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Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ok/10-2007 (anu-2)/3703 under Section 26(1) of the Anti-Corruption Commission Act, 2004 to Mr. Md. Shajahan Omar, former State Minister of Law, Justice and Parliamentary Affairs of the immediate past Government demandÂing submission of the statements of all immovable and movable properties owned an......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ...... Md. Abdul Matin J Md. Abdul Aziz J Anti Corruption Commission repÂresented by its Chairman1, Segunbagicha, Dhaka…Petitioner Vs. Barrister Mohammad Shahjahan Omar and another........Respondents Order April 23, 2009. Lawyers Involved: M...... RuhuIAmin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Anti Corruption Commission repÂresented by its Chairman1, Segunbagicha, Dhaka…Petitioner Vs. Barrister Mohammad Shahjahan Omar and another........Respondents Order Apri..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....ith Ramna P.S. Case No. 53 (12)2006, the petitioner-respondent was shown arrested in the said case by the Court of Chief Metropolitan Magistrate, Dhaka vide order No.7 dated 03.07.2007. 3. The Government of Bangladesh vide notification dated 15.12.2008 lifted Emergency with effect from 17.12....... Case No. 53 (12)2006, the petitioner-respondent was shown arrested in the said case by the Court of Chief Metropolitan Magistrate, Dhaka vide order No.7 dated 03.07.2007. 3. The Government of Bangladesh vide notification dated 15.12.2008 lifted Emergency with effect from 17.12.2008. Further,......g rise to the present petition are as under:- The respondent surrendered before the Court of Chief Metropolitan Magistrate, Dhaka in connection with Ramna P.S. Case No. 53(12)206 on 22.02.2007 and the Court of Chief Metropolitan Magistrate, Dhaka vide order dated 22.02.2007 sent him to custod......nd the appeal being still pending this Court is not inclined to interÂfere at this stage and accordingly the petiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..Category: Others | Date: | Hits: 98
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......e Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. Lawye...... (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. Lawyers Involved......ppellate Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Mrs. Bakul Akter………………………Petitioner Vs. Bangladesh and others……………………….Respondents Judgment March 10, 2010. ..Category: Banking Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
....te Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun…...... (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun…………...........) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respond...... Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Government of Bangladesh and others…………………Appellants Vs. Azema Khatun………….........Respondent Judgment October 28, 2009. ..Category: Property Law | Date: | Hits: 21
Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)
....of the plaintiff, in short, is that the suit lands along with other lands origÂinally belonged to Cattle Breeding cum Diary Farm, Sylhet, which is now under the Ministry of Fisheries and Livestocks, Government of the Peoples Republic of Bangladesh and the land was acquired in L.A. Case No. 235 of 1......e suit lands along with other lands origÂinally belonged to Cattle Breeding cum Diary Farm, Sylhet, which is now under the Ministry of Fisheries and Livestocks, Government of the Peoples Republic of Bangladesh and the land was acquired in L.A. Case No. 235 of 1930-31 from differÂent persons. The p...... Appellate Division (Civil) Present: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others………......: Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Ministry of Fisheries and Livestock's………………....Petitioner Vs. Obaid Jagirdar and others…………...........Respondents Judgment Februa..Category: Property Law | Date: | Hits: 25
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......ers, the respondent adopted a trade mark consisting of the word "NABISCO" on a label with a distinctive colour scheme, design and get up for the first time in the whole of erstwhile  Pakistan when Bangladesh was a province of Pakistan. However, the respondent applied for regÂistration of the tra...... Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another .........Respondents Judgment July 16, 2009. Lawyers Involved: Rokouddin Ma......zlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J Baby Food Products Ltd., 4, Aga Nawab Dewry, Dhaka…..........Petitioner Vs. Nabisco Biscuit & Bread Factory Ltd., 262, Tejgaon Industrial Area Dhaka and another ......Category: Intellectual Property Law | Date: | Hits: 273
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....gment here. Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretar...... Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dh......mmel Hossain J The Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Ramna, Dhaka. ........Petitioner Vs Allama Delawar Hossain Sayedee and others........Respondents Order August 24, 2009. Result: The leave petition is disÂ......ision which does not require any interference by this Division. Accordingly, the leave petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ..Category: Others | Date: | Hits: 115
Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)
....e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ...... Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Elahi Mondal……………….......Petitioner Vs. Juran Mondal and others…………....Respondents Judgment August 23, 2009. Lawyers Involve...... MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Elahi Mondal……………….......Petitioner Vs. Juran Mondal and others…………....Respondents Judgment August 23, 2009..Category: Property Law | Date: | Hits: 20
Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)
....so Reported in: VII ADC (2010) 304. ......preme Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and o......CJ Md. Abdul Matin J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and others…………. Petitioners Vs. Md. Abdul Kayum Miah............ Respondent ......a Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and others…………. Petitioners Vs. Md. Abdul Kayum Miah............ Respondent Judgment January 18, 2010. ..Category: Constitutional Law | Date: | Hits: 107
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ...... Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Md. Nurul Abedin……………….Petitioner (In both the cases) Vs Bangladesh repÂresented by the Secretary, Ministry of Industry, Police Station-Motijheel 1, Dhaka-1......nha J Md. Nurul Abedin……………….Petitioner (In both the cases) Vs Bangladesh repÂresented by the Secretary, Ministry of Industry, Police Station-Motijheel 1, Dhaka-1000 and others….......Respondents (In Civil Petition No.832 of 2009) Judgment January 6,......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
....J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and othÂers ..........Respondents Judgment October 29, 2009.......oynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and othÂers ..........Respondents Judgment October 29, 2009. Lawyer......Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J S. Co. Power Plant Ltd., represented by its Managing Director Md. Sirajul Haque and another ...Petitioners Vs Government of Bangladesh and othÂers ..........Responde...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...Category: Banking Law | Date: | Hits: 84
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review PetiÂtion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ...... its judgment and order under Article 105 of the constitution and for doing complete justice the order dated 6.11.2008 may be allowed under Article 104 of the constitution of the People's Republic of Bangladesh. 12. We have heard the learned Senior Advocate counsel for the petitioner and purs......n (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Hamid Matubbar and others....................Petitioners Vs. Majibar Matubbar and others.........Resp......Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Hamid Matubbar and others....................Petitioners Vs. Majibar Matubbar and others.........Respondents Judgment August 23, 2009. ..Category: Property Law | Date: | Hits: 26
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
.... Bibi and others............................Respondents Judgment August 16, 2009. Cases Referred To- Shambhu Nath Poddar Vs. Bangladesh Railway and others 43 DLR (AD) 82; Government of Bangladesh, represented by the Secretary Ministry of Works Vs. Chand Mia and others 44................Petitioners Vs Malanch Bibi and others............................Respondents Judgment August 16, 2009. Cases Referred To- Shambhu Nath Poddar Vs. Bangladesh Railway and others 43 DLR (AD) 82; Government of Bangladesh, represented by the Secretary......ted in: VII ADC (2010) 271. ......s.............Petitioners Vs Malanch Bibi and others............................Respondents Judgment August 16, 2009. Cases Referred To- Shambhu Nath Poddar Vs. Bangladesh Railway and others 43 DLR (AD) 82; Government of Bangladesh, represented by the Secre..Category: Property Law | Date: | Hits: 20
....the burden of proving which excuse shall lie on such person, any implement of house‑breaking;
thirdly, any person who has been proclaimed as an offender either under this Code or by order of the Government;
fourthly, any person in whose possession anything is found which may reasonably be su...... in: 55 DLR (2003) 363.
......3.
......ial Original Jurisdiction)
Present:
Md. Hamidul Haque J
Salma Masud Chowdhury J
Bangladesh Legal Aid and Services Trust (BLAST) and others………Petitioners
Vs.
Bangladesh and others ………………..Respondents
Judgment
April 7, 2003.
..
Category: Constitutional Law | Date: | Hits: 137
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....oined by the parties as regards the enemy status of the disputed property and the High Court Division, having found the disputed property not being an enemy property, erred in law in holding that the Government under Act XLV of 1974 acquired the authority to execute the deed of settlement. The High ...... pendens and also under Order XXIII, rule 1(3) of the Code of Civil Procedure. 23. Section 52 of the Transfer of Property Act runs as under: "52 During the (pendency) in any Court (in Bangladesh) of (any) suit or proÂceeding (which is not collusive and) in which any right to immovab....... ......n (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J Mohiuddin Khan and another……......Appellants Vs. Shihamul Haque and others………….Respondents Judgment June 30, 2009. ..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....led rent receipts which can be used or collateral evidence of possession. In support of his contention the learned counsel has referred the cases of Erfan Ali vs Jainul Abedin Mia 35 DLR (AD) 216 and Government of Bangladesh Vs. AKM Abdul Hye 9 MLR (AD) 82=56 DLR (AD) 53. 10. In the case of Erfa......nd others.......................Petitioners Vs. Md. Abdur Razzak and others........Respondents Judgment August 19, 2009. Cases Referred To- Ali vs Jainul Abedin Mia 35 DLR (AD) 216; Bangladesh vs AKM Abdul Hye 9 MLR (AD) 82= 56 DLR (AD) 53. Lawyers Involved: Md. Abdul Jabbar,....... Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......R (AD) (2010) 242. ..Category: Tenancy Law | Date: | Hits: 174
....een carrying on their business in those shop rooms for a long time and earned their livelihood. The appellant took lease of a shop room from the Dhaka Nowab Court of Wards Estate in 1980. In 1985 the Government decided to acquire the historic Ahasan Manzil along with the lands of C. S. Plot No.725-7......inable. There is no merit in the contentions of the learned counsel. The appeal is therefore, dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 241.
......azzul Islam CJ
Md. Abdul Matin J
ABM Khairul Haque J
Surendra Kumar Sinha J
A.B.M. Asgar………………………………Appellant
Vs.
The Administrator and the Chairman of the Allotment Committee, Dhaka and others………………….......Respondents......
Present:
Md. Tafazzul Islam CJ
Md. Abdul Matin J
ABM Khairul Haque J
Surendra Kumar Sinha J
A.B.M. Asgar………………………………Appellant
Vs.
The Administrator and the Chairman of the Allotment Committee, Dhaka and others………â..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......o add additional grounds. The order of status quo granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ......Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Md. Sona Ullah being dead his legal heirs: Md. Akbar Ali and others…………………Petitioners Vs. Most. Morium Bewa and others………â€...... Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Md. Sona Ullah being dead his legal heirs: Md. Akbar Ali and others…………………Petitioners Vs. Most. Morium Bewa and others……………..Respondents Order January 17, ..Category: Property Law | Date: | Hits: 18
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....s thereÂin; that prior to that there was no Deity in the suit property and the C.S. recorded bargader also did not possess the same; that after whole sale acquisition the suit property vested in the Government and thereafter in 1951 Khepa Chand Bairagi took pattan of the suit land in his name corre......nt and decree dated 26.07.2004 passed by a Division Bench of the High Court Division in F. A. No. 54 of 1999 is hereby affirmed. Ed. This Case is also Reported in: VII (ADC) (2010) 216. ...... also Reported in: VII (ADC) (2010) 216. ...... Appellate Division (Civil) Present: MM Ruhul Amin CJ BK Das J Md. Muammel Hossain J Narendra Chandra Das and another…………….Appellants Vs. Sree Sree Gopal Bigraha and another……….Respondents Judgment July 22,..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ...... other…………Respondents (In Civil Appeal Nos. 94-95 of 2005) Judgment August 3, 2009. Result: The appeal is allowed. Cases Referred to- Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd. 20 BLD (AD) 278; Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 2......Appellate Division (Civil) Present: Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and oth......l Aziz J Md. Muzammel Hossain J S. M. Hossain………..Appellant (In Civil Appeal No. 178 of 2002) Dilruba Khanam and others………….Petitioners (In Civil Appeal Nos. 94-95 of 2005) Vs. Lahazuddin and others……………Respondents (In Civil Appeal No. 178 of 2002) S. M. Ho..Category: Tenancy Law | Date: | Hits: 185
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