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Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)

....is set aside. The Money Execu­tion case be struck off and the attachment of the ap­pellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......by the High Court Division, Dhaka in Civil Revision No. 287 of 1984). Judgment: ATM Afzal J. - Appellants are judgment-debtors in Money Execution Case No. 12 of 1983 in the Court of Subordinate Judge, Narayanganj. The question for consideration in this appeal by leave is whether the appellants..

Category: Banking Law | Date: | Hits: 134

Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)

....ts and decrees of the High Court Divi­sion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......Civil Revision Nos. 117 & 118 of 1983 respectively). Judgment: Shahabuddin Ahmed CJ. - These two ap­peals by special leave are directed against a common judgment and decree of a learned Single Judge of the High Court Division reversing in revision the con­current decision of the trial Court ..

Category: Property Law | Date: | Hits: 38

Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)

.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......ellants' Miscellaneous Case No. 151 of 1981 under Order 9 rule 13 of the Code of Civil Procedure. 2. Plaintiff-respondent Nos. 1-4 instituted Title Suit No. 589 of 1980 in the Court of Subordinate Judge, Dhaka for declaration of title to the suit land. The suit was decreed ex parte on 1.12.80 The..

Category: Procedural Law | Date: | Hits: 116

Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)

....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ...... 1986 passed by the High Court Division, Dhaka, in Criminal Appeal No. 215 of 1986). Judgment: Shahabuddin Ahmed CJ. - In this appeal by special leave the short question is whether the learned Judges of the High Court Division properly exercised their discretion in refusing bail to the ac­cu..

Category: Criminal Law | Date: | Hits: 51

Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)

....The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ......ch of the High Court Division passed in Civil Revision No. 28 of 2001 discharging the Rule. 2. The respondent, as plaintiff, filed Title Suit No. 35 of 1997 in the Court of Senior Assistant Judge, Matlab, Chandpur seeking permanent injunction on the averments that 8.77 acres of land apper..

Category: Property Law | Date: | Hits: 33

Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)

.... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ......976 passed by the High Court in S.A. No. 1126 of 1962) Judgment  D. C. Bhattacharja J.— This petition for special leave to appeal is against a judgment of a Single Judge of the High Court, dismissing a Second Appeal, arising out of a suit for speci­fic perfor..

Category: Property Law | Date: | Hits: 34

Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)

....e Chowdhury @ Kala Mia and (5) Akhtarul Haque Chowdhury be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 253. ......1989. (From the Judgment and Order dated 9.5.88 passed by the High Court Division, Chittagong Bench, in Death Reference No. 2/87 with Criminal Appeal No.122/87 and Jail Appeal No. 123 of 1987). Judgement Shahabuddin Ahmed CJ. - This appeal by special leave calls in question the propriety of..

Category: Criminal Law | Date: | Hits: 74

Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)

....me. We, therefore, find no ground for interference with the judgment and order of the High Court Division. The appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 250 ......st the same set of accused persons by the same set of complainants upon the self-same allegations is permissible or not. It arises from the judgment and order dated 21.7.86 passed by a learned Single Judge of the High Court Division, Dhaka Bench in Criminal Revision No. 29 of 1986 discharging the Ru..

Category: Criminal Law | Date: | Hits: 46

Shaikh Abdul Quader Vs. Chairman, Bangladesh Agricultural Development Corporation, 1978, 7 CLC (AD)

.... petition to decide whether the said view of the learned Judges of the High Court was correct. We do not find anything to interfere with the order. The petition is dismissed.. Ed. ...... affect the enquiry. For the said proposition reliance was placed upon deci­sion of the High Court Division in the case of Syed Md. Sakk Vs. Bangladesh (1975) 27 DLR 328. 4. The learned Judges of the High Court have distinguished the said case on facts and have pointed out that it was..

Category: Employment/Service Law | Date: | Hits: 79

Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)

....sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ...... 13, 2000 of a Single Bench of the High Court Division in Civil Revision No. 1781 of 1990 making absolute the Rule upon reversing the judgment and decree dated June 9, 1990 of the Court of District Judge, Jhalakathi in Title Appeal No. 34 of 1988 reversing the judgment and decree dated May 29, 1..

Category: Property Law | Date: | Hits: 52

Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

....d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ......f a Single Bench of the High Court Division in Civil Revision No. 2580 of 2000 making absolute the Rule obtained against the judgment and decree dated March 22, 2000 of the 1st Court of Sub­ordinate Judge (now Joint District Judge) Kishoreganj in Other Appeal No. 139 of 1995 allowing the same upon ..

Category: Tenancy Law | Date: | Hits: 156

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ...... April 9, 2003 of the High Court Division in First Appeal No. 186 of 1999 allowing the same and thereby setting aside the judgment and decree dated January 31, 1999 of the 3rd Court of Subordinate Judge (now Joint District Judge), Chittagong in Other Suit No. 136 of 1996 decreeing the same. ..

Category: Property Law | Date: | Hits: 94

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

....n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ......n No.414 of 1988 (Rangpur)/Civil Revision No. 7966 of 1991 (Dhaka) making abso­lute the Rule upon reversing the judgment and decree dated June 26, 1988 of the Court of Addi­tional District Judge, Rangpur in Other Appeal No. 224 of 1986 setting aside the judgment and decree dated December..

Category: Property Law | Date: | Hits: 35

Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)

....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......against a judgment of a Bench of the High Court Division, setting aside, in exercise of the powers under section 115 of the Code of Civil Procedure, an order made by the first Court of Subordinate Judge, Dacca rejecting the prayer of the respondent for amendment of the additional written stateme..

Category: Property Law | Date: | Hits: 36

Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)

.... election before the Election Tribunal, on the grounds, inter alia that the polling station was set up at a place which was under the control of the appellant and that the appellant entertained the Presiding Officers at his residence on the night previous to the date of election and that the Pres......erred right upon the appellant to move application for transfer before the Government at any stage of the trial, and the cause for seeking transfer having arisen in course of the trial, the learned Judge of the High Court were wrong in holding that respondent No 1 had no duty to stay the proceedi..

Category: Election Law | Date: | Hits: 122

Solicitor repre­sented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)

.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dis­missed. Ed. ......to the accused by order dated 05-08-2002 against which the Commissioner of Customs, Mongla filed an application under Sections 439A/435 of the Code of Criminal Procedure before the learned Sessions Judge, Bagerhat being Criminal Revision case No. 165 of 2002, who hearing the parties dismissed the..

Category: Criminal Law | Date: | Hits: 88

Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)

....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this applica­tion. Accordingly, it is dismissed. Ed. ......e out submit­ted charge-sheet against 15 accused-persons including the leave-petitioners under Section 120B/302/34 of the Penal Code.  In due course, the case sent to the learned Sessions Judge, Pabna for trial, who thereafter trans­ferred the same to the learned Judge, Druto Bichar..

Category: Criminal Law | Date: | Hits: 41

Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)

.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ......1999 of a Single Bench of the High Court Division in Civil Revision No. 1825 of 1994 making the Rule absolute upon setting aside the order dated October 18, 1993 of the court of Additional District Judge, Narayangonj in Miscellaneous Case No. 7 of 1992 allowing the same. The Miscellaneous Case w..

Category: Trust/Waqf Law | Date: | Hits: 266

Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)

.... The petitioners are also permitted to pre­pare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......der dated 20.4.2004 passed by a Division Bench of the High Court Division in Civil Revision No. 4256 of 1997 making the rule absolute and thereby setting aside the impugned order of the Subordinate Judge (now Joint District Judge), 1st Court, Mymensingh in Miscellaneous Case No. 60 of 1999. ..

Category: Property Law | Date: | Hits: 41

Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)

....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......e delay is condoned. 2. This petition for leave has been preferred by the plaintiff petitioner Musammat Sokhina Khatun challenging the judgment and order dated 18.08.2004 passed by a Single Judge of the High Court Division in Civil Revision No.1571 of 2003. 3. Facts, in short, for ..

Category: Property Law | Date: | Hits: 37