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Abdul Alim Akondo Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417.......T (HCD) 51. 5. We have considered the submissions advanced by the learned Advocate for the petitioner and perused the impugned judgment and order of the High Court Division and other materials and papers on record. 6. The plaintiff-petitioner filed Other Class Suit No.54 of 1992 in the Court o......vision (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Abdul Alim Akondo..........................................Petitioner Vs. Government of Bangladesh and others ..............Respondents Judgment April 8, 2009. Case Referred to- Abdur Rah......acts and circumstances of the case, we find no reason to disturb the same. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 417...Category: Property Law | Date: | Hits: 61
Sylhet Moulvi Bazar Motor Malik Group and another Vs. Ataur Rahman and others, 2008, 37 CLC (AD)
....ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ......scharged the Rule and affirmed the judgments of the courts below. 6. We have heard the learned Counsel and perused the petition and impugned judgment and order of the High Court Division and other papers on record. 7. The learned Counsel appearing for the petitioners submits that the High Cour......: 16 MLR (AD) (2010) 415. ......ision No.1625 of 2007 pending in the High Court Division. With this observations this petition for leave to appeal is disposed off. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 415. ..Category: Property Law | Date: | Hits: 58
Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
....ey, the alleged bainapatra will stand null and void, but the plaintiff, most illegally, filed the instant suit for specific performance of contract on the basis of the said bainapatra. Further at the relevant time the value of the suit land being Tk.50, 000.00 there was no reason for him to transfer......and after hearing, the High Court Division discharged the Rule. 5. We have heard the learned counsel and perused the impugned judgment and order of the High Court Division and also other connected papers. 6. As it appears the High Court Division discharged the Rule holding that as follows:- ......ision (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J Surendra Kumar Sinha J Sheikh Hassan.............................................Petitioner Vs. Mst. Shiriya Begum and another....................Respondents Judgment August 18, 2009. Lawyers involved: M......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146...Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....esh Shilpa Rin Sangstha. The company was running an industry manufacturing fluorescent tube lights at Tejgaon Industrial Area through its appointed directors, managers, officers and executives at all relevant times. By notification No.186-61 dated 31.12.1971 passed under the Acting President's Order......Akhtar Imam, the learned Counsel appearing for the petitioner and Mr. A.J. Mohammad Ali, the learned Counsel appearing for the respondents and perused the petition and the impugned judgment and other papers on record. 8. Since the High Court Division rightly found that the shares of the company a......Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Bangladesh Steel & Engineering Corporation...................Petitioner Vs. Arif A. Shekha and others ..........................................Respondents Judgment January 24, 2010. ......holders have been rejected. Appellant No.1 filed further applications dated 23.02.1978 and 18.07.1978 on receipt of which the Ministry of Industries by memos dated 21.10.1978 and 31.08.1979 asked for documents in proof of nationality of the shareholders. In the meantime M/S. Bella Artifitex Industri..Category: Business or Commercial Law | Date: | Hits: 195
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......Bhola; that Advocate Mr. Nasir Uddin, Mr. Tarikul Islam and Mr. Syed Ahmed were appointed Arbitrator and thereupon an application for withdrawal of the case was filed on 18.04.1977; that signed blank papers were kept in the custody of the Arbitrators and that plaintiffs predecessor collected the sig......upreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Mostafa Kamal........................................Appellant Vs. Md. Nasir Ahmed and others..................Respondents Judgment May 27, 2008. Case Referred to- 31 DLR ......ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ..Category: Property Law | Date: | Hits: 64
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....ম্পূর্ণ ডিক্রিকৃত অর্থ মামলার খরচাদি বাদী ব্যাংক বরাবরে পরিশোধ করিবে”। The relevant portion of the decree dated 2.4.91 reads as under: “অত্র মানি মো......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......th M Hasan, Advocates ‑ For the Opposite Party Appellants. Ozair Farooq, Advocate ‑ For the Defendant‑Appellant. Appeal from Original Decree No.771 of 1991. with FAT No.369 of 1991 and Cross‑objection Case No.735 of 1991. Judgment ARM Amirul Islam Chowdhury J.- This appeal......urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ...... J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Anti Corruption Commission represented by it's Chairman, Head Office-1, Segunbagicha, Dhaka and another ..................................................Petitioners Vs. Md. Enayetur Rah...... Islam there and on query he told that the writ petitioner Md. Enayetur Rahaman was the owner of the said vehicle. The law enforcing agencies thereupon directed the writ petitioner to produce legal documents in support of the ownership of the said vehicle imported by the Member of Parliament Harun..Category: Anti-Corruption Laws | Date: | Hits: 214
Mohammad Ismail Hossain @ Kana Ismail Vs. The State, 2011, 40 CLC (AD)
....nocent and has been falsely implicated in this case and no arms was recovered from his possession. 6. The trial Court without proper appreciation of the evidence on record and misconception of the relevant law convicted the accused appellant under Section 19(A) of the Arms Act. On appeal the High......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ...... Advocate-on-Record-For the Appellant. None represented- the Respondent. Criminal Appeal No.11 of 2006. Judgment Md. Shamsul Huda J.- This criminal appeal is directed against the judgment and order dated 14.1.2004 passed by the High Court Division in Criminal Appeal No. 2114 of 1998 dism......to G.R. No.158 of 1987. Let the convict appellant to be released from custody if not already been released or wanted in any other case. Ed. This Case is also Reported in: 19 BLT (AD) (2011)187. ..Category: Criminal Law | Date: | Hits: 76
Category: Civil Law | Date: | Hits: 77
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
.... learned Advocate, appearing for the petitioner submitted that the High Court Division fell into an error of law in making the Rule absolute ignoring the fact that the trial Court considering all the relevant facts and materials rejected the Commissioner's report to pave the way for fresh commission......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ...... Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Sree Chinmoy Chowdhury………………………………………...Petitioner Vs. Sree Mridul Chowdhury and others…………………………...Respondents Judgment March 1, 2009. Lawyers Invo......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ..Category: Property Law | Date: | Hits: 93
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....inal documents to the plaintiff in presence of witnesses. It was stipulated in the agreement that seller shall apply for obtaining all necessary permission, clearance certificate from RAJUK and other relevant authorities for sale of the land in favour of the plaintiff and plaintiff will be responsib......llottees, 3 in number are of same name, same parentage, similar hand writings with similar apparently same documents but 3 persons claiming the plot of RAJUK of them one must be genuine with original papers and others are not. I have taken a strong heavy burden to single out that genuine person with......ppellate Jurisdiction) Present: Sharif Uddin Chaklader J Md. Nuruzzaman J MA Hashem.........................................................Appellant Vs. Shamsul Kabir Humayun Reza and anothers.............Respondents Judgment February 10, 2011. Cases Referred to- Ejha......bits before my hand as such, I can dispose of the suits without sending the same to the trial Court for remand. It is also to be noted here that in three suits, 4 (four) sets of apparently original documents i.e. allotment letter of DIT, standard lease deed agreement of DIT and receipts of Nationa..Category: Property Law | Date: | Hits: 100
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....Sinha J. - Appellants obtained leave from this Court from the judgment and order dated 13th May, 2003 of a Single Bench of the High Court Division in Civil Revision No.6768 of 2001. 2. Short facts relevant for the disposal of the appeal are that one Ghana Mia, predecessor-in-interest of the appel......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ......ivil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Most. Shamsunnahar and Others……………………Appellants Vs. Abdul Mannan and Others…………………......ind no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 198, 16 MLR (AD) (2011) 374. ..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518....... section 33 provides that if it is not practicable to sell the property on auction under sub-sections (1),(2) and (3), the Adalat shall direct publication of notice at least in two Bangali daily news papers, and if it is practicable in a local news paper, as per provisions of Sub-section (1) of sect......man J ABM Khairul Hague J Md. Muzammel Hossain J Surendra Kumar Sinha J Lt. Col. M. A. Mannan (Retd.)………………Appellant (In both the cases) Vs. Social Investment Bank Ltd. and Others …………Respondent (In Civil Appeal No.48 of 2006) Doctor J. H. Gazi and Others…......e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518...Category: Civil Law | Date: | Hits: 90
Shahin Alam Vs. The State, 2010, 39 CLC (HCD)
....ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ......dy in presence of the witnesses, recovered one pipe-gym loaded with one cartridge, live cartridges and one Super automatic knife from his exclusive possession. The accused person having not any valid papers relating to those recovered firearms and ammunitions, the same were seized and a seizure list......s - For the Appellant. Farhad Ahmed, Deputy Attorney General- For the State. Criminal Appeal No. 1078 of 1997 (An appeal under Section 30 of the Special Powers Act, 1974 against the judgment and order of conviction and sentence dated 01.06.1997 passed by the Special Judge, Court No. 3, Jhen......ntence. Communicate the judgment and order immediately to the appellant and send down the LCR. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 275; 16 BLC (HCD) (2011) 115. ..Category: Criminal Law | Date: | Hits: 56
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reputation of another citizen should be put in peril by means of a criminal prosecution, should bring to the discharge of their duty a sense of responsibility and the industry required to examine the relevant materials. The duty of granting a proper sanction can hardly be imagined to have been prope......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......ssain Humayun, Senior Advocate with Md. Khairul Alam, Advocate - For the petitioner. S. K. Zahid Sarwar, Deputy Attorney General with Md. Aminur Rahman Chowdhury (Tiku), Assistant Attorney General and Monzu Naznin (Rosy), Assistant Attorney General - Opposite Party No.1 (State). Md. Khurshid A......reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264...Category: Criminal Law | Date: | Hits: 111
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......itten statement and he claimed 1.28 acres of land by successive purchase. 6. During the course of trial the learned Assistant Judge, Patharghata, Barguna on consideration of the evidence on record papers and documents and exhibits dismissed the suit of the plaintiffs by his Judgment and decree da......d. This Case is also Reported in: 16 MLR (HCD) (2011) 242.......ment and he claimed 1.28 acres of land by successive purchase. 6. During the course of trial the learned Assistant Judge, Patharghata, Barguna on consideration of the evidence on record papers and documents and exhibits dismissed the suit of the plaintiffs by his Judgment and decree dated 07.09.0..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....l. Both the learned counsel and the Attorney‑General made their best efforts to substantiate their respective viewpoints by their painstaking and attractive argument placing facts of the case and relevant laws citing a number of case laws assisting the Court for coining to a decision on the poin......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......site Party Judgment September 23, 1992. Cases Referred to- Saber Ahmed Vs. Manzur Mia ad others, 35 DLR 213; State Vs. Md. Safikul Islam, 40 DLR 310; 17 DLR (SC) 26; Sheikh Mujibur Rahman and another Vs. State, 15 DLR 549; Nazir Hossain Shah Vs. State, 17 DLR (SC) 26; Nazir Hossain Shah ...... point the contention of the learned Attorney‑General Mr. Aminul Huq was that framing of charge does not depend on the FIR and charge sheet alone but also on such other materials available from the documents collected by the police during investigation and presented before the Court while the matt..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....olding fresh poll by the impugned order, the legality of which is now being challenged before us. 4. Dr. Rafiqur Rahman, the learned advocate appearing for the petitioner, has taken us through the relevant provisions of the Local Government (Union Parishad) Ordinance, 1983 and the rules framed th......rimary School Centre of Musapur Union Parishad, Sandwip, Chittagong. 2. The facts, in short, as stated in the petition, are, that the petitioner along with respondent Nos. 6 and 7 filed nomination papers as candidates for the election to the office of Chairman of Musapur Union Parishad. The said ......Court High Court Division (Special Original Jurisdiction) Present: Anwarul Haque Chowdhury J KM Hasan J Mamtajul Karim……………Petitioner Vs. Government of Bangladesh and others……………Respondents Judgment June 17, 1993. Case Referred to- Aftaf ......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....ed without making him a party and secondly, when the suit cannot be effectively and completely decided without his presence. Mst. Jahanara Begum Vs. ML Md. Shamsul Hoque, 27 DLR (A D) 129. 13. The relevant passage from Dicey on Parties to an Action (R 113 p 495) as quoted in UG Sukhare Vs. CG Gaw...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......ower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527....... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
.... each, in default, to suffer rigorous imprisonment for 3 months more each should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule may be, briefly, stated as follows: On 04.6.1987, one Mariam N......vict-petitioners were in abscondence soon after commission of rape, the learned Upazilla Magistrate, Balaganj, Sylhet took steps for publication of notification in the official gazette and the newspapers under section 339B of the Code of Criminal Procedure. 6. After publication of notification......ury J Md. Nazrul Islam Talukder J Rajab alias Rajab Ali…………………………………………Petitioner (In Criminal Miscellaneous Case No.10991 of 2010) Sajal alias Md. Sujan Miah and another…………..Petitioners (In Criminal Miscellaneous Case No.10714 of 2003) Vs. The......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ..Category: Criminal Law | Date: | Hits: 86