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Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)
....J.- This Petition for Leave to Appeal is directed against the judgment and order dated the 18th day of May, 2009 passed by the High Court Division in Civil Revision No. 3802 of 2005 making the Rule absolute reversing the judgment and order dated 16.05.2005 passed by the 2nd Court of Joint District J......e above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1006.......the petitioner submitted that the right of pre-emption is a statutory right granted by the statute and this right cannot and should not be denied on flimsy ground. In the instant case, P.W.1 in the trial Court categorically stated both in chief and cross examination that S.A. recorded co-sharers S...... Reported in: VII ADC (2010) 1006...Category: Property Law | Date: | Hits: 39
Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)
....ivil Revision No. 925 of 2004. 2. The petitioner Nos.1 to 3 filed a suit being the Title Suit No. 301 of 1976 in the First Court of Subordinate Judgi Kushtia, against Mahtabuddin Biswa the predecessor of the present respondents, praying for a declaration of titl in the suit-land with a further de...... submitted only a certified copy of the same. This was not accepted by the Appellate Court as secondary evidence. 9. The High Court Division found that the defendant in Title Suit No. 301 of 1976, called for the concerned volume from the office of the District Registrar, Kushtia. Accordingly, one......ngs of the High Court Division. Under such circumstances, these petitions merit no consideration and accordingly, those are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 1004. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abdul Jalil Molla and others…........Petitioners (In both the cases) Vs. Mahtab Uddin Biswas being dead his he..Category: Property Law | Date: | Hits: 46
....6,18,57,952 with interest pendente lite against the petitioners (defendants) and the respondent No. 2 (defendant No.1). Its case in short is that the defendant No.7 appointed the plaintiff as its sole agent to supply fish feed produced by it to different fish producing firms by a deed of agreeme......f the High Court Division observed that the plaintiff having not claimed any relief against the defendant No. 7, any finding relating to the transaction between the plaintiff and defendant No. 7 is uncalled for. We fully agree with the views taken by the learned Judges of the High Court Division. If......dant No. 4 totaling Tk. 8,60,52,496.56 holding that the defendant Nos. 1,2,3 and 4 are jointly liable to pay the said amount to the plaintiff with interest.
5. Defendant No.1 Saudi Bangladesh Industrial and Agricultural Investment Co. Ltd. preferred First Appeal No.53 of 2006, the defendant Nos.2......sion
(Civil)
Present:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Surendra Kumar Sinha J
M/s. Bangladesh Catfish Limited and others ……………......Petitioners
Vs.
Sunny Fish Agency and Trading and others .......
Category: Civil Law | Date: | Hits: 96
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....dent No. 1, Base Textile Limited, a private limited company was incorporated under the law of Bangladesh on 27-4-1993 (True copies of the Certificate of Incorporation and Memorandum and Articles of Association of the Company are marked as Annexure-A, A-1). 2. The Company was incorporated with an ......prior decision of the Board to draw the conclusion that the resolutions were adopted properly and legally. 29. From Annexures 3 and 4, the notices, by which two Extraordinary General Meetings were called on 15-10-2000 and 25-10-2000, it further appears that it was the company secretary who conven......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ......) 3 SCC 333. Lawyers Involved: Syed Ishtiaq Ahmed with Rokanuddin Mahmud, Sheikh Hassan Ariff, Mubina Asar Rahman, Advocates— For the Petitioner. Dr. M Zahir with M Hafizullah, SK Siddique and Abdul Barek Chowdhury, Md. Shamsul Hoq Sarker, Advocates—For Respondent Nos. 1 and 2. Aminu..Category: Company Law | Date: | Hits: 247
Md. Kamal and another Vs. State, 2010, 39 CLC (AD)
....f the baby taxi, stopped the baby taxi and then the three other accused Hazrat Ali, Liton Sardar and Abdul Kader entered into the baby taxi and the baby taxi started to proceed. The said accused persons forcibly snatched away the belongings including the revolver and mobile telephone of the vict......and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......dar and Md. Kamal before the learned Magistrate to record their confessional statements and they in their confessional statements implicated the other FIR named accused Hazrat Ali. 5. In course of trial, Druta Bichar Tribunal No.5, Dhaka framed charge against the accused persons under sections 39......vocate-on-Record-For the Petitioner (In both the cases) Not represented- the Respondent (In both the cases) Criminal Review Petition for Leave to Appeal Nos. 3-4 of 2010. (From the judgment and order dated the 14th day of October, 2009 passed by the Appellate Division in Criminal Petition ..Category: Criminal Law | Date: | Hits: 54
State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)
....and sentencing them death penalty and with a fine of TK. 50,000.00 (fifty thousand) each and convicting the other accused-respondents under Sections 320/120B of the Penal Code sentencing them to imprisonment for life with a fine of TK. 20,000.00 (twenty thousand) in default to pay fine to suffer imp......e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surrender forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......ge sheet the case record was transmitted to the Court of learned Metropolitan Sessions Case No. 1103 of 2003. Then the case record was transferred to the Druto Bichar Tribunal No. 1, Dhaka for speedy trial and disposal and the same was renumbered as Druto Bichar Tribunal Case No. 23 of 2003. 5. T......aur Rahman..........Petitioner (In Criminal Petition No. 32 of 2009) Vs. Abdul Kader @ Mobail Kader…………........Respondent (In Criminal Petition No. 193 of 2008) Abdur Razzak Khan @ Thandu...............Respondent (In Criminal Petition No. 194 of 2008) The State....................Category: Criminal Law | Date: | Hits: 46
....t Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk.2000/- each, in default, to suffer simple imprisonment for 15 days.
2. The facts which led to the contempt petition, inter alia, are that the r......uffer simple imprisonment for 15 days.
2. The facts which led to the contempt petition, inter alia, are that the respondent is a sponsor shareholder of the United Commercial Bank Ltd (hereinafter called "the Bank") and he was the first elected Chairman of the Board of Directors of the said Bank ...... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971.......
Appellate Division
(Criminal)
Present:
Syed JR Mudassir Husain CJ
Mohammad Fazlul Karim J
Amirul Kabir Chowdhury J
Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another ............Appellants
Vs.
Akhtaruzzaman Chowdhury…………….....Respondents ..
Category: Criminal Law | Date: | Hits: 60
....no illegality in dismissing the appeals and affirming the judgment and decree of the trial Court.
We find no substance in these petitions which are accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 968.......eals and affirming the judgment and decree of the trial Court.
We find no substance in these petitions which are accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 968....... are set aside those are binding upon the parties.
In such view of the matter the High Court Division committed no illegality in dismissing the appeals and affirming the judgment and decree of the trial Court.
We find no substance in these petitions which are accordingly dismissed.
Ed.
......mad Fazlul Karim J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Government of People's Republic of Bangladesh represented by the Deputy Commissioner of Bogra and others...................Petitioners (In both cases)
Vs.
Mohammad Alamgir Hossain and othe..
Category: Property Law | Date: | Hits: 44
Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)
....ffs filed Title Suit No. 21 of 2008 for partition and for buying up under Section 4 of the Partition Act stating, inter alia, that Romoni Mohon was the owner of 4.88½ acres of land who died living 6 sons plaintiff Nos.1 and 2, defendant Nos. 8, 9, 10 and Noyan Krishna Paul. Each son got 81½ acre o......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ......ring for the respondent No.2 and perused the petition, the impugned judgment and the order of the High Court Division and other papers on record. 9. It appears that the High Court Division and the trial court after considering the religious sentiment of the parties granted injunction in favour of......ellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Idris Mir Malat………………………… Petitioner Vs. Nitya Gopal Paul and others .......Respondents Judgment January 17, 2010. Lawyers Involved: Md. Nurul Ami..Category: Property Law | Date: | Hits: 44
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....Judgment Shah Abu Nayeem Mominur Rahman J.- Instant petition under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 16.02.2009 making the Rule absolute issued in Civil Revision No.885 of 2004 by the High Court Division setting aside the judgment......of the view that the High Court Division on proper consideration of the materials on record made the Rule absolute decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ......decreeing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 960.......r the Petitioners. Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hug, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 725 of 2009. (From the judgment and order dated 16.02.2009 passed by the High Court Division in Civil Revision No.885 of 2004.) J..Category: Property Law | Date: | Hits: 51
....o.1-petitioner No.1 under signature of respondent No.2-petitioner No.2 directing the petitioner-respondent to remove all structures from the Gulshan Shishu Park (Wonderland) within seven days and also for direction upon the respondent No.1-petitioner No.1 to consider the application of the petit......nt and establishment of Wonderland from the premises of Gulshan Shishu Park. The Court also acknowledged that the Wonderland was a wonderful amusement centre whose necessity could not be denied and called upon the respondent Nos. 1 and 3 to immediately assign an alternative site where Wonderland c...... accordingly the leave petition is dismissed without prejudice to the earlier orders passed by the High Court Division and this Division.
Ed.
This Case is also Reported in: VII ADC (2010) 953. ......ynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
Md. Muzammel Hossain J
Dhaka City Corporation, Nagar Bhaban, P.S.-Ramna, Dhaka…………..Petitioner
Vs.
G. M. Mustafizur Rahman and others ………….........Respondents
Judgment
November 22, 2009.
Lawyers Involved:
..
Category: Property Law | Date: | Hits: 55
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
.....- This Petition for Leave to Appeal is directed against the judgment and order dated the 17th day of March, 2009 passed by the High Court Division in Civil Revision No.2510 of 2006 making the Rule absolute setting aside those dated 03.07.2006 passed by the learned District Judge, Narayanganj in Tit...... 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) 945. ...... is liable to be set aside. 5. It appears that the plaintiffs filed a suit for declaration of title and also for declaration that the record of S.A. Khatian in the name of Ausha Miah is wrong. The trial Court decreed the suit land and on appeal, the Court of Appeal below affirmed the judgment and......n: VII ADC (2010) 945. ..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....sen out of a common judgment and order dated 3.12.2007 passed in Civil Revision Nos. 6721 and 6690 of 2002, heard and disposed of, by a Single Bench of the High Court Division, making the rules absolute. 2. The Civil Revision No. 6721 of 2002 arises out of the common judgment and decree passe......petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......o.6690 of 2002 arose against allowing the cross appeal, vide judgment and decree dated 29.10.2002 passed by the learned Joint District Judge, 1st Court, Jhalokathi, modifying the decree passed by the trial Court. Both the Title Appeal No. 106 of 2000 and the cross appeal arose out of the same judgme......her. Ed. This Case is also Reported in: VII ADC (2010) 940. ..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....istry of Health and Family Welfare, Government of Bangladesh, in its recent deputation policy circulated by memo dated 3-2-98 (Annexure-E) for Post Graduate Education of the BCS (health) cadres has also fixed age limit up to 45 years. The other affiliated colleges and institutes including Non-Govern......to fix age limit up to 40 years for the Government candidate is not tenable. Firstly because Academic Council cannot have any authority to change the Government and University policy secondly, the so-called Post Graduate Cell of Academic Council had no legal entity, though the learned Counsel for th......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ......Court Division (Special Original Jurisdiction) Present: Syed JR Mudassir Husain J Md. Arayesuddin J Dr. Manzoor Rasheed Chowdhury …………Petitioner Vs. Principal, DMC Dhaka and others………………. Respondents Judgment May 8, 2000. Cases Referred To- Rite..Category: Others | Date: | Hits: 100
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....y. 2. The trail Court in Sessions Case No. 141 of 2007 found the accused–appellant guilty under section 138 of the Negotiable Instrument Act and sentenced him thereunder to suffer rigorous imprisonment for 6 (six) months and to pay a fine of Taka 4,49,832/-(Four lac forty nine thousand and eig......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ......igorous imprisonment for 6 (six) months and to pay a fine of Taka 4,49,832/-(Four lac forty nine thousand and eight hundred thirty two) by the impugned judgment and order dated 15.05.2008. 3. The trial Court in Sessions Case No.158 of 2007 found the convict-appellant guilty under section 138 of ...... Eshan Re-Rolling Mill Ltd………Respondent Judgment July 19, 2009. Cases Referred To- kishore kumar Vs. T.K. Corporation Ltd. (2004) 13; Sayeed Ishaque Memon Vs. Ansari Naseer Ahmed and another (2005) 12 SC case page 140; Narsingh Das Tapadia Vs. Goverdhan Das Partani and another (..Category: Criminal Law | Date: | Hits: 57
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....gment Shah Abu Nayeem Mominur Rahman J.- Instant application under Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 27.10.2008 making the Rule absolute issued in Civil Revision No.1827 of 2004 by the High Court Division and thereby setting aside......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......বাদীপক্ষ প্রার্থিত মতে প্রতিকার পাইতে পারে কিনা? 5. After discussing the evidence and the materials on record the trial Court decided the issues and accordingly decreed the suit declaring that the impugned orders......e Petitioner. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the High Court Division in Civil Revision No.1827 of 2004.) ..Category: Property Law | Date: | Hits: 32
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....er Article 103 of the Constitution is for granting leave to appeal against the judgment and order dated 22.01.2009 passed in Civil Revision No.227 of 2003 by the High Court Division making the Rule absolute and thereby setting aside the judgment and order passed in Miscellaneous Case No.51 of 2002 b......t has no power to set aside an ex parte decree for ends of justice or for any cause other than its satisfaction that the defendant was prevented by sufficient cause from appearing when the suit was called on for hearing. The defendants have miserably failed to satisfy the Court in that regard and ......t District Judge arbitrarily set aside the ex parte decree without being satisfied that the defendants were prevented by sufficient cause when the suit was called on for ex parte decree. Since the trial Court itself found that there was neglect and laches of the defendants in prosecuting the mat...... (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Chairman, Chittagong Port Authority………….......Petitioner Vs. Safiuddin and others…………………………….......Respondents Judgment January 11, 2010. ..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....aintiff-petitioner performed Taleb-i-mowasibat on 01.07.87 and thereafter, taking certified copy on 7.7.87 of the sale deed the plaintiff definitely came to know that ‘kha’ schedule land has been sold out to the defendant No.1 by the defendant No.2 and on the same day he performed Talab-i-ishat ......) 359 has also no manner of application in the facts and circumstances of the case as the facts of the instant case are quite distinguishable from the facts of that case. No interference is therefore called for in this case. In view of my discussions made in the foregoing paragraphs vis-a-vis the......completely separated from each other and the path way for getting entrance of both the premises are also separated and for all these reasons the suit is liable to be dismissed with cost. 4. At the trial both the parties led evidence both oral and documentary to prove their respective cases. 5.......ision (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Md. Sharif Hossain……………………………………..Plaintiff-respondent-petitioner Vs. Md. Abdul Jalil and another…………………Defendant-appellant-opposite parties. Judgment October 19, 200..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....an No. 175 corresponding to S.A. Khatian Nos. 43 and 13 corresponding to R.S. D.P. Khatian No. 301 butted and boundary by: On the north house of Noorjaha Begum, Abdul Momin and Siddique. On the south House of Abdul Huq and others. On the east Road On the west House of Abdur Razzak. Sc......longed to defendant for constructing a 12’ ft. road to go to the house of the plaintiff. The learned Counsel next submits that the basis of the claim of the defendants over the suit land was the so-called Salishnama of exchange executed on 6-6-68. When the defendants managed to record the suit lan......ge of the name of the plaintiff No.1 appearing in the kabala filed the suit with a mala fide intention to grab the suit land and as such the suit is liable to be dismissed. 7. During the course of trial the learned Subordinate Judge, 4th Court, Dhaka on consideration of the evidence on record and......is Case is also Reported in: 29 BLD (HCD) (2009) 735. ..Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....Sessions Judge gave direction for taking cognizance but it is the jurisdiction of the Court concerned to decide whether cognizance can be taken or not. So, according to him, the above direction was also illegal. 4. The learned Assistant Attorney-General opposed the Rule. 5. We have perused the......not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ......r and others as accused. After investigation, police submitted charge-sheet under sections 366/379 of the Penal Code and as such, the case was being tried by Additional District Magistrate, while the trial was going on at one stage, an application was filed on behalf of the prosecution for sending t......aque J ABM Khairul Haque J Alauddin……….Petitioner Vs. State ………….Opposite Party Judgment November 30, 1999. Lawyers Involved: Syed Ziaul Karim with Salahuddin and Syeda Mamuna Begum, Advocates— For the Petitioner. Md. Mustafa, Assistant Attorney- General..Category: Criminal Law | Date: | Hits: 29
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