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Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)
.... Moniruzzaman, Assistant Attorney General instructed by Zahirul Islam, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1425 of 2009. (From the judgment and order dated 13.07.2009 passed by the High Court Division in Writ Petition No.2375 of 2001.) Order ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......ructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. A. S. Moniruzzaman, Assistant Attorney General instructed by Zahirul Islam, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1425 of 2009. (From the judgment and order dated 13.07.2009 passed by th..Category: Election Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Nargis Begum & others, 2009, 38 CLC (AD)
....r the Petitioners. (In both the cases) None Represented—For the respondents. (In both the cases) Civil Petition for Leave to Appeal No. 1655 with 1657 of 2008. (From the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition No. 10744 of 200...... income tax on the basis of separate files, namely TIN: 417-105-3949/C-II/Jessore: TIN: 424-106-5073/C-1/Jessore; TIN: 424-1014251/C-II/Jessore and TIN: 424-112-8679/C-1/Jessore respectively. 3. A notice dated 18-2-2007 under the signature of a Secretary of the Anti-Corruption Commission, was s......Khurshid Alam Khan, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. (In both the cases) None Represented—For the respondents. (In both the cases) Civil Petition for Leave to Appeal No. 1655 with 1657 of 2008. (From the judgment and order dated the 28th day o..Category: Anti-Corruption Laws | Date: | Hits: 168
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....nstructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. No.1. Not represented-Respondent No.2. Criminal Petition For Leave To Appeal No. 398 of 2009. (From the Judgment and order dated 13.07.2009 passed by the High Court Division in Criminal Appeal No. 4393 of 2007) Judgemen...... respondent no. 1, Dr. Mohiuddin Khan Alamgir. 2. The facts leading to the filing of this petition are that the Secretary of the Anti-corruption Commission (in short the ‘Commission’) issued a notice on 18.02.2007 under section 26(1) of দুর্নীতি দমন কমিশন আ......eal No. 398 of 2009. (From the Judgment and order dated 13.07.2009 passed by the High Court Division in Criminal Appeal No. 4393 of 2007) Judgement ABM Khairul Haque J.- This is a petition for leave to appeal, filed on behalf of the Anti-corruption Commission, against the Judgment and Ord..Category: Anti-Corruption Laws | Date: | Hits: 231
Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)
.... Petitioners. Tubarak Hossain, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 3 of 2008 (From the judgment and order dated 19.11.2007 passed by the High Court Division in Civil Revision No.4554 of 2003.) Judgmen...... 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: ......cate instructed by Mr. Md. Nawab Ali, Advocate-on-Record- For the Petitioners. Tubarak Hossain, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 3 of 2008 (From the judgment and order dated 19.11.2007 passed by the High..Category: Property Law | Date: | Hits: 26
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
....titioner. Musfiqur Rahman Khan, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 2 of 2008 (From the judgment and order dated 11.11.2007 passed by the High Court Division in Writ Petition No.9613 of 2007). Order Md......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......m) instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Musfiqur Rahman Khan, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 2 of 2008 (From the judgment and order dated 11.11.2007 passed by the Hig..Category: Anti-Corruption Laws | Date: | Hits: 159
....ocate instructed by Mr. Syed Mahbubar Rahman, Advocate-on-Record- For Respondent No.1.
Not represented- Respondent Nos. 2-5.
Civil Petition for Leave to Appeal No. 20 of 2008
(From the order dated 13.11.2007 passed by the High Court Division in F.A. No.04 of 2006 heard with Civil Rule No.58......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:
......-Record-For the Petitioner.
Abdus Salam, Senior Advocate instructed by Mr. Syed Mahbubar Rahman, Advocate-on-Record- For Respondent No.1.
Not represented- Respondent Nos. 2-5.
Civil Petition for Leave to Appeal No. 20 of 2008
(From the order dated 13.11.2007 passed by the High Court Divi..
Category: Civil Law | Date: | Hits: 82
Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)
....er on the application of Bangladesh Environmental Lawyers Association (BELA), a Rule was issued on 6.6.1994 in respect of pollution in Bangladesh. The Rule was made absolute by the judgment and order dated 15.5.2001. 2. Although it was directed in the above quoted judgment that the Director Gene......ication of Article 32 becomes inevitable because not only a right to life but a meaningful life is an inalienable fundamental right of citizens of his country.” 17. In the said case, it has been noticed that by a Gazette Notification published in 1986, 903 industries and factories were identifi......so the petitioner to furnish reports in respect of the steps taken to implement the directions made in the judgment dated 15.7.2001, within a period of one month from the said date and fixed 1.6.2009 for further orders. Accordingly, reports are filed on behalf of the respondent no. 1 and the petitio..Category: Environmental Law | Date: | Hits: 279
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
.... then Secretary General of Bangladesh Environmental Lawyers Association (‘BELA’ for short), an association registered under the Societies Registration Act, 1860, bearing registration No. 1457(17) dated 18.2.1992. Dr. Farooque, by a resolution of the executive committee of BELA dated 30.5.1994, w......ublic interest which demands that violations of constitutional or legal rights of large number of people who are poor, ignorant or in a socially or economically disadvantaged position should not go unnoticed and unredrssed. That would be destructive of the Rule of Law which forms one of the essentia......nting Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples Union for Democratic Rights Vs. Union of India, 1982 SC 1473; Rural Litigation and Entitlement Kendra V. S..Category: Environmental Law | Date: | Hits: 345
Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)
.... MA Jalil, Advocate — For the Respondents. First Miscellaneous Appeal No. 158 of 1995. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 25-4-1995 passed by the 2nd Court of Subordinate Judge, Chittagong disallowing pre-emption und......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......ughter Arora Khatun and wife Nasua Khatun to succeed him. Subsequently, Nasua Khatun died leaving opposite parties Abu Taher Abdus Samad, Arora Khatun and Sufia Khatun as her heir and heiresses. The aforesaid owners being in rightful possession of the Case Land sold 22 decimals of land to pre-emptee..Category: Property Law | Date: | Hits: 22
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....arty. Civil Revision No.1579 of 1999. Judgment AK Badrul Huq J.- The subject matter of challenge in this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated 24-3-1999 recorded by Second Court of Assistant Judge, Dhaka in Title Suit No. 226 of 1985 all......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......emand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaration of title and recovery of Khas possession with respect to property described in sched..Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....r applications, the defendant opposite party Nos.3-5 of four Civil Revision Cases arising out of four Civil Revision Petitions under section 115 of the Code of Civil Procedure seek vacating the order dated 2-11-1999 recorded by a learned Single Judge disposing of Civil Revision cases in terms of con......h misrepresentation and fraud upon the Court, in the exercise of its inherent power under section 151 of the Code of Civil Procedure this court can set things right, even suo motu, if it comes to the notice of the Court. Section 151 of the Code of Civil Procedure does not formulate any new doctrine ......ve Engineer & others……………Opposite Parties Judgment January 26, 2000. Lawyers Involved: Syed Ziaul Karim, with Md Salauddin Talukder and Syeda Maimuna Begum, Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for the Opposite Parties. Civil Revisi..Category: Property Law | Date: | Hits: 21
....ioners.
Civil Revision No. 3633 of 1999.
Judgment
AK Badrul Huq J.- The subject-matter challenge in this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated July 18, 1999 recorded by learned District Judge, Moulvibazar in Title Appeal No. 5 of 1999 re......the Limitation Act had been presented for condonation of the said delay.
6. Learned District Judge by his order No.2 dated 1-2-1999 admitted the appeal provisionally, called for the record, issued notice upon respondents and stayed operation of the judgment and decree of trial Judge. Learned Dist......r section 115 of the Code of Civil Procedure is an order dated July 18, 1999 recorded by learned District Judge, Moulvibazar in Title Appeal No. 5 of 1999 rejecting a petition presented by petitioner for condonation of delay of 1038 days and thus, dismissing the appeal.
2. The decision proposed t..
Category: Limitation Law | Date: | Hits: 152
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....he plaintiff of Title Suit No. 16 of 1985 is collusive, ineffective and void and not binding upon the plaintiff of the suit and also for partition. The suit was dismissed by the judgment and decree dated 14.09.2000 against which Title Appeal No.121 of 2000 was preferred in the Court of District ......ffs purchased land from the rightful owners, which have been detailed in schedule 'Kha' in the plaint. The plaintiff of Title Suit No.16 of 1985 obtained a decree dated 29.04.1987 without serving any notice upon the plaintiff Nos.1-3 and without impleading plaintiff No.4. The plaintiffs are in posse......e Petitioners (In both cases). Mahmud Islam, Senior Advocate, J.N. Deb, Advocate with him instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents (In both cases). Civil Petition for Leave to Appeal Nos.1265-66 of 2009. Judgment Shah Abu Nayeem Mominur Rahman J. - These ..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 8-11. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 2045 of 2009. (From the judgment and order dated 12-8-2006 passed by the High Court Division in First Miscellaneous Appeal No. 401 of 2008 with......rging the Rule. 2. The facts, in short, are that the petitioner as plaintiff instituted Title Suit No.1605 of 2008 in the Court of the learned District Judge, Dhaka for declaration of the impugned notices (of eviction served by the Government) to be null and void and for rectification of the con......im) instructed by MG Bhuiyan, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 8-11. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 2045 of 2009. (From the judgment and order dated 12-8-2006 passed by the ..Category: Property Law | Date: | Hits: 44
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....rd- For the Petitioners. (Appeared with the leave of the Court) Not represented- the Respondents. Civil Petition for Leave to Appeal No.28 of 2009. (From the Judgment and order dated the 29th day of July, 2008 passed by the High Court Division in Civil Revision No.2447 of 2000......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......ammel Haque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. (Appeared with the leave of the Court) Not represented- the Respondents. Civil Petition for Leave to Appeal No.28 of 2009. (From the Judgment and order dated the 29th day of July, 2..Category: Property Law | Date: | Hits: 28
Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)
....y Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 2207 of 2009. (From the judgment and order dated the 19th day of July, 2009 passed by the High Court Division in Civil Revision No. 733 of 2006...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ...... Lawyers Involved: Md. Khurshid Alam Khan, Advocate instructed by Md. Zahirul Islam, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 2207 of 2009. (From the judgment and order dated the 19th day of July..Category: Family Law | Date: | Hits: 182
Md. Azizur Rahman Chowdhury Vs. Tauhiduddin Chowdhury and others, 2009, 38 CLC (AD)
....hman, Senior Advocate instructed by Serajur Rahman, Advocate-on-Record-For the respondents. Not represented-Respondents No. 2-9. Civil Appeal No. 219 of 2003. (From the Judgment and Order dated 24th March, 2002 passed by the High Court Division in Civil Revision No. 1221 of 1999) Judg......t that the learned Single Judge of the High Court Division erred in law in interfering with the concurrent findings of the Courts below relying on the principle of doctrine of necessity in failing to notice that the respondent raised the constructions without prior permission of the Court in utter v...... no co-sharer should be restrained by an order of injunction from making construction on the suit lands in a partition suit. 2. Appellant instituted Title Suit No.1 of 1996 against the respondents for partition of the suit lands and allotment of a saham of .50 acres of land out of .68 acres of la..Category: Property Law | Date: | Hits: 84
....e-For the Petitioners.
Mahmudul Islam, Attorney-General-For the Respondents.
Writ Petition No. 145 of 2001.
Judgment
Syed Amirul Islam J.- Let the supplementary affidavit dated 14-5-2001 on behalf of the petitioner No. 1 be formed part of the main application.
2. ......nstitution. The learned Advocate further submits that from the principles laid down in the aforesaid decisions it is clear that in interpreting the issue of judicial independence, the Court must take notice of Article 11 of the Constitution and this is because as per Article 8(2), the fundamental pr......y-General-For the Respondents.
Writ Petition No. 145 of 2001.
Judgment
Syed Amirul Islam J.- Let the supplementary affidavit dated 14-5-2001 on behalf of the petitioner No. 1 be formed part of the main application.
2. In this petition there are two petitioners namely, Mr..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....on of the Association group. Article 15A (vii) of the Memorandum of Articles of the FBCCI provides as follows: “Any person whose name is not included in the final voters list cannot be a candidate or proposer or seconder of any candidate in the election.” 9. Earlier in many other Cases ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......5041 of 2000. Judgment Abu Sayeed Ahammed J. - This application is directed under Article 102 of the Constitution of the Peoples Republic of Bangladesh. On 10-10-2000, this matter was placed before a Vacation Bench of this Court and an order was passed to place it before the Regular Bench aft..Category: Business or Commercial Law | Date: | Hits: 204
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
...., Deputy Attorney-General— For the State. Criminal Appeal No. 2150 of 1994. Judgment Md. Joynul Abedin J.-This appeal is directed against the judgment and order of conviction and sentence dated 29-9-1994 passed by the Additional Sessions Judge, Second Court, Tangail in Sessions Case No.6......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ......dditional Sessions Judge, Second Court, Tangail in Sessions Case No.6 of 1992 convicting the convict appellant Hasmat Ali under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Taka 3000 in default to suffer rigorous imprisonment for a further per..Category: Criminal Law | Date: | Hits: 27
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