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.... a cognizable offence, particulars of the 61fence, circumstances under which arrest was made, the source of information and the reasons for believing the information, description of the place. note " date and time of arrest, name and address of the persons, if any, present at the time of arrest in a......stitution. So, we like to suggest some amendments in section 54 so that the provisions of this section are made consistent with the provisions of Part III of the Constitution. Similarly, we have also noticed that some provisions of section 167 are inconsistent to some extent with the provisions of t...... knowledge of the existence of some facts and such knowledge shall be the basis of arrest without warrant. There can be knowledge of a thing only if the thing exists…………….(10)
Credible Information, Source of Information
If a person is arrested on the basis of credible information nat..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....or the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by the High Court Division in Writ Petition No. 3868 of 2004). Judgmen......the withdrawals of the same on 29-1-1980 and 21-1-1980 which were referred in the above proceeding. The appellants are bona fide purchasers of the suit land for valuable consideration without any notice of agreement of exchange and other facts as stated above. Ordinance No.1 of 1964 (EP Disturbe......nior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by th..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....r the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For respondents. Civil Appeal No. 122 of 2006. (From the judgment and order dated 21st June, 2006 passed by the High Court Division in Civil Revision No. 3001 of 2001). Judg...... also filed an application on 9th March, 1993 stating that the sale certificate was lost and as the volume book was torn up, they failed to procure the certified copy of the same. The trial Court noticed that the defendants subsequently filed Exhibit B, the certified copy of the sale certifica......ham of 1.94 acres of land out of the suit lands to the plaintiffs and half portion of lands of CS Khatian No.77 to the defendant Nos. 24-36 and 38. 2. The respondent Nos. 15-32 instituted the suit for partition on the averments that the suit lands appertain to CS khatian Nos. 18, 77, 133 and 138 ..Category: Tenancy Law | Date: | Hits: 174
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
....titioner. Zainul Abedin, Deputy Attorney General and also Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 9 of 2008. (From the judgment and order dated 11.11.2007 passed by the High Court Division in Death Reference No.93 of 2004 along with Crimi......should draw the attention of the petitioner to the main incriminating evidences against him with regard to the vital piece of evidences. But in the instant case the trial court failed to bring to the notice of the petitioner the vital piece of evidences at the time of examination under Section 342 o......vocate 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. (From the judgment and order dated 11.11.2007 passed by th..Category: Others | Date: | Hits: 83
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....tructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 533 of 2009. (From the judgment and order dated I 28.10.2008 passed by the High Court Division in Civil Revision No.1642 of 2003.) Orde......nd the defendant's possession which finding being based on assessment of the evidence on record is binding upon the High Court Division and that the learned Judge of the High Court Division failed to notice that in a suit for declaration under section 42 of the Specific Relief Act, the Court can not...... Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 533 of 2009. (From the judgment and order dated I 28.10.2008 passed b..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....rs. Sufia Khatun, Advocate-on record-For respondent No.1. Not represented- Respondents nos. 2-5. Civil Petition for Leave to Appeal No. 1193 of 2009. (From the Judgment and Order dated 25th January, 2009 passed by the High Court Division in Civil Revision No. 2480 of 2006) ...... 31st May, 2000. Pre-emptors came to know that the respondent No.2 Zebal Ahmed Chowdhury transferred the case land to the respondent No. 1 by a deed dated 6th December, 2003 without serving any notice to them and thereafter, they instituted the case after obtaining the copy of the deed fro......n-Record-For the Petitioner. J.B.M. Hasan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on record-For respondent No.1. Not represented- Respondents nos. 2-5. Civil Petition for Leave to Appeal No. 1193 of 2009. (From the Judgment and Order dated 25th January, 2009 p..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
.... both the petitions). Not Represented-For the-Respondent Nos. 2-3 (In both the petitions). Civil Petition for Leave to Apple Nos. 83 and 129 of 2009. (From the judgment and order dated 04.11.2008 passed by the High Court Division in F.M.A. No.370 of 2007). Judgment ...... Court Division rightly observed: "The facts remains that on 22.10.2006 an ad-interim order of injunction was passed but the fact of the delivery of possession of the suit shop was not brought to the notice of the Court below till 30.10.2006." Accordingly the appeals were rightly dismissed by the Hi......ocate, instruct-ed by Nawab Ali, Advocate-On-Record-For the Respondent No. 1 (In both the petitions). Not Represented-For the-Respondent Nos. 2-3 (In both the petitions). Civil Petition for Leave to Apple Nos. 83 and 129 of 2009. (From the judgment and order dated 04.11.2008 pas..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....pellants. Harendra Nath Nandi, Advocate, instructed by Syed Mahbubur Rahman, Advocate On-Record-For the Respondents. Civil Appeal No. 106 of 2006. (From the judgment and order dated 26.07.2004 passed by the High Court Division In F.A. No. 54 of 1999) Judgment ......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. ......suit. 2. Facts involved in this case, in short, are that the plaintiffs-respondents instituted suit being Title Suit No.102 of 1992 in the Court of Sub-Ordinate Judge, 4th Court, Dhaka praying for declaration that the "Ka" schedule property as Debuttar Property and the registered deed dated 1..Category: Property Law | Date: | Hits: 29
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
.... Khondaker Mahbubuddin Ahmed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For the-Respondents. Civil Appeal Nos. 103-104 of 2004 (From the judgment and order dated 30.11.2002 passed by the High Court Division in Writ Petition Nos. 4986 & 4987 of 1996). ......irected the banking institutions to exempt interest upto 75% of interest on the fulfillment of conditions laid down in the above circular and in the light of the above circular the appellant also, by notice published in the Daily 'Ittefaq' on 14.11.1991, offered exemption of interest on the terms of......ed in Writ Petition Nos. 4986 and 4987 of 1996 making absolute the Rule obtained challenging the decision of the Board of Janata Bank, the appellant is not allowing the prayer of the respondent No. 1 for exemption of interest. 2. Facts of Civil Appeal No. 103 of 2004 in brief, are that the re..Category: Banking Law | Date: | Hits: 98
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
....tion No.541 of 2009). Not represented- the Respondents (In Civil Petition No. 542 of 2009). Civil Petition for Leave to Appeal Nos. 540-542 of 2009. (From the judgment and order dated 26.01.2009 passed by the High Court Division in Writ Petition No. 12174 of 2006 analogously he...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......l) Present: MM Ruhul Amin CJ Md. Abdul Matin J 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…………..Res..Category: Business or Commercial Law | Date: | Hits: 216
.... by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 520 of 2009.
(From the judgment and order dated 03.03.2009 passed by the High Court Division in Writ Petition No. 7366 of 2005.)
Judgme......sion committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
...... 2009.
Lawyers Involved:
S. N. Goswami, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 520 of 2009.
(From the judgment and order dated 03.03.2009 passed by ..
Category: Others | Date: | Hits: 84
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... Nazrul Islam Talukder, Advocate instructed by Firuzur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 467 of 2009. (From the judgment and order dated 04.12.2008 passed by the High Court Division in Writ Petition No. 9684 of 2008.) Judgme......e respondent to consider his application. 12. The petitioner was verbally informed that his representation would be considered. Placed in such situation finding no other way but to serve a notice demanding justice to the respondents for canceling the memo dated 28.11.2008 to the writ peti...... instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Nazrul Islam Talukder, Advocate instructed by Firuzur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 467 of 2009. (From the judgment and order dated 04.12.2008 passed by ..Category: Property Law | Date: | Hits: 26
.... instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1 -2.
Not represented-Respondent Nos. 3-6.
Civil Petition for Leave to Appeal No. 504 of 2009
(From order dated 27.08.2008 passed by the High Court Division in Execution Case No.05 of 2004.)
Judgment......ation for addition of party.
We find no substance in this petition which is accordingly dismissed with the above observation.
Ed.
This Case is also Reported in: VII (ADC) (2010) 189.
......ecord-For the Petitioner.
Golam Kibria, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1 -2.
Not represented-Respondent Nos. 3-6.
Civil Petition for Leave to Appeal No. 504 of 2009
(From order dated 27.08.2008 passed by the High Court Div..
Category: Others | Date: | Hits: 356
....
Mahrnudul Islam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-the Respondents.
Civil Petition for Leave to Appeal No.438 of 2009
(From the judgment and order dated 27.01.2009 passed by the High Court Division in First Appeal No. 114 of 1996.)
Judgment......d persons who were conspiring to give offer letter to another person. On 30.11.1994 the predecessor of the plaintiffs, Sona Miah died leaving behind the plaintiffs. Thereafter the defendants served notice to evict the plaintiffs from the suit property, hence the suit.
6. The defendant Nos.1......ucted by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioners.
Mahrnudul Islam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-the Respondents.
Civil Petition for Leave to Appeal No.438 of 2009
(From the judgment and order dated 27.01.2009 passed by th..
Category: Property Law | Date: | Hits: 23
Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)
....d by Md. Altab Hossain, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.92 of 2009 (From the judgment and order dated 30.10.2008 passed by the High Court Division in Civil Revision No.3265 of 2007.) Judgme......ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ......cord-For the Petitioner. Abdus Salam Mondal, Advocate instructed by Md. Altab Hossain, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.92 of 2009 (From the judgment and order dated 30.10.2008 passed by the..Category: Trust/Waqf Law | Date: | Hits: 200
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....ey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 200 of 2009. (From the judgment and order dated 27.11.2008 passed by the High Court Division in Civil Revision No. 1863 of 2007.) Judgm......he defendant the plaintiff by withdrawing earlier suit instituted the instant suit with false claim as such he prayed for dismissal of the suit. 3. The petitioner was defendant of the suit. No notice was served upon the defendant and as such upon ex parte hearing the learned Senior Assistant ...... K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 200 of 2009. (From the judgment and order dated 27.11.2008 passed by ..Category: Property Law | Date: | Hits: 29
Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)
....2007). Not represented-Respondent Nos. 2-6 (In Civil Appeal No. 290 of 2007). Civil Appeal No.175 of 2007 and Civil Petition for Leave to Appeal No. 290 of 2007. (From the judgment and order dated 22.08.2006 passed by a Division Bench of the High Court Division in Writ Petition No. 2172 of ......he facts, in short, are that the respondent No.2 published an advertisement on 01.09.2001 in the "Daily Ittefaq" for inviting tender for the purpose of lease of residential or commercial plots vide notice No.02/2001-2002 for a period of 99 (ninety nine) years as abandoned properties including bu......m, Advocate-on-Record-For Respondent No.1 (In Civil Appeal No.290 of 2007). Not represented-Respondent Nos. 2-6 (In Civil Appeal No. 290 of 2007). Civil Appeal No.175 of 2007 and Civil Petition for Leave to Appeal No. 290 of 2007. (From the judgment and order dated 22.08.2006 passed by a Di..Category: Limitation Law | Date: | Hits: 154
....urt and another this Division.
Lawyers Involved:
Md. Nawab Ali, Advocate-on-Record-For the Appellants.
Respondents-Ex-parte.
Civil Appeal No. 110 of 2002.
(From the judgment and order dated 20.04.2000 passed by the High Court Division in Writ Petition No.6150 of 1997.)
Judgment
......d till the date of his retirement. But the authority namely the Bangladesh Water Development Board did not pass any order upon that application. So the respondent No. 2, after serving a grievance notice demanding justice by registered post, which also the petitioner refused to accept, filed the ......s appointed on 16.08.1964 as an Work Charge staff, on 18.05.1986 he was made permanent staff and was continuing as such but he was retired from service on and from 04.06.1994 after completing service for 31 years illegally and arbitrarily without giving benefit of pension and gratuity etc. and it ..
Category: Labour and Industrial Law | Date: | Hits: 110
Mohammad Shahid Ullah Vs. Chairman, First Court of Settlement, Dhaka and others, 2008, 37 CLC (AD)
....Attorney General instructed by Habibur Rahman Miah, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented-Respondent No.3. Civil Appeal No. 188 of 2003. (From the judgment and order dated 22.05.2002 passed by the High Court Division in Writ Petition No.265 of 1997.) Judgment ......first time came to know that his house was declared as abandoned property and one Abdul Faraj Molla filed a Case No.132 of 1996 and the property was enlisted in the "kha" list without sending any notice upon the appellant. The appellant then filed an application for being added as a party in Cas...... Civil Appeal No. 188 of 2003. (From the judgment and order dated 22.05.2002 passed by the High Court Division in Writ Petition No.265 of 1997.) Judgment Md. Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 22.05.2002 passed by the High C..Category: Property Law | Date: | Hits: 37
Golam Rab Chowdhury Vs. Mrs. Sajeda Begum and others, 2009, 38 CLC (AD)
....ppellant. Abdul Wadud Bhuiyan, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Appeal No. 355 of 2002. (From the judgment and order dated 21.11.2001 passed by the High Court Division in Writ petition No.7112 of 1997.) Judgmen......y, keeping the house in the custody of her next-door neighbour, Istafa Hossain. But the latter somehow managed to get the house declared as an abandoned property. The Government without serving any notice and without complying with the provisions of President Order No. 16 of 1972 and the rules fra......e house to the respondent in presence of witnesses. Since then the respondent with her husband was living therein as the rightful owner. After her marriage the respondent's father, Manzur Ahmed, left for Pakistan to visit his relatives and died there. During the disturbance in 1975 the responden..Category: Property Law | Date: | Hits: 31
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