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Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
.... written statement, the evidence on record and the judgment and decree passed by the learned Assistant Judge and the impugned judgment and decree passed by the learned Subordinate Judge and the relevant provisions of President's Order No.137 of 1972 and the relevant provision of sections 86 an......after hearing the High Court Division discharged the Rule. 3. We have heard the learned advocate and perused the impugned judgment and order of the High Court Division and also other connected papers. 4. As it appears the High Court Division considered the plaint, written statement, th...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Banglades......and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 99. ..Category: Property Law | Date: | Hits: 24
....with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......rectly when no auction sale is possible to be held for any reason. We have carefully examined the writ petition, affidavit-in-opposition and supplementary affidavit-in-opposition along with connected papers as filed therewith, it appears that the respondent No.1, Agrani Bank filed Money Execution Ca...... Karim J
Md. Joynul Abedin J
Shah Abu Nayeem Mominur Rahman J
Provat Kumar Das..............Petitioner
Vs.
Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another........Respondents
Judgment
April 26, 2009.
Lawyers Involved:
......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
..
Category: Civil Law | Date: | Hits: 121
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....ution to the anti defection law but it lies on the court to interpret it in a manner which will fine a balance on the above issues. In doing so, it shall have to determine whether the language of the relevant Articles of the constitution should be given an extended meaning or strict interpretation......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......86; Bradlaugh Vs. Gossett 1884 (12) QBD 271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney General wi......on and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavit; (d) issuing commissions for the examination of witnesses or documents; (e) such other matter as may be prescribed. (2) Any proceeding before the Elect..Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....pondents, he submits, that the two members concerned had resigned from their party but it is their contention that they will be "deemed to have resigned" according the their party constitution. The relevant provisions of the Constitution of BNP provide as follows: ৫। সদস্য প......as resigned from the BNP. Besides, the leaders of the ruling party claim that the concerned members had joined the so-called "consensus Government" by way of representing the BNP. All the major newspapers of the country covered these issues extensively for several weeks. 3. The Speaker, res...... Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament Secretariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)
....volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......e accused petitioner has filed this petition for leave to appeal. 8. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that P.W.1 the informant specifically stated that his brother......e instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.06 of 2009. (From the judgment and order dated 19.02.2008 passed by the High Court Division in Criminal Appeal No. 337 of 2002.) ......volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ...... 11. Heard Mr. A. K. M. Zahirul Huq, learned Additional Attorney General appearing for the petitioner 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 High Court Division on consideration of the evide......Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J The State……………...Petitioner Vs. Md. Shahid Bepari @ Shahidullah and others…………....Respondents Judgment November 23, 2009. Result:......nce on record and call for no interference by this Court. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 353. ..Category: Criminal Law | Date: | Hits: 294
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......Mr. M. A. Aziz Khan, the learned Counsel appearing with Mr. Khurshed Alam Khan for the petitioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. The learned Counsel submits that the High Court Division erred in law b...... Md. Abdul Matin J Md. Abdul Aziz J Anti Corruption Commission represented by its Chairman1, Segunbagicha, Dhaka…Petitioner Vs. Barrister Mohammad Shahjahan Omar and another........Respondents Order April 23, 2009. Lawyers Involved: M......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......etition for leave to appeal. 12. Heard Mr. Enayetur Rahim, learned Additional Attorney General and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that the High Court Division while granting bail considered ......g rise to the present petition are as under:- The respondent surrendered before the Court of Chief Metropolitan Magistrate, Dhaka in connection with Ramna P.S. Case No. 53(12)206 on 22.02.2007 and the Court of Chief Metropolitan Magistrate, Dhaka vide order dated 22.02.2007 sent him to custod......nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..Category: Others | Date: | Hits: 98
Md. Shamser Ali another Vs. Md. Shahajahan Ali and others, 2009, 38 CLC (AD)
....rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ......itioners have filed this petition for leave to appeal. 4. Heard the learned Advocate-on-Record and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 5. It appears that in a suit instituted in 1996 a similar prayer for substi...... Present: Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Shamser Ali another……………………...Petitioners Vs. Md. Shahajahan Ali and others………….......Respondents Judgment November 19, 2009. Lawyers In......rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ..Category: Procedural Law | Date: | Hits: 92
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. Lawyers Involved...... should be disposed of in her presence. However, her liability is not dependent on her status as the Chairman or shareholder of the company unless it is found on evidence that she executed the charge documents in favor of the bank or mortgaged her property in its favor in order to ensure repayment o..Category: Banking Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
....l and without lawful authority having no validity in the eye of law and that the petitioner taking advantage of the non-availability of the original records, since destroyed with the furring of the relevant Registration Office during 1971, has created the anti-dated forged document of sale and tha...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respond...... document and the purchase of the suit land in 1968 is illegal prima-facie in view of notification dated 18.11.1961 gazetted on 30.11.1961. 4. The High Court Division on consideration of the documents annexed to the writ petition as well as the submissions of the learned Advocates of the co..Category: Property Law | Date: | Hits: 21
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....rived 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) 330. ......e said admitted fact affirmed the judgment and thereby committed error of law occasioning failure of justice. 8. We have heard the learned Deputy Attorney General and perused the connected papers including the impugned judgment. There are concurrent findings that the plaintiff has fai...... Appellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others………......rived 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) 330. ..Category: Property Law | Date: | Hits: 25
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....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) 324. ......uch, the impugned judgment and order passed by the learned Judge of the High Court Division is liable to be set aside. 8. We have heard the learned Advocate-on-Record and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High ....... Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdus Subhan ...............................Petitioner Vs. Md. Khademul and others………….......Respondents Judgment February 14, 2010. Lawyers In......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) 324. ..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......ounsel appearing for the petitioner and Mr. Mahmudul Islam, learned Counsel appearing for the respondent No.1 and perused the petition and the impugned judgment and order of this Division and other papers on record. 13. The learned Counsel submits that this Court failed to consider that both th...... Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another .........Respondents Judgment July 16, 2009. Lawyers Involved: Rokouddin Ma......40 by ordering the application No.21508 in class-30 of the petitioner to be advertised in the Journal on consideration of two affidavits without sales figures or advertisements figures or any other documents which could have empowered the registrar to waive the objection under the aforesaid sectio..Category: Intellectual Property Law | Date: | Hits: 273
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......ur of plaintiff, his brother could not have transferred 308 shahasrangsha land by way of deed of gift dated 23.12.1990 in favour of plaintiff. Learned trial Judge thereafter held that on catechism of papers of mutation, record of right, plan prepared by Pourashava and copy of petition to Pourashava ......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Musammat Afroza Haque…………...Petitioner Vs. Miss Rowshan Ara Begum and others…..........Respondents Judgment August 23, 2009. Lawyers Involved: ......ion which call for no interference by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ny justification or explanation. No reason was offered by the petitioner or any Immigration Official either at the time of refusal or any time thereafter. Although the respondent No.1 possessed all relevant and valid travel documents (including a valid Bangladesh Passport, valid visas and a ticket......ision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......mmel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka. ........Petitioner Vs Allama Delawar Hossain Sayedee and others........Respondents Order August 24, 2009. Result: The leave petition is dis......anation. No reason was offered by the petitioner or any Immigration Official either at the time of refusal or any time thereafter. Although the respondent No.1 possessed all relevant and valid travel documents (including a valid Bangladesh Passport, valid visas and a ticket), he was refused permissi..Category: Others | Date: | Hits: 115
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......CJ Md. Abdul Matin J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and others…………. Petitioners Vs. Md. Abdul Kayum Miah............ Respondent ......lastly elected as President of Faridpur District Minibus Owners Samity on 17th March, 2007 for a period of two years and his tenure "will be expired on 17.3.2009". The petitioners also filed some documents by filing Additional paper book, relating to the election schedule, the formation of the e..Category: Constitutional Law | Date: | Hits: 107
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....er's allotted plots, standing factory building along with machineries, apparatus, laboratory equipments violating the provisions of Sections 12(3), 69 of Transfer of Property Act, 1882 and also the relevant clause of agreement for hire purchase deed. 7. The High Court Division discharged th......n the petitioner has filed these petitions for leave to appeal. 9. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that in the earlier writ petition direction was given to t......nha J Md. Nurul Abedin……………….Petitioner (In both the cases) Vs Bangladesh represented by the Secretary, Ministry of Industry, Police Station-Motijheel 1, Dhaka-1000 and others….......Respondents (In Civil Petition No.832 of 2009) Judgment January 6,......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
.... the Adalat before making the sale. 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) 295.......h Court Division failed to consider this aspect of the case and discharged the rule illegally occasioning failure of justice. 6. We have heard the learned counsel and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High ......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and others ..........Responde...... the Adalat before making the sale. 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) 295...Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......ting in an error in the impugned decision occasioning failure of justice. It is further submitted that at the time of preparation of the plaint, the plaintiffs could not collect all the necessary papers and thereby could not include the same in the plaint but now they have collected the necessar......010) 295. ......of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ..Category: Property Law | Date: | Hits: 35
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