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Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)

.... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......22nd November, 2005 the writ of delivery of possession was returned to the Executing Court after due service and the auction purchaser-respondent filed an application for getting back the necessary papers. The said application was allowed on 27th November, 2005. In the meantime, on 30th October, 2...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Jalaluddin Ahmed and others...................Petitioners Vs. Md. Selim Hossain and others................... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dismissed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ..

Category: Property Law | Date: | Hits: 28

Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

.... dated 29.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal Nos. 602 of 2007 and 604 of 2007 by which leave petitions were dismissed by a single judgment. 2. The facts relevant for disposal of the review petitions are that the predecessor of respondent Nos. 1(a)-1(g) ......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......ahman J BK Das J Md. Muzammel Hossain J Abdul Gafur.....................Petitioner (In both the petitions) Vs. Pre-emptor No.1-Md. Nuru Miah being dead his heirs: Md. Muklesur Rahman and others...........Respondents (In both the petitions) Order August 23, 2009. Lawyers......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..

Category: Property Law | Date: | Hits: 27

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....rm No. 38. In Police Regulation No. 264, details are given as to how this diary shall be maintained. Regulation No. 263 provides that in the diary, the police officer is to show the time at which the relevant information reached him, the time at which he began and closed his investigation, the place......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......3. ......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

.... to have been filed by him on 27-9-1995 and further on comparison of the signatures made in the said application and the CD, serious discrepancies have been found and though such matters may not be relevant but the positive case advanced by the defence regarding political influence can also not be......nd 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 BLC (AD) (2010) 140. ......(Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J State.....................Petitioner Vs. Shahin and others...... ............Respondent Judgment April 27, 2009. Cases Referre......nd 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 BLC (AD) (2010) 140. ..

Category: Others | Date: | Hits: 93

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......han and Mr. AJ Mohammad Ali, the learned Counsel appearing for the respondent Nos.1-4 in both cases and perused the petition and the impugned judgment and order to the High Court Division and other papers on record. 9. Mr. Mahmudul Islam, the learned Counsel submits that the appellants havi....... ......ing out of order dated 2-12-1991 of the High Court Division clouding the title of the appellant. The suits filed by the original owners of the disputed cause of action airing from the creation of documents relating to exchange of the disputed property and so the provisions of Order XXIII, rule..

Category: Property Law | Date: | Hits: 29

Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)

....is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ....... Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......t the Exhibit A series did not relate to the lands in CS khatian No.77 and over and above, those rent receipts were not supposed to be kept in the possession of the defendants, which are ante dated documents, that the defendants have miserably failed that the lands in CS khatian have been sold for..

Category: Tenancy Law | Date: | Hits: 174

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....tive effect is totally illegal and without jurisdiction. In this connection learned Counsel have referred certain provisions of the Anti-Corruption Act, 1957, the DurnityDaman Commission Ain 2004, relevant rules of Durnity Daman Commission Rules, 2007, section 6 of the General Clauses Act and Art......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ision (Criminal) Present: Md. Fazlul Karim CJ MA Matin J ABM Khairul Haque J SK Sinha J Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4).........Appellant Vs. State and another…………………Respondents Judgment April 4, 2010. The Code of Criminal Pr......he abuse of the process of the Court but that power cannot be exercised to hold a parallel trial only on the basis of the allegations made in the first information report, the police report and the documents collected during the enquiry or investigation of the case for the purpose of expressing an..

Category: Anti-Corruption Laws | Date: | Hits: 195

State Vs. Azizul Haque, 2008, 37 CLC (AD)

....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......se was transferred to the court of the learned Sessions Judge, Chittagong for trial. The learned Sessions Judge, Chittagong after hearing the parties, examining the said FIR, charge sheet and other papers was pleased to frame the charge against the accused appellant and others under sections 302/1...... The State……………………….Petitioner Vs. Azizul Haque ...............Respondent Judgment November 23, 2008. Lawyers Involved: Mohammed Ali Akanda, Deputy Attorney General instructed by Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the P......failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ..

Category: Others | Date: | Hits: 63

Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......n the petitioner has filed this petition for leave to appeal. 17. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 18. The learned Advocate submits that while examining the petitioner under ......ve is granted. Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Zainul Abedin, Deputy Attorney General and also Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 9 o....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..

Category: Others | Date: | Hits: 83

Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)

....iate the complainant and his father in the estimation of the public and with that end in view influenced accused Nos.1 and 2. 4. The further case of the prosecution is that accused No.1 at the relevant time was sub-Inspector of Police at Pirojpur Police Station and accused No.2 was P.S.I at K......armaceuticals compound. Azizul Haque, father of accused petitioners was the eldest son of Md. Shamsuddin Talukder. Azizul Haque used to look after the business and taking the advantage he created papers fraudulently for grabbing the business establishments. Azizul Haque died in the year 1999 a......urt Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another……….Petitioners Vs. The State and another..........Respondents ...... the judgment and order of the High Court Division calling for interference by this Court and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ..

Category: Others | Date: | Hits: 82

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ...... recording of S.A. Khatian and R.S. Khatian in the name of the defendant-appellants should not cover any title to the suit property upon them and admittedly the defendant-appellant failed to show any papers showing that the suit property was vested in Government and the Government gave pattan to Khe...... also Reported in: VII (ADC) (2010) 216. ......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......13. We have heard the learned Counsels of both sides, perused the judgment and order passed by the trial Court, the impugned judgment and order passed by the High Court Division and other connected papers on record. On perusal of the plaint it appears that admittedly the predecessor of plaintiff......Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and oth......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..

Category: Tenancy Law | Date: | Hits: 185

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)

.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ...... to avail the benefit of previous exemption of interest. 7. We have heard the learned counsels and perused the impugned judgment and order of the high Court Division and also other connected papers. 8. As it appears that before the High Court Division there was no materials to show t......l Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Janata Bank...........Appellant (all the cases) Vs. M/S. Natun Pragoti Paribahan Sangstha and others………..Respondents M/S. Beauty Engineers Corporation and others…………........ order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..

Category: Banking Law | Date: | Hits: 98

Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......s for leave to appeal. 13. Heard Fida M. Kamal, learned Counsel appearing for the petitioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 14. It appears that admittedly the petitioner was the director of the compa...... Md. Abdul Aziz J Tanvir Ul Islam……………Petitioner (In all cases) Vs. General Manger, Credit Information Bureau, Bangladesh Bank, Motijheel Commercial Area, Dhaka-1000 and others…………..Respondents (In Civil Petition No. 540 of 2009) Judgment Apri......ial institutions and as such resignation is not acceptable pursuant to the provision of Section 27Ka of the Banking Company Ain, 1991 (shortly the Act of 1991). The petitioner did not produce any documents showing that consents/approvals were obtained from the lender bank/financial institutions ..

Category: Business or Commercial Law | Date: | Hits: 216

Dr. S. M. Eunus Ali, Free Friday Clinic Vs. Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another, 2009, 38 CLC (AD)

....sion 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) 194. ...... this petition for leave to appeal. 7. Heard the learned Advocate appearing for the petitioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. It appears that the respondent bank already became the owner of all the ...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Dr. S. M. Eunus Ali, Free Friday Clinic …………..Petitioner Vs. Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another……………….Respondents Judg......sion 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) 194. ..

Category: Others | Date: | Hits: 84

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....ess for the evaluation of the petitioner's application. The concerned Upazilla Bhumi office in due course after physical verification submitted a report to the Upazilla Nirbahi Officer along with all relevant documents and the said Upazilla Nirbahi Officer in turn forwarded the said report with re...... for the petitioner and Nazrul Islam Talukder, the learned Advocate appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 16. It appears that the petitioner did not furnish the security money as ...... ......he evaluation of the petitioner's application. The concerned Upazilla Bhumi office in due course after physical verification submitted a report to the Upazilla Nirbahi Officer along with all relevant documents and the said Upazilla Nirbahi Officer in turn forwarded the said report with recommenda�..

Category: Property Law | Date: | Hits: 26

Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

....ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ......tition for leave to appeal. 8. Heard Enayetur Rahim, the learned Additional Attorney General and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the High Court Division correctly found that the order o......zul Islam J Md. Abdul Matin J Md. Abdul Aziz J Director General of Food, 16 Abdul Goni Road, Dhaka-1000………….Petitioner Vs. Al-Falah Shipping Lines Limited and others…………….Respondents Judgment May 10, 2009. Lawyers Involved:......ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ..

Category: Others | Date: | Hits: 356

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....ion committed no illegality in dismissing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......l appearing for the petitioners and Mahmudul Islam, the learned Counsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 14. It appears that the High Court Division found that the trial Court righ...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Nazrul Islam and another…………..Petitioner Vs. Secretary, Ministry of Public Works, the Peopl......ion committed no illegality in dismissing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ..

Category: Property Law | Date: | Hits: 23

Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)

....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......aring for the petitioner and Abdus Salam Mondal, 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. 8. The learned advocate submits that in view of the fact that the responden...... Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Enam Hossain………………Petitioner Vs. Kayesh Miah and others…………………Respondents Judgment November 15, 2009. Lawyers......ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ..

Category: Trust/Waqf Law | Date: | Hits: 200

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......pearing for the petitioner and Mahbubey Alam, the learned Counsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 11. It appears that for enlargement of time no case was made out before the......J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Fazlul Haque……………………………....Petitioner Vs. Abdul Malek alias Maya Miah and another…….......Respondents Judgment November 12, 2009. Lawyers Involv......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..

Category: Property Law | Date: | Hits: 29

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