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Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)

....the above, we find in sub­stance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......mmad Fazlul Karim J. - This peti­tion for Leave to Appeal is directed against the judgment and order dated 05.06.2008 passed by the High Court Division in Writ Petition No.3418 of 2008 rejecting the application for vacating the order of stay. 2. The facts of the case, in short, are that the prop..

Category: Tenancy Law | Date: | Hits: 214

Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)

....bsp;         Accordingly, the petition is dismissed. Ed.     This Case is also Reported in: VI ADC (2009) 1000. ......sion, he is a Government service holder who is not competent to get lease of shrimp khas land measuring 0.10 acres of land as per pres­ent ruling of Government; that Rezaul Karim only filed an application recom­mend by some influential persons of that locality for taking lease of shrimp ..

Category: Property Law | Date: | Hits: 88

Azam Khan Vs. Ataur Rahman and others, 2009, 38 CLC (AD)

....ffers from no illegality and calls for no interference. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 991. ......sion in Civil Revision No.3906 of 1997.) Judgment                 Shah Abu Nayeem Mominur Rahman J. - Instant application under Article 103 of the Constitution is for granting leave to appeal against the judgm..

Category: Property Law | Date: | Hits: 158

Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....ereupon a Division Bench by the impugned judgment and order dated 18.2.2002 set aside the said judgment and decree of the appellate court below and sent the case back on remand to the trial court for fresh trial of the suit as a suit for declaration of title and partition by allowing the plaintiffs ......ted the co-sharer defendants to partition the suit property but they refused. Hence the plaintiffs filed the aforesaid suit for partition. 3. The defendant No.1, mother of the plaintiffs, filed an application praying for her saham to the extent of .96 acres excluding .36 acres as purchased by her..

Category: Procedural Law | Date: | Hits: 105

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ...... a fugitive from justice and as such we feel that justice will be met if we direct the petitioner to surrender before the Court on or before 18.1.2009." 4. In the meantime, the petitioner filed an application for allowing him to surrender before the High Court Division by 31st January, 2009. The ..

Category: Anti-Corruption Laws | Date: | Hits: 211

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)

.... Writ Petition No.5344 of 2005 disposing of the Rule directing the learned Judge of the Artha Rin Adalat No.1, Dhaka for passing necessary orders for setting aside the auction sale and for holding fresh auction of the mortgaged properties provided the petitioners pay the respondent No.3, the auc......00/- and directed him to deposit the above amount within ten days; after passing of the above order dated 18.7.2005 the respondent No. 2 as well as the petitioners on 19.7.2005, filed two separate applications before the execution Court praying for setting aside the auction sale alleging that th..

Category: Civil Law | Date: | Hits: 191

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......, Kishoregonj and  the  plaintiff claimed  the ownership that whatever was earned by Balarma was earned from the income of joint family. This document esxhibit-2 is supported by the application of compromise. Both the P.W.'s 2 and 3 are signatories to the exhibit-3. They testified..

Category: Property Law | Date: | Hits: 99

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......ndent No. 2. Not Represented-For the Respondent No.1. Criminal Petition for leave to Appeal No.400 of 2008.  Judgment  Shah Abu Nayeem Mominur Rahman J. - Delay of 6 days in filing this application is condoned. 2.  By this application the petitioners have prayed for leave to appeal..

Category: Criminal Law | Date: | Hits: 163

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......nd defendant Nos. 55 and 56 appeared with Vokalthnama and contested the suit by filing written statement and defendant Nos.1-15 and 30 appeared with Vokalathnama and contested the suit by filing an application for separate ‘Saham' and thereafter the defendant Nos. 30 and 55 (Ka)-55(Uma)-56 ..

Category: Procedural Law | Date: | Hits: 143

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ...... both the bidders namely the writ petition and petitioner herein were present and both the bidders were requested bidders were to give new proposal in writing, but the writ petitioner in a written application intimated that it was not possible on their part to increase their rate more, whereas t..

Category: Civil Law | Date: | Hits: 149

Mozibur Rahman Vs. Al-haj Nazrul Karim and others, 2009, 38 CLC (AD)

.... the learned District Judge allowed Miscellaneous Appeal setting aside status-quo order dated 01.03.2006 passed by the trial Court. If the petitioner has any reason to be aggrieved he could file a fresh application for redress of the same or make a prayer for modification of the order to cope wi......ion for leave to Appeal No. 2136 of 2008. Judgment                   Mohammad Fazlul Karim J.- This application is directed against the judgment and order dated 27.10.2008 passed by the High Court D..

Category: Civil Law | Date: | Hits: 106

Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)

.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......t. Subsequently the plaint was amended to include a prayer for mandatory injunction directing the defendants to pay her emolument. 3. Pursuant to such amendment, the defendant No. 2 filed an application in the trial court for directing the plaintiff to revalue the suit on the basis of amen..

Category: Employment/Service Law | Date: | Hits: 104

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......rrender) Vs. The State, represented by the Deputy Commissioner, Khulna……………… Opposition Party. Judgment April 22, 2007. Result: The Appellate Division can entertain applications under section 498 of the Code of Criminal Procedure despite Rule 19Gha of the Emergency..

Category: Criminal Law | Date: | Hits: 101

Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)

....ls on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 981.......ah, the learned Advocate for the petitioners submits that the courts below as well as the High Court Division committed an error of law in allowing the preemption case in failing to consider that the application is bad for defect of parties. He further sub­mits that the courts below as well as the ..

Category: Property Law | Date: | Hits: 61

M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)

.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......5.51/- as of 30.04.2003, through sale of the mortgaged property and that the suit is being contested and that during the recording of deposition of P.W.1 on 25.10.2005 the leave petitioner filed an application under Sections 12(2) and 57 of the Artha Rin Adalat Ain, 2003 praying for a direction ..

Category: Civil Law | Date: | Hits: 152

Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)

....­ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......“D" to the Writ Petition) and order dated 22.11.2004 (Annexure "B" to the Writ Petition) passed in Artha Jari Case No. 94 of 2004 of Artha Rin Adalat No.4, Dhaka rejecting the application of the Writ Petitioners under section 57 of the Artha Rin Adalat Ain, 2003 read with se..

Category: Property Law | Date: | Hits: 106

Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)

....at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 971. ...... register the Head Master told him that his appointment was cancelled and a letter to that effect was sent by post and the plaintiff received the same on 22.5.2004. The plaintiff thereupon filed an application to the Head Master for recon­sideration of the said letter of cancellation but in v..

Category: Employment/Service Law | Date: | Hits: 106

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......smissing the appeal and upholding the order No.9 dated 23.08.2006 passed by the Court of learned District Judge, Dhaka in Arbitration Miscellaneous Case Nos. 791, 792 and 790 of 2006 rejecting the application filed by the petitioners under section 42(1) of the Arbitration Act, 2001. 2. Th..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

....ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 942. ......is petition for leave to appeal is directed against the judgment and order dated 15.04.2007 of the High Court Division passed in Civil Order No.2382 of 2007 summarily reject­ing the revisional application filed calling in question the judgment and decree dated 16.10.2006 of the learned Addit..

Category: Property Law | Date: | Hits: 87

Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)

....rrect decision and there is no illegality or infir­mity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......nd by a common judgment and order dated 7.3.2006 both the Rules were discharged; then the respondent No.10 filed Civil petition Nos. 505 and 506 of 2006 before the Appellate Division and then upon an application filed by the respondent No.10, the Deputy Wakf Commissioner who was in charge, by his or..

Category: Trust/Waqf Law | Date: | Hits: 518