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Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....ages have been inserted and in all likelihood some pages have been removed from the file. Considering the above the Court of Settlement dismissed the cases. The High Court Division taking the above facts into consideration particularly the fact that correspondence after 17.1.11.1975 is missing an......hul Amin J Md. Tafazzul Islam J Shadharan Bima Corporation...........................Petitioners (In both the cases) Vs. The First Court of Settlement and other................Respondents (In both the cases) Judgment January 26, 2006. ......de purchaser for value without notice, cannot be denied of their title and interest in the above plot. 4. As it appears the Court of Settlement found that neither of the parties adduced any evidence in support of their claims but the files of the Ministry of Works, which were made availab..Category: Property Law | Date: | Hits: 41
Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)
.... petition for leave to appeal is directed against the judgment and order dated 06.08.2005 passed by the High Court Division in Writ Petition No.4404 of 2003 making the Rule absolute. 2. The facts, in short, are that the respondent No.1 as petitioner filed Writ Petition No.4404 of 2003 con......ion (Civil) Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J Ayen Ali Howlader...................Petitioner Vs. Nazir Ahmed and others…………….Respondents Judgment November 28, ......ent and order passed by the Land Appeal Board. We find no merit in this leave petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 224. ..Category: Property Law | Date: | Hits: 29
Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)
....issions of the learned Counsel appearing for the petitioner. 17. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 221.......ate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record- For the Appellant. Not Represented- For the Respondent. Civil Petition for Leave to Appeal No. 258 of 2005 (From the judgment and order dated 14th December, 2004 passed by the High Court Division in Civil Revision No.1931 of 2......ons including criminal cases between Abdur Rab and Rabiul Awal. 12. The power of attorney was never produced in Court, A copy of said power of attorney was however, produced by the Ministry but no evidence was adduced to prove execution of said power of attorney by Nasim Razzak. In the absence of..Category: Tenancy Law | Date: | Hits: 180
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....dingly begged for unconditional and unqualified apology to the Court and threw themselves at the mercy of the Court. 6. We have heard the learned Counsels for the parties and considered the facts and circumstances of the case together with the unqualified and unconditional apology with an......pellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M. A. Aziz J Amirul Kabir Chowdhury J Abul Kalam Azad and others .............................Appellants Vs. Mohammad Iqbal Hossain & ......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ..Category: Criminal Law | Date: | Hits: 47
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
....of the defendants said to have died before the filing of the suit, against the defendant Nos.1 and 2 the Rule is liable to be discharged. 8. The High Court Division in the background of the facts and materials on record observed "The petitioner is a contesting defendant by filing wri...... Ruhul Amin CJ M.M. Ruhul Amin J Md. Hassan Ameen J A.F.M. Wahid Shahjahan.........Petitioner Vs. Subordinate Judge (now Joint District Judge), 3rd Court Dhaka and other……………Respondents Judgment August 2, 2007. ...... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ..Category: Civil Law | Date: | Hits: 105
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....y leave is directed against the judgment and order dated 30.6.2002 passed by a Single Bench of the High Court Division in, Civil Revision No.1727 of 1995 discharging the Rule. 2. Relevant facts are that Mizanur Rahman and Yakub All owned and possessed .42 acres of land of Plot No.31 of ...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Dewan Ali..........................Appellant Vs. Md. Jasim Uddin and others .......Respondents Judgment January 6, 2008. The State Acquisitio......tition for leave to appeal. 7. Leave was granted to consider the submissions whether the learned Single Judge of the High Court Division erred in failing to hold on the basis of the evidence and materials on record that the pre-emptor had knowledge of the kabala under pre-emption ..Category: Property Law | Date: | Hits: 32
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
....rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ...... (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Maruf Hossain (Swopon)........Petitioner Vs. Diljan Bibi and others........Respondents Judgment May 27, 2007. Lawyers Involved: ...... the defendant that the defendant possessed the suit land, the claim of the defendant that he possessed the suit land and that he did not dispossess the plaintiff therefrom has no leg to stand; the evidence adduced by both the parties show that the defendant did not possess the suit land prior t..Category: Property Law | Date: | Hits: 23
Nazrul Islam Vs. State, 2007, 36 CLC (AD)
....s directed against the judgment and order dated 10.05.2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.5858 of 1999 discharging the Rule. 2. Short facts are that F.I.R. was lodged against the accused petitioner alleging, inter alia, that the accu......instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Not represented- Respondent. Criminal Petition for leave to Appeal No. 269 of 2005. (From the judgment and order dated 10.05.2005 passed by the High Court Division in Criminal Miscellaneous case No. 58......ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ..Category: Criminal Law | Date: | Hits: 29
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ...... Zahurul Islam Mukul, Deputy Attorney General, instructed by Md. Sajjadul Huq, Advocate-on-Record- For the Respondent Criminal Appeal No. 60 of 2003. (From the judgment and order dated the 10th November, 2002 passed by the High Court Division in Criminal Revision No. ......under Section 406/420 of the Penal Code and held trial in accordance with law. 3. The prosecution examined 5 witnesses before the trial Court. The trial Court on consideration of these oral evidence as well as the documentary evidence adduced by the prosecution, found the accused guilty u..Category: Criminal Law | Date: | Hits: 42
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....This petition for leave to appeal is directed against the judgment and order dated 30.08.2005 passed by the High Court Division in Writ Petition No.5513 of 1996 discharging the Rule. 2. The facts, in short, are that the Writ Petition No.5513 of 1996 was filed by the petitioner before the ...... Ameena Ahmed......................................Petitioner (In all the cases) Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Land, Bangladesh Secretariat, P.S. Ramna, District-Dhaka and ors................Respondents (In all......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..Category: Property Law | Date: | Hits: 31
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....hat she had the legal character or the right to property she claimed and unless she could prove such legal character or right to property she could not be given any such declaratory relief and the facts and circumstances of the above reported cases being similar to the facts and circumstances of......MLR (AD) 2008, 168. ......n of the High Court Division so as to call for any interference. 7. The petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 116; 13 MLR (AD) 2008, 168. ..Category: Property Law | Date: | Hits: 33
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....he said right was recognized by the Government in leasing out the suit Jalmohal by order dated 28.05.1973. 5. It was argued that the High Court Division failed to consider that the material facts of the instant case are different from those in the case decisions namely Md. Sanu Miah versu......ge: Tegharia, Police Station: Sunamgonj Sadar, District-Sunamgonj....Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Sunamgonj and others........Respondents Judgment December 10, 2007. Case Referred To- ......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..Category: Property Law | Date: | Hits: 50
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
....rected against the order dated 14.05.2007 of the Administrative Appellate Tribunal, Dhaka in Appeal No. 33 of 2007 in rejecting the Memorandum of Appeal as barred by limitation. 2. The short facts of the case is that the respondent, Md. Wazilullah was born on 01.01.1954 and joined in the ......Division (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hasaan Ameen J Bangladesh represented by the Secretary, Ministry of Home Affairs and others .......................Petitioners Vs. Md. Waziullah............................ substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ..Category: Administrative Law | Date: | Hits: 120
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....02.1989, and they being bonafide purchasers for value after 26.12.1988 i.e. completion of occurrence as shown in the FIR, can not be proceeded within the impugned proceedings; further in the above facts and circumstances the allegation against petitioners to the effect that “Bangla…...... Supreme Court Appellate Division (Criminal) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Khizir Haider and others.................Petitioners (In Criminal Petition No.314 of 2005) Md. Hossain Her......t the properties purchased by them from the above property were not abandoned property; further whether the petitioners, in connivance with the other accuseds, committed the offence is a matter of evidence to be decided at the time of trial. Further section 195(1) of the Code of Criminal Procedu..Category: Criminal Law | Date: | Hits: 43
Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)
....rty No.1 applicant (during the period of suspension) from July, 2005 and continue to pay the same till disposal of the Rule in accordance with relevant rules of the Education Board. 2. Short facts are that the plaintiff instituted Other Class Suit No.101 of 2005 in the Court of the Assista......ul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Fatema Jinnah Multilateral Girls High School, represented by its Chairman-Upazila Nirbahi Officer, Chandanaish, District-Chittagong............Petitioner Vs. Aradhana Chowdhury & othe...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 143. ..Category: Employment/Service Law | Date: | Hits: 83
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....d 471 of the Penal Code which, is pending in the Court of learned Chief Metropolitan Magistrate, Dhaka and the High Court Division, upon hearing the parties and in consideration of the facts and circumstances of the case, discharged the Rule. Being aggrieved and dissatisfied thereby ...... ......hat fact remains whether a deed, which has been referred to is forged and the facts alleged constitute offence under Sections 420/465/467/468/471 of the Penal Code are yet to be decided by adducing evidence and under this facts and circumstances, the proceeding can not be quashed. 7. We ha..Category: Criminal Law | Date: | Hits: 39
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ...... Advocate-on-Record- For the Petitioner None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 2006 passed by the High Court Division in Criminal Appeal ......zak and recovered $3000 from the boot shoe of Habilder Abdur Razzak. P.W.12 inspector Nasiruddin investigated the case and submitted charge sheet against the accused. 12. It appears from the evidence of P.W.1 Abu Taher that on 01.09.1986 of 4:00 p.m. P.W.1 along with P.W.3 Abul Kashem and..Category: Criminal Law | Date: | Hits: 40
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....r leave to appeal is directed against the judgment and order dated 11.02.2002 (passed by a Single Bench of the High Court Division in Civil Revision No.4088 of 1991 discharging the Rule. 2. Short facts are that the plaintiffs proposed to mortgage 10 gondas of land of Plot No. 53 of C.S. Khatian ......dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......ssain, the learned Advocate-on-Record for the petitioner and perused the judgment of the High Court Division and other connected paper. 5. It appears that the appellate court below disbelieved the evidence of P.W.2 Nannu Mia as there were inherent contradictions in his evidence and no other witne..Category: Tenancy Law | Date: | Hits: 174
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
....nt with effect from May 1996 and as such was liable to be evicted and hence correctly decreed the suit. 17. The learned Single Judge of the High Court Division paid due consideration to the facts and circumstances and arrived at the decision in accordance with law and thus reversed the ju...... Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Md. Sirajul Haq...........................Petitioner Vs. Md. Abdul Halim and another.............Respondents Judgment March 18, 2007. &......remises and that no notice was issued upon him terminating the tenancy and that there was no cause of action for the suit and the suit was liable to be dismissed. 6. The trial court recorded evidence of parties and dismissed the suit. 7. The High Court Division by the impugned judg..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....ted 13.03.2005 passed by the High Court Division in Civil Revision No.1541 of 2001 making the Rule absolute with a direction to evict the present petitioner from the suit premises. 2. The relevant facts of the case are that the respondents as plaintiffs filed S.C.C. Suit No. 13 of 1996 for ejectm......Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Md. Rezaul Ahsan.................Petitioner Vs. Salamat Miah Wakf Estate, represented by the Mutwalli Amir Sultan Ali Haider and others................Respondents Judgment May 3, 2007. Lawyers Involved: Mahbubey A......r as DW 2 of the S.C.C. suit stated in his deposition, that he and his brother Swapan Kumer are the managers of the hotel under the petitioner and accordingly, the trial Court on consideration of the evidence on records and exhibits dismissed the plaintiff's suit but the High Court Division without ..Category: Tenancy Law | Date: | Hits: 184
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