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Hazera Begum Vs. Artha Rin Adalat and others, 2007, 36 CLC (AD)
....Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hazera Begum…………………….Appellant Vs. Artha Rin Adalat and others .........Respondents Judgment April 17, 2007. Lawyers Involved: ......d not be a bar in passing the impugned order for issuing warrant of arrest and detention of the judgment-debtor appellant, a women, in civil prison if it (Artha Rin Adalat) considered fit and proper for the sake of realisation of money. 5. Leave was granted to consider th..Category: Civil Law | Date: | Hits: 111
BFDC Vs. The Chairman, First Labour Court, Dhaka and another, 2008, 37 CLC (AD)
.... M. Ruhul Amin J Md. Abdul Matin J Bangladesh Film Development Corporation, Tejgaon, Dhaka.......Petitioner (In all cases) Vs. The Chairman, First Labour Court, Dhaka and another......Respondents (In all cases) Judgment January 3, 2008. Lawyers......pon arriving at the finding that enquiry conducted against the petitioners in the complaint cases was not in accordance with law and the petitioners of the complaint cases were not given proper opportunity to defend themselves, that the opposite party in the complaint cases i.e. petiti..Category: Labour and Industrial Law | Date: | Hits: 109
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
.... Md. Abdul Matin J Dr. Mohammad Sarwar Ramiz & others................Appellants (In Civil Appeal No. 209 of 2005) Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Bangladesh Secretariat, Ramna, Dhaka & others………............of relevant papers and documents issued interview cards to all the suitable candidates including the writ petitioners and the present petitioners; that after holding interview properly and on scrutiny of the documents filed and after application of mind, the PSC select..Category: Employment/Service Law | Date: | Hits: 100
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....resent: M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mirza Saifuddin Hasan.......... Petitioner (In Criminal Petition No. 117 of 2004) Sheikh Abul Hossain and others......Petitioners (In Criminal Petition No. 118 of 2004) Vs. The State...........rs are innocent and they did not forge or create the bills or advices as alleged and those bills came to them in the regular course of business from the District Accounts Office, D.A.O. with proper embossing seals and authority and as per the advices payment was made to the cashier of the ..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....order dated 25.8.2003 passed by the High Court Division in Criminal Appeal No. 2438 of 2000). Judgment Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order of conviction and sentence dated 25.8.2003 passed by the High Court Division in Criminal......mination, was that the petitioner and others are innocent and they did not forge or create any bill or advice and those bills came to them in a regular course from the District Accounts Office with proper embossing seal and authority and as per the advice payment was made to the cashier of the off..Category: Anti-Corruption Laws | Date: | Hits: 81
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
.... Case is also Reported in: IV ADC (2007) 964. ......ullah, father of the petitioners and then Sonaullah in Agrahayan 1362 B.S, executed and registered a kabuliat in favour of Nagendra Bala; after the death of Sonaullah the petitioners inherited the property left by Sonaullah; the defendant No.1 on 15th Kartic 1394 B.S, on the basis of the record ..Category: Property Law | Date: | Hits: 30
Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)
....ir Husain CJ M.M. Ruhul Amin J Amirul Kabir Chowdhury J Bangladesh Biman Corporation represented by its Managing Director, Balaka Bhaban, P.S. Cantonment, ZIA, Kurmitola, Dhaka and another ...........Petitioners Vs. Riaz Uddin Ahmed and others .........Responden......ner the then Deputy General Manager (internal audit) of the Biman was appointed as inquiry officer to probe the allegation against the writ petitioner and that the Inquiry Officer did not hold any proper inquiry nor examined witnesses duly and submitted a report to the serious prejudice of ..Category: Employment/Service Law | Date: | Hits: 72
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Mustaque Alam Chowdhury and another............Petitioner Vs. The Court of Joint District and 2nd Artha Rin ...... immovable assets of the proforma respondent No.3. Yet, the respondent No. 2 filed the suit as a money suit and omitted to pray for foreclosure of the said mortgage or for the sale of the mortgaged property to recover the money allegedly due. Such omission amounted to a relinquishment ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....late Division (Civil) Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J Bangladesh represented by the Secretary, Ministry of Works and others...... Appellants Vs. Miss Nasima Khatoon and others.......Respondents ...... 2. The facts, in short, are that the respondent Nos.1 to 3 daughters and son of late Md. Akhtar and late Most. Badrunnessa, filed Settlement Case No. 450 of 1987 challenging the inclusion of the property at 32/4, Sher Shah Suri Road within Block-'D' of the Mohammadpur Housing Estate, Dhaka in ..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....sif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......ction after giving the opportunities to the parties to place their respective cases in full. It was also directed by the said order that the status quo should be maintained in respect of the disputed properties till the disposal of the petition for temporary injunction. The appellants having moved t..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 1999, 28 CLC (AD)
..... Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Position for Leave to Appeal No. 85 of 1999. (From the judgment and order dated May 5, 1999 passed by the High Court Division, Dhaka in Criminal Appeal No. 655 of ...... May 30, 1999. The Code of Criminal Procedure, 1898 (V of 1898) Section 498 In case of appeal against a short period of sentence bail should be ordinarily granted in the exercise of a proper discretion…….(4) Lawyers Involved: Abdus Subhan, Senior Advocate..Category: Criminal Law | Date: | Hits: 50
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....ioner & others, Comilla……………………..Respondents Judgment May7, 2006. Cases Referred To- Md. Afaz Uddin Mollah and others vs. Md. Maizuddin Shaikh, BCR 1983 (AD) 48. Lawyers Involved: &......ied there leaving behind no issue; one Syed Md. Barek, the predecessor of defendant No.1, was staying in the said "Faruki House" with his family and G.M. Faruki did not transfer any property to the said Syed Md. Barek; according to the provisions of the State Acquisition and ..Category: Property Law | Date: | Hits: 27
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....Appellate Division (Civil) Present Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mvi. Md. Shafiqur Rahman and another ………….......Petitioners Vs. Ambia Khatoon and ...... available to the pre-emptor to set aside the order for dismissal for default and section 96(13) would not be a bar in such proceeding. 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: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
.... Vs. Government of Bangladesh & others .........Respondents Judgment November 30, 2006. Result: The petition is dismissed. Cases referred To- Abdur Rashim vs. Md. Rezauddin and others, 5 BLC (AD) 76; Md. Ashraf Ali and another vs. Fatiq Chandra Saha and others, 1983 BLD (A......a, that the alleged agreement for sale dated 30.8.1947 is forged and fabricated; the original owners Surendra and Dijendra having left for India in the year 1965 the suit land, at first, became enemy property and subsequently became vested property and government had been possessing the suit land by..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
.... ADC (2008) 40. ...... it was found that there was no old road. The High Court Division also found that both the courts below concurrently held that the plaintiffs could establish their right, title and interest in the property and further the report of the Advocate Commissioner, Ext.3, which formed part of the judgm..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
....in J Md. Tafazzul Islam J Atiqullah alias Atik ………………...Petitioner Vs. Mohammad Safiquddin being dead his heirs: Rashida Begum and others ...........Respondents Judgment August 23, 2006. Lawyers Involved: ......otally ignoring the documentary evidence indicating plaintiffs exclusive possession in the suit land" and the High Court Division further held that the appellate Court "without properly assessing the evidence in the light of the pleadings of the parties and also ignoring the ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....esented-For Respondent Nos. 2, 5-7, 9-11, 13, 15-16, 19, 21-24, 26-28, 31 & 33-35 (In Civil Appeal No. 39 of 2005). Civil Appeal No. 38-39 of 2005. (From the judgment and order dated 29.08.2004 passed by the High Court Division in Writ Petition Nos. 8254 of 2002 an......not provide for in toto absorption of the Project personnel of Phase-I to Phase-II of the Project. The relevant portion of the Phase-II Project Pro-forma reads as under: "However, for the proper implementation, supervision and monitoring of the Project activities provision has been mad..Category: Constitutional Law | Date: | Hits: 146
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....……………….Petitioner Vs. Md. Rafique Ahmed.....Respondent Judgment August 1, 2007. Lawyers Involved: Muhammad Ali Akanda, Deputy Attorney General instructed by Md. Sajjadul Huq, Advocate-on-Record-For the Petitioner...... trial Court for trial. 3. Mr. Muhammad Ali Akanda, learned Deputy Attorney General, appearing for the petitioner submitted that the judgment and order of the High Court Division is neither proper nor in accordance with law and facts of the case. The learned Deputy Attorney General furth..Category: Criminal Law | Date: | Hits: 62
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
.... Rahman ………………......Respondent Judgment January 15, 2007. Trial of Cross Cases It is well-settled that if there is a case and a counter case, both the cases are required to be tried simultaneously one after another. The t......rder to use their evidence which was not done and so in this backdrop of the case, there had been another miscarriage of justice. 8. We are of the view that the High court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The..Category: Criminal Law | Date: | Hits: 58
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul Kabir Chowdhury J Swapan Roy and others……………........Petitioners Vs. Shashadhar R......h Court Division in Civil Revision No.6823 of 2003 discharging the Rule. 2. The plaintiffs instituted Title Suit No.10 of 1991 in the Court of Assistant Judge, Khulna for partition of ejmali property and for separate saham in respect of 3.23 acres of land stating, inter alia, that an area..Category: Property Law | Date: | Hits: 23
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