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Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 130. ...... faovur of the writ respondent No.9 the writ-respondent No.8 and whether writ-respondent No.9 or writ-petitioner has, the title to the said flat, the questions involved cannot be decided in a summary proceeding under writ jurisdiction; that there having been a gift by writ-respondent No.8 in faovur ..Category: Property Law | Date: | Hits: 26
Md. Abdur Rahim Vs. Md. Amirul Islam & others, 2007, 36 CLC (AD)
.... Advocate could not point out any new materials for review of the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 128. ......mption case was barred by the principle of waiver, estoppel and acquiescence but the High Court Division on consideration of the materials on record came to the definite findings that the pre-emption proceeding was not barred by the principle of estoppel, waiver and acquiescence. There was also no m..Category: Property Law | Date: | Hits: 20
Abul Hashem Vs. International Oil Mills Limited, 2009, 38 CLC (AD)
....es on premium to be paid and on other related matters. Civil Miscellaneous Petition is also disposed of in terms of this judgment. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 117. ......it petitioner in order to relinquish their liability to pay the due lease money and by paying the lease money up to 1994 the respondent No.1 escaped the eviction order passed against it in a criminal proceeding. 20. He further submits that the promise made by the respondent No.1 towards the w..Category: Property Law | Date: | Hits: 33
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
.... Division Bench of the High Court Division in Criminal Miscellaneous Case No. 174 of 2008 discharging the Rule arising out of an application under Section 561A of the Code of Criminal Procedure for quashing the proceedings in Sessions Case No. 1062 of 2006 arising out of C.R. Case No. 183 of 2006.......ch of the High Court Division in Criminal Miscellaneous Case No. 174 of 2008 discharging the Rule arising out of an application under Section 561A of the Code of Criminal Procedure for quashing the proceedings in Sessions Case No. 1062 of 2006 arising out of C.R. Case No. 183 of 2006. 2. Th..Category: Criminal Law | Date: | Hits: 34
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
......judgment and order dated 05.01.2009 passed by the High Court Division in Arbitration Case No.02 of 2006 setting aside the award dated 08.04.2006 passed by the Arbitration Tribunal in an arbitration proceeding held between the Saudi Arabian Airlines Corporation and M/S. Saudi Bangladesh Service Com..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......tion was filed by the complainant petitioner stating, inter alia, that since 60 days already expired from the date of writing to the authority for sanction but the sanction had not yet been received, proceeding should be started against the public servants also as after the expiry of 60 days it will..Category: Criminal Law | Date: | Hits: 46
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......ny provision of the Constitution should not readily be accepted by this Court. 19. In short, the main contention of Mr. Moudud Ahmed is that the petitioners are not challenging any parliamentary proceeding but there is a dispute which should have been referred to the Election Commission. 20...Category: Constitutional Law | Date: | Hits: 171
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......nt the Speaker disposed of the points of order by giving his ruling in Parliament on 21.4.98. The Speaker thus acted within his jurisdiction and the ruling delivered by him is very much a part of the proceeding of Parliament which cannot be questioned in any Court of law as per Article 78 of the Con..Category: Constitutional Law | Date: | Hits: 138
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......de alleging that the respondent and wife and members concealed their assets in the wealth statement and obtained those assets by illegal means. 10. Being aggrieved by and dissatisfied with the proceeding and judgment and order of conviction and sentence dated 14.05.2008 passed by the learned ..Category: Others | Date: | Hits: 106
Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)
....ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ...... provision of section 10(2) on the honest and concurrent user. 8. Although the respondent No. 1 engaged a lawyer to oppose registration of the impugned trade mark No. 21508 in class-30 he left the proceeding and the application was allowed to proceed to registration. As a matter of fact, the ..Category: Intellectual Property Law | Date: | Hits: 273
Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)
....ision which does not require any interference by this Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......ting the respondent No.1 from leaving Bangladesh the petitioner acted in violation of the Bangladesh Passport Order, 1973 (hereinafter referred to as the said Order). Moreover, there is no criminal proceeding pending against the respondent No.1 Further, the actions of the petitioner are violative ..Category: Others | Date: | Hits: 115
Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......lity in discharging the Rule with direction to proceed with the auction sale. 11. However if the entire outstanding dues has been paid in the meantime by the petitioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above obse..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and others , 2009, 38 CLC (AD)
.... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295....... the aforesaid writ petition and obtained rule Nisi calling upon the respondents to show cause why the order dated 6.7.2008 attaching the property of the petitioners by the Artha Rin Adalat and the proceeding of the execution proceeding in Artha Rin Execution Case No.471 of 2008 should not be decl..Category: Banking Law | Date: | Hits: 84
Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)
....e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......ation and Sub-Division of Holding Case No. 301 of 1987-88 and paid rents separately and got rent receipts. That further case of Pre-emptee-petitioner was that after purchase of land under Pre-emption proceeding the Pre-emptee-Petitioner caused much improvement on the purchased land and has excavated..Category: Property Law | Date: | Hits: 27
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......ing in question, and the holdings so passed in the plaintiff under section 20(3) with right to annual the incumbrances and that the true import of the Section (S.36) is that the sale in a certificate proceeding for non-service of notice under section 7 is valid against whole world for all times, and..Category: Property Law | Date: | Hits: 20
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....plaint and a decree for declaration that the settlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......e No. 35/69-70, Title Suit Nos. 27 of 1971 and 150 of 1972, Civil Revision Nos.315 and 1387 of 1977 and also of the withdrawals of the same on 29-1-1980 and 21-1-1980 which were referred in the above proceeding. The appellants are bona fide purchasers of the suit land for valuable consideration ..Category: Property Law | Date: | Hits: 29
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....he prosecution examined 17 witnesses out of 25 witnesses cited in the police report and the appellant thoroughly cross-examined them. It is at this stage the appellant came up with an application for quashing of the proceedings of the case before the High Court Division. The learned Judges of the Hi......Act, 2004 (V of 2004), sections 26 & 27 The expression ”Abuse of the process of the Court” as used in section 561A of the Code of Criminal Procedure, 1898 is generally applied to a case or proceeding which is wanting in bona fides and is frivolous or vexatious. The Inherent power of the H..Category: Anti-Corruption Laws | Date: | Hits: 195
Sohel alias Sanaullah alias Sohel Sanaullah Vs. State, 2008, 37 CLC (AD)
..... 329 of 2002 pending in the court of the learned Additional Sessions Judge, 7th Court, Dhaka be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 261. ...... paper book is dispensed with as prayed for. 25. Operation of the judgment and order of the High Court Division dated 11th November, 2007 passed in Criminal Appeal No. 2282 of 2004 and further proceeding of Sessions Case No. 329 of 2002 pending in the court of the learned Additional Sessions ..Category: Others | Date: | Hits: 83
Anowarul Huq Sabbir alias A.F.M. Anowarul Huq Sabhbir and another Vs. State, 2009, 38 CLC (AD)
....ected by the learned Judge and charge was framed as the Judge was satisfied that there is a prima facie case made out by the evidence on record. A co-accused early moved the High Court Division for quashing the proceeding and the Rule was discharged. The present petitioners also filed similar appl......ed 15.05.2006 filed Criminal Revision being No.859 of 2006 before the High Court Division under section 10(1A) of the Criminal Law Amendment Act, 1958 and obtained Rule and order of stay of further proceedings of said special case. 13. A Division Bench of the High Court Division by judgment..Category: Others | Date: | Hits: 82
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....il Petition for Leave to Appeal Nos. 94-95 of 2005 are also disposed of in terms of the judgment in this civil appeal. Ed. This case is also Reported in: VII (ADC) (2010) 206; 9 ADC (2012) 510. ......the suit property and against such auction sale the said Provabati Chatterjee through her constituted attorney Shaileswar Bhattacharjee instituted a suit for setting aside the exparte decree and that proceeding is still pending before another Court for disposal and the same is now sub-judice in Othe..Category: Tenancy Law | Date: | Hits: 185
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