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Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....and that was not a benami transfer and as there has been no error of law by the lower appellate Court as well as by the High Court Division in arriving at the aforesaid finding i.e. the Ext.1 is a complete sale deed and thereby created right in respect of the land so transferred in favour of Tof......: 61 DLR (AD) (2009) 133; ......tiff No.2 a proceeding under section 144 of the Code of Criminal Procedure was started but later on same was converted into a proceeding under section 145 of the Code of Criminal Procedure and the properties of the aforementioned three schedules were attached and management thereof was give......is directed to handover the property of schedule 'Kha' and 'Ga' to the appellants i.e. the contesting defendants. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 133; ..Category: Property Law | Date: | Hits: 67
Miah Mojibur Rahman Vs. Khondoker Nazmul Haque (Chiru) and others, 2004, 33 CLC (AD)
....responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ...... Md. Tafazzul Islam J Amirul Kabir Chowdhury J Miah Mojibur Rahman……………….Petitioner Vs. Khondoker Nazmul Haque (Chiru) and others………………Respondents Judgment Decemb......t the accused respondent caused the injury for the non-payment of dowry and the incriminating evidence of the P.Ws. has not been drawn to his notice which shows that the accused respondent was not properly examined which has prejudiced him seriously and that is an incurable defect which has......responding to G.R. Case No. 193 of 1990 P.S .Khalishpur immediately and to enlarge him on bail to his satisfaction. The petitioner is permitted to add additional grounds. Ed. ..Category: Procedural Law | Date: | Hits: 100
Abdul Wahed Vs. Arun Kumar Ganguly & others, 1999, 28 CLC (AD)
.... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ......; Not represented- Respondent Nos. 2-6. Civil Appeal No.73 of 1998 (From the judgment and order dated 4 June 1996 passed by the High Court Division in Civil Revision No.3283 of 1991 (Dh...... title to the land, that the two orders were not applicable to the facts of the present case and that the cancellation of settlement of the plaintiff by applying paragraph 8 of a memo was not proper and legal. Accordingly the learned judge set aside the judgment and decree of the learned su...... and 22.5.82 are not legal and proper. The learned Single Judge having correctly decided the case the same calls for no interference. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 35
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ......d. ...... suit. The defendants, including the minor defendants, filed petition seeking setting aside of the exparte decree contending that not being notified about the filing of the above suit through proper service of summons, they could not appear in the suit and in the above circumstances th......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ..Category: Property Law | Date: | Hits: 28
Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)
....No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ......………Respondent (Civil Appeal No. 62 of 2004) Wega Fashion Sweater (Pvt.) Ltd. represented by its M.D. Md. Nurul Huda……………………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. having its office at Tikatuly & others ……………………Respo......004 (Wega Fashion Sweater Pvt. Ltd.) by altering Government's earlier decision. The further case is that one Mrs. Madlena D. Rozario purchased the land from the C.S. recorded owners and possessed the property. The Government requisitioned the property by order dated 03.03.1952 in Requisition Case No......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..Category: Property Law | Date: | Hits: 91
Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed....... Mst. Jahanara Khatun ............Appellant Vs Md. Nurul Islam ……………........Respondent Judgment May 25, 2006 Cases Referred to- Abdus Salam Bepari Vs. Shamsun Nahar Bibi and others, 6 BLC (AD) 36; Zaher Ahmed Vs. Manik Sardar, 6 MLR (AD) 44. Lawyers Involved: Mahb......vision of the Premises Rent Control Act, 1991, that the concurrent finding of fact regarding plaintiffs bonafide requirement by the courts below has been reversed by the High Court Division without proper reasoning. 9. The learned Counsel for the appellant submits that the High Court Division w......ereinabove the contentions, so made, in our view, are of no merit. In view of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed with costs. Ed...Category: Tenancy Law | Date: | Hits: 180
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ...... Ed. ......service. 5. The trial Court decreed the suit on the findings that the allegations brought against the plaintiff do not call for dismissal from service, that the inquiry that was held was not proper and the order of dismissal having been passed in the background of the said non-proper inqui...... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......Huq, Advocate-on–Record-For the Respondents. Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No.2999 of 1999) ......me. 3. Respondent Nos.2 and 3 filed Other Suit No. 280 of 1987 in the Court of Assistant Judge, Chittagong (subsequently renumbered as Other Suit No. 25 of 1992) seeking declaration that the properties described in the schedule attached to the plaint, are properties of the Waqf Estate......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......vocate (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed by the High Court Division, in Criminal Miscellaneous Case No. ......on, Dhaka Metropolitan Police, Dhaka investigated into the case and submitted a report on 24.10.2001 recommending that bail of accused respondent ought to be cancelled in the interest of proper investigation of the case and also for the safety and security of the informant petitio...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ..Category: Criminal Law | Date: | Hits: 31
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ...... Attorney General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-3 Ex parte-Respondents no.4 Civil appeal No. 2 of 1993 (From the Judgment and Order dated 27-8-92 Passed by the High Court Division in Writ petition No. 3182 of 1991) ......report after the cyclone and tidal surge of 1991.The joint survey report (Annexure-I) shows that each sheet was affected by the chemical compounds of saline water and each sheet has lost 60% of its properties. Each sheet has developed spots on contact with saline water and each sheet has been en......al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 112
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....ave was granted in the following terms: "Whether the proposed amendment does change the nature and character of the suit or it is an additional/alternative prayer for doing the complete justice in the matter, requires investigation." 4. We have heard Mr. Mu......Supreme Court Appellate Division (Civil) Present: Md. Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Shafiqul Islam Chowdhury (Md.) and ors....Appellants Vs. Mustafizur Rahman and ors ................Respondents ......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......sharer in the suit holding and such amendment will not change the nature and character of the suit, rather such alternative prayer should be considered necessary for the purpose of effective adjudication of the matter in dispute and for doing the complete justice in the matter avoiding mul..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ...... Md Ruhul Amin CJ MM Ruhul Amin J Md. Hassan Ameen J Abdul Noor (Md) @ Cunnu Mia & another….....Appellants Vs. Makhan Mia @ Md Laisuzzaman and others.... .................Respondents Judgment August 2, 2007. Parti...... daughter Aimona Bibi but gave her share as gift at the time of marriage. Aimona Bibi did not claim any share in the suit land during her lifetime nor, did her daughters claim any share in the said property. Haji Abdul Mazid died leaving behind three sons, Abdul Hakim, the plaintiff No. 1 and Bad......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......han...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In C. P. No.746 of 2007) Nawab Katara, (Nimtoli) Dhaka and other………Respondents (In C.P. No.745 of 2007). M. Rafiul Karim & ......itled to be appointed as Mutawalli for the present tenure, i.e. for five years tenure from the date of order and/or such other or further order or orders passed as to that Court might seem fit and proper. At the time of the issuance of the Rule the respondent Nos.4 and 5 were also restrained fro......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents Judgment April 19, 2007. Lawyer......d Court, Dhaka in Title Suit No. 174 of 2002. 2. Brief facts are that the petitioner, as plaintiff, instituted the above suit on 6.11.2002 for declaration of title and partition of the suit properties as shown in 'Ka' and 'Kha' schedule of the plaint on the averments that the suit propert......ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 36
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ...... Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respondents Judgment October 30, 2007 Lawyers Involved: Rafique-Ul-Hu......spondent Nos.1 to 8 instituted the Title Suit No.120 of 1992 in the Third Court of the then Subordinate Judge, Dhaka on 27.06.1992 for declaration of title and recovery of khas possession of the suit property after removing all structures from the suit property stating, inter alia, that Abdul Kader ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......hammad Miah......................Petitioner Vs Atiar Rahman Miah................Respondent Judgment February 11, 2004 Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate instructed by Mohd. Nawab Ali, Advocate-on-Record- For the Petitioner Not re......d of sale if it is not otherwise proved to be antedated and fraudulent would take effect from the date of its execution or from date of its registration. It appears that the High Court Division on proper consideration of legal position and the materials on record came to the conclusion that unde......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......ngly, the leave petition is dismissed. Ed. ...... husband Molamdi, one daughter plaintiff No.2 and cousin Hanif Biswas. Later on Hanif Biswas died leaving only son plaintiff No.1 as heir. In this way plaintiffs acquired 12 annas share in the suit property and they subsequently sold some land to other persons. Their further case is that Bodillah...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 39
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ......DLR (AD) (2008) 14. ......he High Court Division made the Rule absolute holding that the defendants are bona fide purchasers for value without notice and this aspect of the matter has not been discussed by the courts below properly and in support of its decision the High Court Division referred to the case of Mukhtar Hos...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....No. 7, the Principal of the above, Rifles Public School and College issued direct warning letter upon the petitioner on 29-7-1998 without at all hearing him and thereafter keeping the petitioner in complete dark and without previous approval of the Medical Board the respondent No. 7 managed to ge......e Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Noor-e-Alam Jahangir (Md), English Teacher, Rifles Public School and College……. Petitioner Vs. Government of Bangladesh, represe......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....mity 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: 60 DLR (AD) (2008) 9. ......Amin J MM Ruhul Amin J Md. Tafazzul Islam J Rabeya Khatoon………….Petitioner Vs. Bangladesh, represented by the Deputy Commissioner and others......Respondents Judgment January 24, 2007. The Constitution of......however, in view of the objection filed by the plaintiff, the Government abstained from evicting the plaintiff from the suit land; the allotment of suit land in favour of Rustam Ali is genuine and proper; the Government is taking steps to evict the plaintiff from the suit land and hence the suit......mity 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: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
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