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Shahabuddin Chisti Vs. Rajdhani Unnayan Katripakhya and another, 2008, 37 CLC (AD)

.... and order dated 03.08.2004 passed by the High Court Division in First Appeal No.219 of 2003 allowing the appeal setting aside the judgment and decree dated 20.02.2003 passed by the Joint District Judge, 1st Court, Dhaka in Title Suit No. 99 of 1999 decreeing the same. 2. The facts of the...... Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009), 73; VI ADC (2009) 271. ......efendant No.1 contested the suit filing written-statement contending, inter alia, that the suit plot was acquired in L.A. Case Nos. 55 of 58-59 and 10 of 63-64 and is part of Gulshan Lake and that Bangladesh Environment Ainjibi Samity filed Writ Petition No.2482 of 1998 wherein an ad-interim ord..

Category: Property Law | Date: | Hits: 40

Abdur Noor Chowdhury Vs. State and another, 2007, 36 CLC (AD)

....rd and the law involved rejected the  application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......and the law involved rejected the  application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......aw involved rejected the  application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ......rd and the law involved rejected the  application under section 561A Cr. PC summarily. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 268. ..

Category: Criminal Law | Date: | Hits: 45

State Vs. Abdur Rahim Shikder, 2008, 37 CLC (AD)

....shy;ing the appeal (Heard analogously with Criminal Appeal No. 811 of 1990) thereby setting aside the judgment of conviction and sentence dated 07-07-1990 passed by the learned Additional Sessions Judge, Tangail in Sessions Case No. 56 of 1987 convicting the accused-appellant under Sections 364 ......ned by the learned Advocate for the petitioner merits no con­sideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......e learned Advocate for the petitioner merits no con­sideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ......signed by the learned Advocate for the petitioner merits no con­sideration. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 265. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Md. Firoj Ahmed, 2007, 36 CLC (AD)

....In the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......the above facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ...... facts and circumstances of the case we find no merit in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 263. ......ther found that the case does not come under the mis­chief of Section 25B (1) (a) and (b) of the Special Power Act, 1974, Since the peti­tioner and others were arrested from a place within Bangladesh which is far away from the boarder of the country and found no prima facie evidence on r..

Category: Criminal Law | Date: | Hits: 37

Md. Dawad Ali Sardar Vs. Kazi Mujibar Rahman & others, 2008, 37 CLC (AD)

.... Additional District Magistrate, Satkhira and by judgment 04.06.1995 convicted the accused petitioner. Being aggrieved, he pre­ferred Criminal Appeal No. 28 of 1995 before the learned Sessions Judge, Satkhira and the appellate Court after hearing dis­missed the appeal by judgment and ord......n 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ......tion 307 of the Penal Code because that would be a futile exercise. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 260. ..

Category: Criminal Law | Date: | Hits: 38

Misir Ali and another Vs. State, 2007, 36 CLC (AD)

....d 19.11.2003 passed by the High Court Division dismissing the Criminal Appeal No.878 of 1994 upholding the judgment and order of conviction and sentence dated 25.06.1994 passed by learned Sessions Judge and Special Tribunal. Hobiganj in Special Tribunal Case No.22of 1994. 2. The facts, in......;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ......shy;ment of the High Court Division calling for interference by this Court. In the result, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 258. ..

Category: Criminal Law | Date: | Hits: 36

State Vs. Nantu Biswas and others, 2008, 37 CLC (AD)

....nal Appeal No. 20 of 1990 acquit­ting the respondents and dismissing Criminal Appeal No.20 of 1990 which arose out of Sessions Case No.3 of 1989 of the Court of the learned Additional Sessions Judge, Kushtia wherein respondents were found guilty of the charge under Sections 302/34 of Banglad......are found guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ...... guilty under Sections 302/34 B.P.C and they are directed to serve the remaining period of their sentence if any. Ed. This Case is also Reported in: VI ADC (2009) 254. ...... The State .............................Appellant Vs. Nantu Biswas and others…..........Respondents Judgment August 3, 2008. Cases Referred To- Bangladesh Vs. Giasuddin and others, 51 DLR (AD) 103; Krishna Mochi and others Vs. State of Bihar, ..

Category: Criminal Law | Date: | Hits: 84

Md. Habibur Rahman Islam Vs. Secretary, Ministry of LGRD, 2007, 36 CLC (AD)

....y;ingly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......ngly the above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ......above decision of the High Court Division does not call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 252. ...... Habibur Rahman Islam……………………...Petitioner Vs. The Secretary, Ministry of Local Government and Rural Development, Government of Bangladesh, Bangladesh Secretariat, Ramna, Dhaka & others........Respondents Judgment ..

Category: Property Law | Date: | Hits: 21

M. Tofazzal Ahmed Vs. Jashim Uddin Haydar Faruque, 2007, 36 CLC (AD)

....er dated 30.08.2005 passed by the High Court Division in Civil Revision No. 51 of 2004 making the Rule absolute setting aside the judgment and order No. 16 dated 30.10.2003 passed by the Additional Judge, 2nd Court, Chittagong in Miscellaneous Appeal No. 276 of 2002 affirming of those dated 30.0...... for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ......petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ......ate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 250. ..

Category: Trust/Waqf Law | Date: | Hits: 210

Giasuddin Chowdhury & anr Vs. Military Estate Officer, Central Circle, Dhk, 2008, 37 CLC (AD)

....sed by the High Court Division in Civil Revision No. 1810 of 2005 making the Rule absolute. 2. Short facts are that plaintiffs instituted Title Suit No. 324 of 1999 in the Court of Assistant Judge, 2nd Additional Court, Dhaka for restraining the defendants from trespassing into the suit l...... cogent reason to differ with the judg­ment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......eason to differ with the judg­ment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ......any cogent reason to differ with the judg­ment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 248. ..

Category: Property Law | Date: | Hits: 22

Nekbar Ali Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

.... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ......b­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ......nce in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 246. ......rim J Md. Tafazzul Islam J Md. Joynul Abedin J Nekbar Ali………………………......Petitioner Vs. Government of Bangladesh and others……........Respondents Judgment November 25, 2007. ..

Category: Property Law | Date: | Hits: 22

Harunullah Akhand Vs. Abdul Latif & others, 2006, 35 CLC (AD)

....urt Division in Civil Revision No. 3214 of 1997 making the Rule absolute. 2. Short facts are that the plaintiff institut­ed Title Suit No.76 of 1992 in the Court of Additional Assistant Judge, 1st Court, Gazipur for declaration of title, stating, inter alia, that an area of 2 acres of......t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......n. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 243. ......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 243. ..

Category: Property Law | Date: | Hits: 34

Md. Delowar Hossain Vs. Md. Nurul Hoque and others, 2007, 36 CLC (AD)

....submissions of the learned Advocate for the petitioner merit no con­sideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ......missions of the learned Advocate for the petitioner merit no con­sideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ......of the learned Advocate for the petitioner merit no con­sideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ......submissions of the learned Advocate for the petitioner merit no con­sideration. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 241. ..

Category: Civil Law | Date: | Hits: 81

Mojibar Matubbar and others Vs. Abdul Hamid Matubbar, 2008, 37 CLC (AD)

....d 24.6.1999  passed by the High Court Division in Civil Revision No. 1482 of 1996 making the rule absolute and thereby reversing the judgment and decree dated 29.07.1987 passed by Subordinate Judge, Shariatpur in Title Appeal No.160 of 1986 allowing the appeal and there by setting aside the......s legal infirmity and is liable to be set aside. The appeal is therefore allowed with­out any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......nfirmity and is liable to be set aside. The appeal is therefore allowed with­out any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ......fers legal infirmity and is liable to be set aside. The appeal is therefore allowed with­out any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 238. ..

Category: Property Law | Date: | Hits: 25

Azaharuddin Ahmed Vs. T. N. T. others Board and Others, 2007, 36 CLC (AD)

.... sub­stances in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 236. ......b­stances in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 236. ......nces in the submissions of the Advocate for the petitioner. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 236. ...... High Court Division in Writ peti­tion No. 3601 of 1996 discharging the Rule with a cost of Tk. 5,000.00. 2. The petitioner is a subscriber of tele­phone provided by respondent No.1, Bangladesh Telegraph and Telephone Board (BTTB). The only grievance agitat­ed by the petitioner..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Raghunath Sarker Vs. Ramnath Sarker, 2008, 37 CLC (AD)

....order dated 21.5.2001 passed by the High Court Division discharging the rule in Civil Revision No. 448 of 2000 filed against the judgment and decree dated 25. 08. 1999 passed by Additional District Judge, 5th Court, Dhaka, in Title Appeal No. 333 of 1999 reversing those dated 31.05.1999 of the A...... of the opinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......pinion that the appeal has got no merit and accordingly, the same is dis­missed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 232. ......e other, the plaintiff which is not permitted under the law and the instant case, involves a question of law to great public importance as to whether a Hindu governed by Dayabhaga school of law in Bangladesh could transfer his entire property only to one son depriving his other son. 6. We..

Category: Property Law | Date: | Hits: 24

Shahabuddin and others Vs. Mahtab Uddin & others, 2006, 35 CLC (AD)

....Division in Civil Revision No.3195 of 1998 making the Rule absolute.  2. Short facts are that the plaintiffs instituted Title Suit No. 269 of 1966 in the Court of Munsif(now Assistant Judge), Borolekha, Moulvibazar impleading one Abdul Huque the predecessor in interest of the presen......rect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 229. ......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: VI ADC (2009) 229. ..

Category: Property Law | Date: | Hits: 23

Md. Ashrafuzzaman & others Vs. Bangladesh Chemical Industries Corporation & ors, 2007, 36 CLC (AD)

.... correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......rrect assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......essment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 226. ......nbsp; Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Md. Ashrafuzzaman & others…............Petitioners Vs. Bangladesh Chemical Industries Corporation & others…...Respondents Judgment ..

Category: Employment/Service Law | Date: | Hits: 76

Ranju Roy and other Vs. Jibesh Ranjan Roy and others, 2007, 36 CLC (AD)

....of 1997 discharging the Rule. 2. Facts, in brief, are that Mohen Bashi Roy, the predecessor of the petitioners, filed Title Suit No.36 of 1985 in the Court of the then Munsif (now Assistant Judge), Derai, Sunamganj for declaration of his right, title and interest in the suit land and for ......infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ...... in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ......r infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 223. ..

Category: Property Law | Date: | Hits: 22

Bangladesh Vs. Md. Abdur Rob and others, 2005, 34 CLC (AD)

....nt of the plaint and then sending back the suit on remand to the trial court for fresh hearing. 2. The respondents, as plaintiffs, filed Title Suit No. 89 of 1995 in the Court of Subordinate Judge (now Joint District Judge), First Court, Comilla, seeking dec­laration of title and after......t Appeal No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ......No.79 of 1990 is sent back to the High Court Division for disposal on merit. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 219. ...... Appellate Division (Civil) Present:    Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, repre­sented by the Deputy Commissioner, Comilla and others ..........Appellants ..

Category: Civil Law | Date: | Hits: 107