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Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....respondent No. 2 in Writ Petition No. 1163 of 1998, is from the judgment and order dated 27.8.98 passed by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) ...... been alleged that the said members of Parliament being the members of BNP and knowing full well that their own political party BNP is not a partner/supporter of the Hon’ble Prime Minister's so-called "consensus Government" have taken oath as Deputy Minister/State Minister of the Government ......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. ...... 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..Category: Constitutional Law | Date: | Hits: 138
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
....sed respondents from the charge levelled against them. 3. The prosecution case, in short, are that there had been a continuous enmity between the informant party and the F.I.R named accused persons including the convict appellant number 1 over the landed property since long; that on 28.10.2......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......y land and the convict-appellant-respondent No.1-Akter Hossain @ Khokan is a crippled man and he fell down before the alleged occurrence and also was under treatment in the hospital. 5. At the trial prosecution examined 20 witnesses whereas the defense examined 12 witnesses. 6. Mr. Naz......uhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J The State............Petitioner (In all the petitions) Vs. Akter Hossain @ Khokan and another……..Respondents (In Criminal Petition No. 262 of 2009) Yusuf Howlader @ Mizanu..Category: Others | Date: | Hits: 66
Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)
....learned Additional Sessions Judge, Nobabgonj convicting the appellant No.1 under Sections 302/34/114 of the Penal Code and convicting the appellants and sentencing all of them to suffer rigorous imprisonment for life and to pay a fine of Tk. 5,000/- in default to suffer rigorous imprisonment for 3 m......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. ......he Penal Code. 4. The case record was sent to the court of the learned Sessions Judge, Nobabganj who transferred it to the court of the learned Additional Sessions Judge, Nobabgonj for holding trial. 5. The trial Court framed charges against the accused persons under Sections 147/148/1......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.) ..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
.... Case No.23 of 2001 arising out of Nikli Police Station Case No. 07 dated 20.05.1998 convicting the respondents under Sections 302/34 of the Penal Code sentencing each of them to suffer rigorous imprisonment for life with fine and also convicting 3(three) convict-respondents under Section 324 of the......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. ......t against the accused persons under Sections 147/148/447/4487 323/379/380/114/302 of the Penal Code. 4. Thereafter the case was sent to the Court of learned Sessions Judge, Kishoregonj for trial which was registered as Sessions Case No.23 of 2001 and the learned Sessions Judge transferred......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:..Category: Criminal Law | Date: | Hits: 294
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....e No.77(9)07 dated 27.09.2007 convicting the respondent No.1 under Sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 read with section 109 of the Penal Code to suffer rigorous imprisonment for 13 years and to pay a fine of Tk.10,00,000/- (Taka ten lacs) and in default to suffer ri......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. ......ts in the Wealth Statement and got those assets by illegal means, The ACC case was transferred to the Special Judge Court No.9, Dhaka as Special Case No. 10 of 2008. 9. After completion of the trial on 14.05.2008 the Special Judge Court No.9, Dhaka convicted the respondent in the Special Case...... 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..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....005. That property worth of Tk. 1,19,83,453/- is disproportionate to the latest income tax return filed by the respondent and his wife who have been acquired through unlawful means and beyond known source of income. During the enquiry it was found that the respondent has been possessing property o......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. ......t and transferred the case for disposal by the Court of Metropolitan Senior Special Judge, Dhaka ultimately, the said case was transferred to the Court of Special Judge, Court No.3, Dhaka for holding trial. 9. During the course of trial, the Court of Special Judge, Court No. 3 Dhaka examine......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..Category: Others | Date: | Hits: 98
Md. Shamser Ali another Vs. Md. Shahajahan Ali and others, 2009, 38 CLC (AD)
.... rejected by the trial court on 3rd October, 2002 which was affirmed by the High Court Division. Again a similar prayer was repeated and has been rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. Thi......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. ......f the High Court Division and other papers on record. 5. It appears that in a suit instituted in 1996 a similar prayer for substitution of the written statement was filed and rejected by the trial court on 3rd October, 2002 which was affirmed by the High Court Division. Again a similar pray...... 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..Category: Procedural Law | Date: | Hits: 92
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....r leave to appeal has been filed. 5. It appears that admittedly Samiruddin was owner of 14.22 acres of the suit-land in C.S. Khatian No.22 which was recorded in his name. He died leaving two sons, namely, the plaintiff and Sheik Felo and two daughters. The Trial Court as well as the High Co......ce of the concerned Sub-Registrar. As such, the certified copy of the Heba-bil-ewaz was not proved. However, in the High Court Division, on the prayer of the defendant-petitioner the volume was called for but the same did not tally with the certified copy of the Heab-bil-ewaz. As such, the pet......on claiming a saham for 4.03 acres out of the suit-land. The suit was contested by the defendant Nos.1, 4, 5 and 2, 10 to 13 by filing separate set of written statements. 3. After hearing, the trial Court decreed the suit in part, allowing a saham of 3.38 acres in favour of the plaintiff. ......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdur Razzak and others….............Petitioners Vs. Md. Habejuddin and others….........Respond..Category: Property Law | Date: | Hits: 19
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....hey gave pattan of the said property to Sakhawat Ali and Babor Ali, who cultivated the same. The S.A. record has been prepared in the names of Sakhawat and Babor Ali. On 18th March, 1963 Shakawat Ali sold 50 decimals of land to the plaintiffs father Obaidul by a registered deed and delivered him p......-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ......ended that the learned Judge of the High Court Division had committed error of law in awarding cost of Tk. 20,000/- which is harsh and excessive and the same is liable to be exonerated. 6. The trial court while passing decree made the following order: “সুত্রে এবং ...... ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Asheque Ali…………………………………… Petitioner Vs. Md. Shamsul Hoque Sarder and others .......The Respondents Judgment February 15, 2010. Lawyers Involved:..Category: Property Law | Date: | Hits: 18
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
....he Senior Assistant Judge, Karimganj, District Kishoreganj for declaration of title and recovery of khas possession of 0.04 acres of viti land with a tin shed alleging, inter alia, that the defendant sold 0.04 acres of viti land along with a tin shed thereon at a consideration of Tk.99,000/- to the ......spondents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......rtgage and as such the suit in its present form is not maintainable and the plaintiff is not entitled to get any declaration of title and recovery of khas possession of the suit land. 4. The trial court upon taking evidence and on hearing both the parties decreed the suit. Being aggrieved......ecord-For the Petitioner. Shamsuddin Bulbul, Advocate, Ibrahim Khalil, Advocate-on- Record-For Respondent. Civil Petition for Leave to Appeal No. 1797 of 2009. (From the judgment and order dated 18.3.2009 passed by the High Court Division in Civil Revision No. 1786 of 1999.) ..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
....learned Joint District Judge, 1st Court, Faridpur for a decree of partition in respect of .07 ½ acres of land with a tin shed house and 1/11 share of tin shed house, 29 Bandh and 35 Bandh each and also in respect of 4(four) annas share of a 1200 square feet building pressing into service basic cont......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. ......e examined in proof of the case set forth by plaintiff and two (2) witnesses stood on witness box to lend assurance to the case tabled by defendant No.7. 5. Learned Joint District Judge as trial Judge took up issue Nos.1 and 3 together and decided those issues in favour of plaintiff. Lear......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: ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....at the instance of the petitioner is directed against the judgment and order dated 12.08.2009 passed by a Division Bench of the High Court Division in Writ Petition No. 5127 of 2009 making the Rule absolute, which was filed challenging the action of the respondents of the writ petition on 24.07.2009......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. ......p; learned Attorney General in his long submissions has not been able to cite a single law on the basis of which the respondent No.1 is being restricted from leaving the country and the fact that the trial of war criminals is about to start and that the respondent No.1 is likely to be put on trial f......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..Category: Others | Date: | Hits: 115
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....f stated, inter alia, that .21 acres of land of plot No.243 belong to Nayeb Ali and others and they transferred the same to Abdur Rahim Sheikh by a deed of Sale dated 08.02.39 and after his death his son Mahatab Sheikh got the same and he settled the same in favour of Hemat Ali, thereafter the plain......he concurrent finding of facts should not be disturbed unless it is manifestly perverse and some are of the view that there being no illegality or infirmity in the above decision no interference is called for." 9. Having considered all the aspect of the matter we are of the view that this D......terials available on record. It appears that in the Civil Petition for Leave to Appeal this Division considered the submissions of the learned Advocate for the petitioner to the effect that the trial court decreed the suit holding that the plaintiff claimed his title on the basis of deed o...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Elahi Mondal……………….......Petitioner Vs. Juran Mondal and others…………....Respondents Judgment August 23, 2009. Lawyers Involve..Category: Property Law | Date: | Hits: 20
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....ree dated 31.5.1994 passed in Other Suit No.5 of 1988 is illegal, collusive, fraudulent not binding upon the plaintiffs. 3. The plaintiff’s case, in short, is that one Ayenuddin, the predecessor-in-interest of the plaintiffs was impleaded as defendant No.18 in Other Suit No.5 of 1988 though......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. ......f the High Court Division in Civil Revision No.458 of 2005 discharging the rule with cost upon affirming the judgment and decree of the lower appellate Court who upheld the judgment and decree of the trial court. 2. The petitioners as plaintiffs instituted Other Suit No.25 of 1997 impleading the opp......010) 295. ..Category: Property Law | Date: | Hits: 35
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....t BK Das J.- This Petition for leave to appeal has arisen against an order dated 5.8.2009 of a learned Single Judge of the High Court Division in Civil Revision No. 1776 of 2000 making the Rule absolute setting aside the judgment and decree of the appellate court in Title Appeal No. 188 of 1998 ......ance in any of the submissions of the learned Advocate for the petitioners. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......setting aside the judgment and decree of the appellate court in Title Appeal No. 188 of 1998 of the 1st Court of the Subordinate Judge (now Joint District Judge) Nawabganj upon restoring those of the trial court in other class Suit No.38 of 1987. 2. The respondents as plaintiffs instituted other ......ent here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Sher Mohammad being dead his heir Most Tara Bibi and others..........Petitioners Vs. Md. Munsur Ali and others ........................Responde..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....owing the appeal. 2. The aforesaid Civil Appeal by leave arose from the judgment and order dated 24.6.1999 passed by the High Court Division in Civil Revision No.1482 of 1996 making the rule absolute. The said Civil Revision arose out of the judgment and decree dated 29.07.1987 passed by the ......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......ifferent persons including the defendants, who also purchased from heirs of Karam Ali Sheikh after his death and got possession of the land in suit and prayed for dismissal of the suit. 5. The trial Court framed necessary issues and on considering the evidence on record, by judgment and decre......n (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Hamid Matubbar and others....................Petitioners Vs. Majibar Matubbar and others.........Resp..Category: Property Law | Date: | Hits: 26
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....n 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) Md. Nuru Miah and predecessor of respondent No. 2(a) Bazlu Miah a......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. ......oth the Miscellaneous Appeals and dismissed cross appeals of the pre-emptee-petitioner setting aside the judgment and order passed by the learned Senior Assistant Judge and sent both the cases to the trial court on remand. 7. The learned Assistant Judge, Shahrasti, Chandpur by the judgment and or......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..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....nha J.- This appeal by leave granted by this Court from the judgment and order dated 31st May, 2001 and 3rd June 2001 of the High Court Division in Civil Revision No. 2516 of 1996 making the rule absolute by reversing those dated 27th May, 1996 of the learned Additional District Judge, 1st Court, ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......The defendant denied the plaintiffs title and claimed that the plaintiff did not acquire any title on the basis of certificate sale and he was not given possession of the suit property. 5. The trial Court on consideration of the evidence on record held that the sale was a nullity; the plainti......ted in: VII ADC (2010) 271. ..Category: Property Law | Date: | Hits: 20
....Special Powers Act, 1974 (XIV of 1974); Section 3
The word ‘concerned’ used in the section is a vague word
By using the word ‘concerned’, a police gets unhindered power to arrest any person stating that the person arrested by him is ‘concerned’ in a cognizable offence.
......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.
......ime authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days on the whole. If he has not jurisdiction to try the case or send it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Ma......3.
..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....e Penal Code and sentencing respectively the respondents both in Criminal Petition Nos. 73 and 74 of 2009 to death and sentencing the respondent No.1 in Criminal petition No.75 of 2009 to suffer imprisonment for life and to pay a fine of Taka 50,000 (taka fifty thousand) only, in default to suffer r......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. ......ramed charge against the, respondents and others under section 302/34 of the Penal Code to which they pleaded not guilty. Then the above case, being sent to the Druto Bichar Tribunal No. 4. Dhaka for trial, was renumbered as Druto Bichar Tribunal Case No. 35 of 2003. At the trial the prosecution exa......(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..Category: Others | Date: | Hits: 93
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