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Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....ogether and disposed of by the Single Judgment as the common question of law and facts are involved. 2. The petitioner in Writ Petition No.2419 of 1998 has impugned Memo No.375 Justice 712N-144177 dated 2-8-98 Annexure ‘A’ issued by the respondent No.2 to have been issued without any lawful a......was delivered dated 14-1-96. When sub-rule 10(2) was in force but though the Appellate Division did not declare the same as ultra vires of the Act instead, ignored the same. Similarly in a subsequent decision in the case of Mostafa Kamal Moulvi Mohammad Khorshed Vs. Secretary Ministry of Law Justice..Category: Constitutional Law | Date: | Hits: 109
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....of the Case of pre-emptor-opposite party. Pre-emptor-petitioner examined himself as OPW 1 in support of his Case. 7. Learned Senior Assistant Judge, Second Court, Narayanganj by judgment and order dated 24-6-1992 allowed pre-emption Miscellaneous Case. In allowing the Case learned Senior Assistan......e—For the Petitioner Taimur Alam Khandker Advocate—For the Opposite Party No. 1. Civil Revision No. 3029 of 1993. Judgment AK Badrul Huq J. - The propriety and legality of concurrent decisions recorded by Courts below have been called in question by pre-emptee petitioner in invoking..Category: Property Law | Date: | Hits: 23
Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
....e—For the Opposite Parties. Civil Revision No. 274 of 2000. Judgment Md. Awlad Ali J.- This Rule arose out of interlocutory injunction order and is directed against the Judgment and order dated 25-10-1999 passed by the Additional District Judge, 2nd Court Dhaka in Miscellaneous Appeal No......endants seeking a decree declaring that the general meeting dated 15-5-1997 and special general meeting on requisition dated 7-7-1997 and the meeting of the managing committee dated 24-7-1997 and the decision taken in the meeting removing the plaintiff from the managing committee and the co-option o..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....s issued on an application under section 439 of the Code of Criminal Procedure read with section 435 of the same Code at the instance of accused petitioner challenging the impugned judgment and order dated 5-8-99 passed in Criminal Revision No.02 of 1999 by the learned Sessions Judge, Thakurgaon ari......r any of the powers which may be exercised by the High Court Division under section 439. (2) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon to such person shall be final. (3) An…………………..Category: Criminal Law | Date: | Hits: 40
....ite Parties.
Civil Revision Nos. 58, 125 of 2001
Judgment
Abdur Rashid J.- The Rule in Civil Revision Case No.58 of 2001 was on 21-01-2001 obtained by added defendant No. 4 against an order dated 29-11-2000 passed by Assistant Judge, 4th Court at Dhaka in Title Suit No. 321 of 2000 by whic......ubmits, ad-interim order of mandatory injunction directing the defendants Nos.1 to 3 to restore possession is not only misconceived but also clear abuse of the process of the Court. He also cites the decisions in the case of Nandan Pictures Ltd Vs. Art Pictures Ltd, AIR 1956 Calcutta 428; Ministry o..
Category: Civil Law | Date: | Hits: 84
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....etitioners. Garib Newaz with Maksuda Akhter, Advocates—For the Opposite Parties. Civil Revision No. 2376 of 1998. Judgment Md. Abdul Matin J.- This Rule is directed against order No.19 dated 24-5-1998 passed by the Additional Subordinate Judge, Dhaka in Title Appeal No. 48 of 1997. ......rred to the case of Kassarbai Vs. Jothabhai Jivan reported in AIR 1928 Privy council, 277. In that case it was held that they would have thought it unsatisfactory and dangerous in any event to take a decision in such a case as this on the correct determination of the genuineness of a signature by me..Category: Procedural Law | Date: | Hits: 90
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....es being same they are heard together and are being disposed of by this judgment. 2. Reference application No.43 of 1994 relates to the assessment year 1985-86 and arises out of judgment and order dated 21-3-94 passed in ITA No. 860 of 1989-90 (Assessment year 1985-86) by the Taxes Appellate Trib......y defect in respect of the accounts maintained by the assessee applicant arbitrarily rejected certain items illegally which is not sustainable in law and in support of his Contention he relies on the decision of the Case of Sagorika and Co. Vs. Commissioner of Taxes reported in 27 BTD 87. The learne..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
.... Rahman with Fazlul Haque, Advocates—For the Respondent. First Appeal No. 180 of 2000. Judgment Md. Abdur Rashid J.- This appeal presented by the defendants against the judgment and decree dated 21-11-1999 passed by the Subordinate Judge, 3rd Court, Dhaka in Money Suit No.12 of 1992 decre...... the work of the sheet piling was received by the plaintiff and he had no outstanding dues on that account. In 1979 Shah Ali Hossain committee on elaborate discussions with the plaintiff gave him the decision in September, 1979 that the claim on account of sheet piling could not be accepted. Thereaf..Category: Civil Law | Date: | Hits: 132
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....2 of 1997. Judgment Mahfuzur Rahman J.- This Rule is directed against an order passed by District Judge, Faridpur on 17-11-97 in Miscellaneous Appeal No.94 of 1997 allowing the appeal on the date of admission hearing without serving any notice to the plaintiff-respondents setting aside the ......al. After admission of the appeal he should have served notice upon the respondents fixing a date for hearing, giving sufficient time to allow them to appear and answer the appeal on such day and his decision to the contrary cannot be sustained in law and is liable to be set aside. There is no provi..Category: Procedural Law | Date: | Hits: 81
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
.... Lawyers Involved: Majibar Rahman, Advocate-on-Record-For the petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.1341 of 2008. (From the judgment and order dated 3.3.2008 passed by the High Court Division in Civil Order No.1711 of 2008). Judgment Md......t advise and considering the evidence on record both the Courts below concurrently found that there was no independent advise to the plaintiffs while executing the deeds in question and further the decisions cited by the learned advocate of the petitioner in respect of section 92 of the Evidence A..Category: Property Law | Date: | Hits: 26
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....ate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.3. Not represented-Respondent Nos. 1-2. Civil Petition for Leave to Appeal No. 487 of 2009. (From the judgment and order dated the 11th and 12th day of August, 2008 passed by the High Court Division in F. A. No. 462 of 19...... the High Court Division fail to appreciate oral evidence of P.W.2 who proved clearly that the 'Kha' schedule property was never in joint possession of Keshob Lai and thus, committed wrong in the decision. 4. Admittedly Bonobehari Ghosh was the owner of the 'Ka' schedule land to the plaint wh..Category: Property Law | Date: | Hits: 29
Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)
....by AKM Shahidul Huq, Advocate-on-Record- For Respondent No.9. Not Represented-For Respondent Nos. 1-8, 10-33. Civil Petition for Leave to Appeal No. 429 of 2009. (From the judgment and order dated 25.11.2008 passed by the High Court Division in Civil Revision No. 2379 of 2004.) Judgment ...... connected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dis..Category: Property Law | Date: | Hits: 17
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....10. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.62 of 2009. (From the judgment and order dated the 20th day of August, 2008 passed by the High Court Division in Writ Petition No.2936 of 200......rincipal loan amount and in that circumstances the loan granting bank is now estopped to claim further amount from the writ-petitioner on account of loan. These letters were mere letter conveying the decision of the bank authority to remit interest accrued on the loan granted to the writ-petitioner...Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....nvolved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1179 of 2008. (From the judgment and order dated 25.09.2007 passed by the High Court Division in Civil Revision No.4008 of 2000) Judgment ......ding upon the plaintiff and the learned Subordinate Judge vide his judgment and order dated 14.10.1999 rejected the application on the finding that regarding the deed of patta dated 16.03.1932, a decision was given in the judgment of Title Suit No.384 of 1968. 6. Being aggrieved by and dissat..Category: Procedural Law | Date: | Hits: 95
.... Hossain, Advocate-on-Record-For Respondent Nos. 1-3, 5, 7-9.
Not represented-Respondent Nos. 4, 6, 10-26.
Civil Petition for Leave to Appeal No. 888 of 2009.
(From the judgment and decree dated 23.02.2009 passed by the High Court Division in First Appeal No. 324 of 1997.)
Judgment
......full fledged trial of the suit, the suit is remanded again to the trial Court, the ends of justice will be defeated. In that view of the matter, we find no ground to send the suit on remand for fresh decision for enabling the parties to fill up the lacuna. On consideration of the evidence on record,..
Category: Property Law | Date: | Hits: 38
Md. Abdul Kader Vs. Bangladesh Road Transport Corporation, 2010, 39 CLC (AD)
.... by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2 & 3. Civil Petition for Leave to Appeal No. 158 of 2009. (From the judgment and order dated 03.06.2008 passed by the High Court Division in Writ Petition No.661 of 2004.) Lawyers Invo......r leave to appeal is directed against the judgment and order dated 03.06.2008 passed by the High Court Division in Writ Petition No.661 of 2004 making the Rule absolute setting aside the judgment and decision dated 06.12.2003 passed by the Chairman, Second Labour Court, Dhaka in Complaint Case No.5 ..Category: Labour and Industrial Law | Date: | Hits: 79
.... Mrs. Sufi a Khatun, Advocate-on-Record-For Respondent Nos.4 & 6.
Not represented- Respondent Nos.1-3, 5.
Civil Petition for Leave to Appeal No.2067 of 2009.
(From the judgment and order date 23.07.2009 passed by the High Com Division in Writ Petition No.5351 of 2000.
Judgment
Md......h Court Division committed no illegality in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 474...
Category: Trust/Waqf Law | Date: | Hits: 185
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....ate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1844 of 2008. (From the judgment and order dated the 4th day of June, 2007 passed by the High Court Division in Matter No.174 of 2006). Judg......he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ..Category: Company Law | Date: | Hits: 197
Tafazzal Hossain Vs. Bangladesh, 2009, 38 CLC (AD)
.... Moniruzzaman, Assistant Attorney General instructed by Zahirul Islam, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1425 of 2009. (From the judgment and order dated 13.07.2009 passed by the High Court Division in Writ Petition No.2375 of 2001.) Order ......reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 451. ..Category: Election Law | Date: | Hits: 92
Anti-Corruption Commission Vs. Dr. Muhiuddin Khan Alamgir and others, 2010, 39 CLC (AD)
....nstructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. No.1. Not represented-Respondent No.2. Criminal Petition For Leave To Appeal No. 398 of 2009. (From the Judgment and order dated 13.07.2009 passed by the High Court Division in Criminal Appeal No. 4393 of 2007) Judgemen......‘satisfaction’ must be of the Commission itself constituted of no other person than its Commissioners. The relevant order to submit assets may be issued by any of its authorised officials but the decision to issue such an order must be recorded by the Commissioner(s). 44. In the present case,..Category: Anti-Corruption Laws | Date: | Hits: 231
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