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Dr. Moos Bin Shamsher Vs. Ayub Ali and others, 2012, 41 CLC (HCD)
....nt having arising out of the self same cause of action and having related to the same property are taken up together and this judgment would governed both these appeal and Rule. 2. The facts relating for disposal of the appeal are that, plaintiffs are the heirs of late Professor Yousu...... (Civil Appellate Jurisdiction) Present: Sharif Uddin Chaklader J Krishna Debnath J Dr. Moos Bin Shamsher.....................Defendant-Appellant Vs. Ayub Ali and others..........................Plaintiff-Respondents Judgment May 7, 2012. Resul......… (45) Agreement for lease is void under section 23 of the Contract Act when its object is not lawful and that it having not been registered is unenforceable and also inadmissible in evidence.………(36) Cases Referred to- PK Chakraborty Vs. AP Chowdhury 1..Category: Contract Law, Tenancy Law | Date: 7 May, 2012 | Hits: 7
Professor Muhammad Yunus and another Vs. Bangladesh, 2012, 41 CLC (AD)
....counsel expressed their desire to make further submissions, we treat this case as an exceptional one and recall the unsigned orders in exercise of inherent powers of this Division. 3. Short facts relevant for the disposal of these petitions are succinctly narrated thus: 4. Grameen Ban......Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Professor Muhammad Yunus..................Petitioner (In Civil Petition No.640 of 2011) Rahima Begum and others......................Petitioners (In Civil Petition No.641 of 2011) Vs. Banglad......d at "after due inquiry". The question is whether the council in that case can be regarded having reached its adverse decision "after due inquiry" when it has refused to hear evidence tendered by the practitioner with a view to showing that he has not been guilty of the..Category: Banking Law | Date: 5 May, 2012 | Hits: 220
Rajuk Karmachari Bahumukhi Samabaya Samity and another Vs. M/s Al-Razib Traders, 2012, 41 CLC, (HCD)
....D) 172. 16. The case referred to by Mr. Mahabubey Alam although related to matter in respect of Election Tribunal and Election Appellate Tribunal, which is not exactly in agreement with the facts of the case before us. Even than the principle that has been laid down in the aforesaid c......ported in: 18 BLC (HCD) (2013) 285. ......py of this judgment. Send a copy of this judgment to the Court of the learned District Judge as expeditiously as possible. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 285. ..Category: Arbitration Law | Date: 3 May, 2012 | Hits: 18
Kamol Krishna Das Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
.... decision dated 19.05.2003 passed by the learned Judge, Administrative Tribunal, Chittagong in Administrative Tribunal Case No.51 of 2002 dismissing the case of the petitioner on contest. 3. The facts, leading to the filing of this petition, in a nutshell, are as follows: 4. On 25.06.1987,........................................................Petitioner Vs. The Government of Bangladesh, represented by the Director General, Director General Office, Bangladesh Dak Bivag, Dhaka and others......................Respondents Order April 30, 2012. Result: The l......nnual increments and as such the petitioner was discriminated against. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 868. ..Category: Administrative Law | Date: 30 Apr, 2012 | Hits: 7
Govt. of Bangladesh and others Vs. Md. Nurul Alam, 2012, 41 CLC (AD)
....ellaneous Case No.01 of 2009 dismissing the same. 2. At the very outset, we cannot help ourselves but to say that the leave petition has been filed in a careless manner without giving minimum facts to have the background in filing the same. However, from the impugned order and the other mat......reme Court Appellate Division (Civil) Present: Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Govt. of Bangladesh and others ...........................Petitioners Vs. Md. Nurul Alam..........................ng afresh and to dispose of the same on merit in the light of the observations made and the findings given hereinbefore. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 97. ..Category: Administrative Law | Date: 29 Apr, 2012 | Hits: 12
State Vs. Md. Kamal Hossain alias Md. Kamal Pramanik, 2012, 41 CLC (AD)
....cused persons. The accused persons were also examined under section 342 of the Code of Criminal Procedure and both of them pleaded not guilty. The tribunal, on consideration of the evidence and other facts and circumstances, found the present accused-respondent guilty under section 9(1) of the N...... General instructed by Mr. B. Hossain, Advocate-on-Record—For the Petitioner. Not represented-The Respondent. Criminal Petition for Leave to Appeal No.223 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Criminal Appeal No.2970 of 2006.) ......arge against the accused persons. The accused persons were also examined under section 342 of the Code of Criminal Procedure and both of them pleaded not guilty. The tribunal, on consideration of the evidence and other facts and circumstances, found the present accused-respondent guilty under se..Category: Women and Children | Date: 29 Apr, 2012 | Hits: 27
Sarwar Kamal Vs. State, 2012, 31 CLC (HCD)
.... learned Deputy Attorney-General frankly expressed their inability in presenting the relevant file as the concerned Ministry failed to supply the file to the office of the Attorney-General. In such facts and circumstances we directed the Secretary, Ministry of Home Affairs to produce the file an...... April 25, 2012. Result: The Rule is discharged. Jurisdiction of the Criminal Bench of the High Court Division in deciding Constitutional matters The Court cannot fold its hand in despair and declare 'judicial hands off'. So long as the question arises whether an authority......eks pardon from the President or the Government he must supply the following materials with the application for pardon; namely - i) the First Information Report and Police Report; ii) the evidence; iii) Judgment of the trial Court and appellate Court, if any; iv) information ..Category: Criminal Law | Date: 25 Apr, 2012 | Hits: 98
Md. Salim Hossain and other Vs. Artha Rin Adalat, Munshigonj and other, 2012, 41 CLC (AD)
....ve-mentioned petitions arising out of the same impugned judgment and order having been heard together are now being disposed of by this common judgment as they do involve common questions of laws and facts. 3. Briefly stated, the facts giving rise to Civil Petition for Leave to Appeal No.429 of......etition No. 429 of 2010) None represented—For the Respondent (For Civil Petition No. 640 of 2010) Civil Petition for Leave to Appeal Nos. 429 with 640 of 2010. (From the judgment and order dated 18.11.2009 passed by the High Court Division in Writ Petition No.7309 of 2006) ...... the Code of Civil Procedure read with Section 57 of the Ain without any prayer for appointment of survey knowing Advocate Commissioner. On 17-10-2004, the application was rejected without taking any evidence or appointing any survey knowing Advocate Commissioner to ascertain the truth. Therefore, t..Category: Civil Law | Date: 19 Apr, 2012 | Hits: 151
Government of Bangladesh and others Vs. Md. Badal and another, 2012, 41 CLC (AD)
....t and order dated 21-5-2003 passed by the High Court Division in Writ Petition Nos.6411, 6410 of 2001 and Writ Petition Nos.2051, 2052, 2054, 2053 of 2003 making the Rules absolute. 2. Though facts are different, the point of law involved in these six appeals being similar and same, they ha...... Md. Muzammel Hossain CJ SK Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Shamsul Huda J Government of Bangladesh and others........Appellants Vs. Md. Badal and another……………………………R......o a serious disputed questions of fact which could only be resolved on evidence to be produced by the parties before the proper functionaries having the authority and jurisdiction to take such evidence under the law and such dispute in no way could be solved in a summary proceeding under the..Category: Criminal Law | Date: 17 Apr, 2012 | Hits: 20
Abdul Gaffar and others Vs. Sree Sree Radha Madhab Jew Deity and others, 2012, 41 CLC (AD)
....on for leave to appeal has been directed against the judgment and order dated 06.12.2009 passed by the High Court Division in Civil Revision No.985 of 1981 making the rule absolute. 2. The short facts necessary for disposal of the leave petition are as follows:- 3. The present petitioners,......mmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Abdul Gaffar and others..............................................Petitioners Vs. Sree Sree Radha Ma......eral witnesses in order to prove their respective cases. The plaintiffs produced some rent receipts also which have been marked exhibit-1 series. 8. The learned Munsif, on consideration of the evidence both oral and documentary adduced by the contesting parties dismissed the suit by the judgm..Category: Property Law | Date: 16 Apr, 2012 | Hits: 72
Most. Umme Shaheda Akhter Rina & othersVs. Ayub Ali and others, 2012, 41 CLC (AD)
....order dated 02.11.2002 passed by the learned Joint District Judge, First Court, Dinajpur in Partition Suit No.250 of 1982 appointing receiver in respect of the suit land. 3. Briefly stated, the facts giving rise to the present petitions for leave to appeal are as follows: The plaintiffs ......na & others..................Petitioners (In Civil Petition No. 94 of 2010) Md. Habibur Rahman & others ..........Petitioners (In Civil Petition No. 397 of 2010) Vs. Ayub Ali and others.........................................Respondents (In both the Cases) Judgment ......on from selling any portion of the suit land without prior permission of the trial Court, if so advised. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 94; 17 MLR (AD) (2012) 235. ..Category: Civil Law | Date: 16 Apr, 2012 | Hits: 92
Md. Ismail and another Vs. Abul Kashem and others, 2012, 41 CLC (AD)
....ivil Revision No.1303 of 2003) and as such both the civil petitions for leave to appeal have been heard analogously and are being disposed of by this single judgment and order. 2. The relevant facts necessary for disposal of these civil petitions for leave to appeal, in short, are as follow......zammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Ismail and another..........................Petitioners (In Civil Petition No.642 of 2009) Abul Kashem......was filed beyond time as prescribed under section 96(4) of the State Acquisition and Tenancy Act." "III. Because the High Court Division committed error in law in not considering that from the evidence of the P.W.1 along with P.W.4 and exhibit-4 the certificate together with material statemen..Category: Property Law | Date: 15 Apr, 2012 | Hits: 149
Monsur Hossain (Md.) Vs. Rahima Khatun and others, 2012, 41 CLC (HCD)
....ant opposite-party. 10. Mr. Abdul Wadud Bhuiyan, took me through the impugned judgment and decree passed by the SCC Judge. He read out the 106 notice and the evidence of P.W.2. After placing the facts of the parties as well as the evidence, on record. Mr. Bhuiyan, formulated the following point......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: Shahidul Islam J Monsur Hossain (Md.)........................Petitioner Vs. Rahima Khatun and others…………………Opposite-Parties Judgment ......"/1. Chalan showing deposit of rent with the Rent controller, since 1-1-1992 were marked as Exhibit "Ga' series (86 in numbers). 7. The learned Assistant Judge upon considering the evidence on record dismissed the suit by the impugned judgment and decree dated 20-4-1999 holding th..Category: Property Law | Date: 12 Apr, 2012 | Hits: 6
Commissioner of Customs Vs. Faridul Alam, 2012, 41 CLC (AD)
....private ICD, Chittagong and the said committee was approved by respondent No.1 on 21-4-2009, but the petitioner suppressed the total fact in the writ petition. The petitioner has not denied these facts by filing any affidavit-in-reply. From the above, it is clear that the customs authorities, ......General, instructed by Md. Zahirul Islam Advocate-on-Record—For the Appellants. Sufia Khatun, Advocate-on-Record—For Respondent. Civil Appeal No. 478 of 2009. (From the judgment and order dated the 7th day of May, 2009 passed by the High Court Division in Writ Petition No.2775....... Accordingly, the appeal is allowed. The impugned judgment and order is set-aside. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 133. ..Category: Fiscal/Taxation Law | Date: 11 Apr, 2012 | Hits: 9
Momtaj Ali @ Babul Vs. Md. Shamsul Huda, 2012, 41 CLC (AD)
....six) months more. The concerned Jail Authority is directed to shift the appellant to the convict wards from the death cell. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 122. ......bsp; Result: The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecution case and the statements made therein can be looked into with a view to find the prosecution story as......nbsp; April 10, 2012. Result: The appeal is allowed. FIR cannot be used as substantive piece of evidence FIR is the earlier version of the prosecution case and the statements made therei..Category: Criminal Law | Date: 10 Apr, 2012 | Hits: 2
Government of Bangladesh and others Vs. Jamaluddin and another, 2012, 41 CLC (AD)
.... Judgment Nazmun Ara Sultana J. - All these three Civil Petitions for Leave to Appeal have been heard together and are being disposed of by this single judgment since common questions of law and facts are involved in all these 3 leave-petitions. 2. Civil Petition for Leave to Appeal No. 35...... ......e published on 4-2-2010. In the circumstances all these three Civil Petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 135 ..Category: Constitutional Law | Date: 10 Apr, 2012 | Hits: 13
Securities and Exchange Commission Vs. Dona Securities and others, 2012, 41 CLC (AD)
....e to appeal is directed against the judgment and order dated 11.11.2007 passed by the High Court Division in Criminal Miscellaneous Case No.3280 of 2002 making the Rule absolute. 2. The relevant facts of the case, in brief, are that a petition of complaint was filed by the Securities and Exchan....... ......n behalf of the petitioner submits that the Inquiry Committee detected irregularities in the Trading of the Respondent Company which indicated manipulated trading and as such without taking further evidence and deposition during the trial the matter cannot be decided and the High Court Division er..Category: Business or Commercial Law | Date: 10 Apr, 2012 | Hits: 212
Palash Barua & others Vs. Anil Kumar Barua and others, 2012, 41 CLC (AD)
....earned Assistant Judge, Ramu, Cox's Bazar in Other Suit No.245 of 2008 allowing an application under Order 1 Rule 10(2) of the Code of Civil Procedure making the application as added party. 2. The facts, in short, for disposal of the Civil Petition for Leave to Appeal, in short, are that the resp......on (Civil) Present: Surendra Kumar Sinha J Md. AWahhab Miah J Md. Imman Ali J Md. Shamsul Huda J Palash Barua & others ...............Petitioners Vs. Anil Kumar Barua and others............Respondents Judgment April 9, 2012. Result: The Petition is dismis......been dragged for years together. The contention of both the parties as regards the attaining majority of the added defendant as stated above are matters of fact which cannot be decided without taking evidence during trial. We do not find any valid reason to interfere with the impugned judgment an..Category: Procedural Law | Date: 9 Apr, 2012 | Hits: 30
....d Company Judge in Company Matter No.181 of 2009 rejecting summarily an application filed by them under sections 81, 85(3) read with sections 91(1)(b) and 36 of the Companies Act, 1994.
2. Short facts necessary for disposal of this petition are as follows:
The petitioners filed an applicat......urt
Appellate Division
(Civil)
Present
Md. Muzammel Hossain CJ
Surendra Kumar Sinha J
Md. Abdul Wahhab Miah J
Muhammad Imman Ali J
Md. Mazakat Ali Harun and Others……………………….Petitioners
......cheduled to retire at the 9th AGM continued to hold their position as Directors by virtue of the aforesaid order which ultimately stood vacated with the discharge of the Rule itself on 05.03.2009, as evidenced by annexure-'G'.
11. The learned company Judge took the further view that sub..
Category: Company Law | Date: 9 Apr, 2012 | Hits: 223
Majad Hossain and another Vs. State, 2012, 41 CLC (AD)
....Advocate-on-Record-For the Petitioners. None represented-For the Respondent. Criminal Petition for Leave to Appeal Nos. 361 And 366 of 2010. Judgment Md. Abdul Wahhab Miah J. - Identical facts and common question of law, being involved in these two petitions, they have been heard togeth......Ali J Md. Shamsul Huda J Majad Hossain…………………………Petitioners Vs. The State…………………….. Respondents (In Criminal Petition No. 364 of 2010) M.A. Hossain and Others…………Petitioners Vs. The State…………………….. Respondents (In Cri...... In the circumstances, the learned Additional Sessions Judge in order to ensure the presence of the complainant issued bailable warrant against him fixing the next date on 4-11-2008 for recording evidence. At that stage of the proceedings, the accused-petitioners filed the application under sect..Category: Banking Law | Date: 8 Apr, 2012 | Hits: 618
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