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Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)
....any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ......e Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ali.........Appellant Vs. Bangladesh and others…….........Respondents Judgment March 13, 2007. Lawye......converted into a permanent 'maliki' settlement but the Single Judge of the High Court Division due to its misconception in law in interpreting deeds has failed to interpret the kabuliyat in a proper way and has decided the fate of the case causing complete miscarriage of justice. He fu......any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 299. ..Category: Property Law | Date: | Hits: 25
S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)
.... is entitled to get a decree as prayed for and the above decree was also affirmed by the appellate Court and thereafter, in revisional stage at the High Court Division, the defendants introduced a completely new case completely unheard and unseen in the courts below and this Division, by over&sh...... M.M. Ruhul Amin J Md. Tafazzul Islam J S.M. Nurul Islam……………………Petitioner Vs. Padma Oil Company Limited and others…………….....Respondents Judgment Novembe......rt as well as the lower appellate court, though found that the plaintiff indirectly admitted the misappropriation, held that an enquiry an 2nd show cause were necessary which is not at all proper in view of the fact that the offence of misappropriation has been admitted by the plai......out at all considering Ext. 2 in which the petitioner admitted his guilt. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 292. ..Category: Employment/Service Law | Date: | Hits: 61
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......DC (2008) 289. ......ect of parties, the suit is filed with an ulterior motive for illegal gain and the plaintiffs have no right, title and interest and possession in the suit land and they further stated that the suit property originally belonged to Badan Mondal, while the plaintiffs were owning and possessing...... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ..Category: Property Law | Date: | Hits: 24
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....ade hereinabove we find merit in the appeal. 26. Accordingly, the appeal is allowed without any order as to costs. Ed. The Case is also Reported in: IV ADC (2007) 991. ......pellate Division (Civil) Present: Md. Ruhul Amin CJ Md. Tafazzul Islam J Md. Hassan Ameen J Matiar Rahman being dead his heirs: Shahajada Hossain Mallik and others..... Appellant Vs. Assistant Custodian of Enemy Property Lands and Buildin......g the judgment and decree dated August 22, 1973 passed in Title Suit No. 634 of 1970 decreeing the same. The suit was filed seeking decree for permanent injunction and for declaration that the property in suit is not enemy property i.e. vested property. 3. The appellant filed Title Su......in Title Suit No. 198 of 1970 could only be the subject matter of a suit seeking declaration about the said decree i.e. decree in Title Suit No. 198 of 1970 and in no way can be the matter for adjudication within the scope of Title Suit No. 634 of 1970 as framed and the review as sought. We ..Category: Property Law | Date: | Hits: 34
Abdur Rahman and others Vs. Sultan @ Sultan & others, 1982, 11 CLC (AD)
....ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ...... Appellate Division (Civil) Present: Fazle Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury A.T.M. Masud J Abdur Rahman and others……………………………&......nst the judgment and order of the High Court Division in Civil Revision No. 1122 of 1977. Facts are as follows: The appellants as plaintiffs instituted a suit for partition of the suit property by metes and bounds. It was decreed in preliminary contest on 29.4.1972. Thereafter, the p......ndolent respondent cannot claim any equitable relief. In the result, therefore, this appeal is allowed with costs. The order of the High Court Division is set aside. Ed. ..Category: Property Law | Date: | Hits: 23
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....sha, a Wakf Estate with the plaintiff-petitioner as Mutwalli, for establishing a Masjid, Madrasa and Etimkhana. When the construction work for the said Masjid, Madrasa and Etimkhana was nearly complete the defendant-respondent and defendant No.2 claimed that they were the owners of the suit ...... Civil Petition for Leave to Appeal No.1416 of 2005. (From the judgment and order dated 31.8.2005 passed by the High Court Division in Civil Revision No.3530 of 2005).&nbs......t No.43 of 2003 in the court of Senior Assistant Judge, Sadar, Noakhali for permanent injunction on the allegations, inter alia, that one Abdul Latif Mia as owner in possession distributed his properties amongst his heirs vide registered Nirdeshpatra dated 6.3.1944. Accordingly Diara Khatian......osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ..Category: Property Law | Date: | Hits: 43
Md. Delwar Hossain Akter & another Vs. Md. Nazrul Islam Khan & others, 2006, 35 CLC (AD)
.... is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 242 ; 11 BLC (AD) (2006) 265. ......d: Syed Mahbubur Rahmen, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 918 of 2005. (From the judgment and order dated 08.05.2005 passed by the High Court Division in Civil Revision No. 3794 of 2000). ...... found that the findings of fact on question of possession and dispossession and also on question of limitation as arrived at by the court of appeal which is the final court of facts were based on proper consideration and appreciation of the material evidence on record and there is no ...... is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 242 ; 11 BLC (AD) (2006) 265. ..Category: Property Law | Date: | Hits: 32
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ......in: V ADC (2008) 234. ......se dated 05.09.2004 passed by the Senior Assistant Judge, Chatkhil, Noakhali in Title Suit No.43 of 2003 should not be set aside or such other or further order or orders passed as may seem fit and proper. 2. The petitioner as plaintiff filed Title Suit No. 148 of 2003 in the Court of Seni......ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ..Category: Property Law | Date: | Hits: 35
Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ......Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hazera Begum…………………….Appellant Vs. Artha Rin Adalat and others .........Respondents Judgment April 17, 2007. Lawyers Involved: ......d not be a bar in passing the impugned order for issuing warrant of arrest and detention of the judgment-debtor appellant, a women, in civil prison if it (Artha Rin Adalat) considered fit and proper for the sake of realisation of money. 5. Leave was granted to consider th......igh Court Division is therefore erratic and perverse. The appeal is therefore allowed but without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 220. ..Category: Civil Law | Date: | Hits: 111
BFDC Vs. The Chairman, First Labour Court, Dhaka and another, 2008, 37 CLC (AD)
....cussion we find no merit in the petitions. Accordingly, these petitions are dismissed on condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 217. ...... M. Ruhul Amin J Md. Abdul Matin J Bangladesh Film Development Corporation, Tejgaon, Dhaka.......Petitioner (In all cases) Vs. The Chairman, First Labour Court, Dhaka and another......Respondents (In all cases) Judgment January 3, 2008. Lawyers......pon arriving at the finding that enquiry conducted against the petitioners in the complaint cases was not in accordance with law and the petitioners of the complaint cases were not given proper opportunity to defend themselves, that the opposite party in the complaint cases i.e. petiti......cussion we find no merit in the petitions. Accordingly, these petitions are dismissed on condonation of delay. Ed. This Case is also Reported in: V ADC (2008) 217. ..Category: Labour and Industrial Law | Date: | Hits: 109
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ...... Md. Abdul Matin J Dr. Mohammad Sarwar Ramiz & others................Appellants (In Civil Appeal No. 209 of 2005) Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Bangladesh Secretariat, Ramna, Dhaka & others………............of relevant papers and documents issued interview cards to all the suitable candidates including the writ petitioners and the present petitioners; that after holding interview properly and on scrutiny of the documents filed and after application of mind, the PSC select......Court Division requires interference by us. 19. Both the appeals are accordingly allowed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 181. ..Category: Employment/Service Law | Date: | Hits: 100
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ......resent: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mirza Saifuddin Hasan.......... Petitioner (In Criminal Petition No. 117 of 2004) Sheikh Abul Hossain and others......Petitioners (In Criminal Petition No. 118 of 2004) Vs. The State...........rs are innocent and they did not forge or create the bills or advices as alleged and those bills came to them in the regular course of business from the District Accounts Office, D.A.O. with proper embossing seals and authority and as per the advices payment was made to the cashier of the ......ty or infirmity in the decision of the High Court Division so as to call for interference. The petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 977. ..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ......order dated 25.8.2003 passed by the High Court Division in Criminal Appeal No. 2438 of 2000). Judgment Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order of conviction and sentence dated 25.8.2003 passed by the High Court Division in Criminal......mination, was that the petitioner and others are innocent and they did not forge or create any bill or advice and those bills came to them in a regular course from the District Accounts Office with proper embossing seal and authority and as per the advice payment was made to the cashier of the off......int at any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 972. ..Category: Anti-Corruption Laws | Date: | Hits: 81
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
....le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ...... Case is also Reported in: IV ADC (2007) 964. ......ullah, father of the petitioners and then Sonaullah in Agrahayan 1362 B.S, executed and registered a kabuliat in favour of Nagendra Bala; after the death of Sonaullah the petitioners inherited the property left by Sonaullah; the defendant No.1 on 15th Kartic 1394 B.S, on the basis of the record ......le arrived at a correct decision and there is not cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 964. ..Category: Property Law | Date: | Hits: 30
Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)
.... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ......ir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh Biman Corporation represented by its Managing Director, Balaka Bhaban, P.S. Cantonment, ZIA, Kurmitola, Dhaka and another ...........Petitioners Vs. Riaz Uddin Ahmed and others .........Responden......ner the then Deputy General Manager (internal audit) of the Biman was appointed as inquiry officer to probe the allegation against the writ petitioner and that the Inquiry Officer did not hold any proper inquiry nor examined witnesses duly and submitted a report to the serious prejudice of ...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ..Category: Employment/Service Law | Date: | Hits: 72
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
....provisions of sub-sections (1) and 3 of Section 3 of the Hindu Womens Rights to the Property Act (XVIII of 1937) it clearly appears that during the period of her life time a Hindu widow is a complete owner and co-sharer of any property or holding in question with the right to claim par&sh...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bulmayee Barmani alias Srimati Bulmayee Barmani and another.........Petitioners Vs. Sree Madhuram Barman and another.....Respondents ......d 3 of Section 3 of the Hindu Womens Rights to the Property Act (XVIII of 1937) it clearly appears that during the period of her life time a Hindu widow is a complete owner and co-sharer of any property or holding in question with the right to claim partition and consequently having the...... Accordingly there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 938. ..Category: Property Law | Date: | Hits: 67
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....e of the plaintiff or the governing law of the agreement, and not the law of the forum where the suit is brought to resolve the dispute, and hence the application of Artha Rin Adalat Act, 1990 was completely excluded in this instance and the learned respondent No.1 Court had no scope in resortin...... Supreme Court Appellate Division (Civil) Present: Syed Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mustaque Alam Chowdhury and another............Petitioner Vs. The Court of Joint District and 2nd Artha Rin ...... immovable assets of the proforma respondent No.3. Yet, the respondent No. 2 filed the suit as a money suit and omitted to pray for foreclosure of the said mortgage or for the sale of the mortgaged property to recover the money allegedly due. Such omission amounted to a relinquishment ......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ......late Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents ...... 2. The facts, in short, are that the respondent Nos.1 to 3 daughters and son of late Md. Akhtar and late Most. Badrunnessa, filed Settlement Case No. 450 of 1987 challenging the inclusion of the property at 32/4, Sher Shah Suri Road within Block-'D' of the Mohammadpur Housing Estate, Dhaka in ......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......sif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......ction after giving the opportunities to the parties to place their respective cases in full. It was also directed by the said order that the status quo should be maintained in respect of the disputed properties till the disposal of the petition for temporary injunction. The appellants having moved t......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 1999, 28 CLC (AD)
....ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ....... Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Position for Leave to Appeal No. 85 of 1999. (From the judgment and order dated May 5, 1999 passed by the High Court Division, Dhaka in Criminal Appeal No. 655 of ...... May 30, 1999. The Code of Criminal Procedure, 1898 (V of 1898) Section 498 In case of appeal against a short period of sentence bail should be ordinarily granted in the exercise of a proper discretion…….(4) Lawyers Involved: Abdus Subhan, Senior Advocate......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ..Category: Criminal Law | Date: | Hits: 50
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