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Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
....le 2 of the Code and the decree holder can certify such adjustment at any time as there is no limitation with regard to his certification. 5. We do not find anything to hold a contrary view in the facts and circumstances of the instant case under revision. We do not also find in the instant case ..........................Petition Vs. Md. Abdul Hoque ...........................Opposite party Judgment December 1, 2002. Case Referred To- Hridoy Mohan Sanyal Vs. Khagendra Nath Sanyal and others, 34 CWN 213. Lawyers Involved: Shaheed Alam, Advocate‑For the Petitioner. Not ...... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270...Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
.... order dated 23‑3‑2001 passed by Subordinate Judge, (Arbitration) Court, Dhaka in Arbitration Case No. 399 of 1985 in which the learned Subordinate Judge dismissed the Arbitration Case. 2. The facts out of which appeal No. 152 of 2001 arises are that, the appellants are the heirs late Alhaj M......his Case is also Reported in: 55 DLR (2003) 264. ...... The parties were directed to place only the relevant certified copies relating to the said Writ Petition No. 42 of 1960 at the time of hearing the parties should not be allowed to adduce any further evidence with regard to the valuation of the acquired land. 11. At the very outset, plaintiffs su..Category: Property Law | Date: | Hits: 95
Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....the order of acquittal of the accused respondent passed under section 247(2) of the Cr.P.C. on 17-11-83 in petition Case No. 1466A/1978 by the learned Additional District Magistrate, Dhaka. 2. The facts in short necessary for the purpose of disposal of this appeal may be stated as follows: The......t Division (Criminal Appellate Jurisdiction) Present: Md. Nurul Islam J Md. Hassan Ameen J Nabiran Bibi…………………………………….Appellant Vs. Md. Panna Miah and others ………………Respondents Judgment May 12, 1998. Lawyers Involved: Ashf......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ..Category: Criminal Law | Date: | Hits: 44
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... as promised. The complainant apprehends that the accused destroyed those deeds causing prejudice to the complainant who then filed the case against them under sections 406/420 Penal Code. From above facts it appears that there was intention for deception from the very beginning on the part of accus......lso Reported in: 52 DLR (2000) 392. ...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ..Category: Criminal Law | Date: | Hits: 42
Mati Lal Karmakar and Another Vs. Kalandar Talukder and another, 1998, 27 CLC (HCD)
....eason to interfere with the judgments and decree of the Courts below. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......der as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 390.......e entire land the plaintiffs claim their possession is unascertainable and the conclusion of the trial Court is that exclusive possession of the plaintiffs in the suit land has not been proved by the evidence adduced, and the defendants were found to be in possession of the land as they are residing..Category: Property Law | Date: | Hits: 64
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
....iatpur in Title Appeal No. 95 of 1997 affirming the Judgment and decree dated 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff insti......me Court High Court Division (Civil Revision Jurisdiction) Present: Hasan Foez Siddique J Omar Ali Sheikh......................................Petitioner Vs. Shamsul Alam Mridha and others..............Opposite Parties Judgment December 10, 2002. Lawyers Involved: ......ismissed. 4. The plaintiff examined five witnesses and the contesting defendant petitioner examined two witnesses in support of their respective cases and both the parties adduced some documentary evidence. 5. The learned Assistant Judge, on consideration of the materials on record, decreed th..Category: Property Law | Date: | Hits: 84
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....e special public prosecutor Mr. Abdul Latif Talukder has also deliberately destroyed the case while conducting the case on behalf of the prosecution. According to the learned Attorney General, in the facts of the given case the special public prosecutor ought to have prayed for treating Nuru Mia as ...... (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………..........Petitioner (In all the cases) Vs. Md. Abdul Kuddus and others………....Respondents (In Criminal Petition No. 42 of 2009) Ripon ................Re......pondents have been falsely implicated in the case out of enmity and that they are not at all involved in the murder of Giasuddin. 4. The learned Additional Sessions Judge on consideration of the evidence on record by judgment and order dated 3rd February, 2005 found the accused respondent Abdul..Category: Criminal Law | Date: | Hits: 47
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
.... quashing the proceeding of Special Case No.10 of 2008 filed under Sections 26(2) and 27(1) of the Anti-Corruption Commission Act, 2004 pending before the Special Judge, Court No.10, Dhaka. 2. The facts of the case, in short, are that on 03.10.2007 one Syed Ahmed, Assistant Director, Anti-Corrupt......….…….Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka………….Respondent Order January 25, 2009. Lawyers Involved: Rafique-ul Huq, Senior Advocate and Ajmalul Hossain, Q.C. Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For ......larged on bail to the satisfaction of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a period of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ..Category: Anti-Corruption Laws | Date: | Hits: 120
Rakib and others Vs. State, 2010, 39 CLC (AD)
....of 1(one) year and fine of TK. 2000.00 in addition to the period already served out upon petitioner Nos.1 and 2 and fine of TK. 3,000.00 only upon petitioner No.3 which he has paid already. 2. The facts involved in the case, in short, are that on 29.07.2002 after watching the news from Bangladesh......lso Reported in: VIII ADC (2011) 57. ......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 57. ..Category: Criminal Law | Date: | Hits: 38
State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)
.... is directed against the judgment and order dated the 29th day of October, 2009 passed by the High Court Division in Criminal Miscellaneous Case No. 6416 of 2009 making the Rule absolute. 2. The facts involved in the case, in short, are that the accused-petitioner and the father of victim are n......cord-For the Petitioner. Anisul Huq, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 408 of 2009. (From the judgment and order dated the 29th day of October, 2009 passed by the High Court Division in Criminal Miscella......aper books is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55...Category: Criminal Law | Date: | Hits: 42
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
....proceeding of C.R. Case No.32 of 2007 under Sections 418,420,467,471,109, 500, 506 and 34 of the Penal Code now pending in the Court of Additional Chief Metropolitan Magistrate, Noakhali. 2. The facts involved in the case, in short, are that the complainant-petitioner was appointed on 01.05.197...... Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Kazi Md. Ruhul Amin……………………….....Petitioner Vs. Abdur Rahman Chowdhury and another……….....Respondents Judgment January 13, 2009. Lawyers Involved: Bivas......n-Record, appearing for the petitioner submitted that the High Court Division erred in law resulting in an error occasioning failure of justice in misreading, misconstruing and misunderstanding the evidence and materials on record and consequently failed to comprehend the facts of the case and mis..Category: Criminal Law | Date: | Hits: 44
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....579 of 2000 arising out of Dhanmondi P.S. Case No.56(2)2000 dated 17.02.2000 under Section 420/468/471/109 of the Penal Code within 4(four) months from the date of receipt of the judgment. 2. The facts involved in the case, in short, are that the accused No.1, Md. Rajab Ali Palowan, by opening c......ision (Criminal) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Md. Azizur Rahman…………..............Petitioner Vs. The State and another……………......Respondents Judgment January 11, 2010. Lawyers Involved: ......ved in the mater is an abuse of the process of Court. 5. It appears that the allegation brought against the accused petitioner in the FIR and charge sheet would be proved or disproved by leading evidence at the time of trial and the offence of the accused petitioner could not be adjudicated w..Category: Criminal Law | Date: | Hits: 55
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....dent No.2 is directed against the judgment and order dated 15th March, 2009 of a Division Bench of the High Court Division in Writ Petition No.10310 of 2007 making the rule nisi absolute. 3. Short facts relevant for the disposal of the leave petition are that the writ petitioner was appointed o......l) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The Managing Director, Dhaka WASA, WASA Bhaban, Dhaka...........Petitioner Vs. Meer Awlad Hossain and others ............................Respondents Order October 13, 2010. Lawyers Involve......vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45...Category: Employment/Service Law | Date: | Hits: 87
Government of Bangladesh Vs. Md. Rahatuddin Khan and others, 2011, 40 CLC (AD)
.... 2. We have heard the learned Attorney General and perused the materials on record. 3. We are of the view that the ad interim direction given by the High Court Division is not justified under the facts and circumstances of the case but the parties may take steps for disposal of the said writ pet...... SK Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, represented by the Secretay, Ministry of Education, Dhaka and Others………………..Petitioners Vs. Md. Rahatuddin Khan and others ………….Resp...... 2011, be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in:..Category: Procedural Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ariful Islam and others, 2011, 40 CLC (AD)
....ons. 2. We have heard the learned Attorney General and perused the materials on record. We are of the view that the ad-interim direction given by the High Court Division is not justified under the facts and circumstances of the case but the parties may take steps for disposal of the said writ pet...... SK Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Government of Bangladesh, represented by the Secretay, Ministry of Education, Dhaka and Others …………………….Petitioners Vs. Md. Ariful Islam and others …………......2011 be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 106
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....ted property and as such, the writ petition is not legally maintainable but the learned Judges of the High Court Division failed to consider that aspect of the matter. 7. On consideration of the facts and circumstances of the matter, we find merit in the contention of the learned Deputy Attor......so Reported in: VIII ADC (2011) 23.......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23...Category: Property Law | Date: | Hits: 81
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
.... of paper books is dispensed with as prayed for. The period of order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 312 of 2009. (From the judgment and order dated the 18th, 19th and 20th day of November, 2008 passed by the High Court Division in D......Md. Zahangir, learned Advocate-on-Record, appearing for the petitioner submitted that the High Court Division has committed illegality confirming the death sentence without considering the material evidence on records such as the F.I.R., the charge sheet, the statements of the P.W.'s of the case; ..Category: Criminal Law | Date: | Hits: 49
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19....... Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Rafiqul Islam Howlader alias Md. Rafiq Howlader…………….....Petitioner Vs. Syed Abdul Hamid and others………………………………………….....Respondents Judgment April 18, ......6 filing written statement claimed that the predecessor-in-interest of the plaintiffs settled 2.57 acres of land with the said defendant. 4. The learned Subordinate Judge on consideration of the evidence and materials on record dismissed the suit vide judgment and decree dated 22.10.1991. Bei..Category: Property Law | Date: | Hits: 93
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....ct Judge, Kushtia in Title Appeal No.39 of 2002 reversing those dated 18.11.2001 passed by the Senior Assistant Judge, Sadar Court, Kushtia in Title Suit No.316 of 1997 dismissing the suit. 2. The facts involved in the case, in short, are that the land measuring 0.12 acre in S.A. Khatian No.370 u......orted in: VIII ADC (2011) 16. ......it to grab the land. The suit is barred by limitation and is liable to be dismissed. 4. Mr. Md. Nurul Amin, learned Advocate, appearing for the petitioner submitted that the plaintiffs admitted in evidence that নালিশী কবলা ভুক্ত জমি জমা ভাইয়ের..Category: Property Law | Date: | Hits: 84
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
.... This petition for leave to appeal is directed against the judgment and order dated 6th August, 2009 of a Single Bench of the High Court Division passed in Civil Revision No.2070 of 2009. 2. Short facts relevant for the disposal of this petition are that Sayed Abu Shayed, predecessor of the respo...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ayesha Siddika and others………………………….......Petitioners Vs. Sayed Rafiqul Islam Rafiq and o......orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ..Category: Property Law | Date: | Hits: 89