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Amena Khatun Vs. Chairman, Court of Settlement and others, 2010, 39 CLC (AD)
....are the cases of Government of Bangladesh Vs. Jalil, 48 DLR (AD) 11, Hasina Khatun Vs. Bangladesh, 48 DLR (AD) 13 and Bangladesh Vs. Roushan Ara Begum, 57 DLR (AD) 167. 13. On consideration of the facts and circumstances of the matter, we are of the view that the learned Judges of the High Cour......ourt Appellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Muzammel Hossain J SK Sinha J Amena Khatun…………....Appellant Vs. Chairman, Court of Settlement and others.…………Respondents Judgment May 24, 2010. Cases Referred To- CQMH Md. Ay......turn, restoration or transfer of the building by the Government or by any officer or authority subordinate to it to any person. (2) The lists published under sub-section (1) shall be conclusive evidence of the fact that the buildings included therein are abandoned property and have vested in t..Category: Property Law | Date: | Hits: 65
Sultana Begum and others Vs. Government of Bangladesh, 2002, 31 CLC (HCD)
....per report Annexure‑1 series to the affidavit-in-opposition which has not been controverted by the petitioner in any way. In the circumstances the impugned notification which is based on material facts required by law cannot be declared illegal and without any awful authority which has been done...... This Case is also Reported in: 55 DLR (2003) 190. ......esult the Rule is discharged; without any order as to cost. The order of the day passed at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 190. ..Category: Election Law | Date: | Hits: 85
State Vs. Alal Mia and others, 2010, 39 CLC (AD)
....rule of law as well as Administration of justice. As such, there found no reasons to accept the testimony of P.W.'s 10, 12 and 16 in the case in hand. 9. The High Court Division, considering the facts and circumstances, evidence both oral and circumstantial, provisions of law and the decision a......ammel Hossain J Surendra Kumar Sinha J The State……………….........Petitioner (In both the cases) Vs. Alal Mia…...Respondent (In Criminal Petition No. 245 of 2009) Kamal Miah and another..........Respondent (In Criminal Petition No. 246 of 2009) Judgment April 4, 2010.......ge against the accused persons have been proved by cogent and probable witnesses. The learned Deputy Attorney General further submitted that the High Court Division erred in law in disbelieving the evidence of P.W.'s 2, 3 and 4 implicating the accused persons for some flimsy grounds not supported ..Category: Criminal Law | Date: | Hits: 46
Md. Ayub Ali and others Vs. Isa Mandal and others, 2010, 39 CLC (AD)
....r for pre-emption, thus, restoring the judgment and order dated 31.01.2000 passed by the Assistant Judge, Belkuchi, Sirajganj dismissing the Pre-emption Miscellaneous Case No. 21 of 1996. 2. The facts involved in the case, in short, are that the pre-emptors are the co-sharers by purchase in the...... Reported in: VII ADC (2010) 1006.......ow that those 3 persons had transferred their interest. The pre-emptee took objection specifically in the written objection as to non-joinder of necessary parties and the same is supported by the evidence but the pre-emptor did not take any step to cure the said defects in such circumstances. ..Category: Property Law | Date: | Hits: 39
Abdul Jalil Molla and others Vs. Mahtab Uddin Biswas, 2009, 38 CLC (AD)
...., the Appellate Court rightly disbelieved the said forged deed but the High Court Division erred in law in disagreeing with the findings of fact arrived at by the Appellate Court, the last Court of facts. 7. We have heard the learned Advocate for the petitioners, perused the judgment and order ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Abdul Jalil Molla and others…........Petitioners (In both the cases) Vs. Mahtab Uddin Biswas being dead his he......ne Indra Bhusan, the admitted original owner. But he was unable to produce the original deed and submitted only a certified copy of the same. This was not accepted by the Appellate Court as secondary evidence. 9. The High Court Division found that the defendant in Title Suit No. 301 of 1976, call..Category: Property Law | Date: | Hits: 46
Bazal Hoq and others Vs. Sayedul Hoq and others, 2010, 39 CLC (AD)
....ge, Lakshmipur allowing the appeal in modification arising out of those dated 31.07.1990 passed by the Assistant Judge, Lakshmipur Upazila in Title Suit No. 4 of 1983 by decreeing the suit. 2. The facts involved in the case, in short, are that the plaintiff stated that Tanu Miah was the recorded ......also Reported in: VII ADC (2010) 998.......submitted that the Court of Appeal below and the High Court Division committed an error of law resulting error in the decision occasioning failure of justice in overlooking the oral and documentary evidence on record proving their case and observing, inter alia, that that the defendant Nos.1, 3-4 ..Category: Property Law | Date: | Hits: 47
....rected against the judgment and order dated the 27th day of January, 2008 passed by the High Court Division in Writ Petition No. 359 of 2008 summarily rejecting the aforesaid writ petition.
2. The facts involved in the case, in short, are that the writ-petitioner took loan from the respondent No....... Abdul Matin J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
M/S. Hamida Oil Mills, Proprietor Bhaiya Oil Mills Ltd…….....Petitioner
Vs.
The Agrani Bank Ltd. and others.……………………………........Respondents
Judgment
March 15, 2010.
La...... the above, we find no substance in the submissions of the learned Counsel for the petitioner.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 995...
Category: Banking Law | Date: | Hits: 191
....o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991.......sion
(Civil)
Present:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Surendra Kumar Sinha J
M/s. Bangladesh Catfish Limited and others ……………......Petitioners
Vs.
Sunny Fish Agency and Trading and others ........... the plaintiff. These defendants never took the plea that they paid back the money due to plaintiff against such supply of fish feed to them. Mr. Shamim Khaled also failed to show by referring to the evidence on record that the finding of the learned Joint District Judge as to the liabilities of d..
Category: Civil Law | Date: | Hits: 96
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....and Abdul Barek Chowdhury, Md. Shamsul Hoq Sarker, Advocates—For Respondent Nos. 1 and 2. Aminul Hoque, Advocate—For Respondent No. 3. Matter No. 11 of 2001. Judgment KM Hasan J.- The facts, as stated in the petition, are that the respondent No. 1, Base Textile Limited, a private lim......) 3 SCC 333. Lawyers Involved: Syed Ishtiaq Ahmed with Rokanuddin Mahmud, Sheikh Hassan Ariff, Mubina Asar Rahman, Advocates— For the Petitioner. Dr. M Zahir with M Hafizullah, SK Siddique and Abdul Barek Chowdhury, Md. Shamsul Hoq Sarker, Advocates—For Respondent Nos. 1 and 2. Aminu......t as the Managing Director of the Company. 23. He then contends that the allegations of forgery are vague and have no factual basis. This Court in its summary jurisdiction should not take complete evidence to resolve the dispute. 24. He has further submitted that this Court may look into the a..Category: Company Law | Date: | Hits: 247
Md. Kamal and another Vs. State, 2010, 39 CLC (AD)
....and order dated 14.10.2009 passed by the Appellate Division in Criminal Petition Nos. 134-135 of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 988.......vocate-on-Record-For the Petitioner (In both the cases) Not represented- the Respondent (In both the cases) Criminal Review Petition for Leave to Appeal Nos. 3-4 of 2010. (From the judgment and order dated the 14th day of October, 2009 passed by the Appellate Division in Criminal Petition ......m when they pleaded their innocence and claimed to be tried. 6. Prosecution in order to prove the charge brought against the accused-persons examined 11witnesses. On the close of the prosecution evidence the prosecution examined the accused, persons under section 342 of the Code of Criminal P..Category: Criminal Law | Date: | Hits: 54
State and Others Vs. Abdul Kader @ Mobail Kader and others, 2010, 39 CLC (AD)
....e Baban Khan of East Madiny Mondal, 41/1, Purana Paltan, P.S. Motijheel, Dhaka are directed to surrender forthwith before the Court below. Ed. This Case is also Reported in: VII ADC (2010) 984.......aur Rahman..........Petitioner (In Criminal Petition No. 32 of 2009) Vs. Abdul Kader @ Mobail Kader…………........Respondent (In Criminal Petition No. 193 of 2008) Abdur Razzak Khan @ Thandu...............Respondent (In Criminal Petition No. 194 of 2008) The State........................do not suffer from any inherent improbability and the defence failed to impeach the credit of the suit witnesses in cross-examination but the High Court Division failed to put any reliance on their evidence; that the statement of a co-conspirator is admissible against the whole body of conspirator..Category: Criminal Law | Date: | Hits: 46
....out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk.2000/- each, in default, to suffer simple imprisonment for 15 days.
2. The facts which led to the contempt petition, inter alia, are that the respondent is a sponsor sharehold......
Appellate Division
(Criminal)
Present:
Syed JR Mudassir Husain CJ
Mohammad Fazlul Karim J
Amirul Kabir Chowdhury J
Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another ............Appellants
Vs.
Akhtaruzzaman Chowdhury…………….....Respondents ......19.7.2003 asking the contemner-appellant No.1 to make necessary arrangements for holding the AGM of the Bank within the time fixed by this Court and to do the needful for holding the meeting which is evidenced by Annexure-X to the Contempt Petition. It appears that in spite of that request no steps ..
Category: Criminal Law | Date: | Hits: 60
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
.... Division Bench of the High Court Division in Criminal Miscellaneous Case No. 21228 of 2008 summarily rejecting the application filed under section 561A of the Code of Criminal Procedure. 2. Short facts alleged in the complaint is that the case land belonged to the respondent No.2's father who ......ohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Syed Amir Hossain..........................Petitioner Vs. The State and another……………………....Respondents Judgment April 12, 2010. Case Referred T......t, as the case may be, within the ambit of section 464 of the Penal Code. He further submits that the findings of the High Court Division that the disputed deed's "genuiness may be challenged and evidence may be led to rebut its legal presumption under section 90 of the Evidence Act" is based on..Category: Criminal Law | Date: | Hits: 54
....etitions for leave to appeal are directed against the judgment and decree dated 09.04.2009 passed by the High Court Division in Appeal from Original Decree Nos. 439 of 2003 and 142 of 2004.
2. The facts, in short, are that the plaintiff filed the suit for declaration of title and mandatory injunc......mad Fazlul Karim J
Md. Abdul Matin J
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Government of People's Republic of Bangladesh represented by the Deputy Commissioner of Bogra and others...................Petitioners (In both cases)
Vs.
Mohammad Alamgir Hossain and othe......eals and affirming the judgment and decree of the trial Court.
We find no substance in these petitions which are accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 968...
Category: Property Law | Date: | Hits: 44
Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)
....the High Court Division in First Miscellaneous Appeal No. 395 of 2008 affirming the order dated 06.11.2008 passed by the learned Joint District Judge, Sariatpur in Title Suit No.21 of 2008. 2. The facts, in short, are that the respondent Nos. 1 and 2 as plaintiffs filed Title Suit No. 21 of 200......ellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Idris Mir Malat………………………… Petitioner Vs. Nitya Gopal Paul and others .......Respondents Judgment January 17, 2010. Lawyers Involved: Md. Nurul Ami......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ..Category: Property Law | Date: | Hits: 44
....2004 and the subsequent Order No. 59 dated 22.09.2008 passed by the learned Judge, Artha Rin Adalat No. 2, Dhaka in Artha Zari Case No. 325 of 2004 arising out of Title Suit No.195 of 1999.
2. The facts, in short, are that on 04.06.1997 the respondent No.2 as plaintiff instituted title suit being......esent:
Mohammad Fazlul Karim CJ
Md. Abdul Matin J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
M/s. Aimon Electrical Industries, Proprietor, Md. Delowar Hossain and another.....Petitioners
Vs.
Judge, Artha Rin Adalat, 2nd Court at Dhaka and others …........t. Therefore the High Court Division rightly discharged the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 964.
..
Category: Civil Law | Date: | Hits: 96
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....itnesses of the plaintiffs at least since 20.12.1986 when electricity bill in the name of the defendants in respect of the shop room standing on the suit land have been paid and also in view of the facts that the tube-well on the suit land has been installed in 1981. The suit was filed in the year......r the Petitioners. Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hug, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 725 of 2009. (From the judgment and order dated 16.02.2009 passed by the High Court Division in Civil Revision No.885 of 2004.) J......ষ তাহার প্রার্থীত মতে প্রতিকার পাইতে পারে কিনা? 5. The learned Assistant Judge on consideration of the materials and evidence on record dismissed the suit holding that the suit was barred by limitation and the plainti..Category: Property Law | Date: | Hits: 51
Dr. Qazi Faruque Ahmed Vs. Mahbub-ul Karim and others, 2010, 39 CLC (AD)
.... the High Court Division in Writ Petition No. 393 of 2010 directing the respondent Nos. 4 and 5 to hand over the keys of the 'Proshika Bhaban' Mirpur to the petitioner of the writ petition. 2. The facts involved in the case, in short, are that on 24.05.2009 the petitioner-respondent and seven oth...... Division (Civil) Present: Mohammad Fazlul Karim CJ Bijan Kumar Das J Md. Muzammel Hossain J Dr. Qazi Faruque Ahmed………………….......Petitioner Vs. Mahbub-ul Karim and others...................Respondents. Judgment March 3, 2010. Lawyers Involved: Ro......f paper books is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955...Category: Civil Law | Date: | Hits: 103
....l is directed against order dated 05.05.2009 passed by the High Court Division in Writ Petition No. 2915 of 2009 disposing the writ petition summarily with an observation and direction.
2. The facts, in short, are that the writ petitioner-respondent No. 1 filed the Writ Petition No. 2915 of 2......ynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
Md. Muzammel Hossain J
Dhaka City Corporation, Nagar Bhaban, P.S.-Ramna, Dhaka…………..Petitioner
Vs.
G. M. Mustafizur Rahman and others ………….........Respondents
Judgment
November 22, 2009.
Lawyers Involved:
...... accordingly the leave petition is dismissed without prejudice to the earlier orders passed by the High Court Division and this Division.
Ed.
This Case is also Reported in: VII ADC (2010) 953. ..
Category: Property Law | Date: | Hits: 55
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
....for Leave to Appeal No.1780 of 2008 is directed against the judgment and order dated 22.01.2008 passed by the High Court Division in Writ Petition No. 2766 of 2006 making the Rule absolute. 2. The facts, in short, are that the petitioner is a law abiding citizen of Bangladesh. He is also the elec......vil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Bangladesh Parjatan Corporation, represented by its Chairman, Setu Bhaban, Airport Road, Dhaka and others……………..Petitioners (In both cases) Vs. Md. Ali Hossain & another……......r book is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ..Category: Employment/Service Law | Date: | Hits: 95
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