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Md. Talebuddin (Taleb) Vs. State, 2009, 38 CLC (AD)
.... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ......oynul Abedin J Md. Talebuddin (Taleb)...................Petitioner Vs. The State..............................Respondent Judgment February 3, 2009. Cases Referred To- Om Prakash and others Vs. The State of Uttar Pradesh, 1983 AIR (SC) 43; Apren Josheph Vs. The State of Kerala 1......R with Jagannathpur Police Station alleging that on 22.5.97 at about 8.30 p.m. he had been going to the house of his uncle Abdul Gafur, the victim, for discussion about payment of taxes of the family properties and while he was at a distance of about 150 yards from his uncle's homestead he heard the...... the death reference and dismissed the appeals and there is no cogent reason to call for any interference. The jail petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 454. ..Category: Criminal Law | Date: | Hits: 33
Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
....ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......mad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Hague J Md. Muzamnel Hossain J Surendra Kumar Sinha J Mahmudul Huq.................................Petitioner Vs. Mostafa Kamal and others.....................Respondents Judgment February 28, 2010. Lawyers Involved: ...... on 01.09.2001 in the "Daily Ittefaque" for inviting tender for the purpose of lease of residential or commercial plots vide notice No.02/2001-2002 for a period of 99 (ninety nine) years as abandoned properties including building, structure, tree etc. standing on such plots. In the said tender 9 (ni......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...Category: Others | Date: | Hits: 81
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....eriously ill and was suffering from Chronic Asthma and bronchitis for the last 2(two) months from the date of issuing of the Medical certificate and he was unable to move and the Doctor advised him complete rest. The learned Munsif decided the miscellaneous Case on the basis of the petition for re......bsolute. Cases Referred to- A.I.R. 1920 (Cal) 467 (ChiranjilIal Ramala Vs. Tulsira Janki Das); A.I.R. 1964 (Allahabad) 342, (F.C. Davidson Vs. Mohanlal Sindhi); A.I.R. 1942(A11), 82 (Pyare Lal and others Vs. Chhotey Lal and others); A.I.R. 1925(Mad) 578 (Velovolu Ptharaju); 23 D.L.R 461, (Dac...... the 3rd Court of Munsif, Comilla against one Suruj Miah, the predecessor-in-interest of opposite party No. 1-15 and others for declaration of right, title and interest of the plaintiff in the suit properties and also for declaration that the alleged general Power of Attorney dated 15.11.63 allege......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ..Category: Procedural Law | Date: | Hits: 95
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
.... appellant and leave Jamalpur with not a single penny as actual recovery from that questionable transaction. Besides, he left no documents for his successor to follow up. We find that this is a completely cock and bull story invented by the appellant to save his skin. There were absolutely no ......t No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellaneous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judgment and order dated 5.7.87 pass......ainst one Kafiluddin Islami for recovery of a loan of Tk. 50,000/- which was obtained by Kafiluddin in 1975. The appellant obtained on 22.6.79 an ex parte order of attachment before judgment of the property mortgaged in the suit. Such properties were mentioned in the schedule to the application ......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
....t has jurisdiction, in terms of Article 103(1) "to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division." 16. The Appellate Division has also full and complete powers to receive additional evidence in the appeal, if necessary, because Article 104 of t......For Opposite Party Nos. 12 & 13. Civil Rule No. 335(F) of 1984 with Civil Rule No. 11(F) of 1985. Judgment Mustafa Kamal J. - These Rules call upon the plaintiff opposite party Nos. 1-3 and 12-13 to show cause why the judgment dated 7.12.82 passed in F.A. No. 32 of 1967 by this Divisio......ced for over 40 years. He was presumed to be dead. His share devolved upon his only surviving brother Ismail and only surviving Sister Hosen Banu. Thus Hosen Banu inherited 5/18th share of the suit property and the plaintiffs as her heirs inherited the same. The defendant No. 1 Ismail who was the ......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
.... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......epresented - the opposite party. Civil Revision No. 45 of 1987. Judgment Anwarul Huq Chowdhury J. - This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against the Judgement and decree dated 28.12.1983 passed by the learned Additional......that 0.42 decimal of land of S.A. Khatian No. 92/105 of Mouza Balatala. P.S., Khulna was owned by Parimal Kumar Nag and Nirmal Kumar Nag having their residential building standing thereon. The said property was exchanged by them with Shamsu Ghani who gave his Indian Property to them in exchange. B...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
....d any failure of justice. We find no merit in the contention of the learned Advocate-on-Record. The petition is, therefore, dismissed.
Ed.
This Case is also Reported in: 15 MLR (AD) (2010) 421.
......
Shah Abu Nayeem Mominur Rahman J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Kamaluddin Ahmed Sarwar alias Alhaj Kamaluddin Sarwar being dead his heirs Hasina Banu and others..........................................Petitioners
Vs.
Mohammad Shahjahan and ano......udgment of the Court of Appeal below observing that as the deed of contract being the sheet anchor of the suit was not exhibited through inadvertence in the trial Court, the Court of Appeal below for proper adjudication of the matter admitted the deed of contract into additional evidence and in doin...... of the Court of Appeal below observing that as the deed of contract being the sheet anchor of the suit was not exhibited through inadvertence in the trial Court, the Court of Appeal below for proper adjudication of the matter admitted the deed of contract into additional evidence and in doing so, i..
Category: Procedural Law | Date: | Hits: 68
Banesa Bibi Vs. The Senior Vice-President and others, 2009, 38 CLC (AD)
....lso failed to consider the shockingly low price of the property being at Tk. 17,10,000/- as against the prevailing market price of the property being Tk. 50,00,000/- and that auction process has been completed without following the mandatory provisions of section 12 of the Artha Rin Adalat Ain, 2003......on (Civil) Present: Mohammad Fazlul Karim Md. Joynul Abedin Shah Abu Nayeem Mominur Rahman Banesa Bibi……………………….....Petitioner Vs. The Senior Vice-President and others………......Respondents Judgment April 19, 2009. Lawyers Involved: Rokanudd......rder dated 14.05.2008 passed in Writ Petition No. 4196 of 2007 by the High Court Division discharging the Rule. 2. The petitioner hereof filed the writ petition challenging the auction sale of the property consistence of 495 ajutangsha in C.S. Plot No.1418, in C.S. Khatian No.62, J.L.No.271, Mouz...... accordance with law and no interference is called for. The petition is accordingly dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 160, 18 BLT (AD) (2010) 507, 8 LG (AD)(2011) 55...Category: Civil Law | Date: | Hits: 81
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189....... Court High Court Division (Special Original Jurisdiction) Present: MA Aziz J Md. Shamsul Huda J Azimul Kabir (Md)……………..Petitioner Vs. Government of Bangladesh and others…………………. Respondents Judgment August 1, 2001. Cases Referred To- ......y of Law, Justice and Parliamentary Affairs as well as to the Secretary, Ministry of Establishment Government of Bangladesh with an expectation that they would ask their subordinate officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ...... High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul Huq J State……......................................Appellants Vs. Kabel Molla and ors………………………...Condemned Prisoners Judgment July 27, 2002. Cases Refe......sed Shamsu Sikder has not been stated to him by the witness while examined under section 161 of the Code of Criminal Procedure. The learned Advocate also submits that the condemned prisoners were not properly examined under section 342 of the Code of Criminal Procedure and that the learned Additiona......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....to law deleting the portion and comment about possession of the parties which will be determined only by the court after recording evidence from both the sides. The learned trial Court is directed to complete the hearing on the objection against the report of the Advocate Commissioner within 3 month....... Ed. This Case is also Reported in: 54 DLR (2002) 178. ......ioner. 3. The facts of the case, in short, are that the plaintiff-petitioners filed Title Suit No. 82 of 1998 for permanent injunction and mandatory injunction stating, inter alia, that the landed properties recorded in CS plot Nos. 657, 671 and 672 of CS Khatian No.5168 described in the schedule......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175.......r the Petitioner, Md. Korban Ali, Advocate— For the Opposite Party. Civil Revision No. 693 of 2000. Judgment Nazmun Ara Sultana J.- This Rule was issued calling in question the judgment and decree dated 28-9-1999 passed by the Additional District Judge, 7th Court, Dhaka, in Family Appe......nance at the rate of Taka 2000 per month for her daughter from the defendant, but he refused. So the plaintiff has a fresh cause of action to come to court and this time since the Family Court is the proper forum having exclusive jurisdiction to entertain this claim of the plaintiff, the present sui...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...Category: Family Law | Date: | Hits: 186
....mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168.......d. Awlad Ali J.- These two reference applications at the instance of the Micro Industries Development Assistance Society (MIDAS), (hereinafter called the Society) being Reference Application No. 8/97 and Reference Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 an......
10. Pointing out the aforesaid objects clause of the assessee society it has been contended by Mr Mustafa Adil that although no trust has been created under the Trust Act but the income derived from property of the society is held under rather legal obligations wholly for charitable purposes as men......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
....bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165....... Supreme Court High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Wahidul Haque…..………….Petitioner Vs. Bangladesh and others……..Respondents Judgment January 19, 2002. Case Referred to- 48 DLR 291.......ana J.- This Writ petition has been filed seeking a direction to the respondents to implement the judgment passed in another writ petition filed by this present petitioner in respect of the self-same property. The petitioner has stated the facts, which have compelled him to file this present writ......of the High Court Division. The learned Advocate has submitted that the Government in the Ministry of Housing and Public Works has developed an illegal practice of issuing further release order after adjudication of the matter by a competent court of law and thus has been ignoring and flouting the v..Category: Property Law | Date: | Hits: 38
Ahsan Karim Jinnah Vs. Meghna Insurance Company Limited & others, 1999, 28 CLC (HCD)
.... to emphasise the insistence of compliance with the provisions of the section and the Act. 13. Sub-section (3) of section 38 of the Companies Act, 1994 contemplates that in order to be a valid and complete transfer of share for the company to register in its register of members the instrument of ...... December 11, 1999. Cases Referred To- 1977 Company Cases. (Vol.47) SC 185, 1978 Company Case (Vol. 48) 558; 1993 Company Cases (Vol.77) 97; 43 DLR 329; Mannelal Khetan Vs. Kedar Nath Khatan and others, Company Cases (Vol.47) SC 185. Lawyers Involved: Rafique-ul-Huq with Kh Mahbubuddi......mpanies Act. Section 38(3) of the Companies Act, 1994 provides that it would not be permissible in law for a company to register any transfer of share in the register of members in the absence of any proper instrument of transfer duly stamped and executed by the transferor and the transferee. Sub-se...... by rectifying its register of members. In view of the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 160. ..Category: Company Law | Date: | Hits: 203
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....y done by the other accused persons. They had no active participation in the offence. So, both the confessions are out and out exculpatory. Those are not confessions in the eye of law and, as such, completely inadmissible. Therefore, those cannot be considered under section 30 of the Evidence Ac...... High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J Quamrul Islam Siddiqui J State……………..Petitioner Vs. Al Hasib Bin Jamal alias Hasib and five others……………..Convicts (sentenced to death) Judgment August 22, 2007. Cas......Ali Bhuiyan and PW 20 Altaf Hossain were not present on the scene. The alleged story of conspiracy of killing the deceased is concocted and after-thought. In the sequel of dispute over paternal joint property the deceased was shot to death at the behest of his brothers. 8. Accused Almas absconded......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ...... (2007) 646. ......f Saidur Rahman alias Chan Miah and others vs. State, reported in 40 DLR (AD) 281, it has been held that: "Since, however, the appellants were not covered by a legal order of interim bail, the proper order the learned judge ought to have passed and which is always usually passed in such cases......de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ..Category: Criminal Law | Date: | Hits: 97
Ali Ashraf Mia Vs. Chairman, First Court of Settlement and others, 2006, 35 CLC (HCD)
....interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ...... Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Ali Ashraf Mia……………………..Petitioner Vs. Chairman, First Court of Settlement and others……………Respondents Judgment June 27, 2006. Lawyers involved:......Ka-44 Block-B, Babar Road, Dhaka) and Case No. 65 of 1990 (Ka 45 Block B Mohammadpur, Dhaka) should not be declared to have been passed without lawful authority and are of no legal effect and why the properties in question should not be excluded from the list of Abandoned Property published in the o......interference by this Court. Accordingly, both the aforesaid Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 640. ..Category: Property Law | Date: | Hits: 39
Executive Engineer, Roads and Highways Vs. Naderuzzaman and others, 2007, 36 CLC (HCD)
....t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ...... also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ......umgonj, Noakhali rejecting the prayer for temporary injunction in Title Suit No. 94 of 2001 should not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2.The opposite party No. 1 as the plaintiff through his attorney Abul Kashem filed Title ......t the time of the issuance of the Rule and extended subsequently is vacated. Send down the lower court records. Ed. This Case is also Reported in: 59 DLR (2007) 637; 13 MLR (HCD) (2008) 137. ..Category: Procedural Law | Date: | Hits: 75
Bellal Hossain (Md) & others Vs. Md. Yasin Ali Mondal and ors., 2007, 36 CLC (HCD)
....ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ...... (Civil Revisional Jurisdiction) Present: SM Ziaul Karim J Bellal Hossain (Md) & others………………Pre-emptee-Petitioners Vs. Md. Yasin Ali Mondal and others....……….Opposite Parties Judgment February 4, 2007. Result: The......y the learned Assistant Judge-in-Charge, Naogaon in Miscellaneous Case No. 11 of 1995 should not be set aside and or pass such other order or further order or orders as to this Court may deem fit and proper. 2. Short facts leading to this Rule are that on 15-3-1995 the pre-emptor (herein oppo......ed earlier by this Court stands vacated. Send down the lower Court's record at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 634. ..Category: Property Law | Date: | Hits: 23
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