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Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ommissioner reported in 41 DLR 326. Mr. Kamruzzaman submits that acquisition of property for a co-operative society per se is not to be deemed as serving a public purpose in the absence of additional facts and materials showing the purpose for which such co-operative society intends to use the acqui...... is also Reported in: 16 BLC (2011) 794. ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..Category: Property Law | Date: | Hits: 104
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
.... Division cannot give such direction. 6. Mr. AFM Mesbahuddin, learned Counsel appearing on behalf of the petitioners in Civil Petition No.869 of 2011 contended that there are disputed questions of facts involved in this matter and the High Court Division acted illegally in directing for correctio......umar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. lmmanAli J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh, represented by the Secretary, Ministry of Land, Dhaka and others.............................................................Petitioners Vs.......e Revenue Officer. In other Leave petitions, the petitioners have raised disputed facts which can not be decided by this Division at this stage, the determination of which would require assessment of evidence. They may contest the mutation proceeding, if so advised. It is, accordingly, directed that..Category: Property Law | Date: | Hits: 68
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
....oceeding initiated which is admittedly barred under Article 182 of the Limitation Act. Before this Court or even before the High Court Division the petitioners failed to produce any paper showing the facts of earlier execution proceeding. It is well settled that the decree may be executed within 12 ......pecial Original Jurisdiction) Present: Zinat Ara J Md. Moinul Islam Chowdhury J Iftekhar Uddin Ahmed…………………………………………Petitioner Vs. Artha Rin Adalat and another ........................Respondents Judgment June 20, 2011. Case Referred to- ...... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
....he Magistrate on 29.12.88. 9. The prosecution examined as many as 12 witnesses whereas the defence examined none. The learned Additional Sessions Judge, in consideration of the evidence on record, facts and circumstances of the case, convicted and sentenced absconding accused Sanwar Hossain and s....... Cases Referred to- State Vs. Bashirullah, 16 DLR 189; Mafu @ Mafizuddin Vs. State, 31 DLR 16; Ismail Sarker Vs. The State, 33 DLR 320; Hassen Ali Vs. State, 38 DLR 235; Bangladesh Vs. Paran Chandra Baroi, BCR 1986 (AD) 225; Moslemuddin & ors. Vs. State, 1987 BLD (AD) 1; Amir Hossain Howl......ed in the Court of the Magistrate on 29.12.88. 9. The prosecution examined as many as 12 witnesses whereas the defence examined none. The learned Additional Sessions Judge, in consideration of the evidence on record, facts and circumstances of the case, convicted and sentenced absconding accused ..Category: Criminal Law | Date: | Hits: 91
....h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......also Reported in: VIII ADC (2011) 449.
......s of Shariatullah Sheikh. Defendant Nos.1 and 2 contested the suit by filing a joint written statement denying the material allegations made in the plaint. The trial Court on consideration of the evidence on record by judgment and order dated 21st June, 1993 dismissed the suit mainly on the reas..
Category: Property Law | Date: | Hits: 68
State Vs. Sabu and others, 2009, 38 CLC (AD)
.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......nt: M M Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J State…………………………………………………………. Petitioner Vs. Sabu and others ..................................Respondents Judgment October 6, 2009. Lawyers ...... Court. 7. We have heard Mr. Forhad Ahmed, the learned Deputy Attorney General, perused the petition and the judgment and order passed by the Trial Court as well as the High Court Division and the evidence on record. 8. It appears that there is no direct evidence implicating the respondents ..Category: Criminal Law | Date: | Hits: 71
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....minors and the law is well settled that it is not required to examine more than one witness to prove the document in question but the Court of appeal below without applying its judicial mind into the facts and circumstances of the case disallowed the appeal which resulted in the failure of justice. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J Renu Begum...................................Plaintiff-Appellant-Petitioner Vs. Khandokar Enamul Mowla and ors.......Defendant-Respondent-Opposite Parties Judgment July 20, 20...... the baina patra that he executed the baina patra for and on behalf of his minor daughters, (2) the plaintiff adduced one witness namely P.W 2, Nayeb Ali to prove baina patra which was not sufficient evidence to prove the baina patra (Ext.1) in question was executed in accordance with law. 7. Bei..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
.... of 2007 and No. 4 of 2008. Judgment Syed Refaat Ahmed J.- These two Applications filed separately under various provisions of the Arbitration Act, 2001 ("the Act") are predicated upon the same facts reflecting, however, differing responses from the two parties to these Application elicited at......me Court High Court Division (Special Statutory Jurisdiction) Present: Syed Refaat Ahmed J Helm Dungemittel Gmbh……………………....................Petitioner Vs. BCIC and another...... .........................................Respondents Judgment January 12, ......ished by BCIC in favour of HELM as per Clause 14 of the contracts. From the contents of the Letters of Credit dated 21-11-2006 and 22-11-2006 it appeared, however, that these were not confirmed as is evidenced by the request of Sonali Bank on 28-12-2006 to amend the Letters of Credit by adding the w..Category: Alternative Dispute Resolution | Date: | Hits: 172
State Vs. Jabbar, 2010, 39 CLC (AD)
....htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......ney General, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.33 of 2009. (From the judgment and order dated 2.12.2008 passed by the High Court Division in Criminal Appeal No.6459 of 2007.) ......rgue and detected the dead body of his younger bother. 3. Prosecution in support of its case has examined 17 witnesses but the defence examined none. The Druta Bichar Tribunal on assessment of the evidence on record found the accused respondent and 5 others guilty of the charge and sentenced them..Category: Criminal Law | Date: | Hits: 53
Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)
....ect of the judgment and order dated 19.02.2009, passed by the High Court Division, refusing to uphold an order of status quo, passed by the Trial Court, in Civil Revision No.3393 of 2008. 2. The facts, in brief, are that the petitioners filed a suit, being the Other Class Suit No.375 of 2007,......eme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Sanowara Begum and others……………………............Petitioners Vs. Mohammad Rashedul Hoque and othe......ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ..Category: Administrative Law | Date: | Hits: 166
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......preme Court Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Abu Syed Khan being dead his legal heirs; 1(a) Shahida Khatun and others……...Petitioners Vs. Humayun Kabir and another……………………………......ed deed dated 8th January, 1979 from Shahida Begum. Therefore, both the parties admitted that by purchase Shahida Begum was the owner of the suit land. 3. The trial Court on consideration of the evidence on record held that the plaintiffs failed to prove their title, possession and dispossessio..Category: Property Law | Date: | Hits: 73
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
.... affirming those of the learned Assistant Judge, 3rd Court, Dhaka dated 31.07.1997 in. Title suit No.160 of 1994 decreeing the suit with direction to hand over possession to the plaintiffs. 2. The facts, in short, are that the plaintiff-petitioners filed Title Suit No.160 of 1994 in the Court of ......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. Abu Musa Bhuiyan and another……………….........Petitioners Vs. Mohammad Ali alias Alimullah and others ......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ..Category: Property Law | Date: | Hits: 71
....eal by leave is directed against the judgment and order dated the 2nd day of July, 1998 passed by the High Court Division in Writ Petition No. 1050 of 1998 summarily rejecting the petition.
2. The facts involved in the writ petition, in short, are that the petitioner is a private limited company....... 428. ......, we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....the judgment and decree dated 26.06.2006 (decree signed on 02.07.2006) passed by the learned Assistant Judge, Baliadangi, Thakurgaon in Other Class Suit No.15 of 2004 dismissing the suit. 2. The facts leading to the filing of this petition for leave to appeal, in short, are: 3. Respondent No......ADC (2011) 421. ...... 15. The High Court Division found that the Trial Court's finding that the plaintiff could not prove his possession and dispossession in the suit land appeared to be inconsistent with the material evidence on record. 16. The High Court Division on detailed consideration of the judgments of the..Category: Property Law | Date: | Hits: 79
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....ruck down as being arbitrary, mala fide and ultra vires the Constitution. 5. Writ respondent Nos.1 and 3 contested the writ petition by filing affidavits-in-opposition making similar statements of facts. The substance of their claim is that Chapter I of Part I of the Constitution deals with the s......Hossain J Bangladesh represented by the Cabinet Secretary, Cabinet Division, Bangladesh Secretariat, Dhaka-1000 .............................................Petitioner Vs. Md. Ataur Rahman and others…………………….Respondents Order March 13, 2011. Lawyers Involved: ......il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ..Category: Constitutional Law | Date: | Hits: 441
.... Court in First Appeal No. 117 of 1998 affirming the judgment and decree dated 25.2.1998 passed by the Subordinate Judge Court, Narayanganj in Title Suit No.345 of 1992 dismissing the suit.
2. The facts leading to the filing of this petition for leave to appeal, in short, are:
3. The schedule ......Hussain…………………………………………..Petitioner
Vs.
Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others ...............Respondents
Judgment
March 9, 2011.
Lawyers Involved:
Abdul Wa......3.1978 by the Government. Later, the disputed property along with properties was sold to Bangladesh Freedom fighters Kallyan Trust at a nominal price by a registered deed of sale dated 19.8.1980 as evidenced by exhibit 'Ja'. Therefore, it appears that Jute Trading Corporation Limited had no right ..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....e in evidence. Phipson on Evidence, Ninth Edition, at page 455 stated that "pleadings are admissible, in subsequent proceedings, to prove their own existence, the institution of the suit, and the facts in issue between the parties. But being regarded in other respects rather as the suggestions o......e Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Alimuzzarnan (Reza) and others..........................Appellants Vs. Md. Masudar Rahman @ Babul and others............hat the plaintiff’s deed of agreement for sale dated 27th March, 1984 is ante-dated and collusive one, created for the purpose of grabbing the suit lands. 4. The trial Court on assessment of the evidence on record decreed the suit. On appeal by the defendant from the said judgment and decree, a..Category: Procedural Law | Date: | Hits: 76
State Vs. Kazol, 2011, 40 CLC (HCD)
....r arranges for Taposh to be sent by taxi to a hospital. It is soon, thereafter, that Taposh is reported to have been declared dead. The informant eventually deposed as P.W.3 reiterating generally the facts as stated in the F.I.R. commencing with his son having been called away from home by the accus......Involved: A.M. Md. Azizul Haque, Advocate-For the Condemner Prisoner/ State Defense Lawyer. Bhishmadev Chakrabortty, Deputy Attorney General with Atiqul Haque (Salim) Assistant Attorney General and Abu Saleh Md. Fazle Rabbi Khan, Assistant Attorney General-For the State. Death Reference No...... occurrence. It is noted further that by dint of an Order of 23.8.2005 the Tribunal deemed it prudent to exercise its power to summon material witnesses under Section 540 of the Code that led to oral evidence being given by the P.W. 12 Hira and a cousin of Taposh’s the P.W. 13 Radha Gobinda, son o..Category: Criminal Law | Date: | Hits: 106
Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)
....ation under Section 241(v) read with Section 242 of the Companies Act, 1994 (“the Act”) for winding up the Respondent No.1 Federal Insurance Company Limited, a publicly listed company. 2. The facts of this case as ascertained from the material on record is that one Haroon Ferdousi (“the bo...... Karwan Bazar, Dhaka,……………….Petitioner Vs. Federal Insurance Company Ltd. represented by its Managing Director Chamber Building (2nd Floor) 122-124 Motijheel Commercial Area, Dhaka and another…………………........................Respondents Judgment May 20, 2010. ......reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ..Category: Company Law | Date: | Hits: 203
Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)
....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......993) 419. ......mentioned in ‘kha’ schedule to the plaint as void and inoperative and it has no connection with the land described in the schedule 'Ka' and that the matter is to be proved by oral and documentary evidence and there was no necessity for local inspection. Thereafter, the plaintiff petitioner filed..Category: Property Law | Date: | Hits: 80
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