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Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ...... the Code of Criminal Procedure and for dis­posal on merit in the light of the observa­tions made in the judgment and in accor­dance with law within 60 (sixty) working days from the receipt of the records aris­ing out of judgment and order of convic­tion and sentence dated 29.06.2004 passed by ....... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ..

Category: Others | Date: | Hits: 83

Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)

.... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......tioners have filed this petition for leave to appeal. 15. Heard the learned Advocate and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 16. It appears that the petitioner filed an application under Section 241A of the Cod...... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ..

Category: Others | Date: | Hits: 82

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

....inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ......first instance on priority basis in the ground floor to the exclu­sion of the outsider. 9. Mr. Md. Abdul Zabbar, the learned Counsel appearing for the appellant failed to show any material on record that the Dhaka City Corporation assured the affected shop keepers to allot shop rooms in the ......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ..

Category: Property Law | Date: | Hits: 29

Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)

....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......g a written statement. His case in short is that one Jallad Sheikh owned of the suit lands, who died leaving behind wife Doyel Bibi and three daughters, namely Jasrion, Basiron and Bacchoni. The C.S. record was also prepared in their names. Subsequently Doyel Bibi died leaving daughter's daughter Te......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ..

Category: Property Law | Date: | Hits: 18

Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)

....tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ...... Involved: Md. Khurshid Alam Khan, Advocate, instructed by Md. Zahirul Islam, Advocate -on-Record-For the Petitioner. J.B.M. Hasan, Advocate instructed by Mrs. Sufia Khatun, Advocate-on record-For respondent No.1. Not represented- Respondents nos. 2-5. Civil Petition for ......tion of the learned counsel for the petitioner. There is no merit in this petition. The application is dismissed accordingly. Ed. This Case is also Reported in: VII (ADC) (2010) 233. ..

Category: Property Law | Date: | Hits: 21

Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)

....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......nt Nos.1 and 2-petitioners In Civil Petition No.129 of 2009 in favour of the defendant Nos.3 and 4-petitioners In Civil Petition No of 2009. The High Court Division having considered the materials on record rightly found that the defendant Nos.1 and 2 received the down payment and installment from t......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave peti­tions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..

Category: Property Law | Date: | Hits: 20

Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)

....nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ......cres of land appertaining to three plots in C.S. Khatian Nos.456 and 458 of Mouza Gopar, Police Station Keranigonj, District-Dhaka as morefully described in the sched­ule to the plaint was correctly recorded in the name of the Deity Sree Sree Gopal Jew Bigraha and Hari Priya Baisnabi was its shebai......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ..

Category: Property Law | Date: | Hits: 29

S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)

....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......heir predecessors were not the tenants under the defendant-petitioner. He then submits that the High Court Division rightly found that without taking evidence and without considering the materials on record under Order 7 Rule 11 of the Code of Civil Procedure can not be rejected. He then submits tha......il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ..

Category: Tenancy Law | Date: | Hits: 185

Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and oth­ers, 2009, 38 CLC (AD)

.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ...... even did not deposit the required down payment which is a precondition for availing the opportunity and the High Court Division completely ignored this aspect of the matter; there is also nothing on record to show that the appellant gave 80% waiver of interest to all its clients and further this be...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..

Category: Banking Law | Date: | Hits: 98

Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)

.... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197.......e to appeal. 13. Heard Fida M. Kamal, learned Counsel appearing for the petitioner and perused the petition and the impugned judg­ment and order of the High Court Division and other papers on record. 14. It appears that admittedly the petitioner was the director of the company and on ...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...

Category: Business or Commercial Law | Date: | Hits: 216

Dr. S. M. Eunus Ali, Free Friday Clinic Vs. Joint District Judge and Artha Rin Adalat, Second Court of Bagerhat and another, 2009, 38 CLC (AD)

....sion 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) 194. ......tion for leave to appeal. 7. Heard the learned Advocate appearing for the petitioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. It appears that the respondent bank already became the owner of all the mort­gage......sion 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) 194. ..

Category: Others | Date: | Hits: 84

Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ......etitioner and Nazrul Islam Talukder, the  learned Advocate appearing for the respondents and perused the petition and the impugned judg­ment and order of the High Court Division and other papers on record. 16. It appears that the petitioner did not fur­nish the security money as required u......t the lease as prayed for. In such view of the matter we find no substance in this petition which is accord­ingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 191. ..

Category: Property Law | Date: | Hits: 26

Director General of Food, 16 Abdul Goni Road, Dhaka-1000 Vs. Al-Falah Shipping Lines Limited and others, 2009, 38 CLC (AD)

....ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ......or leave to appeal. 8. Heard Enayetur Rahim, the learned Additional Attorney General and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 9. It appears that the High Court Division correctly found that the order of this Div......ation for addition of party. We find no substance in this petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: VII (ADC) (2010) 189. ..

Category: Others | Date: | Hits: 356

Md. Nazrul Islam and another Vs. Secretary, Ministry of Public Works, the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....ion committed no illegality in dismiss­ing the appeal. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 186. ......g for the petitioners and Mahmudul Islam, the learned Counsel appearing for the respondents and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 14. It appears that the High Court Division found that the trial Court rightly held t......en living in the suit property with his family members including the plaintiffs only and he had been paying rent for the suit proper­ty regularly from his salary until he retired from the Government service on 1982. Thereafter, Sona Miah tried to pay the rent from the pension allowance he received ..

Category: Property Law | Date: | Hits: 23

Md. Enam Hossain Vs. Kayesh Miah and others, 2009, 38 CLC (AD)

....ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. .......90 of 2006 before the learned District and Sessions Judge, Chora Challan Nirodh Tribunal, Sylhet. The Judge upon hearing the same and on consideration of the facts, circumstances and the evidence on record set aside the order dated 31.10.2006 passed by the Deputy Administrator of Waqfs. 4. B......ted to prepare the paper book out of Court in accordance with Rules. The petitioner is permitted to add addi­tional grounds. Ed. This Case is also Reported in: VII (ADC) (2010) 184. ..

Category: Trust/Waqf Law | Date: | Hits: 200

Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)

....Court reject­ing the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......979 under mouza Chottrish of Upazila Fenchegonj and other land belonged to the predecessor of plain­tiff, Mohammad Asim and his 2 brothers namely Mohammad Asim and Mohammad Kosir though the same was recorded in the name of only Mohammad Asim in the Thak Jorip and while owning and possessing on amic......d 08.11.2005. 4. On coming to know about the ex parte order the petitioner filed Miscellaneous Case No.18 of 2006 in the Court of the learned Senior Assistant Judge, Sadar, Sylhet alleging non service of summons and prayed for restoration of the original suit upon setting aside the ex parte j..

Category: Property Law | Date: | Hits: 29

Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)

....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......ing for declaration that the judgment and decree passed in Title Suit No.9 of 1998 is illegal, not valid, fraudulent and not bind­ing upon the plaintiffs contending, amongst others, that in the C.S. record the suit plot was recorded in C. S. Khatian No. 392 in the name Chitu Mia (8 annas) Afsin Mat......ar 1984 and that Sonai Bibi was then residing at a different place, other then the address which was mentioned in the plaint of the Title Suit No.9 of 1998 and thus on the basis of false report as to service of summons, the suit was made ready for hearing and was decreed ex-parte and that the cause ..

Category: Property Law | Date: | Hits: 37

Department of Narcotics Control Dhaka and another Vs. Crown Beverage Ltd. and another, 2008, 37 CLC (AD)

....the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132.......ring for the appellants and Rafique-ul Huq, learned Counsel 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. It appears that the appellants admitted before the High Court Division about the issu......the judgment delivered by the High Court Division in Writ Petition No. 6818 of 2004 affirmed here by this Court with above modifica­tion. Ed. This Case is also Reported in: VII (ADC) (2010) 132...

Category: Others | Date: | Hits: 144

Chairman, RAJUK Vs. Mostafa Kamal and others, 2009, 38 CLC (AD)

....nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ...... 10. Leave was granted to consider the above submissions. 11. Heard the learned Counsel and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 12. Admitted position is that the respon­dent participated in the tender for plot No.NE ......nd within 3(three) weeks." 23. In the result the appeal is disposed of. The short order quoted above shall from part of the judgment. Ed. This Case is also Reported in: VII (ADC) (2010) 127. ..

Category: Limitation Law | Date: | Hits: 154

Bangladesh Water Development and others Vs. Chairman, Divisional Labour Court, Khulna and another, 2009, 38 CLC (AD)

....it Petition No. 6150 of 1997 by the High Court Division is set aside and the Complaint Case No. 25 of 1995 is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 83, 7 LG (AD) (2010) 201.......d without considering its implication upon the present dispute discharged the Rule in favour of the respondent No.2 Md. Golam Nabi resulting in an error in the decision. 6. The learned Advocate on record appear­ing for the petitioner further submitted that the impugned order of the High Court Di......anding Orders) Act, 1965 stating, inter alia, that he was appointed on 16.08.1964 as an Work Charge staff, on 18.05.1986 he was made permanent staff and was continuing as such but he was retired from service on and from 04.06.1994 after completing service for 31 years illegally and arbitrarily witho..

Category: Labour and Industrial Law | Date: | Hits: 110