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Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)
....of the learned Advocate for the petitioner. Accordingly, this petition is dismissed without any order as to cost. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 287. ......b Hossain, learned Advocate-on-record, appearing for the petitioner submits that the learned Lower Appellate Court as a final Court of fact having considered the exhibits No. 1 to 1(jha) and in an application for pre-emption the petitioner is required to file certified copy of the disputed kabal..Category: Property Law | Date: | Hits: 33
Raisuddin Vs. Md. Abdul Munim Chowdhury & another, 2008, 37 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 285. ......pect of preempted land. The High Court Division further observed that Section 96(9)(c) of the State Acquisition and Tenancy Act does not make it mandatory on the part of the pre-emptor to make any application for formal delivery of possession and in the instant case in view of the case that the ..Category: Property Law | Date: | Hits: 30
Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)
....sion upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 278. ......ssions Judge, Mymensingh and the Court of appeal dismissed the appeal and affirmed the judgment and order passed by the trial Court. 4. Being aggrieved thereby the present petitioner led an application under section 439 of the Code of Criminal Procedure before the High Court Division and ..Category: Criminal Law | Date: | Hits: 31
M/S. Uttara Steel Corporation Ltd & anr Vs. Learned Judge, Artha Rin Adalat & ors, 2007, 36 CLC (AD)
.... of the learned Advocate for the petitioner deserves no consideration. The petition, accordingly, is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 266. ......l Corporation Limited and another, seek for Leave to Appeal against the judgment and order dated 25.10.2004 passed by the High Court Division in Writ Petition No.5663 of 2004 summarily rejecting an application under Article 102(1)(2)(a)(i)(ii) of the Constitution of the People's Republic of Bang..Category: Civil Law | Date: | Hits: 89
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ......iat; further exhibit Kha showed that there was a Board of Allotment in the Ministry of Public Works comprising of a Joint Secretary and other officials to deal with such government land and on the application of the petitioner dated 25.2.93 the above Board, in its decision dated 8.4.93, allowing..Category: Property Law | Date: | Hits: 27
Panchalipara Ebtedaya Madrassa Vs. Abdul Kader, 2007, 36 CLC (AD)
....e in the submissions of the learned Advocate for the petitioners. Accordingly, the application is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 256, 19 BLT (AD) (2011) 12. ......to Appeal No. 1356 of 2005. (From the judgment and order dated 22nd March, 20Q5 passed by the High Court Division in Civil Revision No. 530 of 2001). Judgment Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed..Category: Property Law | Date: | Hits: 42
Korea Bangladesh Food Products Limited Vs. National Bank Limited and others, 2008, 37 CLC (AD)
....find no substance in the submission of the Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 253. ...... amount as the judgment and decree dated 22.11.2004 carried an interest from the date of filing of the suit to realization at the rate given in Section 50(2) of the Artha Rin Adalat, 2003 that the application to set aside the auction sale was made under Order 21 Rule 90 of the Code of Civil Proc..Category: Business or Commercial Law | Date: | Hits: 82
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......22-4-2001 and the learned Chief Metropolitan Magistrate took cognisance and the accused appeared before the court and was released on bail and thus the proceeding being started the accused filed an application under section 241A of the Code of Criminal Procedure praying to discharge him but the ..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....esses before the Sessions Court upon transfer to the Tribunal shall be treated to be the deposition before the Tribunal and the Tribunal could in the interest of justice as necessary take evidence afresh. Thus, there is no change in any trial procedure before the Tribunal upon transfer of the case......8-2001 lodged on 12-8-2001, long before enactment of the impugned Act the instant case does not fall within the ambit of section 1 of the Act, and there is no scope of giving retrospective effect for application of Act XXVIII of 2002 since the same has not been specifically provided for in the said ..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ......s so advertised. As there was none who had any right, title and interest over the trade mark in question, there was no opposition to the advertisement of the aforesaid application and the application proceeded with registration unhindered. The trade mark so registered was renewed ..Category: Intellectual Property Law | Date: | Hits: 245
Mamunur Rashid Mamun and another Vs. Bangladesh and others, 2007, 36 CLC (AD)
.... discharging the Rules as being infructuous. 10. The law on practice and procedure provide that in case of split judgment when the matter is referred to a third Judge, learned Third Judge on fresh hearing, as the instant Rules are, gives his judgment and order as regard the case refer......rther case is that the allegations in the FIR do not attract the Public Safety Act. The Public Safety Act is unconstitutional and void as it is inherently prone to arbitrary and discriminatory application. 4. A Division Bench of the High Court Division heard and disposed of the m..Category: Criminal Law | Date: | Hits: 43
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ......ied with. Moreover, the service of the petitioners was terminated in a lump in four office orders. This kind of termination of service enmasse it is not envisaged in Regulation 55 (2). This shows non-application of the mind and non-consideration of the case of each individual petitioner on merit by ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Iqbal Hasan Mahmood Tuku, 2008, 37 CLC (AD)
....ore maintainable. In view of the foregoing discussions the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 147. ......ssential constituent part for the Board to function, the sanction given by it cannot be taken to be in any way tainted for his presence on the Board. Hence the principle of coram-non-judice has no application in the present case. The case of Md. lqbal Ahmed vs. Andhra Pradesh, AIR 1979 SC 677 ma..Category: Fiscal/Taxation Law | Date: | Hits: 97
Ruhitar Rahman and others Vs. Satish Chandra Roy Chowdhury and ors., 2006, 35 CLC (AD)
.... mentioned the matter intimating the High Court Division about the death of above Mr. Jitendra Narayan Deb, Advocate, the sole lawyer of the petitioners and prayed for 2 (two) weeks time for filing fresh Vokalatnama. But the above prayer was refused and then on 20-08-2000 the Rule was discharged ...... Islam J. - This appeal, by leave, is preferred against the judgment and order dated 2-11-2000 of a Single Bench of the High Court Division passed in Civil Revision No. 10067 of 1991 rejecting the application filed by the plaintiff/appellants praying for restoration of the Civil Revision No. 100..Category: Civil Law | Date: | Hits: 99
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ...... No. 1 of Laxmipur). The appeal is as regard the order which runs as:- “The trial of the petitioner under Section 25A is not legally sustainable in law but if a Rule is issued on this application there will be further delay in the disposal of the case particularly when the petitione..Category: Criminal Law | Date: | Hits: 38
Md. Ohidul Islam and others Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....mpugned judgment and order of the High Court Division. Accordingly, this petition merits no consideration and it is dismissed. Ed. This Case is also Reported in: 4 LG (2007) AD 1. ...... Judgment Syed J. R. Mudassir Husain.- This civil petition for leave to appeal is directed against the judgment and order dated 30-06-2003 passed by the High Court Division allowing the application for addition of party and adding the applicants as respondent Nos. 6-16 in Writ Petiti..Category: Property Law | Date: | Hits: 24
Anti Corruption Commission Vs. Syed Tanveer Ahmed and another, 2008, 37 CLC (AD)
....xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ...... 2007 passed by the High Court Division in Writ Petition No. 9581 of 2007). Order This application under Article 103 of the Constitution of the People's Republic of Bangladesh is direct..Category: Others | Date: | Hits: 84
Towfiqul Islam & ors Vs. S.M. Mohiuddin, Officer-in-charge, Motijheel, Dhaka & ors 2007, 36 CLC (AD)
....in law. There is therefore no cogent reason for considering the prayer for review. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 434. ......r-in-charge of Motijheel Police Station as the Receiver of the said property by an order dated 20.11.1997 to maintain the law and order situation. Monowara Islam and her tenants filed several applications for staying the operation of the order dated 20.11.1997 in order to stop him from taki..Category: Criminal Law | Date: | Hits: 32
Government of Bangladesh Vs. Md. Abdus Salam, 2006, 35 CLC (AD)
....we find no cogent reason to interfere with the judgment passed by the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 424. ......, at the instance of the defendants, is directed against the judgment dated 13.7.2002 passed by the High Court Division in Civil Order No.7226 of 2002 summarily rejecting the revisional application. 3. The respondent Nos.1-13, as plaintiffs, filed Title Suit No. 27 of 1995 in t..Category: Property Law | Date: | Hits: 28
Sheikh Intaz Ali and others Vs. Solaiman Tarafder and others, 2006, 35 CLC (AD)
....iew that on interference is called for with the judgment sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 420. ......ereby restoring the Title Suit No. 40 of 1985 to its original file and number upon setting aside the ex parte decree passed therein. 2. The trial Court allowed the Miscellaneous case upon an application filed under order 9, Rule 13 of the Code of Civil Procedure on the finding that the sum..Category: Procedural Law | Date: | Hits: 78
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