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Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....a Bhaban, has the lawful authority to allot any part of the Bhaban subject to consultation with the Ministry of Industries and the premises in question were leased to the petitioners by four lease agreements executed by the then Executive Engineer of PWD, who however did not have any lawful auth......ented by the Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others .......Respondents. (In both cases) Judgment July 7, 2008. Case Referred to- State of Haryana and others vs. Lal Chand and others, AIR 1984 Supreme Court 1326. ......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 121. ..Category: Civil Law | Date: | Hits: 84
Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)
.... ½ acres. After her death the defendant Nos.1-4 being her hairs got their respective share in the said land, while possessing the defendant No.2 transferred .33 acres to one Kerasuddin by an agreement, but Kerasuddin refused to purchase the said land and ultimately the land measuring .23&f...... Md. Abdul Matin J Md. Tazimuddin and others……………Petitioners Vs. Md. Mafizul Islam and others ......Respondents Judgment October 20, 2008. Lawyers Involved: Md. Awlad Ali, Senior Advocate instructed by Syed M......ew of the judgment passed by this Court. We find no merit in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ..Category: Property Law | Date: | Hits: 28
Mohammadpur Girls School & anr Vs. Chairman, National Housing Authority, 2006, 35 CLC (AD)
....on record of the case, we are of the view that the learned Judges of the High Court Division having applied their judicial mind vacated the order of stay. In the aforesaid premises, we are fully in agreement with the findings and decisions of the High Court Division. So, we find no cogent g......andker Mahbubuddin Ahmed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1-5. Not represented-Respondent Nos. 6-9. Civil Petition for Leave to Appeal No. 547 of 2006. (From the judgment and order dated 21-03-2006 passed by the High ......in the impugned order of the High Court Division. This petition thus merits no consideration and it is dismissed accordingly. Ed. This Case is also Reported in: VI ADC (2009) 84. ..Category: Others | Date: | Hits: 84
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... the land in suit; that Mojibul Haque inducted tenants in the three huts and the plaintiffs are in possession of the land through the tenants, the defendants, that defendant No.1 upon executing an agreement of tenancy for 5 years entered into the hut in holding No.1075 at a monthly rent of ......994 decreeing the suit. 2. The facts of the case, in short, are that the plaintiff-respondent Nos.1-3 filed Title Suit No. 53 of 1994 stating, inter alia, that 718 acre of land belonged to Abdul Hakim Hawlader, that there are 4 huts in the said land, that he died leaving three sons, s...... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ..Category: Property Law | Date: | Hits: 23
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ...... D.O.H.S on 23.05.1993. Vacant possession was delivered and lease deed was executed on 10.06.1993. He applied for approval of the plan and after obtaining necessary approval of the plan from the Cantonment Board, mortgaged the said plot and obtained loan for construction of residential building ......l of waiver and acquiescence as well. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 29, 62 DLR (AD) (2010) 255. ..Category: Property Law | Date: | Hits: 74
M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)
....approached the Government and made a proposal for acquisition of land for them to the extent of 2.50 acres at the present site to enable them to set up export-oriented industry and entered into an agreement dated 14.2.1990 in this regard with the Government under section 15 of the Acquisition an......e. 2. The respondents as writ petitioners filed Writ Petition Nos. 5392 of 1996 and 576 of 1198 challenging the proceeding of Land Acquisition Case No.1 of 1990-91 in so far it relates to the acquisition of property of the writ petitioners of Mouza Ozar Bhanga, J.L.No.165, Police Sta......hem. In view of the forgoing discussions the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 99. ..Category: Property Law | Date: | Hits: 42
Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)
.... no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 970. ...... Advocate with A.K.M. Ali, Advocate instructed by Md. Nawab Ali, Advocate-on- Record-For the Respondent No.1. None represented -For the Respondent Nos. 9-10. Civil Petition for Leave to Appeal No. 447 of 2006. (From the judgment and order dated the 4th January, 2006 passed b......in point to be looked into in this matter is whether Dag Nos.1642 and 1643 as mentioned in the impugned kabalas were sold to the defendant or to see whether it was the intention of the plaintiff to sell the plots in Dag Nos.1646 and 1647, which are disputed questions of fact and the Courts below..Category: Property Law | Date: | Hits: 29
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
....stances of the case, we are of the view that the learned Single Judge of the High Court Division rightly decided the case and we find no cogent ground to take a different view. We are fully in agreement with the findings and decisions of the learned Single Judge of the High Court Divisi......ent Syed J.R. Mudassir Husain J.- This appeal arises out of leave granted by this Division in civil petition for leave to Appeal No. 1302 of 1999 against the judgment and order dated 22-7-1999 passed by a Single Bench...... High Court Division. For the above reasons, we find no merit in the appeal. Accordingly, this appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 954. ..Category: Property Law | Date: | Hits: 32
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....as per statements made in paragraphs 15(a)-15(c) of the petition stating, inter alia, that— "15. (c) that before purchase of the suit property by the plaintiff there was a deed of agreement on 4-8-1969 between Mr. SN Taqui and the plaintiff whereby the suit property was agreed t......Shaheen Quoraishi and others......Respondents Judgment January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional eviden......contention of the appellant that the disputed property at Gulshan was purchased by his own money in the benami of the defendant respondent No.1 but because of the attempt of the respondent No.1 to sell the suit property and because of their strained relationship as husband and wife the suit..Category: Procedural Law | Date: | Hits: 173
Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)
....ds recorded in the name of Abala Sundari. The suit land was hillock and full of jungle. Abala Sundari converted the same by expending huge amount of money. Abala Sundari while in possession made an agreement for sale with the predecessor of the plaintiffs with a consideration money of Taka 2500 a...... December 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by the High C......orrect decision. We therefore find no reason to interfere with the same. The petition is accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 27. ..Category: Property Law | Date: | Hits: 20
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ......y J State..................................Appellant Vs. Nurul Amin........................... Respondent Judgment February 8, 2006. Lawyers Involved: Faisal H Khan, Deputy Attorney-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. Nurul Islam B......trust and misappropriated the stamps worth Taka 1,44,475 without sending the same to Narail Head Post Office and mail operator co-accused Atair Rahman then serving in Jessore RMS Office was trying to sell the stamps to various persons and on the aforesaid allegation Kartik Chandra Das, District Anti..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....ding that the Government did not submit any office file to justify the inclusion of the case property in the list of abandoned buildings and, on the other hand, the petitioner filed original lease agreement, death certificate of Abdus Salam issued by the Secretary, Graveyard Committee, sect......dvocate-on-Record—For the Petitioner. Md. Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High ......-1973, no deed of agreement has been filed in support of the above claim and further, there is nothing on record to show that permission was obtained by Jebunnessa from the District Judge, Dhaka to sell the case property and furthermore no permission of the Government was also taken and according..Category: Property Law | Date: | Hits: 29
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......rted in: V ADC (2008) 875. ...... which was subjected to winding up process under the control and management of the Official Liquidator and ultimately the property vested in the Government and the liquidator has been taking steps to sell the suit property to B.T.M.C and in such circumstances a dispute arose with regard to the own..Category: Tenancy Law | Date: | Hits: 148
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
.... we are of the view that the learned Judges having applied their judicial mined discussed and considered the reported decisions cited before them in their proper perspective and we are fully in agreement with the findings and decisions arrived at by the High Court Division. In the backgroun......ocate-on-Record-For the Petitioner. Zillul Huq, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1506 of 2005. (From the judgment and order dated 28-11-2004 passed by the High Cour......round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ..Category: Employment/Service Law | Date: | Hits: 87
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....fusing to renew the lease of the pathor mahals granted in their favour for further period as per provisions of the Mines and Minerals Rules 1968 as amended upto 1995 and also in terms of the lease agreements executed in their favour on the averments that they, with a view to take lease of the r......008. Lawyers Involved: Dr. Abul Kashem Md. Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. (In all cases) Hasan Faiz Siddique, Additional Attorney General, Zahirul Islam, Advocate-on-Record-For the Respondents (In all cases) Civil ......llegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 864. ..Category: Others | Date: | Hits: 101
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
....irmity 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: V ADC (2008) 858. ...... Involved: Shaheed Alam, Advocate, instructed by Choudhury Mohammad Jahangir Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 1714 of 2005 (From the judgment and order dated the 22.6.2005 passed by the Hi......edule IV of the Electricity Act, 1910 the Board, as a distributing licensee, has to buy electricity from P.D.B which is a generating body and P.D.B, as a bulk licensee, is permitted by law to sell electricity to the Board and other distributing agencies and that the area concerned is neithe..Category: Civil Law | Date: | Hits: 119
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
.... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ......gment August 22, 2006. Lawyers Involved: Nurul Islam Bhuiyan Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 717 of 2005. (From the judgment and order dated February 16, 2005 passed......eed by which land which is part of pre-emptor's homestead has been transferred, that on September 1, 1989 pre-emptee-opposite party No. 1 (in the Miscellaneous case) called a 'salish’ to sell the land sought to be pre-empted and also the structures thereon as well as the pond and in t..Category: Property Law | Date: | Hits: 19
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....eir counter parts working in the Secretariat/Ministries within 3 (three) months from the date of receipt of this judgment." In the above backdrop of our discussion, we are fully in agreement with the above findings and decisions of the High Court Division and we find no merit in ......and Others……….....Appellants Vs. Md. Shamsul Huq……………..Respondent. Judgment: August 10, 2006. Cases Referred to- Mujibur Rahman (Md) vs. Government of Bangladesh and others 44 DLR (AD) 111; Bangladesh,......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..Category: Employment/Service Law | Date: | Hits: 104
M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)
....nt of advance out of total consideration money by S.D.R. No.436756 dated 26.07.1999 but the bank, the respondent No.2 did not execute the deed of sale in favour of the petitioner and cancelled the agreement for sale and as such the petitioner filed a petition before the Executing Court. But it h......wyers Involved: Giashuddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioner. Not Represented – The Respondent. Civil Petition for leave to Appeal No. 886 of 2003. (From the judgment and order dated 12.03.2003 passed by the High......e. for decretal amount of Tk. 21.34,822.87 with interest at the rate of 15% per annum with costs. In the Decree Execution case No. 1 of 1998 sale proclamation was issued by the court repeatedly for selling the mortgaged property and the bids offered were not satisfactory. The decree holder bank ..Category: Banking Law | Date: | Hits: 90
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....bered as shop No.4. The defendant further alleged that the landlord Md. Yakub Ali took TK. 60,000.00 from the defendant by selling possession of suit premises No. 9 on 25.06.1987 on the basis of an agreement and that after the death of Md. Yakub Ali, his son Mahbubur Rashid refused to received ren......: A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by ......t for repairing shop No.13 and after necessary repair shop No. 13 was renumbered as shop No.4. The defendant further alleged that the landlord Md. Yakub Ali took TK. 60,000.00 from the defendant by selling possession of suit premises No. 9 on 25.06.1987 on the basis of an agreement and that afte..Category: Tenancy Law | Date: | Hits: 151
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