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Abdul Baten Vs. State, 2011, 40 CLC (HCD)

....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......onvicted the petitioner and sentenced them as stated above. 7. Being aggrieved there against since the petitioner could not prefer any appeal within time, he obtained the instant rule on filing an application under section 561-A of the Code of Criminal Procedure. 8. We have heard both the side..

Category: Criminal Law | Date: | Hits: 56

Liton Vs. State, 2011, 40 CLC (HCD)

....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......convicted the petitioner and sentenced him as stated above. 7. Being aggrieved there against since the petitioner could not prefer any appeal within time, he obtained the instant rule on filing an application under section 561A of the Code of Criminal Procedure. 8. We have heard both the sides..

Category: Criminal Law | Date: | Hits: 48

Md. Shahidul Islam Vs. State, 2011, 40 CLC (HCD)

.... the trial of the case, the trial Court is hereby directed to consider the bail of the appellant. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......tant Attorney General appearing for the respondent opposes the prayer for bail. 8. Heard the learned advocate of both the sides and perused the FIR, charge sheet, relevant documents annexed to the application for bail and the impugned order. 9. In view of the submission of the learned advocate..

Category: Criminal Law | Date: | Hits: 64

Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)

....the said purportedly acquired lands had not been used by the Roads and Highways Division and the same should deem to be released from the attire of acquisition; that the respondents did not issue any fresh notice for acquisition and requisition and the lands were unused and unutilzed for long 50 yea......is Petition for Leave to Appeal is directed against the judgment and order dated the 20th day of April, 2008 passed by the High Court Division in Writ Petition No.2597 of 2008 summarily rejecting the application without issuing the Rule. 2. The facts involved in the case, in short, are that the p..

Category: Property Law | Date: | Hits: 59

Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)

....petitioner. The gen­uineness of the power of attorney and the sale agreement, being question of fact, having been concurrently decided by the courts below, we are not required to exam­ine the same afresh. Even then we have perused the pleadings and the judgments of the Trial Court as well as of Ap......ing the Title Suit No. 134 of 2000 filed by the petitioner hereof as plaintiff praying for a decree for Specific Performance of Contract. 2. The facts relevant for the purpose of dis­posal of the application are that the plain­tiff filed the Title Suit No.509 of 1990 which was renumbered as Tit..

Category: Property Law | Date: | Hits: 61

Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)

....une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ....... Wahidullah, lftekhar Ahmed, Advocates—For the Petitioners. Syed Mahmudul Ahsan, Advocate—For the Opposite Parties. Matter No.151 of 1997. Judgment Respondent Nos.1-3 have filed this application for summary dismissal of the main application filed by petitioners under section 233 of ..

Category: Company Law | Date: | Hits: 235

Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)

....t apply his judicial mind at the time of framing charge which is apparent from the fact that he did not consider the inquiry report. So, the matter is sent back to the learned Magistrate for hearing afresh in the light of observations made in this judgment. 7. In the result, the Rule is made abso......ssions Judge by filing the above Criminal Revision which was heard by the learned Additional Sessions Judge. The Revision was rejected and then the accused petitioners moved this Court by filing this application under section 561A of the Code of Criminal Procedure. 3. Mr. Enayetur Rahim appeared ..

Category: Criminal Law | Date: | Hits: 67

KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)

....and reschedulement of payment of loan was drawn in the year 1997. Since then Islam Group have regularly paid the loan and never defaulted in paying a single installment. Even when the application for fresh reschedulement was made the respondent No.4 continued to pay the installment regularly. As it ......00.00. 5. The reschedulement approved by IFIC Bank on 16-04-1997 was in two parts, one upto 31-12-1999 and the other part from January, 2000 to December, 2002. Recently the respondent No.4 sent an application to the respondent No.3 i.e. FIFC Bank, requesting the Bank to reschedule the entire liab..

Category: Business or Commercial Law | Date: | Hits: 208

MA Hossain and others Vs. National Bank of Pakistan and others, 2010, 39 CLC (AD)

....of application. As such, the Rules were rightly discharged by the High Court Division. In the result, these petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 595. ......nk or to sell the mortgaged properties, in order to avoid fil­ing of the suit. In case of such sell under section 12 of the Ain, the provisions of sub-section (5) of section 6 was got no man­ner of application. As such, the Rules were rightly discharged by the High Court Division. In the res..

Category: Property Law | Date: | Hits: 54

Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)

....r Selection Board. The High Court Division found that the advertisement was published and selection was made before the New Rules came into force and as such the authorities were not required to make fresh advertisement or to refer the matter to the Senior Selection Board. 5. Mr. Halder's next co......ith an order of the Government in the Ministry of Fisheries and Live Stock appointing seven persons excluding the petitioner to certain posts. 2. The Ministry advertised in the News Paper inviting applications from suitable candidates including Departmental candidates for appointment to five post..

Category: Employment/Service Law | Date: | Hits: 126

Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)

.... the decree and allotted a saham of .9823 acres of land. On a revision petition filed by the defendants, a Single Judge of the High Court Division remanded the suit to the lower appellate Court for a fresh decision. Thereafter, the Court of appeal below by judgment and order dated 13th April, 2009 d......- is to be deposit­ed within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ..

Category: Property Law | Date: | Hits: 104

Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)

....ing of the matter, we regret, we find no merit in the review peti­tion. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......of arrear rent and that suit was decreed on compromise on 30th November, 1961. Raton Sheikh gifted the suit property to his sons, the plaintiffs orally on 1st January, 1984. One Abdul Hasan had filed application on 26th April, 1995 before the Assistant Commissioner (lands), Gopalgonj, for lease of t..

Category: Property Law | Date: | Hits: 80

Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)

....d there­fore the petitioners have no reason to be aggrieved. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 118. ......spon­dents for immediate settlement of the mat­ter and to allow him to execute the work order issued in his favour but the respon­dents failed to response. At this stage, the petitioner moved this application under Article 102 of the Constitution and obtained the present Rule. 5. In leave peti..

Category: Others | Date: | Hits: 165

Advocate Alauddin Khan and others Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (AD)

....nings. Under such circumstances, this peti­tion for Review has got no substance and it is dismissed with the aforesaid observa­tion. Ed. This Case is also Reported in: VIII ADC (2011) 114. ...... 4. Thereafter, as many as 97 petitioners filed this petition for leave to appeal against the judgment and decree passed by the High Court Division allowing the appeal and dismissing the suit with an application for condonation of delay of 5886 days. They are the purchasers from the plaintiff and/or..

Category: Limitation Law | Date: | Hits: 165

Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)

.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ...... 24th March, 2009 of this Division in the Civil Petition Nos.60 and 214 of 2008. 2. The predecessor of the respondent No.1 Maulana Mohammad Harun, Secretary, Charia Kasemul Uluma Madrasha filed an application under section 47 of the Waqf Ordinance, 1962 for enrolment of the dis­puted properties ..

Category: Trust/Waqf Law | Date: | Hits: 171

Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)

....as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ......Involved: Not represented— the Petitioners. Subash Chandra Saha, Advocate—For the Opposite Parties. First Appeal No. 518 of 2000. Judgment Siddiqur Rahman Miah J. - This revisional application under section 115(1) of the Code of Civil Procedure at the instance of defendant No. 1 a..

Category: Property Law | Date: | Hits: 126

Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)

.... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ...... and circumstances and on the basis of evidences on record. In this connection we shall have to take judicial notice of some of the relevant depositions of PW 1, PW 2, PW 7 and PW 8 and analyse their application in its true perspective. As we have already discussed the deposition of PW 1 who is the ..

Category: Criminal Law | Date: | Hits: 91

Ershad Ali (Md.) and another Vs. Rampada Das & others, 2004, 33 CLC (HCD)

....ubsists throughout the course of the proceedings for pre-emption and not a person who had such interest in the holding at the time of making the application but lost it before disposal of the case. A fresh interest acquired at a later stage cannot be tacked on the interest held at the commencement o......peal against an order dated 11-12-2001 passed by the Subordinate Judge. Court No, 2 at Jessore in Miscellaneous Case No. 1 of 2000, which allowed pre-emption. 2. Respondent No. 1 on 2-9-97 made an application under section 96 of the State Acquisition and Tenancy Act, 1950 being Miscellaneous Case..

Category: Property Law | Date: | Hits: 69

Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)

.... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ......es—For the Petitioner. Shamitn Khaled Ahmed with Syed Hasan Zabir Advocates—For the Opposite Parties. Civil Revision No. 20 of 2006. Judgment Siddiqur Rahman Miah J. - This revisional application under section 115(4) of the Code of Civil Procedure at the instance of the plaintiff opp..

Category: Civil Law | Date: | Hits: 92

Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)

....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ...... by the District Judge, the defendant appellant moved this Court and obtained the present Rule. 8. Mr. Shah Md. Serajul Hoque, the learned Advocate appearing before the Court filed this revisional application on behalf of the petitioner but he did not turn up to place the contention of the defend..

Category: Family Law | Date: | Hits: 214