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Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)

....5.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......xclusive pos­session of the property by cultivation. The plaintiff who is a simple village folk was in expectation that the land will be record­ed in his name the plaintiff-respondent for the first time in 1378 B.S. equivalent to 1971 came to learn that the suit property has been wrongly recorded ......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505.......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505...

Category: Property Law | Date: | Hits: 23

Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)

....correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499.......er preferred Civil Revision No.680 of 1976 and the High Court Division by judgment and order dated 24.6.1986 made the rule absolute and allotted 4 annas saham to the defen­dant Nos.8-16. In the mean time, the plaintiff No.1 died and the plaintiff No.2 being the legal heir of plaintiff No.1 prayed f...... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499....... on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 499...

Category: Property Law | Date: | Hits: 17

Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)

....n the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......dition amongst others that the writ petitioner would be liable to pay penal interest in addition to the normal interest chargeable on the loan obtained by it if it would fail to repay the loan in due time. Since the writ-petitioner could not repay the loan in due time the respondent No.4 instituted ......we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ......we find no sub­stance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ..

Category: Banking Law | Date: | Hits: 95

Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)

....suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......laintiffs claim them­selves as reversioner of Kalicharan hus­band of Tanti Bewa and filed the instant Title Suit No.129 of 1995 as reversioner the prayer for challenge the patta dated 16.03.1932 is time barred under provision of Hindu Law and as such the impugned judgment and order is illegal. ......judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......judicata in the instant suit, and the trial Court, if the ques­tion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ..

Category: Procedural Law | Date: | Hits: 95

Jalalabad Co-opera­tive Housing Society Ltd. and another Vs. Mosammat Roushan Jahan and others, 2010, 39 CLC (AD)

.... Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486.......learned Advocate lost those deeds from his chamber. In course of his evi­dence D.W.1 stated that the original deeds were destroyed in the Sub-Registrar's office as they could not procure the same in time and again he said that the docu­ments were lost in 1985. He made two dif­ferent versions in C......learned Subordinate Judge, 3rd Court, Chittagong. 2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirmation of posses­sion upon declaration of title over 1.91 acres of land and for recovery of khas pos­session after eviction and also for perma­nent injunction restraining the def......order passed by the High Court Division and thus do not find any substance in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 486...

Category: Property Law | Date: | Hits: 38

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....e and restored those 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) 484.......ernment authority and received receipts for the same. His name is also recorded in the Municipal record. He paid holding tax. Amiruddin Ostagar owned and possessed the suit property openly for a long time to the exclusion of others. He died leaving behind the plaintiff-respondent the peti­tioner he......llate judgment and decree and restored those 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) 484.......llate judgment and decree and restored those 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) 484...

Category: Property Law | Date: | Hits: 24

Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)

....,000/- is to be deposit­ed within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481........ The facts, in short, are that the petition­er lodged a Complaint Case being No.5 of 1996 before the Chairman, Second Labour Court, Dhaka contending, inter-alia, that he joined the corporation as a time keeper in the 1st week of March, 1983 and had been working very sincerely with devo­tion to du......ay. Security of Tk. 1,000/- is to be deposit­ed within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481.......ay. Security of Tk. 1,000/- is to be deposit­ed within 1(one) month. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 481...

Category: Labour and Industrial Law | Date: | Hits: 79

Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)

....inding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478.......ppeal No.239 of 1987 was heard by the learned Subordinate Judge, Court No.2, Jessore who in his judgment and decree dated 30.10.1996 dismissed the appeal and decreed the suit in full and also granted recovery of khas possession by evicting katcha huts of defendant Nos.1, 6 and 7. 7. As against th......by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 478...

Category: Property Law | Date: | Hits: 27

Md. Yusuf Chowdhury Vs. Administration of Waqf of No. 4, New Eskaton Road, Ramna, Dhaka-1000, 2009, 38 CLC (AD)

....d no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......two) sons and 3(three) daughters through his second wife, namely (a) Abul Hossen Chowdhury, (b) Ekhlasur Rahman Chowdhury, (c) Mazuma Khatun, (d) Rowshan Jamal and (e) Tahmina Khatun. During the life time of Wakif, his daughter Tahmina Khatun died before marriage. The Wakif Tofazzal Ali Chowdhury to......h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474.......h Court Division com­mitted no illegality in discharging the Rule. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 474...

Category: Trust/Waqf Law | Date: | Hits: 185

Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)

....­stance 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) 459. ...... and inventing, designing, developing, manu­facturing, assembling, exporting and importing any telecommunication prod­ucts, equipments or services. 3. It is stated in the application that at the time the Company was incorporated the original shareholders of Company were as follows: ......a sum of TK. 19,98,155.13 to Eastern Bank Limited which prompted the Bank to file a suit being Artha Rin Suit No.219 of 2006 before the Artha Rin Adalat No.3, Dhaka against the Company and others for recovery of the said amount. In the mean­time the nationwide ISP licence of the Company expired on ......he 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) 459. ..

Category: Company Law | Date: | Hits: 197

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....ettlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......ed earlier became ineffective. Thereafter, the writ-petitioner filed application to the Secretary, Ministry of Works for releasing the property which was enlisted as Abandoned Property but in the meantime the petitioner was evicted from the case property. The petitioner then moved the Court of Settl......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179..

Category: Property Law | Date: | Hits: 24

Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)

.... is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......of the writ petition which should be disposed of after giving sufficient opportunity of hearing to the writ petitioner but the petitioner got no chance of hearing on merit of the writ petition at the time of hearing of applica­tion for restoration which is against the principle of natural justice a......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ..

Category: Election Law | Date: | Hits: 92

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

....it of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......t Division, however, on consideration sub-rule(7) of rule 15 of the দুর্নীতি দমন বিধিমলা,২০০৭ (the Rules) held that sanction is required to be filed at the time of institution of the case (মামলা দায়েরের ক্ষেত্রে) on ......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ......dy been acquitted on merit of the case as is in this case. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 290, VIII ADC (2011) 78. ..

Category: Anti-Corruption Laws | Date: | Hits: 231

Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)

.... matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......ause of their possession in other non-disputed land in the same kahtian. During the Bangladesh settlement the total land of the suit plot No.1350 prepared in the name of plaintiff Abdul Kader. At the time of survey in the locality when the plaintiff had been consulting his papers found that in the s......g to plot No.1350 settlement khatian No.123 under Baishgaon Mouja. Thereafter by filing an amendment petition dated 02.05.1999 the plaintiff petitioners added a prayer vide order dated 26.05.1999 for recovery of khas possession for 9½ decimals of the northern portion out of the said 2nd schedule as...... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Dr. Mohiuddin Farooque Vs. Bangladesh & others, 2001, 30 CLC (HCD)

.... Dr. Mohiuddin Farooque...Petitioner Vs. Government of Bangladesh and others... Respondents. Order June 23, 2001. Lawyers Involved: Syeda Rezwana Hasan with M. Iqbal Kabir, Advocates-For the Petitioner Mustafa Zaman Islam, Deputy Attorney General-For the respondents. Writ...... a river, but has become a large drain. 4. Under such painful circumstances, we brought the matter again in our daily cause list and heard the respondent no. 4 and also the petitioner. In the meantime, two further affidavits, sworn on 3.6.2009 and 23.6.2009, are filed on behalf of the petitioner......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......n 30.7.2010. In the meantime, if any of the respondents feel it necessary for further direction, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ..

Category: Environmental Law | Date: | Hits: 279

Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Mohiuddin Farooque, Secretary General, Bangladesh Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environ......stitutional remedies, is a cause of an indeterminate number of people in respect of a subject matter of public concern and it appears, on the face of the writ petition itself, that it has devoted its time, energy and resources to the alleged ill-effects of FAP-20, it is acting bona fide and that it ......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......enabling them to take necessary steps in this regard immediately. A copy also be forwarded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ..

Category: Environmental Law | Date: | Hits: 345

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

....e is also Reported in: 16 MLR (AD) (2011) 233.......rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside. Office is directed to communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233.......05. 2. Material facts are that on 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of Senior Assistant Judge, Gazipur against defendants for declaration of title and recovery of khas possession in suit land. 3. In suit, on 20-09-2007 one Md. Shafiul Alam and fiv......rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside. Office is directed to communicate the at once. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 233...

Category: Property Law | Date: | Hits: 27

Abul Hossain Vs. State, 2008, 37 CLC (AD)

....none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134.......th his 2nd wife at the evil advice of his first wife. 5. Since the victim did not leave her hus­band's house of her own accord accused per­sons murdered the victim Maya by strangula­tion at any time of night on 12-04-2001 and then the dead body was suspended with a branch of mango tree behind ...... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134....... justified in holding that none other than the petitioner killed her. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 134...

Category: Criminal Law | Date: | Hits: 45

Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)

....hem after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ....... The compensation of the acquired land was paid to the original owners in accordance with law. After completion of earthwork, some portion of the acquired land is being used as stack yard for a long time. The requiring body made improvement of the acquired land by earth filling and by construct­in......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ......ion money if deposited by them after de-requisition order dated 21-09-1964 illegally issued by the concerned officer, if not already withdrawn. This Case is also Reported in: 7 LG (AD) (2010) 127. ..

Category: Property Law | Date: | Hits: 23

Captain (Md) Lutfar Rahman Vs. Md. Abu Taher and others, 2000, 29 CLC (HCD)

.... Ali and another Vs. Aftauddin and others, 47 DLR 607 & Shafi Khan Vs. Mannujan Hossain and others, 35 DLR (AD) 225. Lawyers Involved: Redwanul Bari with Mihir Kanti Majumder, Advocates — For the Appellant. MA Jalil, Advocate — For the Respondents. First Miscell......contended that the disputed sales were not sales proper but these were conditional sales with agreement for re-conveyance of the same to the vendors on receipt of the sale money within the stipulated time. It has been also contended by the opposite parties that the case land has already been re-conv......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ......92 of the 2nd Court of Subordinate Judge, Chittagong for pre-emption is allowed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 193. ..

Category: Property Law | Date: | Hits: 22