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Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)
....at the petitioners as plaintiffs instituted a Title Suit No.114 of 1998 on 04.11.1998 before the learned Senior Assistant Judge, Laksam for a decree of declaration of title in respect of 2nd schedule land for an area of 19 decimals appertaining to plot No.1350 settlement khatian No.123 under Baishga......tition is dismissed. Ed. This Case is also Reported in: ......n Title Appeal No.114 of 2001 reversing the judgment and decree dated 15.07.2001 passed by the learned Senior Assistant Judge, Laksam in Title Suit No.114 of 1998. 2. The fact, in short, are that the petitioners as plaintiffs instituted a Title Suit No.114 of 1998 on 04.11.1998 before the le...... others...........Petitioners Vs. Moslem Miah being dead his heirs:- Amena Begum and others............Respondents Judgment July 26, 2009. Lawyers Involved: Abdul Wadud Bhuiya, Senior Advocate instructed by Mr. Md. Nawab Ali, Advocate-on-Record- For the Petitioners. Tubarak Hos..Category: Property Law | Date: | Hits: 26
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......lso Reported in: ......hah Alam Chowdhury and others............Respondents Order January 13, 2007. Lawyers Involved: Mansur Habib, Advocate(Mr. Khurshed Alam Khan, Advocate with him) instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Musfiqur Rahman Khan, Advocate-on-Record- For Resp...... Division (Civil) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M M Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti Corruption Commission represented by its Charmin, Head Office, 1 Segunbagicha, Dhaka……….....Pet..Category: Anti-Corruption Laws | Date: | Hits: 159
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....tizens take precedence above everything and cannot be sacrificed even for the industries. b) Once relocated, those tannery industries shall function only on setting up and operating ETPs, sanitary land fill and other appropriate pollution mitigation devices. iii) Meticulous compliance of the p......e J Md. Mamtaz Uddin Ahmed J Dr. Mohiuddin Farooque...Petitioner Vs. Government of Bangladesh and others... Respondents. Order June 23, 2001. Lawyers Involved: Syeda Rezwana Hasan with M. Iqbal Kabir, Advocates-For the Petitioner Mustafa Zaman Islam, Deputy Attorney Gener...... Rule was issued on 6.6.1994 in respect of pollution in Bangladesh. The Rule was made absolute by the judgment and order dated 15.5.2001. 2. Although it was directed in the above quoted judgment that the Director General, Directorate of Environment, the respondent no. 4, would ensure that the in....... Mohiuddin Farooque...Petitioner Vs. Government of Bangladesh and others... Respondents. Order June 23, 2001. Lawyers Involved: Syeda Rezwana Hasan with M. Iqbal Kabir, Advocates-For the Petitioner Mustafa Zaman Islam, Deputy Attorney General-For the respondents. Writ Petit..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....un Valley in India is surrounded in one side by the Himalayan range and the Ganges and Yamuna rivers in the other, has been an exquisite region but because of uncontrolled quarrying of limestone, its landscape lost its former beauty. In this case a letter received from the Rural Litigation and Entit......Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Mohiuddin Farooque, Secretary General, Bangladesh Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petit...... Board. Besides, there was an implementation cell, headed by a Director, for the purpose of implementation of the policies of the Board and the projects, approved by the Government. 6. It appears that in due course, a survey was conducted by the Department of Environment, Pollution Control. They ......) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Mohiuddin Farooque, Secretary General, Bangladesh Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs..Category: Environmental Law | Date: | Hits: 345
....n 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of Senior Assistant Judge, Gazipur against defendants for declaration of title and recovery of khas possession in suit land.
3. In suit, on 20-09-2007 one Md. Shafiul Alam and five others sought to be impleaded as d...... Md. Ziaul Karim J
Md. Shafiul Alam and others …… Petitioners.
Vs.
Ajamat Ullah being dead his heirs Sabjan Bibi and others.……Opposite parties.
Judgment
February 23, 2010.
Cases Referred to-
Akram Hossain (Md.) Vs. Sahera Khatun and others, 57 DLR 317; Abdul Mannan (Md.......… Petitioners.
Vs.
Ajamat Ullah being dead his heirs Sabjan Bibi and others.……Opposite parties.
Judgment
February 23, 2010.
Cases Referred to-
Akram Hossain (Md.) Vs. Sahera Khatun and others, 57 DLR 317; Abdul Mannan (Md.) Vs. Swaraj Roy and others 54 DLR 352; Jamaluddin Vs...... DLR 317; Abdul Mannan (Md.) Vs. Swaraj Roy and others 54 DLR 352; Jamaluddin Vs. Rabeya Begum 32 DLR 63; Nurul Islam and others Vs. Jamila Khatun and others 53 DLR(AD) 45; Messrs City Ice and Cold Storage Ltd. Vs. Nitai Chand Saha and others 3 BCR (AD) 221.
Lawyers Involved:
Md. Iqbal Hossain..
Category: Property Law | Date: | Hits: 27
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
....The case of the writ petitioner in Writ Petition No. 2051 of 2001 is that he is in posÂsession of Plot Nos. 353 and 364 measuring .36 acre and .15 acre respectively of Mouza Kawtali J.L No. 272. The lands were requisiÂtioned in L.A. Case No.11/1958-1959 along with other lands. The Deputy Commissio......In Civil Petition No.439 of 2006) Judgment October 3, 2007. Lawyers Involved: Syed Amirul Islam, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. (In both the cases) Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. (In both the cases) Civil P......the Rules. 2. Both the petitions are disposed of by this judgment as the same involve common questions of law and facts. 3. The case of the writ petitioner in Writ Petition No. 2051 of 2001 is that he is in posÂsession of Plot Nos. 353 and 364 measuring .36 acre and .15 acre respectively of M......cer & others.........Respondents (In Civil Petition No.439 of 2006) Judgment October 3, 2007. Lawyers Involved: Syed Amirul Islam, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. (In both the cases) Syed Mahbubur Rahman, Advocate-on-Record-For the Resp..Category: Property Law | Date: | Hits: 23
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
.... Court of Subordinate Judge, Chittagong disallowing pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. 2. The Case of the pre-emptee petitioner, in short, is that the Case land belonged to Arifur Rahman, A. Barik and A. Khaleque and their names were duly recorded in the f...... Captain (Md) Lutfar Rahman……………………Appellant Vs. Md. Abu Taher and others………………….Respondents Judgment October 31, 2000. Cases Referred To- Abul Hossain and other Vs. Md. Masim Ali and others, 19 DLR 677; Md. Sukur ......ed by the 2nd Court of Subordinate Judge, Chittagong disallowing pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. 2. The Case of the pre-emptee petitioner, in short, is that the Case land belonged to Arifur Rahman, A. Barik and A. Khaleque and their names were duly reco......t October 31, 2000. Cases Referred To- Abul Hossain and other Vs. Md. Masim Ali and others, 19 DLR 677; Md. Sukur Ali Vs. Suresh Chandra Barmon and others, 4 BLD (AD) 219; Khorshed Ali and another Vs. Aftauddin and others, 47 DLR 607 & Shafi Khan Vs. Mannujan Hossain an..Category: Property Law | Date: | Hits: 22
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....t on the following points: (i) to ascertain the western boundary line of CS Plot No.110 of Mouza Tejkunipara and eastern boundary line of CS Plot No.935 of the same Mouza. (ii) to show the suit land on the western part of CS Plot No.110 as shown by letters ABC and done the hand sketch with sch......orted in: 53 DLR (2001) 190. ......ing an application under Order 26 rule 9 of the Code of Civil Procedure. 2. The decision proposed to be given in this Civil Revision Petition does not demand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Tit.......................... Petitioner Vs. Motasim Ali Chowdhury………………….Opposite Party Judgment April 20, 2000. Lawyers Involved: Md. Waliur Reza Chowdhury, Advocate—For the Petitioner. Md. Hannan with Md. Mainul Islam and AB Showkat Ali, Advocates—For the Oppos..Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....urt was pleased to dispose of the matter in terms of the condition contained in the compromise petition. It is asserted that defendants-opposite party Nos. 3-5 took Taka 2,00,000.00 to sell some more land after the said compromise. It is stated that no ground had been assigned in the petition for va......xing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......are as follows: Petitioner of the four Civil Revision Petitions Abul Kashem as plaintiff laid a suit being Title Suit No. 361 of 1993 in the First Court of Assistant Judge, Dhaka, for declaration that the Mutation Case No. 99 of 1987-88 filed by the defendant No.1 in the office of defendant No.2 ......e Engineer & others……………Opposite Parties Judgment January 26, 2000. Lawyers Involved: Syed Ziaul Karim, with Md Salauddin Talukder and Syeda Maimuna Begum, Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for the Opposite Parties. Civil Revisio..Category: Property Law | Date: | Hits: 21
....costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183.......oner and Chairman, District Fisheries Tender Committees & others……………….Petitioners
Vs.
Md. Aswab Ali and others….………Opposite Parties
Judgment
August 1, 2000.
Cases Referred To-
Province of East Pakistan Vs. Meajan Ali Ahmed and 15 others, 18 DLR (SC) 343; ...... condonation of delay of 1038 days and thus, dismissing the appeal.
2. The decision proposed to be recorded in this Civil Revision petition does not call for a detailed recounting of facts except that opposite party Nos. 1 to 12 of this Civil Revision petition as plaintiffs laid a suit being Titl......nd another Vs. Yakub Ali 46 DLR (AD) 13 and Additional Deputy Commissioner (Revenue) Vs. Md Khairullah and another 49 DLR 472.
Lawyers Involved:
Dr. AKM Ali with AB Showkat Ali, Advocates — For the Opposite Parties.
Bhivash Chandra Biswas, Assistant Attorney-General with Nirmalendu Deb, ..
Category: Limitation Law | Date: | Hits: 152
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....for fresh hearing having regard to the observations made by the High Court Division. 2. The plaintiffs' case, in short, is that Ahammad Ali and Torab Ali were the original owners of 90 decimals of land in Khatian No.59, which was auction-purchased by Zamindar Babu Sotish Charan Laha, from whom Ay......d. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Mir Hossain @ Amir Hossain and Others……….Plaintiff (In both the cases) Vs. Alifa Khatun and Others………………..Defendant (In Civil Petition No. 1265 of ......Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Mir Hossain @ Amir Hossain and Others……….Plaintiff (In both the cases) Vs. Alifa Khatun and Others………………..Defendant (In Civil Petition No. 1265 of 2009) Nurer Nabi and......dus Salam 40 DLR (AD) 193; Abdur Rashid and another Vs. Abdul Barik and another, 94 BLD (AD) page 83. Lawyers Involved: Nikhilesh Datta, Advocate, instructed by Toufique Hossain, Advocate-on-Record-For the Petitioners (In both cases). Mahmud Islam, Senior Advocate, J.N. Deb, Advocate with h..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....and against the defendants declaring that notice dated 2-3-2008 issued under the signaÂture of defendant No. 6 treating the plaintiff as an "unauthorized occupant" directing him to vacate a piece of land measuring 2.083 kathas of the suit land is illegal, null and void and not binding upon the plai......accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......09 passed by the High Court Division in First Miscellaneous Appeal No. 401 of 2008 with Civil Rule No. 675 (FM) of 2008 dismissing the appeal and discharging the Rule. 2. The facts, in short, are that the petitioner as plaintiff instituted Title Suit No.1605 of 2008 in the Court of the learned Di......Das J ABM Khairul Haque J MM Hossain J SK Sinha J Dr. SKM Joynal Abedin…................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others………….Respondents Judgment February 9, 2010. Lawyers Involved: M..Category: Property Law | Date: | Hits: 44
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....ppeal No.61 of 1996 and those dated 23rd day of July, 1998 passed by the Assistant Judge, Joypurhat in Other Class Suit No. 23of 1997. 2. The facts involved in the case, in short, are that the land recorded in C.S. Khatian No.2 originally belonged to Penendu Narayan Roy Dev Barmon and his nam...... with the leave of the Court) Not represented- the Respondents. Civil Petition for Leave to Appeal No.28 of 2009. (From the Judgment and order dated the 29th day of July, 2008 passed by the High Court Division in Civil Revision No.2447 of 2000). Judgment Mohamm......y of July, 2008 passed by the High Court Division in Civil Revision No.2447 of 2000 discharging the Rule and affirming those dated 24.03.1999 passed by the Subordinate Judge, 1st Court of Zilla Joypurhat, in Other Class Appeal No.61 of 1996 and those dated 23rd day of July, 1998 passed by the Assist...... another..............................Respondents Judgment January 7, 2010. Lawyers Involved: Md. Mozammel Haque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. (Appeared with the leave of the Court) Not represented- the Respon..Category: Property Law | Date: | Hits: 28
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....e principles of doctrine of necessity and whether the High Court Division was correct in its view that no co-sharer should be restrained by an order of injunction from making construction on the suit lands in a partition suit. 2. Appellant instituted Title Suit No.1 of 1996 against the respondent......iz J Surendra Kumar Sinha J Md. Azizur Rahman Chowdhury.......................Petitioner Vs. Tauhiduddin Chowdhury and others ..............Respondents Judgment August 18, 2009. Cases Referred To- Babul Kanti Das and others Vs. Abul Hashem and others, 47 DLR (AD) 14 BLD (AD) ......fied in interfering with the order of mandatory injunction passed by the Courts below relying upon the principles of doctrine of necessity and whether the High Court Division was correct in its view that no co-sharer should be restrained by an order of injunction from making construction on the suit......ed To- Babul Kanti Das and others Vs. Abul Hashem and others, 47 DLR (AD) 14 BLD (AD) 242; Abdul Jalil Munshi Vs. Abu Bakar Siddique, 35 DLR (AD) 42. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Dr. Rafi..Category: Property Law | Date: | Hits: 84
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
....11 of 1988 in the Court of the Assistant Judge, Keraniganj, Dhaka impleading the petitioners as pre-emptees and opposite party Nos. 3-14 as other opposite parties, praying for pre-emption of the Case land under section 24 of the Non-Agricultural Tenancy Act alleging, inter alia, that the Case land a......acated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......llaneous Appeal No. 100 of 1990 affirming the judgment and order dated 28-3-1990 passed by the Assistant Judge, Keraniganj, Dhaka in Miscellaneous Case No. 11 of 1988. 2. The facts, in short, are that the opposite party Nos. 1 and 2 being the pre-emptors filed Miscellaneous (Pre-emption) Case No....... Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..Category: Property Law | Date: | Hits: 31
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......ed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......de and sentencing him to suffer imprisonment for life and to pay a fine of Taka 3000 in default to suffer rigorous imprisonment for a further period of 6 months. 2. Prosecution Case, in short, is that Md. Abdul Jalil PW 1, father of the victim girl lodged an first information report with Chatail ...... MM Ruhul Amin J Md. Joynul Abedin J Hasmat Ali……………Appellant Vs. State…… Respondent Judgment January 23, 2001. Cases Referred To- Md. Tajul Islam Khokan & ors Vs. State, 6 BLT 79; Safar Ali and others Vs. State, 1983 BLD 325; State Vs. Mofazzal Hossain, 1..Category: Criminal Law | Date: | Hits: 27
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....t No. 49/86 in the Court of the Assistant Judge, Muradnagar, impleading the opposite party Nos. 1-7 as the defendants. He filed the suit for a declaration of his title to and possession over the suit land. The defendant opposite party Nos. 1-7 contested the suit by filing a written stat the suit was......Ed. This Case is also Reported in: 53 DLR (2001) 114. ......a (1899) 22 Mad 155; Hukum Chand Boid Vs. Kamalanand Singh (ILR Vol 33 927); Fazal Ellahi Vs. Crown 5 DLR (FC) 44 = PLD 1958 (FC) 35; Naba Vs. Emperor (1911 LC 577); Panchan Banerji Vs. Upendra Nath Bhattacharjee AIR 1927 Allahabad 193; Pak Flotilla Co. Ltd Vs. Abdus Salam & others, 14 DLR 23, W......Ali and others …………………Opposite Parties Judgment June 13, 2000. Cases Referred To- Punjab Ali Pramanik and others Vs. Mohd Mokarram Hossain, 29 DLR (SC) 185; Foroze Khan Noon Vs. State 1958 PLD (SC) 333; Fazal Illahi Vs. Crown (1953 PLD FC 35); State of Assam..Category: Civil Law | Date: | Hits: 80
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....holding of the said auction in the name of alleged ‘Kawran Bazar Byabsyee Bahumukhi Samabaya Samity’ of sixty members as the plaintiff. Some of these persons purchased separately a little area of lands within KCA during the period from 1985 to 1987 from either the persons, who were the owners at......que, Deputy Attorney-General with Abdur Rouf, Assistant Attorney-General; Abul Hossain Azadi, Assistant Attorney-General and Golam Asheque Rupak, Assistant Attorney-General—For the State (In all Cases). Criminal Appeal Nos.1101, 1034, 1133, 1165, 1131, 1132 and 1134 of 1993. Judgment ......since acquitted were placed on trial before the Second Court of Additional Session Judge and Court of Special Judge, Dhaka in Special Case No.11 of 1992. 2. The charge against the accused No.1 is that he abused his position as President of Bangladesh and obtained pecuniary advantage for his wife ......……………Appellant Vs. State and others…………………..Respondents Judgment August 24, 2000. Lawyers Involved: Khandker Mahbub Hossain with Afzal Hossain, Advocates—For the Appellant (In Criminal Appeal No. 1132 of 1993). Nitai Roy Chowdhury, Advocate—For the A..Category: Property Law | Date: | Hits: 33
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....months respectively while acquitting the remaining accused persons. 2. Short facts relevant for the purpose of the Case are that the accused persons dishonestly cut and took away from the Case land paddy grown by the complainant and thereby caused him a loss of Taka 10,000.00. 3. Upon ......y. Ed. This Case is also Reported in: 53 DLR (2001) 99. ...... and sentencing them thereunder to suffer RI for two months and six months respectively while acquitting the remaining accused persons. 2. Short facts relevant for the purpose of the Case are that the accused persons dishonestly cut and took away from the Case land paddy grown by the complain...... Yasin Mollah and another…….Petitioners Vs. State……..Opposite Party Judgment August 9, 2000. Lawyers Involved: Khondaker Gulzar Hossain, Advocate—For the Petitioner. FKM Ahsan Mahbub, Assistant Attorney- General—For the State. Crim..Category: Criminal Law | Date: | Hits: 60
Ali Azam, Advocate Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)
....expenses the Assistant Commissioner of Taxes did not at all take into consideration the fact that the applicant lives in his own house with a single servant and enjoys paddy grown in his agricultural land and spends a small amount for daily necessaries of life. The learned Advocate also submits that......he Respondent. Income Tax Reference Application No. 47 of 1992. Judgment Syed Amirul Islam J.- This reference application at the instance of the Assessee appellant arises out of assessment made by the Assistant Commissioner of Taxes, Noakhali, Circle-1, Noakhali, for the assess......ns: (i) Whether the Assistant Commission of Taxes, Appellate Joint Commissioner of Taxes and Taxes Appellate Tribunal were justified in estimating professional income without giving any basis whatsoever. (ii) Whether the Assistant Commissioner of Taxes has been justified in imposing in......€¦â€¦â€¦â€¦â€¦Applicant Vs. Commissioner of Taxes……………Respondent Judgment August 17, 1999. Lawyers Involved: AFM Firojuddin Bhuiyan, Advocate — For the Applicant. Not represented- the Respondent. Income Tax Reference Application No..Category: Fiscal/Taxation Law | Date: | Hits: 67
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