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Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ......rnment of Bangladesh and the Government of Bangladesh shall be deemed to be substituted for the government of Pakistan or, as the case may be, the Government of East Pakistan as a party to such proceedings. (2) The Government of Bangladesh may, at any time before the final hearing..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
.... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
....ainable against her and the appeal must fail. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 367. ......ted upon and the same was created to defeat the right of pre-emption of the appellant. Secondly, whether the pre-emtee was a co-sharer in the holding otherwise than by purchase, and the pre-emtion proceeding would fail as it sought for a partition of the holding in respect which pre-emtee happen..Category: Property Law | Date: | Hits: 33
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ivision is set aside. The plaint of Title Suit No. 152 of 1997 of the Court of the Senior Assistant Judge, Rajbari stands rejected. Ed. This Case is also Reported in: II ADC (2005) 253. ......ppellants filed an application under Order 7 Rule 11 of the Code of Civil Procedure praying to reject the plaint since the subject matter of the suit was directly and substantially an issue in the proceeding between the said parties and was heard and decided by the High Court Division against w..Category: Procedural Law | Date: | Hits: 75
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
.... read with President’s Order No.50 of 1972. 3. The Petitioners then moved the High Court Division, Comilla Bench, under section 561A of the Code of Criminal Procedure, for quashing the proceedings of the said case and a Division Bench by its order dated 8.9.82 in Crimina......Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses Act are clear enough to dictate that any investigation or legal proceedings started under the repealed statute, will not be affected by the subsequent repeal of th..Category: Criminal Law | Date: | Hits: 51
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
.... High Court Division is set aside and that of the lower Appellate Court is restored. There will no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 202. ...... Acquisition and Tenancy Act, 1950 (XXVIII of 1951), section 143A Section 143A is only concerned with the question of possession of the land. Question of title is beyond the scope of such a proceeding. The material consideration in a case under section 143A of the State Acquisitio..Category: Property Law | Date: | Hits: 28
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
....e set aside and that of the District Judge is restored. In the circumstances of the case we however do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 184....... (3) of the Waqf Ordinance, 1962, which is a special law, having long existed, the respondent might invoke provision of section 14 of the Limitation Act for excluding the time that was spent in other proceedings in wrong forum. But the appellant being found negligent in prosecuting the other proceed..Category: Procedural Law | Date: | Hits: 112
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....l-founded both in law and fact leaving no scope for interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 164. ......id any rent the borgader’s claim of possession on behalf of the owner fell through. He resisted the plaintiffs' possession for a time and the plaintiffs unsuccessfully brought a criminal proceeding against him under section 144 Cr.P.C. It is at this stage that defendant Nos.1 and 2 ap..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
.... that no contempt had been committed and the petition is therefore dismissed. The order of this court dated 31.10.84 is hereby vacated. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 161.......lic purpose and the land has been requisitioned for private purpose at the behest of Mutwalli on the plea of facilitating free access of the visitors to the holy Dargah Sharif; that the requisition proceeding in the name of Chittagong Municipality Corporation as requiring body is a mere device for..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
.... above variations in the judgment of this Court passed in the aforesaid appeals on July 13, 1982 the judgment will remain operative. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 145. ......and for the appointment of a Receiver, while Mujibur Rahman Sikder filed Title Suit No.16 of 1981 for temporary injunction restraining Mahbubur Rahman Sikder and the other partners of the firm from proceeding with Title Suit No. 371 of 1980. The suits were heard together and by his order dated Jun..Category: Constitutional Law | Date: | Hits: 149
Kalipada Saha Vs. State, 1985, 14 CLC (AD)
....Court of Begum Asma, Hannan, Upazila Magistrate, Kushtia transferred to the Drug Court at Dhaka for trial and disposal. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 135. ......court other than a Drug Court shall try the offence (in) no Drug Court shall take cognizance of an offence except on a report in writing made by the Licencing Authority. It is contended that entire proceeding before the learned Magistrate is without jurisdiction as such the case should be t..Category: Criminal Law | Date: | Hits: 59
Bangladesh Vs. KM Zaker Hossain and others, 2002, 31 CLC (AD)
.... and order of the High Court division dated August 31, 1977 in writ petition no. 41 of 1973 is set aside. The appellant shall get costs. Ed. This Case is also Reported in: I ADC (2004) 371.......igh court Division was not well founded in setting aside the judgment and order dated December 24, 1992 of the court of settlement passed as regarded the property in question in case No. 397 of 1989 proceeding upon the premises of question of the possession of the property by the respondent No.1 an..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Abul Kaiser Chowdhury and others, 1984, 13 CLC (AD)
.... reason to take a different view. In this view of the matter the appeal is allowed. The suit is dismissed. No order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) 85. ......itution of Abul Kaiser Chowdhury as Mutwalli does not arise. It is the same person who had been brought on record and only by a technical rule procedure an attempt has been made to prolong the proceeding. It is well settled that when a party respondent in appeal dies and one of his legal re..Category: Trust/Waqf Law | Date: | Hits: 193
Alex & Simon International Ltd. Vs. Yasmin Bashar & others, 2007, 36 CLC (AD)
.... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 359. ......nd other connected papers. 5. The High Court Division after hearing the learned Counsel for the parties and considering the materials on record discharged the Rule on the ground that no proceeding has been drawn up under Section 145 of the Code of Criminal Procedure and the initial or..Category: Criminal Law | Date: | Hits: 45
Md. Jasimuddin Sarker Vs. State, 2008, 37 CLC (AD)
....05 passed by the High Court Division in Criminal Miscellaneous Case No. 6097 of 2002 discharging the Rule the arising out of an application under Section 561A of the Code of Criminal Procedure for quashing the proceeding of Special Case No. 1 of 2001 of Kotwali P.S. Case No. 19(11) of 1994 under......the High Court Division in Criminal Miscellaneous Case No. 6097 of 2002 discharging the Rule the arising out of an application under Section 561A of the Code of Criminal Procedure for quashing the proceeding of Special Case No. 1 of 2001 of Kotwali P.S. Case No. 19(11) of 1994 under Section 420/..Category: Criminal Law | Date: | Hits: 64
Chittagong City Corporation Vs. Executive Engineer, Public Works Dept, Chittagong, 2008, 37 CLC (AD)
....matter the High Court Division has rightly discharged. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 332. ......ct matter of the writ petition is a disputed question of facts and the violation of contract which can be adjudicated in the civil court on the basis of evidence and cannot be decided in a summary proceeding of writ jurisdiction. 12. The High Court Division further observed that the 4th a..Category: Civil Law | Date: | Hits: 113
Anti-Corruption Commission Vs. Md. Abul Kalam Shamsuddin and others, 2008, 37 CLC (AD)
.... the above, 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: VI ADC (2009) 323.......nst the judgment and order dated 20.07.2008 passed by the High Court Division in Writ Petition No. 10313 of 2007 making the Rule absolute with cost in declaring the initiation and continuation of the proceedings and also conviction without lawful authority of Paltan P.S Case No. 36 (11) 07 correspon..Category: Anti-Corruption Laws | Date: | Hits: 119
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....High Court Division is set aside and the Judgment and order passed by the learned district Judge in the Misc. Case in question is restored. Ed. This Case is also Reported in: II ADC (2005) 338.......a, Rajbari, against defendant Nos. 1-4 respondents restraining them from giving on lease the suit land to any body and disturbing the plaintiffs' possession therein and also of a declaration that the proceeding taken in V.P. Case No. XII-1877 72-73 is illegal, void and not binding upon the plaintiff..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
.... learned Assistant Judge, 4th Court, Dhaka passed on 28-2-90 in Title Suit No. 818 of 1987, dismissing the suit, is restored. Ed. This Case is also Reported in: II ADC (2005) 334. ......ersity after driving out the guard placed thereat. On being directed in writing he refused to vacate the quarter. Then he was placed under suspension on October 15, 1976 and a departmental proceeding was also initiated against him for breaking office discipline. He challenged that ..Category: Employment/Service Law | Date: | Hits: 69
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
.... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256.......nt a copy of the above memo dated 21.4.97 to the executing Court, then the executing Court on 24.4.97 referring to the Memo dated 22.4.97 issued by the appellant No. 1 passed an order staying further proceeding of the above execution case and also recalled the process relating thereto the proforma..Category: Criminal Law | Date: | Hits: 51
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