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Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......otal 1.62 ¾ acres of land mentioned in the auction notice while the respondent No.4 the other tenderer, offered Tk.18,50,200/- for the entire 1.62 ¾ acres of land. The respondent No.4 then filed an application to the executing Court stating that he is ready to buy .68 acres of land at a price of T..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......fendant No.9 presented a Memo of Cross-Objection being Cross‑Objection Tender No.735 of 1991 under Order 41, rule 22 of the Code of Civil Procedure in FA No.771 of 1991 on 11.12.91. Thereafter an application under Order 1, rule 10 CPC was filed by Abul Kalam Azad, defendant No.5 for adding him a..Category: Civil Law | Date: | Hits: 96
Anti Corruption Commission Vs. Md. Enayetur Rahman and others, 2011, 40 CLC (AD)
....ion is set aside. Accordingly, this petition is disposed of with the above observations. Ed. This Case is also Reported in: 8 LG (AD) (2011) 153, 16 MLR (AD) (2011) 297, VIII ADC (2011) 691. ......ed to make the writ petition without availing a petition under section 561A of the Code of Criminal Procedure is devoid of substance. The High Court Division also noticed that there is no scope for application of provisions of Emergency Power's Rules in the trial of the case. The High Court Divisi..Category: Anti-Corruption Laws | Date: | Hits: 214
....ted earlier by this Court stands vacated.
Send down the lower Court records and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 16 BLC (2011) 909. ......udge and Bankruptcy Court, Chittagong, who dismissed the appeal and affirmed the judgment and decree passed by the trial Court.
7. Being aggrieved thereby, the defendants as petitioners filed an application under section 115(1) of the Code of Civil Procedure before this Court and obtained the p..
Category: Admiralty Law or Maritime Law | Date: | Hits: 307
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....use it depends upon the nature of the holding. We do not find any substance in this petition. Therefore, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 238. ......t Ruhul Islam J. - This petition for special leave to appeal is directed against the judgment of the High Court Division dated November 30, 1978 in Civil Revision Case No.43 of 1974 dismissing the application for Review of the order summarily rejecting the application under section 115 of the Cod..Category: Property Law | Date: | Hits: 76
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....on fell into an error of law in making the Rule absolute ignoring the fact that the trial Court considering all the relevant facts and materials rejected the Commissioner's report to pave the way for fresh commission for equitable partition of adjudged Hindu Joint Family properties by metes and boun......ident that the learned Advocate Commissioner duly allotted the share of the plaintiff by his report as per preliminary decree of the partition suit. During pendency of the suit the plaintiff filed an application before the trial Court for assessment of the value of the property described in schedule..Category: Property Law | Date: | Hits: 93
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)135.......g failure of justice; that the informant could have maintained a revision petition under Section 439 of the Code of Criminal Procedure if he had obtained permission from the Solicitor to make such an application. But no permission is necessary only a notice is to be served upon the Solicitor as to w..Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....uit for specific performance of contract having no title, interest and possession over the suit property. However, pending aforementioned application of third party plaintiff on 23-3-2004 by filing a fresh Vokalatnama prayed for hearing of- the application dated 18-3-2004, upon hearing the applicati......for Specific Performance of Contract, the activities of the parties led to so many knots by which it is difficult to find which is the original knot by which the tie was tied. 11. In the suit an application under Order I, rule 10 of the Code of Civil Procedure was filed by a person claiming to ..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......receipts Ext. 4 series. The said CS plot No.313 has been recorded in the revisional survey operation in six separate plots. As there was wrong recording in respect of the area the plaintiffs filed an application on 25.3.74 Ext.11 before the Revenue Officer, Dhaka for correction of the said mistake. ..Category: Property Law | Date: | Hits: 55
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....if any valid compromise is effected between the parties that can be accepted on being satisfied as per provisions of law, and that if no valid compromise is effected, the executing Court will publish fresh notice for sale of the mortgaged property in accordance with law. 5. The High Court Divisio...... 2003 was fixed for sale of the mortgaged property. As no bidder attended in the auction sale on successive three dates on 12th March, 30th March and 14th June, 2003, the decree holder came up with a application that it had amicably settled the dispute regarding payment of the decreetal amount with ..Category: Civil Law | Date: | Hits: 90
Md. Obaidul Kader Vs. The State, 2011, 40 CLC (HCD)
....reby quashed. The accused is released from the bail bond. Stay granted earlier is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 264.......l and Monzu Naznin (Rosy), Assistant Attorney General - Opposite Party No.1 (State). Md. Khurshid Alam Khan, Advocate - Opposite Party No.2 (ACC). Criminal Miscellaneous No. 5735 of 2008. An application u/s 561A Cr.P.C for quashment of the proceedings of Special Case No. 4 of 2008 pending i..Category: Criminal Law | Date: | Hits: 111
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
.... The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 248....... (Against the judgment and order dated 6.8.2006 passed the Joint District Judge, third Court, Comilla in Miscellaneous Appeal No. 83 of 1991.) Judgment Md. Delwar Hossain J.- This Rule on an application under section 115(1) of the Code of Civil Procedure was issued calling upon the opposit..Category: Property Law | Date: | Hits: 91
Hemayetuddin and others Vs. Md. Shahjahan Miah and others, 2009, 38 CLC (HCD)
....Court at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 242....... Being aggrieved by and dissatisfied with the judgment and decree passed by the learned Joint District Judge, 1st. Court, Barguna, the Defendant-Respondent-petitioner preferred the instant revisional application under Section 115 of the Code of Civil Procedure before the High Court Division and obta..Category: Property Law | Date: | Hits: 72
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....die cognizance of the offence under the Prevention of Corruption Act punishable under section 5(2) of the Act having been taken by the Senior Special Judge, taking of cognizance by the Special Judge afresh did not arise. In the instant case the cognizance of offence under the Special Act has been ta......rul Kabir Chowdhury, Deputy Attorney General and Sharifuddin Chaklader, Assistant Attorney General ‑ For the State. Criminal Revision No. 657 of 1992. Judgment Habibur Rahman Khan J.- This application under section 439 read with section 435 Cr.P.C. filed at the instance of the accused pet..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....an J.- The Rule obtained under Article 102(2)(a)(i) of the Constitution of the People's Republic of Bangladesh is directed against an order dated 15.3.92 issued by the Election Commission directing a fresh election of Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad, Sandwip,......and no report has been made about any disturbance or rigging by the presiding officer or the Returning Officer, then the Election Commissioner has no power to interfere, cannot be taken for universal application." 11. In the case of Abdur Rouf Miah Vs. Fazlur Rahman reported in 43 DLR (AD) 23 it ..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......y tenant of one Parimal Bhattacherjee who later on sold his interest to Abdus Salam and others and from July 1970 he was attorned to the said Abdus Salam. 5. On 9.2.92 the petitioners submitted an application claiming that the plaintiff is not the owner of the suit premises. They purchased it fro..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....impugned judgment and order passed in aforesaid trial warrants our interference for quashment. 21. Generally, when any case is suffered from mistrial or trial without Jurisdiction, the question of fresh trial usually comes for consideration. In this background of the case, let us consider the ......ribunal on 12.4.2010 and the convict-petitioners, namely, Sajal alias Sujan Meah and Siraj alias Siraj Meah were rounded up by the police on 12.7.2003. The convict petitioners thereafter submitted an application for certified copy of the impugned judgment and order of conviction and sentence and oth..Category: Criminal Law | Date: | Hits: 86
....re of the view that the respondents should have acted faster in disposing of the petitioners applications and could have also absorbed/appointed them as per the aforementioned clear laws prior to any fresh appointment, if they are not barred otherwise, causing their unnecessary sufferings and anxiet......ate-on-Record-For the Respondent Nos. 1-6
Not represented- Respondent No.7-36.
Civil Petition for Leave to Appeal Nos. 2033 of 2009.
Judgment
Shah Abu Nayeem Mominur Rahman J. - Instant application under Article 103 of the Constitution is for leave to appeal against the judgment and or..
Category: Employment/Service Law | Date: | Hits: 62
State vs. Md. Monwar Hossain Dipzol, 2009, 38 CLC (AD)
....ned Additional Attorney General on behalf of the petitioner. Accordingly, this leave petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 171, 16 MLR (AD) (2011) 396. ......Arms Act and the High Court Division erroneously quashed the conviction and sentence of the respondents. The learned Additional Attorney General next submits that the impugned order clearly shows non-application of judicial mind by the learned Judges of the High Court Division as the matter involves..Category: Criminal Law | Date: | Hits: 67
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
....e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......en the said decision of the Inspector General of Police of the impugned orders. Moreover, we hold the view that the provision of section 9(2) of the Public Servants (Retirement) Act, 1974 do not have application in the cases of government servants like the police constables, Assistant Inspector of P..Category: Employment/Service Law | Date: | Hits: 47
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