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Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)

....ng on behalf of the peti­tioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......7, in the Fifth Court of Senior Assistant Judge, Chittagong, pray­ing for a decree for partition of the suit-land, with a further prayer for declaration of their title. The petitioners also filed an application for an order of injunction to restrain the defendant Nos. 2, 3 and 39-42 from making any..

Category: Administrative Law | Date: | Hits: 166

Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)

....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......March, 2008 allowed the case and directed the petitioners to give him pension and other retirement benefits. Being aggrieved by the said judgment and order the petitioners preferred an appeal with an application for condonation of delay of 7(seven) months, 14(fourteen) days. The Administrative Appel..

Category: Administrative Law | Date: | Hits: 206

Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)

....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......was barred by limitation. 5. The trial court decreed the suit and on appeal the judgment of the trial court was affirmed and the appeal was dismissed. Thereafter the defendant filed the revisional application before the High Court Division and the High Court Division made the Rule absolute and se..

Category: Property Law | Date: | Hits: 71

M/S. Concord Ready Mix and Concrete Products Ltd. Vs. Tax Settlement Commission and another, 2009, 38 CLC (AD)

...., we find no sub­stance in the submissions of the learned Counsel for the appellant. Accordingly, the Appeal is dismissed in ex-parte. Ed. This Case is also Reported in: VIII ADC (2011) 428. ......respondent No.2 by depositing TK.60,576.00 on the same day being the tax payable on the basis of the returned filed by it to the respondent No.1. But the Taxes Settlement Commission rejected the said application for settlement by an order dated 02.12.1997 on the ground that the applicant company hav..

Category: Fiscal/Taxation Law | Date: | Hits: 113

Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)

....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ...... dated one created with prior knowledge of the deed of agreement for sale executed by his vendors with the defendant. Exhibit-Ga, is an order of the High Court Division summarily rejecting revisional application being Civil Order No.1548 of 1993 moved by the plaintiff against an order rejecting his ..

Category: Procedural Law | Date: | Hits: 76

Oriental Bank Ltd. Vs. Federal Insurance Company Ltd., 2010, 39 CLC (HCD)

....reasons above cited this Court finds no merit in this Application. In the result, this Application is dismissed. There is no order as to costs. Ed. This Case is also Reported in: ......ormance to take place.” 14. The rationale behind this principle as elaborated upon by then Lord Chancellor, Lord Westbury (as referred to in the Partapsingh Case) in terms that call for a strict application of the principal of discharge and which, in the view of this Court, effectively counters..

Category: Company Law | Date: | Hits: 203

Pradip Kumar Malakar Vs. Birendra Chandra Malakar and others, 1993, 22 CLC (HCD)

....trial Court set aside the order impugned. 3. In the result, the Rule is made absolute. I accord no costs as the Rule is not opposed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 422.......Md. Fazlul Haque, Advocate ‑ Petitioner. No one ‑ For the Opposite Parties. Civil Revision No. 7323 of 1991. Judgment AM Mahmudur Rahman J.- This rule is against an order allowing an application to withdraw the suit. The order is dated 26.5.1991. 2. Mr. Md. Fazlul Haque, submits ..

Category: Procedural Law | Date: | Hits: 72

Mahmud Ibne Abbas Vs. Begum Momtaz Hossain and another, 1991, 20 CLC (HCD)

....ad been prayed for and to take steps for submission of the commissioner's report within one month of receipt of a copy of this order. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 419. ......Suit No.93 of 1990 the suit so renumbered after its transfer from the 1st Court of Assistant Judge Dhaka where the suit was numbered as Title suit No.253 of 1988; rejecting the plaintiff petitioner's application under Order 39 rule 7 read with section 151 of the CPC praying for local inspection and ..

Category: Property Law | Date: | Hits: 80

Government of the People's Republic of Bangladesh Vs. Subordinate Judge, 4th Court and Arbitrator, Dhaka and Others, 1992, 21 CLC (HCD)

....respect of deceased respondent No.2 Md. Ishaque Miah. The writ application may however be continued to terminate in due process of law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 391.......in, Deputy Attorney General ‑ For the Petitioner. MG Bhuiyan with Abdur Rashid Gazi, Advocates ‑ For Respondents. Writ Petition No.1521 of 1991. Judgment AKM Sadeque J.- There are two applications one dated 4.7.92 and the other dated 21.7.92 for disposal. The application dated 4.7.92..

Category: Alternative Dispute Resolution | Date: | Hits: 213

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ......o.91 of 1985 on 92.1986 when the civil Court delivered possession of the suit property after evicting the said MA Aziz. The Government did not prefer any appeal against the said judgment but filed an application under Order 9 rule 13 of the Code of Civil Procedure read with section 11 of the Ordinan..

Category: Property Law | Date: | Hits: 86

Bangladesh Atomic Energy Commission Vs. Md. Al-Amin Sarker and others, 2011, 40 CLC (AD)

....ed 6.10.2010 passed by the High Court Division in Writ Petition No. 6308 of 2009 be stayed till disposal of the Appeal. Ed. This Case is also Reported in: VIII ADC (2011) 388.   ......udget from the case project and some of those officers were also consid­ered for promotion and in due course they were promoted to the higher posts. 4. That some 81 employees of the BABC filed an application to the authority for review of the concerned seniority list and its consequential amendm..

Category: Employment/Service Law | Date: | Hits: 81

Hussain Mohammad Ershad Vs. State, 1992, 21 CLC (HCD)

....l everybody concerned has forgotten all about the crime. The public interests demanded that criminal justice should be swift and sure and that the guilty should be punished while the events are still fresh in the public mind and that the innocent should be absolved as early as is consistent with a f......, Obaidur Rahman Mostafa, Assistant Attorney‑General and Farid Ahmed, Advocate ‑ For the Opposite Party. Criminal Revision No.120 of 1992. Judgment Anwarul Haque Chowdhury J. -This is an application under section 439 read with section 435 of the Code of Criminal Procedure and is directe..

Category: Criminal Law | Date: | Hits: 125

Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)

....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......passing appropriate orders. The learned Advocate contends that as no final order of discharge of the accused or of dismissal of the Naraji petition was passed by the learned Magistrate the revisional application under section 436 of the Code of Criminal Procedure before the learned Sessions Judge wa..

Category: Criminal Law | Date: | Hits: 89

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ...... the Petitioners. SC Das with Subrata Chowdhury, Advocates‑For the Opposite Party No.1. Criminal Revision Case No. 270 of 1989. Judgment Abdul Bari Sarker J.- This Rule arises out of an application under section 561 A of the Code of Criminal Procedure for quashing the Petition Case No...

Category: Criminal Law | Date: | Hits: 89

Alesuddin Mondal Vs. Md. Toyezuddin Dewan, 1991, 20 CLC (HCD)

....n committed by the Courts below. In the result, the Rule is discharged with cost. The lower Court record be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 105. ......e. Opposite party No.1 Toyezuddin is admittedly a co‑sharer of the disputed holding The sale dud sought to be pre‑empted was registered under section 60 of the Registration act on 21.8.78 and the application for pre‑emption was filed on 18.12.78, Thus it is evident that application under secti..

Category: Property Law | Date: | Hits: 81

Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)

....e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ...... MAY CONCERN Certified that I, on behalf of my client, Mr. Ayub Ali Mohaldar, son of late Omar Ali Mohaldar, of village Durgapur, Police Station Manirampur, District Jessore moved a Civil Revision application before the Hon'ble High Court Division at Jessore on 9.4.89 against the Order No.10 date..

Category: Criminal Law | Date: | Hits: 84

Kazi Bashirul Islam alias Laboo Kazi and another Vs. Naresh Chandra Das and others, 1991, 20 CLC (HCD)

....se of the learned Subordinate Judge, Munshiganj, passed in Title Suit No.71 of 1981 are restored. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 98........ Lawyers Involved: AKM Shahidul Huq, Advocate‑For the Petitioners. No one ‑For the Opposite Parties. Civil Revision No.739 of 1985. Judgment Naimuddin Ahmed J.- This revisional application under section 115 of the Code of Civil Procedure is directed against the judgment and de..

Category: Procedural Law | Date: | Hits: 59

Naresh Lal Saha and other Vs. Bhupati Mohan Roy and others, 1990, 19 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 96.......them to retain the account books, documents and papers of the Trust Estate in their possession and to render full and complete accounts thereof. That in course of the suit, these petitioners filed an application under Order 14 rule 2 and Order 15 rule 3 of the Code of Civil Procedure for disposing o..

Category: Procedural Law | Date: | Hits: 62

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......the defence that the condemned prisoner Akhtar Hossain was brought from the place of his work at Baradi Bazar and at the instance of the interested quarter he was handed over to the police who by the application of torture and other methods extorted confession and as a result the accused appellant N..

Category: Criminal Law | Date: | Hits: 110

MM Enterprise Limited Vs. General Certificate Officer, Collectorate Building, Comilla, 1992, 21 CLC (HCD)

.... against payment of 75% of the cost of potatoes or 50% against trust receipt and this was communicated to the petitioner on 30.11.82. But by this time, the sea of potatoes selling was almost over and fresh vegetable of all kinds were available in market in plenty. Consequently the belated decision o......es have to be marketed within a limited period before coming into market of winter vegetables which during these years come to market quite early (by November) on account of use of improved seeds and application of scientific methods. 4. The petitioner wanted to start sale from early August and a..

Category: Civil Law | Date: | Hits: 99