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Kali Mohan Das Vs. Mossammat Firoza Begum and others, 2012, 41 CLC (AD)

....or pre-emption. 2. The facts, leading to the filing of this petition, in brief, are that the petitioner herein as the pre-emptor filed an applica­tion for pre-emption under section 96 of the State Acquisition and Tenancy Act before the learned Senior Assistant Judge, Companygonj, Noakhali s......mar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Kali Mohan Das...........................................Petitioner Vs. Mossammat Firoza Begum and others ............Respondents Order May 10, 2012. ......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ......l of the appeal. The appeal will be heard along with the appeal arose out of the Civil Petition No.293 of 2010. Ed. This Case is also Reported in: 9 ADC (2012) 873; 9 ADC (2012) 862. ..

Category: Property Law | Date: 10 May, 2012 | Hits: 7

Abdun Noor and others Vs. Aziruddin and others, 2012, 41 CLC (AD)

....ed in part and the suit is decreed in part. Cases Referred to- Bahadur Ali Sk. Vs. Azgar Ali Munshi, 20 DLR 74; Abdus Sattar Vs. Lalon Mazar Sharif and Seba Sadan Committee 56 DLR (AD) 180; State of UP Vs. Smt. Ram Sri, AIR 1976 Allahabad 121. Lawyers Involved: Mahbubey Alam, Sen......vision (Civil) Present: MA Wahhab Mian J Syed Mahmud Hossain J Md. Imman AM J Md. Shamsul Huda J Abdun Noor and others............................Appellants Vs. Aziruddin and others.................................Respondents Judgment May 8, ......pondents Judgment May 8, 2012. Result: The appeal is allowed in part and the suit is decreed in part. Cases Referred to- Bahadur Ali Sk. Vs. Azgar Ali Munshi, 20 DLR 74; Abdus Sattar Vs. Lalon Mazar Sharif and Seba Sadan Committee 56 DLR (AD) 180; State of UP Vs. Smt. R......he appeal is allowed in part and the suit is decreed in respect of 1.11 acres of land in SS plot No. 3433 out of the suit land. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 127. ..

Category: Property Law | Date: 8 May, 2012 | Hits: 112

Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)

....ned Advocate refer to certain exhibits which according to him prove payment of rent are:— i) Debit Vouchers dated 30-11-1999 & 30-11-2001 signed by both parties Exhibit Ga and Gha, ii) Statement of Accounts dated 24-10-2001 signed by both parties Exhibit Uma, Lease Agreement dated 1-1......h Court Division (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J   Krishna Debnath J Dr. Moos Bin Shamsher.....................Defendant-Appellant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7...... Vs. Md. Hossain, 31 DLR (AD) 155; Nur Begum Vs. Dr. Yusuf Ahmed, 50 DLR (AD) 210; Abdul Aziz Vs. Abdul Majid 46 DLR (AD) 121; Kalu Mondal Vs. Begum Fazilatun Nessa, 46 DLR (AD) 53; Shar Banu Vs. Md. Abdus Sobhan, 2 MLR 253; Zaher Ahmed Vs. Manik Sardar, 53 DLR (AD) 63; Bashir Ahmed Vs. Ayub Ali Mol...... 2009 is accordingly discharged. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 99.     ..

Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7

Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)

....3 All KR 935 at 949; Mati Ram Deka Vs. NEF Railways, AIR 1964 S.C.600; Chief Justice of A.P. Vs. LVA Dixitulu, AIR 1979 S.C, 193; Russell Vs. Duke of Norfolk (1949 1 All E R 109) ; Uma Nam Pandey Vs. State of U.P., AIR 2009 SC 2375; Rajendra Singh Vs. State of M.P. (1996) 5 SCC 460; M.C. Mehta Vs. U......li J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Bangladesh, repre­sented by the Secretary, Bank and Financial Institutions Division, Mi......ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ......ve observations. The parties would bear their respec­tive costs. Ed. This Case is also Reported in:  VIII ADC (2011) 834, 17 MLR (AD) (2012) 121, 64 DLR (AD) (2012) 152 ..

Category: Banking Law | Date: 5 May, 2012 | Hits: 220

Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)

....ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ...... Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam....................................Respondent Judgment April 29,......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ......ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97.  ..

Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12

State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)

.... (Criminal) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The State..............................................Petitioner Vs. Md. Kamal Hossain alias ......ul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The State..............................................Petitioner Vs. Md. Kamal Hossain alias Md. Kamal Pramanik........Respondent Order April 29, 201......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ......essions Judge, Natore) within 2(two) weeks from the date of receipt of this order and then to enlarge him on bail to his satisfaction. Ed. This Case is also Reported in: 9 ADC (2012) 709. ..

Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27

Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)

....rt Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J SM Zakir Hossain J Sarwar Kamal…………………………………….Petitioner Vs. State………………………………………...........Opposite Parties Judgment Apr...... High Court Division (Criminal Revisional Jurisdiction) Present: M Enayetur Rahim J SM Zakir Hossain J Sarwar Kamal…………………………………….Petitioner Vs. State………………………………………...........Opposite Parties Judgment......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ......stry of Home Affairs and Secretary Ministry of Law Justice and Parliamen­tary Affairs for their appraisal and future guidance. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 329. ..

Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98

Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)

....e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......na J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Md. Salim Hossain..............................Petitioner Uttara Bank Limited ..................Petitioner Vs. Artha Rin Adalat, Munshigonj……………….........Respon......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ......e in both the Civil Petitions for Leave to Appeal. Accordingly, both the Civil Petitions for Leave to Appeal are dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 154. ..

Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151

Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)

....ed and antedated and created for the purpose of the suit. That the alleged settlement of the suit land in favour of the plaintiffs by the defendant No.4 was not permissible under section 10(a) of the State Acquisition and Tenancy Act. 6. The defendant No.4 Sree Sree Radha Madhab Jew Deity repre......J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Abdul Gaffar and others..............................................Petitioners Vs. Sree Sree Radha Madhab Jew Deity and others....................Respondents Judgment ...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ...... this impugned judgment and order of the High Court Division. In the result this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 697. ..

Category: Property Law | Date: 16 Apr, 2012 | Hits: 72

Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)

....n objection challenging the claim of pre-emption. The opposite party No.23, namely, Abul Kashem filed an application on 24.06.1999 praying for being added as co-preemptor under sec­tion 96(4) of the State Acquisition and Tenancy Act stating, inter alia, that he was a co-sharer by inheritance of the...... Ismail and another..........................Petitioners (In Civil Petition No.642 of 2009) Abul Kashem.........................................Petitioner (In Civil Petition No.684 of 2009) Vs. Abul Kashem and others.........................Respondents (In Civil Petition No.642 of 200......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ......eposited within 1 (one) month. The petitioners are permitted to pre­pare the paper book out of Court in accor­dance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 570. ..

Category: Property Law | Date: 15 Apr, 2012 | Hits: 149

Anti-Corruption Commission Vs. Monjur Morshed Khan & three another, 2012, 41 CLC (AD)

....rsquo;s lawyer to assist the state's lawyer presuming it as a private litigant on the assumption that section 493 of the Code of Criminal Procedure does not permit to conduct cases in presence of State's lawyer. The High Court Division failed to notice that this provision for instructing the......J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Md. Shamsul Huda J Anti-Corruption Commission........................Petitioner Vs. Monjur Morshed Khan & three another ...........Respondents Judgment April 12,......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ......pending in the High Court Division by accused-persons. These petitions are disposed of with the above observations and findings. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 124. ..

Category: Anti-Corruption Laws | Date: 12 Apr, 2012 | Hits: 212

Government of Bangladesh and others Vs. Md. Abdus Sattar and others, 2012, 41 CLC (AD)

....tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ......dra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others………………………Petitioners Vs. Md. Abdus Sattar and others...................................Respondents Order April 1......inha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others………………………Petitioners Vs. Md. Abdus Sattar and others...................................Respondents Order April 11, 2012. ......tement 1 (one) week thereafter to make the appeal ready for expeditiously. Parties are at liberty to mention the appeal for early hearing. Ed. This Case is also Reported in:9 ADC (2012) 662. ..

Category: Employment/Service Law | Date: 11 Apr, 2012 | Hits: 120

Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)

....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ...... Nazmun Ara Sultana J    Syed Mahmud Hossain Md.lmman Ali J         Momtaj Ali @ Babul.........................Appellant Vs. Md. Shamsul Huda..........................Respondent Judgment     ......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ..

Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2

Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)

....d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ......ourt Appellate Division (Civil) Present: Surendra Kumar Sinha J Md. AWahhab Miah J Md. Imman Ali J Md. Shamsul Huda J Palash Barua & others ...............Petitioners Vs. Anil Kumar Barua and others............Respondents Judgment April 9, 2012. Result: ......rua & others ...............Petitioners Vs. Anil Kumar Barua and others............Respondents Judgment April 9, 2012. Result: The Petition is dismissed. Lawyers Involved: Abdus Salam Mondol Advocate instructed by AKM Shahidul Huq Advocate-on-Record-For the Petitioner. ......d reason to interfere with the impugned judgment and, as such, the Civil Petition for Leave to Appeal No.395 of 2010 is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 96. ..

Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30

Majad Hossain and another Vs. State, 2012, 41 CLC (AD)

....ion (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 2010) M.A. Hossain a......llate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Muhammad Imman Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 2010) M.A......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ......modifications of the ordering portion of the judgments of the High Court Division, both petitions are dismissed. Ed. This Case is also Reported in: 32 BLD (AD (2012) 214; 17 BLC (AD) (2012)177. ..

Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618

Rakibul Islam Vs. State, 2012, 41 CLC (HCD)

....eme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Rezaul Hasan J Rakibul Islam……………………….Accused-Appellant (In-Jail) Vs. State………………………..............For the Opposite-Party Judgment April 3, 201....... ......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ......used is on bail obtained from this Division, he is to be discharged from his bail bond. Send down the Lower Court Records. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 438. ..

Category: Women and Children | Date: 3 Apr, 2012 | Hits: 64

M/S. Talukder Chemicals Limited Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)

....and in the name of the government under R.S. Khatian No. 1, without any objection from any corner and the same was finally published by the concern authority, according to the provision of 144 of the State Acquisition and Tenancy Act. The government owned and possessed the suit schedule land, as suc......m Chowdhury J KM Kamrul Kader J M/S. Talukder Chemicals Limited, represented by its Managing Director, Mozzamel Haque Talukder alias H.M. Talukder…..........Plaintiff-appellants Vs. Government of Bangladesh and others…………............Defendant-re......deed No. 2084 dated 29.4.1940. During cross-examination he stated that he has no personal knowledge about the said deed and denied the suggestion that he deposed falsely in this case. 18. P.W.4 Abdus Sattar in his deposition he deposed that he knows the plaintiffs and the suit schedule land. I......by set aside and the suit is hereby decreed . Communicate a copy of this judgment and decree immediately. Nozrul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: ..

Category: Evidence Law | Date: 3 Apr, 2012 | Hits: 113

Shyzuddin and others Vs. Md. Babul Gorapi and another, 2012, 41 CLC (HCD)

....ent April 2, 2012. Result: The Rule is discharged. Lawyers Involved: No one appears - For the Petitioner. Gazi Md. Mamunur Rashid, Assistant Attorney General - For the State-opposite Party. Criminal Miscellaneous Case No.2109 of 1998. Judgment Md. Ruhul...... (Criminal Miscellaneous Jurisdiction) Present: Soumendra Sarker J Md. Ruhul Quddus J Shyzuddin and others…………………Petitioners Vs. Md. Babul Gorapi and another…………………Opposit...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ...... Rule is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..

Category: Intellectual Property Law | Date: 2 Apr, 2012 | Hits: 218

Sohel Rana Shippon (Md.) and others Vs. State, 2012, 41 CLC (AD)

....al) Present: Nazmun Ara Sultana J Md. Imman Ali J Md. Anwarul Haque J Hasan Foez Siddique J Sohel Rana Shippon (Md.) and others..................Appellants Vs. State..............................................Respondent Judgment April 1, 2012. ...... (Criminal) Present: Nazmun Ara Sultana J Md. Imman Ali J Md. Anwarul Haque J Hasan Foez Siddique J Sohel Rana Shippon (Md.) and others..................Appellants Vs. State..............................................Respondent Judgment April 1, 2...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ...... the earlier sentence awarded by the Tribunal. 14. With the observations and direction made above, the appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 160. ..

Category: Criminal Law, Women and Children | Date: 1 Apr, 2012 | Hits: 5

Md. Mostafa Vs. Bedena Khatun and another, 2012, 41 CLC (HCD)

....ent April 1, 2012. Result: The Rule is discharged. Lawyers Involved: Md. Shamsur Rahman, Advocate - For the Petitioner. Gazi Md. Mamunur Rashid, Assistant Attorney General- For the State-opposite Party. Criminal Miscellaneous Case No.2936 of 1997. Judgment Md. Ruhul Qudd......orted in: ......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ......no merit, is discharged. The stay granted at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Soumendra Sarker J.- I agree. Ed. This Case is also Reported in: ..

Category: Women and Children | Date: 1 Apr, 2012 | Hits: 158