Judicial Dictionary
Title | Appoint Mutwalli |
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Details |
The High Court Division also failed to consider the age old legal principle that fraud vitiates everything. The High Court Division also failed to consider that in view of the provisions of section 17 of the Code, the District Judge, Nawabgonj had the jurisdiction to hear the appeal under section 43 of the Ordinance though some of the properties Waqf Estate were situated in District-Rajshahi. In view of the above, the impugned judgment and order cannot be maintained and must be set aside. The impugned judgment and order is set aside and those of the District Judge are restored. The Administrator of Waqfs is directed to appoint Mutwalli in respect of the Waqf Estate in question as expeditiously as possible, not beyond 3 (three) months from the date of receipt of this judgment, keeping in view the terms of the Waqf deed and the provisions of law notifying the concerned parties and hearing them. .....Rabiullah (Md) =VS= Md Mostafizur Rahman, (Civil), 2018 (2) [5 LM (AD) 73] ....View Full Judgment |