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Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......the plaintiff got a notice from the Settlement Office of Tejgaon on 19-7-85 directing her to appear before the officer and that the plaintiff went there and came to know that defendant No. 1 filed an application for his name in place of her name of the suit property on the basis of certified copies ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ......he learned Judges also held that PW 12 Bidhu Bhuson Saha who saw the occurrence of killing Munir from his balcony made contradictory statement to the investigating-officer. This is really a total non application of judicial mind of the learned Judges to the evidence of PW 12. PW 12 said before the C..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......y;structive and the parties must be co-sharers, A co-sharer out of possession can not maintain a simple suit for partition. 19. The High Court Division found that the plaintiffs filed an application for amendment of the plaintiff by adding some persons after filing written statement by ..Category: Property Law | Date: | Hits: 76
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......een in jail custody and as such he was prevented from appearing on 17-8-72, when the suit was decreed ex parte. The appellants contested the case. It was once allowed ex parte on 2-11-77. But upon an application filed there against on 31-1-79 by the appellants under section 151 of the Code of Civil ..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......ter did not take any action until 20.03.1995 when he issued a letter fixing salami amount at Tk. 27,37,632/- without mentioning the basis of such fixation. The writ-petitioner then filed an application to the State Minister for land for payment of the said salami money by 10 installments a..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
.... the University authority vide notice dated 27.10.1998 and the letter dated 21.04.1999 issued by the University authority intimating the writ petitioner to appear at the M.Sc. final year examination afresh. 4. The High Court Division passed the judgment as aforesaid making the rule abso......s on the basis of mark sheets which were not genuine. Subsequent to the cancellation of the results of Honours and Masters examinations. Thereafter on 07.02.1999 the writ petitioner preferred an application to the Vice Chancellor praying implementation of the judgment and order dated 22.06.1998..Category: Constitutional Law | Date: | Hits: 154
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....n proper perspective and after assigning cogent reasons arrived at a correct conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......nt, it appears that their predecessor-in-interest transferred the suit land in favour of Uzir Mondal, the predecessor of the defendant on 11th Poush, 1353 B.S. orally. The Court while disposing of an application for temporary injunction filed by the plaintiffs held that unregistered document fi..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....e-emptor-respondent did not make any grievance that his aforesaid application was not disposed of. In such circumstance, the order of remand is not permissible to fill up the lacuna or to give a fresh chance to the pre-emptor-respondent to prove his case". 3. Fact...... by a Single Bench of the High Court Division in Civil Revision No. 372 of 1998 making the Rule absolute and thereby remanding the case to the appellate court below with a direction to dispose to the application dated 20-4-1995 and thereafter to dispose of the case according to law. 2. In thi..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
.... Rule with cost on a date not fixed for hearing of the Rule and the submission that the High Court Division erred in not construing the Assistant Administrator's letter dated 22.07.1999 as a fresh cause of action and in holding "writ petition is a device to side track a proper and lega......nd decree in Other Appeal No. 31 of 1994 and obtained an order of stay for a period of 6 months. 6. After obtaining the order of stay from the High Court Division the respondent No. 3 filed an application before the respondent No. 1 with the prayer for making necessary order in the light of t..Category: Property Law | Date: | Hits: 57
Md. Abdul Jalil Khan Vs. State, 2006, 35 CLC (AD)
....rit consideration. Moreover, the petition is also delayed by 444 days but the reasons for condonation of delay are far from satisfactory. The criminal petition is accordingly dismissed. Ed. ......titioner has been allowed bail by the learned Sessions Judge and the cases have been transferred to the learned Divisional Special Judge, Adamdighi, Rajshahi for trial. 3. The petitioner filed an application before the High Court Division under Section 561A of the Code of Criminal Procedure pray..Category: Anti-Corruption Laws | Date: | Hits: 94
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......ars. 4. The petitioner being aggrieved by the aforesaid judgment of the Tribunal did not file any appeal before the High Court Division and after the statutory period of limitation he filed an application under section 561A of the Code of Criminal Procedure and obtained rule. The learned..Category: Criminal Law | Date: | Hits: 89
Ali Akbor Khan Vs. State, 2006, 35 CLC (AD)
....ntitled to be discharged from the charge framed against him. 6. In the afore state of the matter we do not find any substance in this petition. Accordingly, the same is dismissed. Ed. ......-petitioner against the judgment and order dated 10th June, 1999 of a Division Bench of the High Court Division discharging the Rule obtained in Criminal Revision No. 529 of 1998. The revisional application under Section 439 of the Code of Criminal Procedure was filed against the order dated 22..Category: Criminal Law | Date: | Hits: 90
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ......pplied on 16.2.1995 to the writ respondent no. 1, the Member, National Board of Revenue, for necessary permission to import duplex board from South Korea, Who expressed inability to consider the said application without assigning any reason by letter no 2(12) Customs 8/90/1381 dated 9.3.1995. The re..Category: Fiscal/Taxation Law | Date: | Hits: 130
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......ferred an appeal being First Miscellaneous Appeal No. 82 of 1993 which was allowed by the judgment and order dated 4.4.1996 by the High Court Division. 4. In the case the respondent filed an application under section 16 and 31 of the Arbitration Act for setting aside the award stating, inte..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......me ASP's to the Post of Additional SPs and the Notification dated 14.12.1998 promoting the persons whose names appear in the said notification to the post of Assistant Superintendent of police. The application so filed seeking the relief of stay or injunction was rejected by the AT by the order ..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......but of no effect, and the suit property remained in illegal occupation of the said defendants; thereafter the present suit was filed; that during the pendency of the suit, the plaintiff filed an application in July, 1983 by way of remainder before the Sub-Divisional Officer, Sadar, Dhaka, a Pre..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......nd and directed for partition of the same as per prayer made in the plaint. 8. Being aggrieved by the judgment and decree of the lower appellate court the defendants preferred revisional application and obtained Rule. The learned Single Judge of the High Court Division ..Category: Property Law | Date: | Hits: 73
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......ccused petitioners moved the High Court Division under Section 561A of the Code of Criminal Procedure for quashing the proceeding. The learned Judges of the High Court Division rejected the application under Section 561A of the Code holding that the complaint petition disclosed the offence..Category: Procedural Law | Date: | Hits: 104
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....987. The plaintiff could not take delivery of the contracted goods owing to this unreasonable and adamant attitude of the defendant who forfeited the earnest money paid by the plaintiff and invited a fresh tender adding further conditions by a notice dated 01.10.1987 and thus sold out the contracted......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......bsp; Md. Ruhul Amin J. - This appeal is against the order dated December 6, 2000 of a Division Bench of the High Court Division in Writ Petition No. 4666 of 1999 rejecting the application filed by the writ Respondent No. 2 with the prayer for vacating the order staying operat..Category: Employment/Service Law | Date: | Hits: 109
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