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Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)

....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......y, 2009 passed by the High Court Division in Civil Revision No. 2480 of 2006) Judgment S K Sinha J.- Pre-emptee-purchaser moved this petition for leave to appeal from the judgment and order dated 25th January, 2009 of a Single Bench of the High Court Division in Civil Revision No. 24......cordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ...... Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J SK Sinha J Mohammad Mujibul Hoque ......Petitioner Vs. Shamsul Alam and others……..Respondents Judgment January 5..

Category: Property Law | Date: | Hits: 21

Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)

....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ...... 1 (In both the petitions). Not Represented-For the-Respondent Nos. 2-3 (In both the petitions). Civil Petition for Leave to Apple Nos. 83 and 129 of 2009. (From the judgment and order dated 04.11.2008 passed by the High Court Division in F.M.A. No.370 of 2007). Judgment ......th of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......223. ..

Category: Property Law | Date: | Hits: 20

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....ity. Accordingly Khapa Chand Bairagi per­formed the religious rites of the Deity residing right in the suit property. The S.A. Khatian was prepared in the name of the defendant-appellant and finally published; that the local people were not aware about the wrong recording of S.A. Khatian. So they c......the Appellants. Harendra Nath Nandi, Advocate, instructed by Syed Mahbubur Rahman, Advocate On-Record-For the Respondents. Civil Appeal No. 106 of 2006. (From the judgment and order dated 26.07.2004 passed by the High Court Division In F.A. No. 54 of 1999) Judgment ...... A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......sons of Khepa Chand Bairagi are trying to dispose of the suit property and as such on 03.05.1985 local religious minded people formed a committee to run the religious rites of the Deity; that in 1987 one Kebel Chandra Sarker, General Secretary of the Committee filed a petition before the Circle Offi..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......Not Represented- Respondent Nos.2-10 (In Civil Appeal Nos. 94-95 of 2005). Civil Petition for Leave to apple Nos.94 and 95 of 2005. (Civil Appeal No. 178 of 2002 arising out of the judgment and order dated 16.08.2000 in Civil Revision No. 1586 of 1998, Civil Appeal No.94 of 2005 arising out of......erms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ...... Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and others……………Respondents..

Category: Tenancy Law | Date: | Hits: 185

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

.... the banking institutions to exempt interest upto 75% of interest on the fulfillment of conditions laid down in the above circular and in the light of the above circular the appellant also, by notice published in the Daily 'Ittefaq' on 14.11.1991, offered exemption of interest on the terms of paymen......llant. Khondaker Mahbubuddin Ahmed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For the-Respondents. Civil Appeal Nos. 103-104 of 2004 (From the judgment and order dated 30.11.2002 passed by the High Court Division in Writ Petition Nos. 4986 & 4987 of 19......s in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......e respondent No. 1 which is a partnership firm, on 20.3.1974, obtained a loan of TK.37,00,000.00 from the appellant hypothecating the two cargo vessels pro­posed to be purchased with the above loan money and also upon equitable mortgage of the landed properties owned by the respon­dent No.2 but du..

Category: Banking Law | Date: | Hits: 98

Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......l Petition No.541 of 2009). Not represented- the Respondents (In Civil Petition No. 542 of 2009). Civil Petition for Leave to Appeal Nos. 540-542 of 2009. (From the judgment and order dated 26.01.2009 passed by the High Court Division in Writ Petition No. 12174 of 2006 analogou......ingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......2010) 197...

Category: Business or Commercial Law | Date: | Hits: 216

Dr. S. M. Eunus Ali, Free Friday Clinic Vs. Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another, 2009, 38 CLC (AD)

....sion committed no illegali­ty in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 194. ......ructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner Not represented- the Respondents. Civil Petition for Leave to Appeal No. 520 of 2009. (From the judgment and order dated 03.03.2009 passed by the High Court Division in Writ Petition No. 7366 of 2005.) ......missed. Ed. This Case is also Reported in: VII (ADC) (2010) 194. ......zlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Dr. S. M. Eunus Ali, Free Friday Clinic …………..Petitioner Vs. Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and anoth..

Category: Others | Date: | Hits: 84

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ....... Nazrul Islam Talukder, Advocate instructed by Firuzur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 467 of 2009. (From the judgment and order dated 04.12.2008 passed by the High Court Division in Writ Petition No. 9684 of 2008.) ......missed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......ision (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Anath Chandra Barman………………Petitioner Vs. Government of Bangladesh, repre­sented by the Secretary, Ministry of Land, B..

Category: Property Law | Date: | Hits: 26

Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

....ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ......vocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented-Respondent Nos. 3-6. Civil Petition for Leave to Appeal No. 504 of 2009 (From order dated 27.08.2008 passed by the High Court Division in Execution Case No.05 of 2004.) Ju......ngly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ...... Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General of Food, 16 Abdul Goni Road, Dhaka-1000………….Petitioner Vs. Al-Falah Shipping Lines Limited and others…………….Respondents ..

Category: Others | Date: | Hits: 356

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......ners. Mahrnudul Islam, Senior Advocate instruct­ed by Zainul Abedin, Advocate-on-Record-the Respondents. Civil Petition for Leave to Appeal No.438 of 2009 (From the judgment and order dated 27.01.2009 passed by the High Court Division in First Appeal No. 114 of 1996.) Ju......s petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Nazrul Islam and another…………..Petitioner Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh Gove..

Category: Property Law | Date: | Hits: 23

Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)

....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......tructed by Md. Altab Hossain, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.92 of 2009 (From the judgment and order dated 30.10.2008 passed by the High Court Division in Civil Revision No.3265 of 2007.) ......permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ...... (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Enam Hossain………………Petitioner Vs. Kayesh Miah and others…………………Respondents Judgment ..

Category: Trust/Waqf Law | Date: | Hits: 200

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Mahbubey Alam, Senior Advocate instruct­ed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 200 of 2009. (From the judgment and order dated 27.11.2008 passed by the High Court Division in Civil Revision No. 1863 of 2007.) ......petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Fazlul Haque……………………………....Petitioner Vs. Abdul Malek alias Maya Miah and another…….......Respondents Judgme..

Category: Property Law | Date: | Hits: 29

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....on the findings that earlier the defendant No.1 got a decree in Title Suit No.9 of 1998 declar­ing his title on the suit land. 3. The suit was filed challenging the wrong recording of the Khatian published in the name of Mosammat Daulat Bibi, Sukuri Bibi, Sonai Bibi and Rahela but the present pl......structed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent Nos. 1-3 Not represented-Respondent Nos.4-6. Civil Petition for Leave to Appeal No. 872 of 2008. (From the judgment and order dated 05.03.2008 passed by the High Court Division in Civil Petition No. 1760 of 2006.) Jud......Case is also Reported in: VII (ADC) (2010) 137. ...... Judgment here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahim J Kazi Ali Ahmed.............Petitioner Vs. Mohammad Nurunnabi and others…………..Respondent Judgment March 9, 2009. ..

Category: Property Law | Date: | Hits: 37

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......e-ul Huq, Senior Advocate (Dr. M. Zahir, Senior Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No. 62 of 2006. (From the judgment and order dated 15.03.2005 passed by the High Court Division in Writ Petition No.6818 of 2004.) Judgm...... of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......t Division in Writ Petition No.6818 of 2004 making the Rule absolute. 2. Respondent Nos.1 and 2 filed Writ Petition No.6818 of 2004 for a direction upon the writ respondents i.e. the present petitioners to grant license in favour of the writ petitioner No. 1 under Section 11 of the Narcotics Cont..

Category: Others | Date: | Hits: 144

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

.... against the judgment and order dated 22.08.2006 passed by the High Court Division in Writ Petition No.2172 of 2004 making the Rule absolute. 2. The facts, in short, are that the respon­dent No.2 published an advertisement on 01.09.2001 in the "Daily Ittefaq" for inviting tender for the purpose ......90 of 2007). Not represented-Respondent Nos. 2-6 (In Civil Appeal No. 290 of 2007). Civil Appeal No.175 of 2007 and Civil Petition for Leave to Appeal No. 290 of 2007. (From the judgment and order dated 22.08.2006 passed by a Division Bench of the High Court Division in Writ Petition No. 21...... The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ......am J Md. Abdul Matin J Md. Abdul Aziz J Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Bhaban, Dhaka and others……..Appellants (In Civil Appeal No.175 of 2007) Mahmudul Huq......Petitioner (In Civil Appeal No. 290 of 2007) Vs. Mostafa Kamal and others.....Respondents (In both c..

Category: Limitation Law | Date: | Hits: 154

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......our Court and another this Division. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellants. Respondents-Ex-parte. Civil Appeal No. 110 of 2002. (From the judgment and order dated 20.04.2000 passed by the High Court Division in Writ Petition No.6150 of 1997.) Judgm......he Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......Bangladesh Water Development Board did not pass any order upon that applica­tion. So the respondent No. 2, after serving a grievance notice demanding justice by registered post, which also the petitioner refused to accept, filed the complaint case. 3. The present petitioner Bangladesh water Deve..

Category: Labour and Industrial Law | Date: | Hits: 110

Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)

....tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......nstructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 5, 6, 8-10. Not rep­resented-Respondent Nos.1-4, 7, 11-146. Civil Appeal No. 274 of 2001. (From the judgment and order dated 20.01.1997 passed by the High Court Division summarily rejecting revisional application ......his appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......ecessors along with pro forma defendant No.41. The plaintiffs obtained certified copy of the settlement record and came to know about the said wrong record for the first time on 11.05.1985. In fact, none of the principal defendants or their predecessor had or has any title to or possession in the 2n..

Category: Property Law | Date: | Hits: 33

Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)

.... No.3 had been in possession of the house but in the meantime the property was enlisted in the 'Kha' list of the aban­doned property in Gazette date 22.09.1986 in  Bangladesh Gazette Extra-ordinary published under abandoned building (Supplementary  Provision)  Ordinance, 1985. 5. Being aggrie......eputy Attorney General instructed by Habibur Rahman Miah, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented-Respondent No.3. Civil Appeal No. 188 of 2003. (From the judgment and order dated 22.05.2002 passed by the High Court Division in Writ Petition No.265 of 1997.) Judgme......s to cost. Ed. This Case is also Reported in: VI ADC (2010) 76. ......to Syed Nazir Ahmed, son of late Syed Wasi Ahmed on 07.08.1953 as a refugee for his rehabilita­tion by an Indenture of Agreement con­cluded between the then Government of erstwhile East Pakistan on one part and aforesaid original allottee on the other part, vide Annexure 'A'. The aforesaid deed of..

Category: Property Law | Date: | Hits: 37

Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)

....owed.  The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......Advocate instructed by Firoz Shah, Advocate-on-Record-For Respondent Nos.1, 4-5. Not repre­sented- Respondent Nos. 2-3, 6-7. Civil Appeal No. 243 of 2003. (From the judgment and order dated 27.03.2002 passed by the High Court Division in Civil Revision No.4059 of 1999.) ......urt are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ...... donor Munshi Imamuddin Dewan in favour of his daughter, the defendant, is false, fraudulent and not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that the property mentioned in Schedule 'A' of the plaint belonged to Md. Sadeq which he acquired by purchase by his own ea..

Category: Property Law | Date: | Hits: 33

Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)

....to the Ministry of Works for restoration of possession of the house in her favour by evicting the unauthorized persons but to no effect. The house was included in the 'ka' list of abandoned buildings published by the Government on 23.09.1986. The respondent then filed an application before the Court...... the Appellant. Abdul Wadud Bhuiyan, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Appeal No. 355 of 2002. (From the judgment and order dated 21.11.2001 passed by the High Court Division in Writ petition No.7112 of 1997.) J......l is allowed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 69. ......k shelter in her husband's house in the same locality, keeping the house in the custody of her next-door neighbour, Istafa Hossain. But the latter somehow managed to get the house declared as an abandoned property. The Government without serv­ing any notice and without complying with the provisions..

Category: Property Law | Date: | Hits: 31