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Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)
.... Abedin J Md. Abdul Matin J. Md. Nurul Hoque Sarker………………….....Petitioner Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other....Respondents Judgment August 3, 2008. Case Referred To- Sul......t @ 20% per annum including penal interest and also praying that in case of the failure of the defendant petitioner to pay the decreetal dues, to make the decree final and direct sale of mortgaged properties and also to pass a personal decree against the defendant petitioner in respect of t..Category: Civil Law | Date: | Hits: 106
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
....Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Elahi Mondal……………………Petitioner Vs. Juran Mondal and others……........Respondents Judgment July 30, 2008. Lawyers...... well as lower appellate Court and also considering evidence on record held that the lower appellate Court after discussing the evidence, both oral and documentary, elaborately and after proper assessment of evidence on record came to the finding that the plaintiff had been able to pro..Category: Property Law | Date: | Hits: 25
Jitendra Nath Bachar Vs. Badhakanta Sardar, 2008, 37 CLC (AD)
.... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Jitendra Nath Bachar being dead his heirs; 1(a) Bancharam Bachar and another...... Plaintiff-petitioners. Vs. Badhakanta Sardar being dead his he......he suit. The finding of the learned Subordinate Judge on possession having been based on no evidence the same is liable to be set aside; that the judgment of the learned Subordinate Judge is not a proper judgment of reversal and is no sustainable in law. The suit being a suit for declaratio..Category: Property Law | Date: | Hits: 22
Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)
....e Court Appellate Division (Civil) Present: M.M. Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Solaiman and others…..............Petitioners (In both cases) Vs. Government of Banglad......d on the year 2001-2002 the Government Audit Team raised objection regarding loss of Government to the extent of Tk. 1,00,00,000/-(one crore) as the two Trade Unions illegally leased out government properties and misappropriated the proceeds realized against those leases and further in the inter..Category: Civil Law | Date: | Hits: 84
Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Hassan Ameen J Bangladesh Muktijoddha Kalyan Trust and another……….Petitioners Vs Md. Arshad Ali and others…&h......The authority competent to impose the penalty shall consider the report of the enquiry committee, the statement of the employee and other circumstances, if any, impose such penalty as it may deem proper in the circumstances of the case. The decision of the authority shall be communicated in ..Category: Employment/Service Law | Date: | Hits: 408
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....late Division (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J M/S. S. Rahman & Company Limited and another…..Petitioner Vs. The United Commercial Bank Limited and others&he...... No.1 shall not be declared to have been passed without lawful authority and is of no legal effect and or such other or further order or orders passed as to the High Court Division may seem fit and proper. The High Court Division was also pleased to stay further proceedings of Mortgage Suit No.3..Category: Property Law | Date: | Hits: 37
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
.... (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Abdul Quddus Matabbar....................Appellant Vs Yousuf Ali Bayati and others…....Respondents Judgment June 25, 2005. Lawyers Involved: ...... suppressing all processes. The said auction purchase was set aside by the decree passed on 31.12.1966 in Title Suit No.119 of 1965. The plaintiffs have no got right, title and interest in the suit property. 4. The trial court on consideration of the materials on record dismissed the suit...Category: Property Law | Date: | Hits: 28
Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)
....Supreme Court Appellate Division (Civil) Present: M. M. Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Bangladesh Water Development Board and others……....Petitioners Vs Md. Quamruzzaman………&......rding the earlier verdict of the civil Court which manifestly being illegal and without any lawful authority, is liable to be struck down. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illeg..Category: Employment/Service Law | Date: | Hits: 122
MA Sattar and others Vs. State, 2008, 37 CLC (AD)
....; 14 MLR (AD) (2009) 168. ......on 13-9-1989, when Section 5(2) of the Prevention of Corruption Act, 1947, prescribed only the punishment of imprisonment or fine or both and did not prescribe the punishment of confiscation of the property to the State and this punishment of confiscation of property to the State was prescribed ..Category: Anti-Corruption Laws | Date: | Hits: 294
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... 111. ......nd of justice will be met if they are directed to maintain status quo till disposal of the present suit i. e Title Suit No. 13 of 2005. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel ..Category: Property Law | Date: | Hits: 27
Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)
....irul Kabir Chowdhury J Md. Joynul Abedin J Irshad Hossain ……..........Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others. .........Respondents ......a Rin Adalat, 2nd Court, Dhaka shall not be declared to be without lawful authority and was of no legal effect and/or such other or further order or orders passed as to this court may seem fit and proper. Pending hearing of the said rule, the High Court Division stayed all further proceedings in..Category: Civil Law | Date: | Hits: 80
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
.... Md. Hassan Ameen J Md. Harun-Or-Rashid…….........Appellant Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Dhaka and others………..........Respondents Judgment May 22, 2008. Lawyers Involved: Md. A...... judgment and order of the High Court Division dated 05-11-1998 in Writ Petition 5629 of 1996 discharging the Rule holding that the petitioner failed to prove by adducing any material that the case property, is not an abandoned property. 2. The appellant's case, in brief, is that the case land ..Category: Tenancy Law | Date: | Hits: 155
State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)
.... (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J State Bank of India.......Appellant Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. and another………Respondents Judgment June ......plaintiff-SBI, borrower-Tulip and the guarantors of the loan but the present appeal has been filed only impleading SABINCO and Managing Director which is a case of non-joinder of the necessary and proper parties; that SABINCO is not a borrower nor it stood as a guarantor for any loan availed by ..Category: Banking Law | Date: | Hits: 96
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Major (Rtd) Quazi Hasna Hena Begum........Appellant Vs. Lt. Col. Kazi Mansurul Islam and others .........Respondents Judgment April 6, 2008. Case Referred To- Akhlasur Rahm...... of the lease deed in favour of writ petitioner and leave petitioner took place, the High Court Division was wrong in failing to hold that the writ petition raised complicated issue of title in the property in question as well as disputed question of fact which could not be decided in writ petit..Category: Property Law | Date: | Hits: 74
Dulal Mridha Vs. State, 2008, 37 CLC (AD)
.... 43 DLR (AD) 234; 43 DLR (AD) 234; Delhi Judicial Service Ass., Delhi vs. State of Gujrat, AIR 1991 SC 2176; Union Carbide Corpn. Vs. Union of India, AIR 1992 Sc 248; Mohammed Anis Vs. Union of India and others 1994 Supplementary (1) Supreme Court Cases 145; M/S. Gannysons Ltd. and another Vs. Sonal......f law that in case of such custodial death of the wife the husband is considered to be responsible for such death unless he satisfactorily accounts for the death. The reason being that it is just and proper that the husband as the accused is to prove a fact i.e. especially within his knowledge as he..Category: Criminal Law | Date: | Hits: 62
Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)
.... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Mohammad Dabiruddin.................... Petitioner Vs. A.K. Rezaul Karim and others…….......Respondent Judgment July 23, 2007. Case Referr......ing than them to be added as Respondent for placing facts creating cause for passing the impugned Orders, the High Court Division should have allowed the petitioner to be added as a respondent for proper adjudication of the matter. 9. A.S.M Khalequzzaman, Advocate-on-Record, appearing for..Category: Constitutional Law | Date: | Hits: 114
S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)
....sent: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J S.M. Fazlul Haque Manik......Petitioner Vs. Md. Habibullah Baher and others............Respondents Judgment October 3, 2007. Case Referred To-...... to the writ petition should not be declared to be illegal and without jurisdiction and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 4. The High Court Division after hearing the parties discharged the Rule holding tha..Category: Election Law | Date: | Hits: 98
Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)
...., Advocate-on-Record-For the Appellant. Aynuddin, Advocate, instructed by Ataur Rahman, Advocate-on-Record-For the Respondent. Civil Appeal No. 27 of 2001. (From the judgment and order dated 22nd July, 1999 passed by the High Court Division in Civil Revision No.1637 ......rties, exhibits and deposition of both the parties rightly held that the appellant failed to make out a case of requirement. He also argued that the finding of the learned Single Judge is based on proper appreciation of materials on record and as such there is no question of failure if justice. ..Category: Property Law | Date: | Hits: 32
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
.... Present: Md. Joynul Abedin J Md. Abdul Matin J Fazor Ali being dead his heirs: 1. Mst. Jahura Khatun & others ….......Petitioners Vs. Md. Marfat Ali and others ……………………….......Responden.......1950 respectively to Mokbul Hossain and his two brothers. Mokbul Hossain died leaving 6(six) sons, defendant Nos. 1-5 and the predecessor of defendant Nos. 6 and 7 and they inherited the property of Mokbul Hossain. Total .95 acre of land has been recorded in the name of Mokbul Hossain..Category: Property Law | Date: | Hits: 24
....Amin CJ
MM Ruhul Amin J
Md. Tafazzul Islam J
Md. Abdul Matin J
Md. Shahabuddin...............Petitioner
Vs.
Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd. and others .............. Respondents
Judgment
October 30, 2007.
Result:
The petition ...... by Additional District Judge Court, No.1 Narayangonj in Miscellaneous Appeal No.51 of 2006 should not be set aside and/or pass such other or further order or orders as to this court may seem fit and proper.
Pending hearing of the Rule let the operation impugned judgment and order dated 7.2.2007..
Category: Civil Law | Date: | Hits: 120
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