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Hamidul Huque, Managing Director, United Commercial Bank Ltd. and another Vs. Akhtaruzzaman Chowdhury, 2005, 34 CLC (AD)

....-For the Appellant. Rafique-Ul-Huq, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 05 of 2004. (From the judgment and order dated 1st and 2nd November 2003 passed by the High Court Division in Contempt Judgment Moham...... above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 971...

Category: Criminal Law | Date: | Hits: 60

Idris Mir Malat Vs. Nitya Gopal Paul and others, 2010, 39 CLC (AD)

....r. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-16. Civil Petition for Leave to Appeal No. 539 of 2009. (From the judgment and order dated 23.02.2009 passed by the High Court Division in First Miscellaneous Appeal No. 395 of 2008.) ......een no failure of justice calling for interference by this Court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 966. ..

Category: Property Law | Date: | Hits: 44

Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)

....tioners. Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hug, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 725 of 2009. (From the judgment and order dated 16.02.2009 passed by the High Court Division in Civil Revision No.885 of 2004.) Judgment ......decree­ing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 960...

Category: Property Law | Date: | Hits: 51

Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)

....ructed by Md. Nawab Ali Advocate-on-Record-For Respondent Nos. 1-27. Not represented- Respondent Nos. 28-35. Civil Petition for Leave to Appeal No. 1065 of 2009. (From the judgment and order dated the 17th day of March, 2009 passed by the High Court Division in Civil Revision No. 2510of 200......gh Court Division manifestly erred in law resulting in an error occa­sioning failure of justice in misreading the evidence on record and failed to consider the legal and admitted facts and in basing decision on mere surmise and conjecture. The learned Advocate-on-Record further submitted that the H..

Category: Property Law | Date: | Hits: 47

Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)

....ecord-For Respondent No.2 (In both the cases). Not represented-Respondent Nos.1, 3 (In both the cases). Civil Petition for Leave to Appeal Nos. 603-604 of 2008. (From the judgment and order dated 03.12.2007 passed by the High Court Division in Civil Revision Nos.6721 and 6690 of 2002.) ......rinciple of res-judicata and the Courts below committed gross error of law in overlooking the aspect of res-judicata and thereby judgment and decree passed by the courts below were based on erroneous decision occasion­ing failure of justice. 10. We have perused the leave petition and heard the l..

Category: Property Law | Date: | Hits: 45

Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)

....the MS (Urology) course under Bangabandhu Sheikh Mujib Medical University conducted by the Dhaka Medical College, Dhaka on false plea of the petitioner being over age on the basis of the notification dated 7-10-99 as contained in Annexure-G should not be declared to have been made without any lawful......ed a legal notice demanding justice and to which the respondent Nos. 1 and 2 jointly replied to the said demand notice stating to the effect that in relaxation of age from 40 to 45 years as made is a decision of the University being an autonomous body and they have taken their own decision, Dhaka Me..

Category: Others | Date: | Hits: 100

Md. Abdus Sattar Khan (Rtd.) Vs. Director General, Bureau of Anti Corruption Bangladesh, Segunbagicha, Dhaka and others, 2009, 38 CLC (HCD)

....itioner, Rule was issued calling upon the respondents to show cause as to why the impugned order under section 4(1) of the Anti Corruption Act, 1957 vide Memo 166-2002 (গ)/টাঃফোঃ-4/6308 dated 22.03.2003 (Annexure-A) asking the petitioner to submit statements of his properties including......d 22.7.2003. The facts and circumstances of the cases referred by the learned Advocate for the petitioner are quite distinguishable from the facts and circumstances of the present case. The cited decisions are of no assistance to the petitioner. Considering the facts and circumstances of the..

Category: Anti-Corruption Laws | Date: | Hits: 171

M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)

....ents to show cause at to why the 3rd proviso to Bidhi 5(4) of the Shammpattir Bazar Mullya Nirdharan Bidhimala, 2002 shall not be declared to be void and without lawful authority and the memo No. 284 dated 25.5.2008 issued by respondent No. 3 (Annexure-A-1) and the order dated 16.6.2006 (Annexure-A-......viso must be construed as being prospective in operation and it must be held that the instant case does not come within the mischief of the aforesaid proviso to Bidhi-5 (4). 16. The findings and decision of this case will have no bearing on the Other Class Suit No. 533 of 2006 for declaration o..

Category: Property Law | Date: | Hits: 35

Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ion under Article 102 of the Constitution of the People’s Republic of Bangladesh, challenging the legality of the Memo No. নির্দেশ পরিপত্র নং সাঋ বি/১০ dated 19.2.2009, issued by the respondent nos. 4 and 5, approving the car loan facilities to the exe......petition that being a conscious citizen of the country he has sufficient interest in the affairs of Agrani Bank Limited which is a government owned public bank. As such, being aggrieved, by the above decision of the Board of Directors of the Agrani Bank Limited, he filed this writ petition and this ..

Category: Banking Law | Date: | Hits: 205

Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)

....er. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the High Court Division in Civil Revision No.1827 of 2004.) Judgment ......appeal and thereby dismissing the suit setting aside the judgment and decree passed by the trial Court holding that the suit was not maintainable and the suit was bad for defect of party and that the decision of the trial Court that the sale deed dated 28.10.1970, on the basis which of the defendant..

Category: Property Law | Date: | Hits: 32

Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)

....te, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1835 of 2009. (From the judgment and order dated 22.01.2009 passed by the High Court Division in Civil Revision No.227 of 2003.) Judgment ......e trial Court, in restoring the suit to its file and number in spite of the gross negligence found on the part of the petitioner hereof in con­ducting the case, cannot be sustained. We find that the decision arrived at by the High Court Division is an accor­dance with law and no interference is ca..

Category: Civil Law | Date: | Hits: 63

Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)

....e petitioner. Jahangir Hossain, Advocate-For the opposite part No.1. Civil Revision No. 4772 of 2001. Judgment Sheikh Abdul Awal J. - This Rule is directed against the judgment and decree dated 22.3.2001 passed by the learned Additional District Judge, 1st Court, Dhaka in Title Appeal No......ranger to the suit property but the Court of appeal below without properly adverting the material findings of the trial Court passed the impugned judgment. The learned Advocate finally relying on the decision reported in 33 DLR (AD) 359 submits that under Mohammedan Law the sale becomes complete onl..

Category: Property Law | Date: | Hits: 39

Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)

.... Civil Revision No. 1353 of 1997. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- This rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the judgment and decree dated 23.11.96 and 31.12.96 respectively passed by the learned Additional District Judge, 6th Court,......k initiative to construct 12’ ft. wide road. That the local members namely Mahabubur Rahman Goraha, Md. Ali Akbar, Md. Abdul Majid Md. Omar Ali, Golam Mohiuddin, Abdur Rashid and Abdur Motaleb took decisions: i. That the road will be constructed on the land of Abdur Razzaque Chowdhury and plain..

Category: Property Law | Date: | Hits: 39

Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)

....on No. 4880 of 1997 with Writ Petition No.188 of 1996. Judgment Syed JR Mudassir Husain J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the judgment and order dated 13-7-1997 passed by the respondent No. 1 (Administrator of Waqf) in Sheikh Dagon Majumder Waqf......nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ..

Category: Trust/Waqf Law | Date: | Hits: 180

Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

.... Opposite-Party No. 1. Civil Revision No. 436 of 1986 Judgment Muhammad Ansar Ali J.- This Rule issued at the issuance of the plaintiff-petitioners is directed against the judgment and order dated 15.5.86 passed by Mr. Md. Sayedur Rahman, District Judge, Bogra in Misc. Appeal No.10 of 1986 ......ho was pleased to dismiss the same after hearing and affirm the judgment and order dated 19.1.86, of the learned Subordinate Judge by his judgment and order dated 15.5.86. Being aggrieved by the said decision of the learned District Judge, the petitioners filed a revisional application before this C..

Category: Procedural Law | Date: | Hits: 80

Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)

....o. 1 Kiran Sankar Nandi in that suit filed an application under Order 1 Rule 10 (2) of the Code of Civil Procedure for being added as an added defendant and the learned Subordinate Judge by his order dated 6.12.79 added him as defen­dant No.5 and opposite party No. 1 filed written statement on 11.2......n suit is not at all a necessary party. He further urged that the parties to the agree­ment are only the other necessary parties to a suit for specific performance of contract. He referred me to the decision is the cases of Prem Sukh Gulgulia and another Vs. Habib Ullah and others, 1945 Cal. 355 an..

Category: Procedural Law | Date: | Hits: 70

M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)

.... — For the Petitioners. Kazi Ebadul Hoque, Advocate — For the Oppo­site Party. Civil Revision No. 715 of 1984. Judgment Mohammad Sohrab Ali J.- This Rule is directed against an order dated 2.9.84 passed by the Munsif, 4th Court, Narayanganj, in Title Suit No.166 of 1983. The learned......sion of Sec­tion 7(iii) of the Court Fees Act 1870 and that the learned Munsif committed a great error of law by holding that valuation given by the plaintiff was cor­rect, resulting in an error in decision occasioning failure of justice. The learned Advocate in support of his contention has relie..

Category: Civil Law | Date: | Hits: 159

Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)

....resent application filed by the petitioner. For the reason stated above, the application is al­lowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ......his Court is quite compe­tent to add the heirs of opposite-party No.1 Nurun Nahar Begum in this Civil Revision in order to se­cure the ends of justice. Mr. Shahabuddin Faiz places reliance upon the decision in the case of Mali Mandal and another Vs. Khirode Bala Debya, 12 D.L.R. 745. The learned C..

Category: Procedural Law | Date: | Hits: 81

Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)

....e Constitution of the People's Republic of Bangladesh the respondents have been called upon to show cause as to why the order of dismissal form service as contained in Memo. No. SEC/DA/343/699/85/400 dated 20.7.86 (Annexure F) issued by the Secretary of Bangladesh Textile Mills Corporation shall not......n done in the present case. A second show cause notice is, in fact, the accused employee's last opportunity to place his side of the case before the appointing authority who is about to take the last decision against the accused employee armed with the report of the enquiry offi­cer. The accused em..

Category: Employment/Service Law | Date: | Hits: 73

Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)

.... For the Appellant. Not represented—the State. Criminal Appeal No. 181 of 1983. Judgment Anwarul Huque Choudhury J.- This appeal by Ratu Nag is directed against the judgment and order dated 12.1.1983 passed by the learned Sessions Judge, Tangail convicting the ac­cused appellant Ama......ismissed with the conviction and sentence altered as above. Communi­cate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ..

Category: Criminal Law | Date: | Hits: 35