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Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....ility in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by some person through whom he derives title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed." D......t's broad spectrum submissions, the, points that emerged before us, requiring our resolution, were (I) whether the plaintiff/ appellant’s claim against the defendant/respondent had become barred by application of the relevant provisions of the Limitation Act, (II) whether the recoverability of the..Category: Banking Law | Date: | Hits: 215
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
.... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ......enal Code. Impugned order of conviction and sentence vide impugned judgment against Bashir Sarder @ Bashar cannot be legally sustainable. Cited decisions being distinguishable can have no appropriate application in the appeal. 60. In view of above discussion appeal of accused appellant Sahabuddin..Category: Criminal Law | Date: | Hits: 42
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......ers Involved: Mahbubur Rahman, Advocate‑For the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for review of the judgment and order dated 27‑1‑2003 passed in Contempt Petition No...Category: Others | Date: | Hits: 118
Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)
.... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270.......34 CWN 213. Lawyers Involved: Shaheed Alam, Advocate‑For the Petitioner. Not represented ‑ the Opposite Party. Civil Revision No. 1396 of 2002. Judgment Sheikh Rezowan J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued ..Category: Property Law | Date: | Hits: 91
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....eal and the cross objection were allowed. The award passed by the learned Arbitrator was set aside and matter was sent back on remand to the Court of Arbitrator with the direction to decide the case afresh in accordance with the law and in the light of observation made by the High Court Division. Th...... to non compliance of the terms and conditions including non payment of monthly rent as agreed in Writ Petition No. 42 of 1960, the predecessor of the appellants finding no other alternative filed an application to the respondent-opposite party No. 1, the Deputy Commissioner, Dhaka for de‑requisit..Category: Property Law | Date: | Hits: 95
A Rouf and others Vs. State and another, 1999, 28 CLC (HCD)
....order of the Sessions Judge that the Magistrate shall dispose of case in accordance with law is upheld. Accordingly this Rule is disposed of. Ed. This Case is also Reported in: 52 DLR (2000) 395.......t the complainant got her examined by a reputed Gynecologist namely Dr. Hosna Ara Begum of Rangpur Medical College who found symptom of miscarriage. On the basis of that report, the compliant made an application to the Magistrate for taking cognizance against the petitioners who conjointly and collu..Category: Criminal Law | Date: | Hits: 43
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
.... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ......orted in AIR 1930 (Lahore) page 407 to support his contention. He submits that the Rule is liable to be discharged. 5. On perusal of the petition of complaint and other papers filed along with the application under section 561A of the Code it appears that one Kalu possessed 0.333 decimals of land..Category: Criminal Law | Date: | Hits: 42
Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)
.... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ...... the materials on record, decreed the suit. Then the petitioner preferred appeal and the appellate Court affirmed the judgment and decree of the trial Court. Then the petitioner moved this Revisional application before this Court and obtained the present Rule. 6. Mr. Shawkat Ali Khan, the learned..Category: Property Law | Date: | Hits: 84
Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)
....ks is disÂpensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ......with Criminal Appeal No.222 of 2004 with Criminal Appeal No.558 of 2004 with Jail Appeal No.147 of 2004 and Jail Appeal No.166 of 2004). Order Mohammad Fazlul Karim J. - Delay is condoned. This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed..Category: Criminal Law | Date: | Hits: 43
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)
....larged on bail to the satisfacÂtion of the Chief Metropolitan Magistrate, Dhaka on furnishing bail bond for a periÂod of (6) six months. Ed. This Case is also Reported in: VIII ADC (2011) 63. ......No.10, Sher-E-Bangla Nagar, Dhaka be stayed for (6) six months. The petitioner is directed to make the appeal ready within 4 months. 10. The accused-petitioner, Habibur Rahman Mollah by a separate application prayed for bail stating that the petitioner, Habibur Rahman Mollah, was elected as a Mem..Category: Anti-Corruption Laws | Date: | Hits: 120
Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)
.... absolute. The above submission merit consideraÂtion. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60.......ned Additional Sessions Judge, Rajshahi fixed the next dates on 27.01.2008 and then on 16.03.2008 and lastly on 12.05.2008 for trial of the above case but in the meantime the respondent No.1 filed an application before the High Court Division under secÂtion 561-A of the Code of Criminal Procedure o..Category: Criminal Law | Date: | Hits: 39
Kazi Md. Ruhul Amin Vs. Abdur Rahman Chowdhury and another, 2009, 38 CLC (AD)
....uiry into the matter and the Magistrate very lawfully and properly accepted the same and took cognizance against the accused inasmuch as the Magistrate is as it should be authorized to proceed with a fresh complaint despite the fact that the accused is discharged before taking cognizance. The learne...... we find no subÂstance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 53...Category: Criminal Law | Date: | Hits: 44
Government of Bangladesh Vs. Md. Rahatuddin Khan and others, 2011, 40 CLC (AD)
.... 2011, be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in:...... 2011. (From the order dated 24.03.2011 passed by the High Court Division in Writ Petition No. 2573 of 2011) Order SK Sinha J.- This Civil Miscellaneous Petition has been filed along with an application for stay against the ad interim order dated 24.03.2011, passed by the High Court Divisio..Category: Procedural Law | Date: | Hits: 105
Government of Bangladesh Vs. Md. Ariful Islam and others, 2011, 40 CLC (AD)
....2011 be stayed till disposal of the said writ petition pending before the High Court Division. The civil miscellaneous petition is accordingly disposed of. Ed. This Case is also Reported in: ...... 2011. (From the order dated 24.03.2011 passed by the High Court Division in Writ Petition No. 2278 of 2011.) Order SK Sinha J.-This civil miscellaneous petition has been filed along with an application for stay against the ad interim order dated 24.03.2011, passed by the High Court Divisio..Category: Procedural Law | Date: | Hits: 106
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......nge. The property in question was under requisiÂtion at the time of execution of deed of exchange and thereby the petitioner got conÂstructive possession thereon. The petitioner thereafter filed an application before the writ respondent No.1 for regularisation of the deed of exchange and on the ba..Category: Property Law | Date: | Hits: 81
Mamun Sheikh Mamun Vs. the State, 2010, 39 CLC (AD)
.... of paper books is disÂpensed with as prayed for. The period of order of stay granted earÂlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 21.......the Dhaka Medical Hospital and a delay was caused to file ejahar due to treatment of the victim and hence the case. 3. After lodging FIR on 10.09.2003 the investigation officer of the case made an application before the cognizance Court to add Section 302 of the Penal Code with the case describin..Category: Criminal Law | Date: | Hits: 49
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19.......to Appeal No.1189 of 2009. (From the judgment and order dated 24.02.2009 passed by the High Court Division in Civil Revision No. 87 of 1997.) Judgment Shah Abu Nayeem Mominur Rahman J.- This application under Article 103 of the Constitution seeking leave to appeal against the judgment and o..Category: Property Law | Date: | Hits: 93
Ayesha Siddika and others Vs. Sayed Rafiqul Islam Rafiq and others, 2010, 39 CLC (AD)
....orrect decision and discharged the rule. We therefore find no reason to interfere with the same. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 11. ......to prevent the operation of Execution Case No.27 of 1978 filed the present suit with false allegations and as such, the suit is liable to be dismissed. 4. The petitioners on 7th May, 2009 filed an application in the Court of Senior Assistant Judge for staying all further proÂceedings of Other Cl..Category: Property Law | Date: | Hits: 89
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....B) 70 in para 60 Ruhul Islam, J observed as under: “Section 6 of the General Clauses Act, 1897 is applicable to a simple case of repeal, as well as to a case of repeal of a statute followed by a fresh enactment on the same subject. Section 6 would be applicable unless the new legislation manife...... force. But the case was instituted long after the repeal of the said Ain and after the enactment of the Ain of 2009. The savings clause contained in Section 31(2) of the Ain of 2009 has no manner of application in saving the instant case which was not in existence on the date of enactment of the Ai..Category: Civil Law | Date: | Hits: 174