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Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)

....der the appellate Court allowed the prayer and ordered for sending the documents in question for comparing the LTI thereon to be compared with the admitted LTI of the plaintiff appellant. The court also directed that 3(three) LTIs of the plaintiff appellant should be taken in the court on 28-6-98 an......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214....... defendant-petitioners and Mr. Garib Newaz, the learned Advocate appearing for the plaintiff opposite parties, perused 6. The learned Advocate appearing for the petitioners submits that before the trial Court the opposite party No.1 herself filed an application praying for not sending the documen......der as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...

Category: Procedural Law | Date: | Hits: 90

Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)

....s dewatering. Originally, 90,678 square feet with the depth of 28 feet was to be pumped out. But for change of the original design 1,51,001 square feet with depth of 37 feet water was dewatered. He also claimed Taka 15,24,221.30, for the difference he had to incur loss for purchase of MS Rod at the ......ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......that the appeal should be allowed on this ground alone and the party should be directed to pursue the arbitration which they agreed in the contract. Then, he submitted on merit of the appeal that the trial Court decreed the suit in its entirety without any evidence to support the claims of the plain........Appellant Vs. Contractor, Manu Barrage……….Respondent Judgment October 30, 2000. Result: The Appeal is allowed. Lawyers Involved: Rafique Rahman with Tufailur Rahman and Sufia Ahammed, Advocates—For the Appellant. Md. Moksudur Rahman with Fazlul Haque, Advocate..

Category: Civil Law | Date: | Hits: 132

Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)

....t case before us as we find from the petition of complaint, there was nothing to show that the petitioner made any specific promise of making payment within a specified time. In the instant case we also find that the transaction between the parties was a business transaction. The accused petitioner ......t Opposite Party. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 1836 of 2000. Judgment Md. Hamidul Haque J. - By this Rule, opposite parties were called upon to show cause as to why the proceedings of CR Case No. 315 (ka) 99 (TR No.172/99) pendin...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ...... ..

Category: Criminal Law | Date: | Hits: 42

Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)

....ir legal right of hearing which has occasioned serious failure of justice. He further submits that the learned Court after considering all the facts, circumstances, the documents of the parties and also the Commissioner’s report granted ad-interim injunction restraining the contesting defendants a......, the Appellate Court or the proper officer of that Court shall endorse thereon the date of presentation, and shall register the appeal in a book to be kept for the purpose. (2) Such book shall be called the Register of Appeals. According to the above provision the Appellate Court shall register ......ith a prayer for temporary ad interim injunction for restraining the contesting defendants from entering into the suit land and from dispossessing the plaintiffs from the Suit land. 5. The learned trial Court after considering the facts and circumstances, perusing the documents of both sides and ......dge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the judgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of..

Category: Procedural Law | Date: | Hits: 81

Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)

.... of tin shed there was serious bitterness between the parties, that at about 9.00 p.m. in the night following June 29, 1990 P.W.1 went to sleep in his north bhiti hut and other inmates of the house also went to sleep and at about 1.00 hour of 30th June, 1990 the informant and other inmates of the ho....... In due course records were sent to the Court of Sessions Judge, Jamalpur and thereupon Session Case No. 58 of 1990 was registered. 8. The accused persons in all 7 were put on trial and they were called upon to answer the charge under section 302 read with section 34 of the Penal Code to which t......the Penal Code. 7. In due course records were sent to the Court of Sessions Judge, Jamalpur and thereupon Session Case No. 58 of 1990 was registered. 8. The accused persons in all 7 were put on trial and they were called upon to answer the charge under section 302 read with section 34 of the P......Present: Md. Tafazzul Islam CJ Mohammad Fazlul Karim J Md. Abdul Matin J Bijan Kumar Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdul Kader @ Kada and others…………Petitioners Vs. The State…………………………………......Re..

Category: Criminal Law | Date: | Hits: 57

Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)

....ered kabuliat in their favour on 30th As win, 1325 B.S. the land was originally laik patit in nature and the set­tlement holders reclaimed the same by spending huge amount of money and labour they also paid rent of the same to the zaminder shreesta. The plaintiffs since the time of their predecesso...... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513.......ned District Judge, Sunamgonj which was heard by the learned Additional District Judge, Sunamgonj who by the judgment and decree dated 14.08.2001 dismissed the appeal and affirmed the judgment of the trial court. 7. Being aggrieved the plaintiff moved Civil Revision No. 5892 of 2001 before the Hi......resent: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Hazi Sanjob Ali being dead his heirs: Mst. Golap Jan and others………….....Petitioners Vs. Hurmuj Ali and others………….........Responden..

Category: Property Law | Date: | Hits: 28

Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)

.... Bangladesh is directed against the judg­ment and order dated the 28th day of August and the 15th October, 2008 passed by the High Court Division in Civil Revision No. 2489 of 2004 making the Rule absolute setting aside those dated 14.10.2003 passed by the learned Additional District Judge, 1st Cou...... one month. The preparation of paper books is dis­pensed with as prayed for. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510.......uit is liable to be dismissed. 4. Mr. Mahbubey Alam, learned Counsel, appearing for the petitioners submitted that on proper consideration of the docu­mentary and oral evidence of the parties the trial Court and the Court of Appeal below concurrently found title and posses­sion of the plaintiff...... 510...

Category: Property Law | Date: | Hits: 45

Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)

....trial court rejected their prayer on 22.4.1975. Defendant Nos.8-16 thereafter preferred Civil Revision No.680 of 1976 and the High Court Division by judgment and order dated 24.6.1986 made the rule absolute and allotted 4 annas saham to the defen­dant Nos.8-16. In the mean time, the plaintiff No.1 ...... on record 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) 499.......g F.A. Nos. 170 of 1954 and 176 of 1954 respec­tively. The then High Court of East Pakistan by judgment and order dated 6.6.1961 dismissed all the appeals and affirmed the judgment and decree of the trial court. The plaintiffs preferred Civil Appeal No.47D of 1966 and the defendants preferred Civil...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Md. Abdul Aziz J Md. Abu Zafar Shahid and others……………....Petitioners Vs. Mrs. Joinab Begum and others……..............R..

Category: Property Law | Date: | Hits: 17

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....This petition for leave to appeal is directed against the judgment and order dated 25.09.2007 passed by a Division Bench of the High Court Division in Civil Revision No.4008 of 2000 making the Rule absolute and reversing the judgment and order dated 14.11.1999 passed by the learned Subordinate Judge......judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ...... 1970 before the High Court and the same was also dismissed on 01.03.1988. Thus the said suit is barred by principles of res judicata. 5. The plaintiff-respondent filed an appli­cation before the trial Court for amend­ment of plaint for adding a new prayer for a declaration that the patta dated......Reported in: VII ADC (2010) 492. ..

Category: Procedural Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

.... 2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirmation of posses­sion upon declaration of title over 1.91 acres of land and for recovery of khas pos­session after eviction and also for perma­nent injunction restraining the defendants from entering into the schedule land and no......order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486.......ve not exam­ined the attesting witnesses of their deeds and in the absence of original deeds, they may be afforded an oppor­tunity to examine them and according­ly, the suit may be remanded to the trial Court for fresh hearing for ends of justice. Learned Advocate further submits that the defenda.........

Category: Property Law | Date: | Hits: 38

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

.... Khatian No. 1281 relating to R.S. Plot No. 13147 are correctly prepared and finally published in his name. He paid rents to the Government authority and received receipts for the same. His name is also recorded in the Municipal record. He paid holding tax. Amiruddin Ostagar owned and possessed the ......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......nauthorizedly. The plaintiff respondent, the petitioner, herein is an ejectable monthly tenant and hence the suit for permanent injunction is liable to be dismissed. 4. The suit was decreed by the trial court and on appeal the decree was reversed and the suit was dismissed and on revision, the Hi......m J Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Azim Uddin……………...........Petitioner (In both the cases) Vs. Md. Abdul Latif and others …………….......Respondents (In both the cases) Judgment February 4, 2010. ..

Category: Property Law | Date: | Hits: 24

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

....d order dated 18.05.2009 passed by the High Court Division in Civil Revision No.820 of 1997 against the judg­ment and decree dated 30.10.1996 passed by the learned Subordinate Judge, Court No. 2, Jessore in Title Appeal No.239 of 1987 reversing the judgment and decree dated 30.08.1987 passed by the......s also executed a registered kabuliyat on 02.01.1979 for the said 24 decimals of land in favour of the defendant No.1. After registration of the aforesaid kabuliyat the plaintiff has creat­ed the so-called collusive kabala dated 22.02.1979 and when the plaintiff on the basis of the said deed dated ......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.......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€..

Category: Property Law | Date: | Hits: 27

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

.... crops and in this way S.A. and R.S. record were prepared in the name of Wahab Ali; that in the said records his name entered wrongly with the names of superior Zaminders; that Wahab Ali died leaving son Siddiqur Rahman, widow Sajan Bibi and daughter Sahatan who inherited the property and subsequent......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.......t and that all the papers of the plaintiff are false and as such, the suit is liable to be dismissed. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioners sub­mitted that the trial Court on consideration of evidence on record dismissed the suit in holding that after abolitio...... 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……………..

Category: Property Law | Date: | Hits: 91

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....res i.e. 66% of the total shareholding in the Company. The Company was incorporated in the year 2000 with the objects, inter alia, of carrying on business as owner, proprietor and service provider in software develop­ment, telecommunications and all types of information communication services and a......inancial loss; that the pro forma respondent No.2 company was actually a one man show where the respondent No.1, Delwar H. Khan was the pioneer with 66% share who from the very commencement of his so-called business proceeded in an unfair manner so as to misappropriate public money and the High Cour...... Total shareholding 1,00,000 4. The face value of the shares was TK.10.00 per share. 5. Subsequently, the Company issued and allotted new shares in favour of Industrial Promotion and Development Company of Bangladesh Limited ("IPDC") and the petitioner. Thereafte......is Case is also Reported in: VII ADC (2010) 459. ..

Category: Company Law | Date: | Hits: 197

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

....ction from the Commission. The learned Senior Special Judge, Dhaka, took cognizance of the offence and sent the case to the Third Court of Special Judge, for trial. A supplementary charge sheet was also submitted on 21.05.2007 against the respondent no.1, bringing the allegation of concealment of to......s a nullity from the very beginning. This legal position ought to have considered by the learned Special Judge while disposing of the petition filed under Section 241A of the Code. 38. It may be recalled that after Proclamation of Emergency in the country on 11.01.2007, the respondent no. 1 was a...... Senior Special Judge, Dhaka, with due sanction from the Commission. The learned Senior Special Judge, Dhaka, took cognizance of the offence and sent the case to the Third Court of Special Judge, for trial. A supplementary charge sheet was also submitted on 21.05.2007 against the respondent no.1, br...... 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..

Category: Anti-Corruption Laws | Date: | Hits: 231

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

....1.10.2003. Against the said decree of the lower appellate court present respondent preferred Civil Revision No.4554 of 2003. The High Court Division passed judgment dated 23.11.2007 making the Rule absolute by setting aside the judgment of the lower appellate court which is the subject matter of the...... 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: ......orthern portion out of the said 2nd schedule as mentioned in the 3rd schedule with the allegation that the plaintiffs were disposed during the pendency of the suit. The said suit was dismissed by the trial court vide judgment and decree dated 15.07.2001. Against the said judgment and decree the peti......ed in: ..

Category: Property Law | Date: | Hits: 26

Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

....o.583(R) of 2006) Order Md. Abdul Matin, J.- This petition for leave to appeal is directed against the order dated 13.11.2007 in F.A. No.04 of 2006 (heard with Civil Rule No.583(R) of 2006) in so far as it relates to the direction to the defendant No.2 petitioner above named to restore gas co......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: ...... judgment and decree dated 04.07.2005 passed by the learned Joint District Judge, Additional Court, Narayanganj in Title Suit No.03 of 2005. Title Suit No.03 of 2005 was sent back on remand for fresh trial by giving parties opportunity to adduce further evidences, if they so desire. Respondent No.5 ......prayed for. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 82

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

....t Court of Senior Assistant Judge, Gazipur against defendants for declaration of title and recovery of khas possession in suit land. 3. In suit, on 20-09-2007 one Md. Shafiul Alam and five others sought to be impleaded as defendants under Order I Rule 10 (2) of the Code of Civil Procedure (brief......rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside. Office is directed to communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233.......3. In suit, on 20-09-2007 one Md. Shafiul Alam and five others sought to be impleaded as defendants under Order I Rule 10 (2) of the Code of Civil Procedure (briefly as the code) which was allowed by trial Court on 03-02-2008 but the order was reversed in revision by the impugned order. Hence the pe......o communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233...

Category: Property Law | Date: | Hits: 27

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

....ference No.57 of 2003 with Criminal Appeal No.1794 of 2003 and Jail Appeal No.796 of 2003, rejecting the death reference, upholding the order of conviction and commuting the sentence of death to imprisonment for life and dis­missing the Criminal Appeal No.1794 of 2003 and Jail Appeal No.796 of 2003...... 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.......his 1st wife under sections 302/201/34 of the Penal Code. The said charge was read over and explained to the accused-appellant, who pleaded not guilty to the charge and claimed to be tried. 9. The trial was held before the court of learned Additional Sessions Judge, 2nd court, Noakhali under sect....... 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..

Category: Criminal Law | Date: | Hits: 45

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

....e Station Case No. 26 dated 06.03.2007 convicting the respondent under Section 27(1) of the Anti Corruption Commission Act, 2007 and section 109 of the Penal Code sentencing him to suffer simple imprisonment for 3 (three) years and to pay a fine of Tk. 1,00,000/- (one lac) in default to suffer simpl......ivision as an Advocate, he was arrested on 22.02.2007 and therefore, he could not appear in the exam for enrolment in the High Court Division by the Bangladesh Bar Council. The present respondent was called to the Bar by the Hon'ble Society of Lincoln's Inn in the United Kingdom on 02.07.2004. The p......ation Case No. 26 dated 06.03.2007 was started against him and his father Mir Mohammad Nasiruddin. Charge sheet No. 42 dated 29.04.2007 was submitted against him and his father. The case was sent for trial and by judgment and order dated 04.07.2007 passed by Special Judge, Special Court No. 2 in Spe......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: ..

Category: Criminal Law | Date: | Hits: 51