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Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)

....the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......er dakhilas and said Wahab Ali erect­ed dwelling house over plot No.784 and used to live there with family and in other plots used to cultivate and grow different crops and in this way S.A. and R.S. record were prepared in the name of Wahab Ali; that in the said records his name entered wrongly wit......the above, we find no sub­stance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467...

Category: Property Law | Date: | Hits: 91

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

....tion the Company created a first floating charge over all movable assets both present and future including all plant, machineries and equipments, stocks of raw materials, work in progress, fin­ished goods, stock in transit, receivables and all documents of title, all insurance and proceeds of insur......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. ......ty two thousand) shares i.e. 66% of the total shareholding in the Company. The Company was incorporated in the year 2000 with the objects, inter alia, of carrying on business as owner, proprietor and service provider in software develop­ment, telecommunications and all types of information communic..

Category: Company Law | Date: | Hits: 197

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

....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...... Krista Mohan Das having 8 annas share which he transferred to respondent-writ-petitioner by registered kabala with delivery of possession. While purchaser Abdur Rahman was in possession the same was recorded in his name during S.A. operation in S.A. Khatian No. 194 and S.A. Plot No.772. Abdur Rahma......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)

....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. ......nd Mr. A. S. Moniruzzaman, learned Assistant Attorney General appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 12. The learned Counsel submits that the High Court Division committed error of law in no......hich may include functions relating to- (a) Administration and the work of public officer; (b) The maintenance of public order; (c) The relating to implementation of plans relating to public services and economic and economic develop­ment." 6. In view of the provisions of Article 59(1) ..

Category: Election Law | Date: | Hits: 92

Anti-Corruption Commi­ssion Vs. Nargis Begum & others, 2009, 38 CLC (AD)

....e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279.   ......ioner has already complied with the order by declaring the assets which on investigation has shown prima facie ingredients of the offence for indictment of the peti­tioner. 9. It appears from the record that the petition­ers are individual tax-payers under separate tax identification numbers. N......ts. In the absence of any statement of assets; there was no scope for him to submit any explanation for acquisition of assets. No citizen could be assigned for such a severe offence in the absence of service of any notice or order for explaining the source of income. Offence of abet­ment under sect..

Category: Anti-Corruption Laws | Date: | Hits: 168

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

....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. .......2007. On 06.03.2007, a first information report was lodged against the respondent no. 1, narrating various allegations of acquiring movable and immovable properties by abuse of power, and a case was recorded under sections 26 and 27 of the Act, section 409 of the Penal Code, Section 5(2) of Act II ......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)

.... 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: ......o.1351 i.e. total 34 decimals in his absolute saham. But 19 decimals of land from plot No.1350 described in the 2nd schedule remained in ejamli possession of both the brothers, accordingly subsequent record has been prepared. After district settlement by amicable settlement Ashraf Ali got the 9½ de...... 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

Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)

....ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ......her-e-Bangla Nagar, Dhaka committing error of law. 7. We have heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. The learned Advocate submits that the grounds set forth in the writ petition being und......ith as prayed for. Order of the High Court Division dated 11th November, 2007 passed in Writ Petition No.9613 of 2007 is stayed till hearing of the appeal. Ed. This Case is also Reported in: ..

Category: Anti-Corruption Laws | Date: | Hits: 159

Titas Gas Transmission and Distribution Company Limited Vs. Messrs Ashraf Ali Limes, Proprietor Md. Helaluddin and others, 2008, 37 CLC (AD)

....is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......oner has preferred this petition for leave to appeal. 17. We have heard learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 18. Mr. Moinul Hosine, learned Counsel appearing for the petitioner submits that impugned......is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 82

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

....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. ......proach this Court for directions as and when necessary so that the objectives of the Act can be achieved effectively and satisfactorily. 50. Before parting with the case, we would like to place on record our deep appreciation for BELA and its members for their tireless, sincere and commendable se......ws: “21. (1) It is the duty of every citizen to observe the Constitution and the laws, to maintain discipline, to perform public duties and to protect public property. (2) Every person in the service of the Republic has a duty to strive at all times to serve the people.”(under-linings are ..

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)

....f the case. So, the grounds urged and contentions advanced by learned Counsel for petitioners are correct expositions of law and facts. So, the legal pleas taken by him prevails and appears to have a good deal of force. On the contrary I failed to discover any merit in the submissions advanced by le......an not apply under Or. I, r. 10(2) C. P. Code to be impleaded as a party to the suit”. 8. The learned Advocate lastly submits that the Court of revision below after considering the materials on record and provisions of law rightly allowed the revision which calls for no interference by this Co......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)

.... 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.......2/201/34 of the Penal Code. Thereafter, said Mr. Humayan Kabir took up the investigation of the case, visited the place of occurrence, drew the map, prepared index, arrested the accused appellant and recorded the statement of the witnesses under section 161 of the Code of Criminal procedure. Thereaf...... 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)

....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. ......tioned to be followed by acquisition according to Government's order dated 8th March 1968. Later the lands were acquired afresh in L.A. Case No.104/1967-1968. The acquisition was complete and all the recorded owners received compensation money in L.A. Case No. 104 of 1967-1968 on various dates in 19......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

Anti Corruption Commission Vs. Barrister Mir Mohammad Helal Uddin and another, 2008, 37 CLC (AD)

....hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ......Commission has filed this petition for leave to appeal. 10. Heard the learned Advocate and perused the petition and the impugned judg­ment and order of the High Court Division and other papers on record. 11. It appears that the High Court Division has correctly followed the obser­vations of ......hold that the High Court Division committed no illegality in granting bail to the respondent. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 109. ..

Category: Criminal Law | Date: | Hits: 51

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

....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. ...... the Non-Agricultural Tenancy Act, 1949. 2. The Case of the pre-emptee petitioner, in short, is that the Case land belonged to Arifur Rahman, A. Barik and A. Khaleque and their names were duly recorded in the finally published RS Khatian. One Abdus Sobahan purchased the Case land and other la......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

Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)

....n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ......evision No.1579 of 1999. Judgment AK Badrul Huq J.- The subject matter of challenge in this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated 24-3-1999 recorded by Second Court of Assistant Judge, Dhaka in Title Suit No. 226 of 1985 allowing an applica......n 23-5-1999 stands vacated. Having regard to the fact and circumstances of the case I direct the parties to bear their respective costs. Ed. This Case is also Reported in: 53 DLR (2001) 190. ..

Category: Property Law | Date: | Hits: 27

Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)

....stitiae and to do that real justice for the administration of which alone it exists. Under Section 151 of the Code all Courts including this Court ex debito justitiae according to equity, justice and good conscience. The section does not confer any new power on the court but only saves inherent powe......the defendant opposite party Nos.3-5 of four Civil Revision Cases arising out of four Civil Revision Petitions under section 115 of the Code of Civil Procedure seek vacating the order dated 2-11-1999 recorded by a learned Single Judge disposing of Civil Revision cases in terms of conditions laid dow......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ..

Category: Property Law | Date: | Hits: 21

Deputy Commissioner and Chairman, District Fisheries Tender Committees & others Vs. Md. Aswab Ali and others, 2000, 29 CLC (HCD)

....costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183.......ision No. 3633 of 1999. Judgment AK Badrul Huq J.- The subject-matter challenge in this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated July 18, 1999 recorded by learned District Judge, Moulvibazar in Title Appeal No. 5 of 1999 rejecting a petition p......costs. The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated. Ed. This Case is also Reported in: 53 DLR (2001) 183...

Category: Limitation Law | Date: | Hits: 152

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......ndant Nos.16-19 examined one witness in support of their respective claims. The parties also filed documents marked ex­hibits. 6. The High Court Division appears to have discussed the evidence on record in de­tail and made the rule absolute setting aside the decree passed by the Courts below an......g the suit." 7. We have perused the leave petition and heard the learned Advocate. It ap­pears that the High Court Division has found that the concern process server not being examined the proper service of summons of Title Suit No.16 of 1985 could not be proved and the courts below failed to ta..

Category: Property Law | Date: | Hits: 79

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......994 and delivered physical possession thereof within the well demarcated boundaries (as identified in the site plan) to him (the plaintiff). 11. Thereafter, the Government in the Ministry of Works recorded the name of the plaintiff, as a sole lessee in respect of Plot No.61 in place of the names ......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143...

Category: Property Law | Date: | Hits: 44