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Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
....rder of the High Court Division or in the order of the learned Assistant Judge accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 875. ......Division the petiÂtioners filed this petition for leave to appeal. 12. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that the High Court Division rightly held that the order of the ......e Division (Civil) Present: Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J ABM Khairul Haque J Surendra Kumar Sinha J Begum Firoja Siddique and another…………….........Petitioners Vs. Md. Nizamul Islam (Nizam) and others……â......cated the earlier order relating to the ascertainment of the valuaÂtion of the suit and accepted valuation mentioned in the plaint to be final. 9. The petitioners at the time of hearing filed two documents which show that the valuation of the land would be not less than twenty lacs but the learn..Category: Civil Law | Date: | Hits: 65
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....chedÂule land are the representatives of the whole villagers of Angarjure restraining the defendant permanently from peaceful use and enjoyment of the suit land by the people of Angarjure. 3. The relevant facts, in short, are that the schedule land was a part of former resurvey settlement plot N......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873.......Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abdul Noor and others……………………...Petitioners Vs. Abdul Jabbar and others………………......erial or new ground for consideration. Thus we do find any merit in the Review Petition. Accordingly, the Review Petition is rejected. Ed. This Case is also Reported in: VII ADC (2010) 873...Category: Property Law | Date: | Hits: 27
....ch was however of the view that the opinion of the Chief Justice should be before them at the time of hearing and Secretary, Ministry of Law, Justice and Parliamentary Affairs was directed to produce relevant papers containing the opinion of the Chief Justice about the appointment of aforesaid six J......rdship then was.
4. In Writ Petition No. 2975 of 2003 an application was moved for a direction upon the Secretary. Ministry of Law and Justice and the Registrar of the Supreme Court to produce the papers relating to recommendation of the Honourable Chief Justice in connection with appointment of ......e
Supreme Court
High Court Division
(Special Original Jurisdiction)
Present:
Md. Abdur Rashid J
SK Sinha J
Nazmun Ara Sultana J
Syed Md. Ziaul Karim J
Idrisur Rahman (Md.) and others.………………………Petitioners (In Writ Petition No. 1543 of 2003)
with
Md.......dence of Judiciary. This expectation of the writ petitioners is fundamental and natural and there cannot be any departure from the established practice being followed over thirty years.
Privileged documents
300. The next point is immunity claimed by the Government in respect of the papers and ..
Category: Constitutional Law | Date: | Hits: 253
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....ooks is disÂpensed 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 disÂpensed 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.......reme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Arshad Hossain Haider and others………….........Petitioners Vs. Suza Uddoula and others………......Responden......perty to said Rahim Baksh and that Rahim Baksh never owned and possessed the suit property; that the deed of sale alleged to have been executed and registered by Rahim Baksh is a forge and fabricated documents; that defendant No.1 has not acquired any right, title and interest in the suit property o..Category: Property Law | Date: | Hits: 32
....he above, we find no subÂstance 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) 826.
...... Court to show that Mohammad Mohib was in Bangladesh during the war of liberation and there is no material to show that Mohammad Mohib was recognized as a Bangladeshi national. Therefore, the annexed papers recording Mohammad Mohib are prepared and transferred afterwards and do not inspire any confi...... Involved:
M. I. Farooqui, Senior Advocate instructÂed by Md. Nawab Ali, Advocate-on-Record-For the Appellants.
Ex-parte-the Respondents.
Civil Appeal No. 446 of 2001.
(From the judgment and order dated the 8th day of August, 1996 passed by the High Court Division in Writ Petition No.80......e the Rule absolute. The learned Counsel further subÂmitted that the High Court Division acted as a Court of Appeal while reviewing the impugned judgment of the Court of Settlement and found the two documents marked as Annexure-D and Annexure-E were forged and created inasmuch as the question of th..
Category: Property Law | Date: | Hits: 41
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ......med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ...... Case is also Reported in: 54 DLR (2002) 519. ......k the view that the uncles who challenged the gift of the property by late Zahirul Islam in favour of his minor daughter in civil suits cannot think for the interest of the minor, which was proved by documents. In such view of the matter, the learned Assistant Judge rejected the application of the p..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....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....... also Reported in: 54 DLR (2002) 515.......eds to get in his share in the suit. 15. In order to appreciate the case of the plaintiff, we have stated the facts in detail. There is no dispute between the parties about successive sales by the documents mentioned herein above. Originally, there was 34 decimals of land in RS Plot No. 2702 of w..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
.... concerned here with any rules framed by the Supreme Court under its rule making power under section 122 of the Code. For our present purpose the rules contained in the first Schedule to the Code are relevant. Rules contained in Order XLI of the first schedule to the Code, regulates the powers and f......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.......l Mannan & another…………………………….Respondents Judgment November 28, 2001. Cases Referred- Promotha Nath Mazumdar vs. Nagendra Nath Mazumdar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 77. Lawyers Involved: M Enayetur Rahim, A......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
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ......evisional application that the accused opposite parties committed offence punishable under sections 417/420/467/471/109 of the Penal Code and section 5(2) of Act II of 1947 by forging and fabricating papers that resulted in obtaining ex parte decree from the Court by suppressing the summons. The lea......isdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Syed Ahmed Chowdhury………………. Petitioner Vs. Abdur Rashid Mridha, Retired Process Server, 2nd Munsif Adalat and 15 ors…….. Opposite Parties Judgment April 24, 2002. Lawyers Involved: Md. Mo......ent Act, 1958 (Act XL of 1958). He then submits that under section 241A of the Code of Criminal Procedure contained in Chapter XX of the Code, the Court is obliged to consider the case record and the documents sent therewith. He then refers to the First Information Report and the charge-sheet and su..Category: Criminal Law | Date: | Hits: 29
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
.... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496.......oint out any defects in the book version of the accounts so far as it relates to the purchase and sale of the insecticide. He has further argued that the Deputy Commissioner of Taxes having found the papers viz receipts regarding purchase and sale, are verifiable, the stock register was not an essen......ribunal, Division Bench 2, Dhaka. This reference is relating to assessment year 1993-94. 2. The facts, in brief, are that the assessee-applicant is a company incorporated under Companies Act, 1913 and engaged in business selling insecticide and tubewell parts. The assessee filed income tax return...... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496...Category: Fiscal/Taxation Law | Date: | Hits: 69
.... can file an appeal although he is not a party in the suit. In this respect reliance may be made in the case of HM Saya & Co. Vs. Wazir Ali Industries Ltd. and Habib Bank Ltd. 21 DLR (SC) 50. The relevant portion of the judgment of the said case is as follows:
“Section 96 of the Civil Proce...... 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.......Jurisdiction)
Present:
Syed J R Mudassir Husain J
Syed Mahmud Hossain J
Delwar Hossain (Md.)………………….Petitioner
Vs.
Government of the People’s Republic of Bangladesh and others...Respondents
Judgment
October 25, 2001.
Cases Referred To-
HM Saya & C...... 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...
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
.... PW 4 was the SI of Police who stated that the First Information Report was received by him at the police station and he filled up the FIR form. PW 5 was the officer, Bureau of Anti-Corruption at the relevant time and he stated that on 6-6-92 he issued a notice upon the appellant for furnishing part......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......¦â€¦Appellant Vs. State…….. Respondent Judgment December 11, 2001. Cases Referred To- Tarique Rahman vs. Director General Bureau of Anti-Corruption, Government of Bangladesh and others 52 DLR 518; Mustafizur Rahman and 3 others vs. DG Anti-Corruption & others 49 DLR 599......26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......given by this Division for stay of the execution does not suffer from any illegality in the facts and circumstances of the case as made out in the revision application. 11. We have perused all the papers annexed. We have also closely scrutinised the order dated 22-10-2001 passed by this Division ......s Case is also Reported in: 54 DLR (2002) 485. ......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
....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. ......ers and Mr. Md. Nurul Islam Chowdhury, the learned Advocate-on-Record appearing for respondent No. 2, and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that Meser Mohalder already transferred the case land to Tariqull......inur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mst. Nurjahan Begum being dead her heirs A.B.M. Tosaddeque Hossain also died his heirs A.K.M. Zakir Hossain and others...........................Petitioners Vs. Administrator of Waqfs and others..............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)
....ment, the date of dismissal, the total period of service, the educational qualification and the last place of service of the writ-petitioner has been given. The learned Advocate taking us through the relevant Section-8 of the Bangladesh Rifles (Special Provisions) Ordinance, 1976 and the second sche...... 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. ......Md. Muzammei Hossain J Surendra Kumar Sinha J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Appellants. Vs. Md. Anowar Hossain..................................Responde...... 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)
.... on the prayer for correction as made by the learned Additional Attorney General so far relates to the period of the lease, which has been mentioned in the allotment letter. 9. We have perused the relevant papers annexed to relevant writ petitions and the affidavit-in-opposition as well as the ad......rayer for correction as made by the learned Additional Attorney General so far relates to the period of the lease, which has been mentioned in the allotment letter. 9. We have perused the relevant papers annexed to relevant writ petitions and the affidavit-in-opposition as well as the additional ......e Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Secretary, Ministry of Land, Government of Bangladesh, Dhaka and others........Appellants (In both the appeals). Vs. H......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...Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......e petitioner, and Mr. Md. Nazrul Islam Talukdar, the learned Advocate appearing for respondent No. 1, and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. It appears that the trial Court and the appellate Court decreed the suit with c...... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mohar Ali Bhuiyan...............................Petitioner Vs. Michir Ali Bhuiyan and others.......................Respondents Judgment May 16, 2010. Lawyers Involved: Kh......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500...Category: Property Law | Date: | Hits: 20
Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653.......ointed by way of proÂmotion, he cannot be transferred. 5. We have heard the learned Advocate of the petitioner, the judgment and order dated 29.04.2008 passed by the High Court Division and other papers kept in the record. 6. It appears that the petitioner was origiÂnally appointed as a typi......vil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Md. Siddiqur Rahman………………….Petitioner Vs. Government of Bangladesh and others…………........Respondents Judgment October 5, 2009. Lawyers Involved: Ma......ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653...Category: Employment/Service Law | Date: | Hits: 71
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....n of result which was adjourned on 12.2.88. 8. In the context of the aforesaid facts and cirÂcumstances the affidavit filed by respondent No. 30 assumes some importance. He merely states that the relevant signature of the relevant persons were obÂtained on the forms and that there was proper co......10.2.88 as usual but at 12-30 P.M. rowdy elements took over the polling booths, snatched away the ballot paÂpers and started stuffing the ballot boxes after insertÂing 'plough' seal on those ballot papers. The 'Plough' belongs to the respondent No. 30. The PreÂsiding Officer was unable to conduct......s Republic of BanglaÂdesh, Through Secretary, MinÂistry of Local Govt. & Rural Development & others........Respondents Judgment December 5, 1988. Lawyers Involved: Amirul Islam and A. Razzaq, Advocates—For the Petitioner. Kazi A.T. Manowaruddin and Shirin Nahar, AdÂvocat......es at (b) and (c) the presiding Officers duly completed the polls and submitted the election results in official forms. The petitioner relies upon Annexure C l and therefore from the petitioner's own documents it is clearly established that polls at centres (b) and (c) were held properly and that re..Category: Election Law | Date: | Hits: 81
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....fs termination letter have been marked Exhibit 'E' and Exhibit 3 respectively and in title suit No. 188 of 1985 the plaintiffs termination letter has been marked Exhibit B. Photostat— copies of the relevant nothings in the Office file together with a list of employees have been marked Exhibit 'C a......he result, the Rules issued in Civil ReÂvision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94....... Judgment November 30, 1988. Cases Referred to- Asstt. Gen. Manager, Rupali Bank, Barisal & ors. Vs. Nurul Islam Miah, 39 DLR 167, the Managing Director, Janata Bank Vs. Hafijuddin Ahmed and others, 29 DLR (S.C.) 39, the State vs. Abdul Awal, 35 DLR 151, the Senior Manager, Dosta Textil......he result, the Rules issued in Civil ReÂvision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
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