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M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....Leave was granted to consider the contentions whether the High Court Division was wrong in setting aside the finding of the trial Court without adverting to the reasoning assigned by it and upon a completely erroneous view that the trial Court was not aware of the legal positio...... ......considering the materials on record as well as without entering into the merit of the appeal and deciding the appeal on merit allowed the appeal and sent back the suit to the trial Court "for proper adjudication afresh" upon observing "So all the issues are to be considered after ......ring the materials on record as well as without entering into the merit of the appeal and deciding the appeal on merit allowed the appeal and sent back the suit to the trial Court "for proper adjudication afresh" upon observing "So all the issues are to be considered after the par..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....late Division observed as under: "The learned Deputy Attorney General submitted that an order of re-trial, even at this stage by this Division, would serve the ends of complete justice in the facts of this case of a deliberate and calculated murder. Perhaps we would ......l Kabir Chowdhury J Mohammad Ullah……………........................Appellant Vs. Sessions Judge, Noakhali having office at Maijdi Court, Noakhali and others ............Respondents Judgment November 22, 2005. Cases Referr......peculiar circumstances may act under Article 104 of the Constitution of the People's Republic of Bangladesh to meet the ends of justice. It is also submitted that fresh trial of the petitioner is improper when he had suffered imprisonment from incompetent prosecution for no fault of his own but f...... 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
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......late Division (Criminal) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Muhammad Ismail………...............................Appellant Vs. Md. Rafiqul Islam and others….....................Respondents Judgment March 7, 2007. Result: The appea...... of Criminal Procedure apparently suspending the proceedings of the said Sessions case is tenable in law. 9. Some important facts are now recapitulated by way of reiteration in the interest of the proper appreciation of the point involved. Following the alleged murder of the daughter of the appel...... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ..Category: Criminal Law | Date: | Hits: 105
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. ......ppellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mrs. Saju Hosein..............Appellant (In Civil Appeal No. 129 of 2001) Mrs. Rani Begum and others.........Appellants (In Civil Appeal No. 130 of 2001) Vs. The Government of the Peop......shid and Mosammat Barkatannesa and received possession thereof and as required for mutation she sought clarification from the respondents No. 2 as to whether the above property was listed as vested property whereupon by certificate under Memo. No. 4818 V. P. dated 28.11.1978 addressed to the Circl......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. ..Category: Property Law | Date: | Hits: 40
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. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hasan J Syed J. R. Mudassir Husain J Shamsur Nessa and another................Appellants Vs. Md. Shajahan Ali and others.............Res......g the suit on contest. 2. Plaintiff-respondent Nos. 1 and 2 instituted Other Class Suit No.360 of 1973 in the Court of Munsif, Sadar, Rajshahi for declaration of their title to the suit property stating, inter alia, that one Tarini surrendered his korfa pattan in respect of ......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. ..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ...... Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Internal Resources Division, Segunbagicha, Dhaka and another……………………….........Appella......d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......ority dated 9.6.1987 wherein it was certified that the said four containers sailed for Bangladesh in the vessel in empty condition; subsequently Collector of Customs. 3. Chittagong passed an adjudication order on 7.7.1987 finding that the respondents had smuggled contraband goods int..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
....zed Ali, the petitioners, who are claiming possession in the suit land along with defendants, are proper and necessary parties and their presence is necessary for adjudication of the suit completely and effectively; from the contents of Order No. 138 dated 25.4.1977 passed in the ......n: V ADC (2008) 605. ...... of 1987 rejecting application filed by the petitioners praying for adding them as parties. 2. The respondent Nos.1 and 2 instituted the above suit for declaration of their title in the suit property and also recovery of khas possession of the same on the averments that Sharat Chandr......e transferee from Mir Wazed Ali, the petitioners, who are claiming possession in the suit land along with defendants, are proper and necessary parties and their presence is necessary for adjudication of the suit completely and effectively; from the contents of Order No. 138 dated ..Category: Property Law | Date: | Hits: 24
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
....ossession of their respective portion separately from the time of their two successive predecessor and for all practical purposes there is nothing common between them and the land is completely divided and separated from the time of their predecessors. He submits that from the...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Malek and another…………............Petitioners Vs. Md. Sanowar Ho......n No. 113, Mouza-Shontosh, Police Station and District-Tangail belonged to Kangal Chandra Denagir. After the death of said Kangal Chandra Denagir, his only son, Roma Choron Dey became owner of the property by inheritance. On 28-05-1956 by deed No.4660 Roma Choron Dey transferred the same that is...... that the submissions of the learned Advocate for the petitioner have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 603. ..Category: Property Law | Date: | Hits: 26
Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)
....firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ......ported in: V ADC (2008) 585. ......nfirmity in the judgment and decree passed by the trial court and accordingly affirmed the same. The High Court Division on going through the judgment also found that both the courts below on proper assessment of the evidence on record have come to a concurrent finding and the learned couns......firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ..Category: Property Law | Date: | Hits: 23
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Zakir Khondakar and others.............Petitioners Vs. Bimal Kumar Kunda and others ......Respondents......18 of 1988 decreeing the suit. 2. Facts, in brief are that the respondent No. 1 filed the above Title Suit No. 18 of 1988 for specific performance of contract on the averments that the suit property belonged to the defendant petitioners and the respondent No.3 (the proforma defendant......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..Category: Property Law | Date: | Hits: 26
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. ......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. Lawyers Involved: Fazlul Haque, Advocate instructed by......orded in the S.A. Khatian and that during 1965 war between India and Pakistan the aforesaid S.A. recorded owners left the country 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......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. ..Category: Property Law | Date: | Hits: 48
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ...... Md. Joynul Abedin J Md. Hassan Ameen J Md. Hashmat Ullah Tapadar ...........................................Appellant Vs. Md. Basel Khan @ Haji Abdul Baset Khan and others........Respondents Judgment February 3, 2008. Lawyers Involved: ......ereon. Abdul Aziz Tapadar, father of the plaintiff was allowed to run a shop on the schedule-I land and subsequently he gave up the possession of the same in favour of the Mutwalli of the waqf property. Therefore, the plaintiff had no right, title, interest and possession in the suit land. ......mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ..Category: Property Law | Date: | Hits: 22
Murari Mohan Sarder and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... 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. ...... Supreme Court Appellate Division (Civil) Present Syed J.R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Murari Mohan Sarder and others...................Petitioners Vs. The Government of the People's Republic ......evealed in the leave petition, in short, are that the plaintiffs filed Title Suit No.421 of 1975 in the 2nd Court of the learned Assistant Judge, Satkhira for declaration of title to the suit properly and permanent injunction against the defendant respondent Nos. 1 to 3 stating, inter ...... 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
Padma Bibi Vs. Headmaster & Secretary, Moheshkhali High School & others, 2006, 35 CLC (AD)
....ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ......d: A.K.M shahidul Haq, Advocate-On-Record- For the petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1186 of 2004. (From the judgment and order dated 7th January, 2006 passed by the High Court Division in Civil Revision No. 2100 of ......se of the defendants that since the deed of gift of the year 1944 Moheshkhali High School is in possession of the suit land. 6. Accordingly we are of the view that the High Court Division on proper appreciation of the materials on record arrived at a correct decision and there is no c......ion and there is no cogent ground to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 511. ..Category: Property Law | Date: | Hits: 29
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.......late Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Government of Bangladesh, represented by the Secretary, Ministry of Land,Bangladesh Secretariat, Eden Building, Dhaka and others..................Petitioners. Vs. ......79, D.P. Khatian (Field Parcha) No. 3757 D.P. and D.P. Dag No. 12831, 12832, 12833, 12834, 12835, 12836 and 12837 under P.S. Kotwali, present P.S. Lalbagh in the City of Dhaka from the list of vested property which was included by the Additional Deputy Commissioner (Revenue), Dhaka and as such, list......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)
....upon receipt of Tk. 40,000/- as advance and it was stipulated that the kabala would be executed and registered within 6 months on receipt of balance consideration money, but the said vendor did not complete the same within 6 months. Later on his daughter informed that Md. Muslim died on 11.3.1972...... Present: M.M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Golam Rabbani..........................Appellant Vs. Chairman, Court of Settlement and others.................Respondents Judgment July 8, 2008. Cases Referred t......eal by leave is directed against the judgment and order dated 2nd July/2000 passed by the High Court Division in Writ Petition No. 2 of 1993 discharging the Rule. 2. Short facts are that the property in question was originally allotted to one Md. Muslim who constructed a two storied build......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. ..Category: Civil Law | Date: | Hits: 119
Dalimon Nessa Bewa and others Vs. State, 2007, 36 CLC (AD)
....und that the defendant have been in possession of the disputed land for more than 12 years as of right and by asserting hostile title against the plaintiff or their predecessor and that there was a complete ouster and thus the right, title and interest of the plaintiff which they alleged had acqu...... (2008) 329; 61 DLR (AD) (2009) 8. ......the High Court Division has not applied judicial mind that the lower appellate Court has not given any reason whatsoever for reversing the judgment of the trial Court and such judgment being not a proper judgment of reversal to the serious prejudice of the petitioners occasioning a failure of ju...... of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 329; 61 DLR (AD) (2009) 8. ..Category: Property Law | Date: | Hits: 41
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....llowed the appeal in a slipshod and perfunctory manner and the High Court Division also has misinterpreted the scope, object and purpose of section 106 of the Transfer of Property Act, 1882 causing complete miscarriage of Justice. 7. High Court Division made the Rule absolute holding that .................Petitioner Vs. Sultan Mahmud Chowdhury.................................Respondent Judgment August 5, 2007. Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not ......which shows absence of good faith and when any action is actuated not by good faith but otherwise, the same must be held to be malafide. 8. We are of the view that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The lea......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. ..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......ul Islam Bhuiyan, Advocate-on-Record- For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1356 of 2005. (From the judgment and order dated 22nd March, 20Q5 passed by the High Court Division in Civil Revision No. 530 of 2001......fect that the appellate Court below on misreading and on misinterpretation of the evidence on record allowed the appeal. and decreed the Suit being failed to appreciate the evidences on record in its proper perspective and came to an erroneous finding that the Appellate Court below reversed the judg......e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Korea Bangladesh Food Products Limited ............Petitioner Vs. National Bank Limited and others .............Respondents Judgment February 7, 2008. Lawyers Involved......33(1) of the Artha Rin Adalat Ain, 2003 was served upon him. So, the subsequent steps taken under Section 33(4) of the Artha Rin Adalat Ain, 2003 was illegal. Further the valuation of the mortgaged properties has been assessed at a shockingly low rate. The plaintiff bank assessed the valuation at......find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ..Category: Business or Commercial Law | Date: | Hits: 82
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