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Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....cation was made after 12 years of granting probate. The application was rejected on the reasonings that it was extremely difficult to get witnesses about 18 years after the execution of the will, the persons competent to give evidence having died. The application Tor revocation is liable to be rejec...... Cal 631. The law has vested a judicial discretion to revoke a grant where the Court may have prima facie reasons to believe that it is necessary to have the will proved afresh in the presence of the interested parties. The Court may refuse to revoke the grant in cases where there is no likelihood o......wn the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ..Category: Property Law | Date: | Hits: 68
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ......ed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ...... approved by the Syndicate of the National University should not be declared to have been done without any lawful authority. 2. The facts leading to the issuance of the Rule, in brief, are: The educational qualifications of the Advocate who also supplied a copy thereof to the petitioner are gi..Category: Employment/Service Law | Date: | Hits: 65
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....pports probability of the defence version that PWs 5 and 14 have been using Doctor Kudarat-e-Khoda hostel of Bangladesh Leather Technology, as their abode for realising money and implicating innocent persons by instituting false cases. Learned Advocate finally submits that the prosecution has fail...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549........ The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549....... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....urt may seem fit and proper. 2. In both the Writ petitions the petitioners have impugned the inclusion of their names in the lists prepared by the Central Bank's Credit Information Bureau (CIB) as persons who have defaulted in the payment of bank dues. 3. Both the Rules concern common que......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......s of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ..Category: Banking Law | Date: | Hits: 124
....ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......dy for hearing on 10th and it was fixed on that date for hearing today.
11. The learned Advocate kept us waiting for 90 minutes without any submissions and as such, we are satisfied that he is not interested to place the Civil Petition for leave to Appeal for hearing. We are constrained to point ...... after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14.......ccordingly rejected.
However, the Contempt Petition No. 17 of 2010, shall be taken up for hearing today after recess.
This Order is also Reported in: 16 BLC (AD) (2011) 05, 19 BLT (AD) (2011) 14...
Category: Property Law | Date: | Hits: 73
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
....amed is not maintainable in law and it is bad for defect of parties. It was also contended that the plaintiff has no title and possession in the suit land. It was further alleged that some interested persons filed the present suit in the name of the plaintiff and, as such, the suit is not maintainab...... suit as framed is not maintainable in law and it is bad for defect of parties. It was also contended that the plaintiff has no title and possession in the suit land. It was further alleged that some interested persons filed the present suit in the name of the plaintiff and, as such, the suit is not...... Mohammad Nazibar Rahman, Advocate — For the Petitioner. Not represented —the Opposite Party. Civil Revision No. 3124 of 1997. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 14-7-97 passed by the learned Senior Assistant Judge, Thakurgaon in Title Suit ...... granted by this Court stands vacated. Communicate the order of the Court to the learned Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 145...Category: Procedural Law | Date: | Hits: 76
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....i or a Receiver may apply to the Administrator for sanction to transfer waqf property under sub‑section (1) of section 56, and the Administrator, after making such enquiry and giving notice to such persons in such manner as he thinks fit and hearing them, if they desire to be heard, may accord san......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......essary action. Ed. This Case is also Reported in: 55 DLR (2003) 95.......ce. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 95...Category: Trust/Waqf Law | Date: | Hits: 228
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....ter then she would be finished. Then she went to bring the copy of the Kabinnama but she was not able to collect the said Kabinnama. Subsequently, she has informed the same to the local distinguished persons and then Zitu Ahsan (Apon), Md. Ayet Ali, Most Tahura Begum, they refused and said that ther......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528...Category: Criminal Law | Date: | Hits: 44
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
.... 3. After submission of the charge sheet, the case was transferred to the court of the learned Judge, Speedy Trial Tribunal Khulna for holding trial. 4. Upon the aforesaid allegations the accused persons are put on trial before the learned Judge, Speedy Trial Tribunal who framed charge under sec......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520....... contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520...Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....ection 9(2) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 (henceforth referred top as "the Ain") by judgment and order dated 9-10-2002 in Nari-o-Shishu Case No. 284/2002. In addition, all the accused persons were ordered to pay fine of Taka 1,00,000 each to be paid to the victim's father as compensa......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505......., the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505...Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
....iah lodged the first information report with Raypura Police Station Narsingdi on 22-12-2000 at about 3-00 PM to the effect that on 20-12-2000 taking advantage of his absence from home the accused persons named in the first information report enticed and kidnapped his younger sister (the victim) ...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ......h, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ...... The accused appellant Taju, son of Sona Miah, is discharged from his bail bond. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 499. ..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......mand dated 7-2-2005 passed by the High Court Division in Jail Appeal No.605 of 2004, made threefold submissions. Firstly, she submitted that in view of the evidence of PWs who are police officers and interested and partisan in nature and there being no disinterested and independent witnesses and to ......nviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ..Category: Criminal Law | Date: | Hits: 43
Nirode Baran Barua Vs. Mrinal Kanti Das and others, 2006, 35 CLC (HCD)
....legal and liable to be quashed. The facts of that case are that the complainant made a complaint before the Sub-Divisional Magistrate, Naogaon alleging misappropriation and corruption against accused persons and in that case, a judicial inquiry was held through Circle Officer, Naogaon who submitted ......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......er by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ......e is discharged. The order of stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 456. ..Category: Criminal Law | Date: | Hits: 27
Major Monjur Quader(Retd.) Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
.... Bank Companies Act, 1991 will be redundant He further submits that the object of including the name of a person in the CIB list is to give notice to other banks and financial institutions about that persons' credit standing and non repayment of loan liability, and according to him, if a guarantor a......tioner is not only a share holder of Messrs Prominent Textiles Limited but also a Director and he executed a document of personal guarantee to secure and repay the loan thus making him a person interested and related to the said Borrower company. It is further stated that his guarantee makes......awful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451.......o. 60220 is hereby declared to have been made without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 451...Category: Banking Law | Date: | Hits: 125
....th and others on the allegation that her daughter Nazma Akhter, aged 14 years, developed love affair with the accused Uttam Debanath, that on 16-1-2000 Uttam Debanath with the help of other accused persons abducted Nazma Akhter and kept her confined in different places and committed rape on her ag......y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
......im Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
......y Nos. 3 and 4 are directed to release the victim Nazma Akhter from "Nirapad Abason Kendra" under Shamaj Sheba Adhidaptar, Barisal at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 447.
..
Category: Criminal Law | Date: | Hits: 41
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....ssengers being apprehensive about them. Then 2 passengers tried to run away from the place. They were caught by chase. After search of their body 25 bottles of Phensidyl were recovered from each of 2 persons namely, Lokman and Mohammad Ali. Both of them were taken to Kotwali PS where informant Md. K......e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......ir be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441...Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....eeting to attack the house of the informant, alleging that the informant's family members are liable for committing murder of the son of said Jamir Ali. Upon his call, a rowdy assembly of the accused persons, who were 40/50 in number, stormed into the house of the informant. During the ransacking of......dge failed to consider a vital fact, which effected the trial adversely, that all the prosecution witnesses are relatives of the informant and, as such, partisan for which the entire testimony of the interested witnesses has vitiated the trial, inasmuch as the learned Tribunal Judge did not apprecia...... in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433...Category: Criminal Law | Date: | Hits: 30
New Zealand Milk Brands Ltd. Vs. Unilac Sanowara (BD) Ltd. & ors., 2005, 34 CLC (HCD)
.... an abuse of the process of the Court. It is further contended that the opposite party No. 1 is not a party to the alleged agency Agreement and that Sanowara Corporation and Nurul Islam are different persons and the opposite party No. 1 is not bound by the conditions stipulated in the Agency Agreeme...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ......titioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ...... 7-8-2004 is directed to be returned to the learned Advocate for the petitioner. Send down the Records of the Registrar at once. Ed. This Case is also Reported in: 59 DLR (2007) 424. ..Category: Intellectual Property Law | Date: | Hits: 187
Monir Hossain alias Monir Vs. State, 2007, 36 CLC (HCD)
....lice Station alleging, inter alia, that on 28-2-2000 at 3-00 PM while his daughter Shahana Shilpi, the victim (PW 2) was returning home from the school, the accused appellant along with other accused persons being armed with deadly weapons, abducted her for the purpose of rape or forceful marriage a......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ......Barguna in Nari-o-Shishu Nirjatan Daman Case No. 31 of 2000 is hereby affirmed. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 416. ..Category: Criminal Law | Date: | Hits: 33
Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....r the said post and took part in preliminary written and viva voce examinations. Thereafter, appointment letters dated 18-3-2001 were issued by a Director of the Prime Minister's Office appointing 60 persons including the Petitioners to the posts of Deputy Assistant Directors in the National Securit......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......rdingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..Category: Employment/Service Law | Date: | Hits: 107
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