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Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)

....er passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted Title Suit No.7 of 1997 in the Court of the Subordinate J....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...

Category: Procedural Law | Date: | Hits: 81

Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)

.... Abdus Samad Mondal to remove the structure and there­upon Abdus Samad Mondal claimed that he has share in the said land, and because of erection of tin shed there was serious bitterness between the parties, that at about 9.00 p.m. in the night following June 29, 1990 P.W.1 went to sleep in his nor......th, 1990 and thereupon Melandaha PS Case No.5 dated 30 June, 1990 was reg­istered under sections 449/302/114 read with section 34 of the Penal Code. 6. The Investigating Agency on comple­tion of investigation submitted charge sheet on September 1st, 1990 against 7 accused persons including the ..

Category: Criminal Law | Date: | Hits: 57

Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)

....e agreement that the defendant would receive the balance consideration within nine months and thereafter he would exe­cute and register the sale deed. Ultimately the defendant refused to perform his part of obligation and as such, he filed suit on 20th June, 1974. 3. The Defendant No.1 contested......with the concurrent find­ings of fact. 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) 518...

Category: Property Law | Date: | Hits: 23

Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)

....Leave to Appeal is directed against the judgment and order dated the 20th day of August, 2008 passed by the High Court Division in Writ Petition No.2936 of 2006 discharging the Rule arising out of ex parte judgment and decree dated 25.05.1999 passed by the Subordinate Judge and Artha Rin Adalat No.1......we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ..

Category: Banking Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

....cle 103 of the Constitution is for granting leave to appeal against the judgment and decree dated 23.02.2009 passed in First Appeal No.324 of 1997 by the High Court Division in allowing the appeal in part and thereby decreeing the Other Suit No.370 of 1994 dismissed by the learned Subordinate Judge,......order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486...

Category: Property Law | Date: | Hits: 38

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....e judgment and decree dated 30.08.1987 passed by the Monirampur Upazila Munsif Adalat, Monirampur, Jessore in Title Suit No.228 of 1984. 2. The facts, in short, are that the respon­dents-opposite party respondent Nos.1-3 as plaintiffs filed Title Suit No.228 of 1984 in the Court of the Monirampu......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478...

Category: Property Law | Date: | Hits: 27

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....391 B.S. Md. Siddiqur Rahman exchanged the property by registered instrument with the plaintiff and through that deed the plaintiff became owner and possessor of the scheduled land; that in the first part of Falgun, 1387 B.S. the defen­dant No.1 tried to dispossess the plaintiff on the plea of leav......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) 467...

Category: Property Law | Date: | Hits: 91

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

....e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279.   ......e No.24/216 corresponding to ACC GR No.1 of 2007 was lodged against Tariqul Islam and the petitioners for acquisition of assets disproportionate to known source of his income. After completion of the investigation, the police submitted a charge sheet against all of them for acquisition of assets dis..

Category: Anti-Corruption Laws | Date: | Hits: 168

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

....nsider them either independent or expert witnesses, rather, found their valuation unreliable. The High Court Division, on the other hand, relied on the depositions given by the officials of the Tax Department and Ext. 12 which were completely ignored by the learned Special Judge and set aside its fi......d a case was recorded under sections 26 and 27 of the Act, section 409 of the Penal Code, Section 5(2) of Act II of 1947 and rules 15, 15Ka, 15Kha, 15Gha(5) of the Emergency Powers Rules, 2007. After investigation, charge-sheet no. 189 was submitted on 29.04.2007 before the Metropolitan Senior Speci..

Category: Anti-Corruption Laws | Date: | Hits: 231

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

....os.1348, 1349, 1350, 1351 and 1352 of settlement khatian No.123 belonged to Zahiruddin who died before district settlement operation leaving behind his two sons Jamaluddin and Ashraf Ali. By amicable partition Jamaluddin got the entire lands of 11 decimals from plot No.1348 and entire 23 decimals fr......the northern part of the suit plot No.1350. As such they prayed for dismissal of the suit. 5. During the pendency the suit after the dispossession of the plaintiff, the plaintiff prayed for local investigation as to whether the schedule lands of deed dated 26.01.2005 attracts the southern portio..

Category: Property Law | Date: | Hits: 26

Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)

....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......s taken by the Council to cover up their own illegal act. 3. The writ petitioner filed the writ petition on the ground that there was no prima facie Case disclosed in the F.I.R. and without proper investigation and violating the provisions of the Anti Corruption Act, 2004 and the Rules thereunder..

Category: Anti-Corruption Laws | Date: | Hits: 159

Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)

....¦‚ আইন) but action in accordance with law are not much visible although there are instances of hundreds and thousands of violations of the environmental laws without any redress. Besides, the Department failed to implement the directions given by this Court in the above noted decision given in......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ..

Category: Environmental Law | Date: | Hits: 279

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....o why a direction should not be given to implement the decision of the Government dated 5th June, 1986, published in the Bangladesh Gazette on 7th August, 1986(Annexure C to the petition). 4. This part of the world which is now known as Bangladesh, had always been predominantly an agricultural ba......and 5, would render necessary co-operation to the Ministry of Industries in implementing the above decisions. 7. The grievance of the petitioner BELA, in this writ petition is that it made several investigations up and down the country to assess the improvement, if any, made in the ecology of the..

Category: Environmental Law | Date: | Hits: 345

Abul Hossain Vs. State, 2008, 37 CLC (AD)

....sed-appel­lant being charge sheet No.419, dated 13-11-2001 under sections 302/201/34 of the Penal Code. 8. Thereafter, the learned Additional Sessions judge, 2nd Court, Noakhali after hearing the parties, examining the said F.I.R. Charge Sheet and other papers framed the charge against the accus......e station being Sudharam P.S. Case No. 64 dated 29-04-2001 against the accused appellant and his 1st wife under sec­tions 302/201/34 of the Penal Code. Thereafter, said Mr. Humayan Kabir took up the investigation of the case, visited the place of occurrence, drew the map, prepared index, arrested t..

Category: Criminal Law | Date: | Hits: 45

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

.... under Order 26 rule 9 of the Code of Civil Procedure. 2. The decision proposed to be given in this Civil Revision Petition does not demand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of ......d on the western part of CS Plot No.110 as shown by letters ABC and done the hand sketch with schedule to the Plaint. 4. Mr. Md. Abdur Rashid having been appointed Advocate Commissioner held Local investigation as prayed for and submitted his report. The report submitted by learned Advocate Commi..

Category: Property Law | Date: | Hits: 27

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

.... Hasib with MA Tariq, Advocates—for the Opposite Parties. Civil Revision Nos. 994, 2160, 2161, 2162 of 1998. Judgment AK Badrul Huq J.- By these four applications, the defendant opposite party Nos.3-5 of four Civil Revision Cases arising out of four Civil Revision Petitions under sectio......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ..

Category: Property Law | Date: | Hits: 21

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....of delay of 1038 days and thus, dismissing the appeal. 2. The decision proposed to be recorded in this Civil Revision petition does not call for a detailed recounting of facts except that opposite party Nos. 1 to 12 of this Civil Revision petition as plaintiffs laid a suit being Title Suit No. 18......costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183...

Category: Limitation Law | Date: | Hits: 152

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....king declara­tion that the judgment and decree obtained by the plaintiff of Title Suit No. 16 of 1985 is collusive, ineffective and void and not bind­ing upon the plaintiff of the suit and also for partition. The suit was dismissed by the judgment and decree dated 14.09.2000 against which Title Ap......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ..

Category: Property Law | Date: | Hits: 79

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....ernment as lesson transferred a compact piece of land within the boundaries numbered as Plot No. 61 at Road No. 4, Block 'B', section No. 12 of the Housing's Plan No. 43 EHM 1978 dated 15-3-1978 more particularly delineated on the site plan and thereon coloured yellow for physical and visual identiÂ......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...

Category: Property Law | Date: | Hits: 44

SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....al-For the Respondents. Writ Petition No. 145 of 2001. Judgment Syed Amirul Islam J.- Let the supplementary affidavit dated 14-5-2001 on behalf of the petitioner No. 1 be formed part of the main application. 2. In this petition there are two petitioners namely, Mr. SN Go...... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ..

Category: Constitutional Law | Date: | Hits: 126