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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.......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.......ted 23.02.2009 passed in First Appeal No.324 of 1997 by the High Court Division in allowing the appeal in part and thereby decreeing the Other Suit No.370 of 1994 dismissed by the learned Subordinate Judge, 3rd Court, Chittagong. 2. The respondent Nos. 1-9 as plaintiffs filed the suit for confirm..

Category: Property Law | Date: | Hits: 38

Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)

....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......n Civil Revision No.5532 of 2001 heard analo­gously with Civil Revision No. 2464 of 2000 discharging the Rule and upholding the judgment and decree dated 16.07.2001 passed by the learned Subordinate Judge, First Court, Dhaka in Title Appeal No.69 of 1994 allowing the appeal and reversing the judgme..

Category: Property Law | Date: | Hits: 24

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

....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.......against the judgment and order dated 18.05.2009 passed by the High Court Division in Civil Revision No.820 of 1997 against the judg­ment and decree dated 30.10.1996 passed by the learned Subordinate Judge, Court No. 2, Jessore in Title Appeal No.239 of 1987 reversing the judgment and decree dated 3..

Category: Property Law | Date: | Hits: 27

Government of Bangladesh and another Vs. Mohiuddin, 2009, 38 CLC (AD)

....5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......5.1988 of the Court of Settlement is restored. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 454, 15 BLC (AD) (2010) 179......le Suit No.57 of 1976 in the Court of Munsif and prayed for injunction, but injunction was not given. Thereafter, the respondent preferred an appeal which was heard and disposed of by the Subordinate Judge, 4th Court, Dhaka who passed an order of maintaining status quo in respect of the suit propert..

Category: Property Law | Date: | Hits: 24

Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)

....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. ......ion, against the Judgment and Order dated 13.07.2009, passed by the High Court Division in Criminal Appeal No. 4393 of 2007, allowing the appeal and setting 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 r......Respondent No.2. Criminal Petition For Leave To Appeal No. 398 of 2009. (From the Judgment and order dated 13.07.2009 passed by the High Court Division in Criminal Appeal No. 4393 of 2007) Judgement ABM Khairul Haque J.- This is a petition for leave to appeal, filed on behalf of the 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: ...... 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: ......gainst the judgment and order dated 19.11.2007 passed by the High Court Division in Civil Revision No.4554 of 2003 arising out of judgment and decree dated 11.10.2003 passed by the 1st Joint District Judge, Comilla in Title Appeal No.114 of 2001 reversing the judgment and decree dated 15.07.2001 pas..

Category: Property Law | Date: | Hits: 26

Anti Corruption Commission Vs. Shah Alam Chowdhury and others, 2007, 36 CLC (AD)

....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: ......r leave to appeal is directed against the judgment and order dated 11.11.2007 passed by the High Court Division in Writ Petition No.9613 of 2007 so far it relates to staying the further proceeding of Special Case No.14 of 2007 arising out of Metropolitan Special Case No.133 of 2007 arising out of Ra......ase No.40 dated 15.02.2007 corresponding to G.R. No.87 of 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 B..

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)

....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: ......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: ...... facts, in short, are that the plaintiff-respondent filed Title Suit No.96 of 1998 against the defendant No. 2- petitioner and 4 other officers of the company in the Court of 1st, learned Subordinate Judge, Narayanganj seeking a declaration that the gas bills for the months of February, 1998 to Augu..

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. ......ection, they are at liberty to approach the Court. Ed. This Case is also Reported in: 15 BLC (2010) 61. ......t violation of the relevant provisions of environmental laws. In this connection, she refers to the decision of Dr. Mohiuddin Farooque V. Bangladesh 55 DLR (2003) 69 in which one of us was the author Judge. 10. It appears that very little improvement has been made in minimizing pollution in Bang..

Category: Environmental Law | Date: | Hits: 279

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

....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. ......rded to the Chairman, BELA. Md. Joynul Abedin J.- I agree. This Case is also Reported in: 55 DLR (2003) 69. ......al pollution due to unresponsiveness of the apathetic concerned officials, indifferent to the Constitutional edicts so solemnly declared in Article 18 and Article 32. 32. The oath of office of the Judges of the Supreme Court requires that they will preserve, protect and defend the Constitution an..

Category: Environmental Law | Date: | Hits: 345

Md. Shafiul Alam and others Vs. Ajamat Ullah being dead his heirs Sabjan Bibi and others, 2010, 39 CLC (HCD)

....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.......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.......gment Syed Md. Ziaul Karim J.- Leave was granted at the instance of proposed defendant petitioners to consider whether the impugned judgment and order dated 18-09-2008 passed by learned District Judge, Gazipur, allowing Civil Revision no. 04 of 2008 by reversing those of dated 03-02-2008 passed..

Category: Property Law | Date: | Hits: 27

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....... 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.......t and order of conviction and sentence 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 afor..

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. ......us con­tradictions regarding publication of the gazette notification. The High Court Division further held that Title Suit No.55 of 1967 was also filed in the Court of Munsif (now Court of Assistant Judge), 2nd Court, Brahmanbaria. Neither the writ petitioners nor respondent No.6 stated anything ab..

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. ...... 2007 granting bail to the respondent No.1. 2. The fact, in short, are that the instant application has arisen out of the appeal filed against the judgment and order dated 04.07.2007 passed by the Special Judge, Special Judge Court No.2, Dhaka in Special Trial Case No.1 of 2007 arising out of Gul......anting bail to the respondent No.1. 2. The fact, in short, are that the instant application has arisen out of the appeal filed against the judgment and order dated 04.07.2007 passed by the Special Judge, Special Judge Court No.2, Dhaka in Special Trial Case No.1 of 2007 arising out of Gulshan Pol..

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. ......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. ...... First Miscellaneous Appeal No. 158 of 1995. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 25-4-1995 passed by the 2nd Court of Subordinate Judge, Chittagong disallowing pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949..

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. ...... AK Badrul Huq J.- The subject matter of challenge in this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated 24-3-1999 recorded by Second Court of Assistant Judge, Dhaka in Title Suit No. 226 of 1985 allowing an application under Order 26 rule 9 of the Code..

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. ......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. ......Nos.3-5 of four Civil Revision Cases arising out of four Civil Revision Petitions under section 115 of the Code of Civil Procedure seek vacating the order dated 2-11-1999 recorded by a learned Single Judge disposing of Civil Revision cases in terms of conditions laid down in paragraph No.4 of a peti..

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.......dgment AK Badrul Huq J.- The subject-matter challenge in this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated July 18, 1999 recorded by learned District Judge, Moulvibazar in Title Appeal No. 5 of 1999 rejecting a petition presented by petitioner for co..

Category: Limitation Law | Date: | Hits: 152

Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)

....h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......etition for Leave to Appeal Nos.1265-66 of 2009. Judgment Shah Abu Nayeem Mominur Rahman J. - These two leave petitions arose out of Ti­tle Suit No.73 of 1997 filed in the Court of Assistant Judge, Sadar, Feni, seeking declara­tion that the judgment and decree obtained by the plaintiff of ..

Category: Property Law | Date: | Hits: 79

Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....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.......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.......(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 Court of the learned District Judge, Dhaka for declaration of the impugned notices (of eviction served by the Government) to be nu..

Category: Property Law | Date: | Hits: 44