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Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
.... which he was legally entitled to and as such, he submitted an application before respondent No. 1 on 12.2.1994 which was illegally rejected by an order dated 3.3.1994 on the ground that there was no scope for grant of pension benefit to work-charged employees under a project. 4. The respondent ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..Category: Administrative Law | Date: | Hits: 136
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....gh Court shall examine the charge sheet to ascertain as to whether the allegations made therein constitute a criminal offence. But before cognizance is taken by appropriate Court, there is hardly any scope for saying that charge sheet would lead to abuse of the process of the Court, because the cour......rate, after receiving the charge sheet on 14.2.2000, the Court of Magistrate on the prayer of the prosecution issued warrant against all the accuseds and then on different dates the accuseds obtained bail and then the case was sent to the Senior Metropolitan Special Judge, Dhaka who registered it as..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
....vidence that Md. Shafin was present in Bangladesh after the 25th March, 1971 and moreover till the date of judgment i.e. 10.11.1993, there was also no trace of him. 8. It further appears that the scope of certiorari applying which the High Court Division made the Rule absolute is very limited an......r dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993 is set aside. There is no order as to costs. Ed. This Case is also Reported in: 2008 (XVI) BLT (AD) 60. ..Category: Property Law | Date: | Hits: 28
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....afa Ali Mridha and others, 48 DLR 193 the High Court Division took similar view holding that after the repeal of Vested and Non-Resident Property Ordinance vide Ordinances No. 92 of 1976 there was no scope for Starting any VP case under the provisions of the aforesaid law afresh and if any proceedin......all stages. The respondents are directed to comply the court's order within 4(four) months from receipt of the judgment Ed. This Case is also Reported in: II ADC (2005) 506; 16 BLT (AD)(2008)5. ..Category: Property Law | Date: | Hits: 40
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....gh Court Division committed illegality in directing the lower appellate court to take further evidence as to the matters as mentioned in its order keeping the judgment reserved, which is beyond the scope of law. 6. We have heard Mr. Md. Rafiqul Islam, the learned Counsel for the appellant......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ..Category: Property Law | Date: | Hits: 106
Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)
....s misconceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ......nd proceeded as per provisions of Section 339-B(2) of the Code of Criminal Procedure and fixed 09.05.2002 for examination of witnesses. Thereafter the accused persons appeared and were enlarged on bail. The accused persons subsequently filed an application seeking their discharge under section 2..Category: Criminal Law | Date: | Hits: 42
Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)
....rae Centre, 75, Mohakhali, Dhaka-1212. Both the SABINCO and Dutch Bangla Bank Ltd. released the personal guarantee of the writ petitioner applicants and in such view of the matter there is no scope to include the names of the applicants in the CIB report on account of Meghna PET Industries ......the application for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ..Category: Banking Law | Date: | Hits: 103
Sultan Ahmed & others Vs. Md. Munsur Ali & another, 2007, 36 CLC (AD)
....t Division also held that the trial Court correctly sifted the evidence on record and found exclusive possession of the plaintiffs in the suit land. But the appellate Court erred in considering the scope of a suit for permanent injunction as the appellate Court observed that since the question of......cord arrived at a correct decision. There is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 359. ..Category: Property Law | Date: | Hits: 30
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
....id application holding that since the mortgaged property was auction sold by the bank and since the execution case was disposed of finally the court became functus officio and as such there was no scope to allow the application under sections 49(2), 44 and 57 of the Artha Rin Adalat Ain, 2003 fo...... correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 356. ..Category: Civil Law | Date: | Hits: 94
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....espondent No.1 to release the property from the list of vested property; consequently writ-respondent No.1 obtained legal opinion from the law officer who gave report with a comment that there was no scope to enlist any property a vested property in the year of 1997 by the ADC (Rev), Dhaka. The writ......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7...Category: Property Law | Date: | Hits: 33
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....itions of the lease deed and that the respondent No.1 also failed to prove his case, allowed the appeal in a slipshod and perfunctory manner and the High Court Division also has misinterpreted the scope, object and purpose of section 106 of the Transfer of Property Act, 1882 causing complete mis......firmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 262. ..Category: Property Law | Date: | Hits: 27
Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan and another, 2008, 37 CLC (AD)
....petition case No. 515 of 2001 under section 138 of the Negotiable Instruments Act, 1881 shall continue. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 195; 9 BLC (AD) 177; 9 MLR (AD) 299 ......ayment but still no payment being made the complaint was filed on 22-4-2001 and the learned Chief Metropolitan Magistrate took cognisance and the accused appeared before the court and was released on bail and thus the proceeding being started the accused filed an application under section 241A of ..Category: Criminal Law | Date: | Hits: 67
Abdul Kader Mirza and others. Vs. Bangladesh and others, 2007, 36 CLC (AD)
....ive of the fundamental rights guaranteed under Articles 27, 31, 32 and 35 of the Constitution of the People's Republic of Bangladesh, and the same was issued with the ill motive and purpose to create scope to "pick and choose" policy against the accused for transferring Companigonj Police Station Ca......resent ruling party ignoring and disregarding the provisions of the Constitution, Petitioners are facing the legal consequences of the case by way effacing the trial and enjoying the privilege of bail but respondents violating the Constitutional provision provided under Article 35 of the Constit..Category: Criminal Law | Date: | Hits: 59
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....ry, the registration of trade mark fraudulently obtained by the respondent is liable to be rectified under section 46 of the said Act. The respondent never used its trade mark and thus there is no scope to deceive or confuse the consumer and, as such, section 8(a) and 10 have no manner of applic......nt is liable to be rectified. It was stated that the respondent is required to produce the originals of all the annexures to the application and prove the same in accordance with law. ..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....e statutory corporation has been settled by this Court in the case of BSI Corporation Vs. Mahbub Hossain reported in 29 DLR (SC) 41. 27. It appears that the High Court Division has considered the scope and ambit of Regulation 55(2) of BADC Service Regulations, 1990 and held as under: "The af......plication of mind and was rightly declared illegal. We do not find any merit in these appeals which are accordingly, dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 152. ..Category: Employment/Service Law | Date: | Hits: 105
State Vs. Nur Husain alias Hiron, 2006, 35 CLC (AD)
....error. The Special Tribunal is directed to release the Respondent Nur Husain alias Hiron on bail to its satisfaction. Ed. This Case is also Reported in: 4 LG (2007) AD, 45. ......provision of the Penal Code to take cognizance of the offence in accordance with law and then to send the case record for trial to the appropriate Court. Section 489C of the Penal Code is a bailable offence and in that view of the matter. We direct the learned Magistrate to admi..Category: Criminal Law | Date: | Hits: 38
Anti Corruption Commission Vs. Syed Tanveer Ahmed and another, 2008, 37 CLC (AD)
....xpeditiously. The petition for leave to appeal is, accordingly, disposed of. Ed. This Case is also Reported in: V ADC (2008) 383; 16 BLT (AD) 2008, 220. ......bsp; This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the order dated 13th November 2007 passed by the High Court Division granting bail of the Respondent-writ-petitioners. 2. The writ-petitioner No.1 alleged that he has suf..Category: Others | Date: | Hits: 84
State Vs. Ratan Khan and others, 2007, 36 CLC (AD)
....reliable and cogent evidence against them, the High Court Division rightly acquitted them. Criminal Appeal No. 43 of 2000 is thus dismissed. Ed. This Case is also Reported in: V ADC (2008) 439. ......minal Appeal No.44 of 2000 so far same relates to Azahar Mridha accordingly allowed in part. 17. Respondent No.2 Azahar Mridha, Son of Ali Mridha @ Ali Ahmed Mridha is directed to surrender to his bail bond to serve out the remaining period of sentence. 18. We have carefully examined the evi..Category: Criminal Law | Date: | Hits: 26
KM Zahirul Haque Vs. Shahida Khanam and others, 2006, 35 CLC (AD)
....te Court placing reliance on the observation of this Court as quoted hereinbefore in the case reported in 39 DLR (AD) 46. In the said case primarily point of law came up for consideration was the scope of sections 39 and 42 of the Specific Relief Act or, in other words, what the provisions......ons made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 65. ..Category: Property Law | Date: | Hits: 31
Manirunnessa Khanam and another Vs. Syed Madassir Ali and another, 2006, 35 CLC (AD)
....also against the judgment dated 6-11-1991 by which the learned District Judge, Sylhet in the same miscellaneous case refused to reconsider his order dated 26-10-1991 on the ground that there was no scope for revising the above order. 2. The petitioners filed the above miscellaneous case c......ived at the correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: 12 BLC (AD)(2007) 25. ..Category: Trust/Waqf Law | Date: | Hits: 199
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