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Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....titioner instituted the aforesaid suit against the opposite party Nos.2 to 5 for specific performance of contract for certain land on the allegations, inter alia, that Dhirendra Lai Nandy predecessor-in-interest of the opposite party Nos. 2-4 exerted into an agreement for sale of the disputed la......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......ound that the opposite party No.1 was not a proper and necessary party as no relief was sought against him in the suit. It was further alleged that his presence will prejudice the petitioner in the trial of the suit and there would arise multiplicity of suits, and proceedings. But the learned Judg......preme Court High Court Division (Civil Revisional Jurisdiction) Present: AM Mahmudur Rahman J Md. Nurul Abser Miah...................................Petitioner Vs. Kiron Shankar Nandy & others........................Opposite Parties Judgment March 1, 1988. Cases Ref..Category: Procedural Law | Date: | Hits: 70
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....isconduct under Clause 66(b) of the Bangladesh Textile Mills Corporation (Service) Regulations, 1981. The charges were the same as in the earlier show cause notice. A statement of allegations was also enclosed. The petitioner submitted a written statement on 24.8.85 (Annexure D-l). He received a....... Writ Petition No. 489 of 1986 Judgment Mustafa Kamal J.- In this Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh the respondents have been called upon to show cause as to why the order of dismissal form service as contained in Memo. No. SE......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......ed in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by the Secretary of Bangladesh Textile Mills Corporation shall not be declared to have been passed without any lawful authority and to be of no legal effect. 2. The petitioner joined the Bangladesh Textile Mills Ltd., at Dham..Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
.... in Sessions Case No. 403 of 1982. 2. Facts are that on 7.9.82 Rahmatuddin Ahmed, the informant was standing on the western side of the Chay Ani Tank in Tangail Town and having a discussion with some of his companions at about 7 A.M. on 7.9.82 when accused Ratu came thereto by a rickshaw when t......t two of his teeth and dislocating few others in the process. 10. It was thus, caused by a single blow and the falling of the tooth was immediate. It is on record that the accused reacted on being called as thief, which would be the natural reaction of an ordinary but a gentleman if addressed a......tually tried by the Court of Sessions, Tangail and the Court framed a charge under section 326 of the Penal Code but the accused could not plead to the charge as he was absent on bail. 4. At the trial, the prosecution examined 6 witnesses but was not cross-examined because none appeared for......vocates — For the Appellant. Not represented—the State. Criminal Appeal No. 181 of 1983. Judgment Anwarul Huque Choudhury J.- This appeal by Ratu Nag is directed against the judgment and order dated 12.1.1983 passed by the learned Sessions Judge, Tangail convicting the accused app..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
.... for her to reach the port of destination without salvage/towage and that the ship owner defendant No. 3 appointed salver and declared general average. The plaintiff on receipt of the Telex Massage also from Poseidon Average Adjusters (London) Ltd. dated September 21 and 23, 1988 came to learn tha....... CORINA and also stated that unless the ship is arrested it will have no remedy the ship going out of tidal water of Bangladesh. 4. Upon hearing the petition on 17.11.88 opposite parties were called upon to show cause as to why the ship M.V.CORINA defendant No. 1 should not be arrested and d......The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ...... Lawyers Involved: Kamal-ul-Alam with AKM Abdul Hakim, Advocates—For the Plaintiff-Petitioner. M. Hafizullah with P. Bhattacharya, Advocates—For the Defendant/Opposite parties Nos. 1, 3 and 4. Admiralty Suit No. 2 (CTG) of 1988 Judgment AM Mahmudur Rahman J.- The plaintiff fil..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....e schedule property made in the preemption case. 3. The case of the pre-emptor is that the land was recorded and published in S.A. Khatian No.30 and 55 in the name of Kalu Sheikh who died leaving sons namely Mokbul Hossain, Abul Kashem, Quader, Sabed and daughter Hazera Khatun and the land was r......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......lly stated that the pre-emptor was aware of the transfer of the case land immediately after its transfer. They narrated the circumstances in which the pre-emptor had come to know of the transfer. The trial Court found no wrong with their evidence. So, he should have relied upon their evidence and di...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Mamtaz Uddin Ahmed Md. Mokbul Hossain………………………Pre-emptee-Appellant Petitioner Vs. Md. Umar Ali and others……….Pre-emptor Respondent-Opposite Parties Judgment November 5, 2009. Cases..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....the suit. 2. Facts relevant for the purpose of disposal of this application are that schedule 'B' land to the plaint belonged to Ramjan Ali Sowdagar, who gifted the same in favour of his minor son (plaintiff of the suit) vide registered deed of gift dated 16/04/1952 and delivered possessi......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......e plaintiff No.1 did not pursue the case. The plaintiff No.2, the present petitioner hereof, examined one witness as P.W.1 and the contesting defendant No.1 also examined one witness D.W.1. 8. The trial Court on due consideration of the materials and evidence on record and the submissions made by......ppellate Division (Civil) Present: Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate, represented by its Mutwalli Hajee Afazullah Khan……………..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....could not inform earlier because of threat on his life given by the defendant Nos.1-3 and that the plaintiff thereafter requested the defendant Nos. 1 and 2 to vacate the suit land, who refused to do so. Hence the suit. 3. The defendant No.1 contested the suit by filing written statement denying ......ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......hah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Nurun Nobi ............................Petitioner Vs. Khondaker Moklesur Rahman and others………………Respondents Judgment May 20, 2010. Lawyers Involved: Abdus S..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....is wife the plaintiff-respondent No.7 are the admitted owners of the suit-land by purchase from one Abdul Ali, purchaser from the C.S. recorded tenant. The plaintiff-respondent Nos.1 to 6 are the sons and daughters of late Rustam Ali. A building plan in the name of Rustam Ali and the responden......quiry to ascertain whether a Bazar was established by the owner of the suit land or it was established by any other persons without obtaining consent of the owner of the suit land and no evidence was called either from local people or shop keepers to ascertain who established the Bazar on the suit l......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......ivil) 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 Government of Bangladesh and others…………………...Petitioners Vs. Mariam Begum and others…………...........Category: Property Law | Date: | Hits: 33
Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
....endants to show-cause within 1(one) day from the date of its receipt as to why they would not be restrained by an order of temporary injunction to hand over charge to the defendant nos. 6 and 7 and also made an interim order restraining the defendants from handing over charge to the defendant nos. 6...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ......Appellate Division (Civil) Present : ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Saiful Alam………………………………….Petitioner Vs. Kamal Uddin Sabuj and others………………………….. Respondents Order January 19, 2011. Lawyers Invo..Category: Civil Law | Date: | Hits: 91
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....site Parties Judgment January 19, 2000. Cases Referred To- Qazi Din Mohammad vs. Alhaj Arjun Ali Ansari 47 DLR (AD) 48. Lawyers Involved: Md. Shah Alam, Advocate (appearing in person) — The Petitioner. Not represented— the Opposite Parties. Civil Revision No. 3277 of 1......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550....... was alleged that the plaintiff, in collusion with the said Ahmed Ali, created the alleged bainapatra dated 30-3-83 with the above-mentioned signed blank stamps for making illegal gains. 6. At the trial the plaintiff examined four witnesses including himself, and exhibited some documents while th......d in: 54 DLR (2002) 550...Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....a Hossain 1992 BLD 60; DLR 1955 Lah 3; AG, West Pakistan vs. Shabir Ahmed 15 DLR (SC) 355; Tahera Nargis vs. Shamsur Rahman 1990 BLD 73 = 41 DLR 508; LD Jackwel vs. State of UP AIR 1984 (SC) 1374; Passotam Saram vs. Barlnanand (ILR 50 All 41). Lawyers Involved: MA Samad with MGH Ruhullah, Adv...... 16-7-2001 when a Rule nisi was issued upon the respondents and pending hearing of the Rule the respondents were restrained from holding the election of the Bangladesh Swimming Federation hereinafter called “the federation” on 22-7-2001. It is alleged that the contemner respondents were verbally......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
....ut of Habigonj P.S. NON F.I.R. Case No.98 of 1999 dated 28.09.1999 (NON G.R. No. 812 of 1999), convicting the petitioner under section 387 of the Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and also to pay a fine of Tk. 2000/- in default to suffer simple imprisonment fo...... on record dismissed the appeal and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888.......29 of 2002 was started and the learned Sessions Judge, Habigonj then framed charge against the petitioner under section 387 of the Penal Code in absentia as the petitioner remained absconding. During trial the prosecution examined 5 witnesses including the informant as well as the Investigating Offi......Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 30.6.2009 passed by the High Court Division in Criminal Appeal No. 3514 of 2003). ..Category: Criminal Law | Date: | Hits: 31
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....appeal affirming those of conviction dated 18.01.2003 passed by the Additional Sessions Judge, 1st Court, Kishoreganj in Sessions Case No.81 of 1995 under Section 302 of the Penal Code to suffer imprisonment for life and to pay a fine of TK.5,000.00 each in default to suffer rigorous imprisonment fo......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......nts cannot be considered as positive evidence; that it was not possible on the part of the persons who saw the occurrence to identify the accused in a positive manner, the High Court Division and the trial Court totally failed to evaluate the entire facts, circumstances and evidence on record in t......r Saha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 251of 2008. (From the judgment and order dated the 25th day of February, 2008 passed by the High Court Division in Criminal Appeal ..Category: Criminal Law | Date: | Hits: 40
State Vs. Masum and others, 2010, 39 CLC (AD)
....ormant and other police forces were on duty and at about 23:15 P.M. they appeared at the rear side of House No. 18, adjacent to the filed of Ibrahimpur Jameul Ulum Madrasha and found three unknown persons staying there, which has raised suspicion in them. Accordingly, the police team challenged thei......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......and same was registered as Metro Special Tribunal Case No. 2945 of 2003, who has taken cognizance, on 21.02.2003 against the accused-appellants, under Section 19(a) and (F) of the Arms Act, 1878, for trial. Thereafter, the said case was transferred on 16.05.2004 to the Metro Special Tribunal No.10, ...... Present: Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J The State………........................Petitioner Vs. Masum and others……………........Respondents Judgment February 7, 2010. Result: Leave is..Category: Criminal Law | Date: | Hits: 47
Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)
.... People's Republic of Bangladesh is directed against the judgment and order dated the 3rd day of February, 2009 passed by the High Court Division in Civil Revision No.2159 of 1998 making the Rule absolute setting aside those dated 12.01.1998 and 16.01.1998 respectively passed by the Subordinate Ju...... month. The preparation of paper books is dispensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880.......ore, the suit is liable to be dismissed. 4. Mr. Mahmudul Islam, learned Counsel, appearing for the petitioners submitted that having regard to the facts and circumstances of the case, both the trial Court and the Court of Appeal below came to the finding that the impugned document, Ext. No.3,......grounds. Ed. This Case is also Reported in: VII ADC (2010) 880...Category: Property Law | Date: | Hits: 52
Begum Firoja Siddique and another Vs. Md. Nizamul Islam (Nizam) and others, 2009, 38 CLC (AD)
....sistant Judge was passed after correctly assessing the valuation upon inquiry in accordance with law and in terms of the valuation of the suit property mentioned in the deed of gift assigning good reasons for ascertaining the market value of the suit land as required under section 8C of the Court Fe......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. ......ift the price of the property was shown as taka five thousand and the same is the proper valuation. 8. Upon hearing both the parties by an order dated 06.02.1994 the learned Judge in-charge of the trial court rejected the application and vacated the earlier order relating to the ascertainment of ......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……..Category: Civil Law | Date: | Hits: 65
Abdul Noor and others Vs. Abdul Jabbar and others, 2009, 38 CLC (AD)
....et, affirming those of dated 30.08.1993 passed in Title Suit No. 29 of 1992 by the learned Sub-ordinate Judge, Sylhet, decreeing the suit declaring that the record of right prepared in the name of persons with regard to the schedule land are the representatives of the whole villagers of Angarjure ......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.......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………………..Category: Property Law | Date: | Hits: 27
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....al at the instance of the defendant-petitioners arose from the judgment and order dated 25th June, 2009, of a Single Bench of the High Court Division in Civil Revision No.74 of 2007 making the rule absolute by setting aside those dated 14th September, 2006 of the learned Additional District Judge, 1......have arrived at a correct decision. 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) 871.......aforesaid judgment and decree, the plaintiffs moved the High Court Division in Civil Revision No.74 of 2007. A Single Bench of the High Court Division made the rule absolute and restored those of the trial Court. 5. Mr. Syed Amirul Islam, the learned Senior Counsel appearing for the petitioners......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Liaquat Ali Khan and another…………………........Petitioners Vs. Md. Nazimuddin and another…………..Category: Property Law | Date: | Hits: 30
....77 SC 235; S P Gupta vs. President of India AIR 1982 SC 149; Subesh Sharma vs. Union of India AIR 1991 SC 631; SC Advocates-on-record vs. Union of India: AIR 1994 SC 268; Madras City Wine Merchants Association vs. State of Tamilnadu (1994) 5 SCC 509; Special Reference No. 1 of 1998, Re: (1998) 7 SCC......y-General and, as such, he represented the State in number of landmark cases. He had number of briefs, more than 2000. He never requested anybody to appoint him as Additional Judge. The Chief Justice called them and took their consent for appointment as Additional Judge of the High Court Division. K......Ltd. vs Secretary Ministry of Disaster Management and Relief 6 BLC 681,the writ petitioner took leasehold right to manufacture Soya Products developed by the Bangladesh Council of Scientific and Industrial Research for its commercial production. The writ petitioner thereupon started manufacturing pr......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...
Category: Constitutional Law | Date: | Hits: 253
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
.... the People's Republic of Bangladesh is directed against the judgment and order dated the 14th day of May, 2009 passed by the High Court Division in Civil Revision No.3839 of 2001 making the Rule absolute. 2. The facts involved in the case, in short, are that 5 kathas of land equivalent to more......ooks is dispensed 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 dispensed 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..Category: Property Law | Date: | Hits: 32
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