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Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

.... being apprehensive of above move the petitioner No. 4 on behalf of slum dwellers of Balur Math Basti Section Block ‘E’ approached Bangladesh Human Rights Commission which sent the same vide Memo dated 3-12-91 (Annexure-L) to Prime Minister to stop above proposed allotment in the said Basti as p...... that in the meeting of the ‘Nagar Daridra Beshayak Jatiya Parishad held on 9-4-90 under chairmanship of the then President of the country problems of slum dwellers in Dhaka City were discussed and decision was taken for developing facilities for sanitation, health care, water supply and medical t..

Category: Property Law | Date: | Hits: 60

Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)

....2000. Judgment Md. Abdul Aziz J. - The supplementary affidavit put in Court by the accused-petitioner do form part of the main application. The report bearing Memo No. 10560/Bha: Sha: dated 4-12-2000 submitted by the learned Deputy Attorney-General be kept with the record. 2. ......cellaneous Case No. 5865198 and the said judgment has been affirmed by the Appellate Division dismissing the Criminal Petition for Leave to Appeal No. 07/99. He further submits that, in the aforesaid decision of the High Court Division the illness, of the accused-petitioner was also considered, with..

Category: Criminal Law | Date: | Hits: 26

Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)

....vision No.172 of 1997. Judgment Md. Abdur Rashid J.- This Rule was obtained by plaintiff upon making an application under section 115 of the Code of Civil Procedure against judgment and decree dated 12-6-1995 passed by Subordinate Judge, 3rd Court, Barisal in Title Appeal No. 298 of 1993 affi......efendant No. 3 possessed the suit land, and held, the consideration of the testimonies of the witnesses examined by the plaintiffs on possession was unnecessary. The trial Court also did not give any decision that the defendants 3 or 4 had any right or title in the suit lands. 23. It appears, how..

Category: Property Law | Date: | Hits: 22

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

.... Judgment Md. Abdur Rashid J. - This Rule was obtained by the defendants upon an application under section 115 of the Code of Civil Procedure, in brief the Code, against Judgment and order dated 28-08-95 passed by the Subordinate Judge, Second Court, Kishoreganj in Miscellaneous Appeal No......20 of 1990. 2. Facts are not disputed. On 22-01.7 opposite party-Plaintiff joined the defendant Bank as typist in Kishoreganj Branch. On 09-05-81 the plaintiff was put under suspension pending decision of a police Case lodged against him by the said Branch of the Bank. On 18-11-82 the plainti..

Category: Administrative Law | Date: | Hits: 165

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....edure was issued at the instance of the petitioner, calling upon the opposite parties to show cause, as to, why certain observations made by the Sessions Judgment Jhalakati, in his judgment and order dated 11-1 1998, in Criminal Appeal No. 4 of 1998, setting aside the judgment and order dated 5-7.19......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..

Category: Criminal Law | Date: | Hits: 29

Meridian International (Pvt) Ltd and another Vs. Rajdhani Unnayan Kartipakha (RAJUK) and others, 2000, 29 CLC (HCD)

....1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show cause as to why the impugned order dated 22-11-1999 (Annexure-E) issued under the signature of the respondent No. 2 the Authorised Offi...... by the respondent No. 2 for the purpose of demolition was valid and lawful and does not suffer from any legal infirmity. In support of his above contention, Khasruzzaman has placed reliance upon the decision in the Case of Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) and others ..

Category: Property Law | Date: | Hits: 31

Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)

....Parties. Civil Revision No. 2757 of 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejection of the plaint passed by the Subordinate Judge......uit land. 10. Let us now consider the submissions of Ozair Farooq as regards the cause of action of the present suit. As we have stated above that CS plot No. 371 was the subject matter of the decision of the earlier suit and in that suit also the plaintiffs claimed that by several documents ..

Category: Property Law | Date: | Hits: 61

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

....ate examined the complainant on 31-12-94 and sent the complaint to the Assistant Commissioner (Land) for enquiry and report. Thereafter on the basis of enquiry report, the learned Magistrate by order dated 13-7-95 took cognizance of offence under sections 467/471/109 of the Penal Code against petiti...... the offence was committed or not, the proceeding initiated at the instance of a private person is an abuse of the process of the Court. In support of his contention, the learned Advocate has cited a decision in the Case of Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, reported in 4..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....entally. The report has further stated that the respondents are releasing the women and children from the vagrant homes along with a sum of Tk.5,000.00 plus a sewing machine or alternatively a consolidated sum of Taka 7,000.00 but such act has resulted in a diabolical fraud of the authority played o......nture or secret plots. The press reporting as annexed in the writ petition cannot be taken into consideration by this Court sitting in this jurisdiction, Moreover, the said reports were denied and no decision was taken in any inter-ministerial meeting alleged to have been taken on the date mentioned..

Category: Constitutional Law | Date: | Hits: 264

Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)

.... Md. Zahangir, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petitioner for Leave to Appeal No. 888 of 2008. (From the judgment and order dated the 6th day of August, 2008 passed by the High Court Division in Writ Petition No.5291 of 2006...... in the absence of proof of absolute title thereon, it was not possible to order mutation. The office has got no jurisdiction to prove or declare title of the demised property which is a matter of decision by a Civil Court. On 07.04.2006 both the respondent No.2 and the petitioner appeared for ..

Category: Property Law | Date: | Hits: 26

Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)

....8) Not represented-Respondent Nos.2, 4 & 5 (In Civil Miscellaneous Petition No.231 of 2008). Civil Petition for Leave to Appeal No.2324 of 2008. (From the judgment and order dated 28.02.2008 passed by the High Court Division in Writ Petition No.4310 of 2001.) With ......e writ petitioner to get more 0.25 acre of land adjacent to the said 0.75 acre, the writ respondent No.2 through its letter dated 30.04.1994 (Annexure-L) informed the writ respondent No.1 about their decision of allowing this more 0.25 acre of land to the writ petitioner and also to make a term with..

Category: Property Law | Date: | Hits: 33

Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)

....y Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Not represented-Respondent No. 1. Criminal Petition for Leave to Appeal No. 291 of 2009. (From the judgment and order dated 19.07.2009 passed by Appellate Division in Criminal Miscellaneous Case No. 174 of 2008.) ......rused the connected papers as well as the impugned judgment. We are of the view that the High Court Division upon consideration of the com­plaint and also on appreciation of law arrived at a correct decision. There is, therefore, no cogent reason to interfere with the judgment of the High Court Div..

Category: Criminal Law | Date: | Hits: 34

Mithu Vs. State, 2009, 38 CLC (AD)

....ocate, instructed by AKM Shahidul Huq, Advocate-On-Record-For the Petitioner. Not Represented-the Respondent. Criminal Review Petition No. 3 of 2009. (From the judgment and order dated 9th November, 2008 passed by this Appellate Division in Criminal Petition for Leave to Appeal ......is Division and materials available on record. It appears that in the Criminal Petition for Leave to Appeal this Division considered the submissions of the learned Advocate for the petitioner and the decision referred to on their behalf and observed that the principles enunciated in the cited decisi..

Category: Criminal Law | Date: | Hits: 46

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....ed: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 209 of 2009. (From the judgment and order dated 18.5.2008 passed by the High Court Division in Civil Revision No. 3710 of 2004.) Judgme......low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ..

Category: Property Law | Date: | Hits: 17

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2009, 38 CLC (AD)

....or Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-10. Civil Petition for Leave to Appeal No.1190 of 2009. (From order dated 16.04.2009 passed by the High Court Division in Election Petition No.08 of 2009.) Judgment ......O, 1972 has been amended by the Representation of the People (Amendment) Ordinance, 2008 by substi­tuting a new clause 5 of Article 14, which runs as follows:- "If a candidate is aggrieved by the decision of the Returning Officer he may prefer an appeal to the Commission within the prescribed pe..

Category: Election Law | Date: | Hits: 116

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

....Nawab Ali, Advocate-on record-For the Respondent No. 1. Not represented-For respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1442 of 2008. (From the Judgment and Order dated 21st May, 2008 passed by the High Court Division in Civil Revision No.2334 of 2005) Jud...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ..

Category: Property Law | Date: | Hits: 33

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

....vocate-on-Record-For Respondents Nos. 1-4 and 7. Not represented- Respondent Nos. 5, 6 and 8-23. Civil Petition for Leave to Appeal No. 1431 of 2009. (From the judgment and order dated 11.05.09 passed by the High Court Division in Civil Revision No.57 of 2003) Order ......999 before the learned District Judge, Brahmanbaria, and that the 1st Court of the Additional District Judge, Brahmanbaria by judgment and decree dated 23.7.2002 dismissed the appeal and affirmed the decision of the trial Court. 6. Being aggrieved thereby the plaintiff as petitioner moved the..

Category: Property Law | Date: | Hits: 43

Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

....te, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 136 of 2009. (From the judgment and order dated 30.07.2009 passed by Appellate Division in Civil Petition for Leave to Appeal No. 1733 of 2008......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ..

Category: Property Law | Date: | Hits: 21

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....ellants. Abdul Wadud Bhuiyan, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Appeal No. 211 of 2004. (From the Judgment & order dated 14.6.00 passed by the High Court Division in Writ Petition No.962 of 1998) Order ......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

.... Appellants. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 206 of 2004. (From the judgment and order dated 08.05.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 1979 of 2......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..

Category: Property Law | Date: | Hits: 27