Search Options
Judgment Advanced Search
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ......s………………………Appellants Vs. Shafiuddin Ahmed and others……….........Respondents Judgment October 18, 2005. Case Referred to- 31 DLR (AD) 195. Lawyers Involved: M......rce in the suit Mouza on 1.8.63". 12. As against the judgment of the High Court Division the defendants (defendant Nos.6-8) moved this Division for leave to appeal. 13. Leave was granted to consider the contentions whether the High Court Division was wrong in setting aside the ..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
.... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ......passed without lawful authority on the finding that the cognizance was taken by the Special Martial Court No.4 at a time when the case was actually before him by an order of the authority having no power to transfer the case from the Court of General Criminal Jurisdiction and hence the Special M.........Appellant Vs. Sessions Judge, Noakhali having office at Maijdi Court, Noakhali and others ............Respondents Judgment November 22, 2005. Cases Referred to- State Vs. Golam Mostafa and others, 49 DLR (AD) 32; Yousuf Ali Mollah Vs. King, AIR 1949...... in Miscellaneous Case No. 353 of 1996 for fresh trial of G.R. Case No. 1 of 1983 is hereby quashed to secure ends of justice. Ed. This Case is also Reported in: (XVI) BLT (AD) 34. ..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ......sition of law that after repeal of the Enemy Property (Continuance and Emergency Provisions) Ordinance, 1969 by the Enemy Property (Continuance of Emergency Provision) (Repeal) Act, 1974 there was no power or authority of the respondent No. 2 to declare any property vested newly if not vested earlie...... The Government of the People's Republic of Bangladesh and another.......... Respondents (In both the Appeals) Judgment August 14, 2004. Result: The appeals are allowed. Cases Referred to: Nittya Gopal Roy Barman vs. Pran Gopal Nandi and others 32 DLR 11; Lazmi Kanta Roy vs. Upazil......man Khan and 31 others having been found to be deserving candidates and the earlier lessees having failed to pay lease money with effect from 1387 B.S. the District Administration sent proposal for granting lease of the case land to Habibur Rahman Khan and 31 others and the Dhaka Metropolitan Vest..Category: Property Law | Date: | Hits: 40
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ...... Judgment August 29, 2006. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 917 of 2005. From the Judgment and Order dated May 9, 2005 passed by the High ...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ......urged by the learned Counsels. 8. Section 107 of the Code of Civil Procedure provides that subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power to determine a case finally and to take additional evidence or to require such evidence to be......ected against the common judgment and order dated 22.04.2002 passed by a Single Bench of the High Court Division in Civil Revision No.1548 of 1994 reserving the judgment and giving some directions to the appellate court as detailed in the impugned judgment. 2. Short facts are that the pl......s regards the thumb impressions appearing in the above mentioned documents and to call the relevant officials of the office of the Sub-registrar, Sadar, Dhaka, as court witness. 5. Leave was granted to consider the submission that while keeping the judgment reserved the impugned direc..Category: Property Law | Date: | Hits: 106
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......r the respondent No.1, did not file any concise statement. However, in support of the impugned judgment of the High Court Division, he contended that the High Court Division in the exercise of its power under Section 115 of the Code of Civil Procedure, considered the materials on record, decreed......sp; Syed J. R. Mudassir Husain CJ.- This appeal by the defendant Nos.1 and 2 arises out of the leave granted on 21-08-1997 in civil petition for leave to Appeal No.567 of 1994 against the judgment and order dated 28th June, 1994 passed a Single Bench...... Judgment Syed J. R. Mudassir Husain CJ.- This appeal by the defendant Nos.1 and 2 arises out of the leave granted on 21-08-1997 in civil petition for leave to Appeal No.567 of 1994 against the judgment and..Category: Property Law | Date: | Hits: 21
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 116 of 2006 (From the judgment and order dated 17.8.2005 passed by the High Court ......of the above schedule property and purchased the same measuring 2.97 acres of land along with structure (building) standing thereon. The auction sale was confirmed on 29.12.1992, Sale Certificate was granted to the petitioner on 23.1.1993 and delivery of possession of the property was given to the..Category: Property Law | Date: | Hits: 31
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......llip;………….........Appellant Vs. Md. Abul Kashem & another ......................Respondents Judgment June 19, 2005. Case Referred to- Danish Ali and others Vs. Sakina Bai and others, 4 BLD (AD) 68. Lawyers Involved:......revisional application before the High Court Division and the High Court Division by the impugned order allowed the revisional application summarily without issuing a Rule. 3. Leave was granted to consider the submission that the High Court Division should have passed the impugne..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
....ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ......ent of the Administrative Tribunal clearly show that the appeal was filed beyond the period as provides in section 6(2A) of the Administrative Tribunal Act, 1980. 14. The law as in the Act empowers the Administrative Appellate Tribunal to condone the delay in filing the appeal after ......ers Vs. Md. Shahin Reza ............................................Respondent Judgment November 18, 2007. Lawyers Involved: Abu Bakkar Siddique, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record-For the Petitioners. Sufia Kha......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ..Category: Administrative Law | Date: | Hits: 102
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......ng that all the allegations of the appellant in the writ petition are matters of record and need no comment, stated that as per provision of the Insurance Act, 1938 the Controller of Insurance is empowered to grant certificate of registration to any person for parrying on business only after pri......: V ADC (2008) 588. ....../or to be unconstitutional as being violative of the appellant's fundamental rights guaranteed under Articles 21, 31 and 40 of the Constitution and as to why the respondents should not be directed to grant the appellant permission to register Agrani Insurance Company Limited (Proposed) as an Insuran..Category: Business or Commercial Law | Date: | Hits: 81
Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)
....vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ......ndra Nath Nandi, Advocate, instructed by Bivash Chandra Biswas, Advocate-on-record-For Respondent No. 1(a). Not represented -Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 574 of 2005. (From the Judgment and Order dated November 29, 2004 passed by th......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ..Category: Property Law | Date: | Hits: 25
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......005) Vs. Md. Shafiqul Huq, being dead his heirs: Captain Salauddin & others......... Respondents (In both the cases) Judgment August 31, 2006. Case Referred to- Munsur Ali Mallik Vs. Md. Nurul Haque Mallik and others, BCR 1986 (AD) 56. Lawyer......for India and the suit land was declared and treated as enemy property (now vested property). The suit land was leased out to one Abdul Baten in E.P. Case No.210 of 1967 and subsequently lease was granted to Rahmat-E-Alam Islam Mission who also paid lease money up 1385 B.S. The further allegatio..Category: Property Law | Date: | Hits: 48
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
....sted in the result of the suit. If it is felt necessary for determination of the real matter in the dispute the court may decide any person to be added as party in a suit and this is in fact a discretionary power of the court. The discretion is, however, to be exercised judicially.......sult of the suit. If it is felt necessary for determination of the real matter in the dispute the court may decide any person to be added as party in a suit and this is in fact a discretionary power of the court. The discretion is, however, to be exercised judicially. After perusi......nbsp; July 26, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 297 of 2005 (From the judgment and order dated 17.01.2005 passed by the High C...... In this view of the matter we do not find any substance in this petition The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 522. ..Category: Property Law | Date: | Hits: 24
Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)
....n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......Tipu and others.........Petitioners Vs. Forkanul Islam and others.....................Respondents Judgment October 2, 2007. Lawyers Involved: Abdul Quayum, Senior Advocate, in......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ..Category: Property Law | Date: | Hits: 26
Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ...... The High Court Division on consideration of the Provision of the VAT Act observed "From a reading of sub section (2) of Section 42 of the Act, as it stood originally it appears that the power was given to the respective appellate authority to accept and hear an appeal either on deposi...... Mohammad Fazlul Karim J M.M. Ruhul Amin J Bombay Sweets & Company Limited.......................................Petitioner Vs. President, Appeal Tribunal, Customs, Excise and VAT and another....Respondents Judgment ......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 478. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
.... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ......ir, Advocate-on-Record-For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 3 Not represented-For Respondent Nos. 1-2 and 4. Civil Petition for Leave to Appeal No. 1542 of 2007. (From the judgment and order dated.5.9.2007 passed by the High C......e decree being in preliminary form, the suit remained pending and thus the Artha Rin Adalat had the jurisdiction to consider the application for stay under section 44 of the Act and to grant installment payment under section 49 of the Act, but the Artha Rin Adalat failed to exercise ..Category: Civil Law | Date: | Hits: 94
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......he police personnel started living therein and occupied the house without any agreement with the writ-petitioner. Thereafter, the President and Secretary of the Dhaka Memon Anjuman executed a general power of attorney on 20.04.2004 appointing Khawaja Mohammad Akbar to do all acts on behalf of the wr......ding, Dhaka and others..................Petitioners. Vs. Dhaka Memon Anjuman.............Respondent. Judgment November 18, 2007. Result: The petition is dismissed. Case Referred to- 32 DLR (AD) 70 and 186. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For t......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7...Category: Property Law | Date: | Hits: 33
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ......d at a correct decision. The appeal is dismissed with cost of Tk. 10,000/- Ed. This Case is also Reported in: 13 MLR (AD) (2008) 345; 61 DLR (AD) (2009) 15; 29 BLD (AD) 2009, 1. ...... Golam Rabbani..........................Appellant Vs. Chairman, Court of Settlement and others.................Respondents Judgment July 8, 2008. Cases Referred to- Bangladesh Vs. Amela Khatoon and others, 53 DLR (AD) 55; Lalima Begum and another Vs. ...... the same from the Government. The writ respondent No. 1 dismissed the case, against which the writ petitioner unsuccessfully moved the High Court Division in Writ jurisdiction. 3. Leave was granted to consider the submission that Title Suit No. 984 of 1980 having been decreed on 7.4.1981 ..Category: Civil Law | Date: | Hits: 119
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity 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: 13 MLR (AD) (2008) 262. ......y report did not come forward in the suit to support, on oath, his report; the Memo dated 12.10.94 was issued without giving any hearing to the respondent No.1; the respondent No. 5 was also not empowered to cancel a permanent lease by such show of executive fiat; further exhibit Kha showed that......s Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 930 of 2004. (From the judgment and order dated 22.3.2004 passed by the ......fter hearing the High Court Division on allowing the appeal decreed the suit. 6. The learned counsel for the defendant No.7/petitioner submitted that the High Court Division erred in law in granting declaratory decree simplicitor when the respondent No.1, in the facts and circumstances wa..Category: Property Law | Date: | Hits: 27
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....d the Druto Bichar Tribunal are directed to dispose of the aforesaid respective cases speedily and in accordance with law. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 185. ....... 145 of 2004 is allowed. The Constitution of the People’s Republic of Bangladesh 1972, Article 35(3) The Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Dru......ed. The Constitution of the People’s Republic of Bangladesh 1972, Article 35(3) The Druta Bichar Tribunal Ain, 2002 The Druta Bichar Tribunal Ain, 2002 empowers the Government to transfer any case mentioned in section 6 pending in a Criminal Court to Druta Bichar Tribunal for...... deleting the aforesaid Companigonj Police Station Case No. 11 dated 12-8-2001 appearing at serial No.79 of the list Annexure-B within 3(three) weeks from the date of receipt of the order. This Court granted leave in the aforesaid leave petition by the order dated 18th April, 2004 and thereupon Appe..Category: Criminal Law | Date: | Hits: 59