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....r to make the appeal ready for hearing. This appeal will be heard along with Civil Appeal Nos.307 of 2008 and 447 of 2007 for hearing.
Ed.
This Case is also Reported in: 9 ADC (2012) 865.
......ent of the writ petitioner's name in the CIB list as a loan defaulter to have been made without lawful authority and of no legal effect. It was argued that the High Court Division erred in law in holding that the writ petitioner is not a defaulter within the meaning of Bank Companies Act, 1990, ..
Category: Banking Law | Date: 12 Mar, 2012 | Hits: 7
Human Rights and Peace for Bangladesh (HRPB) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... Administration, Ministry of Home Affairs and Ministry of Foreign Affairs for taking necessary steps in accordance with the directions given above. Ed. This Case is also Reported in: ...... exercising its discretion, passed an order, as contained in Annexure-A to the writ petition, “to upgrade only the Hon’ble Ministers and the Members of Parliament, along with their family only, holding Economy Class tickets to the Executive Class without any additional charge at the checking ..Category: Constitutional Law | Date: 8 Mar, 2012 | Hits: 17
Abdul Wahab Sheikh Vs. Md. Kamal Hossain alias Md. Kalam Hossain & Others, 2012, 41 CLC (AD)
....n (2) of Section 29 of the Limitation Act have made it very clear. However, this appeal is disposed of with the above observations. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 282. ......n and the opposite party No.2 secured the second position and the petitioner secured the third position. The result of election was published in the official gazette on 2nd February, 2009. That after holding of the election, the petitioner came to know that the opposite party No.1 was a guarantor fo..Category: Limitation Law | Date: 3 Mar, 2012 | Hits: 208
Rahima Khatun and another Vs. Sufia Begum and others, 2012, 41 CLC (HCD)
....s restored. 13. Send down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 191 21 BLT (HCD) (2013) 39 ......plaintiffs instituted the suit in the benami of defendant No.3 as such, the suit is liable to be dismissed with cost. Learned Assistant Judge by judgment and decree dated 31-6-1995 dismissed the suit holding that the exchange deed dated 7-3-1987 was acted upon and baina upon which the exchange deed ..Category: Property Law | Date: 23 Feb, 2012 | Hits: 6
Mamun-ur-Rashid (Md.) Vs. Secretary, Ministry of Law and others, 2012, 41 CLC (HCD)
....rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ......rlier by this Division at the time of issuing of the rule is hereby vacated and recalled. Communicate at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 162. ..Category: Civil Law, Procedural Law | Date: 23 Feb, 2012 | Hits: 7
....f the Constitution:
Provided that a person shall be disqualified for election as or for being, a member, if he-
(a)-(k)........
(1) being a loanee, other than a loanee who has taken small loan for agricultural purposes, has defaulted in repaying before from the day of submission of nomination pap......finding of the High Court Division this Division held as under:
“In view of the facts and position of law mentioned by us we are of the view that the High Court Division committed error of law in holding that the writ respondent NO.7 (appellant) is a bank defaulter. We are rather of the view tha..
Category: Election Law | Date: 14 Feb, 2012 | Hits: 262
Md. Shahjahan Atmasder Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)
....ight months and such cases will be governed by the 3rd proviso alone. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 237. ......grade and as such, the petitioner was compelled to file the ease before the Administrative Tribunal. 3. The Administrative Tribunal No.3, Dhaka, by its decision dated 24.01.2008 allowed the case holding that the petitioner was entitled to selection grade and accordingly, he is entitled to ..Category: Administrative Law | Date: 9 Feb, 2012 | Hits: 324
Tarik Hossain and others Vs. Dulari Begum & Others, 2012, 41 CLC (HCD)
....n given by this Court as above, are solely with a view to ensure social justice in respect of the parties involved in this suit. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 59. ...... ascertainment of their respective shares on the final disposal of the partition suit. The receiver be also directed to maintain possession of the part of the property where the parties are holding for their respective dwelling purposes but the remaining properties which are being hel..Category: Property Law | Date: 7 Feb, 2012 | Hits: 4
Kalim Ullah (Md.) and others Vs. Fariduddin Ahmed, 2012, 41 CLC (AD)
....eed in question. Admittedly, the suit land is situated within Sylhet City Corporation area and the nature of the suit land has been mentioned as (Bangla) (vegetable garden). Thus the suit land is non-agricultural land. 'Non-agricultural land' within section 2(4) of the Act, 1949 means &......arities, it should be interpreted by applying the principle of 'noscitur a sociis' or on the analogy of 'ejusdem generis' principle. 12. The Supreme Court accepted the claim holding that there is no reason why rationally logical restriction should not be placed in the provi..Category: Trust/Waqf Law | Date: 1 Feb, 2012 | Hits: 10
MN Alam Associated Ltd Vs. Chairman, Rajdani Unnayan Kartripakkhaya, 2012, 41 CLC (AD)
.... arbitration may proceed afresh in accordance with law. With the above observations and findings the appeal is disposed of. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 153. ......k several adjournments and lastly submitted written objection on 28-3-2000. The learned Joint District Judge, 5th Court, Dhaka upon hearing the parties rejected the written objection on 7-5-2000 holding that the same is barred by Article 158 of the Limitation Act and also for failing to deposit..Category: Arbitration Law | Date: 24 Jan, 2012 | Hits: 7
Nawabgonj Government College Vs. Aftabuddin (Md.) and others, 2012, 41 CLC (AD)
.... illegal. From the above discussion, it is evident that there is no merit in this leave petition and hence it is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 115. ...... suit by filing written statement. The learned Subordinate Judge, on consideration of evidence adduced by both the parties, decreed the suit on contest by the judgment and decree dated 29-5-1981 holding that Jitendra Nath Saha was a citizen of Bangladesh and declaring his title in all the sched..Category: Property Law | Date: 23 Jan, 2012 | Hits: 90
Saiful Islam Jitu (Md.) Vs. State, 2012, 41 CLC (HCD)
....he privilege of bail. Communicate a copy of this Judgment and order at once to the Court concerned. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 234 ......g any material whatsoever from the evidence on record or from the judgments of the Courts below that the petitioner was below 16 years at the time of framing charge against him vis-a vis, at the time holding trial." 13. On perusal of the above reported Case it appears to us that our Appell..Category: Constitutional Law, Criminal Law | Date: 18 Jan, 2012 | Hits: 2
Amzad Hossain Vs. Bangladesh Bank and others, 2012, 41 CLC (HCD)
....t. The order of stay granted earlier by this Court is hereby recalled and vacated. Communicate at once. Mustafa Zaman Islam J. - I agree. Ed. This Case is also Reported in: ......illegal since there was a violation of Natural Justice and the Appellate Division upheld the decision. But section 3 (2) (iii) Foreign Exchange Regulatory Act does not contemplate such requirement of holding any inquiry on giving any prior notice for taking any decision. 22. In the case in hand..Category: Banking Law | Date: 18 Jan, 2012 | Hits: 179
Dr. Anowar Hossain Vs. Reya Builders and Engi¬neers Ltd, 2012, 41 CLC (HCD)
....of accordingly. The order of stay granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 152 ......unir Hossain, both sons of Late Hazi Abdul Awal as First Party, on the other part Reya Builders and Engineers Ltd. a Developer Company as Second Party, for construction of a multi-storied building in holding No. 8/2 Paribagh, Shahbagh, Dhaka. 3. As per terms of the aforesaid contract the constr..Category: Arbitration Law | Date: 12 Jan, 2012 | Hits: 7
SS Enterprise Vs. Government of Bangladesh others, 2012, 41 CLC (HCD)
....tioner to represent his case properly. With this observation the Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 86. ......avit be formed part of the main application. 2. At the instance of the petitioner Messrs SS Enterprise, this Rule Nisi was issued calling upon the respondents to show cause as to why the illegal holding over the goods covered under LC No.135211010074 dated 20-7-2011 and Bill of Entry No.112274 ..Category: Business or Commercial Law | Date: 10 Jan, 2012 | Hits: 102
Mahua Khair Vs. Amena Begum Ali Ispahani, 2012, 41 CLC (AD)
.... i.e. the Sub-Ordinate Judge (now Joint District Judge), Additional Court, Dhaka. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 172; 17 BLC (AD) (2012) 139; 9 ADC (2012) 924. ......ppeals were heard analogously by a Division Bench of the High Court Division which by the impugned judgment and decree dated 07.07.2004 reversed the decision of the trial Court, allowing both appeals holding that the termination notice dated 29.07.1996 of the plaintiff, which was the subject matter ..Category: Contract Law | Date: 10 Jan, 2012 | Hits: 1077
Md. Amzad Hossain Parag Vs. Md. Saiful Islam and others, 2012, 41 CLC (AD)
....w the judgment and decree of the trial court will stand. In the circumstances we dismiss this civil petition for leave to appeal. Ed. This Case is also Reported in: 9 ADC (2012) 224. ......uit land. 8. The trial court, on consideration of evidence adduced by the contesting parties and other facts and circumstances, dismissed the suit by the judgment and order dated 17.04.2004 holding mainly that, the plaintiffs could not prove the case that the impugned kabala deed was ..Category: Property Law | Date: 9 Jan, 2012 | Hits: 98
Syed Gulam Shariar Vs. Mohammad Abdul Mannan and others, 2012, 41 CLC (AD)
....e to appeal has no merit. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 214; 17 BLC (AD) (2012) 112. ......estigation was held by an Advocate Commissioner to find out whether there was any public road in between the land transferred and the land of the pre-emptors and that the Advocate Commissioner, after holding local investigation properly, submitted report stating clearly that there was a public road ..Category: Property Law | Date: 2 Jan, 2012 | Hits: 89
Sohrab Ali Dewan Vs. State, 2012, 41 CLC (HCD)
....udgment and order to the learned Senior Special Judge, Munshiganj and another copy to the Chairman, Anti-Corruption Commission. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 106. ......ning of a fresh period of 270 days for conclusion of trial under the unmanned section 339C in a situation where one Sessions Judge held part of a trial and another Sessions Judge took up the case for holding the remaining part of the trial. 36. Evidently the issue before the Appellate Division ..Category: Anti-Corruption Laws | Date: 1 Jan, 2012 | Hits: 80
Bangladesh Rural Development Board Vs. Mohammad Shahjahan and others, 2011, 40 CLC (AD)
.... set aside. In the result, the appeal is allowed. The impugned judgment and order passed by the High Court Division be set aside. Ed. This Case is also Reported in: 9 ADC (2012) 195. ......d to get the benefit of F.R.22(a)(i) and as such the impugned order was rightly issued. 5. The High Court Division, on hearing both the sides, made the Rule issued in that writ petition absolute holding mainly that the petitioner still remains a government officer while serving under BRDB ..Category: Employment/Service Law | Date: 14 Dec, 2011 | Hits: 133
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