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Md. Jalal Hossain Mollah Vs. Md. Azizur Rahman and others, 2012, 41 CLC (AD)

....vocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.917 of 2009. (From the judgment and order dated 20.11.2008 passed by the High Court Division in Civil Revision No.3043 of 2005.) Order N...... advocate has argued that the court ought to have con­sidered this allegation of fraud made by the plaintiff in the subsequent suit on tak­ing evidence from both the sides and ought to have given a decision as to this very allegation of fraud, that before mak­ing any decision as to this very alle..

Category: Procedural Law | Date: | Hits: 81

M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)

....instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-6—Not represented. Civil Petition for Leave to Appeal No. 1772 of 2009. (From the judgment and order dated 19.04.2009 passed by the High Court Division in Civil Revision No.2081 of 2009.) Judgment ......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ..

Category: Procedural Law | Date: | Hits: 75

Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)

....al instructed by Md. Ibrahim Khalil, Advocate-on-Record—For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.551 of 2009. (From the judgment and order dated 26.01.2009 passed by the Administrative Appellate Tribunal in Administrative Appellate Tribuna......he petitioner was a First Class Gazette Officer the authority took opinion of the Public Service Commission also for dismissal of the petitioner and the Public Service Commission also agreed with the decision of the authority and thereafter, the authority after taking approval of the President issue..

Category: Administrative Law | Date: | Hits: 263

Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)

....itioners. Zainul Abedin, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-28 —Not represented. Civil Petition for Leave to Appeal No.1750 of 2009. (From the judgment and order dated 26.02.2009 passed by the High Court Division in Civil Revision No.2044 of 2002.) Judgment ......ant filed Civil Revision No.2044 of 2002 and obtained rule. A Single Bench of the High Court Division, by the impugned judg­ment and order, discharged that rule affirming the concurrent findings and decision of the courts below. 9. Being aggrieved by the judgment and order of the High Court Divi..

Category: Property Law | Date: | Hits: 98

Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

....que, Deputy Attorney General with Mr. Md. Shafquat Hussain, Assistant Attorney General- For the Opposite party. Criminal Miscellaneous Case No. 12955 of 2009. (Arising out of Judgment and order dated 6.5.2009 passed by Metropolitan Special Tribunal No.7, Dhaka in Metropolitan Special tribunal ...... control and possession of the petitioner and that the evidence given by police personnel was not supported and corroborated by independent witnesses. In support of his contention, he relied upon the decisions in the cases of Zillur Rahman alias Zillur Vs. The State, 6 BLC (2001) (HCD) 254, Aslam Ja..

Category: Criminal Law | Date: | Hits: 92

Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)

....K.M Masud Rumy, Assistant Attorney General - For the state. M.A. Muntakim, Advocate - For the opposite party No.2. Criminal Miscellaneous No. 8381 of 2008. (Arising out of Judgment and order dated 22.4.2008 passed by the Additional Session Judge 4th Court, Khulna in Criminal Revision No.235......e bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ..

Category: Criminal Law | Date: | Hits: 143

Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)

.... the Anti-Corruption Commission. Md. Khurshid Alam Khan, Advocate - For opposite party No.2. Criminal Appeal No. 3536 of 2009. (Arising out of Judgment and order of conviction and sentence dated 14.2.2008 passed by the learned Special Judge Court No.5 Dhaka in the Special Case No.15 of 20......ase, the notice dated 18.2.2007, under section 26 of the Act, was issued by the Secretary of the Commission but he does not represent the Commission, he is only one of its employees, to carry out the decision of the Commission. But at the relevant time there were no Commissioners, as such apparently..

Category: Criminal Law | Date: | Hits: 133

A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)

....uiyum, Advocate with him Md. Faruque Ahmed, Advocate, Mohammad Ullah, Advocate Ms. Salma Begum, Advocate - For the Opposite parties. Civil Revision No. 515 of 2009. (From the Judgment and order dated 2.6.2008 passed by the District Judge, Dhaka in Civil Revision No.4 of 2008.) Judgment M......f the Court. He referring to section 8C of the Suit Valuation Act also submits that the Court should look to the substance rather than to form of the plaint. In support of his contention he cited the decision in the case of Kumudini Welfare Trust Vs. Pakistan reported in 11 DLR, 57. Mr. Faruque Ahme..

Category: Property Law | Date: | Hits: 85

Most. Sufia Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....lved: None appears - For the petitioner. Dr. Md. Bashir Ullah, Assistant Attorney General - For the opposite parties. Civil Revision No.17 of 1994. (Arising out of the Judgment and decree dated 21.7.1998 and 28.7.1998 respectively passed by the District Judge, Gazipur in Title Appeal No.......as been able to prove his case." 12. It appears from the Judgment of the appellate Court that on assessment of the evidence on record, he affirmed the Judgment of the trial Court on arriving, at a decision that the plaintiff-petitioner did not take any attempt to prove his documents of alleged se..

Category: Property Law | Date: | Hits: 82

Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)

.... page 59. Lawyers Involved: No one appears - For the petitioners. Abul Kalam Chowdhury, Advocate - For the opposite party. Civil Revision No. 6066 of 2002. (From the Judgment and order dated 30.4.2002 passed by the learned Joint District Judge and Artha Rin Adalat, Noakhali in Title A......ed deed in a genuine one. 12. Now a question may come whether this kind of gift is also covered by the principle of legal necessity Mr. Abul Kalam Chowdhury, the learned Advocate has referred to a decision in support of his submission that this kind of gift is also covered by the principle of leg..

Category: Civil Law | Date: | Hits: 103

Shamsu Miah Vs. State, 2011, 40 CLC (HCD)

....al - for the respondent. Criminal Appeal No.1248 of 1996 Judgment Md. Ruhul Quddus J. - This appeal under section 410 of the Code of Criminal Procedure is directed against judgment and order dated 8.8.1996 passed by the Additional Sessions Judge, Second Court, Brahmanbaria in Session Case N......ellant is acquitted of charge leveled against him. He is also released from his bail bond. Send down the lower Court records. Naima Haider J. - I agree. Ed. This case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 87

Md. Selim Vs. State, 2011, 40 CLC (HCD)

....eral - for the respondent. Criminal Appeal No.1024 of 1996. Judgment Md. Ruhul Quddus J. - This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 15.6.1996 passed by the Special Tribunal No.9, Comilla in Special Tribunal Case No.129 of 1995......upport the prosecution case. In our social context there are reasons to disbelieve the evidence of P.Ws.1-3 in part. 8. We have gone through the evidence on records, the impugned judgment and some decisions on the points involved. It appears that the evidence of P.W.4 is complete and self-contain..

Category: Criminal Law | Date: | Hits: 94

Hozizur Rahman and others Vs. Abu Bakar Chowdhury and others, 2011, 40 CLC (AD)

....ocate-on-Record—For Respondent Nos.1-3, 10 & 12. Respondent Nos. 4-9, 11 & 13-26—Not represented. Civil Petition for Leave to Appeal No.2298 of 2009. (From the judgment and order dated 19.05.2009 passed by the High Court Division in Civil Revision No.4014 of 2008.) Judgment ......ich has been most proper and justified in the given facts and circumstances. This civil petition for leave to appeal is, therefore, dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 400...

Category: Property Law | Date: | Hits: 75

Abdul Halim Vs. Dina Bandhu Chandra Das and others, 2011, 40 CLC (AD)

....For Respondent No.4 (In both the cases). Respondent Nos.1-3, 5-33 (In both the cases)—Not represented. Civil Petition for Leave to Appeal Nos. 797-798 of 2010. (From the judgment and order dated 23.11.2009 passed by the High Court Division in Civil Revision Nos.3496 of 2005 and 3501 of 20......o.31 also. 17. We have gone through the judgment of the courts below and considered the submissions of the learned Counsels of both the sides. 18. We do not find any error in the find­ings and decision of the appellate court below and the revisional court. Both the courts, on proper appreciat..

Category: Property Law | Date: | Hits: 72

Muktarpur Matashajibi Samabaya Samity Ltd. Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....Rajik-Al Jalil, Deputy Attorney General instructed by Mrs. Sufia Khatun, Advocate-on-Record —For respondents. Civil Petition for Leave to Appeal No.1760 of 2010. (From the judgment and decree dated 21.04.2010 passed by the High Court Division in Writ Petition No.1505 of 2010) Judgment ......oner was concluded as per the report and recommendation of the Jalmahal Jachai Committee pursuant to the judgment dated. 08.02.2009 passed in Writ Petition No.902 of 2009 and in the report and the decision of the Jalmahal Jachai Committee there is a recommendation to grant lease under development..

Category: Property Law | Date: | Hits: 90

Arab Bangladesh Bank Ltd. Vs. Md. Salauddin and others, 2010, 39 CLC (HCD)

....que Khan, Advocates - For the petitioner.   Enayet Hussain Khan with Md. Ziaul Hoque, Advocates - For the opposite party No.1. Civil Revision No. 4786 of 2003. (Arising out of the order dated 28.9.2003 passed by the Joint District Judge, 2nd Court, Narayangonj in Title Suit No.31 of 20......ng specific remedy in the statute for filing appeal against the Judgment and decree of the Artha Rin Adalat. Moreover, as per the express provisions of section 6 of the Artha Rin Adalat Ain, 1990 the decision or Judgment and decree of the Artha Rin Adalat is final and the same cannot be questioned i..

Category: Civil Law | Date: | Hits: 141

Sheikh Moqbul Ahmed and Rabeya Khatun Vs. Ms. Nurunnahar Begum, 2012, 41 CLC (AD)

....rozur Rahman, Advocate-on-Record—For the Petitioners. Khaled Ahmed, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No.214 of 2010. (From the judgment and order dated 21.10.2009 passed by the High Court Division in First Miscellaneous Appeal No.320 of 2004 with...... Division was wrong in holding that since the par­ents are not included in the family of the deceased in the "Rules" they are not entitled to get the benefit of the provident fund. The trial court's decision that the wife of the deceased is entitled to 4 anas share, mother is entitled to 4 anas sha..

Category: Civil Law | Date: | Hits: 154

Meher Negar Vs. Mojibur Rahman, 1994, 23 CLC (HCD)

....r. No one ‑ For the Opposite Party. Criminal Revision No. 263 of 1987. Judgment Badrul Islam Chowdhury J. -By this Rule the opposite party was directed to show cause as to why the order dated 16.3.87 passed by the Sessions Judge, Madaripur in Criminal Motion No.13 of 1987 should not be...... Vs. Mojibur Rahman………………Opposite Party Judgment September 5, 1994. Result: The Rule is made absolute. Cases Referred to- Civil Revision No. 870 of 1991, (unreported decision); Abdul Khaleque (Md) Vs. Selina Begum and another, 42 DLR 450; PLD 1969 (SC) 187; Supreme ..

Category: Family Law | Date: | Hits: 215

Iskander Lasker Vs. District Magistrate, Jessore and others, 1994, 23 CLC (HCD)

....influenced by the enemies of the detenu arrested the detenu on 24.2.94 under section 54 CrPC. Thereafter the detenu was served on 25.2.94 with the order of detention vide Memo No. 45/(S)‑5‑C‑S, dated 12.5.93 (Annexure-'A') passed by the District Magistrate, Jessore, detaining the detenu for a ...... Khan of village Ramnager, Police Station Kotwali, District Jessore, be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 12. ..

Category: Criminal Law | Date: | Hits: 86

Syed Monirul Huda Chowdhury Vs. Fouzia Chowdhury and others, 1994, 23 CLC (HCD)

....ents shall be as may be necessary for the purpose of determining the real question in controversy between the parties." Subordinate Judge, 4th Court, Dhaka allowed the amendment by its impugned order dated 1.9.93 permitting the defendants to file additional written statement if any, in Title Suit 56......cuses his arguments that the amendment has changed the nature and character of the suit, it has brought a new cause of action and it has caused prejudice to the defendants. Mr. Hossain, relied on the decision in the case of Radha Krishna Vs. Dwarka Das, 36 DLR (AD) 253. 3. Mr. Mahmudul Islam, the..

Category: Property Law | Date: | Hits: 151