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Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)
....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ...... by limitation so the same was liable to be dismissed. 3. The decree-holder respondents filed an application for rejection of the said application as not maintainable. The learned Assistant Judge rejected the said application holding that the application under Order 21 rule 29 of the Code..Category: Property Law | Date: | Hits: 34
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......sp; Md. Hamidul Haque J. - Delay of 6 (six) days is condoned. 2. By this application, the petitioners seek leave to appeal against the judgment and order passed by a Single Judge of the High Court Division in Civil Revision No.1602 of 1994 discharging the Rule and affirm..Category: Procedural Law | Date: | Hits: 113
....o the decision of the High Court Division does not call for any interference.
The petitions are dismissed.
Ed.
This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07.
...... of the above Civil Petition Nos. 95 and 96 of 2007 facts in short are that Biswajit Dutta (Bhulu),as plaintiff No. 2, instiÂtuted the above Title Suit No. 227 of 1998 in the Court of Joint District Judge, 3rd Court, Dhaka seeking declaration that the power of attorney dated 9.7.1998 executed by Be..
Category: Civil Law | Date: | Hits: 111
Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)
....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......he judgment and order dated 25-7-2004 passed by a Single Bench of the High Court Division in Criminal Appeal No. 1296 of 1994 arising out of Special Case No. 19 of 1991 in the Court of 2nd Additional Judge, and Special Judge, Kishoreganj. 2. The prosecution case, in short, is that while the accus..Category: Anti-Corruption Laws | Date: | Hits: 90
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......f Taka 10,000 passed by the trial Court was mainÂtained. 4. Criminal Appeal No. 2990 of 2002 was filed by Wahed Khan alias Wahed and Abdus Salam Mollah. 5. The 1st Court of Additional Sessions Judge, Faridpur upon convicting Idris Ali Sheikh alias Gandu Sheikh and Samad Molla (Member) alias A..Category: Criminal Law | Date: | Hits: 63
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......discharging the Rule. 2.The revisional application was filed under section 115(4) of the Code of Civil Procedure against the judgment and order dated August 28, 2006 of the Court of District Judge, Dhaka in Civil Revision No. 400 of 2006 allowing the same and thereupon setting aside the or..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......of limitation. The trial Court allowed pre-emption, but the lower appellate Court refused pre-emption. Both the Courts held that the question of limitation did not arise. In revision a learned Single Judge of the High Court Division, Dhaka set aside the lower appellate Court's judgment in the absenc..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....lt, therefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......e High Court Division, Dhaka in Civil Revision No. 402 of 1988). Judgment Badrul Haider Chowdhury CJ.- This appeal by Special leave is directed against the judgment and order passed by a single Judge of the High Court DiÂvision in Civil Revision No.402 of 1988. 2. The moot question in this..Category: Election Law | Date: | Hits: 134
Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)
....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......efore the High Court Division that the landlord would get a decree on the ground of bonafide requirement if he could show any cause "which may be deemed satisfactory by the Court". The learned Single Judge of the High Court Division rejected that plea and observed: "This, I am afraid, will not co..Category: Property Law | Date: | Hits: 64
Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)
....erefore, this appeal is allowed and the judgment and order of the High Court DiviÂsion is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......(c) there is a reasonable apprehension that the industrial concern is unable to pay its debts or may go into liqÂuidation. In such circumstances section 33 empowers the Sangstha to move the District Judge having juÂrisdiction for certain relief including order for payÂment of the loan. Section 34..Category: Election Law | Date: | Hits: 124
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ...... are directed against the judgÂment and order of the High Court Division, in Civil Revision Nos. 302 and 303 of 1983. 2. Leave has been granted to decide the quesÂtions as to whether the learned Judges of the High Court Division, Comilla Bench, were right in holdÂing that the amendment of the ..Category: Procedural Law | Date: | Hits: 84
Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)
....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, disÂmissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......ion, Dhaka in Civil Revision No. 742 of 1987). Judgment ATM Afzal J.- Appellant is a judgment debtor in an execution case, being Money Execution Case No.791 of 1986 of the Court of Subordinate Judge and Commercial Court No.1, Dhaka, for realiÂsation of interest pendente lite. Its prayer for ..Category: Civil Law | Date: | Hits: 113
Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)
....the purpose of compensation in the case of this plaintiff-respondent only, should be the date of the personal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......laintiffs. 3. The predecessor-in-interest of the plaintiff-respondents, Basharatullah, and his wife respondent No.2 as plaintiffs brought Title suit No. 147 of 1984 in the 3rd Court of Subordinate Judge, Dhaka on the averments, inter alia, that the suit land owned by them was requisitioned in L.A..Category: Property Law | Date: | Hits: 38
Ahsan Sarfun Nur @ Mukul others Vs. Nurul Islam Sarder and another, 1989, 18 CLC (AD)
....ugned judgment and order are set aside. Let Criminal Revision No. 180 of 1986 be heard and disposed of afresh in accordance with rules. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 90. ......ber, 1986 passed by the High Court Division, DhaÂka in Criminal Revision No. 180 of 1986.) Judgment ATM Afzal J.- In this appeal by leave the short point for consideration is whether a Single Judge of the High Court Division is competent to hear a revision under section 439 of the Code of Cr..Category: Criminal Law | Date: | Hits: 40
Moulana Abdul Matin Vs. Oli Ullah Khan and ors., 1990, 19 CLC (AD)
.... 9th to 16th April, 1988. In that Writ petition respondent No. 1 asserted that the polls were held peacefully in the aforesaid two centres on 10th February 1988; that the results were declared by the Presiding Officer and sent to the Returning Officer in Form 'K'; and that after consolÂidating the ......gement and order of the High Court Division, passed in Writ Petition No. 264 of 1988, is set aside and the Writ is re-called. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 76. ..Category: Election Law | Date: | Hits: 111
Serina Begum and anr. Vs. Mofizul Islam and others, 1989, 18 CLC (AD)
....rayer. The High Court Division was correct in taking the view. In the result, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 77. ......ce consideration with statutory compensation within four months of the dale of sale, beÂcause the petitioners themselves filed their written objection much later. It was contended before the learned Judge that the trial Court did not give the petitioners an opportunity of being heard nor did hold a..Category: Property Law | Date: | Hits: 32
Aftabuddin Vs. Mahfuzus Sobhan & ors., 1990, 19 CLC (AD)
....ng of facts in this case the less said the better. With this observation, this appeal is disposed of without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 78. ...... to vacate the suit premises for accommodation of the plaintiff-appellant, who is a judicial officer. 2. The plaintiffs case was that the suit premisÂes was the official residence of the District Judge, Noakhali since the British regime and it was made over to the then Department of Law of the G..Category: Property Law | Date: | Hits: 30
Ziaul Huq and ors. Vs. Messers Business ReÂsources Ltd. & ors., 1989, 18 CLC (AD)
....pinion that no further steps need be taken at this stage and in this view of the matter, the petition for special leave is disÂmissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 80. ......cademic atmosphere of the school and would deprive the school permanently from using its land." 6. It appears that the matter was heard before the Trial Court at length and the learned Subordinate Judge after hearing the parties rejected the prayer for temporary injunction by its order dated 22.1..Category: Civil Law | Date: | Hits: 130
Mohammad Julfikar Vs. Abul Kalam Chowdhury and ors, 1989, 18 CLC (AD)
....ms. In view of the above, we dismiss both the appeals, Civil Appeal No. 40 of 1989 and Civil ApÂpeal No. 61 of 1989. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 83. ......eals are dismissed. The Local Government (Union Parishad) Ordinance, 1983 (LI of 1983), sections 28 & 29(4) The Code of Civil Procedure, 1908 (V of 1908), section 24 Whether the District Judge as Election Appellate Authority can transfer an appeal against the decision of the Election Tr..Category: Election Law | Date: | Hits: 125
Reazul Hoque Molla Vs. Afizullah Mollah @ Shafiuddin Molla & others, 1989, 18 CLC (AD)
....the submission made by the learned AdvoÂcate for the appellant. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 74.......ts. The order of the learned assistant judge has rightly been set-aside by the High Court Division. In deciding an application under Order IX, rule 13 of the Code of Civil Procedure learned Assistant Judge cannot restore the suit in exercise of inherent power under section 151 of the Code………â€..Category: Procedural Law | Date: | Hits: 88
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