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Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
.... continue as such. The learned Counsel has further submitted that section 4 of the Muslim Marriage and Divorce (Registration) Ordinance of 1982 provides for unfettered right to the Government to make discretionary and arbitrary orders in curtailing area for which licence has already been granted to ......strar area of the Writ Petitioner without any opportunity of being heard. 25. The Rule has been contested by the respondent No.4 denying the allegation stating, inter alia, that the authority is empowered to alter, curtail or extend the limit of area and, as such, curtailment has not violated any......16, 3822, 3313 of 1998, 124 of 1999, 3965, 2515, 2925, 3423, 3823, 3312, 3214, 3326, 3622 of 1998, 4946 of 1997 & 3029 of 1998). Obaidur Rahman Mostafa with Md. Moshfiqur Rahman Khan, Deputy Attorney-Generals- For the Respondent No. 1. (In all above Writ Petitions). Writ Petition Nos. 2419......llegal and alleged deposit of money in the treasury does not make the petitioner a Nikah Registrar. It is not the District Registrar but the Government respondent Nos.1 and 2 who are the authority to grant licence to Nikah Registrar or revoke the same. The Government never withdrew the order revokin..Category: Constitutional Law | Date: | Hits: 109
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......e plaintiffs is incompetent. In deciding the prima facie case the learned Additional District Judge went to the extent of deciding the maintainability of the suit. Mr. Hassan Ariff has questioned the power of the Appellate Court in making any decision as to maintainability of the suit saying that wi......ssan Arif Advocate—For the Petitioner. Syed Ziaul Karim, Advocate—For the Opposite Parties. Civil Revision No. 274 of 2000. Judgment Md. Awlad Ali J.- This Rule arose out of interlocutory injunction order and is directed against the Judgment and order dated 25-10-1999 passed by the ......ce, 1984 and Rule 26(1) of the Co-operative Societies Rules, 1987. 4. The plaintiff in the suit made an application praying for temporary injunction whereupon an order of ad interim injunction was granted. The defendants entered appearance and took several adjournments for filing written objectio..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......g the record of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledge, the High Court Division may in its discretion exercise any of the powers conferred on a Court of Appeal by sections 423, 426, 427 and 428 or on a Court by section 338......d another 37 DLR 164. Lawyers Involved: Md. Nazrul Islam Talukder, Advocate—For the Petitioner. Md. Mozammel Huq, Advocate- For the Opposite Party No. 2. AKM Zahirul Haque Assistant Attorney- General—For the State. Criminal Revision No. 717 of 1999. Judgment Md. Abdul Azi......ivision being incompetent against the judgment and order made under section 439A of the Code of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226...Category: Criminal Law | Date: | Hits: 40
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
......andatory injunction upon an interlocutory application. Court acts though in rare case when the facts of the case demand such action. In the case of Md. Ashid Ali, 22 DLR 694, it was so held that such power is rarely exercised and could be used only when there is an imminent grave danger to life o pr...... Reja, 47 DLR 170; Renu Begum Vs. Kazi Liakat Ali, 50 DLR (AD) 142; Abdul Barek Vs. Serajul Islam, 20 DLR 501; Abdul Jalil Vs. Abu Baker Siddique, 35 DLR (AD) 42; Barada Sundari Paul Vs. Assistant Custodian, Enemy Property and others; 15 BLD (AD) 95 in para 23; Razia Begum Vs. Shahebzadi Anwara Begu......essing the suit land formed the plaintiff-samity. On 24-12-96 defendant No.1 Waqf Administrator served a notice of eviction upon them. Thereafter, through negotiation defendant No. 3 Official Mutwali granted them lease for five years and the shoppers executed and registered Kabuliyat on 07-01-98.
..
Category: Civil Law | Date: | Hits: 84
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......assing the impugned order, occasioning a grave failure of justice this Court is competent to give the deserved relief to the aggrieved party in the interest of justice in exercise of the its inherent power for preventing an abuse of the process of the Court and for securing the ends of justice. We g......f the suit the defendant paid the plaintiff Bank an amount of Taka 4,00,000.00 in respect of the claims of the Bank. Eventually the defendant opposite party did not appear before the Artha Rin Adalat to contest the suit. The suit was ultimately decreed ex-parte on 23-3-93 for an amount of Taka 9,23,...... learned Advocate appearing for the petitioner, submits that the learned execution court evidently erred in law going beyond the decree by exempting 60% of the interest on the principal amount and by granting instilments much beyond the prescribed time and the same has occasioned failure of justice...Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......the trial Court compared the LTI and came to a positive finding that the LTI appearing in the sale deed dated 15-1-1964 is the LTI of the plaintiff, the appellate Court also should have exercised his power under section 73 of the Evidence Act and should not have allowed the prayer of the plaintiff a......ty No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge, Dhaka for declaration and cancellation of deed and for permanent injunction. The suit was transferred to the Court of First Additional Assistant Judge and ultimately to the Third Court of Senior Assista......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...Category: Procedural Law | Date: | Hits: 90
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....judicata in the instant suit, and the trial Court, if the quesÂtion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......judicata in the instant suit, and the trial Court, if the quesÂtion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......¦.....Respondents Judgment July 5, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1179 of 2008. (From the judgment and order dated 25.09.2007 passed by the High Cour......judicata in the instant suit, and the trial Court, if the quesÂtion is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ..Category: Procedural Law | Date: | Hits: 95
....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.......lowed if the suit is disposed of on a preliminary point or that if the appellate Court thinks it proper it may direct the suit to be remanded to decide on what issues the suit would be tried but this power should be used sparingly. On assessÂment of the evidence on record we find that the parties h......
Kamal-ul-Alam, Senior Advocate, instructed by Md. Toufique Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9.
Not repreÂsented-Respondent Nos. 4, 6, 10-26.
Civil Petition for Leave to Appeal No. 888 of 2009.
(From the judgment and decree dated 23.02.2009 passed by the High Cour......ted 23.02.2009 passed by the High Court Division in First Appeal No. 324 of 1997.)
Judgment
Shah Abu Nayeem Mominur Rahman J. - Instant application under Article 103 of the Constitution is for granting leave to appeal against the judgment and decree dated 23.02.2009 passed in First Appeal No...
Category: Property Law | Date: | Hits: 38
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 disÂmissed. 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 disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 478.......009. Lawyers Involved: Dr. Kazi Akter Hamid, Advocate, instructÂed by Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1631 of 2009 (From the judgment and order dated 18.05.2009 passed by the High Court ...... Title Appeal No.239 of 1987 was heard by the learned Subordinate Judge, Court No.2, Jessore who in his judgment and decree dated 30.10.1996 dismissed the appeal and decreed the suit in full and also granted recovery of khas possession by evicting katcha huts of defendant Nos.1, 6 and 7. 7. As ag..Category: Property Law | Date: | Hits: 27
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....the above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......the above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467....... Advocate instructed by Zainual Abedin, Advocate-on-Record-For the Petitioners. Saidur Rahman on behalf of Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1946 of 2009. (From the judgment and order dated the 12th day of May, 2009 passed by......the above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467...Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....he above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......he above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......d. Lawyers Involved: Khan Saifur Rahman, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1844 of 2008. (From the judgment and order dated the 4th day of June, 2007 passed b......he above, we find no subÂstance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..Category: Company Law | Date: | Hits: 197
Anti-Corruption CommiÂssion Vs. Nargis Begum & others, 2009, 38 CLC (AD)
....e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279.  ......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279.  ......lam Khan, Advocate instructed by Sufia Khatun, Advocate-on-Record—For the Petitioners. (In both the cases) None Represented—For the respondents. (In both the cases) Civil Petition for Leave to Appeal No. 1655 with 1657 of 2008. (From the judgment and order dated the 28th day of July, 20......e find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 279.  ..Category: Anti-Corruption Laws | Date: | Hits: 168
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. ......ary statement on 24.04.2007. On 06.03.2007, a first information report was lodged against the respondent no. 1, narrating various allegations of acquiring movable and immovable properties by abuse of power, and a case was recorded under sections 26 and 27 of the Act, section 409 of the Penal Code, S......8 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 Anti-corruption Commission, against the Judgment and Order dated 1......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. ..Category: Anti-Corruption Laws | Date: | Hits: 231
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: ......jodha Council, were the custodian of the Muktijodha Councils at the instance of the then Vice-Chairman (at present Chairman) Md. Kabir Ahmed without any approval of the organisation by abuse of their powers withdrew Tk.50,00,000/- (taka fifty lac) from the said Bank account, misappropriated the same......ted by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Musfiqur Rahman Khan, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 2 of 2008 (From the judgment and order dated 11.11.2007 passed by the High Court Di......ged and as such the High Court Division ought not to have stayed the further proceeding of the said Special Case. The submissions made on behalf of the petitioners merit consideration. Leave is granted to consider the same. Security of Tk.1,000/- is to be deposited within one month. Prep..Category: Anti-Corruption Laws | Date: | Hits: 159
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. ......t of 1995 replaced the earlier Ordinance. The Act establishes the Directorate of Environment which is headed by a Director General (মহা পরিচালক). Section 4 of the Act narrates the powers and functions of the Director General. 23. It appears that Sub-section (1) of Section 4 au......n) Present: Md. Joynul Abedin J ABM Khairul Haque J Dr. Mohiuddin Farooque, Secretary General, Bangladesh Environmental Lawyers Association (BELA) being dead Ms. Syeda Rizwana Hasan, Director (Program), representing Bangladesh Environmental Lawyers Association (BELA)…..Petitioner. V......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. ..Category: Environmental Law | Date: | Hits: 345
....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....... petitioners that during pendency of suit defendant nos.1-10 transferred their entire share to them and possession was also delivered to them. Considering such facts the trial Court by exercising its power under Order I Rule 10 (2) of the Code impleaded them as defendant nos.11-16. Subsequently, the......im J
Md. Shafiul Alam and others …… Petitioners.
Vs.
Ajamat Ullah being dead his heirs Sabjan Bibi and others.……Opposite parties.
Judgment
February 23, 2010.
Cases Referred to-
Akram Hossain (Md.) Vs. Sahera Khatun and others, 57 DLR 317; Abdul Mannan (Md.) Vs. Swaraj R......ioners.
Tapan Kumar Chakrabarty, Advocate with S. M. Safiqul Islam, Advocate-For the opposite party nos. 2-3.
Civil Revision No. 4491 of 2008
Judgment
Syed Md. Ziaul Karim J.- Leave was granted at the instance of proposed defendant petitioners to consider whether the impugned judgment ..
Category: Property Law | Date: | Hits: 27
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. ......ed 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 of Civil Procedure. 2. The decision proposed to be given in this Civil Revision Petition does not demand a detailed recounting of facts except th....... Learned Assistant Judge is also directed to dispose of the suit within two months of the disposal of the Advocate Commissioner’s report positively. Learned Assistant Judge is also directed not to grant any adjournment to any of the parties. 17. With recording of the above observation I record..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. ......r and obtained his signatures both in English and Bengali in open Court for the purpose of comparing his signature taken in open court and the signature appearing in the Vakalatnama executed by him empowering Mr. Syed Ziaul Karim as his Lawyer to conduct the Civil Revision Cases and also his signatu......ion of compromise allegedly between the plaintiff-petitioner of the four Civil Revision cases and the defendant-opposite-party Nos.3-5 of the said Revision cases. The four applications have been sent to me by the Honorable Chief Justice for disposal. The four applications for Civil Revision cases ar......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. ..Category: Property Law | Date: | Hits: 21
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.......cted by MG Bhuiyan, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 8-11. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 2045 of 2009. (From the judgment and order dated 12-8-2006 passed by the High Court......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...Category: Property Law | Date: | Hits: 44
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......d that the Court of Appeal below most illegally and whimsically did not take into consideration the certified copy of the registered patta dated 23.04.1945 nor take those into evidence in exercise of power under Section 107 of the Code of Civil Procedure and thus, by an erroneous view agreeing with ......e, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. (Appeared with the leave of the Court) Not represented- the Respondents. Civil Petition for Leave to Appeal No.28 of 2009. (From the Judgment and order dated the 29th day of July, 2008 passed......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ..Category: Property Law | Date: | Hits: 28
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