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Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....im injunction to be not satisfactory. He passed orders for issuance of summons upon the appellants through registered post. It is not clear why the learned Subordinate Judge did not pass orders for fresh service of summons through Court. 16. At the hearing of the miscellaneous case OPW 2, the p......special leave is directed against the judgment and order dated 13.2.85 passed by a Division Bench of the High Court Division, Dhaka in Civil Order No. 98 of 1985 summarily rejecting the appellant's application under section 115 of the Code of Civil Procedure and affirming the concurrent judgments ..Category: Procedural Law | Date: | Hits: 116
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....e. The appellant is directed to dispose of the appeal within 6 months and after that period the ad-interim bail shall cease to continue and if the appeal be not disposed of in the High Court Division fresh application may be filed before the High Court Division for bail……………….(3)Lawyers ...... appellant is directed to dispose of the appeal within 6 months and after that period the ad-interim bail shall cease to continue and if the appeal be not disposed of in the High Court Division fresh application may be filed before the High Court Division for bail……………….(3)Lawyers Involv..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
.... as such, the respondent No.3, which is the controlling Ministry having the power of supervision of the affairs of the appellant, directed the appellant to withdraw the letter of intent and to invite fresh bid and accordingly, the appellant withdrew the letter of intent and, there had been no arbitr......ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ..Category: Others | Date: | Hits: 100
Rabia Bhuiyan, MP Vs. Ministry of LGRD & others, 2005, 34 CLC (AD)
....ing steps taken to implement the Arsenic Policy, 2004 and the Plan. Accordingly, the appeal is allowed within directions as set out above. There is no order as to costs. Ed. ......p; urgency, instantly give necessary direction, if it appears that public life is about to be disrupted due to environmental pollution (Section 4(3) Act); - for receiving information on application by persons affected from the pollution or degradation of the envir..Category: Environmental Law | Date: | Hits: 255
Rowshan Ara Begum Vs. Secretary, Ministry of Works and Urban Development, BD, 2006, 35 CLC (AD)
....in question since said property is an abandoned property. The ground contending which review of our judgment is sought merits no consideration. Accordingly the review petition is dismissed. Ed. ......w attention of the learned Counsel to the facts of the case referred by him the learned Counsel felt difficulty to press his contention that the decision reported in the aforementioned law report has application in the facts of the instant case. 11. In the instant case while the property was list..Category: Property Law | Date: | Hits: 37
Muinuddin Zulfiquer (Md) Vs. Government of the Republic of Bangladesh, 2006, 35 CLC (AD)
....e of the judgment for review. 8. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly, the petition is dismissed. Ed. ......s mentioned, that in the light of the advertisement the writ-petitioner, respondent No.5 and others applied for being appointed as Engineer and Ship Surveyor and in due course the candidates whose applications were found valid were called for interview, the Public Service Commission recomme..Category: Employment/Service Law | Date: | Hits: 76
Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ...... or financial institution as defaulting borrowers in view of section 27 KaKa (3) of the Bank Companies Act. Hence the petitioners filed these two writ petitions. 4. The respondents filed an application for dismissing the leave petitions on the grounds, inter alia, that an agreement was si..Category: Business or Commercial Law | Date: | Hits: 108
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. ......ovisions of section 75A of the Act are attracted only in the case of an agricultural and horticultural holding and as the disputed property was a residential house the aforesaid provisions have no application to the instant case. If the said provisions were attracted to the case of a lease of re..Category: Property Law | Date: | Hits: 34
Niamat Ali Sheikh and others Vs. Begum Enayetur Noor and others, 1990, 19 CLC (AD)
....criminal jurisprudence that a criminal complaint suffers from no law of limitation and that an alleged criminal act will never go untried. This court hold that there is no legal bar for instituting a fresh prosecution on the selfsame facts after a proceeding is stopped and accused released under sec...... No. XXIII of 1986, dated 27.3.86, section 339D was inserted in the Code providing for revival within 90 days of those proceedings in respect of which trial was stopped. Section 339D, however, has no application in the present case because the earlier proceeding was stopped on 19.8.85 and Ordinance ..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. ......f 1967) Judgment D.C. Bhattacharya J – This petition for special leave to appeal is against a judgment of a Bench of the High Court, discharging a rule obtained by the petitioner on application under Article 102(2) of the Constitution, challenging an order made by respondent No. 2..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. ......ovision for destruction of the suit register and that plaintiffs having not called for the suit register the High Court Division was in error in holding that the suit register was called for on the application of the plaintiffs and thereupon rejecting the finding of the lower appellate Court tha..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....list of vested property and the record was sent to the Ministry of Land for final approval but the Ministry instead of passing the order of release sent back the record to the District authority for; fresh consideration of the case, that while the process for releasing the property from the list of ......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. ..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. ......ntion of the respondent that the plaintiff's suit was not maintainable since as per provision of section 35(c) and the last clause of that section of Specific Relief Act he was required to file an application before the Court that passed the decree on compromise for specific performance of the c..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
....sement right over the suit laud but the same was dismissed for default, that Bipin Chandra filed Title Suit No. 428 of 1979 impleading the plaintiff but later on the same was withdrawn and he filed fresh suit being No.159 of 1982 seeking cancellation of the kabala on the basis of which plaintiff ...... holding and restriction thereon. Mutation proceeding and Sub-division of holding are not identical. Mutation of the khatian or correction of the Khatian may be made by the Revenue Officer on application by interested party or of his own motion under section 50 of the State Acquisition and ..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. ......processors and others in raiyati right, that, dining the survey operation under the State Acquisition and Tenancy Act the suit land was wrongly recorded in the name of the respondent, whereupon an application was filed on behalf of the appellants for correction of the record of rights under..Category: Property Law | Date: | Hits: 36
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......nt Ordinance, 1976 and for examining whether the Election Tribunal has denied the appellant the opportunity to defend his case by refusing to stay the proceeding in order to enable him to file the application for transfer before the Government. 5. Mr. Syed Ishtiaq Ahmed, learned Counsel fo..Category: Election Law | Date: | Hits: 122
Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)
....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ......nd buildings owned by trustees but let out on rental basis to others. The reference to Bindra's Interpretation of Statute by Mr. Sobhan is on the basis of the case we find no principle therein for application in this case. 8. In support of his contention Mr. Sobhan has also referred ..Category: Fiscal/Taxation Law | Date: | Hits: 90
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. ......20/409/467/468/471/466 of the Penal Code. 3. Upon the said F.I.R, Police started investigation and during the investigation, the accused-respondent No.1, Anisuzzaman Chowdhury filed an application before the Magistrate 1st Class, Bagerhat with a prayer for taking back the seized good..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. ...... the Rule was issued calling upon the Deputy Commissioner, Rajshahi to show cause as to why the impugned judgment and order dated 04-05-2005 passed by Druto Bichar Tribunal, Rajshahi rejecting the application of the writ-petitioners for recalling of the P.Ws. 1, 2 and 3 for cross-examination on ..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. ......e 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 was registered upon and application filed under Order 41, Rule 21 of the Code of Civil Procedure. 2. The aforesaid M..Category: Trust/Waqf Law | Date: | Hits: 266
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