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Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....e cannot be a ground whatsoever for appointment of a receiver. Receiver should be appointed in a suit for partition with the consent of the parties, especially where the family property consists of land. Delay in disposal of the suit cannot at all be a ground for appointment of a receiver in resp......0) Md. Habibur Rahman & others ..........Petitioners (In Civil Petition No. 397 of 2010) Vs. Ayub Ali and others.........................................Respondents (In both the Cases) Judgment April 16, 2012. Result: The petitions are disposed of. ......of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence of a dispute cannot be a ground whatsoever for appointment of a receiver. Receiver should be appointed in a suit for partition with ......ment April 16, 2012. Result: The petitions are disposed of. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XL, Rule 1 Appointment of receiver in a suit for partition It is not proper to appoint a receiver in a suit for partition. Mere existence of..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....642 of 2009) filed pre-emption Miscellaneous Case No.17 of 1999 in the court of Senior Assistant Judge, Begumgonj, Noakhali stating, inter alia, that the vendor respondent No.6 transferred the case land measuring an area of 36 decimals to the pre-emptee-respondent Nos.2 to 5 by registered kabala d......ultana 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.........................................Petitioner (In Civil Petition No.684 of 2009) Vs....... late Ali Akbar (the petitioners of leave petition No.642 of 2009) filed pre-emption Miscellaneous Case No.17 of 1999 in the court of Senior Assistant Judge, Begumgonj, Noakhali stating, inter alia, that the vendor respondent No.6 transferred the case land measuring an area of 36 decimals to the p......tition No.684 of 2009) Order April 15, 2012. Result: The leave is granted. Lawyers Involved: Khair Azaz Masud, Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioners (In Civil Petition No. 642 of 2009). Abdul Quiyum, Senior Advocate in..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
.....6 of 1993 on 24-6-1993 before the Senior Assistant Judge, Mymensingh contending inter alia that the suit premises belonged to his father, who by an will dated 17-7-1973 divided the suit premises and land in favour of his sons, daughters and widows. His father died on 25-12-1973. Thereafter, his wif......r Vs. Rahima Khatun and others…………………Opposite-Parties Judgment April 12, 2012. Result: The Rule is made absolute. Cases Referred to- Solaiman (Md.) Vs. Sufia Akhtar Alam being dead her heirs Nirjesa Rahamat-ull....... ......anik Sardar, 6 MLR (AD) 44; Khatoon Vs. Ajijur Nessa 6 BLC (AD) 115; Shambhnath Vs. Alfajuddin 41 DLR (AD) 27. Lawyers Involved: Abdul Wadud Bhuiyan with Syed Mokaddas Ali, Advocates—For the Petitioner. No one appears—For the Opposite-Parties. Civil Revision No.1304 o..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......o Reported in: 18 BLC (AD) (2013) 96. ......cation under Order 1 Rule 10(2) of the Code of Civil Procedure making the application as added party. 2. The facts, in short, for disposal of the Civil Petition for Leave to Appeal, in short, are that the respondent herein being petitioner preferred application under Order 1 Rule 10(2) of the Cod...... others............Respondents Judgment April 9, 2012. Result: The Petition is dismissed. Lawyers Involved: Abdus Salam Mondol Advocate instructed by AKM Shahidul Huq Advocate-on-Record-For the Petitioner. ASM Khalequzzaman Advocate instructed by Ms Shahanara Begum Advocate-on-R..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
....9 (i.e. Mr. Mohammad Shahiullah, Alhaj Md. Nurul Amin and Mr. Abdullah Al-Zahir Sawpan) (total 19 in number) and/or from their nominees.
(f) That these presents is subject to existing Law of the land and Rules & Regulation framed by Bangladesh Bank or any other regulatory body and any amend......Export Import Bank of Bangladesh Limited and Others……….Respondent
Judgment
April 9, 2012.
Result:
The leave petition is disposed of with instructions.
Cases Referred to-
Reazaul Karim (Md.) and others Vs. ABM Khalequzzaman and others, 62 DLR (AD) ......e said sections of the Companies Act, 1994 (the Act, 1994) before the Company Bench of the High Court Division with the substantive prayers for issuing a notice calling upon respondent Nos. 1, 7-13, that is, EXIM Bank Limited and its Managing Director, Secretary and Directors to show cause as to why......ha J
Md. Abdul Wahhab Miah J
Muhammad Imman Ali J
Md. Mazakat Ali Harun and Others……………………….Petitioners
Vs.
Export Import Bank of Bangladesh Limited and Others……….Respondent
Judgment
..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
ABC Attire Ltd. Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....as mentioned in the schedule of the application i.e. District-Dhaka. Police Station-'Mohammadpur, Mouza-Brab, JL No.238, Khatian No.CS232, SA-173. Dag No. CS and SA 701, Mutation Khatian No.170/9, of land 25 decimals, (hereinafter referred to as the mortgaged property/the property) has already been ......at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 399. ......ী/গার্মেন্টস/১০৭৮ dated 22-9-2010 (Annexure-F to the Writ Petition). 2. In the supplementary Rule Nisi dated 15-12-201 0, the petitioner sought for a declaration that the execution and registration of" Saf-Kabala deed No.9193/2010 dated 2810-2010 (Annexure-K-1 to......ive Society Ltd. Vs. Bangladesh, 1981 BLD (AD) 103; Chandpur Fisherman Co-operative Society Vs. Abdul Awal Bhuiyan, 1 BCR 8; Elite Lamps Ltd. Vs. Secretary, Ministry of Industries, 61 DLR 641; Professor Abdur Rahim Khan Vs. Bangladesh, through the Secretary, Ministry of Industries, 7 BLT (AD) 313; M..Category: Civil Law | Date: 4 Apr, 2012 | Hits: 45
M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
....tle Suit No. 64 of 2009 before the learned Joint District Judge, 2nd Court, Narayangonj impleading the respondents as defendants seeking a decree for declaration of Title for an area of 1.75 acres of land situated at 5 (five) separate plots. The plaintiffs claim an area of 53 decimals of land in C. ...... Court Division (Civil) Present: Nozrul Islam Chowdhury J KM Kamrul Kader J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and ot......cree dated 20.03.2011 passed by the learned Joint District Judge, 2nd Court, Narayangonj, in Title Suit No.64 of 2009, dismissing the suit. 2. Facts in a nutshell given rise to this appeal, are that, the appellants as plaintiffs instituted the Title Suit No. 64 of 2009 before the learned Joint ...... in: ..Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113
Mokbul Hossain Mridha and others Vs. Md. Shamsul Haq Sarder and others, 2012, 41 CLC (AD)
....No.44 of 1993 in the Court of the Assistant Judge, Durgapur, Rajshahi against the defendants-appellants and other defendants-respondents praying for a declaration of title in respect of the suit land described in schedule 'B' to the plaint. The case of the plaintiff, in short, is that s.........Respondents Judgment March 20, 2012. Result: The Appeal is allowed. Lawyers Involved: Horendra Nath Nondi, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Appellants. Rafiqul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate......Rajshahi affirming the judgment and decree dated 24-6-1996 passed by the learned Assistant Judge, Durgapur, Rajshahi in other Class Suit No. 44 of 1993 decreeing the suit. 2. It may be recalled that by the judgment and order dated 19-8-2009 the High Court Division made the Rule absolute reversi........Appellants Vs. Md. Shamsul Haq Sarder and others.......................Respondents Judgment March 20, 2012. Result: The Appeal is allowed. Lawyers Involved: Horendra Nath Nondi, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Appellants. ..Category: Procedural Law | Date: 20 Mar, 2012 | Hits: 88
Chittagong Zilla Parishad Vs. Nurul Haque and others, 2012, 41 CLC (AD)
.... Judge, Chittagong and was renumbered as Other Suit No.156 of 1990. That suit was for declaration of title and for permanent injunction. 3. The case of the plaintiff, in short, was that the suit land originally belonged to Nabid Ali whose name was recorded in R.S. khatian. That one Abdul Latif ......nior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.2537 of 2009. (From the judgment and order dated 26.10.2009 passed by the High Court Division in Civil Revision No.1425 of 1996.) Order Nazmun Ara Sult.......1of 1988 in the 1st Court of Assistant judge, Sadar, Chittagong which was subsequently transferred to the 3rd Court of Assistant Judge, Chittagong and was renumbered as Other Suit No.156 of 1990. That suit was for declaration of title and for permanent injunction. 3. The case of the plaintif...... Vs. Nurul Haque and others................................Respondents Order March 19, 2012. Result: The leave is granted. Lawyers Involved: Mahbubey Alam, Senior Advocate (Obaidur Rahman Mustafa, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on..Category: Property Law | Date: 19 Mar, 2012 | Hits: 76
Md. Nurul Islam Khan and others Vs. Azizul Islam and others, 2012, 41 CLC (AD)
....n of title and recovery of khas possession of the suit property. The plaint case of the plaintiffs is the defence case in the other suit and vice versa. Rokeya Begum is the admitted owner of the suit land, who instituted earlier suit seeking the above declaration. She executed a power of attorne......r Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J Md. Nurul Islam Khan and others...................Petitioner (In both the cases) Vs. Azizul Islam and others................................Respondents (In both the ......rength of the said power of attorney which is forged, collusive and not binding upon her. Defendant No.1 contested the suit denying the material averments made in the plaint. In his suit he admitted that Rokeya Begum was the owner of the suit land and she inducted him as tenant in the suit property.......l Islam and others................................Respondents (In both the cases) Order March 19, 2012. Result: The Rule is issued. Lawyers Involved: Mahbubey Alam, Senior Advocate (with Sirajul Huq, Senior Advocate and Abdul Matin Khashru, Senior Advocate), instructed..Category: Procedural Law | Date: 19 Mar, 2012 | Hits: 119
Luthfor Rahman (Md.) Vs. Bangladesh & others, 2012, 41 CLC (HCD)
....তি অবাধ্যকর হওয়া মর্মে ঘোষনা প্রচারের ডিক্রি দিতে”। 3. Plaintiff's case, in short, is that, suit land was originally belonged to Raj Kumar Chandra who transferred 59½ decimals of land from d......….....................Defendant-Respondents Judgment March 18, 2012. Result: The appeal is allowed. Cases Referred to- Abul Hossain Vs. Amjad Hossain, 62 PLR (AD) 436; Shishir Kanti Pal Vs. Nur Mu...... প্রতি অবাধ্যকর হওয়া মর্মে ঘোষনা প্রচারের ডিক্রি দিতে”। 3. Plaintiff's case, in short, is that, suit land was originally belonged to Raj Kumar Chandra who transferred 59½ decimals of l...... in: 18 BLC (HCD) (2013) 124. ..Category: Others | Date: 18 Mar, 2012 | Hits: 5
Rabeya Khanam Vs. State, 2012, 41 CLC (HCD)
....n the Criminal Procedure Code does so limit or affects its inherent power…………………………………..(14) The Courts exist not only for securing obedience to the law of the law of the land but also for securing the ends of justice in its widest sense. Inherent power of the High Court......at the sections do is to provide that in regard to all Civil Courts, nothing in the Civil procedure Code limits Or otherwise affects the inherent power and in regard to the High Court Division acting as the Court of Criminal Justice that nothing in the Criminal Procedure Code does so limit or affect......t power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends of justice". Neither section does invest th......ult: The Rule is made absolute. Inherent power of the High Court Division Both section 151 of the Code of Civil Procedure and section 561A of the Code of Criminal Procedure possess the same formula describing the inherent power except that section 561A adds "or otherwise to secure the ends ..Category: Procedural Law | Date: 15 Mar, 2012 | Hits: 215
Dhaka New Market Vs. City Corporation, 2012, 41 CLC (HCD)
....om doing so in future. 20. With the above observations and findings this Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 221 ......et......................Petitioners Vs. City Corporation…………...........Respondents Judgment March 14, 2012 Result: Rule is disposed of. Cases Referred to- Kamaluddin Vs.Secretary, Ministry of Land, Bangladesh 56 DLR (AD) 212; Omar S......orical and approved master plan of Dhaka New Market Complex Structure, should not be declared as illegal, without lawful authority and hence, is of no legal effect. 2. Facts, in brief, are that the petitioner is the Dhaka New Market Byaboshayee Shomittee (Dhaka New Market Shop Owners......eme Court High Court Division (Special Original Jurisdiction) Present: Farah Mahbub J Abdur Rob J Dhaka New Market......................Petitioners Vs. City Corporation…………...........Respondents Judgment March 14, 2012 ..Category: Administrative Law, Constitutional Law | Date: 14 Mar, 2012 | Hits: 2
Noor Jahan Begum Vs. Chairman, BSCIC and others, 2012, 41 CLC (HCD)
....ment of the plaintiff and was cancelled. By letter dated 22-9-1996, 20-7-2000 and 19-9-200 plaintiff was directed to hand over possession of the aforesaid plot. From 1376 BS plaintiff did not pay any land development taxes and from 1972 plaintiff did not pay any bill. In 60th Board meeting dated 13-......ral Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law before comin...... The General Clauses Act, 1897; Section 27 If there be notice issued in registered post with acknowledgement due to the proper address of the addressee then it is deemed to be presumed that notice has been served….....(16) Necessity to complete or exhaust provisions of law ......so Reported in: 18 BLC (HCD) (2013) 12. ..Category: Civil Law | Date: 12 Mar, 2012 | Hits: 10
....opposite party No.1, as plaintiff, filed Title Suit No.218 of 1991 before the Joint District judge, 2nd Court, Dhaka for permanent, injunction stating, inter-alia, that the suit Sand along with other lands belonged to Kadam Mia, Kuran Mia, Nur Khatun, Abdul Malek, Asia Khatun and Amode Ali and from ......
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Md. Shamsul Huda J
Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Savar, District-Dhaka and others....................................Petitioners
......osed of.
Lawyers Involved:
Mahbubey Alam, Attorney General instructed by B, Hossain, Advocate-on-Record—For the Petitioners.
Mahmudul Islam, Senior Advocate instructed by Mrs, Sufia Khatun, Advocate-on-Record—For the Respondents.
Civil Petition for Leave to Appeal No.46 of 20......ivil)
Present:
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
Assistant Horticulturist Agriculture Extension Division Crop Section, Bobhanbagh Uddyan Base Police Station-Sav..
Category: Property Law | Date: 12 Mar, 2012 | Hits: 94
Mojibur Rahman (Md.) and others Vs. State, 2012, 41 CLC (HCD)
....al Judge, Dhaka and also to the Chairman of the Anti-Corruption Commission. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 36. ......ion Commission Rules, 2007, Rule 10 To secure justice, it is essential that a complete investigation is carried out by the Investigation Officer (IO) The investigation conducted by the IO was incomplete and contradictory. The two vital issues of the case were - a) the authenticity of the ......h 5, 2012. Result: The Rule is disposed of. Code of Criminal Procedure, 1898; Section 561A Anti-Corruption Commission Rules, 2007, Rule 10 To secure justice, it is essential that a complete investigation is carried out by the Investigation Officer (IO) The investigatio......ip;……………..Opposite party Judgment March 5, 2012. Result: The Rule is disposed of. Code of Criminal Procedure, 1898; Section 561A Anti-Corruption Commission Rules, 2007, Rule 10 To secure justice, it is essential that a complete in..Category: Anti-Corruption Laws | Date: 5 Mar, 2012 | Hits: 9
Mahbubur Rahman & others Vs. State, 2012, 41 CLC (HCD)
....of this Judgment and Order to the learned Divisional Special Judge, Dhaka and also to the Chairman of the Anti Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 265. ......others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Result: The Rule is disposed of. Words and phrases Surplus public servant and চাকুরীচ্যুত কর্মচারী T...... and a Rule was issued by this Court on 14-11-1994 about quashment of the proceeding of Special Case No.9 of 1993, then pending in the Court of Divisional Special Judge, Dhaka. Further proceeding of that case was also stayed. 2. Facts relevant for disposal of the Rule are briefly stated below:- ......ahman & others…………………………Petitioners Vs. State………………………………Opposite Party Judgment March 4, 2012. Result: The Rule is disposed of. Words and phrases Surplus public servant and চাকুরীচ্যুত কর্মচা..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 37
Akkas Ali Sarder Vs. State, 2012, 41 CLC (HCD)
....e that nothing in the Criminal Procedure Code does so limit or affects its inherent power………………………………(14) The Courts exist not only for securing obedience to the law of the land but also for securing the ends of justice in its widest sense. Inherent power of the High Court......is Case is also Reported in: 64 DLR (HCD) (2012) 483. ......ifically mentioned in the section which are, firstly, to give effect of any order under the code, secondly, to prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing or an institution in which it inheres. This ......898 (Act No. V of 1898); section 561A Inherent power of the High Court Division The inherent power of the High Court Division as mentioned under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give ..Category: Criminal Law | Date: 4 Mar, 2012 | Hits: 117
Md. Nurul Alam alias Nurul Alam Chowdhury Vs. State, 2012, 41 CLC (AD)
....am Chowdhury alias Shafi alias Mohammad Shafiul Azam, Nurul Alam, Nurul Absar, Saiful Islam, Uzzal Barua, Nurul Islam and Golam Mawla being armed with deadly weapons, illegally trespassed into vacant land lying beside the home of the informant, S.M. Iqbal Hossain, and tried to construct a boundary......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. Nurul Alam alias Nurul Alam Chowdhury.........Petitioner Vs. The State........................................nt for 1 (one) month more. The Criminal Appeal preferred by him was dismissed with modification of sentence. 2. The facts of the case relevant for disposal of the instant leave petition are that on 15.02.2000 at about 8.00 a.m. the accused, Md. Shafiul Azam Chowdhury alias Shafi alias Moham...... Judgment March 1, 2012. Result: The petition is dismissed. Lawyers Involved: Md. Nasiruddin Chowdhury, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented-For Respondent. Criminal Petition for Leave to A..Category: Criminal Law | Date: 1 Mar, 2012 | Hits: 78
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....3 on reversing those dated 31-7-1995 passed by the learned Assistant Judge, 4th Court, Sadar, Naogaon. 2. The case of plaintiff is that Prasanna Kumar Pramanik was the original owner of the suit land and on his death his sons, Profullah and Suresh became the owner of entire suit properly. Profu......s transfer by registered document and unless agreement/bainama converted to a registered sale deed it merely an agreement binding the parties to the agreement, not a transfer of title to be used both as a weapon of offence or a shield of defence to all. Agreement or bainama unless converted to a reg......p; 21 BLT (HCD) (2013) 39 ......d document and unless agreement/bainama converted to a registered sale deed it merely an agreement binding the parties to the agreement, not a transfer of title to be used both as a weapon of offence or a shield of defence to all. Agreement or bainama unless converted to a registered sale deed it do..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
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