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Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....et up by notification dated 7-5-94 taking some part of Shyampur Union Parishad and the petitioner was appointed Nikah Registrar on 19-10-94 for Shyampur Union Parishad only and, as such, he could not claim to be the Nikah Registrar for Dhania Union Parishad as the respondent No. 3 was appointed as t......1999 and Writ Petition Nos. 1660, 3423, 3823, 3029, 3312, 3214, 3945, 3326, 3622 of 1998 and Writ Petition No. 4946 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up for hearing together and disposed of by the Single Judgment as the common question of law and facts ...... has not taken any step during the last 5 years after revocation of his licence. Any alleged functioning of the petitioner as Nikah Registrar is wholly unauthorised and illegal and alleged deposit of money in the treasury does not make the petitioner a Nikah Registrar. It is not the District Registr..Category: Constitutional Law | Date: | Hits: 109
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
.... realisation of an amount of Taka 13,23,315.09 as outstanding dues as on 28-3-91. During the pendency of the suit the defendant paid the plaintiff Bank an amount of Taka 4,00,000.00 in respect of the claims of the Bank. Eventually the defendant opposite party did not appear before the Artha Rin Adal...... Rin Adalat, 2nd Court Madaripur in Money Execution Case No.25 of 1994 waiving 60% of the interest and allowing payment of the balance of the decretal dues by instilments. 2. Short facts relevant for the purpose of the Case are that, the petitioner Bank as plaintiff instituted a suit in the cour......er dated 18-9-97 passed by the learned Subordinate Judge and Artha Rin Adalat, 2nd Court, Madaripur in Money Execution Case No. 25 of is set aside. 11. The order staying all further proceedings of money executing Case No.25 of 1994 pending before the Artha Rin Adalat and Sub ordinate Judge, Madar..Category: Civil Law | Date: | Hits: 92
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
.... 16,03,278.00 on account of outstanding dues out of bill Nos. 46-49. The amount having not been paid, on 3-7-1983 the plaintiff made a representation to the Chairman of the Water Development Board.He claimed Taka 32,25,535.00 on account of the difference in the measurement use of U-type sheet piling......e defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in Money Suit No.12 of 1992 decreeing the suit. 2. The plaintiff instituted the suit for a decree for a sum of Taka 10,85,53,174,99. The plaint Case, in short, is that the plaintiff is ...... Taka 1.48 crore in excess. For the reason the defendant withheld the payment against the 50th bill and also did not return the security deposit. When the plaintiff was asked for return of the excess money the plaintiff on 16-8- 1984 gave the notice for appointment of an Arbitrator for arbitration o..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......s to why the proceedings of CR Case No. 315 (ka) 99 (TR No.172/99) pending in the Court of Magistrate, Ka Zone, Sirajgonj should not be quashed. 2. Mr. Khurshid Alam Khan, the learned Advocate for the petitioner, submits that the petition of complaint does not disclose any offence under secti......ue was dishonored though it was presented for encashment on three dates. According to him, the accused petitioner in order to cheat the complainant issued the cheque knowing fully well that he had no money in his account. 4. Mr. Khurshid Alam Khan in support of his views referred to the cases of ..Category: Criminal Law | Date: | Hits: 42
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......e-on-Record-For the Petitioner. Jamiruddin Sirker, Senior Advocate, instructed by Md. Wahidullah, Advocate-on-Record-For Respondent No. 1. Not represented-For Respondent No.2. Civil Petition for Leave to Appeal No. 1340 of 2009. (From the judgment and order dated 28.5.2009 passed by the ......e entered into a contract on 14th June, 1973 for sale of the said land with the plaintiff at a consideration of Tk. 14,000/- out of which the defendant received Tk. 10,000/- towards the earnest money. It was stipulated in the agreement that the defendant would receive the balance consideration..Category: Property Law | Date: | Hits: 23
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
....ds to Shahar Ullah and four others of Jhamok who executed a registered kabuliat in their favour on 30th As win, 1325 B.S. the land was originally laik patit in nature and the settlement holders reclaimed the same by spending huge amount of money and labour they also paid rent of the same to the ...... 4, 2010. Lawyers Involved: Md. Mozaffar Hossain, Senior Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-Respondents. Civil Petition for Leave to Appeal No. 326 of 2009. (From the judgment and order dated 24.07.2008 passed by the ...... who executed a registered kabuliat in their favour on 30th As win, 1325 B.S. the land was originally laik patit in nature and the settlement holders reclaimed the same by spending huge amount of money and labour they also paid rent of the same to the zaminder shreesta. The plaintiffs since the ..Category: Property Law | Date: | Hits: 28
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....s who inherited the 'Ka' scheduled land with their successive heirs and thus, they are entitled to get partition in respect of the 'Ka' scheduled land to the plaintiff to which the defendants have no claim; that the 'Kha' scheduled land to the plaintiff exclusively belonged to Keshob Lal Ghosh by ...... Advocate-on-Record-For the Petitioners. M. A. Samad, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.3. Not represented-Respondent Nos. 1-2. Civil Petition for Leave to Appeal No. 487 of 2009. (From the judgment and order dated the 11th and 12th day of ......ver challenged by the plaintiffs. It is expressly averred in the kabala that Keshob purchased the said property by his own personal wealth and means and the same was never purchased by the wealth and money of the undivided joint family; that the plaintiffs have no locus standi to challenge the decre..Category: Property Law | Date: | Hits: 29
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....f the Bank to remit the entire interest paid and unpaid and as such, the amount which the writ petitioner paid earlier must be adjusted against the principal loan amount and the bank is estopped from claiming further amount from the writ-petitioner on account of loan in that Annexures- D and E1 to t......hers……………......Respondents Judgment February 11, 2010. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.62 of 2009. (From the judgment and order dated the 20th day of August, 200......oner could not repay the loan in due time the respondent No.4 instituted Title Suit No. 28 of 1996 against the petitioner and others in the Artha Rin Adalat No.1, Dhaka for realization of that loan money. That Title Suit was subsequently renumbered as Title Suit No. 169 of 1999. The then Chairman ..Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....ters, Duli died Childless, Sumitra died leaving a son Shibpada and Shibpada died leaving behind son Sashi Mondal and Sashi Mondal died leaving behind two sons Keshab and Monohar. Sumitra gave up her claim to the disputed land in favour of her 3 sisters, Bhani, Kanchan and Feli. The sons of Bhani an......……….....Respondents Judgment July 5, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1179 of 2008. (From the judgment and order dated 25.09.2007 passed by the......judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ..Category: Procedural Law | Date: | Hits: 95
....irs to inherit his properties including the suit land and that the defendant in particular defendant Nos.6 and 7 on 16.09.1994 threatened the plaintiffs to forcibly take possession of the suit land claiming ownership thereon through sale deed dated 01.01.1979, 03.01.1979,04.01.1979, 18.09.1978 and......itioners
Kamal-ul-Alam, Senior Advocate, instructed by Md. Toufique Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9.
Not represented-Respondent Nos. 4, 6, 10-26.
Civil Petition for Leave to Appeal No. 888 of 2009.
(From the judgment and decree dated 23.02.2009 passed by the......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486...
Category: Property Law | Date: | Hits: 38
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....lying abandoned and taking that advantage both the plaintiff and contesting defendants are trying their best for garbing the suit property with all vague and fraudulent papers; that the plaintiff claimed title by way of registered deed of exchange dated 30.03.1985 with one Md. Siddiqur Rahman ......li, Senior Advocate instructed by Zainual Abedin, Advocate-on-Record-For the Petitioners. Saidur Rahman on behalf of Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1946 of 2009. (From the judgment and order dated the 12th day of May, 2009......operty and thereafter, as vested and non-resident property and that the suit land has been lease out to the defendant No.2 vide VP Case No.1/Satu/81/ who has been possessing the same paying lease money to the Government and that all the papers of the plaintiff are false and as such, the suit is ..Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......s dismissed. Lawyers Involved: Khan Saifur Rahman, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1844 of 2008. (From the judgment and order dated the 4th day of June, 200......ondent Company as front had borrowed crores of taka from different leasing and financial institutions by fraudulent means and misappropriated the Company funds. It is further stated that although the money was procured for purchasing of machinery and other equipments there is no evidence that th..Category: Company Law | Date: | Hits: 197
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: ......m) instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Musfiqur Rahman Khan, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 2 of 2008 (From the judgment and order dated 11.11.2007 passed by the Hig...... Dhaka Metropolitan Police, Dhaka on 15.02.2007 against the petitioner and 2 others showing the date of occurrence as 19.06.2002 alleging, inter-alia, that the 4% of the amount received against lease money of hat-bazar of the country under the Ministry of local Government are deposited with the Mukt..Category: Anti-Corruption Laws | Date: | Hits: 159
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....aintaining this application as an aggrieved person under Article 102 of the Constitution of the People’s Republic of Bangladesh. 10. In this case, any individual member or members of BELA do not claim to have been directly or specially effected by the toxic pollutants caused by the discharge of......nting Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples Union for Democratic Rights Vs. Union of India, 1982 SC 1473; Rural Litigation and Entitlement Kendra V. S......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ..Category: Environmental Law | Date: | Hits: 345
....he plaintiff rather it would help him to get possession of the suit holding”.
5. He further refers the case of Abdul Mannan (Md.) Vs. Swaraj Roy and others 54 DLR 352 held:-
“When a party claims to be in possession, the Court is also under an obligation to see if by rejecting his prayer ...... learned District Judge, Gazipur, allowing Civil Revision no. 04 of 2008 by reversing those of dated 03-02-2008 passed by learned Senior Assistant Judge, first Court, Gazipur, allowing an application for addition of party in Title Suit no. 363 of 2005.
2. Material facts are that on 10-10-2005 pl......rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside.
Office is directed to communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233...
Category: Property Law | Date: | Hits: 27
Abul Hossain Vs. State, 2008, 37 CLC (AD)
....inst the accused appellant and his 1st wife under sections 302/201/34 of the Penal Code. The said charge was read over and explained to the accused-appellant, who pleaded not guilty to the charge and claimed to be tried. 9. The trial was held before the court of learned Additional Sessions Judge,......……….........Respondent Judgment July 24, 2008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 125 of 2007. (From the judgment and order dated May 25, 2006 passed by th......rgis Begum was sent to her father's house before the marriage under the stipulation that she would not be taken back in the house of accused Abul Houssain, but while she came back with thousands of money she was allowed to remain with them. Thereafter, the accused appellant Abul Hossain started to..Category: Criminal Law | Date: | Hits: 45
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
....ur Rahman, the learned Advocate-on-Record for the respondents in both the cases and perused the judgment of the High Court Division and other connected papers. 9. It is not disputed that the lands claimed in both the writ petitions were acquired by the Government in accordance with law. The writ ...... 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 Petition for leave to Appeal Nos. 438-39 of 2006. (From the judgment and order dated June 20, 2005 passed ......exure-D to the writ petition) stating that the letter dated 04-11-1999 (Annexure-C) issued by him was cancelled and further requested the writ petitioner to withdraw/receive the refunded compensation money deposited against the de-requisition order dated 21-09-1964 in respect of Plot Nos. 353 and 36..Category: Property Law | Date: | Hits: 23
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
....fore sale of the case land to opposite party Nos.1-6, it was duly offered to the pre-emptor but he refused to purchase the same as he had no fund for the purpose and consequently; he is estopped from claiming pre-emption. 4. The pre-emptor examined only one witness in support of his case whil......ughter Arora Khatun and wife Nasua Khatun to succeed him. Subsequently, Nasua Khatun died leaving opposite parties Abu Taher Abdus Samad, Arora Khatun and Sufia Khatun as her heir and heiresses. The aforesaid owners being in rightful possession of the Case Land sold 22 decimals of land to pre-emptee......in law. It has been further contended that the disputed sales were not sales proper but these were conditional sales with agreement for re-conveyance of the same to the vendors on receipt of the sale money within the stipulated time. It has been also contended by the opposite parties that the case l..Category: Property Law | Date: | Hits: 22
....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.......r section 115 of the Code of Civil Procedure is an order dated July 18, 1999 recorded by learned District Judge, Moulvibazar in Title Appeal No. 5 of 1999 rejecting a petition presented by petitioner for condonation of delay of 1038 days and thus, dismissing the appeal.
2. The decision proposed t......uestion of limitation being a fundamental question. The procedure adopted by learned District Judge is wholly impermissible and cannot be approved at all. The procedure led to needless expenditure of money incurred by the parties. The time starting from admission of the appeal till the recording of ..
Category: Limitation Law | Date: | Hits: 152
....pursuant to the authority vested in him by Article 95(1) of the Constitution.
3. The petitioner No. 1 is engaged in the legal profession as a practicing lawyer since 1995. The petitioner No. 2 claims to be a social worker and a serious human rights activist. They claim to be conscious citizen......y-General-For the Respondents.
Writ Petition No. 145 of 2001.
Judgment
Syed Amirul Islam J.- Let the supplementary affidavit dated 14-5-2001 on behalf of the petitioner No. 1 be formed part of the main application.
2. In this petition there are two petitioners namely, Mr...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
..
Category: Constitutional Law | Date: | Hits: 126
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