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Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

....te, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 136 of 2009. (From the judgment and order dated 30.07.2009 passed by Appellate Division in Civil Petition for Leave to Appeal No. 1733 of 2008......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......e Petitioner. Not represented-the Respondents. Civil Review Petition No. 136 of 2009. (From the judgment and order dated 30.07.2009 passed by Appellate Division in Civil Petition for Leave to Appeal No. 1733 of 2008.) Judgment Surendra Kumar Sinha J. - The review ..

Category: Property Law | Date: | Hits: 21

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....ellants. Abdul Wadud Bhuiyan, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Appeal No. 211 of 2004. (From the Judgment & order dated 14.6.00 passed by the High Court Division in Writ Petition No.962 of 1998) Order ......ttlement office of the Ministry of Works to mutate her name and then site applied on 7.9.1996 to the Ministry of Works to release her building from the list of abandoned bulling on the ground that no notice, as required under the law was served on her. The Ministry vide letter dated 12.1.1998 inform.......8.62 who got possession of the building vide possession letter dated 22.8.62. After taking posses­sion Imam Box started leaving there with member of his family on payment of House rent installments for the building and obtained receipt therefore. While own­ing and possessing the building, said Im..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

.... Appellants. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 206 of 2004. (From the judgment and order dated 08.05.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 1979 of 2......sequently transferred another piece of land measuring 0.0878 acre, the case-land, in favour of one Khaleda Rahman, pre-emptee-respondent No.1, by a registered deed of sale dated 8.6.1991, without any notice to the appellant petitioner, The peti­tioner in due course, came to know about the transfer ...... Court, in Miscellaneous Appeal No. 134 of 1999, allowing the same and reversing the judgment and order dated 20.5.1999, passed by the Senior Assistant Judge, First Court, Dhaka, rejecting the prayer for pre-emption in Pre-emption Miscellaneous Case No.80 of 1991. 2. The facts in short are th..

Category: Property Law | Date: | Hits: 27

Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)

....ocate instructed by Md. Aftab Hossain, Advocate-On-Record-For the Respondent No.8. Not represented- Respondent Nos.1-7. Civil Appeal No. 192 of 2003. (From the Judgment and order dated 27.08. 2002 passed by the High Court Division in Civil Revision No. 3727 of 2002). Judg......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......llaneous Case No. 62 of 1995. 2. The facts in short are that the appellant instituted a suit being Title Suit No. 261 of 1963 in the Third Court of Assistant Judge, Dhaka, on 5.9.1968, praying for a decree for eviction of the defendant as licensee. The suit was decreed ex parte on 27.2.1975 a..

Category: Civil Law | Date: | Hits: 105

Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)

....vocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 2-3. Not represented- Respondent Nos. 1 and 4-7. Criminal Appeal No.11 of 2004. (From the judgment and order dated the 2nd day of August, 2002 passed by the High Court Division in Criminal Revision No. 218 of ......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ...... the Rule. 2. The prosecution case, in short, is that the appellant as complainant filed a petition of complaint against the accused-persons alleging, inter alia, that they committed an offence of forgery, interpolation, wrongful gain and criminal misconduct. The learned Senior Special Judge, Sun..

Category: Criminal Law | Date: | Hits: 46

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....ed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 536 of 2008. (From the judgment and order dated 13.11.2007 passed by the High Court Division in Civil Revision No. 348 of 1996). Judgme......s the accretions, which took place after the publication of the notifications under section 3 or section 43(2) of the Act but before the coming into force of part V of the Act, they are also, we have noticed above, beyond the scope of sub­sections (1) and (2) of section 87 and as such the rights wh......5. Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 536 of 2008. (From the judgment and order dated 13.11.2007 passed by ..

Category: Property Law | Date: | Hits: 24

Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another, 2009, 38 CLC (AD)

.... by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 05.12.2007 passed by the High Court Division in Writ Petition No. 3868 of 2004.) Judgme......k filed Money Execution Case No. 38 of 1995 in the Artha Rin Adalat, Rajshahi on 12.08.1995 against the petitioner and other judgment debtors. The Adalat by order dated 24.11.2003 directed to publish notice under the provisions of section 33 of the Ain, 2003 and on that, the auction sale notice was ...... Lawyers Involved: Mozaffar Hossain, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 05.12.2007 passed by t..

Category: Civil Law | Date: | Hits: 121

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

..... Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the refusal by the respondent No. 1, to refer the dispute raised by the petitioners in their letters dated 11.2.98 and 18.2.98 respectively, to the Bangla­desh Election Commission, under Arti­cle 66(...... Opposition, but in this case respondent No. 1 had allocated the seats for the two members without discussion with the petitioner No. 1, the Chief Whip of Opposition. In order to bring this matter to notice the petitioner No. 1 on 22.3.98 addressed a letter to Respondent No. 1 requesting him to info......271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney Gen­eral with Obaidur Rahman Mustafa, Deputy Attorn..

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....ent of officers and employees in the different posts of ‘’Central Chemical Laboratory’ under the Directorate of Narcotics Control of Ministry of Home affairs. 3. The appointment circular dated 17.11.1999 shows that application was invited for 23 posts wherein 6 posts were M.L.S.S. In pu......o the petitioners. The petitioners on several occasions made representations to the authority of Central Chemical Laboratory, Directorate General Control Directorate and lastly on 01.11.2007 served a notice for demand of justice upon the respondents requesting them to absorb the petitioners in the r......stitution upon which instant Rule Nisi was issued calling upon the respondents should not be directed to absorb the petitioners in the revenue budget as per the terms and conditions of the Project Proforma, Appointment letters and recommendation of the respondent No.2. 2. The petitioner’s c..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

.... instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 and 2. Not represented-Respondent No. 3. Civil Appeal No. 22 of 1999. (From the judgment and order dated 27.8.98 passed by a Division Bench of the High Court Division in Writ Petition No. 1163 of 199...... the seats of the aforesaid members had not fallen vacant since they had neither resigned nor voted in the Parliament against their party (BNP). Each of the writ-petitioner than sent a demand justice notice upon on the speaker and thereafter field the writ petition raising various issues of law. ...... 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) to forward the dispute as raised by the writ-petitioners, the Chief Whip and the Deputy Leader of the o..

Category: Constitutional Law | Date: | Hits: 138

State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)

....nt No. 1 (In all the petitions) Not Represented- Respondent No. 2 (In all the peti­tions). Criminal Petition for Leave to Appeal No. 262-264 of 2009 (From the judgment and order dated 26.02.2009 passed by a Division Bench of the High Court Division in Death Reference No. 61 of ......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. ......cate, instructed by Mr. Mahbubar Rahman, Advocate-On-Record-For the Respondent No. 1 (In all the petitions) Not Represented- Respondent No. 2 (In all the peti­tions). Criminal Petition for Leave to Appeal No. 262-264 of 2009 (From the judgment and order dated 26.02.2009 passed ..

Category: Others | Date: | Hits: 66

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

....r Advocate (Ahsanul Karim, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 70 of 2009. (From order dated 15.02.2009 passed by the High Court Division in Criminal Appeal No. 8020 of 2008.) Judg......ated the Emergency Power Ordinance, 2007 and Emergency Power Rules, 2007. 4. Briefly the prosecution case is that Secretary of the Anti-Corruption Commissioner (the said Commissioner) served a notice under Rules 15(Ghao) (1), 15(Gha) (2) of the Emergency Power Rules, 2007 (hereinafter referre......Record-For the Petitioner. Rafique-ul Huq, Senior Advocate (Ahsanul Karim, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 70 of 2009. (From order dated 15.02.2009 passed by the High Court Div..

Category: Others | Date: | Hits: 98

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

....instructed by B. Hossain, Advocate-on-Record-For the Appellants. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 214 of 2002. (From the judgment and order dated 28.02.2001 passed by the High Court Division in Writ Petition No. 2293 of 1997.) Judgme...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......tailed in the schedule of the said Notification, which includes the schedule land of the petitioner, as khas waste land situated at different Mouzas of the then greater Rajshahi District as protected forest land with effect from date of the notification contending, amongst oth­ers, that the petitio..

Category: Property Law | Date: | Hits: 21

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....ed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos.2-25. Civil Petition for Leave to Appeal No. 206 of 2009. (From the Judgment and order dated 10.03.2008 passed by the High Court Division in First Appeal No.196 of 1995) Judgment ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......rd-For the Petitioners. Harunur Rashid, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos.2-25. Civil Petition for Leave to Appeal No. 206 of 2009. (From the Judgment and order dated 10.03.2008 passed by ..

Category: Property Law | Date: | Hits: 19

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....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.) Judgme...... over physical possession of the said property nor returned the money to the plaintiff as per agreement dated 29.3.1990 in spite of repeated requests of the plaintiff. So the plaintiff issued a legal notice to the defendant on 6.3.93 stating all the facts and circumstances and the plaintiff also sta......n, Senior Advocate, Instructed by Mohd. Nawab Ali, Advocate-on-Record-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 ..

Category: Property Law | Date: | Hits: 21

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....d by Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1652 of 2009. (From the judgment and order dated 12.08.2009 passed by the High Court Division in Writ Petition No.5127 of 2009) Order Md......sing to allow the respondent No.1 to leave the country, the respondent No.1 filed Writ Petition No.5127 of 2009 before the High Court Division wherein on 02.08.2009 Rule was issued and the service of notice was dispensed with and the High Court Division by the judgment and order dated 12.08.2009 mad......cord-For the Petitioner. Abdur Razzak, Senior Advocate, instruct­ed by Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1652 of 2009. (From the judgment and order dated 12.08.2009 passed by the..

Category: Others | Date: | Hits: 115

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....ners. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hague, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.40 of 2010. (From the judgment and order dated 9.12.2009 passed by the High Court Division in Civil Revision No. 8990 of 2008.) Judgme....... Nazrul Islam Talukder, learned Deputy Attorney General appear­ing for the petitioners that the learned Judges of the High Court Division erred in law in making the rule nisi absolute in falling to notice that there is no cause of action of the writ petition on the day of delivery of the judgment ......al, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hague, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.40 of 2010. (From the judgment and order dated 9.12.2009 passed by the..

Category: Constitutional Law | Date: | Hits: 107

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....No. 832 of 2009) Not represented-Respondent Nos. 2-4 (In Civil Petition No. 856 of 2009) Civil Petition for Leave to Appeal Nos. 832 and 856 of 2009. (From the judgment and order dated 04.03.2009 passed by the High Court Division in Writ Petition Nos. 4623 and 4913 of 2008.) ......ling the property of the petitioner. 2. The facts, in short, are that the petition­er filed Writ Petition No. 4623 of 2008 before the High Court Division against the publication of re-auction notice in the Daily Janakantha by respondent No.4 fix­ing a date on 12.05.2008 for selling the peti......856 of 2009) Not represented-Respondent Nos. 1, 5 and 6 (In Civil Petition No. 832 of 2009) Not represented-Respondent Nos. 2-4 (In Civil Petition No. 856 of 2009) Civil Petition for Leave to Appeal Nos. 832 and 856 of 2009. (From the judgment and order dated 04.03.2009 p..

Category: Property Law | Date: | Hits: 29

Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)

....hbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented-Respondent Nos.1 & 3-5 Civil Petition for Leave to Appeal No. 1447 of 2009. (From the judgment and order dated 16.4.2009 passed by the High Court Division in Civil Revision No.1895 of 2006) Judgment......um of Taka 1,50,000/- as cash credit hypo loan on 12th August, 1991. The plaintiff bank also sanctioned a sum of Taka 3,50,000/- as cash credit pledged loan on 5th September,1991. Inspite of repeated notices of the plaintiff bank, the judgment debtors failed to repay the said loan and the outstandin......Petitioners. Abdul Quiyum, Senior Advocate, instruct­ed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented-Respondent Nos.1 & 3-5 Civil Petition for Leave to Appeal No. 1447 of 2009. (From the judgment and order dated 16.4.2009 passed by ..

Category: Property Law | Date: | Hits: 28

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....etitioners. A.K. Badrul Huq, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Appeal No. 91 of 2003. (From the Judgment and Order dated 3rd June, 2001 passed by  the High Court Division in Civil Revision No.2516 of 1996 with Civi......had acquired a valid title in the suit lands by way of auction purchase, and the defen­dant could not challenge by way of defence the validity of the certificate sale on the ground of non-service of notice under section 7 of the Public Demands Recovery Act, that the findings of the Courts below tha......arisal in Title Appeal No.158 of1980 who affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declara­tion of title to the suit lands and further declaration that the decree passed in Title..

Category: Property Law | Date: | Hits: 20