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Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)

....in person) — The Petitioner. Not represented— the Opposite Parties. Civil Revision No. 3277 of 1998. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and decree dated 8-6-98 passed by the District Judge, Bhola in Title Appeal No. 86 of 1990 reversing the judgme......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550...

Category: Civil Law | Date: | Hits: 81

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....dgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be committed for contempt of court for non-complying with the order dated 16-7-2001 passed by this Court in Writ Petition No. 3058 of 2001. 2. The relevant facts are......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...

Category: Civil Law | Date: | Hits: 70

Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)

....ocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 30.6.2009 passed by the High Court Division in Criminal Appeal No. 3514 of 2003). Judgment ...... on record dismissed the appeal and there is no cogent reason to call for any inter­ference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888....... on record dismissed the appeal and there is no cogent reason to call for any inter­ference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888...

Category: Criminal Law | Date: | Hits: 31

Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)

....vocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 251of 2008. (From the judgment and order dated the 25th day of February, 2008 passed by the High Court Division in Criminal Appeal No.699 of ......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: VII ADC (2010) 885. ......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: VII ADC (2010) 885. ..

Category: Criminal Law | Date: | Hits: 40

Managing Director, Bakhrabad Gas Systems Limited and others Vs. Md. Nizamul Islam and others, 2010, 39 CLC (AD)

....nstructed by Mr. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 155 of 2010. (From the judgment and order dated the 20th day of October, 2009 passed by the High Court Division in Writ Petition No.7835 of 20......reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ......reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ..

Category: Others | Date: | Hits: 82

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....975 of 2003 by three former Additional Judge, who were not confirmed and in Writ Petition No. 3217 of 2003 by Mr. Farhad Ahmed, an Advocate of the Supreme Court. 3. On the view of a Division Bench dated 19-4-03 that the writ petitions raised complicated constitutional questions of great public im...... trust reposed in him. No excuse or no legal relativity can condone such betrayal. From standpoint of justice, the size of the bribe or scope of corruption cannot be the scale for measuring a Judge's dishonour. A single dishonest Judge not only dishonours himself and disgraces his office but jeopard...... Judges is that the Constitution cannot be conceived to allow the executive to get rid of such suitable and capable Judges from the Supreme Court after the expenditure of huge money from the public exchequer to make them suitable and capable for performing most difficult job of the Republic, adminis..

Category: Constitutional Law | Date: | Hits: 252

Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)

....ucted by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1-3 and 6. Not represented- Respondent Nos. 4-5. Civil Petition for Leave to Appeal No. 96 of 2009. (From the judgment and order dated the 14th day of May, 2009 passed by the High Court Division in Civil Revision No.3839 of 2001)......ooks is dis­pensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......ooks is dis­pensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846...

Category: Property Law | Date: | Hits: 32

Bank of Credit and Commerce Vs. Sufia Re-Rolling and Steel Mills Ltd. Dhaka and others, 2010, 39 CLC (AD)

....ourt). Abdul Wadud Bhuiyan, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record- the Respondents. Civil Petition for Leave to Appeal No. 388 of 2009. (From the judgment and order dated 02.12.2008, 2009 passed by the High Court Division in Writ Petition No. 6254 of 2008 (analogou......s of the case and the terms of the decree we do not find any merit in this leave petition. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 819.......s of the case and the terms of the decree we do not find any merit in this leave petition. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 819...

Category: Civil Law | Date: | Hits: 75

Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)

.... Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 5 Not represented- Respondent Nos. 1-4 and 6-9. Civil Petition for Leave to Appeal No. 928 of 2008. (From the judgment and order dated the 11th day of February, 2008 passed by the High Court Division in Writ Petition No.2004 of 2...... the 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) 811....... the 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) 811...

Category: Property Law | Date: | Hits: 25

Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)

....li Sikder, Advocates, — For Respondent No.1. First Miscellaneous Appeal No. 145 of 2002. Judgment Md. Abdur Rashid J. - This appeal was presented by defendant Nos. 1 and 2 against an order dated 22-1-2002 passed by Joint District Judge, Court No. 3 at Chittagong in Other Suit No. 217 of 2......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515.......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...

Category: Property Law | Date: | Hits: 33

Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)

.... Court of the Assistant Judge Hatia, Noakhali. Section 96 of the State Acquisition and Tenancy Act, 1950 obliges a pre-emptor to file his application for pre-emption, within 4 months, either from the date of transfer of the ‘case land’ to the transferee or from the date of knowledge of such tran......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507.......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...

Category: Property Law | Date: | Hits: 37

Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)

.... has submitted that cognizance was taken by the learned Magistrate under section 138 of the Negotiable Instruments Act, 1994, but according to him, legal notice was not served within 15 days from the date of dishonoring the cheque issued by the accused petitioner. So, he has argued that taking of co......n of complaint it appears that after giving a specific promise of returning the amount accused petitioner took Taka 1,20,000 from complainant and the cheque which he issued for repayment of money was dishonoured. As the amount was taken after giving a specific promise of returning the amount within ......izance was taken by the learned Magistrate under section 138 of the Negotiable Instruments Act, 1994, but according to him, legal notice was not served within 15 days from the date of dishonoring the cheque issued by the accused petitioner. So, he has argued that taking of cognizance was in violatio..

Category: Criminal Law | Date: | Hits: 28

Bangladesh Shipping Lines Ltd. Vs. Commissioner of Customs, Chittagong and others, 2002, 31 CLC (HCD)

....n, Advocate‑ For Opposite Party No. 3. Civil Revision No. 5243 of 2000. Judgment Md. Abdur Rashid J.- This Rule arises out of an order of the Third Court of Subordinate Judge at Chittagong dated 13‑8‑2000 passed in Other Suit No. 23 of 1999, which rejected an application for amendment......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 55 DLR (2003) 166. ..

Category: Procedural Law | Date: | Hits: 60

Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)

....tate. Criminal Appeal No.281 of 1986 Re-Criminal Appeal No. 46 of 1998 Judgment Md. Abdul Aziz J. - This criminal appeal is directed against the impugned judgment and order of conviction dated 26-8-86 passed by the learned Sessions Judge Perojpur on Sessions Case No. 21 of 1986 convicti...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502....... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...

Category: Criminal Law | Date: | Hits: 30

Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)

.... was obtained by the preemptor- petitioner of the Miscellaneous Case No. 36/1994 upon making an application for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13-7-1998 passed by the learned District Judges, Serajganj in Miscellaneous Appeal No. 37 of 1......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..

Category: Procedural Law | Date: | Hits: 75

Delwar Hossain (Md.) Vs. Government of the People’s Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....No. 743 of 1996. Judgment Syed Mahmud Hossain J. - In this Rule Nisi the writ petitioner challenges the direction given by the learned Subordinate Judge (respondent No.4 his judgment and decree dated 16-4-1990 (Annexures D and F to the Writ petition) passed in Money Suit No. 2 of 1989 to respo...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 494.......e the Court from where it is found that respondent No. 5 deposited Taka 16,000 in cash and that the Writ petitioner admitted his signature in the deposit-slip in his evidence and that the issuance of cheque by respondent No. 5 and return of the same to him were not proved at all. The aforesaid findi..

Category: Civil Law | Date: | Hits: 76

Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)

.... Md. Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1 & 3-31. Civil for Leave to Appeal No. 2281 of 2009. (From the judgment and order dated 02.07.2008 passed by the High Court Division in F. M. A. No.168 of 2001.) Judgment Md. A......ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ......ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ..

Category: Trust/Waqf Law | Date: | Hits: 183

Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)

....on-Record- For the Appellants. Saheed Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent. Civil Appeal No.197 of 2004. (From the judgment and order dated 04.07.1999 passed by the High Court Division in Writ Petition No.705 of 1998.) Judgment ...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ..

Category: Employment/Service Law | Date: | Hits: 80

Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)

.... T.H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents (In both the appeals). Civil Appeal Nos. 149-150 of 2005. (From the judgment and order dated 14.12.2004 passed by the High Court Division in Writ Petition Nos. 5512, 4338 of 2003 with Wri......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505.......the Government situated in the heart of the city sought to be allotted to the Samabaya Samity for a long term without following the Nitimala for lease of such land and the loss caused to the public exchequer. 5. While Mr. M.K. Rahman, the learned Additional Attorney General was making submissions..

Category: Property Law | Date: | Hits: 28

Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)

....r. Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1515 of 2009. (From the judgment and order dated the 20th day of May, 2009 passed by the High Court Division in Civil Revision No.4741 of 2006)......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...

Category: Property Law | Date: | Hits: 42