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....tion for Leave to Appeal No.60 of 2002 before this Division, which was dismissed on 05.05.2003. While taking steps for recovery of khas possession, defendant No.2 found a sale notice dated 15.08.2003 published in The Daily Ittefaq in respect of the suit property. After that, defendant No.2 through h......esented-Respondent Nos.2-3.
Civil Petition for Leave to Appeal No.2306 of 2009.
Judgment
Syed Mahmud Hossain J.- This civil petition for leave to appeal is directed against the judgment and order dated 04.06.2008 passed by a Division Bench of the High Court Division in Civil Revision No.25......he Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......April 8, 2012.
Result:
The Petition for Leave to Appeal is dismissed.
Lawyers Involved:
Shah M. Zahurul Huq, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioners.
Md. Nurul Amin, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respon..
Category: Civil Law | Date: | Hits: 174
Dulal Howlader & others Vs. State, 1995, 24 CLC (HCD)
..... However, the accused may be prosecuted, if the prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......ur Rouf, Assistant Attorney-General - For the State. Criminal Appeal No.897 of 1993. Judgment K M Hasan J.- This appeal at the instance of the appellants is directed against the Judgment and order dated 15.5.93 passedby the learned Special Tribunal Judge No.3, Barisal, in Special Tribunal C......he prosecution so desires, under the normal law of the country. Send down the record. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 269. ......al Tribunal Case No.73 of 1992 convicting the accused appellant under section 387 of the Penal Code. 2. The prosecution case is, in short, that in the night following 5.6.92 after the evening meal one M Askander Ali and other members of his family went to bed. Later on at about 12‑30 his wife M..Category: Criminal Law | Date: | Hits: 132
Begum Shamsunnahar Chowdhury Vs. Md. Masud Jamal and others, 1994, 23 CLC (HCD)
....115 of the Code of Civil Procedure. In view of the above, the Rule is discharged. Let the lower Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......party No.1 also entered appearance in Miscellaneous Case No.59 of 1986 and prayed that he be allowed to pay all dues to the House Building Finance Corporation by annual installments. The Court by its order dated 30‑4‑90 allowed the prayer to pay the claim of Taka 4,43,601.00 by ten equal annual ......Court records be sent down at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 267. ......R (HCD) (1996) 267. ..Category: Civil Law | Date: | Hits: 132
Bangladesh Power Development Board Vs. Sonali Bank and others, 1982, 11 CLC (HCD)
....missed the Misc. Case. The appeal is, therefore, dismissed withÂout any order as to costs. Amirul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 157. ......p; Asrarul Hossain with Abdul Azim - For the Respondents. Appeal from Original Order No.447 of 1979. Judgment Md. Altaf Hossain J.- This appeal is directed against the Judgment and order dated 28.5.82 passed by the learned Subordinate Judge 3rd Court, Dacca in Miscellaneous case N......Case is also Reported in:35 DLR (HCD) (1983) 157. ...... Md. Altaf Hossain J.- This appeal is directed against the Judgment and order dated 28.5.82 passed by the learned Subordinate Judge 3rd Court, Dacca in Miscellaneous case No.7 of 1977 arising out of money suit No.26 of 1974. 2. The respondent No.1 as plaintiff insÂtituted the aforesaid money sui..Category: Procedural Law | Date: | Hits: 143
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
.... Let a copy of this Judgment be forwarded to the learned Magistrate wherever he is posted now. Mohammed Habibur Rahman J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 151. ......d Magistrate ought to have discussed the merits of the case and as a trial Court he should not have acquitted the respondent on a mere technical ground. In the result, the appeal is dismissed. The order of acquittal passed by the learned Magistrate dated 28.6.79 is affirmed. Let the records be......€¦â€¦â€¦â€¦â€¦Respondent Judgment February 13, 1983. Result: The appeal is dismissed. Cases Referred to- Tamlia Vs. Hannaford, 1950 (1) K.B. 18. B.S.I.; Corporation Vs. Mahbub Hossain Chowdhury 29 D.L.R. (SC) 41. Lawyers Involved: Matiur Rahman, Assistant Attorney-Gene....... ..Category: Others | Date: | Hits: 163
Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)
....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......appeal and affirming those dated 20.2.1991 passed by the learned Assistant Judge, 5th Court, Dhaka in Title Suit No.244 of 1999 decreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal o......nt: Shahidul Islam J Hanif Chowdhury alias Serajul Islam Chowdhury………………………Defendant-Petitioners Vs. Mohammad Hasan Ali and another………………………………Plaintiff-Opposite Parties Judgment March 22, 2007. Result: The Rule is made absolute. C......n: 15 BLT (HCD) (2007) 415. ..Category: Civil Law | Date: | Hits: 129
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......is Criminal Appeal under section 10 of the Criminal Law Amendment Act, 1958 at the instance of Md. Abdul Hye, Md. Abu Bakar and Md. Abu Zafor Siddiky & Akhter is directed against the Judgment and order dated 30.04.2005 passed by the learned Divisional Special Judge, Rajshahi Division, Rajshahi, ......y on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ...... To establish the charge under clause (c) of sub-section 5, the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or converted the same for his own use or allowed any other p..Category: Criminal Law | Date: | Hits: 109
Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....l under a statue will not be a bar to, a Writ Petitioner under Article 102(2) of the Constitution if there is non-relaxable pre-condition for bringing the Appeal. Moreover, the Nitimala, 1995 was not published in the Government gazette. Therefore, the Nitimala 1995 are for its internal administratio...... Payment Order (shortly, MPO) of the college of the petitioner (Annexure- E) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper: 2. The facts leading to the issu......e date of receipt of a copy of this Judgment. There is no order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 481. ......Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Mongal Paita Perkhiddah College………………………….Petitioner Vs. Government of Bangladesh and others…………………………………Respondents..Category: Others | Date: | Hits: 112
Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)
....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ...... Siddiqur Rahman Miah J.- This Criminal Revision under section 439 of the Code of Criminal Procedure at the instance of Md. Abdul Quddus and Md. Rafiqul Islam are directed against the Judgment and order dated 24.4.2003 passed by the learned Sessions Judge, Nilphamari in Criminal Appeal No.10 of 2......ho is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ......so Reported in: 15 BLT (HCD) (2007) 470. ..Category: Criminal Law | Date: | Hits: 119
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......: Nurul Islam Bhuiya, Advocate-on-Record - For the Petitioner. Not Represented – the Respondents. Civil Petition for Leave to Appeal No. 1581 of 2003. (From the judgment and order dated 17.6.2003 passed by the High Court Division in Writ Petition No. 1618 of 2000). Ju......nterference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......T (AD) 174...Category: Civil Law | Date: | Hits: 122
Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)
....d was promoted from the rank of Deputy Secretary to the rank of Joint Secretary with effect from that date (Annexure X(3)). It also appears from an order of appointment and transfer of the Government published in the Daily Sangram dated 18.3.92 that Mr. Al‑Amin Chowdhury, Joint Secretary and Offic......285 of 1989 with Writ Petition No.1233 of 1989. Judgment Kazi Ebadul Hoque J.- These two Rules have been issued at the instance of the petitioner against the respondents calling in question the order of his suspension date 26.6.88 and compulsory retirement from service dated 19.10.89 respectiv......er as to costs in the Rules considering the facts and circumstances of the cases. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 527.......d in: 44 DLR (HCD) (1992) 527...Category: Employment/Service Law | Date: | Hits: 231
Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ing which it had already collected tolls. With this direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......san J. - These two applications are taken together as the facts and the law points involved in both are same. In Writ Petition No.2736 of 1999 the respondents are asked to show why clause (Ga) of the order dated 21-4-98 issued by respondent Nos.2 and 5 (Annexure-G) should not be declared to be void ......direction the Rule is discharged without any order as to costs. Stay is vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 209.......ed in: 52 DLR (HCD) (2000) 209...Category: Others | Date: | Hits: 170
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
....mediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surplus personnel as published in the office memorandum No.ED(R- 11)S-59/77-25(500) dated 20-3-97 Annexure Z-6. 3. At ......ent the petitioner along with others was recruited to the Bangladesh Civil Service Trade Cadre following his outstanding results in the 11th BCS examination in which this petitioner came first in the order of merit. This notification dated 16th February, 1993 is Annexure-A(1). The petitioner joined ......Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357.......: 50 DLR (HCD) (1998) 357...Category: Employment/Service Law | Date: | Hits: 186
Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)
....g licence as a final legal step to start its activity, in full compliance with the existÂing regulation. In a very surprising move, in the context of strong external pressure, which has been largely published in a local media recently, the competent authority decided to suspend the shipping licence......t No. 1. Rafique-ul Huq, Senior Advocate instructÂed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Civil Petition for Leave to Appeal No. 139 of 2009. (From the order dated the 1st day of December, 2008 passed by the High Court Division in Writ Petition No. 953......of 2008 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 673. ...... MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Bangladesh repreÂsented by the Secretary, Ministry of Finance and others……..Petitioners Vs. CMA CGM Bangladesh Shipping Limited……………...Respondent Order ..Category: Administrative Law | Date: | Hits: 318
....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
...... upon the respondent Income Tax Appellate Tribunal Chittagong to show cause as to why his refusal to entertain the appeal of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful a......e appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
......HCD) (1997) 279.
..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)
.... passing the impugned order. We therefore find no merit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......ecord submitted that the Government having allowed the petitioner to pay its dues by deducting from the milling charge and having not supplied paddy to the petitioner acted illegally in canceling the order dated 5‑2‑1990 by the impugned order dated 13‑5‑1991. He further submitted that a vest......erit in these Rules. In the result, all the Rules are discharged with costs. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 277. ......urt High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Janapriya Rice Mills Ltd and 2 others………………………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Food, Bangladesh SecreÂtariat..Category: Others | Date: | Hits: 146
Bangladesh Water DevelopÂment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......r the Opposite Party. Civil Revision No.1451 of 1995. Judgment Md. Abdul Karim J.- This Rule issued on an application under section 115 of the Code of Civil Procedure is directed against the order dated 21‑1‑95 passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Miscellaneous ......es ‑ For the Opposite Party. Civil Revision No.1451 of 1995. Judgment Md. Abdul Karim J.- This Rule issued on an application under section 115 of the Code of Civil Procedure is directed against the order dated 21‑1‑95 passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Misce...... 261. ..Category: Alternative Dispute Resolution | Date: | Hits: 521
State Vs. Abul Howlader, 1995, 24 CLC (HCD)
....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......s of sections 300 and section 299 abruptly came to the conclusion that the accused has committed the crime punishable under section 302 of the Penal Code and awarded the extreme penalty of death. The order of conviction and sentence is grossly against law and cannot be sustained but it is liable to ......ment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......il appeal is dismissed. Case Referred to- AIR 1977 SC 45. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney-General ‑ For the State. Not Represented ‑ For the Condemned Prisoner. Death Reference No.19 of 1992 with Jail Appeal No.1251 of 1992. Judgment Qazi Shafiud..Category: Criminal Law | Date: | Hits: 97
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
....e, Dhaka, in Arbitration Misc. Case No.368 of 1994/37 of 1994 is set aside. Send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 249. ......adud Khondaker, Advocate ‑ For the Opposite Party. Civil Revision No.3934 of 1994. Judgment Abdul Karim J.- This Rule was issued calling upon the Opposite Party to show cause as to why the order dated 27.11.94 passed by the learned Subordinate Judge and Arbitration Court, Dhaka, in Arbitr......s. Bangladesh Air Services Pvt. Ltd..................Opposite Party Judgment February 8, 1996. Result: The rule is made absolute. Cases Referred to- Michael Golodetz Vs. Serajuddin and Co., AIR 1963 (SC) 1044; Rabindra N. Maitra Vs. Life Insurance Corporation of India, AIR 1964......48 DLR (HCD) (1996) 249. ..Category: Alternative Dispute Resolution | Date: | Hits: 304
Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)
....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......inal Revision No.430 of 1980. Judgment Abdul Matin Khan Chowdhury J.- This Rule arises out of an application under sections 439 and 561A of the Code of Criminal ProÂcedure directed against the order No.6 dated 15.9.80 passed by the learned Sessions Judge, Bakerganj in Sessions Case No.213 of ......d down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......Court Division (Jessore Bench) (Criminal Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Anwarul Hoque Chowdhury J Khorshed Alam…………………………Petitioner Vs. The State & others…………………………Opposite-Party Judgment No..Category: Procedural Law | Date: | Hits: 100
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