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Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)
....l Karim J. - This Appeal, by leave, is directed against the judgment and order dated 25.07.1996 passed by the High Court Division in Writ Petition No. 1413 of 1988 making the Rule absolute. 2. The facts of the case, in short, are that the writ-petition was filed by the responÂdent alleging, that...... (AD) (2010) 179......ement is that Abdur Rahman was not found to be in possession of the house after liberation and he left this country and his whereÂabouts were not known on 26.02.1972 is absolutely wrong, without any evidence on record, either oral or documentary or without any pleading on behalf of the Government b..Category: Property Law | Date: | Hits: 24
Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)
....rected against the judgment and order dated 13.07.2009 passed by the High Court Division in Writ Petition No.2375 of 2001 rejecting the application for restoration and discharging the Rule. 2. The facts, in short, are that by a notifiÂcation issued by the Local Government, Rural Development and ......fazzal Hossain……………………….....Petitioner Vs. The Government of the People's Republic of Bangladesh repreÂsented by the Secretary, Ministry of Local Government Rural Development and Co-operatives, Bangladesh Sachibalaya, P.S.-Ramna, Dhaka-1000 and others…............Responden......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 CommiÂssion Vs. Nargis Begum & others, 2009, 38 CLC (AD)
.... Leave to Appeal are directed against the judgment and order dated 28-8-2008 passed by the High Court Division in Writ Petition Nos. 10744 of 2007 and 105 of 2008 making the Rules absolute. 2. The facts involved in the cases, in short, are that in Writ Petition No. 10744 of 2007 the petitionÂers......ecord—For the Petitioners. (In both the cases) None Represented—For the respondents. (In both the cases) Civil Petition for Leave to Appeal No. 1655 with 1657 of 2008. (From the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition No. 10......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.  ..Category: Anti-Corruption Laws | Date: | Hits: 168
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....g aside the Judgment and Order passed by the Special Judge, Court No. 3, Dhaka, in Special Case No. 1 of 2007, in convicting and sentencing the respondent no. 1, Dr. Mohiuddin Khan Alamgir. 2. The facts leading to the filing of this petition are that the Secretary of the Anti-corruption Commissio...... Md. Muzammel Hossain J Surendra Kumar Sinha J The Anti-Corruption Commission, represented by its Chairman, 1, Segunbagicha, Dhaka........... Petitioner. Vs. Dr. Muhiuddin Khan Alamgir and others.......... Respondents. Judgment July 04, 2010. Result: The petition is dism......cial Judge framed Charge under sections 26(2) and 27(1) of the Act read with rule 15 Gha(5) of the Emergency Powers Rules, 2007. 3. The learned Special Judge, on examination of witnesses and other evidence on record, found the respondent no. 1 guilty of the charges of concealing various amounts a..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: ......ed in: ......f did not take any step for calling for the volume of kabala from the concerned sub-registry office to prove due execution and the High Court Division rightly held that it was illegally admitted into evidence. 12. The High Court Division further correctly held that the land of plot No.1350 was n..Category: Property Law | Date: | Hits: 26
Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)
.... 2007 under Section 409 of the Penal Code read with Section 5(2) of the Prevention of Corruption Act, 1947 now pending in the Court of Special Judge, Court No.2, Sher-e-Bangla Nagar, Dhaka. 2. The facts, in short, are that Md. Nurul Islam Babu, of Village-Modhya Paschim Kamargaon, Police Station-...... Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti Corruption Commission represented by its Charmin, Head Office, 1 Segunbagicha, Dhaka……….....Petitioner Vs. Shah Alam Chowdhury and others............Respondents Order January 13, 2007. Lawyers Involved: Mansur Habi......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
....and to issue bills as per minimum charge and the rest Tk. 24,65,256/- is to be paid within next nine months in equal installments by the respondent-opposite party along with regular bills.
2. The facts, in short, are that the plaintiff-respondent filed Title Suit No.96 of 1998 against the defend......prayed for.
Ed.
This Case is also Reported in:
......arned Joint District Judge, Additional Court, Narayanganj in Title Suit No.03 of 2005. Title Suit No.03 of 2005 was sent back on remand for fresh trial by giving parties opportunity to adduce further evidences, if they so desire. Respondent No.5 Titas Gas was directed to prepare gas bills on the bas..
Category: Civil Law | Date: | Hits: 82
Dr. Mohiuddin Farooque Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....is respect by the Government and more specifically by the Directorate of Environment. An Affidavit-in-opposition is filed on behalf of the Ministry of Environment and Forest, the respondent no.3. The facts stated in the said Affidavit is equally vague and do not deny the allegations of unresponsiven...... Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. Vs. Bangladesh and others ………..Respondents. Judgment July 15, 2001. Cases Referred to- Peoples U...... huge number of industries/factories identified by the Government itself and specifically pointed out in the notification dated 7.8.1986 (Annexure-C to the petition), but in its utter dismay found no evidence as to any effective measure or legal action taken against any of the 903 industries/factori..Category: Environmental Law | Date: | Hits: 345
....008 by reversing those of dated 03-02-2008 passed by learned Senior Assistant Judge, first Court, Gazipur, allowing an application for addition of party in Title Suit no. 363 of 2005.
2. Material facts are that on 10-10-2005 plaintiffs instituted Title Suit no. 363 of 2005 in the first Court of ......o communicate the at once.
Ed.
This Case 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...
Category: Property Law | Date: | Hits: 27
Abul Hossain Vs. State, 2008, 37 CLC (AD)
.... dated 29-05-2003 passed in Sessions Trial Case No.13 of 2002 arising out of Sudharam P.S. Case No.64, dated 29-04-2001 passed by the learned Additional Sessions Judge, 2nd Court, Noakhali. 2. The facts, in short, are that the convict-appellant filed the aforesaid Criminal Appeal No.1794 of 2003 ....... Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 125 of 2007. (From the judgment and order dated May 25, 2006 passed by the High Court Division in Death Reference No.57 of 2003 with......Neither the alleged offence was committed by the accused-appelÂlant nor did he have any knowledge about the same. The accused appellant was the victim of the circumstances, which is evident from the evidence of the witnesses. It is also eviÂdent that the alleged victim Nurjahan Begum Maya has been..Category: Criminal Law | Date: | Hits: 45
Khalilur Rahman and others Vs. Executive Engineer, Roads & Highways & others, 2007, 36 CLC (AD)
....High Court Division in Writ Petition Nos. 2051 & 2201 of 2001 discharging both the Rules. 2. Both the petitions are disposed of by this judgment as the same involve common questions of law and facts. 3. The case of the writ petitioner in Writ Petition No. 2051 of 2001 is that he is in posÂ.................................Petitioner (In Civil Petition No.439 of 2006) Vs. Executive Engineer, Roads & Highways & others…........Respondents (In Civil Petition No. 438 of 2006) Land Acquisition Officer & others.........Respondents (In Civil Petition No.439 of 2006) Judgm......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)
....efore, the family of the respondent is at the edge of elimination and the family could be protected if the respondent is enlarged on bail pending disÂposal of the appeal. 8. Considering the above facts the High Court Division granted bail to the respondent by the impugned judgment and order. ......J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti Corruption Commission represented by its Chairman, Dhaka.........Petitioner Vs. Barrister Mir Mohammad Helal Uddin and another…………………..Respondents Judgment June 19, 2008. Lawyers Involved: ......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)
....series being the products of fraud and collusion between opposite party Nos.1-11 and 7-11, the learned Subordinate Judge was manifestly wrong in refusing pre-emption without carefully considering the facts and circumstances of the Case and the law bearing on the subject, and the same has occasioned ......il Miscellaneous Jurisdiction) Present: Gour Gopal Saha J Sikder Maqbul Huq J Captain (Md) Lutfar Rahman……………………Appellant Vs. Md. Abu Taher and others………………….Respondents Judgment October 31, 2000. Cas......s contemporaneous documents to affect in any way the earlier executed sale deeds. Moreover, the pre-emptee opposite parties have not stated even one word either in their written objection or in their evidence explaining the circumstances preventing them from mentioning in the disputed sale deeds the..Category: Property Law | Date: | Hits: 22
Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
.... of 1985 allowing an application under Order 26 rule 9 of the Code of Civil Procedure. 2. The decision proposed to be given in this Civil Revision Petition does not demand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a ...... Chowdhury………………….Opposite Party Judgment April 20, 2000. Lawyers Involved: Md. Waliur Reza Chowdhury, Advocate—For the Petitioner. Md. Hannan with Md. Mainul Islam and AB Showkat Ali, Advocates—For the Opposite Party. Civil Revision No.1579 of 1999. Judgme......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)
....been sent to me by the Honorable Chief Justice for disposal. The four applications for Civil Revision cases are being disposed of by this common Judgment and order. 2. The genesis of the essential facts forming the background of four petitions may succinctly be stated which are as follows: Pet......€¦â€¦â€¦Petitioner Vs. Executive Engineer & others……………Opposite Parties Judgment January 26, 2000. Lawyers Involved: Syed Ziaul Karim, with Md Salauddin Talukder and Syeda Maimuna Begum, Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for t......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
....petitioner for condonation of delay of 1038 days and thus, dismissing the appeal.
2. The decision proposed to be recorded in this Civil Revision petition does not call for a detailed recounting of facts except that opposite party Nos. 1 to 12 of this Civil Revision petition as plaintiffs laid a s......ands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183.......-1999 directed the parties to maintain status quo in respect of suit property. Learned District Judge by order No.14 dated 23-4-1999 allowed plaintiff respondent’s application for taking additional evidence. Md. Aswab, plaintiff No.1 was examined as PW 1 and the document filed before the learned D..
Category: Limitation Law | Date: | Hits: 152
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....exhibit-5 and 5(1) was found to be valid and therefore the suit dismissed by the Courts below were not proper and accordingly the impugned judgment and order passed by the High Court Division, in the facts and circumÂstances, calls for no interference. FurÂthermore the parties are not prejudiced b...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Mir Hossain @ Amir Hossain and Others……….Plaintiff (In both the cases) Vs. Alifa Khatun and Others……………â€......and the defendant Nos.16-19 examined one witness in support of their respective claims. The parties also filed documents marked exÂhibits. 6. The High Court Division appears to have discussed the evidence on record in deÂtail and made the rule absolute setting aside the decree passed by the Cou..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....nd order dated 12-8-2009 passed by the High Court Division in First Miscellaneous Appeal No. 401 of 2008 with Civil Rule No. 675 (FM) of 2008 dismissing the appeal and discharging the Rule. 2. The facts, in short, are that the petitioner as plaintiff instituted Title Suit No.1605 of 2008 in the C......in J BK Das J ABM Khairul Haque J MM Hossain J SK Sinha J Dr. SKM Joynal Abedin…................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Housing and Public Works and others………….Respondents Judgment February 9, 2010. Lawyers In......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
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....dge, 1st Court of Zilla Joypurhat, in Other Class Appeal No.61 of 1996 and those dated 23rd day of July, 1998 passed by the Assistant Judge, Joypurhat in Other Class Suit No. 23of 1997. 2. The facts involved in the case, in short, are that the land recorded in C.S. Khatian No.2 originally bel......so Reported in: 15 MLR (AD) (2010) 170. ...... on the suit land had accrued on the aforesaid date; that even if the original owner subsequently after 23.04.1945 had migrated to India which the defendant Government totally failed to prove and the evidence on record does not support the contention by the defendant that the suit land had vested in..Category: Property Law | Date: | Hits: 28
Sree Jibon Sharma Vs. Sreemoti Subasini Sharma and another, 2010, 39 CLC (AD)
....ppeal affirming those dated 20.08.2005 passed by the Assistant Judge, Family Court, Islampur, Jamalpur decreeing the suit against the petitioner on contest in Family Case No.41 of 1999. 2. The facts involved in the case, in short, are that the plaintiff No.1 was given in marriage with defenda......hammad Fazlul Karim CJ Bijan Kumar Das J ABM Khairul Haque J Sree Jibon Sharma...............................................Petitioner Vs. Sreemoti Subasini Sharma and another ....................Respondents Judgment February 23, 2010 Lawyers ...... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 167. ..Category: Family Law | Date: | Hits: 182
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