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Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......ation being G. D. No. 1194 dated 17.10.2001. Thereafter the accused respondent and other co accused were very furious and started to threaten them again. Therefore the informant petitioner filed an application for cancellation of his bail stating all the relevant facts and grounds before the..Category: Criminal Law | Date: | Hits: 31
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....al remedy and no useful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ......ber (Appeal) of the Board by a judgment and order dated 27-9-90 affirmed the order passed by the Collector of costumes but reduced the redemption fine to Tk. 1 lac. The appellant filed a revisional application before the Secretary, Ministry of Finance, Internal. Resources Division on 15-12-90 un..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......he power under section 151 of the code of Civil Procedure when exercise of power under section 144 was not possible and that the respondent with malafide intention suppressed the facts in the application for restoration of possession. We find no merit in the submissions of the learned couns..Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
.... Management to submit to the Board a memo proposing criteria in the light of recommendations made in the 241st Board Meeting in the sprit of BRPD circular of Bangladesh Bank and accordingly a fresh memo proposing some amendments in the promotion criteria was submitted to the 267th meeting h...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ..Category: Employment/Service Law | Date: | Hits: 81
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......is relative's house in the morning. The informant and the neighbours suspected that the dead body was that of the daughter of the condemned prisoner Mukter Hossain. On the basis of the written application initially an GD Case No. 14 of 1995 was registered with the Ghior Police Station. Sub-..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......has possession by evicting the defendants on removing obstructions. The defendants appeared and tiled written statement opposing the claim of the plaintiffs. The plaintiffs thereafter filed an application under Order VI, rule 17 of the Code of Civil Procedure for amendment of the plaint..Category: Property Law | Date: | Hits: 39
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......ent dates but the defendant did not appear and the suit was ultimately decreed ex-partes for Taka 6,50,30,034.18 to be paid within 90 days with interest @ 14% from 1-4-1997. The defendant filed an application under section 151 of the Code of Civil Procedure against the ex-parte decree but the tr..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....and disposed of in accordance with the provisions of 1985 Rules, but this does not mean that if no proceedings under the 1984 Rules were pending at the commencement of 1985 Rules then no fresh proceedings can be taken under 1985 Rules against a Government servant. The Appellate Tribuna......l on 16-7-86 without preferring an appeal against the order of dismissal. The filing of an appeal is mandatory as the first proviso to section 4(2) of the said Act provides that "no application in respect of an order, decision or action which can be set aside, varied or modified b..Category: Criminal Law | Date: | Hits: 33
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......ng a statement as to charging rate of interest by the respondent No. 1 from the appellant during 3-3-1989 to 24-11-1996. 3. The respondent No. 2, Artha Rin Adalat, rejected this application by order dated 23-8-1999. Against that order the appellant filed the aforesaid writ pet..Category: Banking Law | Date: | Hits: 157
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......oner and the case is pending for trial and in the meantime 4 (four) witnesses have been examined. 3. Challenging the aforesaid proceeding, the petitioner moved the High Court Division by filing an application under Section 561A of the Code of Criminal Procedure and the Rule obtained in aforesaid ..Category: Criminal Law | Date: | Hits: 92
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......rit Petition No.7189 of 2005, also making the Rule absolute in Writ Petition No.7569 of 2005: and discharging the Rule in Writ Petition No.4078 of 2005. 2.The facts, in short, are that on an application under Article 102 of the Constitution in Writ Petition No. 7569 of 2005 a Rule Nisi wa..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ...... and management of the suit properties requested the defendants for partition but they having refused, he had to institute the instant Suit. Subsequently, on 13.11.2002, the plaintiff also filed an application under Order 40 Rule 1 read with section 151 CPC for appointment of receiver for the su..Category: Property Law | Date: | Hits: 36
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ......urt Division in Civil Petition No.3656 of 2003). Judgment Mohammad Fazlul Karim J.- This application under Article 103 of the Constitution of the People's Republic of Bangladesh seeking Le..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ...... the suit by restoring the plaintiff into the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..Category: Property Law | Date: | Hits: 51
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......ay 2, 2005 and thereupon he moved the High Court Division in revisional jurisdiction as against the judgment and order of the appellate Court i.e. order dated May 14, 2000. 7. The revisional application so filed was out of time by 1710 days. The petitioner filed an application seeking cond..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......Estate. Remaining .35 acre was recorded in the name of plaintiff Obaidul Islam. Subsequently the suit property was recorded under R.S. plot Nos. 1207, 1208, 1209 and 1210 of R.S. Khatian No.202. Upon application of the plaintiff R.S. plot No.1210 was separated from the R.S. Khatian and .33 acre was ..Category: Property Law | Date: | Hits: 75
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....they have been holding the appointment as alternate directors for the original directors since 1997 on the basis of letter issued in the year 1997 (Annexure-X, XI, X2 & X3). Since there was no fresh nomination from the original directors in favour of the appellants after their election as di......r, 2001 passed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction upon the respondents to serve notice of Board meeting to the appellants-D..Category: Business or Commercial Law | Date: | Hits: 147
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
....ent findings of the trial Court as well as the appellate Court except on the ground, enumerated in section 115 of the Code of Civil Procedure and cannot superimpose itself as a third court for fresh appreciation of evidence. Moreover, as held in the case of Mohammad Yeasin Khan vs. Deputy C...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......s the same is under process. He further submits that in LA Case No. 55 of 1968-69 the property was requisitioned for the purpose of permanent acquisition. The learned Deputy Attorney-General filed an application dated 9-7-2005 annexing some additional papers to show that there is a proposal for cons..Category: Property Law | Date: | Hits: 46
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ection and prayed for cancellation of the un-contested election, for a direction upon the Returning Officer to accept his nomination paper and also for a mandatory injunction for holding an election afresh. The plaintiff-respondent simultaneously filed an application for temporary mandatory injunc......ent. In that case the plaintiff feeling aggrieved by an order of assessment made by the Assistant Collector preferred an appeal to the Collector who dismissed his appeal. He then filed a revisional application before the Central Government, who, however, did not interfere with the Collector's ..Category: Election Law | Date: | Hits: 173
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