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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. ......assed by this Appellate Division in Civil Petition for Leave to Appeal No.697 of 2007) Judgment Md. Muzammel Hossain J.- This civil review petition is directed against the judgment and order dated 30.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 69......ngly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ...... Present: 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 Aug..

Category: Property Law | Date: | Hits: 20

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......etitioners. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hague, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.40 of 2010. (From the judgment and order dated 9.12.2009 passed by the High Court Division in Civil Revision No. 8990 of 2008.) ......bservations. Ed. This Case is also Reported in: VII ADC (2010) 304. ...... 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 Judgment January 1..

Category: Constitutional Law | Date: | Hits: 107

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....nd order dated 04.03.2009 passed by the High Court Division in Writ Petition No.4623 (heard analogously with Writ Petition No. 4913 of 2008) discharg­ing the Rule arising out of Auction pro­ceeding published in the Daily Jhanakantha on 25.04.2008 by writ respondent No. 4 for selling the property o......ition No. 832 of 2009) Not represented-Respondent Nos. 2-4 (In Civil Petition No. 856 of 2009) Civil Petition for Leave to Appeal Nos. 832 and 856 of 2009. (From the judgment and order dated 04.03.2009 passed by the High Court Division in Writ Petition Nos. 4623 and 4913 of 2008......observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......vision (Civil) Present: 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 rep­resented by the Secretary, Ministry of Ind..

Category: Property Law | Date: | Hits: 29

S. Co. Power Plant Ltd. Vs. Government of Bangladesh and oth­ers , 2009, 38 CLC (AD)

.... 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....... Abu Siddique, Advocate-on-Record-For Respondent Nos. 5-6. Not Represented-For Respondent Nos.1-4, 7-8. Civil Petition for Leave to Appeal No. 297 of 2009. (From the judgment and order dated 20.11.2008 passed by the High Court Division in Writ Petition No. 5778 of 2008.) ....... The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295....... 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 oth­ers ..........Respondents Judgment ..

Category: Banking Law | Date: | Hits: 84

Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)

....cessor of the plaintiffs was owner in pos­session of 4.95 acres of land and defendant No. 48 Nizamuddin was in possession of .20 decimals of land, the record-of-right being No. 1637 was prepared and published. Thus being owner in possession of 8 annas inter­est i.e. 2.575 acres of land, Kazemuddin......-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 812 of 2009. (Arising out of C.M.P. No. 62 of 2009.) (From the Judgment & order dated 13.1.2009 passed by the Single Bench of the High Court Division in Civil Revision No.458......ussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......ision (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J BK Das J Md. Muzammel Hossain J Anwar Munshi and others........Plaintiff-Appellants-Petitioners Vs. Kulsum Begum and others...........Principal-Defendants-Opposite parties ..

Category: Property Law | Date: | Hits: 35

Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)

.... 2004 for realization of a sum of Taka 21,52,387/-. The price of the mort­gaged property was assessed at Taka 8,75,000/-. In order to sell the mortgaged property in auction, notices for auction were published in the Daily Ittefaq and Bhorer Kagoz. One Mrs. Shahin Khanam offered a sum of Tk. 8,76,00......yed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented-Respondent Nos.1 & 3-5 Civil Petition for Leave to Appeal No. 1447 of 2009. (From the judgment and order dated 16.4.2009 passed by the High Court Division in Civil Revision No.1895 of 2006) Ju......servations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Jalaluddin Ahmed and others...................Petitioners Vs. Md. Selim Hossain and others.............Respondents Judgment ..

Category: Property Law | Date: | Hits: 28

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......the Petitioners. Abul Kashem, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-20. Civil Petition for Leave to Appeal No.2141 of 2009. (From the judgment and order dated 5.8.2009 passed by the High Court Division in Civil Revision No. 1776 of 2000) Judgme......se is also Reported in: VII ADC (2010) 288. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J BK Das J Sher Mohammad being dead his heir Most Tara Bibi and others..........Petitioners Vs. Md. Munsur Ali and others ........................Respondents. Judgment Decemb..

Category: Property Law | Date: | Hits: 51

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 Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......enior Advocate instruct­ed by Md. Nawab Ali Advocate-on-Record-For the Petitioners. Not Represented- the Respondents. Civil Review Petition No.15 of 2009. (From the judgment and order dated 6.11.2008 passed by the Appellate Division in Civil Appeal No. 332 of 2003) Judgm......is Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ...... 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.........Respondents Judgment Augus..

Category: Property Law | Date: | Hits: 26

Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......vocate-On-Record–For the Petitioner. (In both the petitions) Not Represented- the Respondents. (In both the peti­tions) Civil Review Petition Nos. 4 and 5 of 2009. (From the judgment and order dated 29.07.2008 passed by this Appellate Division in Civil Petition for Leave to Appeal No.60......ed to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......pellate Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Gafur.....................Petitioner (In both the petitions) Vs. Pre-emptor No.1-Md. Nuru Miah being dead his heirs: Md. Mukle..

Category: Property Law | Date: | Hits: 27

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......  the High Court Division in Civil Revision No.2516 of 1996 with Civil Rule No.350(R) of 1996) Judgment SK Sinha J.- This appeal by leave grant­ed by this Court from the judgment and order dated 31st May, 2001 and 3rd June 2001 of the High Court Division in Civil Revision No. 2516 o...... Ed. This Case is also Reported in: VII ADC (2010) 271. ......Supreme Court Appellate Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J SK Sinha J Most. Monowara Begum and others.............Petitioners Vs Malanch Bibi and others............................Respondents Judgme..

Category: Property Law | Date: | Hits: 20

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......ust state the reasons why the investigation could not be completed within 24 hours and what are the grounds for believing that the information received against him is well-founded ........(19) The order for detaining in police custody is passed by a Magistrate in exercise of the power given to hi......nts are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ...... (Special 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, ..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

....nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......nal Appeal No. 74 of 2009). Not represented— the Respondent (In Criminal Appeal No. 73 of 2009). Criminal Petition for Leave to Appeal No. 73-75 of 2009. (From the judgment and order dated 12-8-2008 of the High Court Division passed in Death Reference No. 46 of 2004 heard anal......ecision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ...... Appellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Md. Abdul Aziz J State.....................Petitioner Vs. Shahin and others...... ............Respondent Judgment April ..

Category: Others | Date: | Hits: 93

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

....plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......rd—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by the High Court Division in Writ Petition No. 3868 of 2004). J......€™ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......st the above order of mutation, Shihamul Haque preferred Misc. Appeal Case No.13 of 1981 claiming title on the basis of deed of exchange (settlement) dated 16-6-1980 and the Additional Deputy Commissioner (Revenue) Dhaka, by order dated 12-1-1982, without at all giving any finding as to posses­sion..

Category: Property Law | Date: | Hits: 29

Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)

....did not consider those findings. 11. In the case of AKM Abdul Hye, (Supra) the High Court Division was of the view that the pre­sumption of correctness as to the entry of SA and RS record finally published under section 19(3) in Chapter IV has no basis. The Appellate Division found those observa......d—For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For respondents. Civil Appeal No. 122 of 2006. (From the judgment and order dated 21st June, 2006 passed by the High Court Division in Civil Revision No. 3001 of 2001). ......se of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......in: 62 DLR (AD) (2010) 242. ..

Category: Tenancy Law | Date: | Hits: 174

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)

....ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......hurshid Alam Khan, Advocate (with MA Aziz Khan, Advocate) instructed by Zahirul Islam, Advocate-on-Record—For the Added Respondent No. 2. Criminal Appeal No. 5 of 2009. (From the judgment and order dated 20-11-2008 passed by the High Court Division in Criminal Miscellaneous Case No. 11212 of......ase. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......otally given a go-bye to the points agitated before the High Court Division and tried to make out a third case in this Division. 8. The word 'process' is a general word meaning in effect anything done by a Court. "Abuse of the process of the Court" is generally applied to a case or proceeding whi..

Category: Anti-Corruption Laws | Date: | Hits: 195

State Vs. Azizul Haque, 2008, 37 CLC (AD)

....failure of justice in acquitting Azizul Haque and others. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ......y Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.437 of 2008. (From the judgment and order dated 05.06.2008 and 08.06.2008 passed by the High Court Division in Criminal Appeal No.3304 o......ers. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 267. ...... Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J The State……………………….Petitioner Vs. Azizul Haque ...............Respondent Judgment November 23, 20..

Category: Others | Date: | Hits: 63

Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)

..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......the Petitioner. Zainul Abedin, Deputy Attorney General and also Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 9 of 2008. (From the judgment and order dated 11.11.2007 passed by the High Court Division in Death Reference No.93 of 2004 along with......pending in the court of the learned Additional Sessions Judge, 7th Court,  Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ......ellate Division (Criminal) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Sohel alias Sanaullah alias Sohel Sanaullah…………...Petitioner Vs. The State repre­sented by the Deputy Commissioner, Dhaka ............Respond..

Category: Others | Date: | Hits: 83

Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)

.... the judgment and order of the High Court Division calling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......Advocate instructed by Syed Mahbubar Rahman and A.S.M. Khalequzzaman, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 2 of 2008. (From the judgment and order dated 29.10.2007 passed by the High Court Division in Criminal Revision No. 859 of 2006.) ......lling for interference by this Court and accord­ingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 252. ......on (Criminal) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another……….Petitioners Vs. The State and another..........Respondents Judgment March 8, 2..

Category: Others | Date: | Hits: 82

A.B.M. Asgar Vs. Administrator and the Chairman of the Allotment Committee, Dhaka and others, 2010, 39 CLC (AD)

....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. ......te, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not Represented- For Respondents Nos. 2 & 3. Civil Appeal No. 87 of 2002. (From the judgment and order dated 27.7.1999 passed by the High Court Division in Writ Petition No.471 of 1989.) Jud......as to costs. Ed. This Case is also Reported in: VII ADC (2010) 241. ......cided to construct a Super Market on the said plots adjacent to the Ahasan Manzil monument. 3. In the premises, the government by let­ter dated 18th January, 1986, directed the Deputy Commissioner, Dhaka to take over and deliver the possession of the lands to the Dhaka City Corporation for c..

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. ......e, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 533 of 2009. (From the judgment and order dated I 28.10.2008 passed by the High Court Division in Civil Revision No.1642 of 2003.) ...... appeal. Ed. This Case is also Reported in: VII ADC (2010) 237. ...... 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……………..Respondents Order ..

Category: Property Law | Date: | Hits: 18