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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. ......e the learned District Judge and on the date of hearing of the appeal no steps been taken on behalf of the appellants, the appeal was dismissed for default. Thereafter the appellants filed an application under order 41 Rule 19. 4. Mr. A. J. Mohammad Ali, learned Attorney General appe..Category: Property Law | Date: | Hits: 41
State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)
.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ......4. The director General of Narcotics having power of an officer in charge under Section 39 of the Narcotics Control Act,19990, the learned Magistrate having directed for further investigation on an application of Naraji submitted by the Director General, the High Court Division erred ..Category: Criminal Law | Date: | Hits: 90
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... pass an infructuous decree, as in the present case, the intended application for pre-emption to be filed by the plaintiff-respondent being barred by limitation, time for filing such an application having expired as early as 1993". 10. In the background of the additiona..Category: Property Law | Date: | Hits: 38
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......mber 1999, of the Bangladesh Bank (Annexure-Q to the writ petition) wherein it was observed that the Sundarban Bank International Ltd. (Proposed) failed to reach the stage of eligibility for filing application for issuance of licence to start banking business. 3. The case of the writ petit..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....y the Regulations and thus erred in law in deciding the writ petitions upon such an erroneous view. 12. His next submission is that the High Court Division is wrong in its view that with the fresh and new appointment in the Biman the writ petitioners started a new career having no nexus wi......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ...... dated 22.06.2002 issued under Section 3 of the Acquisition and Requisition of Immovable Property Ordinance,1982 hereinafter referred to as the Ordinance alleging that the respondents without application of their mind as to the suitability of Parabarta and Borokaw Mouza for developing ..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......p; Md. Ruhul Amin J.-his appeal by leave is against the judgment dated May 10, 1998 of a Single Bench of the High Court Division in Civil Order No. 3451 of 1998 rejecting the revisional application summarily. The revisional application was filed against the judgment and decree d..Category: Property Law | Date: | Hits: 28
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....ey by 27.11.88 with proper validation and necessary Bangladesh stamps. This time the plaintiff-appellant submitted a validated and stamped power of attorney on 27.12.88. The power of attorney was a fresh one, executed in Calcutta on 2.1.88 and authenticated by a Notary Public, Calcutta on 2.1.88 a...... - This appeal, following leave, is from the judgment and order dated 8.8.89 passed by a learned Single Judge of the High Court Division, Dhaka in Civil Order No.736 of 1989 dismissing summarily an application under section 25 of the Small Cause Courts Act and thereby affirming an order dated 25.5..Category: Property Law | Date: | Hits: 118
Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)
....High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..Category: Election Law | Date: | Hits: 126
Syed Ali Mir and another Vs. Syed Omar Ali and another, 1990, 19 CLC (AD)
....il court. For the reasons stated above, the appeal is allowed and the impugned proceeding pending against the appellants quashed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 240. ...... the case in rejecting the prayer for quashing of the proceeding. 4. The learned Advocate for the appellants has drawn our attention to the following facts which have been stated in the revisional application before the High Court Division and reiterated in the leave petition before this Division..Category: Criminal Law | Date: | Hits: 59
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....rring any appeal from the impugned judgment. She has not, admittedly, put up any contest to the issue which was decided by the High Court Division; therefore, she also cannot be permitted to open a fresh front in this appeal and challenge the findings which were not opposed. It is, however, unde......e documents in order to grab the suit property. Defendant No.4 claimed that she is the lawful owner of the suit property by way of auction purchase from the Court. On 31.12.87 defendant No.4 filed an application for adoption of the written statement of defendant No.1 which was allowed by the Court b..Category: Property Law | Date: | Hits: 95
National Board of Revenue & Ors. Vs. Al-Haj Mohammad Sufian , 2005, 34 CLC (AD)
.... No.4 to have been made without lawful authority and is of no legal effect and further directed the Taxes Settlement Commission (writ- respondent No.2) to hear the application Nos.830-834 of 1998 afresh in accordance with law affording reasonable opportunity to both the parties to represent the ......petitioner by the writ-respondent No.4 to have been made without lawful authority and is of no legal effect and further directed the Taxes Settlement Commission (writ- respondent No.2) to hear the application Nos.830-834 of 1998 afresh in accordance with law affording reasonable opportunity to b..Category: Fiscal/Taxation Law | Date: | Hits: 72
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......e tenants of the Waqf Estate, as such they do not come within the mischief of the provision of section 64(1) of the Ordinance and that the provision of section 64(1) of the Ordinance has no manner of application since the appellants neither trespassers nor strangers in the Waqf property and that the..Category: Trust/Waqf Law | Date: | Hits: 228
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......nd 2 are illegal, void and not binding upon the plaintiff (the last relief Was inserted in pursuant to the order of the Court dated November 19, 1988 allowing prayer for amendment of the plaint). The application seeking amendment of the plaint was filed on July 10, 1988. 3. The suit was filed by..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......emporary mandatory injunction directing the said defendants for stopping entry of all consignment of Birla Brand truck/non-truck tyres, LCV, Car tyres and other materials until the disposal of the application for the purpose. 2. The plaintiff filed the suit for declaration, inter alia, ..Category: Business or Commercial Law | Date: | Hits: 100
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ...... to send the suit on remand we do not like to embark upon the merits and de-merits of the submissions of the parties advanced before us. It appears that on 24.11.1996 plaintiff respondents filed an application under Order 1 rule 10 of the Code of Civil Procedure praying to implead the appellant ..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ...... the police department as well as from the said school since 9.6.84 to 31.07.91 without any authorization which is illegal and the excess money should be refunded and that on 11.1.1991 he filed an application to the Superintendent of Police of Mymensingh for retirement from service and due cours..Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
....ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ......expunging certain observations of Division Bench of the High Court Division in Criminal Appeal No. 13 of 1989 rejecting the prayer for bail of the appellants was considered with findings that further application for bail is not barred in case of rejection of the former application and the Vacation B..Category: Criminal Law | Date: | Hits: 55
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ......milla on a charge under sec. 19(1) of the Arms Act. Record of the case was received by the Special Tribunal on 2 August 1986, but the trial was not concluded till 6 August 1988, when he made an application to the Tribunal for stopping the proceeding and for releasing him as the specified time ..Category: Criminal Law | Date: | Hits: 58
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observation referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ......9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an application. In case of ‘proclamation’ of withdrawal of martial law, the case pending before the..Category: Criminal Law | Date: | Hits: 53
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