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Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)

....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......ith LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..

Category: Property Law | Date: | Hits: 37

Muzaidul Islam Vs. Bangladesh, 2009, 38 CLC (HCD)

....Present: Mir Hashmat Ali J Md. Nuruzzaman J Muzaidul Islam s/o. Shah Alam, Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretariat, Dhaka ......on) Present: Mir Hashmat Ali J Md. Nuruzzaman J Muzaidul Islam s/o. Shah Alam, Village: Kalirchar P.S. & Dt. Laxmipur and others.……. Petitioners. Vs. Bangladesh represented by the Secretary, Ministry of Establishment, Bangladesh Secretari......;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ......;                   Mir Hashmat Ali J. I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 132

S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)

.... S.M. Zakir Hossain, son of late Harun or Rashid, Principal –in-Charge, Abdul Jabber College, Borhanuddin, Bhola............. Petitioner. Vs. The People’s Republic of Bangladesh represented by Secretary Ministry of    Education, Bangladesh Secretariat,......ir Hashmat Ali J Md. Nuruzzaman J S.M. Zakir Hossain, son of late Harun or Rashid, Principal –in-Charge, Abdul Jabber College, Borhanuddin, Bhola............. Petitioner. Vs. The People’s Republic of Bangladesh represented by Secretary Ministry of &nb......t Division (Special Original Jurisdiction) Present: Mir Hashmat Ali J Md. Nuruzzaman J S.M. Zakir Hossain, son of late Harun or Rashid, Principal –in-Charge, Abdul Jabber College, Borhanuddin, Bhola............. Petitioner. Vs. The People&rs......                     Mir Hashmat Ali J.- I agree. This Case is also Reported in:  ..

Category: Constitutional Law | Date: | Hits: 121

Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)

....) 2009, 79, VII ADC (2010) 721. ......ers ............Petitioners (In Civil Petition Nos. 2221 & 2222 of 2008) Justice Syed Md. Dastagir Hossain and others............Petitioners (In Civil Petition Nos. 2046 & 2056 of 2008) Vs. Md. Idrisur Rahman, Advocate and others ........Respondents (In Civil Petition No. 2221 of 20......ed in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......ded five Additional Judges, namely, Mr. Justice Md. Abdur Rashid, Mr. Justice Md. Khademul Islam Chowdhury, Mr. Justice Sikder Mokbul Hoque, Mr. Justice Surendra Kumar Sinha and Mr. Justice Md. Abdul Wahab Mia for appointment of Judges of the High Court Division and the President accordingly appoint..

Category: Constitutional Law | Date: | Hits: 251

M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)

....d by the High Court Division in First Appeal No.562 of 2000).   Order Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated 24.07.2006 passed by the High Court Di......late Division Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J M/S. Classic Fashion Limited.….....Petitioner Vs. Mrs. Asrafunnessa Dana and another……....Respondents Judgment ...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 110

Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)

....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......llate Division Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Yakub Ali…………….Petitioner Vs. Nazir Ahmed and others.......Respondents Judgment January 18, 2009. ......statement contending that Monoza Khaton has no subsisting right, title and interest to transfer the suit land to the plaintiff and that the defendant No.1, Nazir Ahmed purchased the suit land from Abdul Gofran by a registered kabala dated 15.03.1998 and also by a registered kabala dated 07.12.19......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 29

Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)

....Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by Secretary Ministry of Land and other. ……..Respondents ......l Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Golam Mostafa and others, represented by their constituted Attorney, Golam Mostafa. ……..Petitioners Vs. The Government of the People’s Republic of Bangladesh represented by Secretary Mi......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in:   ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in:   ..

Category: Property Law | Date: | Hits: 25

Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)

....ted property in pursuance of Government notification No.6199-Genl-dated 03.12.1965 under the defence of Pakistan Rules published by Dhaka Gazette dated 04.12.1965. It appears that the Government of Bangladesh proved the census list as well as others documents as provided under law by way of supp...... Appellate Division Present: Mohammad Fazlul Karim J Md. Hassan Ameen J Md. Lukman……………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement Ju...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 51

Special Reference No.1 of 2009, 38 CLC (AD)

....iamentary Affairs vide memo No. বিচার-৩/১ এম-৬/২০০৯-৬৮৫ dated 17.8.2009 sent a reference to the Appellate Division addressed to the Registrar of the Supreme Court of Bangladesh for reporting its opinion back to him on the following two questions raised in the backdr......ar Sinha J Special Reference No.1 of 2009 Date of hearing: 25.08.2009 to 27.08.2009 and 01.09.2009 to 03.09.2009. Cases Referred to- 47 DLR (AD) 111; A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR 1980 SC 1612, Waddington Vs. Mia (1974) 2 A.E.R. 377; 7 BLC (AD) 73, Narasappa......erence. Ed. This Case is also Reported in: ......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 289

Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)

....…………………………Respondent Judgment July 5, 2009. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul......ate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Syed Nurul Azim Babar……………………………..Petitioner Vs. The State……………………………………………………Respondent Judgment ......ed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...

Category: Criminal Law | Date: | Hits: 60

State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)

....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J The State……………………..............Petitioner (In all the Cases) Vs. Lal Miah@ Abdul Bari…….........Respondents (In Criminal Petition No. 270 o...... This Case is also Reported in: VI ADC (2009) 706. ......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..

Category: Criminal Law | Date: | Hits: 53

Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)

....tioner (In Civil Petition No. 441 of 2005) Gias Uddin………...............................Petitioner (In Civil Petition No. 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Public Works, Secretariat Buildin......Bithi)...................Petitioner (In Civil Petition No. 441 of 2005) Gias Uddin………...............................Petitioner (In Civil Petition No. 442 of 2005) Vs. The Government of Bangladesh represented by the Secretary, Ministry of Housing and Publi......Ed. This Case is also Reported in: VI ADC (2009) 702. ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..

Category: Property Law | Date: | Hits: 34

Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)

....nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ......n CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abu Sufian and others............................Petitioners Vs. Ferdoshi Begum and others…...................... Respondents Judgment ...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Abu Sufian and others............................Petitioners Vs. ......nd no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ..

Category: Business or Commercial Law | Date: | Hits: 199

Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)

....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......t: MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Saleh Ahmed and others……………………......Petitioners Vs. Amena Bewa and others…………….........Respondents ...... This Case is also Reported in: VI ADC (2009) 695. ......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..

Category: Civil Law | Date: | Hits: 94

Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)

....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ...... Md. Abdul Aziz J Indrajit Dutta……………………………………………Petitioners Vs. Baidhya Nath Banarjee and others .........Respondents Judgment April 22, ...... This Case is also Reported in: VI ADC (2009) 674. ......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..

Category: Property Law | Date: | Hits: 28

Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)

....find no sub­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ...... Md. Tafazzul Islam J Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment Februar...... Tafazzul Islam J Md. Joynul Abedin J Abdus Sattar Mollah………………………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment February 5, 2009. ......find no sub­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ..

Category: Property Law | Date: | Hits: 25

Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)

....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dis­missed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......vision (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Layek Khan and another..................................Petitioners Vs. Abdul Latif being dead his heirs: Rajia Begum and oth­ers.....Respondents Jud......ssed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dis­missed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ..

Category: Property Law | Date: | Hits: 57

Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....I ADC (2009) 661, 63 DLR (AD) (2011) 122....... Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh represented by the Deputy Commissioner, Collectorate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 200......le and interest in the suit land have not been affected thereby and that they entitled to get decree for khas possession of the suit land, on the aver­ments that the suit land originally belonged to Abdul Ali, a purchaser from the C.S. recorded owner, and Rustom Ali, the predecessor in interest of ......no illegali­ty or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122...

Category: Property Law | Date: | Hits: 25

Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)

....llary to requisition of land and as such the direction of the High Court Division is beyond the scope of jurisdiction of the High Court Division under Article 102(2) (a) (i) of the Constitution of Bangladesh. He also submits that the High Court Division committed illegality in upholding the argu...... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Rajdhani Unnayan Kartipakkya (RAJUK).............Appellant (In all the cases) Vs. Jahan Ara Begum…….............Respondent (In Criminal Appeal No.107 of 200...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Rajdhani Unnayan Kartipakkya (RAJUK).............Appellant (In all the cases) ......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..

Category: Property Law | Date: | Hits: 41

HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)

....ed an appli­cation for arrest of 'MV Lady Fatima' and 'MV Dali' berthed at Chittagong Port, Chittagong before the High Court Division contending that the plaintiff is a company incorporated in Bangladesh under the Companies Act, 1994 and is the owner of a number of seagoing vessels and carri......) Present: Md. Fazlul Karim J   Md. Joynul Abedin J SAN Mominur Rahman J  HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9,...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 513