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Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
....re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199.......t Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Munsurul Haque Chowdhury J Habibur Rahman Hawlader.................Accused-Petitioner Vs. State and another...............................Opposite parties Judgment June 29, 2000. Lawyers ......as insufficient. Then the cheque was again presented on 27‑5‑1999 but this time also the cheque was returned on 7‑6‑1999 with the remark that the account was closed. Opposite party No. 2 sent legal notice on 17‑8‑1999 for Taka 54,91,968 and notice on 21‑6‑1999 for Taka 5,75,000 and t..Category: Banking Law | Date: | Hits: 191
Abdur Rahman Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....ation under section 7 of Ordinance No. LIV of 1985, hereinafter referred to as the Ordinance praying to delete House No. 40, Tejkunipara, PS Tejgaon, Dhaka from its inclusion in the list of abandoned property/buildings and to restore/hand over its possession to the petitioner. The application was re......nt: Amirul Kabir Chowdhury J Md. Nizamul Huq J Abdur Rahman…………………..………………Petitioner Vs. Government of Bangladesh, represented by Secretary, Ministry of Works and another……………………….Respondents Judgment November 2, 2002. Lawyers Invol......‑10‑2000 passed by the Court of Settlement No. 1 in Case No. 15 of 2000 (Ka‑1 Tejkunipara, Dhaka) (Annexure-C) should no be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner Abdur Rahman filed an application under section 7 of Ordinance No..Category: Property Law | Date: | Hits: 59
Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
.... Petition No.1003 of 1994.) Judgment SK Sinha J.- Leave was granted to consider whether, the learned Judges of the High Court Division were justified in holding that the listing of the disputed property as abandoned property is not hit by proviso (a) to section 5 of the Abandoned Buildings (Su......ourt Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Muzammel Hossain J SK Sinha J Amena Khatun…………....Appellant Vs. Chairman, Court of Settlement and others.…………Respondents Judgment May 24, 2010. Cases Referred To- CQMH Md. Ay......rials on record, and held that the materials on record proved that from 22nd December, 1970 to 19th November, 1979 the appellant had no title over the disputed property as she failed to produce any legal document conferring her title of the disputed property by the real owner, that the contract fo..Category: Property Law | Date: | Hits: 65
Korban (Md.) Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....e have also verified the administrative file of WP No. 4674/02 from where it is evident that an advance release order was signed by an officer of this Court on 8‑10‑2002 and it was handed over to proper person for service. So, it is clear that the release order was served on 8‑10‑2002 and th......riginal Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Korban (Md.).......................................................Petitioner Vs. Government of Bangladesh and others...........Respondents Judgment February 5, 2003. Lawyers Involved: Sk Md. Mor......tained by the District Magistrate, Dhaka by an order dated 1‑9‑2002 and the petitioner by filing WP No. 4674/02 challenged the order of detention and this Court, found the order of detention as illegal on 6‑10‑2002 and on the basis of that order of this Court the detenu was released in the ..Category: Constitutional Law | Date: | Hits: 161
Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
...., it cannot included within the existing Pourashava. Moreover, notice under rule 3 inviting suggestions or objections under Declaration and Alterations of Municipalities Rules, 1978 have neither been properly issued nor the objections filed by the local people have been considered for the purpose of...... This Case is also Reported in: 55 DLR (2003) 190. ......y the Gazette Notification SRO No. 30‑Ain 2000 Sha‑Poura-2 Ga Sha‑1/92 dated 3‑2‑2000, issued by the respondent No. 1, Annexure-A to the petition, should not be declared to have been made illegally, without lawful authority and of no legal effect. 2. The case of the petitioners, for the..Category: Election Law | Date: | Hits: 85
.... the 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) 995....... Abdul Matin J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
M/S. Hamida Oil Mills, Proprietor Bhaiya Oil Mills Ltd…….....Petitioner
Vs.
The Agrani Bank Ltd. and others.……………………………........Respondents
Judgment
March 15, 2010.
La......s and also withdrew Money Suit No.13 of 2000 and caused the Rules issued in Writ Petition Nos. 1427 of 1998 and 667of 2003 discharged for non-prosecution; that the respondent Nos. 1 and 2 are under a legal obligation to obtain a compromise decree in accordance with the terms of the agreement dated..
Category: Banking Law | Date: | Hits: 191
....struction of any such evidence. On consideration of the evidence on record adduced by the plaintiff it appears to us that the findings of the learned Joint District Judge in that respect are based on proper reading of the evidence on record which are all documentary and we have nothing to interfer......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 ........... Tk. 5,54,69,729/- against the price of the fish feed supplied by the defendant No.7 they are not liable to pay the outstanding price to the plaintiff as claimed other than the commission that it was legally entitled to from the defendant No.7. Defendant No.3 took a different plea in its written sta..
Category: Civil Law | Date: | Hits: 96
.... 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 ......or holding of AGM of the Bank. It further appears that after the introduction of section 15KaKa to the Bank Company Act, 1991 one of the shareholders of the Bank filed a Writ Petition challenging the legality of the aforesaid Act which is registered as Writ Petition No.4809 of 2003 in the High Court..
Category: Criminal Law | Date: | Hits: 60
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....ement of law argued in 57 DLR(AD) 82. 6. We have heard the learned Senior Advocate for the accused petitioner and perused the connected papers. We are of the view that the High Court Division upon proper assessment of the materials on record has arrived at a correct decision in not invoking its......ohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Syed Amir Hossain..........................Petitioner Vs. The State and another……………………....Respondents Judgment April 12, 2010. Case Referred T...... ambit of section 464 of the Penal Code. He further submits that the findings of the High Court Division that the disputed deed's "genuiness may be challenged and evidence may be led to rebut its legal presumption under section 90 of the Evidence Act" is based on misconception of law, inasmuch..Category: Criminal Law | Date: | Hits: 54
....itle Suit No.136 of 1997 subsequently renumbered as Title Suit No.195 of 1999 in the 1st Court of the learned Subordinate Judge, Dhaka for realization of Tk. 75,34,909.64/- by selling the mortgaged property described in the plaint against the defendants and alleging, inter alia, that the defenda......esent:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
M/s. Aimon Electrical Industries, Proprietor, Md. Delowar Hossain and another.....Petitioners
Vs.
Judge, Artha Rin Adalat, 2nd Court at Dhaka and others …........ment the defendants executed a registered mortgage deed etc. in favour of the plaintiff and as per agreement the said amount of loan was disbursed and the defendants secured the said loan by creating legal and equitable mortgage of the property described in the plaint but as per terms and conditions..
Category: Civil Law | Date: | Hits: 96
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
.... Joy Gopal Chowdhury and others and after the death of Joy Gopal Chowdhury his widow Kallayani Debi was possessing and enjoying usufructs therefrom as possessor, and she subsequently settled the suit property with Surendra Nath Bhowmik, the predecessor-in-interest of the defendant, said Kallayani ......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......II ADC (2010) 960...Category: Property Law | Date: | Hits: 51
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
.... statement denying all material allegations contending, inter alia, that the suit is not maintainable in its present form and nature, barred by limitation, suffers from defect of parties, it is not properly valued and stamped and the suit is barred under Section 42 of the Specific Relief Act and a......n: VII ADC (2010) 945. ...... of law applicable thereto; that the High Court Division manifestly erred in law resulting in an error occasioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mere surmise and conjecture. The learned Advocate..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....defendants on 20th Poush, 1403 B.S. denied to make amicable partition of the suit land which were being possessed and enjoyed by the respective parties without partition in metes and bounds i.e. on proper measurement. 5. The defendant-respondent Nos. 1-4 contested the suit by filing written sta......her. Ed. This Case is also Reported in: VII ADC (2010) 940. ......We have also perused the impugned judgment passed by the High Court Division as well as the judgments passed by the courts below. The learned Advocate submitted that the High Court Division acted illegally in not taking into consideration that the appellate court below after scrutiny of the Exhi..Category: Property Law | Date: | Hits: 45
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....otification dated 7-10-99 as contained in Annexure-G should not be declared to have been made without any lawful authority and or such other of further order or orders passed as may be deemed fit and proper. 2. The petitioners case as stated in the application that he passed the MBBS Examination ......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...... be counted and he is quite eligible for admission according to the amended notification of the University and government policy as per Annexure-D and E as mentioned above. But the respondent No. 2 illegally did not process the petitioner’s admission form with malafide intention although the oppor..Category: Others | Date: | Hits: 100
....e impugned order under section 4(1) of the Anti Corruption Act, 1957 vide Memo 166-2002 (গ)/টাঃফোঃ-4/6308 dated 22.03.2003 (Annexure-A) asking the petitioner to submit statements of his properties including his assets and liabilities should not be declared to have been made without law...... Lake Apartment House No. 36, Flat No.402 (5th Floor), Road No.7, Dhanmondi R/A. Dhaka….............Petitioner
Vs.
Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others….............Respondents
Judgment
November 16, 2009.
Result:
The Rule is di......2.03.2003 (Annexure-A) asking the petitioner to submit statements of his properties including his assets and liabilities should not be declared to have been made without lawful authority and is of no legal effect.
2. Background of issuance of the Rule in short is that on 11.2.2001 District Anti ..
Category: Anti-Corruption Laws | Date: | Hits: 171
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....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. ...... 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 (......pondent presented those cheques to the bank for encashment but those cheques were bounced on 06.09.2005 for insufficient fund of the accused-appellant. Thereafter, the complainant-respondent issued a legal notice on 11.09.2005 upon the accused-appellant demanding payment of cheque money but the accu..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
....used registration of the deed of sale as stamp duty had been paid on the consideration mentioned in the agreement for sale. The Registrar claimed payment of duties on the basis of market value of the property on the date of presentation of the deed before him, prescribed by the Shammpattir Bazar Mul......o Reported in: 29 BLD (HCD) (2009) 703. ......84 dated 25.5.2008 issued by respondent No. 3 (Annexure-A-1) and the order dated 16.6.2006 (Annexure-A-2) passed by respondent No. 4 shall not be declared to be without lawful authority and are of no legal effect and why the respondent No. 3 should not be directed to register the kabala executed by ..Category: Property Law | Date: | Hits: 35
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....o impose interest on the car loan already disbursed pursuant to the impugned circular at the prevailing Bank rate and/or such other or further order or orders passed as to this Court may seem fit and proper. 4. The Rule is made returnable within 6(six) weeks from date. In the meantime, let the......(Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Mamtaz Uddin Ahmed J Md. Monjur Murshed………….........................Petitioner Vs. Government of Bangladesh and others…………Respondents Judgment June 24, 2009. Result: The Rule is discharged...... 2 to 5. Writ Petition No. 2249 of 2009. Judgment ABM Khairul Haque J.- This is an application under Article 102 of the Constitution of the People’s Republic of Bangladesh, challenging the legality of the Memo No. নির্দেশ পরিপত্র নং সাঋ বি/১০ ..Category: Banking Law | Date: | Hits: 205
A.B.M. Nurul Islam Vs. Bangladesh Sericulture Board, Rajshahi, 2009, 38 CLC (HCD)
....etitioner from service shall not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. Short facts, relevant for disposal of the Rule are that the petitioner was appointed a......D (HCD) (2009) 750. ......d by the order of the Respondent No.2 under the signature of the Respondent No.3 dismissing the petitioner from service shall not be declared to have been issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this court may seem fit and pro..Category: Employment/Service Law | Date: | Hits: 104
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....nd are illegal, without jurisdiction and void holding, amongst others, that the plaintiff has proved his title and possession in the suit land and that the suit land is not a vested or non-resident property and that the sale vide deed dated 28.10.1970 could not be executed or registered by Jadhuna......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.) ......00 by the learned Assistant Judge, Ramganj, Laxmipur, was reversed. 2. The respondent hereof as plaintiff filed the Title Suit No.88 of 2000 for declaration that the Mutation Khatian No. 270 was illegal, inoperative and collusive and made behind his back contending, inter alia, that the said ..Category: Property Law | Date: | Hits: 32
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