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Md. Karam Ali Vs. Md. Abul Hossain and others, 2007, 36 CLC (AD)
.... paper book, as prayed for, is dispensed with. The order of stay passed earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: ....... Ruhul Amin CJ.- This petition for leave to appeal is directed against the order dated August 28, 2005 of a Division Bench of the High Court Division in Writ Petition No. 3478 of 2005 allowing the application filed seeking direction on the respondent No. 5, Upazila Nirbahi Officer, Dohar, Dhaka..Category: Civil Law | Date: | Hits: 96
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... Ministry of Communication on 21.4.1992. In the circumstances the plaintiff petitioner applied to the defendants on different dates to release the suit property in favour of them. On the basis of the application filed on behalf of the plaintiff-petitioners an inquiry was held by the Ministry of Comm..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
....al of the Criminal Appeal No. 3990 of 2007 pending for hearing before the High Court Division. The petitioner in Criminal Petition for Leave to Appeal No. 146 of 2008 would not be required to execute fresh bail bond and shall enjoy the privilege of bail on the basis of the bail bond executed in the ...... admission hearing and the High Court Division admitted the appeal for final hearing by the order dated October 1, 2007 and also stayed realization of fine till disposal of the appeal. On that day an application with a prayer for bail was filed before the High Court Division and the said Division up..Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
.... amount. Auctions were held thrice. In the first auction no bidder participated. In the second auction the highest bid was Tk. 3,10,000/- only. The Executing Court did not accept the bid and directed fresh auction. The auction was held on 6th October, 1999 in which five bidders including the writ pe......k. 3,36,000/- was the highest. The Court prepared a comparative statement which was sent to the decree-holder bank for its consent. The Bank gave its consent the respondent No.2, a stranger, filed an application under Order 21 Rule 90 of the Code of Civil Procedure for setting aside the sale on the ..Category: Civil Law | Date: | Hits: 92
Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)
....blishment and has been given seniority and time scale. The respondent has been legally and rightly absorbed as surplus officer like Shahadat Hossain and he cannot be treated to have been appointed afresh as a retrenched officer. The respondent is entitled to equal protection of law and should be......), hereinafter called the Ordinance. The Administrative Tribunals below answered the question in the affirmative but the Director General, N.S.I., who was opposite party No. 3 in the original application, being aggrieved by the said concurrent decision, obtained leave to appeal from the sam..Category: Employment/Service Law | Date: | Hits: 119
Md. Shafiuddin Miah and another Vs. Rajdhani Unnayan Kartripakhya and others, 1999, 28 CLC (AD)
....the impugned judgment of the High Court Division. Consequently, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 570. ......and Miscellaneous Case No. 104 of 1987 was started on 4-2-87. RAJUK considered the objection and upon obtaining the opinion of its legal adviser sanctioned the plan on 16-11-89. Upon the appellants application the plan was re-sanctioned on 9-2-93. While the appellant constructed the multi s..Category: Property Law | Date: | Hits: 35
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......ed by way of recording the oral testimony of P.W. 1 and a date was fixed for cross-examination by the defendant-appellant-SABINCO; that the appellant instead of cross-examining Pw. 1 filed an application under Order 7 Rule 11 for rejection of plaint on the ground, inter alia, that the suit..Category: Others | Date: | Hits: 95
Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)
....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ......ed in law in interfering with the departmental proceeding in setting aside the order of dismissal. 4. The learned counsel appearing for the respondent on the other hand submits that in his application filed before the Administrative Tribunal the respondent took specific ground to the eff..Category: Administrative Law | Date: | Hits: 94
Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)
.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......ted and the appellant is in custody since 6.2.2001. Subsequently the appellant intended to file a regular appeal but since the statutory period for filing appeal expired, the petitioner had to file application under section 561A of the Code of Criminal Procedure praying for quashing the above jud..Category: Criminal Law | Date: | Hits: 70
Ali Asgar Khan, Registrar, Supreme Court of Bangladesh Vs. Md. Anwarul Islam, 2004, 33 CLC (AD)
....e No. 1E/4-Kal -25/96 for a period of 7 months from date. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 539. ......appellants and the submission that as the proceedings of 1st Miscellaneous Appeal No. 109 of 1996 was stayed by the Appellate Division, the High Court Division ought not to have proceeded with the application under Section 476 of the Code of Criminal Procedure and also the submission that the Hi..Category: Criminal Law | Date: | Hits: 49
Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)
....for loans taken by them. 3. A petition for succession certificate was filed earlier as Miscellaneous Case No. 203 of 1981 but the same was withdrawn with permission to sue of terse. A fresh petition was thereafter filed with the prayer to grant succession certificate. 4.......an. Subsequently the appellant received a sum of Tk. 5 lacs from him and relinquished their claim to the ornaments etc. kept in the said iron safe. His further case was that the instant application for succession certificate has not been filed by the appellant but same has been filed ..Category: Property Law | Date: | Hits: 39
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....ntually heard by the learned Subordinate Judge and Artha Rin Adalat, Pabna who by his judgment and decree dated 19.11.1990 allowed the appeal and sent the suit back on remand to the trial court for fresh hearing giving the parties chance to amend the leading and adduce evidence if so d......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ..Category: Property Law | Date: | Hits: 33
Kanai Lal Roy Vs. Swaraswati Roy and ors., 2002, 31 CLC (AD)
.... Court Division is set aside and order of granting probate on compromise is set aside and it is cancelled. The probate case, however, is sent back to the original court, for hearing the same afresh in accordance with law by giving opportunity to die concerned party to produce the will ...... Court Division has jurisdiction to grant the Probate merely on the consent of the parties without the will being proved in accordance with law. 5. It is noticed that the appellant filed an application before the High Court Division for vacating the order of granting probate on compromise..Category: Property Law | Date: | Hits: 74
Abdul Wahab Vs. Khoka Miah, 2002, 31 CLC (AD)
....bmission the appeal is allowed. Parties will take step for disposal of the writ petition No. 3968 of 1998 as soon as possible. Ed. This Case is also Reported in: 1 ADC (2004) 480. ......; KM Hasan J.- This appeal arises against the judgment and order dated 22.6.1999 passed by the High Court Division in writ petition No. 3968 of 1998 rejecting an application for addition of party filed by the appellant. 2. The facts leading to the leave..Category: Procedural Law | Date: | Hits: 78
Giasuddin Quader Chowdhury Vs. ABM Fazle Karim Chowdhury and others, 2002, 31 CLC (AD)
....Any person aggrieved by a decision of the High Court Division may within thirty days of the announcement of the decision appeal to the Appellate Division (if it grants leave to appeal.) ......eads as follows: "Is the Election Petition maintainable under Article 58 of the Representation of the People's Order (P.O. No. 155 of 1972)." 6. None of the respondents filed any application for hearing of the said issue No. 1 before hearing the other issues but the High Court ..Category: Election Law | Date: | Hits: 312
Anowara Begum Vs. State, 2004, 33 CLC (AD)
....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ...... Division in Criminal Appeal No. 706 of 1996 dismissing the appeal. 2. Short facts are that informant was married to one M. A. Malik on 11.10.1991. On 28.02.1993, the informant filed an application before the Deputy Commissioner Sylhet alleging that after her marriage she found h..Category: Criminal Law | Date: | Hits: 64
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ...... J. - This appeal by leave is directed against the judgment and order dated 3.12.97 passed by the Division Bench of the High Court Division in Civil Rule No. 117(F) of 1993 rejecting the appellants application praying for recalling the order dated 7.2.1996 and restoring the Rule to its original f..Category: Procedural Law | Date: | Hits: 94
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ....... Huq submits that the plaintiff has made out a case of detention and conversion of the goods, accordingly Article 48 would govern the instant suit; Article 120 of the Limitation Act has no manner of application in the present case. Article 48 of the Limitation Act may be quoted as under: ..Category: Civil Law | Date: | Hits: 79
Kanai Lal Roy Vs. Roy Swaraswati and ors, 2002, 31 CLC (AD)
.... Court Division is set aside and order of granting probate on compromise is set aside and it is cancelled. The probate case, however, is sent back to the original court, for hearing the same afresh in accordance with law by giving opportunity to the concerned party to produce the will ...... Court division has jurisdiction to grant the Probate merely on the consent of the parties without the will being proved in accordance with law. 5. It is noticed that the appellant filed in application before the High Court Division for vacating the order of granting probate on compr..Category: Civil Law | Date: | Hits: 114
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......l Amin J. - The appeal by leave is against the judgment and Order dated March 30, 1997 of a Division Bench of the High Court Division passed in Civil Order No. 1383 of 1997 rejecting the revisional application summarily. The revisional application was filed against the order dated 19. 2. 1997 of ..Category: Civil Law | Date: | Hits: 121
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