for supplying fuel as per prevailing rules. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 154. ..Category: Others | Date: 7 Apr, 2011 | Hits: 7
Maulana Mohammad Shamsul Huq and others Vs. Abu Taher and others, 2011, 40 CLC (AD)
....d and for declaration of title and recovery of khas possession of schedule "Ga" land as described in the schedule to plaint. 3. The plaintiffs' case, in short, is that Bhabani Charan Laha was the owner of 48 decimals of land of C.S. Khatian No.440 as described in schedule "Ka" to the plaint. Bah......Division (Civil) Present: Md. Mozammel Hassain J Surendra Kumar Sinha J Wahhab Miah J Nazmun Ara Sultana J Syed Mahhmud Hossain J Maulana Mohammad Shamsul Huq and others........................Petitioners Vs. Abu Taher and others………………………......ppellate court. We, therefore, find no merit in this petition for leave to appeal and hence this petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 365. ..Category: Property Law | Date: 20 Mar, 2011 | Hits: 84
Category: Civil Law | Date: 17 Feb, 2011 | Hits: 5