Judgment : High Court Division Full List
 
Case Type
Case/Tender Number
Year
Parties
Short Description
 

Case Number Parties Short Description
1
Abdul Aziz -Versus- The State
2
Md. Moktarul Islam alias Md. Moktarul Is: -Versus- The State
3
Abul Hossain and others -Versus- The State
4
Haroon or Rashid -Versus- The State
5
Md. Abdul Karim -Versus- The State
6
Mamunur Rashid @ Abdullah Al Mamun -Versus- The State and another
7
Md. Kabil Hossain Kazi -Versus- The State and another
8
Md. Jashijul Hoque -Versus- The State and another
9
Md. Rofiqul Islam -Versus- The State and another
10
Md. Abdul Latif being dead his legal heirs 1(a) Saleha Begum and others Vs. The Government and others
Absolute
11
Shahera Begum and others Vs. Md. Sekander Hayat alias Abdul Jalil Miah and others
Dismissed
12
Taslimuddin Ahmed being dead his heirs:- Ferdous Ahmed and others Vs. Md. Habibullah, Manager, Dhaka Nowab Estate, Court of Wards and another
Dismissed
13
Kutubuddin Miah Vs. Surjiban Chandra Sirker and others
Dismissed
14
Mahfuzur Rahman Vs. Government of Bangladesh and others
Dismissed
15
Shamsun Nahar and others Vs. Eastern Housing Ltd. and others
Dismissed
16
Begum Roqaiya Hossain and others Vs. Ummul Fateh (Khuku Moni) and others
Dismissed
17
Airtel Bangladesh Limited -Versus- Customs, Excise and VAT Appellate Tribunal, Dhaka and another
Appeal dismissed
18
Fanindra Chandra Roy and others Vs. Sree Bhabesh Chandra Roy and others
Dismissed
19
S. Alam Vegetable Oil Limited -Versus- The Commissioner, Customs, Excise
Rules are dicharged
20
Buildtrade Engineering -Versus- Customs, Excise and VAT Appellate Tribunal and others
Absolute-in-part
21
Sartaaj Steel Mills Limited and others -Versus- Artha Rin Adalat No. 2, Dhaka and others
Rule Absolute
22
M/s. Integral Electric Company -Versus- Bangladesh Bank and others
Rule Discharged
23
Md. Nur Islam and others ...Appellants. -Versus- Bodu Mia and others ....Respondents.
Article 95 of the First Schedule of the Limitation Act stipulates the period of limitation of filing a suit to set aside a decree obtained by fraud or for other relief on the ground of fraud and said period is three years which begins to run when the fraud become known to the party wronged. This suit comes under section 39 of the Specific Relief Act. An ex-parte decree can be set aside by filing application under Order IX rule 13 of the Code of Civil Procedure and the limitation for filing such application is 30 days from the date of ex-parte decree or where the summons has not been duly served, 30 days from the date when the defendants came to know about the ex-parte decree.

Moreover, section 10 of the Code enacts a rule of procedure pure and simple and as such a decree passed in contrary to section 10 is not a nullity and cannot be disregarded in another suit as per decision of the case of Jamani Kanta Roy Chowdhury and ors. vs. Aswini Kumar Haldar and ors. reported in 12 DLR 755.
24
Sree Dipok Ranhjan Kar .....Appellant. -Versus- Sree Babul Ranjan Kar ......Respondent.
Thus, after considering the question from different angles, we are of the view that the contentions proceeding for grant or refusal of probate or letters of administration is not a suit in substance and the order in the said proceeding is not a decree, as it does not fulfil the ingredients of decree as defined under the Code. There is no requirement in law that an order in a contentious proceeding should be followed by a decree. In that view of the matter, a decree is not required in law, to be filed along with the memorandum of appeal under section 299 of the Succession Act and as such, this appeal cannot be held to be incompetent due to non-filing of a copy of a decree along with the memorandum of appeal.

The provisions of sections 19-C, 19-H and 19-I of the Court Fees Act, 1870 clearly suggest that the court-fees according to the valuation fixed under section 19-H of the Act will be payable at a stage if and when an order entitling the grant of probate or letters of administration would be made and not any previous stage.


The provisions of sections 19-C, 19-H and 19-I of the Court Fees Act, 1870 clearly suggest that the court-fees according to the valuation fixed under section 19-H of the Act will be payable at a stage if and when an order entitling the grant of probate or letters of administration would be made and not any previous stage.



Above citations clearly suggest that if the evidence adduced is not succeeded in removing the legitimate doubt as to the mental capacity of the testator; if the dispositions made in the will appears to be unnatural, improbable or unfair in the light of the relevant circumstances, or, if the will otherwise indicate that the said dispositions is not the result of the testator`s free will and mind, such legitimate suspicions should be completely removed before the document is accepted as the last will of the testator. Moreover, even if the caveator does not raise the question of testamentary capacity i.e the testator had full sense, he was in sound mind and he understood the nature and effect of his action in putting his signature or placing his mark on the document, yet the propounder is not exonerated from the incumbent duty to prove that the testator had sound and disposing mind and that he fully understood the nature and effect of his action in executing the will. Moreover, all legitimate suspicions should be completely removed before the document is accepted as the last will of the testator.
25
Md. Ahsanul Haque vs. The state and another
Discharged
26
Md. Ahsanul Haque vs. The state and another
Discharged
27
Md. Ahsanul Haque vs. The state and another
Discharged
28
Md. Ahsanul Haque vs. The state and another
Discharged
29
Md. Ahsanul Haque vs. The state and another
Discharged
30
Md. Ahsanul Haque vs. The state and another
Discharged
31
Md. Ahsanul Haque vs. The state and another
Discharged
32
Md. Abdul Awal-Vs-The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Industry and others
Disposed of
33
Sylhet Gas Fields Limited, represented by its Managing Director, Md. Mijanur Rahman-Vs-The Chairman, Labour Appellate Tribunal, Dhaka and others
Discharged
34
Md. Aminul Islam-Vs-Bangladesh, represented by the Secretary, Ministry of Finance and others
Discharged
35
Mohammad Alam and others-Vs-The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Education and others
Absolute
36
A.B.M. Ziaul Karim-Vs-VERSUSGovernment of Bangladesh, represented by the Senior Secretary, Public Administration Division, Ministry of Home Affairs and others
Absolute
37
Mohammad Joynal Abedin and others vs Marcantile Bank Ltd. Banani Branch and others
38
Mohammad Azim Uddin and others vs The Government of Bangladesh, represented by its Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariate, Ramna, Dhaka-1000 and others
39
Ismail Anzuman Ara Fabrics Limited -virsus- National Board of Revenue and others
Absolute
40
Apex Foods Limited -Virsus- Government of Bangladesh and others
Rule discharged.
41
Sonargaon Textile Manufacturing Corporation -Versus- The Artha Rin Adalat No. 2, Dhaka and others
The Rule is discharged
42
Idris Ali ... Preemptee-Petitioner -Versus- Md. Abdul Kalam Azad being dead his heirs 1. (a) Mst. Hasina Khatun and others ... Preemptor-Opposite Parties
Absolute
43
Minhaj Ali @ Minu and others ... Plaintiff-Petitioners -Versus- Marfat Ali and another ... Defendant-Opposite Parties
Discharged with cost
44
Muhammad Afsar …... Plaintiff-Petitioner -Versus- Government of Bangladesh and others …... Defendant-Opposite Parties
Discharged
45
Md. Nasir Uddin Akon-Vs-The Government of the People’s Republic of Bangladesh, represented by the Secretary, Ministry of Power, Energy and Mineral Resources and others
Absolute
46
Toyeb Ali and others Vs. Rokeya Begum and others
47
Masud Mia Molla Vs. Iman Hossain Mollah and others
48
Mohammad Hossen Vs Kazi Md. Abu Omar and others
49
Amina Khatun being dead his heirs petitioners 2-6 on record and others Vs. Iman Ali and othrs
50
Md. Abdul Kuddus Morol and others Vs. Abdul Goni Hawlader being dead his heirs:1(a) Setara Begum and others
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