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Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....ition for Leave to Appeal is directed against the judgment and order dated the 28th day of May, 2009 passed by the High Court Division in Writ Petition No.4716 of 2005 discharging the Rule. 2. The facts involved in the case, in short, are that the petitioner was appointed as Nikah Registrar for M......in J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Motalib………………………....Petitioner Vs. Bangladesh, repreÂsented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others………...................Respondents Judgment April 21......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ..Category: Civil Law | Date: | Hits: 111
Sayed and othÂers Vs. State, 2009, 38 CLC (AD)
....whom the trial Court has heaviÂly relied in convicting the appellants; that the deposition of these witnesses in Court is an embellishment and concoction as these witnesses did not state these vital facts at the time of investigation. The learned Counsel also submitted that there was no injury on t......lso Reported in: VII ADC (2010) 830. ......ats, examÂined the witnesses under Section 161 of the Code of Criminal Procedure. He also seized the alleged guns with the license together with the used and unused cartridges. Then on recording the evidences he submitted charge sheet against the convicts along with other accused under Sections 147..Category: Criminal Law | Date: | Hits: 26
Category: Property Law | Date: | Hits: 41
Category: Civil Law | Date: | Hits: 75
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
.... above, we find no subÂstance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 815. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Rabeya Khatun being dead her heirs; Md. Harun-Or-Rashid Talukder and others ….....Petitioners Vs. Sheikh Ashraful Islam and others……………........Resp......Appeal and Revision; that the learned appellate Court below having found that Sarat Chandra gave pattan orally to his one son Ramesh Chandra the whole suit land area 59 decimal has not been proved by evidence and that only a recital in the subsequent deed dated 15.10.1946 is not sufficient to prove ..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... is directed against the judgment and order dated the 11th day of February, 2008 passed by the High Court Division in Writ Petition No. 2004 of 2008 summarily rejecting the writ petiÂtion. 2. The facts involved in the facts, in short, are that the lands described in the 11 (eleven) award notices......vision (Civil) Present: Mohammad Fazlul Karim J Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Ismail Miah………………………………....Petitioner Vs. Bangladesh and others…………………Respondents Judgment June 21, 2009. Lawyers Involved: A....... sales of the land of the area assessed the compensation only in terms of the lowest sale value of the area which is available on record and there is no necessity to enquire into the matter by way of evidence; that the writ petition involved a disputed quesÂtion of facts is not correct at all, rath..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....aneous Appeal No. 287 of 1993 affirming those of the Assistant Judge, Court No.2 at Dhaka dated 25-7-93 in Act VIII Case No. 100 of 1989 in appointing the mother as guardian of the minor. 2. Short facts for disposal of the Rule are that, opposite party No.1 made an application before aforesaid As...... Case is also Reported in: 54 DLR (2002) 519. ......med, Order of status quo as was directed at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 519. ..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....nd. 3. Mr. Abdul Wadud Bhuiyan, learned Senior Counsel, read the plaint, application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of tempora...... also Reported in: 54 DLR (2002) 515.......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....ese powers are not one alternative to the other. Nor is the appellate Court at liberty to choose a particular form of power to suit its mood at a particular point of time or in a particular case. The facts and circumstances of a case will dictate to it the particular form of the power and the functi......l Mannan & another…………………………….Respondents Judgment November 28, 2001. Cases Referred- Promotha Nath Mazumdar vs. Nagendra Nath Mazumdar 33 CWN 1211; Abdus Samad and others vs. Md. Sohrab and others, 1981 BLD (AD) 77. Lawyers Involved: M Enayetur Rahim, A......ion Miscellaneous Case, ranked equal to the pre-emptor-petitioner and so were not the necessary parties. He also concluded that the case was not barred by limitation. He did so, relying solely on the evidence of Mannan and completely ignoring, for apparent reason, the evidence to the contrary tender..Category: Property Law | Date: | Hits: 37
Category: Procedural Law | Date: | Hits: 60
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
.... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502....... is also Reported in: 54 DLR (2002) 502.......ppellants and the same was read over to them to which they pleaded not guilty and claimed to be tried. 5. Prosecution examined 7(seven) PWs and defence none. 6. After closing of the prosecution evidence the appellants were examined under section 342 CrPC to which they pleaded innocence and dec..Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
....t Judges, Serajganj in Miscellaneous Appeal No. 37 of 1997 upholding those of the Senior Assistant Judge, Ullapara, Serajganj, in the above stated preemption case passed on 10-7-1997. 2. Essential facts for disposal of this Rule are that the petitioner or Aumullaya Chandra Haldar filed the afores......cate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ...... such knowledge and consent of the co-sharer petitioner the sale deed was executed and registered showing lesser amount of consideration than actually paid. 4. The learned Assistant Judge recorded evidence of 3 witnesses for the petitioner and 6 witnesses of the opposite party No.1 and after hear..Category: Procedural Law | Date: | Hits: 75
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
....e Auto Equipment Limited has been made against the order dated 4-7-1999 made by the Taxes Appellate Tribunal, Division Bench 2, Dhaka. This reference is relating to assessment year 1993-94. 2. The facts, in brief, are that the assessee-applicant is a company incorporated under Companies Act, 1913......ribunal, Division Bench 2, Dhaka. This reference is relating to assessment year 1993-94. 2. The facts, in brief, are that the assessee-applicant is a company incorporated under Companies Act, 1913 and engaged in business selling insecticide and tubewell parts. The assessee filed income tax return...... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496...Category: Fiscal/Taxation Law | Date: | Hits: 69
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....26 of 1957) is thus set aside and the appellant be released from the bail bond. Send down the lower Court Record to the court concerned. Ed. This Case is also Reported in: 54 DLR (2002) 489. ......¦â€¦Appellant Vs. State…….. Respondent Judgment December 11, 2001. Cases Referred To- Tarique Rahman vs. Director General Bureau of Anti-Corruption, Government of Bangladesh and others 52 DLR 518; Mustafizur Rahman and 3 others vs. DG Anti-Corruption & others 49 DLR 599......om the side of the defence. Since the appellant was found absconding at the time of trial examination under section 342 of the Code of Criminal Procedure could not be done. Then after considering the evidence on record the trial Court found the appellant guilty under section 4(2) (Ka) of Act 26 of 1..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....l submits that in the revision application neither orders dated 29-8-2001 and 9-9-2001 rejecting the repeated prayers for stay or injunction were neither mentioned nor full and fair disclosure of the facts and circumstances leading the revision application made. By misleading as to the record and al......s Case is also Reported in: 54 DLR (2002) 485. ......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
....h in Office Diary No.5060 dated 05.02.1989 in relation to E. C. No. 4474 deciding the case property to be waqf property of Tariqullah Biswas waqf Estate, Hazi Mohammad Mohsin Road, Jessore. 2. The facts, in short, are that the case property belongs to the petitioners and respondent No.31 whose pr......inur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mst. Nurjahan Begum being dead her heirs A.B.M. Tosaddeque Hossain also died his heirs A.K.M. Zakir Hossain and others...........................Petitioners Vs. Administrator of Waqfs and others..............ain to Nurjahan Begum, the predecessor of the petitioner. Therefore we find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 518. ..Category: Trust/Waqf Law | Date: | Hits: 183
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
....prehended that 18.98 kathas of land in reference includes the 1.68 acres of land allotted for lease in favour of the respondent Hazrat Baku Shah Hawkers Market Somabaya Samity Limited. 3. Admitted facts are that the Government-respondent confirmed the allotment of 1.68 acres of land at Nilkhet wi......e Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Secretary, Ministry of Land, Government of Bangladesh, Dhaka and others........Appellants (In both the appeals). Vs. H......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505...Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
.... Appeal No.162 of 2007 dismissing the appeal and upholding the Judgment and decree dated 17.07.2007 passed by the Joint District Judge, First Court, Narayanganj in Title Suit No.70 of 2004. 2. The facts, in short, are that the Respondent No.1 as the plaintiff filed before the Court of 1st Joint D...... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mohar Ali Bhuiyan...............................Petitioner Vs. Michir Ali Bhuiyan and others.......................Respondents Judgment May 16, 2010. Lawyers Involved: Kh......court and the said suit was decreed on compromise by judgment and decree dated 24.08.1998 and all the parties willfully and consciously executed the solehnama in the said suit. Defendant No.1 adduced evidence in the Court in support of solehnama. Later on, plaintiff at the ill advise of some interes..Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
.... in Title Appeal No. 327 of 2005 dismissing the appeal affirming those dated 11.10.2005 passed by the Senior Assistant Judge, Sadar, Comilla in Title Suit No.184 of 2000 decreeing the suit. 2. The facts involved in the case, in short, are that the suit land appertaining to C.R. Khatian No. 3 orig...... Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1515 of 2009. (From the judgment and order dated the 20th day of May, 2009 passed by the High Court Division in Civil Revision No.474......y, learned Advocate, appearing for the petitioner submitted that the impugned judgment and order of the High Court Division are bad in law and fact for its total non-conÂsideration and misreading of evidence and misinterpretation of law points in a suit for specific performance of contract where th..Category: Property Law | Date: | Hits: 42