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Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
.... with the said S.T. Case No. 381 of 1999 from the stage at which it was stayed by the High Court Division. The appeal is therefore allowed. Ed. This Case is also Reported in: 16 BLT (AD) 24. ......ellant filed a Naraji Petition on 8.7.1995. The learned Chief Metropolitan Magistrate by his order dated 13.9.1995 sent the Naraji petition to Mr. M. U. Khandaker, Metropolitan Magistrate, for taking action under section 200 of the Code of Criminal Procedure and for holding judicial inquiry under se..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....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. ......, succeeded in making contact with the respondent No. 2 over telephone who then informed Mr. Hossain that he passed the impugned order dated 29.7.99 as the land in question is vested property and the action of eviction was taken pursuant to his order and then Mr. Hossain by meeting the respondent No..Category: Property Law | Date: | Hits: 40
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......ection 115(1) of the Code of Civil Procedure. Learned Advocate-on-Record further argued that the Courts below upon consideration of averments made in the plaint and the cause of action for the suit and the evidence lead by the plaintiffs in support of the plaint case righ..Category: Property Law | Date: | Hits: 21
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....sider it in accordance with law. With the aforesaid observations the appeal stands dismissed. The parties do bear their respective costs. Ed. This Case is also Reported in: V ADC (2008) 588. ......gistration to carry on the business of general insurance. 3. The appellant then filed the writ petition and a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned action of failing to issue a permission letter in respect of the registration of the Agrani Insura..Category: Business or Commercial Law | Date: | Hits: 81
Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)
....mpugned judgment and order is hereby affirmed. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 565. ......inding that the suit was bad for defect of parties and accordingly, dismissed the suit. 9. Mr. Abdus Salam Khan, learned Counsel, appearing for the appellant submitted that the cause of action of filing the suit arose on 30.06.1989 when the defendant issued a notice for removal ..Category: Property Law | Date: | Hits: 22
Sk. Mohiuddin Vs. Joint District Judge and Artha Rin Adalat No. 3, Dhaka & ors, 2008, 37 CLC (AD)
.... 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. ......ha Rin Adalat Ain, 2003 in favour of the decree-holder bank is only for possession and enjoyment of the mortgaged property and it did not mean final disposal of the execution case for which further action for disposal of the suit property is necessary under section 33(7) of the said Act, but the ..Category: Civil Law | Date: | Hits: 94
Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)
....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.......d that the Government made several enquiries into the matter by its officers and their reports supported the writ-petitioners' case inspite of the fact that the writ-respondents refrained from taking action against the illegal occupants, police personnel for evict ion from the case property. The Hig..Category: Property Law | Date: | Hits: 33
Mohammad Iqbal Ahmed Bhuiyan Vs. Sultan Mahmud Chowdhury, 2007, 36 CLC (AD)
....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. ...... dated 11.9.93 regarding the cancellation of the lease of the suit plot, decision was already taken on 8.4.93 to give the above plot to the petitioner which shows absence of good faith and when any action is actuated not by good faith but otherwise, the same must be held to be malafide. 8...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 ......the petitioner submitted that the finding of this Court to the effect that in view of the non disclosure of the date as to receipt of notice by the accused and failure to mention any legal cause of action in the petition of complaint the proceeding cannot be allowed to continue is an error appar..Category: Criminal Law | Date: | Hits: 67
Unilac Sanowara (BD) Ltd. Vs. Bonlac Foods Limited and another, 2008, 37 CLC (AD)
....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. ......he products of the appellant in Bangladesh and prepared a report on the basis of such survey where he acknowledged that trade mark has been obtained by appellant. So the respondent has no cause of action to file the present petition. In fact, this is a frivolous gambling in litigation. The afore..Category: Intellectual Property Law | Date: | Hits: 245
BADC and another Vs. Md. Shamsul Haque Mazumder and 27 others, 2008, 37 CLC (AD)
....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. ......ial Meeting dated 26-10-2000 to reduce the manpower has got no legal basis and those being issued without amending the service rules are contrary to service regulation and the rules and, as such, the action of the writ respondents in discharging the writ petitioners under the ’পদায়ন’..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. ......iew of the matter, in exercise of inherent powers we direct the Special Tribunal No. 1 Laxmipur to transmit the case record to the learned Magistrate Cognizance Court for taking necessary action in the matter for ends of justice. We direct the learned Magistrate Cognizance Court Laxmipu..Category: Criminal Law | Date: | Hits: 38
State Vs. Liaquat Hossain @ Liaqut, 2007, 36 CLC (AD)
....to serve out the remaining sentences, if any, failing which the Deputy Commissioner, Dhaka shall, secure his arrest as per law. Ed. This Case is also Reported in: V ADC (2008) 446. ......admitted their signature on the seizure list. The aforesaid seizure list witnesses deposed on dock that the police took their signature on the seizure list by force but they did not take any legal action for the same. They admitted that they are members of Sabujsangha Club and the accused-r..Category: Criminal Law | Date: | Hits: 24
Afzal Ahmed and others Vs. Ayesha Khatun and others, 2007, 36 CLC (AD)
....e we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: V ADC (2008) 402. ...... in this plot by practising fraud upon the L.A. Officer and on misleading of facts to. withdraw award money in L.A. Case No.138 of 1967-68 and as such, the plaintiff-petitioner's cause of action arose for the instant suit on 26.03.1976 when they for the first time came to know about the..Category: Property Law | Date: | Hits: 25
Kulsum Bibi & others Vs. Deputy Commissioner, Magura and others, 2006, 35 CLC (AD)
.... arrived at a 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) 92. ......e) had no authority to cancel the said corrected records by a mere Administrative Order dated 15-1-1987 without taking any steps for setting aside the aforesaid decrees; the issue, nature, cause of action and the parties in the three suits as stated above and the present suit i.e. Title Suit No. ..Category: Property Law | Date: | Hits: 28
RAJUK Vs. Jamuna Builders Ltd. and another, 2007, 36 CLC (AD)
....We, therefore, do not find any substance in the petition. In view of the discussion made above, the petition stands dismissed. Ed. This Case is also Reported in: 12 BLC (AD) (2007) 84. ......er to stop the construction work and further directed to remove the construction within 7 days and further warned the petitioner to the effect that since the construction is unauthorised proper action will be taken for removing the unauthorised construction under section (sic) of the Act. To..Category: Property Law | Date: | Hits: 27
Md. Shahidur Islam and others Vs. Md. Habibur Rahman and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioner. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 289. ......not cancelled and the possession of the suit land is not restored the plaintiffs shall suffer irreparable loss and injury and under the circumstances, have instituted the suit and the cause of action arose on 25.02.1988 when the plaintiff obtained the certified copy of the forged deed and p..Category: Property Law | Date: | Hits: 24
Matiar Rahman Vs. Assist Custodian of Enemy Property Lands & Buildings, Bakerganj, 2007, 36 CLC (AD)
....allowed, but from which no appeal has been preferred. (b) by a decree or order from which no appeal is allowed, or (c) by a decision on a reference from a Court of Small Causes, and who, from the discovery of new and important matter or evidence which, after the......cation and thereby in allowing the respondent to brought on record the fact which could have been brought on record at the time of trial as well as at the time of hearing of the appeal and thus the action of the High Court Division as well as of the appellate Court in the name of the re-hear..Category: Property Law | Date: | Hits: 34
Md. Rezaul Karim Vs. State, 2007, 36 CLC (AD)
....ect decision. There is, therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 266. ......No. 3196 of 2005 issued in Criminal Appeal No. 3128 of 2004 against the petitioner, the Investigating Officer in the case, Md. Rezaul Karim, making the Rule absolute directing for taking stern action against him. 2. Short fact leading to the filing of the leave petition is that the in..Category: Criminal Law | Date: | Hits: 38
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....y;stance in this petition and find no other alternative but to dismiss the same. In the result, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 258. ......ence materials which are still not part of the record of the High Court Division. As to whether the accused-petitioners were negligent of their duties or they acted beyond their duty and their action had ultimately taken away the life of child in the womb of the informant opposite-party No.2..Category: Criminal Law | Date: | Hits: 42
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