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Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
.... was held that a prohibitory decree is not executable in Execution Case, adding that the revisional Court below failed to see that the aforesaid Single Bench decision has already been over ruled by a specially constituted Division Bench in the case of Safar Ali Miah Vs. Badsha Siddique, reported in ......ourt holding that decree passed in perpetual injunction is not enforceable in Execution Case, etc. Being aggrieved by the aforesaid impugned judgment and order the petitioners obtained the Rule on leave on an application under sub-section (4) of section 115 of the Code. 4. Mr. GM Azizur Rahman..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
.... prepare the paper books out of Court in accordance with Rule. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 242.......ppeal No. 1762 of 2009. (From the judgment and order dated 2nd June, 2009 passed by the High Court Division in Civil Revision No.5472 of 2003). Order Muhammad Imman Ali J.- This petition for leave to appeal is directed against the judgment and order dated 02.06.2009 passed by a Single Bench..Category: Property Law | Date: | Hits: 87
Abul Kashem Vs. State, 1997, 26 CLC (HCD)
....d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356.......d. Impugned conviction and sentence as aforesaid are set aside. Appellant Abul Kashem @ Kasum @ Kashu is discharged from his bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 356...Category: Criminal Law | Date: | Hits: 94
Maudud Vs. State, 1998, 27 CLC (HCD)
....have in his possession any “arms” of any description except under licence and in the manner and to the extent permitted thereby in any place to which Govt. by Notification in the official gazette specially extend the provisions of the section. Rule 30 of the Arms Rules, 1924 provide that a licen......mitting robbery and demanded key of the cash box. In view of the same we find no merit in the application for bail which is rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 347. ..Category: Criminal Law | Date: | Hits: 87
Shaheen Mahmood Alam (Md.) Vs. Ziaur Rahman & others, 1997, 26 CLC (HCD)
....on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ......on Parishad. No other ground taken in this petition was pressed by Mr. Sircar. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 346. ..Category: Election Law | Date: | Hits: 153
Mokthar Masum Abedin and others Vs. Nironjan Kumar Mondol and others, 1997, 26 CLC (HCD)
.... two thousand) only to the plaintiff-opposite- party. Stay granted by this Court at the time of issuance of the Rule stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 341....... of the Code of Civil Procedure. Order 22, Rule 10 reads thus: “10. (1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or ..Category: Procedural Law | Date: | Hits: 74
Ziauddin Ahmed Vs. Bangladesh,1994, 23 CLC (HCD)
.....92 issued by the respondent No. 1 under the signature of respondent No. 3 to be without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 29....... Girls' College on deputation. She was awarded a Fulbright Scholarship for prosecution of higher studies in USA. The Government of Bangladesh by its order dated 25.7.91, approved her extra‑ordinary leave to prosecute higher studies in USA and thereafter she left for USA in August, 1991. At that ti..Category: Constitutional Law | Date: | Hits: 238
Abdul Motaleb Shaque and others Vs. State, 1994, 23 CLC (HCD)
.... the trial beyond the statutory period, claim relief under sub‑section (6)(b) of sections 339C of the Code of Criminal Procedure. Such abstention from attending the Court tantamounts to absconsion, specially where the trial Judge himself shows it as the reason for the expiry of the statutory perio......which the Court is not closed by vacation, holidays or Fridays. If a particular Magistrate refrains from working on a particular working day or days either because of his personal reasons by going on leave or being engaged otherwise outside the Court that cannot mean that such days are not working d..Category: Procedural Law | Date: | Hits: 80
Captain Md. Mobarak Hossain, Master, ATM Dolores Vs. MT Dolores and others, 1994, 23 CLC (HCD)
....e plaintiffs aforesaid claim. In the circumstances, the application for attachment/arrest of the defendant No. 1 vessel is rejected. Ed. This case is also Reported in: 47 DLR (HD) (1995) 80. ......rap the defendant No. 1 opposite party vessel MT Dolores by transferring the same to a third party which is now lying at Jetty No.10 of Chittagong Port. The said defendant No. 1 vessel MT Dolores may leave the territorial waters of Bangladesh at any time. He has submitted that the principal defendan..Category: Civil Law | Date: | Hits: 99
Santosh Kumar Paul Vs. Nuruddin Ansari, 1993, 22 CLC (HCD)
....ate Court is set aside and that of the trial Court is upheld in part with the above term. Let the records be sent down expeditiously. Ed. This Case is also Reported in: 47 DLR (HCD) (1995) 70.......t premises he will be put to serious hardships and sufferings. Now, the defendant is no less sufferer than the plaintiff. In the critical situation during the liberation war as stated above he had to leave his homestead and subsequently hide himself from place, to place with his family for safety an..Category: Procedural Law | Date: | Hits: 129
Lt. Cdr (Retd) AHM Mahmud Vs. Masud Ahmed, 2010, 39 CLC (HCD)
....ortion of Rule 9 of the Prescribed Leave Rules, 1959 are reproduced below: "9. Other provisions. —(1) The existing provisions for sick leave, maternity leave, hospital leave, quarantine leave, special disability leave and study leave shall be continued. 9. (2) Officers on contract shall co......ner had prayed for a direction upon his employers to allow him to join his post. After the Rule was made absolute by the High Court Division and also subsequent to the dismissal of the respondent's leave application, the petitioner submitted an application to his employer to allow him to join his ..Category: Employment/Service Law | Date: | Hits: 156
Abdus Sattar and another Vs. Md. Ali Hossain Prodhan, 2009, 38 CLC (HCD)
....er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147.......er as to cost. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 147...Category: Civil Law | Date: | Hits: 95
Obaidullah Khondaker (Sohel) Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144.......judgment. Let a copy of this Judgment be immediately transmitted to each of the respondents for information and necessary action. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 144...Category: Property Law | Date: | Hits: 66
Ataur Rahman (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....has to be secured both in substance and in practice. The society has a stake in ensuring the independence of the Judiciary and no price is too heavy to secure it. Anyway, Sub-ordinate Courts occupy a special place in the Constitution under Articles 114 to 116A. The recruitment and conditions of serv......ether the Judicial officers are in the service of the Republic or cannot be re-opened in this Writ Petition. That question has been clinched by the Appellate Division in Masdar Hossain's case. So it, leaves no room for doubt that the Judicial officers, or, for that matter, the members of the Judicia..Category: Constitutional Law | Date: | Hits: 270
Bazlur Rahman (Md.) Vs. Government of the People's Republic of Bangladesh, 2009, 38 CLC (HCD)
....from the date of receipt of the Judgment and order. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 360; 18 BLT (HCD) (2010) 279. ...... decision on an objective determination of facts." 22. Against the Judgment and order of the High Court Division passed in several writ petitions respondent No.2 preferred Civil Petition for leave to appeal being No.1157-61 of 2007 and their Lordships of the Appellate Division held: ..Category: Others | Date: | Hits: 149
Abul Basher Chowdhury Vs. Habibur Rahman Mia and others, 1978, 7 CLC (AD)
....nior Advocate instructed by A. Rab-I, Advocate-on-Record - For Respondent No.1. Not represented - Respondent No.1. Civil Appeal No.113 of 1977 Judgment Mahmud Husain CJ.- This appeal by special leave is against the summary dismissal of the writ petition by a Bench of the High Court p......ocate instructed by A. Rab-I, Advocate-on-Record - For Respondent No.1. Not represented - Respondent No.1. Civil Appeal No.113 of 1977 Judgment Mahmud Husain CJ.- This appeal by special leave is against the summary dismissal of the writ petition by a Bench of the High Court passed in..Category: Election Law | Date: | Hits: 159
American Life Insurance Company Vs. Dacca Poura Shaba and others, 1978, 7 CLC (AD)
....y the Municipal Committee. The Divisional Commissioner hears appeals as the Appellate Authority under section 119 of the Ordinance. However, he does not act as the Controlling Authority but acts as specially authorised in this respect by the Government. Mr. Hafizullah, the learned Advocate appea...... tax, the balance 7 percent was to be taxed by the Municipality. This order was challenged by way of an application for a writ of certiorari. 27. The assessee filed an appeal before this Court and leave was granted by this Court to consider the following question raised by the learned Counsel, (1..Category: Fiscal/Taxation Law | Date: | Hits: 156
Bangladesh Steamer Agent's Association Vs. Bangladesh & others, 1979, 8 CLC (AD)
....mp; 4. Civil Appeal No. 36 of 1979. (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) Judgment KM Subhan J.- This appeal by special leave is from the judgment and order of the High Court Division passed in Writ Petition No.1...... Civil Appeal No. 36 of 1979. (From the Judgment and order dated 23.2.79 passed by the High Court Division in Writ Petition No. 1003 of 1978.) Judgment KM Subhan J.- This appeal by special leave is from the judgment and order of the High Court Division passed in Writ Petition No.1003 of 1..Category: Business or Commercial Law | Date: | Hits: 208
State Vs. Monsur Alam alias Mon Miah and others, 2012, 41 CLC (AD)
.... prepare the paper book out of Court in accordance with Rules. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 268. ......peal No. 533 of 2011. (From the judgment and order dated 23rd March, 2011 passed by the High Court Division in Criminal Appeal No.4412 of 2006) Order Muhammad Imman Ali J.- This petition for leave to appeal is directed against the judgment and order dated 23.03.2011 passed by a Division Ben..Category: Criminal Law | Date: | Hits: 122
....to Lalbagh Police Station Case No.48(10) dated 30.10.1999 shall be set aside."
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in: 9 ADC (2012) 265....... the judgment and order dated 19.05.2010 passed by the High Court Division in Criminal Revision No.454 of 2008.)
Order
Nazmun Ara Sultana J.- The delay is condoned. This Criminal Petition for leave to appeal has been directed against the judgment and order dated 19.05.2010 passed by the Hi..
Category: Procedural Law | Date: | Hits: 163
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