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Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)

....rd-For the Petitioners. (In both the cases) Not represented- the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1360 and 1377 of 2009. (From the judgment and order dated the 20th day of April, 2008 passed by the High Court Division in Writ Petition No. 2597 of 200......id purportedly acquired lands had not been used by the Roads and Highways Division and the same should deem to be released from the attire of acquisition; that the respondents did not issue any fresh notice for acquisition and requisition and the lands were unused and unutilzed for long 50 years; th......mir-ul Islam, Senior Advocate instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. (In both the cases) Not represented- the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1360 and 1377 of 2009. (From the judgment and order dated the 20th day o..

Category: Property Law | Date: | Hits: 59

Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)

.... Petitioners. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1-5. Not represented-Respondent No. 6. Civil Petition for Leave to Appeal No. 2380 of 2009. (From the judgment and order dated 05.10.2009 passed by the High Court Division in Civil Revision No.2245 of 2007.) Judgment ......rced in any court of law. In the premises, we do not find any sub­stance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134.......min, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mohammad Ali, Advocate-on-Record-For Respondent Nos. 1-5. Not represented-Respondent No. 6. Civil Petition for Leave to Appeal No. 2380 of 2009. (From the judgment and order dated 05.10.2009 passed by the..

Category: Property Law | Date: | Hits: 61

Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)

....instruct­ed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 362 of 2009. (From the judgment and order dated 1.6.2008 passed by the High Court Division in Writ Petition No.406 of 2004.) Judgment Su......entire property in his favour. 5. We have perused the impugned judg­ment along with the writ petition and the documents annexed with it. The lands in question were acquired as back as in 1953 and notice of acquisition under section 5(7) of the (Emergency) Requisition of Property Act, 1943 was se......ber 3, 2010. Lawyers Involved: Md. Awlad Ali, Senior Advocate, instruct­ed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 362 of 2009. (From the judgment and order dated 1.6.2008 passed by the Hi..

Category: Property Law | Date: | Hits: 58

Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)

....tes - For the Petitioners. Not represented- the Opposite Parties. Civil Revision No. 3542 of 1996. Judgment This Rule is at the instance of the defendants, against the judgment and decree dated 23-8-95 passed in Title Appeal No.111 of 1992 by the Court of Subordinate Judge, 1st Court, Ma......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......of the defendants on the suit property comprising an area of 0.47 acre land. 3. It is the case of the plaintiffs that said Gouranga Chandra Das entered into an oral agreement to sell the suit land for Taka 10,000.00 only, to the plaintiff and accordingly, on 8th of Ashin, 1389 BS it was settled t..

Category: Property Law | Date: | Hits: 108

Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)

....under section 233 of the Companies Act. The petitioners, on the other hand, have filed an application for discovery and production of documents specified in paragraph 5 of the supplementary affidavit dated 10th June, 1999 filed by the petitioners. 2. Mr. Mahmudul Ahsan, learned Advocate for respo......y merit inasmuch as the respondents already had the opportunity to agitate the maintainability of the main application before the same was admitted by this Court as the respondents were directed by a notice to show cause why the main application should not be admitted and the respondents availed of ......, lftekhar Ahmed, Advocates—For the Petitioners. Syed Mahmudul Ahsan, Advocate—For the Opposite Parties. Matter No.151 of 1997. Judgment Respondent Nos.1-3 have filed this application for summary dismissal of the main application filed by petitioners under section 233 of the Companie..

Category: Company Law | Date: | Hits: 235

Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)

....ral—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 10-7-97 passed by Additional Sessions Judge, Court No.3 Dinajpur in Criminal Revision No.92 of...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... CS Khatian No.3 of mouza Narayanpur sold 0.15 decimals out of that plot to him but subsequently when he came to know that the accused petitioner Nos. 2 and 3 are actually not the owners, he demanded for refund of the consideration money. An enquiry was held by Thana Revenue Officer, in view of the ..

Category: Criminal Law | Date: | Hits: 67

Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)

....ucted by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1154 of 2009. (From the Judgment and order dated 05.02.2009 passed by the High Court Division in Writ Petition No. 2438 of 2004) Order AB......so withdrawal of his order of suspension. On its denial, the respondent No.1, renewed its such recom­mendations twice over but without suc­cess, rather, on the advice of the Supreme Court, a second notice to show-cause was issued upon the writ-petitioner on 20.11.2003. This was challenged in Writ ......n-Record-For the Petitioners. AK Badrul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1154 of 2009. (From the Judgment and order dated 05.02.2009 passed by the..

Category: Employment/Service Law | Date: | Hits: 73

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

.... the Respondent No. 5. Writ Petition No. 4828 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kha/99-1575 dated 17-11-1999 (Annexure-A) issued by respondent No.2 shall not be declared to have been made and ......desh Bank to such an illegal reschedulement. This has affected the interest of the IFIC Bank, as well as the shareholders, including the petitioner. In such a situation, the petitioner served a legal notice upon the respondent No.2, who issued the ‘No objection’ letter, with a request to withdra......lam Brothers Properties Limited is a borrower of IFIC Bank, the respondent No.3. The Chairman of the Bank is also the Chairman and the Managing Director of the Islam Brothers Properties Ltd. and therefore has vested interest in the latter. The Company has huge outstanding dues with IFIC Bank which w..

Category: Business or Commercial Law | Date: | Hits: 208

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

....Salam Mondal, Deputy Attorney-General instructed by Md. Mushfiqur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 51 of 2010. (From the judgment and order dated the 19th day of August, 2009 passed by the High Court Division in Writ Petition No. 3354 of 20......0.08.2006. The petitioner also furnished performance guarantee for TK.73, 40,470.58 on 27.07.2006, the petitioner informed respondent No.5 in writing that during joint visit certain problems had been noticed and requested respondent No.5 for joint survey of the road alignment from Baniachang-Ajmirig...... Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Abdul Salam Mondal, Deputy Attorney-General instructed by Md. Mushfiqur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 51 of 2010. (From the judgment and order dated the 19th day of August, 20..

Category: Others | Date: | Hits: 118

MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)

....e-on-Record-For the Petitioners (In all the cases) Not represented- the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 1033-1035 of 2009. (From the judgment and order dated 08.04.2009 passed by the High Court Division in Writ Petition Nos.7046, 7047 and 7048 of 2008)......mortgaged their properties in favour of National Bank of Pakistan, Agrabad Branch, the writ-respondent No.1, in order to secure the loan obtained by him. On his failure to repay, the bank published a notice in the newspapers on 18.08.2008 to sell the properties mortgaged in its favour by auc­tion o......iqur Bulbul Chowdhury, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners (In all the cases) Not represented- the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 1033-1035 of 2009. (From the judgment and order dated 08.04.2009 passed ..

Category: Property Law | Date: | Hits: 54

Anti-Corruption Commi­ssion Vs. Shamima Begum & others, 2009, 38CLC (AD)

.... Petitioner (In all cases). Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1658-59 of 2008. (From the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition Nos. 10744 of 20......e petitioner and that on the absence of violation of any mandatory procedural provision the High Court Division stayed of proceedings allowing the offenders to escape criminal justice inasmuch as the notice in this case is the tool to­gether evidence on assets and it is in no way con­cerned with n......am Khan, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioner (In all cases). Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1658-59 of 2008. (From the judgment and order dated the 28th day of July..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)

.... Mrs. Nahid Yesmin, Deputy-Attorney General (Appeared with the leave of the Court)-For the Respondents. (In all the appeals) Civil Appeal Nos. 102-122 of 2000. (From the judgment and order dated 03.06.1998 and 12.01.1998 passed by the High Court Division in Writ Petition Nos.1015, 1016, 1......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ......customs duty and tariff value at an enhanced rate of U.S. $ 3.50 per Kg. on secondary quality Tyre cord fabrics. The respective writ-petitioners main contention are that they opened letters of credit for import of secondary quality Tyre cord fabrics and as such enhancement of customs duty directing ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)

...., Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Not Represented-For the Respondents. Civil Review Petition No. 31 of 2009. (From the judgment and order dated 3.8.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.477 of 2007......sioner (lands) called for a report from the local Tahsil Office. The local Tahsildar submitted a report on 6th June, 1995 stating that the suit property is not vested property and in spite of that, a notice dated 16th September, 1997 had been served upon the plaintiffs and thus the plaintiffs instit......For the Petitioners. Not Represented-For the Respondents. Civil Review Petition No. 31 of 2009. (From the judgment and order dated 3.8.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.477 of 2007.) Judgment SK Sinha J. - By this petition the petition­ers..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)

....n No. 847 of 2010). Not represented-Respondent Nos.2-9 (In Civil Petition No. 847 of 2010.) Civil Petition for Leave to Appeal Nos.2515 of 2009 with 847 of 2010. (From the judgment and order dated 02.11.2009 and 18.03.2010 passed by the High Court Division in Writ Petition Nos. 9231 of 2008......tween Ministry of Communication and Ministry of Local Government regarding the dispute of ownership of the aforemen­tioned roads, the matter could not be set­tled. Thereafter, the petitioner served notice demanding justice upon the respon­dents for immediate settlement of the mat­ter and to allo......cted by A. K. M. Shahidul Huq, Advocate-on-Record-For Respondent No.1 (In Civil Petition No. 847 of 2010). Not represented-Respondent Nos.2-9 (In Civil Petition No. 847 of 2010.) Civil Petition for Leave to Appeal Nos.2515 of 2009 with 847 of 2010. (From the judgment and order dated 02.11.2..

Category: Others | Date: | Hits: 165

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....y referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and order dated 29-5-2006 passed in Sessions Case No.28 of 2006 for commission of the offence under sections 1......stated that in the month of March/April 2005 Moulana Siraj (PW 6) accompanied by another person came to him (PW 3) and informed the intention of the other person for renting the house with a "To-Let" notice. So PW 3 referred them to Nazmul Huda Liton (PW 7), the caretaker of the said house owned by ......Md. Ali Asgar Khan J. - This Death Reference under section 374 of the Code of Criminal Procedure (shortly referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and or..

Category: Criminal Law | Date: | Hits: 224

Hiru Mia Vs. State, 2005, 34 CLC (HCD)

....rney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal, Sylhet i......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......e judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal, Sylhet in Special Tribunal Case No. 212 of 2000 convicting the jail appellant Hiru Mia for the offence punishable under sections 19(a) and 19(f) of the Arms Act and sentencing him there u..

Category: Criminal Law | Date: | Hits: 63

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

....pital, Lakshmipur and on that day (16-12-98) constable No. 10 Faridul Alam brought the dead body of Abdul Khaleque, aged about 35 years, to him in connection with Lakshmipur Police Station Case No.17 dated 16-12-98 and identified the same to him and thereafter he (PW 6) held an autopsy on the dead b......isoners by PW 1 and PW 3 in the Test Identification Parade cannot be accepted in the facts and circumstances and on the basis of evidences on record. In this connection we shall have to take judicial notice of some of the relevant depositions of PW 1, PW 2, PW 7 and PW 8 and analyse their applicatio......o. 3203 of 2001. Judgment Md. Ashfaqul Islam J. - This death reference No. 36 of 2001 under section 374 of the Code of Criminal Procedure has been made by the learned Sessions Judge, Lakshmipur for confirmation of the sentence of death imposed upon the condemned prisoners (1) Md. Ibrahim, (2) ..

Category: Criminal Law | Date: | Hits: 91

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....the Respondents. First Miscellaneous Appeal No. 57 of 2002 with (Civil Rule No. 156 (FM) of 2002). Judgment Md. Abdur Rashid J. - Purchaser (pre-emptee) presented the appeal against an order dated 11-12-2001 passed by the Subordinate Judge. Court No, 2 at Jessore in Miscellaneous Case No. 1......ar Das, opposite party No.3 in the application, by a registered deed being No. 4715 dated 2-6-97 transferred the case land to the appellants at a consideration of Taka 3,00,000 without service of any notice upon the co-sharers and behind their back. On 13-8-97 obtaining certified copy of the impugne...... No. 1 of 2000, which allowed pre-emption. 2. Respondent No. 1 on 2-9-97 made an application under section 96 of the State Acquisition and Tenancy Act, 1950 being Miscellaneous Case No. 25 of 1997 for pre-emption of transfer of the case land measuring about 2.89 acres of land appertaining to SA K..

Category: Property Law | Date: | Hits: 69

Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)

.... Siddiqur Rahman Miah J. - This revisional application under section 115(4) of the Code of Civil Procedure at the instance of the plaintiff opposite party is directed against the judgment and order dated 27-11-2005 passed by the learned District Judge, Narayanganj, in Civil Miscellaneous Case No. ......justice. 10. Now let us see the law regarding the transfer of case which is enumerated in section 24 of the Code of Civil Procedure: "24. (1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion wit......tiff-opposite party-petitioner (hereinafter referred to as petitioner) instituted a Money Suit being Money Suit No. 2 of 2003 in the Court of the learned Additional Joint District Judge, Narayanganj, for recovery of money amounting to Taka 27,14,28,735.33 as compensation from the defendants-petition..

Category: Civil Law | Date: | Hits: 92

Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)

.... of 2000. Judgment Siddiqur Rahman Miah J. - This Rule at the instance of the defendant-appellant under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 2-8-2000 passed by the learned District Judge, Manikganj in Family Appeal No. 18 of 1999 dismi......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......in Liza (Minor) as plaintiff filed the Family Suit No. 13 of 1997 in the Family Court and Assistant Judge Court, Shaturia, Manikganj against the petitioner Md. Abdul Aziz, impleading him as defendant for realisation of maintenance under section 5(d) of the Family Courts Ordinance, 1985. 3. The ca..

Category: Family Law | Date: | Hits: 214