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G. M. Majid Vs. Amjad Hossain Lablu and another, 2007, 36 CLC (AD)
.... instance of the complainant petitioner is directed against the judgment and order dated 5.5.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.739 of 2004 quashing the proceedings of Special Case No.8 of 2001 arising out of the Petition Case No. 24 of 200......the complainant petitioner is directed against the judgment and order dated 5.5.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.739 of 2004 quashing the proceedings of Special Case No.8 of 2001 arising out of the Petition Case No. 24 of 2001 dated 31.7...Category: Anti-Corruption Laws | Date: | Hits: 81
Dr. Hafizur Rahman and another Vs. State, 2007, 36 CLC (AD)
....t the judgment and order dated 17-01-2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.7242 of 2001 discharging the Rule. The case was filed seeking quashing of the proceedings of G.R. Case No. 382 of 2000 of the Court of Metropolitan Magistrate, D......nd order dated 17-01-2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.7242 of 2001 discharging the Rule. The case was filed seeking quashing of the proceedings of G.R. Case No. 382 of 2000 of the Court of Metropolitan Magistrate, Dhaka. 2. ..Category: Criminal Law | Date: | Hits: 42
Alhaj Mostafizur Rahman Vs. Rezaul Hoque, 2007, 36 CLC (AD)
....osal of the rule. There is, therefore, no warrant in law to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 255. ......ct Judge, 2nd Court, Noakhali in violation case under Order 39, Rule 3(2) of the Code of Civil Procedure being Miscellaneous Case No. 30 of 2003 should not be set aside and for staying all further proceeding in the said Miscellaneous Case for a period of 6(six) months. 2. The petitioner a..Category: Property Law | Date: | Hits: 43
Wali Miah Sodagor Jame Masjid and Madrasha Vs. Abdul Hoque and others, 2007, 36 CLC (AD)
....ach the High Court Division for early disposal of the Rule, if they so desire. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 234. ......et aside and /or pass such other or further order or orders as to this Court may seem fit and proper. 7. Pending hearing of the aforesaid Rule the High Court Division also stayed the further proceeding of Title Suit No. 43 of 2003 in the Court of the Senior Assistant Judge, Chatkhil,..Category: Property Law | Date: | Hits: 35
Md. Fazlur Rahman and others Vs. Haji Md. Manir Khan and others, 2007, 36 CLC (AD)
.... the submissions of the learned Advocate for the petitioners. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (200) 231. ......sessed on 06.09.1972 from the Schedule-3 land of the suit. Fact remains that though the defendant claims the suit land but they have not challenged the decree in Title Suit No. 202 of 1969 and the proceeding in Execution No.5 of 1970. On the contrary the defendant No. 1 has failed to prove the a..Category: Property Law | Date: | Hits: 29
Harich Ahmed Vs. Wali Ullah and others, 2006, 35 CLC (AD)
.... judgment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 228. ......ision further observed that the trial Court was in serious error in holding that defendant gave undertaking in Title Suit No. 121 of 1986 that he would not use the sale certificate in any proceeding if available in future as the order of the trial Court clearly shows that defendant..Category: Property Law | Date: | Hits: 37
Bangladesh Biman Corporation Vs. Riaz Uddin Ahmed and others, 2006, 35 CLC (AD)
.... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ...... of the matter we are not inclined to lay our hands. In view of the discussion made above, the petition is dismissed. Ed. The Case is also Reported in: IV ADC (2007) 941. ..Category: Employment/Service Law | Date: | Hits: 72
Md. Samiul Haque and others Vs. Khairul Alam and others, 2006, 35 CLC (AD)
....he appellate Court and thereby restoring the judgment and decree of the trial Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 920. ......as created in favour of the defendant No.1 in the land in suit, that by the said forged and fabricated order defendants have not acquired any title or interest in the land in suit, that in the proceeding initiated upon the application filed by the defendant No.1 in the office of the local Re..Category: Property Law | Date: | Hits: 18
Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ......ntries in one important respect. There are many situations in which, if the English court has jurisdiction, it will apply English domestic law. This is true, for example, of most issues in proceedings for divorce and sepatation, for the guardianship, custody and adoption of minors,..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ......against the said judgment of the High Court Division was granted to consider the principle underlying, and the condition justifying, the making of an order of mandatory injunction in an interlocutory proceeding. 6. Mr. Khondkar Mahbubuddin Ahmed, learned Counsel appearing for the appellants has n..Category: Property Law | Date: | Hits: 31
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
....ny illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. This Case is also Reported in: V ADC (2008) 49. ......t of the provisions laid down in the Code of Civil Procedure and the impugned dated 30.1.2002, in terms of the provision of section 96(13) of the said Act 1950 being an appellable order, the proceeding under Order 9 Rule CPC is not at all maintainable and the High Court Division erred..Category: Property Law | Date: | Hits: 26
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......laintiff has failed to prove his exclusive possession in the land in suit and that suit is not maintainable as both the parties have claimed title to the land in suit. 6. At one stage of the proceeding, in all probability at the appellate stage, plaintiff having had died his heirs moved t..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......ng due consideration on their experiences". 13. The High Court Division can interfere by a writ of certiorari only when the person proceeded against has committed an act or taken a proceeding without jurisdiction or in excess of jurisdiction. We have already noticed that DPE..Category: Constitutional Law | Date: | Hits: 146
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....udgment of this court. The appeal has no substance and should be dismissed. Hence the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: V ADC (2008) 12. ......ate Division) Rules, 1988 is quoted below:- ORDER XXVI REVIEW "1. Subject to the law and the practice of the Court, the Court may, either of its own motion or on the application of a party to a proceeding, review its judgment or order in a Civil proceeding on grounds similar to those mentioned..Category: Procedural Law | Date: | Hits: 107
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....e’s Republic of Bangladesh is directed against the judgment and order dated 18.09.2004 passed by High Court Division in Criminal Miscellaneous Case No. 3880 of 2003 making the Rule absolute quashing the impugned proceeding of Metro, Special Case No.5 of 2000 arising out of GR. No. 103 of ...... Bangladesh is directed against the judgment and order dated 18.09.2004 passed by High Court Division in Criminal Miscellaneous Case No. 3880 of 2003 making the Rule absolute quashing the impugned proceeding of Metro, Special Case No.5 of 2000 arising out of GR. No. 103 of 1995 corresponding to ..Category: Criminal Law | Date: | Hits: 62
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......spondent No.1 filed the above Administrative Tribunal Case No. 44 of 1995 on the averments that while he was serving as the Manager of Sonali Bank, Mongalbarihat Branch, Naogaon a departmental proceeding was started against him by issuing show cause notice dated 16.2.1993 containing allegati..Category: Administrative Law | Date: | Hits: 104
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
....on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ......age for hiding the real purpose of the respondents in inflicting upon the petitioner major punishment for his alleged insubordination, corruption, inefficiency etc. without initiating any proceeding; the High Court Division wrongly relied on the decision reported in 46 DLR (AD) 1 ..Category: Employment/Service Law | Date: | Hits: 71
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ......ed Bangladesh Bank the above position but even then the Bangladesh Bank by notice dated 10.10.95 informed the appellant that his explanation was unacceptable; the appellant thus realizing that the proceeding initiated against him under section 17 of the Act 1991 would not be withdrawn filed Writ..Category: Banking Law | Date: | Hits: 112
Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)
....ere is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 866. ...... allowed they will be deprived of their legitimate right of enjoyment of their valuable properties; it is settled principle of law that amendment of the pleading can be allowed at any stage of the proceeding provided that the amendment, if allowed, would not change the nature and character of th..Category: Property Law | Date: | Hits: 25
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ......and that on 5th Aswin, 1392 BS defendants threatened her to dispossess and thereupon he making query came to know that defendant No. 1 has auction purchased the land although no notice of the proceeding in which auction sale held was served on the plaintiff, that the auction was held beyond..Category: Property Law | Date: | Hits: 22
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