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Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....name of the said Zimander. The government by virtue of two different notifications dated 15.12.1953 and 31.3.1985 published in the official Gazette vested the suit land in the Forest Department of Government. Since then the Forest Department of the Government has been looking after and managing ......rned Single Judge, although dismissed the suit by discharging the rule, held the same view as under: "The suit land as admitted vested in the Forest Department of the Government of Bangladesh as per Gazette Notifications exhibits 1 and 1 (a) and these notifications have not been ......ppellate Division (Civil Present Md. Ruhul Amin CJ MM Ruhul Amin J Md. Joynul Abedin J Divisional Forest Officer, Dhaka ..............Appellant Vs. Md. Shahabuddin and others...............Respondents Judgment March 21, ......ith costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..Category: Property Law | Date: | Hits: 35
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....ration. On the basis of those kabala deeds, the defendants did not take over the possession of the suit land. The plaintiff has been possessing the suit land on payment of rent and other taxes to the Government. She has been performing the functions of Mutwalli of the Waqf Estate. Hence is the suit.......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ......pellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ammen J Mosammat Parveen Sultana ..........Petitioner (In both the cases) Vs. Mosammat Sahera Khatun & another........... Respondent(s) (In both the cases) Judgment......terfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ..Category: Tenancy Law | Date: | Hits: 155
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
.... benefits on the averments that he, on 9.5.1996, was appointed as the Deputy General Manager of Bangladesh Overseas Employment and Services Ltd (BOESL), a public limited company fully owned by the Government on the basis of an open competitive process and he joined in his service on 18.5.1996 an...... Present: Md. Ruhul Amin J Md. Tafazzul Islam J Rafique Ahmed…………………….Petitioner Vs. Managing Director, Bangladesh Overseas Employment & Service Ltd. and others.......Respondents Judgment ......llate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Rafique Ahmed…………………….Petitioner Vs. Managing Director, Bangladesh Overseas Employment & Service Ltd. and others.......Re....... The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ..Category: Employment/Service Law | Date: | Hits: 71
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
....is impugned order. 8. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 882. ...... in not holding that in the facts and circumstances of the case, there is no manner of application of Rule 20 Order 5 of Code of Civil Procedure, inasmuch as, defendant no. 7 had no agent in Bangladesh to receive summons on her behalf so process should invariably be served under Rule 20 O......pellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Hazi Salahuddin and others.......Petitioners Vs. Zinnatan Nesa and others........Respondents Judgment April 6, 2006. ......bir Chowdhury J Hazi Salahuddin and others.......Petitioners Vs. Zinnatan Nesa and others........Respondents Judgment April 6, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mahbubey Alam, Senior advocate, instru..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Moazzam Hossain ..........Appellant Vs. Bangladesh Bank and ors.......Respondents Judgment April 4, 2005. Civil Appeal N...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Moazzam Hossain ..........Appellant Vs. Bangladesh Bank and ors.......Respondents Judgment April 4, 2005. Civi......owed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..Category: Banking Law | Date: | Hits: 112
Government of Bangladesh Vs. Rabaya Begum & another, 2007, 36 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Government of Bangladesh ......Appellant Vs. Rabaya Begum & another ........Respo...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Government of Bangladesh ......Appellant Vs. Rabaya Begum & another ........Respondent J......te Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Government of Bangladesh ......Appellant Vs. Rabaya Begum & another ........Respondent Judgment May 24, 2007. ......peal is dismissed without costs. Ed. This Case is also Reported in: IV ADC (2007) 863. ..Category: Property Law | Date: | Hits: 27
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
....any illegality or infirmity 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: IV ADC (2007) 855. ......ed in: IV ADC (2007) 855. ...... This Case is also Reported in: IV ADC (2007) 855. ......sion so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 855. ..Category: Business or Commercial Law | Date: | Hits: 151
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
....total quantity of 36.06 acres including homestead was allotted to him and the remaining 45.75 acres of land was declared excess under section 20 of the Act; and the excess land was acquired by the Government. The mutwalli prayed for release of the excess land upon which Case No. 16 of 1961-62 wa......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. ......owlader.………………………………………………………..Appellant Vs. Abdur Rashid & others.……………………......bsp; Shahabuddin Ahmed, Advocate-on-Record— For respondents No. 1-4. Md. Moksudur Rahman, Deputy Attorney General, instructed by A.W. Mallick, Advocate–on-Record&..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
.... also filed a case under section 145 of the Code of Civil Procedure against the plaintiff. But in that case possession of the plaintiff was found. 4. The plaintiff paid rent of the holding to the Government from 1363 to 1369 B.S. In Chaitra, 1370 B.S. the Tahsildar refused to accept rent from hi......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. ...... Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Jabed Ali……………………………………………………………………………………..….Appellant Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others….……..Respondents Judgme......ry J Shahabuddin Ahmed J Jabed Ali……………………………………………………………………………………..….Appellant Vs. Abu Shaikh, being dead his heirs: Md. Naimuddin and others….……..Respondents Judgment January 5, 1982. Result: The ..Category: Property Law | Date: | Hits: 37
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
.... should be kept pending till disposal of the Criminal Leave to Appeal No.36 of 2004. For that in view of the fact that jurisdiction of the tribunal to try a case being determined by the Government under Section 5 of the Ain, the instant transfer going contrary to the said provis......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. ......uhul Amin J Amirul Kabir Chowdhury J S.M. Firoj and others…………………………………..Petitioners Vs. The State ………………………&helli......leave to appeal against the judgment and order dated 02.02.2006 passed by the High Court Division in Criminal Miscellance Case No. 8450 of 2005 making the rule absolute. 2. On 08.02.2004 one Md.Rafiqul Islam Talukder lodged First Information Report with Naldanga Police Station, district-Na..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....1 dated 01.03.2004 was started and the police after investigation submitted charge sheet against the accused petitioner and others under Sections 326/302/109/34 of the Penal Code on 16.03.2005.The Government by notification in the official gazette transferred the cases for trial before the Druto......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. ......usain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Md. Sahidul @ Sahidul Hossain Hannan………………………..Petitioner Vs. The State ...............................................................Respondent ......C (2007) 794. ..Category: Criminal Law | Date: | Hits: 64
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....the suit property belonged to Jogendra Mohan Chakraborty and Lat Mohon in equal shares and after partition in 1947 they left for India and settled there and 1.18 acres of land was taken away by the Government as khas land and that 1.05 acres of land out of the suit plot was settled in favour......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ...... Supreme Court Appellate Division (Civil) Present Syed J. R. Mudassir Husain CJ Amirul Kabir Chowdhury J Mst. Mariam Bibi.............. Petitioner Vs. Shiraj Madbar and others.........Respondents Judgment August 1, 2006. ............. Petitioner Vs. Shiraj Madbar and others.........Respondents Judgment August 1, 2006. Lawyers Involved: M. A. Mannan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondents. Ci..Category: Property Law | Date: | Hits: 25
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....l) Present Syed J.R. Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Abdur Rahim………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Power, Energy and Mineral ......t Syed J.R. Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Abdur Rahim………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Power, Energy and Mineral Resources, Ban...... (Civil) Present Syed J.R. Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Abdur Rahim………………Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Power, Energy a......s .................Respondent Judgment July 3, 2006. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate (Dr. A. K. M. Ali, Advocate with him), instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. T. H. Khan, Senior Advocate (Mustaque ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....n the petitioner. Very small amount of money on the basis of a preliminary award was paid to the petitioner initially which he received on protest, on gazette notification was made by the Government and hence no final award was made and as such full compensation money was not paid to th......eported in: IV ADC (2007) 770. ......Tafazzul Islam J Bangladesh represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka & others………………Petitioners Vs. Al-Haj Sanaullah……………Respondent Judgment ...... 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ..Category: Property Law | Date: | Hits: 26
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. ......rict Judge), and Commercial Court No.1, Dhaka praying for decree for a sum of Tk. 25,80,14,191.00 against the defendant appellants towards compensation on the averments that they obtained loan from Bangladesh Shilpa Bank to set up an industry for manufacturing electric bulbs and they also obtaine......pellate Division (Civil) Present Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Janata Bank and others.....................Appellants Vs. National Electric Company Ltd…………….Respondent ....... Ed. This Case is also Reported in: IV ADC (2007) 764. ..Category: Business or Commercial Law | Date: | Hits: 75
State Vs. Md. Humayun Hafiz , 2006, 35 CLC (AD)
....nt Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 172; Abdul Wadud Vs. the State, (1995) 3 B...... Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. Cases Referred To- A. K. M. Azizul Islam and another Vs. State, 49 DLR (AD) 115; Government of Bangladesh vs. Shah Alam (1995) 3 BLT (AD) 172; Abdul Wadud Vs. the State, (1995) 3 BLT (AD) 326. ...... (Criminal) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J The State..........................Appellant Vs. Md. Humayun Hafiz ..........Respondent Judgment February 14, 2006. ......ly the appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 705. ..Category: Criminal Law | Date: | Hits: 48
Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)
....the said auction but the same was withdrawn; that after the death of the father, the defendant No. 4 got the suit land by way of inheritance and he has been possessing the same paying rents to the Government and that the suit filed by the plaintiff is false. 4. The learned Munsif (now Ass......he above, 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: IV ADC (2007) 680. ....... Joynul Abedin J Birendra Nath Mondal……………………………………………..Appellant Vs. Dhirendra Nath Mandal and others…………………...... Ed. This Case is also Reported in: IV ADC (2007) 680. ..Category: Property Law | Date: | Hits: 30
Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)
....raben Nessa and Lokman son of Giasduddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government, that there is passage over the suit plot No. 837 and the said path has divided the land......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. ......ision (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Siraj Mondal @ Md. Sirajuddin Mondal and another……………Appellants Vs. Mosammat Miraton Nessa and others…………………......ith 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 not genuine documents or that the same was not acted upon (c) the R.S. Khatian was prepared in the names of the defendants (d) the defendants paid rent to Abdul Gafur and subsequently to the Government Acquired Estate which show that the defendants have been possessing the suit land (e) if......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. ......llate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Abdus Samad Talukder and another……………… Appellants Vs. Sarkar Mahmud and others .......................Respondents Judgment Febru......ssed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ..Category: Property Law | Date: | Hits: 28
Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)
....is Case is also Reported in: IV ADC (2007) 664. ......7) 664. ...... Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, Represented by the Deputy Commissioner and others, Rangpur……………Petitioners Vs. Khariat Hossain and others.....................Respondents Judgment July 23...... The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 664. ..Category: Property Law | Date: | Hits: 27
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