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Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....l plot as it was acquired for the purpose of creating industrial plots and then Mr. Hasinur Rahman, the then Secretary of Ministry of Works by his memo dated 10.4.1995 asked his office to examine the relevant papers in connection with the said land and then put up the same and then Mr. Ashrafuddin, ...... it was acquired for the purpose of creating industrial plots and then Mr. Hasinur Rahman, the then Secretary of Ministry of Works by his memo dated 10.4.1995 asked his office to examine the relevant papers in connection with the said land and then put up the same and then Mr. Ashrafuddin, the then ...... of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceeding before any court or tribunal and, consequently, it cannot be quashed. So, the instant criminal miscellaneous cases are quite prem......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
.... to consider the submissions that the High Court Division not being the court of appeal erred in law in interfering with the findings of fact arrived at by the Court of Settlement and that during the relevant period the whereabouts of the original owner of the above building not being known and the ......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ......n (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh…………......Appellant Vs. Md. Yakub Mia and another……………………………………………………Respondents Judgment ......rdinance No. 54 of 1985. The Court of Settlement is not a Civil Court to decide title". 7. However, as it appears the Court of Settlement found that the respondent No. 1 did not possess the vital documents of title i.e. the original allotment letter dated 16.9.1961, registered lease agreement da..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....cord, at least in two cases, i.e. C.S. plot Nos.676 and 250, land accreted and claimed as accreted land is more than the land for which there has been tenancy. The contention so made is not so much relevant for the disposal of the appeal since the point involved in the appeal whether the High Cou......r khas possession of 4 decimals of land as described in schedule 'ga' on the finding that the land in respect whereof khas possession has been sought is unspecified and un-demarcated, that from the papers filed by the defendant Nos. 3 and 2 it is seen that the land of C.S. plots as mentioned her...... ...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ..Category: Property Law | Date: | Hits: 30
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....) Memo No. 4818 V.P. Dated 28-11-78. To: The Circle Officer (Rev), Tejgaon, Dacca. Sub: - Clearance Certificate for Mutation and Separation. Ref: - His Memo No. 598 dated 19.10.78. The relevant registers and records have been consulted with land it was found that the property in quest......ioner, Dacca. 28.11.78. 17. It further appears on 13.05.2004 the appellants filed an application praying for acceptance of supplementary paper book in the present appeals on the ground that the papers annexed there not being in the hands of the appellants at the time of preparation of paper bo......ppellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mrs. Saju Hosein..............Appellant (In Civil Appeal No. 129 of 2001) Mrs. Rani Begum and others.........Appellants (In Civil Appeal No. 130 of 2001) Vs. The Government of the Peop......ey have mutated their names but only Khorshed Ali and Md. Mohsin showed cause stating inter alia that they became owners of a portion of the case land by purchase by registered kabalas and produced documents showing purchase of 0.825 and 1650 acres of land and in the aforesaid circumstances S.D...Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ......ent and order dated 29th and 30th March, 2005 deserve interference by this court. 11. We have heard the learned Advocate for the petitioners, considered the Jail Petitions and the connected papers including the impugned judgment and order of the High Court Division. The High Court Di......l Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Md. Kabir Hossain ................Petitioner. (In Jail Petition No. 4 of 2007.) Nannu Miah and another...... Petitioners. (In Jail Petition No.6 of 2007.) Vs. The State..............al. There is therefore no cogent reason to interfere with the same. Accordingly, both the Jail Petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 628. ..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......ed. 12. We have heard Mr. Helal Uddin Mollah, learned Advocate appearing for the petitioners and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 13. It appears that the High Court Division considered that Minarul Islam...... Lawyers Involved: Helal Uddin Mollah, Advocate-For the Petitioners. Zahirul Hague Zahir, Deputy Attorney General-For the Respondent. Jail Petition for Leave to Appeal Nos. 07 and 08 of 2005 (From the judgment and order passed by the High Court Division in Death Refer......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ..Category: Criminal Law | Date: | Hits: 33
Shamsuddin Chowdhury and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....he land in suit and that they being in possession of the land which belongs to the Government and they having not paid rent required to be filed by the kind of person as the plaintiffs are the relevant authority has initiated the proceedings in question. In the said state of the matter we a...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Shamsuddin Chowdhury and others……………........Petitioners Vs. Government o...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 621. ..Category: Property Law | Date: | Hits: 19
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
...., 1924 and 1934 and also directed the appellate court to obtain the report of the Thumb Impression Expert as regards the thumb impressions appearing in the above mentioned documents and to call the relevant officials of the office of the Sub-registrar, Sadar, Dhaka, as court witness. 5. Le......r the appellants and Mr. Md. Nawab Ali, learned Advocate-on-record for respondent Nos.1-7 in Civil Appeal No.11 of 2003 and perused the judgment of the High Court Division and other connected papers. 7. The learned Counsels for the parties submit that the High Court Division com...... MLR (AD) 2006, 119. ...... the parties passed judgment but later on recalled the unsigned judgment and thereupon keeping the same reserved directed the appellate court to take additional evidence in respect of certain documents of the years 1923, 1924 and 1934 and also directed the appellate court to obtain the repo..Category: Property Law | Date: | Hits: 106
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ......he ship carried the contraband goods to Bangladesh in the four containers and the fact that the ship in question carried contraband goods having been proved beyond all reasonable doubt by the papers submitted by the appellants being Annexure A-1 and B to the supplementary affidavit-in-oppos...... Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Finance, Internal Resources Division, Segunbagicha, Dhaka and another……………………….........Appella......d 28.7.1993 passed by the High Court Division in Write Petition No. 316 of 1988 is set aside. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 611. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......very Act set aside the order of the Land Appeal Board and as a result there has been a miscarriage of Justice. 8. We have heard the learned Advocate for the petitioner and perused the connected papers. We are of the view that the High Court Division upon correct assessment of the materials on ...... Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Asaduzzaman.............................Petitioner Vs. Kazi Abdus Sabur and others.........Respondents Judgment September 24, 2007. Result: The petition is di......der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ..Category: Property Law | Date: | Hits: 31
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ......e impugned judgment and order. 4. We have heard Mr. Md.Waliul Islam, the learned Advocate-on-Record for the appellant and perused the judgment of the High Court Division and other connected papers. 5. He submits that from the plaint it is clear that the plaintiff has made specific ......hellip;….........Appellant Vs. Md. Abul Kashem & another ......................Respondents Judgment June 19, 2005. Case Referred to- Danish Ali and others Vs. Sakina Bai and others, 4 BLD (AD) 68. Lawyers Involved: Md. Waliul Is......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ..Category: Property Law | Date: | Hits: 71
Md. Aftab Uddin Vs. Kosimuddin and others, 2006, 35 CLC (AD)
....appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ...... purpose took Fuljan Bibi on 25th Magh, 1368 B.S.to Sailakupa and upon making representation that Fuljan Bibi's signature was necessary for her treatment took thumb impression on certain papers which were blank and upon using those papers the plaintiff had created the deed of gift, tha...... Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Aftab Uddin….....................Petitioner Vs. Kosimuddin and others .........Respondents Judgment August 24, 2006. Lawyers Involved: ......appeal. In that state of the matter we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 595. ..Category: Property Law | Date: | Hits: 24
Abdul Zakir Khondakar and others Vs. Bimal Kumar Kunda and others, 2007, 36 CLC (AD)
....t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ......en among the respondent No.1 and the co-sharers of the suit property the defendant respondent No.3, who is a man of the plaintiff, obtained signatures of the petitioner No.1 on some blank papers on the plea of settling the dispute and the respondent No.1 might have converted the same i...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Zakir Khondakar and others.............Petitioners Vs. Bimal Kumar Kunda and others ......Respondents......t out any infirmity of the kind calling for any interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 583. ..Category: Property Law | Date: | Hits: 26
Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)
....s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ...... hearing made the Rule absolute. 4. We have heard Mr. Md. Nawab Ali, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected papers. 5. The High Court Division held that an application under Order 9 Rule 13 of the Cod......nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1131 of 2005. (From the judgment and order dated 20.06.2005 passed by the High Court Division in Civil Revision No. 2384 of 1991). ......s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ..Category: Procedural Law | Date: | Hits: 91
Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)
....) and 1(b). 4. The petition under Order 41, Rule 21 of the Code of Civil Procedure was filed stating that the learned Advocate through whom the aforementioned appeal was obtained at the relevant time was elevated to the bench and that no notice under N-10 Form was served on the petit......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ......eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Noor Mohammad Biswas being dead his heirs 1. (a) Mst. Ayesha Begum and others ................Petitioners Vs. Surendra Nath Mondal being dead his heirs ......vision calling for interference by this Division. Accordingly the petition is dismissed with cost of Tk. 10, 000/-. Ed. This Case is also Reported in: V ADC (2008)578. ..Category: Property Law | Date: | Hits: 25
Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ......the appeal by the impugned judgment and order dated 23.08.2005 and hence this petition. 9. Heard the learned Advocate-on-Record and perused the judgment of the High Court Division and other papers oh record. 10. The learned Advocate-on-Record submits that the Administrative Ap......d: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1469 of 2005. (From the judgment and order dated 23.08.2005 passed by the Administrative Appellate Tribunal, Dhaka in Miscellaneous......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ..Category: Administrative Law | Date: | Hits: 90
Secretary, Rahmat-E-Alam Islam Mission & Etim Khana Vs. Md. Shafiqul Huq, 2006, 35 CLC (AD)
....ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ......petitioner in both the cases and Mr. Abdul Wadud Bhuiyan, the learned Counsel for respondent Nos. 1-10 in both the cases and perused the judgment of the High Court Division and other connected papers. 6. The High Court Division held that there is nothing on record to indicate that any......heirs: Captain Salauddin & others......... Respondents (In both the cases) Judgment August 31, 2006. Case Referred to- Munsur Ali Mallik Vs. Md. Nurul Haque Mallik and others, BCR 1986 (AD) 56. Lawyers Involved: Fazlul Haque, Advocate instructed by......ion. There is no cogent reason to interfere with the impugned judgment. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 569. ..Category: Property Law | Date: | Hits: 48
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
....s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ...... hearing discharged the Rule. 4. We have heard Mr. Abdul Halim Chaklader, the learned Counsel, for the petitioner and perused the judgment of the High Court Division and other connected papers. 5. It is on record that the trying Magistrate after hearing both the parties and per......ructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 271 of 2005. (From the judgment and order dated 12.03.2005 passed by the High Court Division in Criminal Miscellaneous Case No.665......s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ..Category: Criminal Law | Date: | Hits: 42
Md. Badiuzzaman Vs. Parvin Akhter Jahan & another, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 519. ...... the learned Advocate for the petitioner and Mr. Syed Mahbubur Rahman, the learned Advocate-on-Record for the respondent No.1 and perused the judgment of the High Court Division and other connected papers. 7. It appears that the plaintiff did not deny his signatures on the affidavit notari....... Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No.2. Civil Petition for Leave to Appeal No. 757 of 2005. (From the judgment and order dated 09.05.2005 passed by the High Court Division in F. A. No. 114 of 2000.) Judg...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 519. ..Category: Property Law | Date: | Hits: 20
N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)
.... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ......dul Islam the learned Counsels for the appellant and Mr. A. J. Mohammad Ali, the learned Attorney General for the respondents and perused the judgment of the High Court Division and other connected papers. 8. The learned Counsels for the appellant submitted that the appellant-company can n...... N.G. Shaha Steel Industries (Pvt.) Ltd.......................Appellant Vs. Customs, Excise VAT Appellate Tribunal, Dhaka and others.........Respondents Judgment May 15, 2005. Lawyers Involved: ...... facts and circumstances stated above, we find no merit in the appeal. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 507. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
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