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Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)

....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......vocate of the petitioner in respect of section 92 of the Evidence Act has got no manner of application in the instant case inasmuch as the deeds were found to have been executed and registered in the absence of any independent advise and accordingly the provision of section 16 of the Contract Act, b......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516...

Category: Property Law | Date: | Hits: 26

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

.... of 1999 decreeing the suit for the sum of TK.2,42, 28,435.80 and foreclosing the mortgage. 2. The facts involved in the case, in short, are that the respondent No.4-Sonali Bank sanctioned loan of total amount of TK.80,00,000.00 to this writ-petitioner company in the year 1988 on condition amongs......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

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

....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.......thin a space of 4 months, within which period they brought into existence of seven deeds. The execution of succes­sive deeds showing transfers of the suit lands from one person to another and in the absence of examining any of those vendors and attesting witnesses, on the face of the plaintiffs cha......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

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

....(three) P.Ws. and 3 (three) D.Ws. and documents submitted by both the parties in the judg­ment and decree dated 30.08.1987 in Title Suit No.228 of 1984 decreed in part for 21 decimals of land out of total disputed land of 35 decimals in favour of the plaintiff and title and possession of the defend......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.......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

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.......aintiff the plaint and the oral evidence of P.W.'s same contradictions appears regard­ing acquisitions of title of Sheikh Wahab Ali by way of pattan from superior Zamindar the High Court Division in absence of proof of chain of title of the plaintiffs predecessor declared title of the plaintiff on ......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)

....ed in the case, in short, are that the petitioner is a shareholder and director of the respondent No.1 company ("the Company") holding 40,22,000 (forty lac twenty two thousand) shares i.e. 66% of the total shareholding in the Company. The Company was incorporated in the year 2000 with the objects, i......ed on 29.01.2006 the company has been ren­dered dysfunctional. The High Court Division considering the admitted position that the Company is unable to pay its debts coupled with the fact that in the absence of the ISP Licence the Company cannot carry on its business. 36. The High Court Division ......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

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.   ......n or others dependent on him when he fails to explain such acquisition. This person is definitely a person who was asked under section 26(1) of the ACC Act, 2004 to submit statement of assets. In the absence of any statement of assets; there was no scope for him to submit any explanation for acquisi......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)

.... and sent the case to the Third Court of Special Judge, for trial. A supplementary charge sheet was also submitted on 21.05.2007 against the respondent no.1, bringing the allegation of concealment of total Tk.3,27,88,465/-which he allegedly acquired beyond his known legal source of income and the le......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. ......s for ex post facto ratification of the acts done by the officers of the Commission during the period from 07.02.2007 to 24.02.2007, without any authorization from the Commission, but the question of jurisdiction goes to the root of the matter. If any person acts beyond his authority, to the prejudi..

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

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

....nt operation leaving behind his two sons Jamaluddin and Ashraf Ali. By amicable partition Jamaluddin got the entire lands of 11 decimals from plot No.1348 and entire 23 decimals from dag No.1352 i.e. total 34 decimals in his absolute saham. Ashraf Ali got the entire 12 decimals from plot No.1349 and...... 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: ...... 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)

....31 dated 11.06.2002 for an mount of Tk.20,00,000/-. Cheque No. 1474214 dated 11.06.2002 for an amount of Tk.20,00,000/- and cheque No.1474215 dated 11.06.2002 for an amount of Tk.10,00,000/- thus the total amount came to Tk.50,00,000/- (fifty lac). It was also stated in the alleged First Information......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: ......n by the Anti-Corruption Commission to submit Charge Sheet was illegal. 5. The ground set forth in the writ petition is under the ambit of the Code of Criminal Procedure, 1898 and as such the writ jurisdiction availed of by the writ petitioner was improper and the Article 102 (2)(a)(i)(ii) of the..

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)

....Court Division is erroneous inasmuch as the High Court Division directed the respondent No.5 Titas Gas T & D Company Limited to restore gas connection after receiving Tk.24,65,256/- as 50% of the total amount i.e. Tk.49,30,512/- (Taka forty nine lac thirty thousand five hundred twelve) payable a......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: ......rt of 1st, learned Subordinate Judge, Narayanganj seeking a declaration that the gas bills for the months of February, 1998 to August, 1998 amounting to Tk.11,15,044/60 are illegal and issued without jurisdiction and not binding upon the plaintiff-respondent. After filing of the suit the plaintiff-r..

Category: Civil Law | Date: | Hits: 82

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

....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. ......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)

....howing continuous deteriorating environmental pollution in Bangladesh. She also refers to the new list prepared by the Department of Environment (Annexure-I). This new list, she submits, identified a total number of 1176 industries/ factories up and down the country as polluters which only shows tha......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. ......this connection, let us consider certain decisions of the superior Courts in India. In Doon Valley case discussed earlier, the Supreme Court of India for the first time, in exercise of its epistolary jurisdiction, ordered closing down of limestone quarries, in order to preserve the ecological balanc..

Category: Environmental Law | Date: | Hits: 345

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.......etition­er while the petitioner was present in the house. Therefore the courts below rightly held that the husband petitioner was under an obligation to explain how his wife was done to death and in absence of any expla­nation the court below was justified in holding that none other than the petit...... 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. ......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. ...... Court of Assistant Judge), 2nd Court, Brahmanbaria. Neither the writ petitioners nor respondent No.6 stated anything about the fate of the suit. The High Court Division further observed that in writ jurisdiction it is very difficult to dis­pose of a case unless all the facts are brought before thi..

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. ......regnant when the present respondent was arrested on 22.02.2007. The present respondent has been blessed with a son on 01.06.2007. 7. The present respondent is the only son of his family and in the absence of his father who is in custody in connection with the judg­ment passed by the Special Judg......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. ......nveyance in the disputed sale deeds. 10. It is a settled proposition of law that sale takes effect from the date of execution of the sale deed and not from the date of its registration. In the absence of any allegation of fraud and collusion in concluding the disputed sale deeds, the vendors ......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. ......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. ......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)

....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. ......nt-opposite parties entered into compromise with the plaintiff-petitioner. In that event, the matter would have been otherwise. But the Civil Revision petitions could not have been disposed of in the absence of other contesting defendants-opposite parties; at least, the petition of compromise could ......nd heard in part, and, thereafter adjourned till 6-1-1999. I am informed by the Learned Advocate for the defendants-opposite party Nos. 3-5 that the court who heard the matter in part not retains the jurisdiction to hear Civil Single Bench matter since 2nd day of January, 1999. It appears that one a..

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.......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.......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