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Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)

....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. ......l 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 undertaking not to repeat the ......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 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. ...... 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. ...... 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)

.... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ......ent January 6, 2008. The State Acquisition and Tenancy Act, 1950 (XXVII of 1951), Section 96 The pre-emptee having failed to prove that the pre-emptor was offered to buy the case land in the first place and he refused to buy the same and consented to the sale no question o...... January 6, 2008. The State Acquisition and Tenancy Act, 1950 (XXVII of 1951), Section 96 The pre-emptee having failed to prove that the pre-emptor was offered to buy the case land in the first place and he refused to buy the same and consented to the sale no question of wai..

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. ...... plaintiffs had exclusive possession over the suit land and the defendant illegally dispossessed the plaintiffs from the suit land. The learned counsel further submits that the D.Ws. 1 and 2 proved case as regards possession of the defendant in the suit land and further his share is separate whi......002 discharging the Rule. 2. The respondents, as plaintiffs, instituted Title Suit No. 24 of 2001 in the 2nd Court of Joint District Judge, Dhaka for recovery of khas possession of the suit land under section 9 of the Specific Relief Act on the averments that the suit land originally belo..

Category: Property Law | Date: | Hits: 23

Nazrul Islam Vs. State, 2007, 36 CLC (AD)

....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. ......presented- 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. 5858 of 1999) Judgment          &nbs......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. ......ch Section and to pay a fine of TK. 1000. 00 under each Section in default to suffer simple imprisonment for 1 (one) month more by the judgment and order dated 25.04.2000. 2. The prosecution case, in short, is that on 01.09.1998 the complainant Mahbubul Alam Akan lodged a petition of comp......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. ..

Category: Criminal Law | Date: | Hits: 42

Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

....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. ...... Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Ameena Ahmed......................................Petitioner (In all the cases) Vs. Government of the People's Republic of Bangladesh represented by the Secre......ating, inter-alia, that C.S. Plot Nos.76, 77, 78, 79, 80, 81 and 82 of Mouza Baipile and C.S. Plot Nos.731, 732, 733, 746 and 749 of Mouza Ganakbari are situated contiguously and in a block. Total land of those plots is 8.50 acres and the said land is demarcated by iron grills and R.C.C. pillar ..

Category: Property Law | Date: | Hits: 31

Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)

....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. ...... respondent No.1 contested the suit contending that the suit as framed was not maintainable and the petitioners had no title and possession in the land covered by the alleged exchange deeds; in the case of Md. Jashimuddin (Kanchan) Vs. Md. Ali Ashraf reported in 11 BLD (AD) 101 it has been held ......rments that Golak Sarder and Ramgati Sarder were the owners in possession of the suit property to the extent of 12 annas and 4 annas respectively covering an area of 5061/4 acres and 168% acres of land in schedule K of the plaint; Golak died leaving wife named Gunamala and Ramgati died leaving o..

Category: Property Law | Date: | Hits: 33

Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)

....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. ......eel, measuring 89.99 acres of land under Sadar Thana of Sunamganj District, originally belonged to Dewan Aftabur Raza Chowdhury Wakf Estate, subsequently Government acquired 12 annas shares of the case fisheries under the State Acquisition and Tenancy Act, 1950; the appellant petitioner as joint...... arising out of F.A.T. No.408 of 2005 making the Rule absolute. 2. The short fact relevant for disposal of the rule is that the Suit property is Rowafata Rowa beel, measuring 89.99 acres of land under Sadar Thana of Sunamganj District, originally belonged to Dewan Aftabur Raza Chowdhury W..

Category: Property Law | Date: | Hits: 50

Bangladesh Vs. Md. Waziullah, 2008, 37 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: 13 MLR (AD) 2008, 161. ......t 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 Police Servic...... 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)

....irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ...... No.314 of 2005) Md. Hossain Heron and others........Petitioners (In Criminal Petition No. 315 of 2005) Vs. The State ...................................Respondent (In both the cases) Judgment August 5, 2007. Lawyers Involved: M. K. Rahman, Advocat......Court of Divisional Special Judge, Chittagong, stating, inter alia, that on 27.01.1990 Mr. Shafiqul Islam, Inspector, Bureau of Anti-Corruption, lodged an FIR stating that an area of 1.66 acres of land with buildings at Sardar Bahadur Nagar, Mouza Pahartali, Chittagong was declared as an abandon..

Category: Criminal Law | Date: | Hits: 43

Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)

.... 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. ......t assessment of the materials on record arrived at a 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. ...... 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

Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)

....s right in making the Rule absolute. Accordingly, the leave petition is dismissed.  Ed.      This case is also Reported in: 13 MLR (AD) 2008, 140. ......ed to Naju and Tamizur Rahman each having 8 annas share. Nazu died leaving the pre-emptor and the pre-emptee Nos.16-23 as his heirs. In this way the pre-emptor is a co-sharer by inheritance in the case holding. One Nazir Ahmed disclosed on 25th Magh 1392 B.S. that Tamizur Rahman had transferred ......ior Assistant Judge, Chakaria Cox's Bazar in respect of the kabala dated 20.02.1973 executed by Tamijur Rahman,the predecessor of the pre-emptee Nos.6-15 in respect of an area of 1.6 acre from the land appertaining to mouza Pekua Police Station Chakaria, M.R.R. Khatian No.869, Plot No.386 conten..

Category: Property Law | Date: | Hits: 29

Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)

....mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......ision but the High Court Division summarily rejected the revisional application holding, inter alia, that the petitioner, having lost their ownership of the suit land in the pre­emption case, are no longer owners of their homestead the suit land and as such they do not come within the......her Class Suit No.182 of 2000 praying for permanent injunction on the averments that Salimuddin Mondal, the predecessor of the plaintiffs, by Deed of Sale No.8349 dated 27.3.1975 purchased the suit land from the original owner Samiruddin Mondal and then he constructed a house and planted trees th..

Category: Property Law | Date: | Hits: 60

Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)

.... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ......ar Hossain alias Masudur Rahman respondent No.2 filed a petition of complaint on 14-09-2000 in the Court of learned Chief Metropolitan Magistrate, Dhaka, alleging inter-alia, that he purchased the case house described in the schedule of the petition of complaint vide registered deed No.1558 date...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..

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. ......tion 394/34 of the Penal Code and sentencing them for different periods arising out of Lalbag Police Station Case No.3(9)86 dated 06.09.1986 and G.R. Case No.5629 of 1986. 2. The prosecution case, in brief, is that P.W.2, Abdul Hye was serving in the Saudi Arabia. He brought $5400 from Sa......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. ..

Category: Criminal Law | Date: | Hits: 40

Md. Sirajul Islam Vs. State, 2007, 36 CLC (AD)

....irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ...... sentence was passed under section 5(2) of the Prevention of Corruption Act,1947 (Act II of 1947). The sentences passed in respect of the convict-appellant were to run concurrently. 5. Prosecution case was that the convict-appellant was a rent collector of Rajshahi City Corporation and while he w......irmity in the judgment of the High Court Division calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 118. ..

Category: Anti-Corruption Laws | Date: | Hits: 111

Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)

....as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ......plaintiff to execute the deed as the Sub-Registrar Office was going to be closed for the day. The plaintiff on bonafide belief and trust executed and registered the deed on the same date. The further case of the plaintiff was that he never sold the suit land to the defendant No.1. The plaintiff rema......ed 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 No. 75 of Mouza Korabari within P.S.Kosba, District-Brahmanbaria..

Category: Tenancy Law | Date: | Hits: 174

Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)

....the discussion made above, we do not find any merit in this petition.     The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 114. ......y submits that in Mymensingh town the possession of shop premises is allowed to be sold and the vendee purchasing possession of the premises becomes legal tenant of the landlord and in the instant case the defendant no.2 to the knowledge of the plaintiff purchased possession from the defendant n......to be evicted and that the plaintiff respondent issued notice under Section 106 of the Transfer of Property Act upon the defendant and so the relationship between the plaintiff and the defendant as landlord and tenant was terminated and that the plaintiff came to learn that the defendant sub-let..

Category: Property Law | Date: | Hits: 31

Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)

....we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ......5 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 ejectment of monthl......nce the impugned judgment and decree is liable to be set aside. That the High Court Division was wrong in holding that the petitioner changed the nature of the suit premises without permission of the landlord though the respondent stated in his cross examination in S.C.C. suit that the premises is a..

Category: Tenancy Law | Date: | Hits: 184