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Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)

....find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ......these two petitions, filed an application under Article 33 of the Bangladesh Shilpa Rin Sangstha Order, 1972 (President's Order No. 128 of 1972) against the respondents in the Court of the District Judge, Dhaka, being Miscellaneous Case No. 140 of 1977 for sale of the schedule properties for rea..

Category: Banking Law | Date: | Hits: 125

Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)

....d to his case. Subject to the observations made above, the Petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 37   ...... 1993). Judgment:                       Shahabuddin Ahmed CJ.- Petitioner, a retired Judge of the High Court Division of the Supreme Court, was appointed Chairman of the Settlement Cou..

Category: Employment/Service Law | Date: | Hits: 73

Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)

....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17   ......nbsp;                  Shahabuddin Ahmed J.- This appeal by special leave is from an order of acquittal passed by a Single Judge of the High Court Division on April 12,1979 in Criminal Appeal No. 48 of 1979. 2. Accu..

Category: Criminal Law | Date: | Hits: 61

Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)

....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......ned by expediency and established by practice that a separate application is necessary to be filed for condonation of delay………………………..(9) (ii) The order of the learned District Judge admitting the time barred appeal was apparently bad but the learned Judge of the High Court Di..

Category: Procedural Law | Date: | Hits: 121

Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)

....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......ffidavit‑in­-opposition filed by the appellant in the High Court Division. 7. Being aggrieved by the order of the Chief Metropolitan Magistrate dated 13.9.92, the appellant went to the Sessions Judge Dhaka in revision, Criminal Revision No. 329 of 1992, who, by his judgment and order dated 4.1..

Category: Criminal Law | Date: | Hits: 68

Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)

....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9   ......nd further claiming that the petitioner obtained an ex parte decree on 11.4.83 in a suit for specific performance of contract, namely, Title Suit No. 1441 of 1981 from the 4th Court of Subordinate Judge, Dhaka against the said Dr. Sadrul Hasan and that the petitioner obtained a deed of sale thro..

Category: Property Law | Date: | Hits: 77

Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)

....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......dated July 23, 1996 of the High Court Division in Civil Revision No. 1835 of 1994 making absolute the Rule obtained against the judgment and decree dated February 24, 1994 of the Court of District Judge, Gopalganj in Title Appeal No. 24 of 1992 reversing the judgment and decree dated March 7, 19..

Category: Property Law | Date: | Hits: 59

Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)

....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......eemptor respondents initiated a preemption proceeding, being Miscellaneous Case No. 56 of 1990 for pre-emption under section 96 of the State Acquisition and Tenancy Act in the Court of Subordinate Judge, 2nd Court, at Chittagong on 20-8-1990. 3. The preemptor respondents claimed themsel..

Category: Property Law | Date: | Hits: 68

Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)

....tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ...... 6-6-2000 passed in Civil Revision No. 1502 of 1994 by a single Bench of the High Court Division discharging the Rule and affirming the judgment and decree dated 7-3-1994 by the learned Subordinate Judge, Munshiganj in Title, Appeal No. 36 of 1991 reversing those of the learned Assistant, Judge, ..

Category: Property Law | Date: | Hits: 43

Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)

....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ...... to Appeal No. 1405 of 2002. Judgment      Abu Sayeed Ahammed J.- Petitioners seek leave to appeal against the judgment and order dated 12-5-2002 of a Company Judge of the High Court Division passed in Company Matter No. 5 of 1995 arising under section 233 o..

Category: Business or Commercial Law | Date: | Hits: 86

Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)

.... question. All the appeals are therefore, allowed. There is no order as to costs. The connected civil petition is disposed of in the light of the Judgment in the appeals. Ed. ......ted the Rule by filing affidavit-in-opposition in Writ Petition No. 2746 of 1997 taking the stand as taken by Mr. Anwar Hossain. 9. A Division Bench heard the writ petitions and gave split Judgements. Md. Joynul Abedin J, discharged the Rules in all the writ petitions while Abdus Salam ..

Category: Civil Law | Date: | Hits: 103

Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)

....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......Code of Civil Procedure in Civil Order No. 2917 of 2004 impugning the judgment and order dated 2 1 -9-2004 in Civil Revision No. 3 of 2004 passed in Other Suit No. 70 of 2003 by the Joint District Judge, Second Court, Chittagong. 2. The plaintiff-respondent No. 1 filed the suit for decla..

Category: Civil Law | Date: | Hits: 91

Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)

.... the  official(s)  who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......y the High Court Division in Civil Revision No. 758 of 1992 discharging the Rule. The above civil revision was filed calling in question the order dated 5-10-1991 passed by the learned Subordinate Judge (now Joint District Judge), First Court Dhaka in Money Execution Case No.5 of 1979, rejecting..

Category: Civil Law | Date: | Hits: 104

Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)

.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......le Bench of the High Court Division in Civil Revision No. 4097 of 1996 making the Rule absolute obtained against the judgment and order dated September 30, 1996 of the Court of Additional District Judge, Bagerhat in Miscellaneous Appeal No. 41 of 1985 allowing the same upon reversing the judgmen..

Category: Property Law | Date: | Hits: 67

Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)

..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed.   ......7 of a Single Bench of the High Court Division in Civil Revision No. 343 of 1995 discharging the Rule obtained against the judgment and order dated October 22, 1994 of the 2nd Court of Subordinate Judge (now Joint District Judge), Narsingdi in Miscellaneous Appeal (preemption) No. 16 of 1994 all..

Category: Property Law | Date: | Hits: 70

Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)

....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ...... The Code of Civil Procedure, 1908 (V of 1908), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evide..

Category: Property Law | Date: | Hits: 51

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)

....ed Unnecessarily which we disapprove. 14.  In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ....................................Respondents Judgment May 2, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the mandatory provision of law. The High Court..

Category: Civil Law | Date: | Hits: 95

Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)

....itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed.......te on 13-10-1993. 5. The petitioner, a third party, after coming to know about the ex parte decree in Title Suit No. 98 of 1985 preferred Other Appeal No. 555 of 1983 in the Court of the District Judge, Chittagong as he was not impleaded in the suit though he was in possession of the petrol pump..

Category: Tenancy Law | Date: | Hits: 72

Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)

....im earlier. The appeal is, accordingly, dismissed without any order as to costs.                Ed. ......ivil Revision No. 559 of 1997 making the Rule absolute. 2.  Short facts are that the respondent No.1 filed Miscellaneous Case No. 394 of 1978 in the 2nd Court of Munsif (now Assistant Judge), Gaibandha praying for pre-emption of the case land under section 96 of the State Acquisitio..

Category: Property Law | Date: | Hits: 64

Shahudul Haque, IG Police and others Vs. State, 2006, 35 CLC (AD)

....the unqualified apology and to censure the appellants in modifying of the sentence imposed on them. The appeals are, accordingly, dismissed without any order as to costs. Ed. ......ional apology but they did not promise that they would never repeat the forbidden act. It was devoid of remorse as well. The contemners by casting doubt about the flag of the Supreme Court and the Judge concerned carrying the flag on his car, and even going to the indifference and sought to humi..

Category: Criminal Law | Date: | Hits: 64