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Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....irected against order dated 14.01.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1950 of 2008 issuing Rule with stay and subsequent extension dated 08.04.2009. 2. The facts, in short, are that the responÂdent No.1 filed an application for quashÂing the judgment and...... Md. Abdul Matin J Md. Abdul Aziz J Anti Corruption Commission repÂresented by its Chairman1, Segunbagicha, Dhaka…Petitioner Vs. Barrister Mohammad Shahjahan Omar and another........Respondents Order April 23, 2009. Lawyers Involved: M......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
.... leave to appeal is directed against the order dated 15.02.2009 passed by the High Court Division in Criminal Appeal No. 8020 of 2008 granting bail for a period of 4(four) months. 2. The short facts giving rise to the present petition are as under:- The respondent surrendered before th......g rise to the present petition are as under:- The respondent surrendered before the Court of Chief Metropolitan Magistrate, Dhaka in connection with Ramna P.S. Case No. 53(12)206 on 22.02.2007 and the Court of Chief Metropolitan Magistrate, Dhaka vide order dated 22.02.2007 sent him to custod......nd the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..Category: Others | Date: | Hits: 98
Md. Shamser Ali another Vs. Md. Shahajahan Ali and others, 2009, 38 CLC (AD)
....his petition for leave to appeal is directed against the judgÂment and order dated 21.08.2008 passed by the High Court Division in Civil Revision No. 1427 of 2005 discharging the Rule. 2. The facts, in short, are that the present respondent as petitioner instituted the suit for eviction of t...... Present: Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Md. Shamser Ali another……………………...Petitioners Vs. Md. Shahajahan Ali and others………….......Respondents Judgment November 19, 2009. Lawyers In......rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ..Category: Procedural Law | Date: | Hits: 92
Jahangir Alam Vs. Md. Joynal Abedin and others, 2010, 39 CLC (AD)
....itioner. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1932 of 2009. Judgment ABM Khairul Hague J. - This is a petition for leave to appeal. The facts leading to the filing of this petition, in brief, are that the respondent No.1 instituted a ca......esent: Mohammad Fazlul Karim CJ BK Das J ABM Khairul Haque J Jahangir Alam……………………………………………Petitioner Vs. Md. Joynal Abedin and others………………….Respondents Judgment February 23, 2010. Lawyers......lopment cost of Tk.10, 000/-. With this notification of the order passed by the Additional District Judge, this petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 305. ..Category: Property Law | Date: | Hits: 28
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
....he judgment and order dated 08.06.2008, passed by the High Court Division, in Writ Petition No. 4092 of 2008, rejecting the petition summarily filed under Article 102 of the Constitution. 2. The facts leading to the filing of the writ petition are that the Agrani Bank Limited filed a suit under...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. Lawyers Involved......he was its Chairman, as such, the suit should be disposed of in her presence. However, her liability is not dependent on her status as the Chairman or shareholder of the company unless it is found on evidence that she executed the charge documents in favor of the bank or mortgaged her property in it..Category: Banking Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawÂful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respond......ecord of right has been described as 'Pukur par' (bank of the pond) and hence the suit land are not forest or waste land and that the record of right though not document of title but it is rebuttable evidence as to possession which proceeds to show title in the land and that the Government by accept..Category: Property Law | Date: | Hits: 21
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....gh Court Division in First Appeal No.196 of 1995, affirming the judgment and decree dated 30.03.1995, passed by the Subordinate Judge, First Court, Gazipur, in Title Suit No.18 of 1993. 2. The facts in brief are that the respondent No.1 filed the instant suit for partition claiming a saham fo......il) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J BK Das J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Abdur Razzak and others….............Petitioners Vs. Md. Habejuddin and others….........Respond......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..Category: Property Law | Date: | Hits: 19
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....d appearing for the petitioner argued that the learned Single Judge of the High Court Division erred in law in reversing the judgment of the court of appeal below without dislodging the findÂings of facts and thereby committed error of law occasioning to that justice. The learned Advocate-on-Record...... ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Asheque Ali…………………………………… Petitioner Vs. Md. Shamsul Hoque Sarder and others .......The Respondents Judgment February 15, 2010. Lawyers Involved:......-petitioner will be at liberÂty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..Category: Property Law | Date: | Hits: 18
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....e of the High Court Division erred in law in not interferÂing with the judgment of the court of appeal below in failing to consider that the learned Additional District Judge being the last court of facts should have properÂly considered the oral and documentary evidence on record and thereby comm...... Appellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others………......th the judgment of the court of appeal below in failing to consider that the learned Additional District Judge being the last court of facts should have properÂly considered the oral and documentary evidence on record and thereby committed error of law in dismissing the appeal withÂout application..Category: Property Law | Date: | Hits: 25
Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)
.... returned the money to the plaintiff as per agreement dated 29.3.1990 in spite of repeated requests of the plaintiff. So the plaintiff issued a legal notice to the defendant on 6.3.93 stating all the facts and circumstances and the plaintiff also stated that the defendant failed to pay the sail amou......ecord-For the Petitioner. Shamsuddin Bulbul, Advocate, Ibrahim Khalil, Advocate-on- Record-For Respondent. Civil Petition for Leave to Appeal No. 1797 of 2009. (From the judgment and order dated 18.3.2009 passed by the High Court Division in Civil Revision No. 1786 of 1999.) ......uit in its present form is not maintainable and the plaintiff is not entiÂtled to get any declaration of title and recovery of khas possession of the suit land. 4. The trial court upon taking evidence and on hearing both the parties decreed the suit. Being aggrieved thereby the defendant a..Category: Property Law | Date: | Hits: 21
Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)
....arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ....... Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdus Subhan ...............................Petitioner Vs. Md. Khademul and others………….......Respondents Judgment February 14, 2010. Lawyers In......r, 1994 and the deed was regisÂtered on 22nd October, 1994 on payment of the balance consideration money. He being a co-sharer had been in possession of the land. 5. Upon consideration of the evidence on record, the learned Senior Assistant Judge by the judgment and order dated 26th January,..Category: Property Law | Date: | Hits: 26
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....e and directing the registered Trade Mark No.21508 dated 18.12.1984 in Class-30 to be varied by way of deletion or omission of the words "NABICO/নেবিকো" both English and Bangla. 3. The facts, in short, are that the responÂdent No.1 has been engaged in the busiÂness of manufacturing ...... Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another .........Respondents Judgment July 16, 2009. Lawyers Involved: Rokouddin Ma......ed trade mark No. 21508 in class-30 he left the proceeding and the applicaÂtion was allowed to proceed to registraÂtion. As a matter of fact, the Registrar of trade marks ought to have examined the evidence further and ought to have considÂered the application in the light of statutoÂry objectio..Category: Intellectual Property Law | Date: | Hits: 273
Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)
.... and order dated 16.10.2006 passed by the High Court Division in Civil Revision No.2155 of 2006) Judgment ABM Khairul Haque J. - This is a petiÂtion for leave to appeal. 2. The facts, leading to the filing of this petition, in brief, are that the petitioners instituted a suit ...... Surendra Kumar Sinha J Mayeen Uddin Ahamad being dead his legal heirs 1(Ka). Nargis Jakil others…....Petitioners Vs. Abdur Rashid Sk. being dead his heirs Zamina Khatun and others......Respondents Judgment February 16, 2010. Lawyers Involved: ...... the plaint. 4. The learned Subordinate Judge framed five issues including one on the question of dispossession of the plaintiff from the suit land. After hearing and on consideraÂtion of the evidence on record, the learned Subordinate Judge found that the plaintiff is entitled to only one d..Category: Property Law | Date: | Hits: 21
Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)
.... appeal is directed against the judgment dated 02.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1928 of 2007 whereÂby leave petition was dismissed. 2. The facts, in short, are that the petitionÂer as plaintiff instituted a suit being Title Suit No. 10 of......d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Musammat Afroza Haque…………...Petitioner Vs. Miss Rowshan Ara Begum and others…..........Respondents Judgment August 23, 2009. Lawyers Involved: ...... and decided those issues in favour of plaintiff. Learned trial Judge then took up issue Nos.4 and 5 together. In deciding those two issues learned trial Judge took into account pleadings of parties, evidence, both oral and documentary. Learned trial Judge considered two rent receipts, Exhibits-2 ..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....urt Division also considÂered the submissions of Mr. Abdur Razzak, the learned Advocate for the respondent that the respondent will return to the country just after next Ramadan. 15. In the above facts and circumstances, we are of the view that the High Court Division having considered all the m......mmel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka. ........Petitioner Vs Allama Delawar Hossain Sayedee and others........Respondents Order August 24, 2009. Result: The leave petition is disÂ......ision which does not require any interference by this Division. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ..Category: Others | Date: | Hits: 115
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....decree the defendant preÂferred Civil Revision No.3380 of 2000 before the High Court Division who by the judgment and order dated 25.01.2007 disÂcharged the Rule affirming the concurrent finding of facts passed by the courts below observing that there is no reason to interÂfere with the judgment ...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Elahi Mondal……………….......Petitioner Vs. Juran Mondal and others…………....Respondents Judgment August 23, 2009. Lawyers Involve......t No. 265 of 1976 and though the defendant claimed the Title Suit No. 295 of 1996 challenging the decree passed in the Title Suit No. 265 of 1976 yet he did not get any relief therein and further the evidence on record also show that the plaintiff was given possesÂsion in kha schedule land but ther..Category: Property Law | Date: | Hits: 20
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....of 2008) dischargÂing the Rule arising out of Auction proÂceeding published in the Daily Jhanakantha on 25.04.2008 by writ respondent No. 4 for selling the property of the petitioner. 2. The facts, in short, are that the petitionÂer filed Writ Petition No. 4623 of 2008 before the High Cour......nha J Md. Nurul Abedin……………….Petitioner (In both the cases) Vs Bangladesh repÂresented by the Secretary, Ministry of Industry, Police Station-Motijheel 1, Dhaka-1000 and others….......Respondents (In Civil Petition No.832 of 2009) Judgment January 6,......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..Category: Property Law | Date: | Hits: 29
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....of the same subject matÂter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......010) 295. ......ndment of the plaint which may be allowed by the Appellate Division and the case be sent on remand for fresh trial for proper adjudication. 9. It appears that the courts below considÂered the evidence of D.W.2 Md. Azizur Rahman, who served the summons on the plaintiffs, who were defendants i..Category: Property Law | Date: | Hits: 35
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
.... Zahir for the petitioners and also Mr. Abul Kashem, Advocate on record for the respondent. Dr. M. Zahir submits that the High Court Division committed serious error of law in failing to consider the facts that Haji Bilat Ali Mondal during his life time partitioned his properties amongst his legal h......ent here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Sher Mohammad being dead his heir Most Tara Bibi and others..........Petitioners Vs. Md. Munsur Ali and others ........................Responde......eds; that the alleged deed dated 12.1.1961 in favour of the mother of the plaintiffs is false, forged and fabricated and as such the suit is liable to be dismissed. 4. The trial Court upon taking evidence and on hearing the parties decreed the suit by judgment and decree dated 26.10.1998 in prel..Category: Property Law | Date: | Hits: 51
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......n (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Hamid Matubbar and others....................Petitioners Vs. Majibar Matubbar and others.........Resp......ed from heirs of Karam Ali Sheikh after his death and got possession of the land in suit and prayed for dismissal of the suit. 5. The trial Court framed necessary issues and on considering the evidence on record, by judgment and decree dated 17.7.1986 decreed the suit in favour of the plainti..Category: Property Law | Date: | Hits: 26
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