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

....ort 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 Judge, Second, Court, Faridpur for declaration of title in the suit land.3. Defendant opposite party Nos.1-5 have been contesting the s....... 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........ 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)

....nessing of the incident by the P.W.s 2 and 6 by the light of a hurricane-lantern which was kept on the table in the hut wherein the deceased and the witnesses wore sleeping as well as about the dying declaration of the deceased which was heard by the inmates of the other huts of the house i.e. P.W.s......e 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) 531. ......lated to the deceased and that they were not supported by independent and disin­terested witnesses. 23. Review as contemplated under the provisions of Rule 1 of Order XXVI of the Supreme Court of Bangladesh (Appellant Division) Rules, 1988 is main­tainable at the instance of a person aggrieved ..

Category: Criminal Law | Date: | Hits: 57

Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

....as plaintiff instituted Title Suit No.13 of 1984 (which was later on renumbered as Title Suit No.441 of 1985) in the Court of the learned Subordinate Judge, 1st Court, Sylhet praying for a decree for declaration that he had right, title and interest in the suit land. 3. The facts of the plaintiff...... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513....... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513...

Category: Property Law | Date: | Hits: 28

Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)

.... one month. The preparation of paper books is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510....... one month. The preparation of paper books is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510....... 2008 passed by the High Court Division in Civil Revision No.2489 of 2004). Order Mohammad Fazlul Karim J.- This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 28th day of August and the 15th Oc..

Category: Property Law | Date: | Hits: 45

Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)

....gly recorded in the name of the predecessor of the defendant in khatian No. 181 and 466 and the defendant having threatened dispossession on the basis of wrong record the plaintiff filed the suit for declaration of title and for declara­tion that the khatian in the name of the defendant-petitioner ......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......2008 passed by the High Court Division in Civil Revision No. 6169 of 1991). Order Mohammad Fazlul Karim J.- This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 26th day of October, 2008 passed b..

Category: Property Law | Date: | Hits: 23

Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)

.... refused to effect partition of the suit prop­erty and since they obtained the fraudulent decree in Title Suit No.36 of 1971, the plaintiffs are entitled to get partition of the suit property with a declaration that the decree passed in Title Suit No.36 of 1971 is illegal, inoperative and not bindi......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) 501.......zuddin Ahmed, Aftabuddin Ahmed and Waizuddin Akram took signatures of Keshob Lal and his sons, namely Ghiridhari and Trinath on unwritten blank stamp and cartridge papers during the liberation war of Bangladesh in 1971 when Keshob Lal and his family members left this country for India. The sons of K..

Category: Property Law | Date: | Hits: 29

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

....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. ......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. ......atin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ebrahim Steel Re-Rolling Industries (Pvt.) Limited……………........Petitioner Vs. Bangladesh and others……………......Respondents Judgment February 11, 2010. Lawyers I..

Category: Banking Law | Date: | Hits: 95

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....Title Suit No. 129 of 1995 rejecting an applica­tion for amendment of the plaint. 3. Facts, in short, are that the plaintiff-petitioners filed the aforesaid Title Suit No. 129 of 1995 praying for declaration of title in the suit land alleging, inter alia, that the disputed land belonged to one A......judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ..

Category: Procedural Law | Date: | Hits: 95

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

....eeing the Other Suit No.370 of 1994 dismissed by the learned Subordinate Judge, 3rd Court, Chittagong. 2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirmation of posses­sion upon declaration of title over 1.91 acres of land and for recovery of khas pos­session after eviction an......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.......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

Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)

....ay. Security of Tk. 1,000/- is to be deposit­ed within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......ay. Security of Tk. 1,000/- is to be deposit­ed within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......llate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Kader…………………....Petitioner Vs. Bangladesh Road Transport Corporation repre­sented by Chaiman having its Head Office at Paribahan ..

Category: Labour and Industrial Law | Date: | Hits: 79

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

....intiffs filed Title Suit No.228 of 1984 in the Court of the Monirampur Upazila Munsif Adalat, Monirampur, Jessore impleading the predecessor of the petitioners and other respondents as defendants for declaration of title and con­firmation of possession and khas posses­sion in respect of the suit p......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.......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)

.... 1946 A.D. the number came in the year 1962 inserted upon fraudulent act and thus, committed error of law in decreeing the suit. The learned Counsel further submitted that upon fraudulent document no declaration of title cannot be declared by a competent Court, the High Court Division erred in law i......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.......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

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......he above, we find no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......t the judgment and order dated the 4th day of June, 2007 passed by the High Court Division in Matter No. 174 of 2006 allowing the application for winding up of the pro-forma respondent No.2 Gonophone Bangladesh Limited. 2. The facts involved in the case, in short, are that the petitioner is a sha..

Category: Company Law | Date: | Hits: 197

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......454, 15 BLC (AD) (2010) 179..

Category: Property Law | Date: | Hits: 24

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ...... Ruhul Amin CJ Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Tafazzal Hossain……………………….....Petitioner Vs. The Government of the People's Republic of Bangladesh repre­sented by the Secretary, Ministry of Local Government Rural Development and Co-ope..

Category: Election Law | Date: | Hits: 92

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

....er section 18 of the Act, exercises its various powers subject to and under the Act through its Commissioners or through its officers, as duly empowered in this behalf. 41. Section 26 provides for declaration of assets. Sub-section(1) reads as follows: ২৬। সহায় সম্পওি......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..

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

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

....4 of 1998. 2. The fact, in short, are that the petitioners as plaintiffs instituted a Title Suit No.114 of 1998 on 04.11.1998 before the learned Senior Assistant Judge, Laksam for a decree of declaration of title in respect of 2nd schedule land for an area of 19 decimals appertaining to plot...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ...... in the 2nd schedule and other lands prepared in the name of the plaintiff along with the defendants and others, because of their possession in other non-disputed land in the same kahtian. During the Bangladesh settlement the total land of the suit plot No.1350 prepared in the name of plaintiff Abdu..

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: ......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: ......t-bazar of the country under the Ministry of local Government are deposited with the Muktijoddha Sangshad account to be spent for the welfare of distressed and unemployed freedom fighters through the Bangladesh Muktijodha Sangshad Central Command Council, Dhaka (hereinafter referred to as the Muktij..

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

Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

....e plaintiff-respondent filed Title Suit No.96 of 1998 against the defendant No. 2- petitioner and 4 other officers of the company in the Court of 1st, learned Subordinate Judge, Narayanganj seeking a declaration that the gas bills for the months of February, 1998 to August, 1998 amounting to Tk.11,1......is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......arge less than the amount as per meter reading as per agreement signed in 1995 without considering the balance of convenience and inconvenience as Titas Gas has to purchase gas from the government of Bangladesh for supplying the same to its customers. 20. He lastly submits that the petitioner Tit..

Category: Civil Law | Date: | Hits: 82

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

....on shall be deprived of life or personal liberty save in accordance with law.” (underlining is mine) 16. This has been explained in Dr. Mohiuddin Farooque’s case in this manner: “23. This declaration in the Constitution is not mere empty words. These guarantees are fundamental in nature,......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. ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtaz Uddin Ahmed J Dr. Mohiuddin Farooque...Petitioner Vs. Government of Bangladesh and others... Respondents. Order June 23, 2001. Lawyers Involved: Syeda Rezw..

Category: Environmental Law | Date: | Hits: 279