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Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)

....t Surendra Kumar Sinha J.- This petition is directed against the judgment and order dated 1st June, 2008 of a Division Bench of the High Court Division in Writ Petition No.406 of 2004. 2. Short facts relevant for the disposal of this petition are that the petitioner institut­ed the above writ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.....................Petitioner Vs. The Government of the Bangladesh, represented by the Secretary, Ministry of Communication, Secretariat Building, Ramna, Dhaka and others .......Respondents Judgment October 3, 2010. Lawyers Involved: Md. Awlad Ali,......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..

Category: Property Law | Date: | Hits: 58

Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)

....ed in 39 DLR 290. Section 101 of the Evidence Act provides that: “Burden of proof.- Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove th......o Reported in: 52 DLR (2000) 589.......uses to his daughter - the plaintiff on her assurance that she would not claim any further share from the remaining properties of Abdur Rahman. 4. The learned Subordinate Judge on consideration of evidence and other materials on record decreed the suit. 5. Being aggrieved by and dissatisfied w..

Category: Property Law | Date: | Hits: 89

Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)

....de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......t is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......terest of the defendants was the owner in possession of the suit. And which is situated within the homestead of the defendant petitioners as well as the plaintiffs-opposite parties. It is also in the evidence that there was some dwelling huts of the defendants on the suit property comprising an area..

Category: Property Law | Date: | Hits: 108

Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)

....nd of the consideration money. An enquiry was held by Thana Revenue Officer, in view of the order passed under section 202 of the Criminal Procedure Code. The Enquiry Officer in his report stated the facts in detail and also clearly stated that the complainant on the basis of his purchase already go......lso Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..

Category: Criminal Law | Date: | Hits: 67

Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)

....e to appeal is in respect of the judgment and order dated 04.02.2009, declaring the order of suspension and the departmental proceeding as illegal, passed in Writ Petition No. 2438 of 2004. 2. The facts leading to the filing of the writ petition are that while the writ-petitioner was serving as t......eme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Government of Bangladesh and others.......................Petitioners Vs. Sontosh Kumar Shaha and others .................... Rules,1985, were instituted against him on the allegations of corrup­tion and that he was also placed under sus­pension. In course of the departmental proceedings, an enquiry was held but found no evidence in respect of the allega­tions as raised against the writ-petitioner. As such, the concern..

Category: Employment/Service Law | Date: | Hits: 73

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

....fect and why respondent Nos. 1 and 2 shall not be directed to cancel and/or rescind the said letter of no objection to reschedulement of loan of respondent No.4 made by the respondent No.3. 2. The facts as stated in the petition, in short, are that the respondent No.4, Islam Brothers Properties L......upreme Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Khademul Islam Chowdhury J KM Zakir Hossain…………….Petitioner Vs. Bangladesh Bank and others……………….Respondents Judgment May 9, 2000. Case Referred To- 27 DLR ......e respondent No.4. In view of the above, the Rule is discharged without any order as to costs. Stay order granted earlier is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 577. ..

Category: Business or Commercial Law | Date: | Hits: 208

Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....gainst the judgment and order dated the 19th day of August, 2009 passed by the High Court Division in Writ Petition No. 3354 of 2008 discharging the Rule vacating the interim order of stay. 2. The facts involved in the case, in short, are that in response to a Government Tender, PCCL-BBC-JV submi...... Md. Mobarak Hossain………………..........Petitioner Vs. Government of the People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives and others. ........Respondents Judgment February 4, 2010. Lawyers Involv......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) 835. ..

Category: Others | Date: | Hits: 118

MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)

....eave to appeal are in respect of the judgment and order dated 08.04.2009, passed by the High Court Division in dis­charging the Rules in the Writ Petition Nos. 7046, 7047 and 7048 of 2008. 2. The facts in brief in Writ Petition No.7046 of 2008 are that the writ-petition­er No.4 is the proprieto......rted in: VII ADC (2010) 595. ......of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ..

Category: Property Law | Date: | Hits: 54

Anti-Corruption Commi­ssion Vs. Shamima Begum & others, 2009, 38CLC (AD)

....dgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition No. 8 of 2008 with WP No. 1777 of 2008 and WP No. 1778 of 2008 making the Rule absolute. 2. The facts involved in the case, in short, are that the writ-petitioner is stated to be the wife of the p......—For the Petitioner (In all cases). Mvi Md. Wahidullah, Advocate-on-Record—For the Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1658-59 of 2008. (From the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition Nos. 1......lation of any mandatory procedural provision the High Court Division stayed of proceedings allowing the offenders to escape criminal justice inasmuch as the notice in this case is the tool to­gether evidence on assets and it is in no way con­cerned with natural justice which shall be available to ..

Category: Fiscal/Taxation Law | Date: | Hits: 86

Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)

....512, 1960, 1845, 1598, 1964, 1836, 1743, 1265 and 1249 of 1993 and 229, 1613, 1614, 1900, 1997, 2310, and 2610 of 1994 heard analogously and discharging the Rules by two separate judgments. 2. The facts, in short, are that in all those writ petitions two S.R.Os. of Customs dated 02.02.1993 and 28...... of 2000). M/S. M. Jessee Trading...... Appellant (In Civil Appeal No.120 of 2000). Suda Kar Chakma............Appellant (In Civil Appeal Nos.121-122 of 2000) Vs. The Collector of Customs and others.........Respondents (In all the appeals). Judgment March 10, 2010. Lawyers Invol......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ..

Category: Fiscal/Taxation Law | Date: | Hits: 75

Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)

....- is to be deposit­ed within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......der is also Reported in: VIII ADC (2011)124. ......e an amicable partition of the suit lands which they refused. 3. Defendant Nos. 1,2,3,11,16 and 17 filed written statements but ultimately the defendant Nos.1 and 12 contested the suit by adducing evidence. They admitted that original recorded owner of the suit land was Herajtullah Sheikh, Binod ..

Category: Property Law | Date: | Hits: 104

Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)

....ing of the matter, we regret, we find no merit in the review peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......R (AD)(2010) 465. ......hich could not be placed before this court at the time of hearing of the leave petition. He further submits that the trial Court and the lower appellate Court on consideration of oral and documentary evidence having found that the plaintiffs have been able to prove their claim of taking settlement o..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)

.... 2008 and Leave Petition No.847 of 2010 is directed against the judgment and order dated 18.03.2010 passed in Writ Petition No.8599 of 2009 making the Rule absolute in both the peti­tions. The short facts are as under:- 3. The respondent No.3 who is the execu­tive Arbouric Culturist, Roads and ...... Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Government of Bangladesh and others …......Petitioners (In both the cases) Vs. Md. Enamul Kabir and another………â......d there­fore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ..

Category: Others | Date: | Hits: 165

Advocate Alauddin Khan and others Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....l Haque J. - This review petition for leave to appeal is in respect of the order dated 14.07.2008 dismissing the Civil Petition for Leave to Appeal No.1768 of 2007, as barred by limitation. 2. The facts leading to the filing of this petition, in brief, are that one Md. Moslemuddin instituted a su...... (Civil) Present: MM Ruhul Amin J Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Advocate Alauddin Khan and others…………..............Petitioners Vs. Government of the People's Republic of Ban......rned Subordinate Judge, by his judgment and decree dated 26.11.1981, decreed the suit. 3. On appeal being the First Appeal No.67 of 1982, the High Court Division, by an elaborate discussion of the evidence on record, by its judgment and order dated 11.07.1991, allowed the appeal and set-aside the..

Category: Limitation Law | Date: | Hits: 165

Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)

.... 5. Are the plaintiffs entitled to get possession in respect of kha scheduled land? 6. To what relief, if any, are the plaintiffs entitled to? 12. The learned Subordinate Judge considering the facts and circumstances of the case and evidence on record by his judgment dated 31-5-1999 decreed t......on (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J SM Ziaul Karim J Ayesha Khatun & others……………………………………Petitioners Vs. Rabindra Chandra Saha and others ………………….Opposite Parties. Judgment May 18, 2006. Cases ......possession in respect of kha scheduled land? 6. To what relief, if any, are the plaintiffs entitled to? 12. The learned Subordinate Judge considering the facts and circumstances of the case and evidence on record by his judgment dated 31-5-1999 decreed the suit deciding all the issues in favou..

Category: Property Law | Date: | Hits: 126

State Vs. Md. Kaloo, 2003, 32 CLC (HCD)

....ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......nce No. 15 of 2002. Judgment AK Badrul Huq J. - This criminal proceeding by way of Death Reference is an epitome of dowry death where wife Kohinur Khatoon became victim of dowry lust of her husband Md. Kaloo and Kohinur was tortured to death by him. 2. Diabolical and revolting crime had bee......case there is no eye-witness of the murder of victim of crime. Having regard to the manner, place and time of occurrence it was difficult on the part of prosecution to place on witness box any ocular evidence for the commission of murder of victim of crime. It is posited here that for a crime to be ..

Category: Criminal Law | Date: | Hits: 45

State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)

....erial Exhibit 1 series) were recovered from Mamun. 80. The testimony of those witnesses is reinforced by the confessional statement of Mamun (Exhibit 14) which, in fact, speaks of a lot of related facts prior to the bomb blast. This document (Exhibit 14) is the certified copy of the statement mad......sion (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Emdadul Huq J State…………………………………………….Appellant Vs. Shaiokh Abdur Rahman and others……..Respondents. Judgment August 31, 2006. Lawyers Involved: Abdur Razaque......awyer. The trial Court however, appointed a State defence lawyer to defend all the 7 condemned convicts and co-accused Sultan. 8. To prove the charges, the prosecution adduced oral and documentary evidence by producing 44 witnesses and examined 35 of them. Nine of the prosecution witnesses (PWs 1..

Category: Criminal Law | Date: | Hits: 224

Hiru Mia Vs. State, 2005, 34 CLC (HCD)

....l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......stant Attorney-General—For the Respondent. Jail Appeal No. 245 of 2004 with Suo-Moto Rule No. 57(R) 2005. Judgment Sheikh Rezowan Ali J. - This jail appeal is directed against the judgment and order dated 8-1-2004 passed by the learned Additional Sessions Judge and Anti-Smuggling Tribunal......hich he pleaded not guilty and claimed to be tried in accordance with law. 5. In order to substantiate the charge, prosecution produced 5 witnesses before the Tribunal below, On the closure of the evidence of the prosecution witnesses the jail appellant was examined under section 342 of the Cr.P...

Category: Criminal Law | Date: | Hits: 63

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

....ers made in the Committal Court and ask whether the statement is correct. A question of that kind is misleading. In the next place, it is not sufficient compliance to string together a long series of facts and ask the accused what he has to say about them. He must be questioned separately about each......……… Condemned-Prisoners Vs. State …………………………………………………………….Respondent. Judgment November 8, 2004. Cases Referred to- Shahidullah and another Vs. State, 1987 BLD (AD) 27; PLD 1960 (Dhaka) 697; Tafazzal Haque and another Vs. State,......the doctor declared him dead. In cross-examination PW 2 further states that the victim was unable to speak so they could not make any queries to him about the incident. 7. PW 3 Jharna Begum in her evidence stated that on 16-12-98 at about 3-00 AM some people knocked at the western door of the nor..

Category: Criminal Law | Date: | Hits: 91

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....scharged with cost. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 593.......his Case is also Reported in: 58 DLR (2006) 593....... three witnesses including appellant No. 1, Copy of impugned sale deed dated 2-6-97 was marked as Exhibit-1 while the documents of the appellants were marked as Exhibit 'Ka' to 'Cha'. 13. Upon the evidence oral and documentary on record learned Subordinate Judge found that the pre-emptor was a co..

Category: Property Law | Date: | Hits: 69