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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.......pearing for the petitioner and Mr. Badruddoza, the learned Advocate appearing for the respondent No.1 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 12. The learned Advocate-on-Record sub­mits that the High Court Division befor......Abdul Kader…………………....Petitioner Vs. Bangladesh Road Transport Corporation repre­sented by Chaiman having its Head Office at Paribahan Bhaban, 21, RAJUK Avenue, Motijheel, Dhaka and others .........Respondents Judgment February 15, 2010. Lawyers Involved: Md. Abu S......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...

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

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

....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.......ave to appeal. 9. Heard Dr. Kazi Akter Hamid, the learned Advocate appearing for the peti­tioners and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that the plaintiff proved that document dated 22.02.1979 which i......late 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 Sree Bishonath Das and others………………………..Petitioners Vs. Sree Binoy Kumar Das and others……â€......plaintiff’s case is liable to be dismissed with cost. 5. The Monirampur Upazila Munsif Adalat, Monirampur, Jessore on due con­sideration and assessment of 3(three) P.Ws. and 3 (three) D.Ws. and documents submitted by both the parties in the judg­ment and decree dated 30.08.1987 in Title Suit ..

Category: Property Law | Date: | Hits: 27

Md. Yusuf Chowdhury Vs. Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000, 2009, 38 CLC (AD)

....h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......etitioner and Mr. Abdul Wadud Bhuiyan, the learned Counsel appearing for the respondent Nos.4 & 6 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 12. It appears that the Administrator of Waqf by order dated 03.05.1986 held th......in J Md. Abdul Matin J Abu Nayeem Mominur Rahman J Md. Yusuf Chowdhury……………….......Petitioner Vs. The Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000 and Others…….....Respondents Judgment November 8, 2009. Lawyers Involved: Sk. Zalfiq......h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474...

Category: Trust/Waqf Law | Date: | Hits: 185

Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....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.......n-resident property and that the suit land has been lease out to the defen­dant No.2 vide VP Case No.1/Satu/81/ who has been possessing the same paying lease money to the Government and that all the papers of the plaintiff are false and as such, the suit is liable to be dismissed. 4. Mr. A. J. M...... Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mojibor and another………..................Petitioners Vs Md. Nurul Islam and others……………......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. ......is Case is also Reported in: VII ADC (2010) 459. ......rge over all movable assets both present and future including all plant, machineries and equipments, stocks of raw materials, work in progress, fin­ished goods, stock in transit, receivables and all documents of title, all insurance and proceeds of insurance. The sharehold­ers of the Company also ..

Category: Company Law | Date: | Hits: 197

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

....his name in the record of rights and paying rents of the house to the authorities. But during the war of liberation Abdur Rahman was absent in the premises and his where­abouts were not known at the relevant time i.e. on 28.02.1972 and accordingly the property was duly declared as aban­doned prope......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...... (AD) (2010) 179......of 1972. 6. Mr. Md. Nawab Ali, learned Advocate on-Record, appearing for the respondent submitted that the High Court Division made the Rule absolute on the facts and circumstances of the case and documents produced by the respondent; that the appellants did not prove that the property came withi..

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. ......­tioner and Mr. A. S. Moniruzzaman, learned Assistant Attorney General appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 12. The learned Counsel submits that the High Court Division committed error of......fazzal Hossain……………………….....Petitioner Vs. The Government of the People's Republic of Bangladesh repre­sented by the Secretary, Ministry of Local Government Rural Development and Co-operatives, Bangladesh Sachibalaya, P.S.-Ramna, Dhaka-1000 and others…............Responden......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. ..

Category: Election Law | Date: | Hits: 92

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

....ssession of the properties beyond his known source of income through illegal means. This ‘satisfaction’ must be of the Commission itself constituted of no other person than its Commissioners. The relevant order to submit assets may be issued by any of its authorised officials but the decision to......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. ...... Md. Muzammel Hossain J Surendra Kumar Sinha J The Anti-Corruption Commission, represented by its Chairman, 1, Segunbagicha, Dhaka........... Petitioner. Vs. Dr. Muhiuddin Khan Alamgir and others.......... Respondents. Judgment July 04, 2010. Result: The petition is dism......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)

.... 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: ......uring the Bangladesh settlement the total land of the suit plot No.1350 prepared in the name of plaintiff Abdul Kader. At the time of survey in the locality when the plaintiff had been consulting his papers found that in the schedule of his purchase deed dated 26.01.1951 erroneously plot No.1349 has......ed in: ...... 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: ..

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: ......rt No.2, Sher-e-Bangla Nagar, Dhaka committing error of law. 7. We have heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. The learned Advocate submits that the grounds set forth in the writ petition...... Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti Corruption Commission represented by its Charmin, Head Office, 1 Segunbagicha, Dhaka……….....Petitioner Vs. Shah Alam Chowdhury and others............Respondents Order January 13, 2007. Lawyers Involved: Mansur Habi......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: ..

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)

....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: ......the petitioner has preferred this petition for leave to appeal. 17. We have heard learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 18. Mr. Moinul Hosine, learned Counsel appearing for the petitioner submits tha......prayed for. Ed. This Case is also Reported in: ......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: ..

Category: Civil Law | Date: | Hits: 82

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

....l tanneries shall shift from Hazaribagh within February, 2010. 9. Besides, she submits, the whole of tannery area are of red category, but still they did not install ETP in direct violation of the relevant provisions of environmental laws. In this connection, she refers to the decision of Dr. Moh......rol pollution within one year and report compliance but the said respondent miserably failed to do so. Of late, we came to learn about the deplorable condition of pollution as reported in various newspapers and the pictures printed thereon. As such, by our order dated 28.4.2009, asked the respondent......ourt 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 Rezwana Hasan w......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. ..

Category: Environmental Law | Date: | Hits: 279

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

....hts of a human being to live in a healthy atmosphere and constitutional remedy under Art.102 will be available if this basic human right is threatened due to violation of any of the provisions of the relevant laws enacted for such purpose or due to recklessness or negligence on the part of any perso......ports (Annexure-I) prepared by the Directorate of Environment itself shows that the number of industrial units and projects causing environmental pollution is on the increase all over Bangladesh. The papers annexed with the petition and the subsequent Supplementary Affidavit is not denied by the res...... Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples U......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ..

Category: Environmental Law | Date: | Hits: 345

Abul Hossain Vs. State, 2008, 37 CLC (AD)

.... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134.......1 under sections 302/201/34 of the Penal Code. 8. Thereafter, the learned Additional Sessions judge, 2nd Court, Noakhali after hearing the parties, examining the said F.I.R. Charge Sheet and other papers framed the charge against the accused appellant and his 1st wife under sections 302/201/34 of....... Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 125 of 2007. (From the judgment and order dated May 25, 2006 passed by the High Court Division in Death Reference No.57 of 2003 with...... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134...

Category: Criminal Law | Date: | Hits: 45

Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)

....ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ...... Counsel for the petitioners and Mr. Syed Mahbubur Rahman, the learned Advocate-on-Record for the respondents in both the cases and perused the judgment of the High Court Division and other connected papers. 9. It is not disputed that the lands claimed in both the writ petitions were acquired by .................................Petitioner (In Civil Petition No.439 of 2006) Vs. Executive Engineer, Roads & Highways & others…........Respondents (In Civil Petition No. 438 of 2006) Land Acquisition Officer & others.........Respondents (In Civil Petition No.439 of 2006) Judgm......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ..

Category: Property Law | Date: | Hits: 23

Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)

....hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ......orruption Commission has filed this petition for leave to appeal. 10. Heard the learned Advocate and perused the petition and the impugned judg­ment and order of the High Court Division and other papers on record. 11. It appears that the High Court Division has correctly followed the obser­v......J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti Corruption Commission represented by its Chairman, Dhaka.........Petitioner Vs. Barrister Mir Mohammad Helal Uddin and another…………………..Respondents Judgment June 19, 2008. Lawyers Involved: ......hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ..

Category: Criminal Law | Date: | Hits: 51

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

....s dated 27-7-1964 in the name of his wife Tarina Akhter Khatun. In this way the pre-emptor and opposite parties Nos.7-15 are co-sharers in the Case land and their names have been duly recorded in the relevant RS Khatian. It has been contended by the pre-emptor that by the disputed 4 kabalas dated 20......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......il Miscellaneous Jurisdiction) Present: Gour Gopal Saha J Sikder Maqbul Huq J Captain (Md) Lutfar Rahman……………………Appellant Vs. Md. Abu Taher and others………………….Respondents Judgment October 31, 2000. Cas......executed on 20-7-1991 without containing any recital for re-conveyance and the so-called unregistered deeds of agreement for re-conveyance having not being executed on 20-7-1991 to be contemporaneous documents but subsequent thereto, the learned Subordinate Judge was manifestly wrong in refusing pre..

Category: Property Law | Date: | Hits: 22

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

.... Judge is also directed not to grant any adjournment to any of the parties. 17. With recording of the above observation I record a further order which is that Learned Assistant Judge, Dhaka at the relevant time who was the presiding judge is directed to show cause within 1 (one) month of the rece......tiff opposite party is represented by Md. Hannan along with Mr. Md. Mainul Islam and Mr. AB Showkat Ali, the learned Advocates. 13. Heard the learned Advocate, perused the impugned order and other papers annexed in the Civil Revision petition as well as the supplementary affidavit filed by the de...... Chowdhury………………….Opposite Party Judgment April 20, 2000. Lawyers Involved: Md. Waliur Reza Chowdhury, Advocate—For the Petitioner. Md. Hannan with Md. Mainul Islam and AB Showkat Ali, Advocates—For the Opposite Party. Civil Revision No.1579 of 1999. Judgme......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ..

Category: Property Law | Date: | Hits: 27

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......aintiff-petitioner is represented by Mr A Hasib assisted by Mr. MA Tariq, the learned Advocates. 9. Heard the Learned Advocate, perused examined the Order Books of Civil Revision Petitions and all papers in the record and other materials placed before me. I had also examined the defendant opposit......€¦â€¦â€¦Petitioner Vs. Executive Engineer & others……………Opposite Parties Judgment January 26, 2000. Lawyers Involved: Syed Ziaul Karim, with Md Salauddin Talukder and Syeda Maimuna Begum, Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for t......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ..

Category: Property Law | Date: | Hits: 21

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....he Limitation Act, Annexure B, it appears that cause shown or explanation made were very much loose. In paragraph No. 2 of the said application it is stated that the learned Government Pleader at the relevant time did not notice the pronouncement of judgment recorded in suit and did not inform appel......costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......ands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......ppeal and order for maintenance of status quo between the parties with respect to possession of suit property. Learned District Judge recorded the testimony of plaintiff No.1 as PW1 and admitted some documents which have been exhibited as Exhibit 8 series. The proceeding of the appeal before Distric..

Category: Limitation Law | Date: | Hits: 152