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Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

....ion) in the Court of Senior Assistant Judge, Sadar, Noakhali for preemption of the case land claiming as co-sharer as well as holding lands contiguous to the lands transferred under section 96 of the State Acquisition and Tenancy Act. Petitioner's case in short is that Rashed Miah Bhuiyan, Tanu Miah......me Court Appellate Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J SK Sinha J Golam Mostafa Bhuiyan…………....Petitioner Vs. Abu Taher and others……………Respondents Judgment August 18, 2009. ...... J Golam Mostafa Bhuiyan…………....Petitioner Vs. Abu Taher and others……………Respondents Judgment August 18, 2009. Lawyers Involved: Abul Kalam Chowdhury, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ..

Category: Property Law | Date: | Hits: 33

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

.... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ...... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ...... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......on suited plot no. 643 meas­uring an area of .39 decimals of land belonged to Samena Bibi and her name was rightly recorded in C.S. Khatian. Samena Khatun subsequently defaulted to pay rents and the Talukder was going to file a suit for realization of rent when Samena Bibi executed Istafanama deed ..

Category: Property Law | Date: | Hits: 43

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

....o consider firstly, as to whether the alleged mutation in the name of the petitioner's mother was actu­ally made by a competent authority in accordance with the provision of section 117(1)(c) of the State Acquisition and Tenancy Act and the payment of rents in separate jama was proper, that as to w...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Muhammad Ali ....................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 20......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..

Category: Property Law | Date: | Hits: 27

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....e Suit No.11 of 1990 decreeing the suit. 2. Facts, in brief, are that the petitioner, as plaintiffs filed the above suit stating that Rani Harshamukhi Singha, land lady of Bhulua of the Pargan State under Touzi No.5, Noakhali Collectorate, police station Daganbhuiyan District-Feni was in poss......ion (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissio......and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ......and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ..

Category: Property Law | Date: | Hits: 24

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....ty Leader of the Opposition in Parliament and the Deputy Leader of Parliament, also addressed another letter to the Speaker, respondent No. 1 on 18.2.98 concerning the seat of Dr. Md. Alauddin now a State Minister (Annexure A1). They moved the Speaker for publication in Bangladesh Gazette by way of......) (1999) 1. ......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....Secretary, Finance Division, Ministry of Finance, Bangladesh Secretariat, Ramna, Dhaka and others.….Respondents. Judgment October 25, 2009. Case Referred to- Budhan Vs. State of Bihar AIR 195 (SC) 191. Lawyers Involved: A.H.M. Kamruzzaman, Advocate-For th...... Md. Shafiqul Islam Talukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Bangladesh, represented by the Secretary, Finance Division, Mi...... ...... ..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....No. 2 (respondent No. 2 herein), Dep­uty leader of the Opposition in Par­liament, addressed another letter to the Speaker on 18.2.98 (Annexure-Al) with regard to the seat of Dr. Md. Alauddin, now a State Minister, the contents of which are more or less the same. In these letters it has been allege...... Bimalendu Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament Secre­tariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..

Category: Constitutional Law | Date: | Hits: 138

State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)

....) 358. ......inal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J The State............Petitioner (In all the peti­tions) Vs. Akter Hossain @ Khokan and another……..Respondents (In Criminal Petition No. 262 of 20......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ...... Petition No. 263 of 2009) Alamgir and another…………….Respondents (In Criminal Petition No. 264 of 2009) Order July 30, 2009. Lawyers Involved: Nazrul Islam Talukder, Deputy Attorney General, instructed by B. Hossain, Advocate-On-Record-For the Petitioners ..

Category: Others | Date: | Hits: 66

Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)

....late Division (Criminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Sajjad Hossain……............Petitioner Vs. The State……….......................Respondent Judgment April 6, 2009. Lawyers......rt Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Sajjad Hossain……............Petitioner Vs. The State……….......................Respondent Judgment April 6, 2009.......volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ..

Category: Others | Date: | Hits: 66

State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)

....rt  Appellate Division  (Criminal)   Present:  Mohammad Fazlul Karim J  Md. Joynul Abedin J   Md. Abdul Matin J   Md. Abdul Aziz J  The State……………...Petitioner  Vs.  Md. Shahid Bepari @ Shahidullah and othersâ€......iminal)   Present:  Mohammad Fazlul Karim J  Md. Joynul Abedin J   Md. Abdul Matin J   Md. Abdul Aziz J  The State……………...Petitioner  Vs.  Md. Shahid Bepari @ Shahidullah and others…………....Respondents  Judgment......nd the omissions of vital evidence, we find that the prosecution has totally failed to prove this case beyond any reason­able doubt against other appellants namely accused Mokles, Md. Alfaz and Abul Kalam.  The learned Additional Sessions Judge, 3rd Court, Kishoregonj is not at all justifie......nce on record and call for no interference by this Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ..

Category: Criminal Law | Date: | Hits: 294

Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)

....fine of Tk.10,00,000/- (Taka ten lacs) and in default to suffer rigorous imprisonment for one year more and also confiscating the properties of the respondent No.1 and his dependants in favour of the State. 3. The Court of Special Judge, Special No.9, Dhaka took cognizance of the said case ag...... RuhuIAmin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Anti Corruption Commission rep­resented by its Chairman1, Segunbagicha, Dhaka…Petitioner Vs. Barrister Mohammad Shahjahan Omar and another........Respondents Order Apri......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ..

Category: Others | Date: | Hits: 106

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

....ellate Division (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The State, repre­sented by the Deputy Commissioner, Dhaka….......Petitioner Vs Md. Chow......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..

Category: Others | Date: | Hits: 98

State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

.... Case is also Reported in: VII ADC (2010) 344. ......C (2010) 344. ......ion is accordingly discharged and the respon­dents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......ion is accordingly discharged and the respon­dents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ..

Category: Others | Date: | Hits: 61

Md. Shamser Ali another Vs. Md. Shahajahan Ali and others, 2009, 38 CLC (AD)

....rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ......te Division (Civil) Present: Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Shamser Ali another……………………...Petitioners Vs. Md. Shahajahan Ali and others………….......Respondents Judgment Novemb......rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ......rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ..

Category: Procedural Law | Date: | Hits: 92

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....rived at a correct decision. 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) 330. ......: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others…………...........Respondents Judgment Februa......rived at a correct decision. 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) 330. ......rived at a correct decision. 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) 330. ..

Category: Property Law | Date: | Hits: 25

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Musammat Afroza Haque…………...Petitioner Vs. Miss Rowshan Ara Begum and others…..........Respondents Judgment August 2......ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..

Category: Property Law | Date: | Hits: 22

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......a Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and others…………. Petitioners Vs. Md. Abdul Kayum Miah............ Respondent Judgment January 18, 2010. ......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......retariat, Dhaka and others…………. Petitioners Vs. Md. Abdul Kayum Miah............ Respondent Judgment January 18, 2010. Lawyers Involved: Nazrul Islam Talukder, Deputy Attorney General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petit..

Category: Constitutional Law | Date: | Hits: 107

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......late Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Sher Mohammad being dead his heir Most Tara Bibi and others..........Petitioners Vs. Md. Munsur Ali and others ........................Respondents. Judgment December 14, 20......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ..

Category: Property Law | Date: | Hits: 51

Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

....espondent Nos. 1(a)-1(g) Md. Nuru Miah and  predecessor of respondent No. 2(a) Bazlu Miah as petitioners filed a petition in the Court of Assistant Judge, Shahrasti, Chandpur under Section 96 of the State Acquisition and Tenancy Act for an order of pre-emption in respect of land conveyed through sa......resent: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Gafur.....................Petitioner (In both the petitions) Vs. Pre-emptor No.1-Md. Nuru Miah being dead his heirs: Md. Muklesur Rahman and  others...............e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..

Category: Property Law | Date: | Hits: 27

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......s.............Petitioners Vs Malanch Bibi and others............................Respondents Judgment August 16, 2009. Cases Referred To- Shambhu Nath Poddar Vs. Bangladesh Railway and others 43 DLR (AD) 82; Government of Bangladesh, represented by the Secre......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ..

Category: Property Law | Date: | Hits: 20