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Government of Bangladesh Vs. Md. Atiar Rahman Mollah, 2006, 35 CLC (AD)

....preme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home A...... (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, ......azzul Islam J Amirul Kabir Chowdhury J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others ...................Petitioners Vs. Md. Atiar Rahman Mollah..........Respond...... Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others ...................Petitioners Vs. Md. Atiar Rahman Mollah..........Respondent Judgment     ..

Category: Administrative Law | Date: | Hits: 120

Government of Bangladesh Vs. Md. Aftab Uddin Fakir, 2006, 35 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Secretary, Ministry Housing & Public Works, Secret...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Secretary, Ministry Housing & Public Works, Secretariat Building......bsp;  Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1720 of 2005. (From the judgment and order dated 13.07.2005 passed by the Administrative Appellate Tribunal in Appeal No. 52 of 200......Kabir Chowdhury J Government of Bangladesh, represented by the Secretary, Ministry Housing & Public Works, Secretariat Building, Ramna, Dhaka & others ............Petitioners Vs. Md. Aftab Uddin Fakir...........Respondent Judgment May 24, 2006. &n..

Category: Administrative Law | Date: | Hits: 115

Abdul Khaleque Vs. Shamsuddin and others, 2007, 36 CLC (AD)

....f the above, we find so sub­stance in submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 412. ......ing dead his heirs, 46 DLR 34; Abdur Rahim Vs. Tarequl Rahman, 50 DLR 66; Doyal Chandra Mondal and others Vs. Assistant Custodian, Vested and Non Resident Property, 50 DLR 186; Shambhu Nath Paddar Vs Bangladesh Railway, 43 DLR (AD) 82; Rokeya Begum Vs Abu Zaher of others, 4 MLR (AD) 171. Lawyers ......V ADC (2008) 412. ......also Reported in: V ADC (2008) 412. ..

Category: Property Law | Date: | Hits: 21

M/s Haque's Bay Vs. Mrs. Jahanara Ahmed and others, 2007, 36 CLC (AD)

....he government vide L.A. Case No. 13/59-60 acquired 4.65 acres of land leaving .25 acres out of acquisition but by mistake the entire land measuring 4.90 acres was shown to have been acquired by the Government by a Gazette notification published in that behalf. Since .25 acres of land was not acqu......ect decision. 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) 409. ......esent: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J M/s Haque's Bay ...........................Petitioner Vs. Mrs. Jahanara Ahmed and others........Respondents Judgment April 29, 2007.      ......vision (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J M/s Haque's Bay ...........................Petitioner Vs. Mrs. Jahanara Ahmed and others........Respondents Judgment April 29, 2007...

Category: Property Law | Date: | Hits: 31

Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)

....e petitioners having absolute and exclusive title therein are entitled to the compensation assessed. Out of schedule-1 lands the schedule-1(ka) is the disputed lands which have been acquired by the Government from the pos­session of the petitioners. This schedule-1(Ka) lands are the western p......e we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Afzal Ahmed and others..........Petitioners Vs. Ayesha Khatun and others ........ Respondents ......Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Afzal Ahmed and others..........Petitioners Vs. Ayesha Khatun and others ........ Respondents Judgment November 29, 2007. ..

Category: Property Law | Date: | Hits: 25

Anwarul Azim and others Vs. Fatema Khatoon and others, 2006, 35 CLC (AD)

....ound of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 96. ......did not accept the defendant No.1's case of oral gift by defendant No. 25 and Gulbahar, predecessor of the plaintiff Nos.2-4. The trial Court rejected the plaintiffs' claim as regard the shares of Bangladesh Oxygen Limited. The trial Court decreed the suit allotting saham of 6.65 acres of land o...... Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respon...... (Civil) Present: Syed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Anwarul Azim and others......Petitioners Vs. Fatema Khatoon and others.......................Respondents Judgment Augus..

Category: Property Law | Date: | Hits: 37

Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)

....t all Jalmohal (c) for declaration of their title in the suit land and also for confirmation of their pos­session in the suit land and also (d) for a decree for permanent injunction so that the Government cannot lease out the suit land to others and cannot interfere with their peaceful posse...... 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: 12 BLC (AD) (2007) 92. ......ivil) Present: Md. Ruhul Amin J    Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents Judgment     &nb......rt Appellate Division (Civil) Present: Md. Ruhul Amin J    Md. Tafazzul Islam J Kulsum Bibi & others...............Petitioners Vs. Deputy Commissioner, Magura and others..................... ............Respondents ..

Category: Property Law | Date: | Hits: 28

Harun-al-Rashid Mollah and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ct block measuring a total of 20 acres of land which is well demar­cated on all sides by boundary walls; in the initial record of right the suit land having been recorded as forest land of the Government and the plaintiffs filed Miscellaneous Case No. 1300 of 1963 for correction of the recor......Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J  Harun-al-Rashid Mollah and others..............Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Forest and others……… ...R......llate Division (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J  Harun-al-Rashid Mollah and others..............Petitioners Vs. Bangladesh represented by the Secretary, Mini......nt: Md. Ruhul Amin J Md. Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J  Harun-al-Rashid Mollah and others..............Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Forest and others……&h..

Category: Property Law | Date: | Hits: 31

KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)

....as filed upon averring, inter alia, that the property shown in the schedule attached to the plaint was owned by Syed Rafiuddin Ahmed on the basis of the lease dated January 28, 1964 taken from the Government and said Syed Rafiuddin Ahmed sold the property so obtained by lease to Mrs. Anowara Beg......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ......rt Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, 2006. Cases Refer...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J KM Zahirul Haque...................Appellant Vs. Shahida Khanam and others....................Respondents Judgment May 22, ..

Category: Property Law | Date: | Hits: 31

Mustari Bibi and others Vs. Md. Yusuf and others, 2006, 35 CLC (AD)

....wner and possessor of the suit pro­perty and that she died leaving behind the plaintiff and that, all on a sudden, the defen­dants i.e. the petitioners, started construction in the khas land of the Government and also they tried to encroach upon the vacant space of the plaintiff's property and tho...... day. Moreover, there is no material to substantiate the grievance. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 42. ......is also Reported in: 12 BLC (AD) (2007) 42. ...... 42. ..

Category: Property Law | Date: | Hits: 28

Guljan Bibi and others Vs. Md. Fazlu Miah and others, 2006, 35 CLC (AD)

....t in error in holding that the plaintiffs' suit was barred by limitation. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 18. ...... that suit was filed on 27.9,1989 while 60 years expired on 26-12-1988 and thus though apparently it appears that the suit was barred by limitation but because of the provision of Article 4 of the Bangladesh (Legal Proceedings) Order, 1972 (President's Order No. 12 of 1972) the suit was not barr......2 BLC (AD)(2007) 18. ...... Supreme Court Appellate Division (Civil) Present: Md.  Ruhul Amin J Md. Tafazzul IslamJ Guljan Bibi and others...............Petitioners Vs. Md. Fazlu Miah and others.....Respondents Judgment August 6, 2006. ..

Category: Property Law | Date: | Hits: 48

Bangladesh, Gas Fields Co. Ltd. Vs. Md. Fariduddin Ahmed and ors., 2007, 36 CLC (AD)

....pellant, the respondent No.4 has the absolute control over the appellant in all matters and any director of the appellant may be appointed and/or removed at the option of the  respondent No.4/Government and any vacancy in the office of directors of the appellant shall be filled upon by the ......2008) 324. ...... M.M.Ruhul Amin J Md. Tafazzul Islam J Bangladesh, Gas Fields Co. Ltd………............... Appellant (In both the appeals) Vs. Md. Fariduddin Ahmed and ors ..........Respondents (In Civil Appeal No. 196 of 2000) Md. Osman Gani and ors&hell......: Md. Ruhul Amin J M.M.Ruhul Amin J Md. Tafazzul Islam J Bangladesh, Gas Fields Co. Ltd………............... Appellant (In both the appeals) Vs. Md. Fariduddin Ahmed and ors ..........Respondents (In Civil Appeal No. 196 of 2000) ..

Category: Employment/Service Law | Date: | Hits: 90

Abdur Rahman & others Vs. Government of Bangladesh, 2006, 35 CLC (AD)

....n (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Abdur Rahman & others…..............Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Gazipur & others......Respond......il) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Abdur Rahman & others…..............Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Gazipur & others......Respondents Ju......or Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondent.  Civil Review Petition No. 67 of 2005. (From the judgment and order dated 08.03.2005 passed by the Appellate Division in Civil Appeal No. 81 of 1999). ......te Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Abdur Rahman & others…..............Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Gazipur & others....

Category: Property Law | Date: | Hits: 31

Robiul Islam & ors Vs. Secretary, Ministry of Land, Bangladesh Secretariat & ors, 2007, 36 CLC (AD)

....ct decision. 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) 304. ...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Robiul Islam and others....... Petitioners Vs. Secretary, Ministry of Land, Bangladesh Secretariat and others..... Respondents Judgment May 27, 2007. Law...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Robiul Islam and others....... Petitioners Vs. Secretary, Ministry of Land, Bangladesh Secretariat...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Robiul Islam and others....... Petitioners Vs. Secretary, Ministry of Land, Bangladesh Secretariat and others..... Respondents J..

Category: Property Law | Date: | Hits: 25

Government of Bangladesh Vs. Abdul Aziz and others, 2006, 35 CLC (AD)

....s also Reported in: V ADC (2008) 301. ......d in: V ADC (2008) 301. ...... Present: Md. Ruhul Amin J Md.Tafazzul Islam J Government of Bangladesh, repre­sented by the Deputy Commissioner, Sylhet ........Petitioner Vs. Abdul Aziz and others……..........Respondents Judgment April 9, 2006. Lawye......n (Civil) Present: Md. Ruhul Amin J Md.Tafazzul Islam J Government of Bangladesh, repre­sented by the Deputy Commissioner, Sylhet ........Petitioner Vs. Abdul Aziz and others……..........Respondents Judgment April..

Category: Property Law | Date: | Hits: 19

Mohammad Ali Vs. Bangladesh and others, 2007, 36 CLC (AD)

....itle and posses­sion in the land and the suit is barred by Section 76 of the State Acquisition and Tenancy Act. The further case of the defendant No.1 is that the suit land is khas land of the Government and was given in settlement to the plaintiff in L.A. Case No. 114/46 (XII) in the year 1...... Supreme 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. ......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...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mohammad Ali.........Appellant Vs. Bangladesh and others…….........Respondents Judgment March ..

Category: Property Law | Date: | Hits: 25

Golam Azim and another Vs. Bangladesh and others, 2007, 36 CLC (AD)

....shy;ted no error in rejecting the writ petition summarily. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 295 ; 16 BLT (AD) (2008) 361 . ......Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Golam Azim and another……………….Petitioners Vs. Bangladesh and others….......Respondents Judgment October 3, 2007. Lawy......preme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Golam Azim and another……………….Petitioners Vs. Bangladesh......Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Golam Azim and another……………….Petitioners Vs. Bangladesh and others….......Respondents Judgment October 3, 2007. ..

Category: Property Law | Date: | Hits: 29

S.M. Nurul Islam Vs. Padma Oil Company Limited and others, 2006, 35 CLC (AD)

....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. ......nstatement in his service with all arrear benefits on the averments that the respondent No.1, Padma Oil Company Limited, is a public limited company and the shares of the above company are held by Bangladesh Petroleum corporation, the respondent No.3, as well as other financial institutions, pub...... M.M. Ruhul Amin J Md. Tafazzul Islam J S.M. Nurul Islam……………………Petitioner Vs. Padma Oil Company Limited and others…………….....Respondents Judgment Novembe...... Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J S.M. Nurul Islam……………………Petitioner Vs. Padma Oil Company Limited and others…………….....Respond..

Category: Employment/Service Law | Date: | Hits: 61

Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)

....y, the learned Counsel submits that the High Court Division has failed to con­sider that in a suit for cancellation of deed and recovery of khas possession con­cerned sub-registrar and the Government of Bangladesh are necessary parties and they having not been impleaded as defen­dant...... Counsel submits that the High Court Division has failed to con­sider that in a suit for cancellation of deed and recovery of khas possession con­cerned sub-registrar and the Government of Bangladesh are necessary parties and they having not been impleaded as defen­dants, the plainti......DC (2008) 289. ......Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Shahidur Islam and others…….... Petitioners Vs. Md. Habibur Rahman and others ......Respondents Judgment May 15, 2007. ..

Category: Property Law | Date: | Hits: 24

Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)

.... relat­ing to review and the time tested ground(s) entitling one of the parties in the judgment has been re-stated in the case of Basharatullah, being dead his heirs: Fazle Karim and others Vs. Government of Bangladesh and others reported in (1996) 16 BLD (AD) 9 wherein it has been held: &qu......to review and the time tested ground(s) entitling one of the parties in the judgment has been re-stated in the case of Basharatullah, being dead his heirs: Fazle Karim and others Vs. Government of Bangladesh and others reported in (1996) 16 BLD (AD) 9 wherein it has been held: "Consistently......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...... 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 Buildings, Bakerganj and Additional Depu..

Category: Property Law | Date: | Hits: 34