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....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is disÂpensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265.......
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Md. Nurul Alam alias Dr. Hazrat Shah Sufi Mohammad Nurul Alam.....................Petitioner
Vs.
Saleha Khatton and others......................................................Respondents
Order
November 21......or the petitioner.
A. K. M. Foez, Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondents.
Criminal Petition for Leave to Appeal No.382 of 2010.
(From the judgment and order dated 19.05.2010 passed by the High Court Division in Criminal Revision No.454 of 2008.)
Or..
Category: Procedural Law | Date: | Hits: 163
Government of Bangladesh Vs. Abdul Majid, 2012, 41 CLC (AD)
....ving been a bar to challenging the order passed by the revenue authorities under Article 17 of the Bangladesh Land Holding (Limitation) Order, 1972 and both the Courts below having committed error of law occasioning failure of justice, the High Court Division erred in law in disÂcharging the rule a......sented by the Deputy Commissioner, Dinajpur…………………………………………………………………….Petitioner Vs. Abdul Majid being dead his heirs:Mizanur Rahman (Minor) and others............................................Respondents Order February 27, 2012. ......ed by Advocate-on-Record—For Respondent Nos.1 (ka) to (gha) and 3-5. Respondent Nos.2 and 6-11—Not represented. Civil Petition for Leave to Appeal No.2326 of 2009. (From the judgment and order dated 19.04.2009 passed by the High Court Division in Civil Revision No.2789 of 2002 with Civi..Category: Property Law | Date: | Hits: 93
IFIC Bank Ltd. Vs. Eknabin & Co. and others, 2010, 39 CLC (HCD)
....লতে বদলী করা হইল। 8. Mr. AQM Safiullah, the learned Advocate appearing for the petitioner, submits that, the order passed by the learned Joint District Judge is bad in law on two counts i.e. order is a non-speaking order and also that, any case and Artha Jari Case fil......ivil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Fazlur Rahman J IFIC Bank Ltd…………………………………….........Petitioner Vs. Eknabin & Co. and others ..............................Opposite-Parties Judgment August 12, 2010. Result:......e Petitioner. No one appears—For the Opposite Party. Civil Revision No.3967 of 2005. Judgment Sharif Uddin Chaklader J.- This Rule by the opposite party No.1 petitioner directed against order No.4 dated 13-9-2005 passed by the learned District Judge, Dhaka in transfer Miscellaneous Cas..Category: Procedural Law | Date: | Hits: 126
Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)
....General, for the State, on the order hand, submits that the opposite party categorically described the very arising out of cause of action havÂing no ambiguity in it and therefore there is no legal flaws in filing the case and the learned Chief Metropolitan Magistrate on appreciating the said legal......ourt Division (Criminal Miscellaneous Jurisdiction) Present: Siddiqur Rahman Miah J Md. Ataur Rahman Khan J Abeda Chowdhury..................................Petitioner Vs. State and another.................................Opposite Parties Judgment October 29, 2009 Resu...... section 200 of the Code of Criminal Procedure and took cognizance of the offence under section 138 of the Negotiable Instruments Act, 1881 and thereby issued summons upon the accused person vide its order dated 12-7-2005. After receipt of summons the accused petiÂtioner appeared in the Court of Ch..Category: Criminal Law | Date: | Hits: 113
Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)
....the said Court, she preÂferred this application under section 561A of the Code of Criminal Procedure making direct surrenÂder before the High Court Division, which is illegal and not permissible in law. Rather it is well settled principle that a fugitive cannot get any relief from any Court. So th......order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......, 2004, Rule 15 of Emergency Power Rules, 2007 and also under secÂtion 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Judge, Dhaka, should not be quashed or any other order passed as this Court may deem fit and proper. 2. At the time of issuance of the Rule, all ..Category: Criminal Law | Date: | Hits: 100
Buxly Paints (BangÂladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)
....ty belonging to a Pakistani Company which is in possession of a Bangladeshi ComÂpany by virtue of an agreement in writing can be taken over as an abandoned property withÂout rescinding according to law, the agreeÂment under which the Bangladeshi Company has been in possession of the said property......l authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266....... concerned vested in the Government which acquired the right to administer, control, manage and dispose of by transfer or otherwise the said properÂties in accordance with the provisions of the said order. Article 5 enumerates the powers of the Government generally and in partÂicular to take such ..Category: Property Law | Date: | Hits: 79
Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)
....19, 1976 passed in Criminal Revision No.430 of 1975. 2. Short question for our consideration in this appeal is whether in the facts and circumstances of the case the High Court was well founded in law in holding that the accused had bona fide claim of right; and their entry into the disputed prop......late Division (Criminal) Present: Kemaluddin Hossain CJ Ruhul Islam J KM Subhan J Badrul Haider Chowdhury J Sukhamoya Dutta Gupta..................Appellant Vs. Abdul Gafur and others..................Respondents Judgment April 12, 1979. Result: The appeal is a......uq Chowdhury, Senior Advocate, (Bahauddin Ahmed, Advocate with him) instructed by Aftab Hossain, Advocate-on-Record - For the Respondents. Criminal Appeal No.18 of 1978. (From the judgment and order dated 19-11-1976 passed by the High Court Division in Criminal Revision No.430 of 1975.) Ju..Category: Criminal Law | Date: | Hits: 94
....5.7.73 on the basis of recommendation of the Screening Board.
3. The appellant challenged his dismissal order by filing the writ petition on the ground that he had already retired by operation of law on 31.1.73 and the proceedings before the Board and the subsequent orders were all illegal and w......cord - For the Appellant.
Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent.
Civil Appeal No.147 of 1978.
(From the judgment and order dated 24.2.71 passed by the High Court in Writ petition No.22 of 1974).
Judgment
Bad...... - For the Appellant.
Abdul Wadud Bhuiyan, Assistant Attorney-General, instructed by S. S. Hoda, Advocate-on-Record - For the Respondent.
Civil Appeal No.147 of 1978.
(From the judgment and order dated 24.2.71 passed by the High Court in Writ petition No.22 of 1974).
Judgment
Badrul ..
Category: Employment/Service Law | Date: | Hits: 107
Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)
.... in any case, within 6 weeks from the order. Against this order leave was sought for by the appÂellants, and leave was granted for examining the contention that the High Court Division acted without lawful authority in remanding the case to the Appellate Tribunal for re-hearÂing and disposal of th......-Record - For the appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by S.S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal No.136 of 1978. (From the Judgment and order dated 8.6.1978 passed by the High Court Division in Writ Petition No.534 of 1977) Judgm......ord - For the appellant. Md. Moksudur Rahman, Deputy Attorney General, instructed by S.S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal No.136 of 1978. (From the Judgment and order dated 8.6.1978 passed by the High Court Division in Writ Petition No.534 of 1977) Judgment ..Category: Criminal Law | Date: | Hits: 91
Bangladesh Biman CorpoÂration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)
.... special leave arise out of an Order passed by the High Court Division in Writ Petition No.479 and 538 of 1978 declaring that the termination of the services of the Respondents have been made without lawful authority and are of no legal effect. Leave was granted to consider following points among......Bangladesh Biman CorpoÂration………………………Appellant (both the Appeals) Vs. Chowdhury Mohammad Yusuf………………………Respondent (In ApÂpeal No.24 of 1979) M.A. Rouf and another………………………Respondents (In Appeal No.25 of 1979) Judgment May 4, 1......nd Humayun Hossain Khan, Advocates, instructed by Md. Nurul Hul, Advocate-on-Record - For Respondent No.1 (In Appeal No.25 of 1979). Civil Appeal Nos. 24 and 25 of 1979. (From the Judgment and order dated 19.1.79 passed by the High Court Division in Writ Petition Nos. 479 and 538 of 1978 resp..Category: Employment/Service Law | Date: | Hits: 123
New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)
....al is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......on-Record - For the Appellant. Sultan Hossain Khan, Deputy Attorney-General, instructed by S.S. Hoda, Advocate-on-Record - For the Respondent. Civil Appeal No.114 of 1977 (From judgment and order of passed by a Division Bench of the High Court in Writ Petition No. 536 of 1976 on May 25, 19..Category: Property Law | Date: | Hits: 87
....dditional prayer was inserted as A(1) "to show cause as to why the proceedings of LA Case No.138/61-62 so far as it relates to the petitioner's land should not be declared to have been passed without lawful authorÂity and is of no legal effect." The petitioners have filed numerous affidavits and su......s Case is also Reported in: 63 DLR (HD) (2011) 85.
...... challenged the action of RAJUK, respondent No.1 evicting the members of the petitioner’s association from the schedule land. Subsequently, by an appliÂcation an amendment was sought to be made in order to challenge the legality of the LA Case No.138/61-62 on the ground that the existence of the ..
Category: Property Law | Date: | Hits: 106
Md. Jalal Hossain Mollah Vs. Md. Azizur Rahman and others, 2012, 41 CLC (AD)
..../- is to be depositÂed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ......n Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Jalal Hossain Mollah............................................Petitioner Vs. Md. Azizur Rahman and others..................................Respondents Order February 19, 2012. Result: ......ior Advocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.917 of 2009. (From the judgment and order dated 20.11.2008 passed by the High Court Division in Civil Revision No.3043 of 2005.) Orde..Category: Procedural Law | Date: | Hits: 81
M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)
....ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Shamsul Huda J M. A. Razzaque....................................................Petitioner Vs. Syed Maynul Haq and others..................................Respondents Judgment February 2, 2012. Result:......ocate instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-6—Not represented. Civil Petition for Leave to Appeal No. 1772 of 2009. (From the judgment and order dated 19.04.2009 passed by the High Court Division in Civil Revision No.2081 of 2009.) Judg..Category: Procedural Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)
....nistrative Tribunal case and contestÂed by filing written statement. According to these contesting respondents the allegaÂtions against the petitioner were proved on enquiry held in accordance with law and that the authority concerned, after observÂing all the mandatory provisions of law, decided......zmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh preÂsented by the Secretary, Ministry of Agriculture and others.....................................Petitioners Vs. Md. Khorshed Ali Talukder............ General instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.551 of 2009. (From the judgment and order dated 26.01.2009 passed by the Administrative Appellate Tribunal in Administrative Appellate T..Category: Administrative Law | Date: | Hits: 263
Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)
....witnesses it has been proved that he has got his ancestral homeÂstead and other house also. 15. However, considering the facts and circumstances and evidence on record we find no error of fact or law in the impugned judgment of the High Court Division. We, rather find that the High Court Divisio...... (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Sabu Tara Begum and others..........................................Petitioners Vs. Manik Miah and others...........he Petitioners. Zainul Abedin, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-28 —Not represented. Civil Petition for Leave to Appeal No.1750 of 2009. (From the judgment and order dated 26.02.2009 passed by the High Court Division in Civil Revision No.2044 of 2002.) Judg..Category: Property Law | Date: | Hits: 98
Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)
.... who framed charge against the petitioner under sections 19(A) and 19(f) of the Arms Act. The charge was read over to the petitioner who pleaded not guilty and prayed to face trial in accordance with law. 4. The prosecution examined as many as 11 witnesses and on the other hand, the defence exami...... 254; Aslam Jahangir Vs. The State, 5 BLC (2000) (HCD) 514; Habibur Rahman alias Jane Alam Vs. The State, 47 DLR (1995) (HCD) 323; Mohiuddin Vs. The State, 61 DLR (2009) (HCD) 35; Abdul Haider Sikder and another Vs. The State, 43 DLR (AD) (1991) 95. Lawyers Involved: A.B.M. Waliur Rahman Khan......rul Haque, Deputy Attorney General with Mr. Md. Shafquat Hussain, Assistant Attorney General- For the Opposite party. Criminal Miscellaneous Case No. 12955 of 2009. (Arising out of Judgment and order dated 6.5.2009 passed by Metropolitan Special Tribunal No.7, Dhaka in Metropolitan Special tri..Category: Criminal Law | Date: | Hits: 92
Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)
....ondal said that the rest amount of 'chanda' should have to be paid to them and also asked to keep the fact secret, otherwise the informant should face dire consequence; that subsequently whenever the law and order situation has improved the informant claimed back his money from the accused, who had ......t once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......r. K.M Masud Rumy, Assistant Attorney General - For the state. M.A. Muntakim, Advocate - For the opposite party No.2. Criminal Miscellaneous No. 8381 of 2008. (Arising out of Judgment and order dated 22.4.2008 passed by the Additional Session Judge 4th Court, Khulna in Criminal Revision ..Category: Criminal Law | Date: | Hits: 143
Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)
....s the Appellate Division in the case of Anti-Corruption Commission Vs. M.K. Alamgir, 62 DLR (AD) 290 has held that the notice dated 18.2.2007 issued by the Secretary to the Commission was without any lawful authority, as such void and any proceeding based on the said void notice is a nullity in the ......il bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......m Khan with Abdul Aziz Khan - For the Anti-Corruption Commission. Md. Khurshid Alam Khan, Advocate - For opposite party No.2. Criminal Appeal No. 3536 of 2009. (Arising out of Judgment and order of conviction and sentence dated 14.2.2008 passed by the learned Special Judge Court No.5 Dhak..Category: Criminal Law | Date: | Hits: 133
A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)
....ent yet did not release the suit property from 'Ka' list of Abandoned Properties and restore its possession to the defendant. All on a sudden the plaintiff received a notice dated 23.12.2003 from the lawyer of the defendant rescinding the agreement for sale. Hence the suit. 4. Defendant entering ......o Reported in: 16 MLR (HCD) (2011) 135.......M.A. Quiyum, Advocate with him Md. Faruque Ahmed, Advocate, Mohammad Ullah, Advocate Ms. Salma Begum, Advocate - For the Opposite parties. Civil Revision No. 515 of 2009. (From the Judgment and order dated 2.6.2008 passed by the District Judge, Dhaka in Civil Revision No.4 of 2008.) Judgmen..Category: Property Law | Date: | Hits: 85
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