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Category: Constitutional Law | Date: | Hits: 137
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
.... State, 28 DLR (AD) 38. In this case it has been reiterated that the inherent jurisdiction should not be invoked where some other remedy is available. The jurisdiction given by section 561A is not an alternative or an additional jurisdiction but it is a jurisdiction preserved in the interest of just......ad no other medical evidence to be adduced in the case other than that was proved by Dr VV Gupta (P.W. 3). Under such circumstances the accused persons filed an application for their discharge. The prayer was rejected by the trial Court. A Single Judge of the Delhi High Court quashed the order of ..Category: Anti-Corruption Laws | Date: | Hits: 195
Category: Property Law | Date: | Hits: 29
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
....earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ...... of the said suit shop to any other person except the plaintiff. 6. The trial Court on hearing the application issued an order asking the defendants to show cause within 5 days as to why the prayer for injunction should not be granted. The defendant No.1 appeared on 03.08.2005 and prayed ..Category: Property Law | Date: | Hits: 20
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
.... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ......of the High Court Division passed in Writ Petition Nos. 4986 and 4987 of 1996 making absolute the Rule obtained challenging the decision of the Board of Janata Bank, the appellant is not allowing the prayer of the respondent No. 1 for exemption of interest. 2. Facts of Civil Appeal No. 103 of..Category: Banking Law | Date: | Hits: 98
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......efore the Court and the deposit as directed by the Court was also not made and therefore the High Court Division committed no illegality in not interfering with the order of the Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly di..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......998. It appears that the Appellate Court below on due consideration of the evidences on record allowed the appeal holding that the suit as framed and filed is maintainable inasmuch as in the suit a prayer was made for declaring that the judgment and decree passed in Title Suit No.9 of 1998 was ill..Category: Property Law | Date: | Hits: 37
Shamsun Nahar Vs. Khairunnessa Sadiq and others, 2009, 38 CLC (AD)
....4.11.1980 is false, collusive and without consideration. On receipt of a letter of the defendant No.1 dated 27.09.1985 the plaintiffs came to know about the alleged heba deed. Then finding no other alternative the plaintiff instituted the instant suit for declaring that the alleged Heba-bil-Ewaz d...... Imamuddin Dewan was very old and wise person with exceptionally good health, both physical and mental. A devout Muslim who till the last day of his life rarely failed to perform his five times daily prayers and also Tahazzud as well as other religious duties. He was a man of great integrity and cha..Category: Property Law | Date: | Hits: 33
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....ality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 61, 16 MLR (AD) (2011) 420. ......rade Mark Appeal No.63 of 2001 dismissing the appeal preferred impugning the order dated 10.9.2001 of the Deputy Registrar of Trade Marks passed in Opposition Case No.1657 of 2000 though allowing the prayer of the petitioner to keep Trade Mark GX 06661 hut restraining him from using the words "BISCI..Category: Intellectual Property Law | Date: | Hits: 211
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....onal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......it of accounts through the Investment Board of Bangladesh in order to ascertain the actual loss suffered by the plaintiff and by the impugned order the Court on hearing both the parties allowed the prayer. 3. The petitioner moved the High Court Division and by the impugned order the High Co..Category: Others | Date: | Hits: 94
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
....cer or authority concerned, and shall give such officer or authority an opportunity to show cause why the appeal should not be entertained. But the respondent No.1 without invoking and exhausting the alternative forum of appeal as provided in the aforesaid Article 52 of the University Order, 1973, f...... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......Constitution of Bangladesh, 1972, Article 103 Points not raised in the lower court cannot be urged at the leave stage.—After the bills of entry were presented considerable time has elapsed. The prayer of the appellants made at this belated stage to allow them to determine normal value of the..Category: Fiscal/Taxation Law | Date: | Hits: 86
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
..... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......isition and Tenancy Act on 29.5.2001 to become co-applicant praying for rateable pre-emption in the case land. 5. The learned Subordinate Judge on consideration of the application allowed the prayer of the opposite party No. 7 vide order No. 25 dated 4.6.2001 subject to deposit of the consid..Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......ed the suit by filing a joint written statement and contended, inter alia, that the plaintiffs have no right, title and possession in the suit land and as such without paying ad valorem Court fee and prayer for consequential relief, the suit is not maintainable. Their case in short is that the suit ..Category: Property Law | Date: | Hits: 34
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......itten statement asserting, amongst others, that it suffered loss due to devastating cyclone of 1997 and accordingly prayed for exemption of interest and that the plaintiff bank considered the prayer favourably and allowed exemption of a portion of the accrued interest amount subject to paym..Category: Civil Law | Date: | Hits: 136
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......the same before or at the time of execution of the partition deed Ext.’Ga’. Since a complicated question of title is involved the instant simple suit for partition is not maintainable without any prayer for declaration of title. 5. The trial court decreed the suit in preliminary form by judg..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....a fugitive from justice and without surrendering before the concerned Court, the writ petition is not legally maintainable. It is further contended by the learned Counsel that the writ petitioner has alternative remedy under section 10 of the Criminal Law Amendment Act, 1958 and therefore, the writ ......tion of the judgment and order of conviction for a period of three months at the time of issuance of the rule nisi. Thereafter another Division Bench took up the matter on 18th December, 2008, on the prayer of the writ petitioner for fixing a date of hearing and the learned Judges having noticed tha..Category: Anti-Corruption Laws | Date: | Hits: 211
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
....ngth of the said deeds of gift, rather as successors of late Badruzzaman they have been jointly possessing the land left by him without any partition or demarcation. The High Court Division has no alternative but to find that the deeds in question are nothing but forged, fraudulent, those are no...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..Category: Property Law | Date: | Hits: 92
Mozibur Rahman Vs. Al-haj Nazrul Karim and others, 2009, 38 CLC (AD)
....any eventuality. We do not find any cause to interfere with the impugned order. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 189. ......peal setting aside status-quo order dated 01.03.2006 passed by the trial Court. If the petitioner has any reason to be aggrieved he could file a fresh application for redress of the same or make a prayer for modification of the order to cope with any eventuality. We do not find any cause to inte..Category: Civil Law | Date: | Hits: 106
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......and termination of her employment by the defendant No. 2 is illegal and not binding upon her and that she is entitled to reinstatement to her post. Subsequently the plaint was amended to include a prayer for mandatory injunction directing the defendants to pay her emolument. 3. Pursuant to..Category: Employment/Service Law | Date: | Hits: 104