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Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....le and ownership and validity of the deeds in question could be gone into and decided only by a civil court, the appellants out of the proÂceedings of the above Misc. Appeal Case No.13 of 1981 and also from the contents of the annexures of the above Writ Petition No.159 of 1989 for the first time c...... efflux of time on 31-12-1964 as held in 17 DLR 451, the above proceeding of Exchange Case No.35/69-70 stated on 24-7-1969 for forÂfeiting the land of the appellants for the purÂpose of granting so-called settlement is without jurisdiction. The possession of the property in question was always wit......in the above suit the defendant Nos.1(a)-1(d), the heirs of Shihamul Haque also  filed written statement making averments similar to in their written statement filed in Title suit No.16 of 1992. The trial court by judgment and decree dated 16-2-1995 dismissed both Title Suit Nos.16 and 25 of 1992. ....... ..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
..... 24-36 and 38 is by leave granted by this Court against the judgment and order dated 21st June, 2005 of a Single Bench of the High Court Division in Civil Revision No. 3001 of 2001 making the Rule absolute and reversing those dated 12th April, 2001 of the Additional District Judge, 1st Court, Jhena......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. ......enying the claim of the defendant Nos. 1-8 and 12. Their case is that they are owners of the lands in CS khatian No. 77 by way of settlement from the landÂlord and have possessed the same. 4. The trial Court on consideration of the eviÂdence on record found the plaintiffs title and possesÂsion....... Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....man Commission Ain, 2004 read with Rule 15Gha (5) of the Emergency Powers Rules, 2007. The Commission investigated into the matter and having allegedly found disproportionate to the appellant's known source of income was of the opinÂion that he had committed offence punishable under the said provis......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. ......rosecution of the appellant under the aforesaid provision on 20th April, 2008. 2. The case record was eventually sent to the Metropolitan Senior Special Judge, Dhaka for putÂting the appellant on trial where Special Case No. 10 of 2008 was registered. Learned Special Judge after taking cognizanc......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..Category: Anti-Corruption Laws | Date: | Hits: 195
State Vs. Azizul Haque, 2008, 37 CLC (AD)
.... Nos.1017, 1018, 1019, 1056 and 1162 of 2004 accepting the death reference in part and allowing the Criminal Appeal No.3304 of 2004. 2. The facts, in short, are that one Mr. Sulal Kanti Barua, son of Pulin Bihari Barua, of Village-North King Gola, P.S. Rawjan, District-Chittagong as informant......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. ......the Penal Code. He also excluded the names of 11 (Eleven) persons from the said charge sheet. 4. Thereafter, the case was transferred to the court of the learned Sessions Judge, Chittagong for trial. The learned Sessions Judge, Chittagong after hearing the parÂties, examining the said FIR, c...... 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..Category: Others | Date: | Hits: 63
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....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 of 2008....... 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. ......004 with Criminal Appeal No.2282 of 2004 with Jail Appeal No.690 of 2004 in allowing the appeal and consequently, rejecting the death reference so far it relates to the sendÂing the case back to the trial Court on remand for fresh trial from the stage of examination under section 342 of the Code of......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..Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
.... alleging, inter-alia, that accused-petiÂtioners are his cousin (Mamato Bhai). His maternal grandfather Md. Shamsuddin Talukder has multistoried building in Hatkhola and Kawnia at Barisal Town and also had Pharmaceutical Industry namely Indo Bangla Pharmaceuticals Limited at College Road. There are...... the judgment and order of the High Court Division calling for interference by this Court and accordÂingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......the Code of Criminal Procedure could have been only challenged if at all under Section 439 of the Code of Criminal Procedure and not under Section 561A of the Code of Criminal Procedure. Moreover the trial court was satisfied on the basis of materials on record about a prima facie case against the p......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 ..Category: Others | Date: | Hits: 82
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
.... at the instance of the defendants is directed against the judgment and order dated 28th October, 2008 of a Single Bench of the High Court Division in Civil Revision No.1642 of 2003 making the rule absolute. 2. Respondent Nos.1-11 instituted Title Suit No.45 of 1992 in the Court of Senior A......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......the aforesaid judgment and decree, the learned Additional District Judge, First Court, Rangpur, who heard the said appeal by judgment and order dated 28th November, 2002, reversed the findings of the trial Court and dismissed the suit. The Court of Appeal below held that the plaintiffs failed to pro......Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Md. Sona Ullah being dead his legal heirs: Md. Akbar Ali and others…………………Petitioners Vs. Most. Morium Bewa and others………â€..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
.... the land transferred. Short facts of the pre-emptors are that the case land belonged to Nabin Chandra and Mritunjoy. Mritunjoy died leaving his brother Nabin Chandra and subsequently Nabin Chandra also died leaving him behind four sons namely, Monindra Chandra, Rashik Chandra, Tejendra Lai and Fani......tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ......ted on that ground. On appeal by the pre-emptor, the Court of Appeal below by judgment and order dated 27th May, 2006 allowed the appeal and also allowed the preemption case by reversing those of the trial Court. The Court of Appeal below observed that Ext.11 proved that the preemptor was a tenant h......il) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J SK Sinha J Mohammad Mujibul Hoque ......Petitioner Vs. Shamsul Alam and others……..Respondents Judgment January 5, 2010. Lawyers Involved: ..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....191 of 2005 against the defendant No.1 and 2 for a declaration that he is the legal allottee of the Shop No. 19 of the Younusco City Center and the defendants have no right to cancel the same and for some other reliefs. The Suit was filed in the First Court of Joint District Judge, Chittagong, which......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petiÂtions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......estraining the defendant Nos.1 and 2 from allotting the suit Shop No.19 to any other person and not to deliver possession of the said suit shop to any other person except the plaintiff. 6. The trial Court on hearing the applicaÂtion issued an order asking the defendants to show cause within ......rted in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....bi alias Dukhi Baisnabi as the Shebait of the deity constructed homestead in the suit land to perform the religious rites of the Bigraha. On the death of Hari Priya Baisnabi the religious minded perÂsons requested the predecessors of the respondents Khapa Chand Bairagi to perÂform the religious ri......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. ......in AIR 1967(SC) 1044 and the decisions of this Apex Court reported in 39 DLR (AD) 42 and 51 DLR (AD) 156. 16. It appears that the High Court Division while dismissing the appeal found that the trial Court rightly held that the suit propÂerty having been vested in the Deity Sree Sree Gopal Je...... 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)
.... No.96 of 1996 in the 1st Court of Sub-Ordinate Judge, Chittagong praying for declaration that the plaintiff respondent Nos. 1-6 have acquired a title by adverse possession in the suit property and also prayed for confirmation of their possession and the respondents also prayed for other consequenti......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. ......6; the appeal against said judgment was disalÂlowed and that the S.A. No. 939 of 1967 was allowed by the Honorable High Court by Judgment dated 02.06.1983 and the suit was sent back on remand to the trial Court, which is said to be pending; that during pendency of the other class suit No.21 of 1956......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..Category: Tenancy Law | Date: | Hits: 185
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
....tion filed aforesaid writ petition praying for amongst others, the following relief (a) "That a Rule Nisi be issued upon the respondent to show cause as to why the Credit Information Bureau report in so far as it links the petitioner to the pro-forma respondent (Quasem Cotton Mills Ltd.) and its lia......as the Director of the said company and accordingly by letter dated 5th October, 2000 the petitioner tendered his resignation, pursuant to which a meeting of the Board of Directors of the company was called on 10th October, 2000 in the said meeting the resignation of the petitioner was on discusÂsi...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are disÂmissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197....... 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..Category: Business or Commercial Law | Date: | Hits: 216
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....the report submitted by the Upazilla Nirbahi Officer and others and thereafter prepared his report with a recomÂmendation for lease in favour of the petiÂtioner. The concerned Deputy Commissioner also with his report addressed to the respondent No.1 annexed all relevant documents. 9. While ......years under development scheme as per guide line. 5. The office of the respondent No.1 issued memo under the signature of the respondent No.2 on the application of the petitioner for lease and called for report from the Deputy Commissioner, Kishoregonj on the acceptÂability of the petitioner......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accordÂingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ...... ..Category: Property Law | Date: | Hits: 26
....m the Government service on 1982. Thereafter, Sona Miah tried to pay the rent from the pension allowance he received from the Government but the defendants refused to take rent.
5. The predecessor of the plaintiffs, Sona Miah, made applications dated 29, 06.1994 to the abandoned property auth......ion committed no illegality in dismissÂing the appeal.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 186.
......r 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 rightly held that the petitioners had no right or interest in the suit property and ther......
(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..
Category: Property Law | Date: | Hits: 23
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....d subsequently said suit plot of 27 deciÂmals fell in the saham of Afsin Matbar on a subsequent mutual partition and while said Afsin Matbar was thus owning and possessing he died leaving behind two sons, four daughters and one wife, who inherited the property and were possessing and enjoying in ej......ch in the instant case has been found to be absent by the Revisional Court. The decision with observations given by the High Court Division appears to be in accordance with law and no interference is called for. 5. Grounds set-forth in the leave petition appear to be of no substance in view of th......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahim J Kazi Ali Ahmed.............Petitioner Vs. Mohammad Nurunnabi and others…………..Respondent Judgment March 9, 2009. Cases Referred To- Khurshid A..Category: Property Law | Date: | Hits: 37
Md. Basarat Ali Vs. Md. Abdul Mannan and others, 2008, 37 CLC (AD)
....recorded in chak No. 33 of Thak No. 3906 of Mouza Sandishail. The said schedule land was owned by Md. Kalim and possessed by Reza Mohammad and Md. Nazeem. By amicable partition Reza Mohammad became absolute owner in possession of land of Chak No.33 and after him, his successor-in-interest i.e. the p......tly decreed the suit in favour of the plaintiffs. We find no merit in this appeal which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2010) 79, 16 MLR (AD) (2011) 442. ......endant Nos. 1-40 and the plaintiffs or their predecessor has or had no title to or possession therein and, as such, the conÂtesting defendants claimed for dismissal of the suit with costs. 6. The trial court dismissed the suit while the lower appellate court in the appeal at the instance of the ......Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Abdul Matin J Md. Basarat Ali……………………........Appellant Vs. Md. Abdul Mannan and others……........Respondents Judgment July 9, 2008. Lawyers Involved: Khondker M..Category: Property Law | Date: | Hits: 33
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
.... Judgment Md. Abdul Matin J. - This appeal is directÂed against the judgment and order dated 27.3.2002 passed by the High Court Division in Civil Revision No. 4059 of 1999 making the Rule absolute, reversing the judgment and decree dated 15.6.1999 of the learned Additional District Judge, ......owed. The judgment of the High Court Division is set aside and those of the appellate court are restored without any order as to cost. Ed. This Case is also Reported in: VI ADC (2010) 72. ......in presentee of the property and to confer it upon the donee. No such evidence was adduced moreover the document in quesÂtion is a registered one and even the certified copy was not filed before the trial court. The High Court Division confused heba-bil-ewaz with heba and wrongly held that in order...... Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Shamsun Nahar .....................................Appellant Vs. Khairunnessa Sadiq and others...............Respondents Judgment May 6, 2009. Lawyers Involved: ..Category: Property Law | Date: | Hits: 33
Anti-Corruption CommisÂsion Vs. Sigma Huda and another, 2008, 37 CLC (AD)
.... the present respondent No.1 was put on trial before the Special Judge No.2, Dhaka who found the respondent guilty under sections 161/109 of the Penal Code and senÂtenced her to suffer simple imprisonment for 3(three) years by the judgment and order dated 26-8-2007. 3. On 22-3-2007 the De......m of Taka 2,40,00,000 (taka two crore and forty lac) amounting Taka 1 crore and another cash cheque amounting Taka 40,00,000 (Taka forty lac only) was deposited in the account of a weekly publication called "the Khoborer Ontoraley" owned by the respondent No.1 on 17th February 2004 and 23rd April 20......8 passed by the High Court Division in Criminal Appeal No. 4813 of 2007 granting ad-interim bail to the respondent No. 1. 2. The facts, in short, are that the present respondent No.1 was put on trial before the Special Judge No.2, Dhaka who found the respondent guilty under sections 161/109 of...... Karim J Md. Tafazzul Islam J Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption CommisÂsion ..................Petitioner Vs. Sigma Huda and another........................Respondents Judgment June 19, 2008. The Criminal L..Category: Anti-Corruption Laws | Date: | Hits: 143
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
....nt Mohammad Fazlul Karim J. - The appeal by leave is directed against the judgment and order dated 23-11-2000 passed by the High Court Division in Writ Petition No. 4786 of 1999 making the Rule absolute. 2. The facts involved in the case, in short, are that the respondent No.1 as petitioner u......73 an appeal lies to the Chancellor against any order passed by the SyndiÂcate on the recommendation of the Tribunal but not against any order passed by the Syndicate on the recommendation of the so-called enquiry committee and, as such, the ground taken by the appellants with regard to the non-exh...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......II ADC (2011) 288, 16 MLR (AD) (2011) 129...Category: Employment/Service Law | Date: | Hits: 68
....d of by this common judgment.
2. These two appeals are directed against the judgment and order dated 18.02.2008 passed by the High Court Division in Writ Petition No.6219 of 2007 making the Rule absolute with direction.
3. The writ-petitioner invoked writ jurisdiction under Article 102(2)(b)(i......free constitution are subverted."
47. Karl Lowenstein in his book "Political Power and The Governmental Process" while dealing with the doctrine and its meaning observed as under:-
"What the so-called "separation of powers" actually amounts to is nothing more and nothing less than the realizat......trument in line with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal............Appe..
Category: Constitutional Law | Date: | Hits: 207
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