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Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ...... in: IV ADC (2007) 841. ......s the High Court Division discharged the Rule holding that the original documents relating to auction purchase, confirmation of auction sale and delivery of possession of the auction sold property i.e. Exts.3,4, 5A and 7 to 8(h) came from the custody of the plaintiff and the plaintiff ......cord arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 841. ..Category: Property Law | Date: | Hits: 63
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ......in: IV ADC (2007) 834. ......f the appellate Court. Filing additional ground that the learned advocate submits that the High Court Division erred in law in not sending the case on remand to the appellate Court for writing proper judgment in accordance with law in view of the above facts and circumstance of the case.&qu......th the impugned judgment of the High Court Division. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 834. ..Category: Property Law | Date: | Hits: 30
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....ficiently complies with the requirement. The manner of use of the waqf property as delineated in the different clauses of the waqfnama also shows that the wakif made clear provisions to ensure complete dedication in accordance with the requirement of Muslim law Clauses 1 to 6 provide for pay......ip;………..Respondents Judgment January 11, 1982. Cases Referred to: Mst. Khairunnessa Khatun Chowdhury vs. Golam Muktadir Chowdhury, 14 DLR (Dacca) 764 and Syed Abul Fazal vs. Syeda Sayeeda Khatun and others 14 DLR (Dacca) 163. Lawyers Involve...... Ruhul Islam J. - This appeal by special leave is directed against the judgment of the High Court Division dismissing the appellant's Suit for declaration that the property described in the schedule to the plaint is waqf property and the plaintiff is the mutwalli......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....ift but by an unregistered instrument a person seeks to make a gift of immovable property, it must be registered. When the performance of one kind of obligations imposed under a law makes certain act complete, a separate kind of obligation cannot be introduced to nullify the same unless expressly pr......buddin Ahmed J Jabed Ali……………………………………………………………………………………..….Appellant Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others….……..Respondents Judgment January 5, 1982. Result: The appeal is dism......on August 3, 1979. 2. The predecessor of respondent Nos. 1 to 7 instituted O.C. Suit No. 61 of 1965 for declaration that the suit land appertained to his original C.S. khatian No. 27 and that the property recorded in the new Khatian No. 23 in the name of defendant No. 1 was wrongly prepared and ......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ...... ......he records cause shown, if any and after hearing the parties and perusal of the record making the rule absolute and/or pass such other or further order or orders as your Lordships may deem fit and proper. 9. On perusal of the aforesaid prayer it appears that the accused petitioner’s......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......ah, Deputy Attorney General, with him) instructed by A. S. M. Khalequzzarman, Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 60 of 2006 (From the judgment and order dated 29.01.2006 passed by the High Court Division in Criminal Miscellaneous Case No. 13......to and other competent court at Dhaka and after hearing the parties and cause shown may be pleased to make the rule absolute or be please to pass such other order/orders as to may seem fit and proper. .............................. 10. The High Court Division after hearing the......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ..Category: Criminal Law | Date: | Hits: 64
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
....of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ...... ...... the defendants also took the keys of the office and the factory of the plaintiff on the plea of inspection but ultimately they did not return the same and as a result the plaintiff could not take proper care for maintenance to the raw materials, finished goods and the machineries which led to t......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ..Category: Business or Commercial Law | Date: | Hits: 75
Md. Foridur Rahman @ Forid @ Reza Vs. State, 2007, 36 CLC (AD)
....ase of circumstantial evidence when an accused offers a plea or an explanation and that plea or an explanation is found to be untrue it offers an additional link in the chain circumstances to complete the chain. 13. The High Court Division accordingly held that the extra-judicial con...... Lawyers involved: Sarwar Ahmed, Advocate-For the Jail Petitioner. Golam Kibria, Deputy Attorney General-for the State. Jail Petition No. 4 of 2005 (From the judgment and order dated 16.5.2004 passed by the High Court Division in Death Reference No. 34 of 2001, Jai.......6.2000 in place of 16.6.2000 in middle portion of First Information Report is a very insignificant matter which must be ignored. 15. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record accepted the death reference and d......shy;ty in the decision of the High Court Division so as to call for any interference. The Jail petitioner is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Criminal Law | Date: | Hits: 51
Paritosh Rudra Vs. State, 2007, 36 CLC (AD)
....s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ......rd-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 307 of 2004. with Jail Petition No. 02 of 2005. (From the judgment and order dated 18-07-2004 passed by the High Court Division in Jail Appeal No. 615 of 2002 with De......zumder, the learned Senior Advocate appearing for the petitioner, submits that the learned Judges of the High Court Division misconceived the law as well as facts of the case and thus without proper assessment of materials on record confirmed the sentence and as such the impugned order is l......s no substance in this petition for leave to appeal and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 702. ..Category: Criminal Law | Date: | Hits: 43
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ......) 672. ......finding that there was no surrender of korfa tenancy by Jairuddin to Kuran Mondal. The learned Counsel has also submitted that the Exts. B and B(8) having not been brought before the Court from the proper custody and that the contents thereof having not been proved and that the presumption o......render his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2,000/- Ed. This Case is also Reported in: IV ADC (2007) 672. ..Category: Property Law | Date: | Hits: 28
Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)
....e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ......rted in: IV ADC (2007) 669. ......e defendants stands on a better footing (f) the trial Court only discussed the evidence of RWs. without discussing the evidence of the D.Ws. and did not consider the registered kabuliyats in their proper perspective. The High Court Division further found that though the appellate Court did not e......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ..Category: Property Law | Date: | Hits: 28
Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......2007) 654. ......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......e document filed by the plaintiff and the document filed by the defendant which was marked as Ext. 'Uma' the contention of the parties call for investigation and adjudication. Suffice it to say quantity of land which was made the subject matter of the suit..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Bank ........................Petitioner Vs. Sk. Abul Hossain and others..........Respondents Judgment May 2, 2006. Case Referred to- ...... banking company; by Bank Company (Amendment) Act 1003 (2003), on 10th March 2003 section 15(Ka ka) was inserted in the Bank Company Act 1991 to secure interest of the depositors and to ensure the proper management of the Banks and by those circulars the Bangladesh Bank has given the guide-lines......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....a (amaldari) and that the defendants have been possession the suit holding since then on the basis of the aforesaid settlement. Their further case is that Dhiren and Biren Bhattacharjee agreed to complete the transaction by executing registered documents in favour of the defendant’s predeces......ate-on- Record-For the Appellants. Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Appeal Nos. 117-118 of 1998 (From the judgment and order dated 13.08.1995 passed by the High Court Division in Civil Revision No. 1222 of 1981 with......the learned Subordinate Judge (now Joint District Judge) on 22.08.1958 declaring that Srish Chandra Bhattacharjee was benamdar of Baidyanath Chatterjee. Baidyanath subsequently transferred the suit property comprising holding Nos. 12 and 13 to the plaintiffs by a registered kabala dated 04.11....... cogent reason to interfere with the same. Both the appeals are, therefore, dismissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..Category: Property Law | Date: | Hits: 34
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
....eholders. Thus the company very tactfully and deliberately induced the subscribers of the prospectus to believe the published material and important facts and information which were not, in fact, complete and correct to the entirety and to take up shares on the basis of the said prospectus l...... Appellate Division (Civil) Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J.R. Mudassir Husain J Abu Sayeed Ahammed J Wonder Land Toys Ltd., C-101, Central Road, New DOHS Mohakhali C/A, Dhaka…….Petitioner ...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ......d JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Peninsular Shipping Service Limited ..............................................Appellant Vs. M/s. Faruque Paint and Varnish Manufacturing Co. Ltd. and others ........Respondents Judgment June 18, 2006. ......t No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.50,000,00/- from respondent No.3 Standard Chartered Bank and mortgaged the property mentioned in schedule A of the plaint of Title Suit No. 35 of 1996 renumbered as Title Suit......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
....ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ......ion (Civil) Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Ayen Ali Howlader...................Petitioner Vs. Nazir Ahmed and others…………….Respondents Judgment November 28, ....... The said land is adjacent to said factory. The petitioner filed application to the Ministry of Industries to facilitate getting the settlement of the said land. That Ministry of Industries after proper recommendation sent the matter to the Ministry of Land, who then by its letter dated 29.04.1......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ..Category: Property Law | Date: | Hits: 29
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......pellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Abul Kalam Azad and others .............................Appellants Vs. Mohammad Iqbal Hossain & ......s issued calling upon the appellants and others to show cause as to why contempt proceeding should not be drawn up against them and/or pass such other or further order or orders as may deem fit and proper. 2. The respondents alleged that inspite of order of the High Court Division the Mana......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ..Category: Criminal Law | Date: | Hits: 47
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Maruf Hossain (Swopon)........Petitioner Vs. Diljan Bibi and others........Respondents Judgment May 27, 2007. Lawyers Involved: ......e plaintiff and the plaintiffs, having been able to prove their possession in the suit land followed by dispossession, are entitled to get the decree as prayed for and retain the possession till a properly constituted suit for partition, if so advised, is filed. 5. We are of the view that......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ..Category: Property Law | Date: | Hits: 23
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ......MLR (AD) 2008, 168. ......as described in the Kha schedule to the plaint are forged, fraudulent, void and not binding upon them on the averments that Golak Sarder and Ramgati Sarder were the owners in possession of the suit property to the extent of 12 annas and 4 annas respectively covering an area of 5061/4 acres and 1......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ..Category: Property Law | Date: | Hits: 33
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