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Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)

....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......ition or claim of title in the land in suit by adverse possession. The appellate Court considered the aforesaid contention of the defendants and in the background of the materials on record held that papers i.e. Ext.C. Ext.D and the Exts. B-B(2) series have not given rise to any claim of adverse pos......ith costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......975 is erased, that the defendants have filed the order dated 25.11.1961 (Ext.C) passed in Miscellaneous Case Np.95 in support of their claim of possession in the land in suit, that on perusal of the documents filed by the parties it is seen that the plaintiff got the land in suit from the R.S. reco..

Category: Tenancy Law | Date: | Hits: 176

Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)

....ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......e    owner and are in possession. 4. We have heard Shahidul Islam, learned Advocate for the petitioner and perused the judgment of the High Court Division and other connected papers. 5. It appears that by the kabala in favour of plaintiffs' predecessor 1.20 acres of ......Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Sohrabuddin Molla.................................Petitioner Vs. Aminul Islam and others..............................Respondents Judgment February 25, 2004. ......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..

Category: Property Law | Date: | Hits: 22

Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)

....y Nos. 7, 8 and 9 (appellants No.2, 3 and 4 in Civil Appeal No. 64 of 1989). There will be no order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 166. ......8 to submit progress report of the work properly in time but Tapashee did not care to reply. The Sangstha had written to Tapashee on 24-11-1981 with a copy to the Dockyard to submit neces­sary papers to settle up the dispute arising out of the import of used engines by the Dockyard. The Sang......p;      Latifur Rahman J                     Dira Dockyard and Engineers Ltd. and others...................Appellants Vs. Bangladesh Shilpa Rin S...... import of used engines by the Dockyard. The Sangstha also wrote to both Tapashee and the Dockyard on 27-1-1982, 4-2-1982, 6-4-1982, 13-4-1982 and 6-5-1982 requesting them to submit the papers and documents and also for a report of break-up utilisation of fund but the Sangstha did not receive an..

Category: Business or Commercial Law | Date: | Hits: 311

State and another Vs. Shahidur Rahman alias Shahid and another, 2009, 38 CLC (AD)

....f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ......ioner and Mr. Anisul Huq and Mr. Abdul Baset Mojumder, learned Counsel appearing for the respondent and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. Mr. S.M. Abdul Mobin, learned Deputy Attorney General submits that the......iminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State................Petitioner (In Criminal Petition Nos. 335 and 336 of 2008). Md. Abdul Hai Bhuiyan ...........Petitioner (In Criminal Petition No. 125 ......f the High Court Division calls for no interference by this Court. In the result all the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 358. ..

Category: Criminal Law | Date: | Hits: 63

Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)

....istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ...... signed on a stamp of Taka 10/- giving him the power as an arbitrator. Thereafter said arbitrator Mr. Maksud Miah on 15.3.2004 asked the complainant and the petitioner to appear before him with their papers and documents in his office. Since the complainant was engaged in the field and the accused p...... (HCD) (2009) 327. ......a stamp of Taka 10/- giving him the power as an arbitrator. Thereafter said arbitrator Mr. Maksud Miah on 15.3.2004 asked the complainant and the petitioner to appear before him with their papers and documents in his office. Since the complainant was engaged in the field and the accused petitioner w..

Category: Criminal Law | Date: | Hits: 93

Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)

....01 affirming the judgment and order dated 17.10.201 passed by the Assistant Judge, Kalia, Narail in Miscellaneous Case No.65 of 1997 allowing the application for pre-emption. 2. The material facts relevant for disposal of this Rule are that the Opposite Party No.1 as pre-emptor instituted pre-emp......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......9) 175. ......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..

Category: Property Law | Date: | Hits: 37

S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)

....ings of the petitioner as Principal of said college (Annexure-‘G’) should not be declared to have been made without any lawful  authority and is of no legal effect. 2. Facts relevant for disposal of the Rule, in short, is that the petitioner passed S.S.C. Examination in t......                     Mir Hashmat Ali J.- I agree. This Case is also Reported in:  ......n, Bhola............. Petitioner. Vs. The People’s Republic of Bangladesh represented by Secretary Ministry of    Education, Bangladesh Secretariat, Ramna, Dhaka and others……….Respondents. Judgment August 26, 2009. Law......n Charge. He has further submitted that Mr. Asraf Ali did not submit any resignation or any medical certificate and in support of those statements at the time of filing the instant Writ Petition no documents were submitted by the Petitioner before this Court. 12. Mr. Mohammad Shah Alam, ..

Category: Constitutional Law | Date: | Hits: 121

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....in writing is available and, if so, on which grounds the appellants are seeking for the privilege." 45. The High Court Division is further directed to ascertain whether the papers in question are relevant on the basis of which the Prime Minister advised the President and to ascertain whether suc......les an application was filed by the writ petitioners in Writ Petition No.2975 of 2003 for a direction upon the Secretary, Ministry of Law and Justice and the Registrar of the Supreme Court to produce papers relating to recommendation of the Chief Justice in connection with the appointment of six Add......ivision Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Bangladesh represented by the Secretary, Ministry of Justice and Parliamentary Affairs and others ............Petitioners (In Civil Petition Nos. 2221 & 2222...... Ahmed, Mohammad Marzi-ul-Huq, Md. Shamsul Huda, Abdur Razzak and Hasan Foez Siddique. The learned Attorney General opposed the prayer for production of papers on the ground that they were privileged documents. The Special Bench nonetheless by its order dated 27.5.2003 directed the Secretary, Minist..

Category: Constitutional Law | Date: | Hits: 251

Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)

.... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......ub-Divisional Manager, Nawabganj in favour of the father of the plaintiff and certified copy judgment passed by Sub-judge, Nawabganj in Title Suit No.336 of 1985. The appellate Court accepted those papers as additional evidence but failed mention them as exhibits; that the plaintiff has introduc......mmad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Sadequl Alam……………..Petitioner Vs. Md. Mofizul Haque (Jalal) and others……..Respondents Judgement January 7, 2009. Lawyers I......view of the matter the plaintiff-petitioner should have taken such opportunity to amend the plaint either in the trial Court or appellate Court, but in the absence of any reference of such facts or documents in the plaint, while disposing this revision case it cannot be sent back on remand to the..

Category: Property Law | Date: | Hits: 27

Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)

.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement July 1, 2008. Lawye...... No.6199-Genl-dated 03.12.1965 under the defence of Pakistan Rules published by Dhaka Gazette dated 04.12.1965. It appears that the Government of Bangladesh proved the census list as well as others documents as provided under law by way of supplementary affidavit which shows that the suit propert..

Category: Property Law | Date: | Hits: 51

Special Reference No.1 of 2009, 38 CLC (AD)

....f the Constitution but he merely sought a legal opinion and as such the questions asked deserve no answer by this court. Mr. Huq nonetheless submits in the alternative that careful examination of the relevant provisions of the Army Act, 1952 and the fact furnished in the letter of reference conclusi......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ......r Rahman J Md. Abdul Aziz J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar C......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 289

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......d the sentence to one of imprisonment for life. 8. Heard Mr. A. K. Badrul Huq, the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. The learned Counsel submits, that the statements made in exhibit-8, the inqu......Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructe......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...

Category: Criminal Law | Date: | Hits: 60

Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......ed in: VI ADC (2009) 702. ......ficiary and the owner of the plots. 5. The High Court Division, after hearing, discharged the Rules holding that the cases of the petitioners are based on letters of allotment and subsequent documents allegedly issued by the office of the respondent No.1 and 6 and the petitioners on the b..

Category: Property Law | Date: | Hits: 34

Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)

....ncial crises and few of them are women who are facing family trouble from their husbands and their family members are threatening them to leave them for investing money in purchasing plots which is relevant to be stated that as per terms of the Indenture  Clause No.12 when a plot purchaser s......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......ivision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abu Sufian and others............................Petitioners Vs. Ferdoshi Begum and others&hell......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ..

Category: Business or Commercial Law | Date: | Hits: 199

Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)

....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......the judgment and order of the learned Assistant Judge. 7. We have heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. The learned Counsel for the petitioners submits that the learned Single......in: VI ADC (2009) 695. ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..

Category: Civil Law | Date: | Hits: 94

Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)

.... Revision Case No.1310 of 1996 and 201 of 1995 by a single judg­ment an order. 2. The petitioners of both the leave peti­tions are same-tenants and the respondent No.1 is the landlord. 3. The relevant facts are that the father of the petitioners was a tenant under the landlord-Bigrah and tha...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......so Reported in: VI ADC (2009) 680. ...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..

Category: Tenancy Law | Date: | Hits: 145

Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)

....e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......n the schedule to the plaint and as such there has been a failure of justice warranting interference by this Court. 7. 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......nvolved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 883 of 2008. (From the judgment and order dated 10.3.2008 passed by the High Court Division in Civil Revision No. 1079 of 2008) ......e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ..

Category: Property Law | Date: | Hits: 29

Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)

....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......rged the Rule and hence this peti­tion for leave to appeal. 5. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 6. It appears that the High Court Division considered that the plaintiffs ......rajit Dutta……………………………………………Petitioners Vs. Baidhya Nath Banarjee and others .........Respondents Judgment April 22, 2009. Lawyers Involved: ......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..

Category: Property Law | Date: | Hits: 28

Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)

....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dis­missed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dis­missed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......ed in: VI ADC (2009) 668. ...... have been also let out to different person and the suit is liable to be dismissed. 4. Trial Court after hearing the case and examining the evidence on record and perusing the agreement and documents decreed the suit by his judgment and decree dated 19.05.2003. 5. Being aggrieved b..

Category: Property Law | Date: | Hits: 57

Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....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: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......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: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 2009. Lawyers Involv......rivate market on the suit land have been collecting tolls there­from but the learned Subordinate Judge did not consider the same and without any basis held that Exts. A and B as fraudulent pieces of documents. 6. As it appears the High Court Division made the Rule absolute holding that admittedl..

Category: Property Law | Date: | Hits: 25