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Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)
....to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ......f the land, he prayed for the pre-emption. 3. The petition was contested by the pre-emptee petitioners denying the material statements of the pre-emptor and adding that the pre-emption application was not maintainable. The trial court rejected the application for pre-emption while th..Category: Property Law | Date: | Hits: 35
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....icipated in the bids submitting quotations for the materials listed in 14 items and on 4 consecutive occasions the highest quoted price being not satisfactory 5th call was made by publishing a fresh tender notice on 22 October 2003 and the petitioner again submitted quotations and the t......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
....record of the Title Suit No. 77 of 1965 was called for by the High Court Division and after disposal of the civil revision the records were sent down. After receiving the records by the trial Court fresh summons was issued to the defendants and after receiving the service return date was fixed fo......d September 23, 1980 of the 1st Court of Subordinate Judge (now Joint District Judge), Barisal in Miscellaneous Case No.36 of 1979 dismissing the same. The Miscellaneous Case was registered upon an application filed under Order IX, rule 13 of the Code of Civil Procedure. The same was filed seeki..Category: Civil Law | Date: | Hits: 112
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......leb seeks leave to appeal against the judgment and order dated 12-2-2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 386 of 2005 rejecting in limine an application of the petitioner under section 561A of the Code of Criminal Procedure. 2. The c..Category: Criminal Law | Date: | Hits: 47
Kazi Md. Abdul Kuddus and another Vs. Kaimon Bewa and Others, 2006, 35 CLC (AD)
....rt was in error. 16. 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. ......plaintiffs in respect of the said premises in suit. We have already held in the facts and circumstances of the case provision of Order I, rule 12(2) of the Code of Civil Procedure has no manner of application in the suit in question. It has also been mentioned since plaintiff No. 9 is not taking..Category: Property Law | Date: | Hits: 46
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......ndant No.4 in favour of his wife Safatunnessa is a forged document and, as such, plaintiff has not acquired any title by purchase from Safatunnessa. At one stage of the suit defendant No.1 filed an application on November 21, 1966 under section 4 of the Partition Act (Act No. 4 of 1893) with the..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......nual General Meeting (AGM) of City Bank Ltd, the respondent No. 2, is to be held excluding the agenda regarding election of directors. 2. The respondent No.1, on 1st November 1994, filed an application under sections 81(2) and 85(3) of the Companies Act 1994, which was registered as Matte..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....eave to appeal registered as Criminal Petition for Leave to Appeal No. 444 of 2006 and Mr M Shamsul Alam learned Counsel representing him did not press the said Jail Petition in view of filing of the fresh petition for leave. 16. The learned Additional Sessions Judge, Jhalakati by judgment and ......othing to do and on my perusal of the impugned judgment no illegality is apparent therein to be interfered with, I am of the view that the provision of Article 31 of the Constitution has no manner of application in the instant case. In the result, I agree with the judgment and order of my learned..Category: Criminal Law | Date: | Hits: 213
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ......f the Constitution. In this connection Article 102 (2) reads as follows: "2. The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law — (a) on the application of any person aggrieved, make an order ………………………………………...Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
....ly. It is to be seen whether this principle may be extended to punishment of a public servant in a departmental proceeding which is also governed by law. Before that, it is to be determined whether a fresh departmental proceeding is at all barred after conclusion of an earlier proceeding on the same......the High Court Division rightly found a bar to its jurisdiction under Article 102 of the ConstituÂtion. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 199. ..Category: Constitutional Law | Date: | Hits: 159
Nizamuddin alias Nizamuddin (Md) & others Vs. State, 1990, 19 CLC (AD)
....order be forwarded to the Deputy RegÂistrar, Jessore Bench, for placing it before the Court as soon as the next Session begins there. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 183. ......¦â€¦â€¦â€¦â€¦â€¦.....Respondent Judgment February 7, 1990. Result: The interim bail will conÂtinue only for a further period of four months from date or till disposal of the revisional application, whichever is earlier. Bail matter Interim bail should not continue for indefinite..Category: Criminal Law | Date: | Hits: 40
Laizu Begum and others Vs. Election Commission and others, 1989, 18 CLC (AD)
....1), the Returning Officer shall— (a) immediately report the circumstances to the Election Commission; (b) appoint, as soon as may be, with the approval of the Election Commission, a day for a fresh poll; and (c) fix a place or places at which and the hours during which such fresh poll sha......ated, as has been rightly pointed out by the High Court Division. In the result, the appeals are dismissed. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 180...Category: Election Law | Date: | Hits: 163
Commissioner of TaxÂes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are afÂfirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......s such no notification under such law can control the sub-constitutional legislation. In that view of the matter there is no hesitation in saying that the notification dated 18.12.76 has no manner of application in the case of the Judges of the Supreme Court and the Deputy Commissioner of Taxes had ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Moslehuddin (Md) Vs. State, 1990, 19 CLC (AD)
.... may be necessary but having all the materials on record not deciding the appeal on merit due to some omissions in the judgement, cannot be a valid ground for sending the case on demand for writing a fresh judgement. Hence the appeal is allowed with direction to dispose of the appeal on hearing by a......de. Let the appeal be heard afresh and disposed of by the competent Bench of the High Court Division in accordance with law. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 142 & 160. ..Category: Criminal Law | Date: | Hits: 52
Anwar Hossain Bhuiyan Vs. Shaikh Moslem Ali, 1990, 19 CLC (AD)
....t to this direction the appeal is disposed of and the impugned order of the High Court Division is modified accordingly. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 158. ......with interest. The decree has been challenged in the first appeal. In the meanÂtime respondent filed Money Execution Case No. 19 of 1989 for realisation of the decretal amount. The appellant made an application for staying further proÂceeding of this execution case; but the learned Judges of the H..Category: Civil Law | Date: | Hits: 117
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......f. Hence on all counts we find that the imÂpugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ..Category: Tenancy Law | Date: | Hits: 169
Zaker Hossain Vs. Abdur Rahim and OthÂers, 1989, 18 CLC (AD)
....ded up to date) Art. 102 Election Commission may direct re-poll, or accept the result of a poll though disputed by some candidates. Election Commission’s approval or concurrence is necessary for fresh election if directed by the Returning Officers. Writ jurisdiction is not available in respect ...... available by way of election petition before the Tribunal. In the circumÂstances, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 153. ..Category: Election Law | Date: | Hits: 152
Government of Bangladesh & ors. Vs. Md. Hasan Shahid & ors., 2006, 35 CLC (AD)
.... budget after completion of the project. This is done purely on the necessity of potentiality and fund availability of the Government and in this case the project was taken afresh in the 2nd phase. 22. Lastly he submits that the writ petitioners were purely employee...... There is delay of eight days in filing Civil Petition for leave to Appeal No.58 of 2005 which is condoned. 11. The respondents in Civil petition for leave to appeal No. 989 of 2005 in their application under article 102 of the Constitution stated that theywere in the se..Category: Employment/Service Law | Date: | Hits: 56
Divisional Forest Officer, Dhaka Forest Division Vs. Zahid Maleque and another, 2005, 34 CLC (AD)
....fore, granted to consider the same. Preparation of paper book is dispensed with prayed for. The parties are directed to maintain status-quo till disposal of the appeal. Ed. ......02 in the 1st Court of Joint District Judge, Gazipur praying for declaration that the judgment and decree to Title Suit No. 298 of 1980 was not binding upon the plaintiffs. They also filed an application on 19.11.2002 under order 39, Rule1 read with section 151 of the Code of Civil Procedur..Category: Property Law | Date: | Hits: 48
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
.... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ......Sarwar, the writ petitioner filed this petition for leave against order dated 14th December 2004 passed by a Division Bench of the High Court Division in Writ Petition No. 2709 of 2003 allowing an application of the respondent No.53 and thereby discharging the Rule. 2. The facts, in short..Category: Employment/Service Law | Date: | Hits: 80
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