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Md. Ijal Uddin Munshi Vs. Mst. Rokeya Khatun and another, 2009, 38 CLC (AD)

....ned Advocate-on-Record for the petitioner is directed to file an affidavit-in-compliance of this order within the aforesaid period. Ed. This Case is also Reported in: VI ADC (2009) 571. ......istrict Judge, Jhenaidah in Family Appeal No.17 of 2006 thereby affirming those dated 06.09.2006 passed by Senior Assistant Judge, Harinakundu, Jhenaidhah in Family Suit No.17 of 2005 allowing the application for D.N.A. test of the plain­tiffs and defendant filed by the plain­tiffs. ..

Category: Family Law | Date: | Hits: 280

Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)

....to the newly appointed lawyer of the petitioner, noticed this mistake. Having noticed this mistake the learned Advocate for the plaintiff filed an application for withdrawal of the suit and to file a fresh suit and date was fixed for hearing on 18.9.1997. 5. On the other hand, the defendants took...... against the defendants. After transfer of the brief to the newly appointed lawyer of the petitioner, noticed this mistake. Having noticed this mistake the learned Advocate for the plaintiff filed an application for withdrawal of the suit and to file a fresh suit and date was fixed for hearing on 18..

Category: Property Law | Date: | Hits: 28

H.B.M. Iqbal Vs. Md. Shirajul Islam and others, 2009, 38 CLC (AD)

....17. We find no illegality in the order calling for interference by this court and accordingly the leave petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 565. ......p;Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 18.06.2008 passed by the High Court Division in Company Matter No.145 of 2005 allowing the application with some directions. 2. The facts, in short, are that the respondent Nos.1 and ..

Category: Business or Commercial Law | Date: | Hits: 193

City Bank Limited Vs. Judge, Artha Rin Adalat, Barisal and others, 2009, 38 CLC (AD)

....here 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) 563. ......Court praying for recovery of Tk.1,11,52,626/- from the respondent No.3 by sale of the same very mortgaged properties and the petitioner after com­ing to know about the above instantly filed an application in the above Artha Rin Suit No. 6 of 2006 under Order 1, Rule 10 of the Code of Civil ..

Category: Civil Law | Date: | Hits: 102

Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)

....e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ......l District Judge, 2nd Court, Dhaka in Civil Revision No. 292 of 2006 reversing the order dated 1,05.06.2006 of the Senior Assistant Judge, 6th Court Dhaka in Title Suit No.221 of 2004 rejecting an application of respondent Nos.1-11 filed under Order I rule 10(2) of the Code of Civil Procedure fo..

Category: Property Law | Date: | Hits: 25

Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)

....and in term of the above agreement she paid the full considera­tion money of TK.5,000.00 which the vendor received but the consideration money was subsequently re-fixed at TK.10,000.00 under a fresh agreement dated 04.05.1980 by which she was required to pay a further sum of Tk.6,000.00 as e......w Assistant Judge), Dhaka for specific performance of contract but at the intervention of well wishers, the parties compromised the said suit out of Court and accordingly both the parties filed an application in the Court on 04.08.1983  for compromise but as ill luck would have it, the ven..

Category: Property Law | Date: | Hits: 26

M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)

....wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ......nbsp; and  a rule  was issued in Transfer petition No. 2 of 2000 which is still pending. 4. Defendant No.1  appeared  in the Transfer Petition No. 2 of 2000 and filed an application for discharging the Rule stating, inter alia, that the Title Suit No. 172 of 2000 was fi..

Category: Property Law | Date: | Hits: 23

Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)

....k and therefore the application do not merit any consideration. Accordingly the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 541. ......unal in A.A.T. Appeal No.13 of 2002. Judgment                  Shah Abu Nayeem Mominur Rahman J. - This application for leave to appeal arises out of the judgment and order dated 17.06.2008 passed in App..

Category: Administrative Law | Date: | Hits: 166

Land Acquisition Officer, Pabna & Ors Vs. Al-haj Md. Abdul Latif Biswas & anr, 2007, 36 CLC (AD)

....rein claim at Tk.1, 96, 82, 0000/- towards the value of the land acquired. 8. The appellate Court heard the appeals together and by the common order dated May 25, 1995 made an order of remand for fresh assessment as the appellate Court found that the relevant the law and the regulation have not ......parent on the face of the record in making the Rules absolute upon a view that the legal requirement can be supplanted by other evidence and as such the High Court Division was wrong in rejecting the application for review, that assessment of compensation (for business loss, staff salary and diminut..

Category: Alternative Dispute Resolution | Date: | Hits: 249

M/s. IBTA Bangladesh (Pvt.) Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

...., since reasonings assigned in rejecting the writ petition do not suffer from legal infirmity. Accordingly, the petition is dismissed.  Ed. This Case is also Reported in: ......nst him, he has moved the High Court Division in writ jurisdiction challenging the law as in Artha Rin Adalat Ain, 2003 instead of filing appeal and held "we do not find any substance in this application at this stage challenging only vires of the law as he has right of appeal under section..

Category: Civil Law | Date: | Hits: 98

Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)

....sion has committed no error of law in its judgment calling for interference by this Division.  Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......gning the order dated November 28, 2002 (order No.47 dated 28.11.2002) of the Court of Joint District Judge and Artha Rin Adalat, Narayangonj in Artha Rin Mortgage Suit No.35 of 1999 rejecting the application seeking direction upon the plaintiff to produce certain papers.   2. ..

Category: Civil Law | Date: | Hits: 91

Zainul Abedin Vs. State, 2007, 36 CLC (AD)

....nd no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 536. ......e peti­tioner, the proceedings against the peti­tioner ought to be quashed to prevent the abuse of the process of Court and to secure the ends of justice; that the peti­tioner filed an application under Section 265(c) of the Code of Criminal Procedure before the Tribunal who without ..

Category: Criminal Law | Date: | Hits: 52

Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

....ity 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) 525. ......utating their names and that the defendant No.1 is the son of Shamvu Nath Bal, a co-sharer of the suit land and due to insolvency they were not in a position to purchase the suit land or to file an application and during liberation war the defendant No.1 left for India and he then succeeded in o..

Category: Property Law | Date: | Hits: 74

Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)

....o sub­stance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ...... appointed the respondent was functioning as Nikah Registrar of No.7 Edbarpur Union. The matter subsequently disclosed and the petitioner being the permanent resident of No.7 Edbarpur Union made an application to the Ministry of the Law, Justice and Parliamentary Affairs and upon his prayer the a..

Category: Civil Law | Date: | Hits: 99

GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

....o the exercise of the power of review except in the manner provided by law. A party is not entitled to seek a review of a judgment delivered by this court merely for the purpose for rehearing and a fresh decision of the case and departure from that principle is justified only when circumstances ......tendent and was serving in that capacity to the sat­isfaction of the concerned authority. The appellant had to go home on account of resolving his land disputes and according­ly he filed an application for leave from 3.4.1993 to 28.4.1993 and left the station. However the appellant No. 2,..

Category: Administrative Law | Date: | Hits: 159

M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)

....dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 505. ......tion the petitioner seeks review of the judgment and order dated 30th May, 2007 passed in Civil Petition for Leave to Appeal No. 1354 of 2004 dismissing the same. 2. Short facts are that an application under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trad..

Category: Intellectual Property Law | Date: | Hits: 329

Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)

.... as Civil Revision No.1318 of 1999 and after hearing the High Court Division upon setting aside both the judgment and decrees of the Courts below sent back the suit to the trial court on remand for fresh trial; thereafter after fresh hearing by judgment and decree dated 11.5.1993 the above suit ......in Civil Revision No. 4160 of 1999 affirming judgment and order dated 22.7.1999 passed by the learned Assistant Judge, Sreemongal, Moulvibazar in Title Suit No.79 of 1998 rejecting the petitioner's application under Order 7 Rule 11 of the Code of Civil Procedure praying for rejec­tion of plai..

Category: Procedural Law | Date: | Hits: 66

Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 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) 485. ......ment School ille­gally issued letter dated 23.3.99 signed by the defendant No.4 suspending her which she received on 4.4.99 and hence the suit. After filing of the suit the respondents filed an application praying for restraining the defendant from disturbing the per­formance of her dutie..

Category: Employment/Service Law | Date: | Hits: 66

Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)

.... decision. We therefore find no reason to interfere with the same. Both the petitions are accordingly dis­missed. Ed. This Case is also Reported in: VI ADC (2009) 478. ......rincipal of the College sent proposal to the Director General, Secondary and Higher Education Directorate for approval of the recommendation taken by the Managing Committee. But  upon  an application made by the left-out three lecturers, the Senior Assistant Secretary, Shakha-4, the Min..

Category: Employment/Service Law | Date: | Hits: 57

Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)

.... principle 'here the other side' the same is not sustain­able in law. In view of the discussions made herein above the appeal is allowed. Ed. This Case is also Reported in: II ADC (2005) 888.......same was heard by the learned Additional Sessions Judge, in-charge, 1st Court, Chittagong who by the order of 2nd June, 1999 dismissed the Crim­inal Revision. Thereupon the respondent No. 1 filed an application under section 561A of the Code of Criminal Procedure before the High Court Division and ..

Category: Criminal Law | Date: | Hits: 37