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Bangladesh Vs. Uttar Jamalgarh Matsajibi Samabaya Samity Limited, 1993, 22 CLC (AD)

....High Court Division is modified to the extent that the com­promise between the two lessees is not binding upon the appellant. Ed. This Case is also Reported in: II ADC (2005) 219. ......August 1983. By this decree the plaintiffs' lease upto 1391 B.S. was held valid and that he would also get renewal of the lease for the next three years, from 1392 to 1394 B.S. Plaintiffs' further prayer for permanent injunc­tion was, however, refused. 3. This decree was challenged by..

Category: Property Law | Date: | Hits: 32

Falguni Majumder Vs. Mokbul Hossain Biswas & ors., 1998, 27 CLC (AD)

.... as well as the judgment and order dated 12.5.92 are set aside and the judgment and order of the lower appellate court is restored. Ed. This Case is also Reported in: II ADC (2005) 203. ......learned Single Judge of the High Court Division by the impugned Judgment and Order dated 6.8.92 summarily rejected the said application for re­hearing of the Rule upon taking a view that on the prayer of Mr. Abdul Mannan Advocate the matter was fixed for hearing on 19.11.91 and thereafter the..

Category: Property Law | Date: | Hits: 30

Mohammad Ali Akhand Vs. Bahatan Nessa Bewa and others, 1997, 26 CLC (AD)

....order of remand of the High Court Division is set aside and the judgment and decree of the lower appellate court are restored. Ed. This Case is also Reported in: II ADC (2005) 195. ......how their alleged settlement in favour of Mofatullah and Harop Ali and made an application for acceptance of the said docu­ments as additional evidence. The learned District Judge rejected the prayer for accept­ance of the additional evidence on the grounds that the documents appeared sp..

Category: Procedural Law | Date: | Hits: 63

Askar Ali & anr Vs. Shamsul Islam alias Md. Shamsuddin and others, 1997, 26 CLC (AD)

....s disposed of the above terms without any order at to cost. Let this order be communicated to the courts concerned at once. Ed. This Case is also Reported in: II ADC (2005)180. ......y;tially the same. Admittedly neither the parties are the same nor the subject matter in the two suits although some of them are common. So this is not a particularly appropriate case in which the prayer for stay of the subsequent suit should succeed. However, having regard to the fact that at l..

Category: Property Law | Date: | Hits: 27

Faruque @ Jamai Faruque Vs. State, 2004, 33 CLC (AD)

.... Faruque and L.M. Liakat Ali Laskor are found not guilty to the charges leveled against them and they are acquitted in this case. Ed. This Case is also Reported in: II ADC (2225) 165. ......itness (P.W. 20) is not true as in his confessional state­ment though he named co-accused Nasir Khan as an assailant of the victim but ultimately Nasir Khan was discharged from the case on the prayer of the prosecution on the ground that at the time of commission of murder accused Nasir Khan..

Category: Criminal Law | Date: | Hits: 45

Khairun Begum and others Vs. Abdul Malik and another, 2003, 32 CLC (AD)

....ult, the appeal is allowed without and order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 143. ......avour of the plaintiff on the ground that the bainapatra was not gen­uine and was not executed by their predecessor Kanu Miah. 2. The defendants appeared and filed an application with a prayer for examination of the signature of Kanu Miah found in the bainapatra with his admitted sign..

Category: Civil Law | Date: | Hits: 72

Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)

....t any order as to costs and the judgment and order passed by the High Court Division in Writ Petition No. 588 of 2000 is set aside. Ed. This Case is also Reported in: II ADC (2005) 83. ......cluding that of appellant Bazlur Rahman were requisitioned in L.A. Case No. 12/60-61 and 32/60-61 for the purpose of developing Lalmatia Housing Estate. On 10.6.1963 appellant Bazlur Rahman made a prayer for allotment of some plot of land to him as it was an admitted condition of the requiring b..

Category: Property Law | Date: | Hits: 30

Bangladesh Vs. Alhaj Shamsul Haque and Others, 2003, 32 CLC (AD)

....ckground of the discussions made herein over there is no substance in the review petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in:II ADC (2005) 48. ......operty as an abandoned property and as such as the listing of the property was not legal the High Court Division was quite legal in setting aside the judgment of the Court of Settlement rejecting the prayer of the Respondent No. 1 for releasing the property from the list of abandoned build­ings. Th..

Category: Property Law | Date: | Hits: 29

Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)

....f the Subordinate Judge allowing amendment of the plaint is restored. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 30. ......ree would be more effective and beneficial if the entire land of the suit plot was included in the sched­ule and all the necessary persons were impleaded as parties in the suit and thereupon a prayer was made for a separate saham of the share of the plaintiff. Accordingly a prayer was added ..

Category: Property Law | Date: | Hits: 56

Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)

....urt Division in making the Rule absolute and directing muta­tion of the names of the respondents are set aside. Ed. This Case is also Reported in: II ADC (2005) 7; I ADC (2004) 337. ......its that after the transfer by sale of the right, title and interest in the disputed premises by Md. Serajuddin, the owner therefore and the predecessor in interest of the writ petitioners, the prayer for mutation of their name as successors in interest of Md. Serajuddin had no legal basis a..

Category: Property Law | Date: | Hits: 35

M. M. Kamruzzaman Vs. The State and another, 2007, 36 CLC (AD)

....y the High Court Division suffers from no such infirmity calling for interference.   Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: ......iled application seeking transfer of the said case from Dinajpur Sessions Division to some other competent Special Tribunal of Sessions Division of the districts as mentioned above. 3. The prayer for transfer of Nari-in-Shishu Nirjatan Daman case pending before the Special Tribunal No.2,..

Category: Criminal Law | Date: | Hits: 61

Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)

....ndents are at liberty to mention the same for early hearing the appeal.              Ed. This Case is also Reported in: ......der of injunction vide order dated 27.10.2005 in this writ petition, restraining the writ respondents from filing up the post of Senior Assistant Director (Admin) till disposal of the Rule. But on prayer of the respondents in Civil Petition For Leave To Appeal No. 941 of 2005, the Appellate Divi..

Category: Employment/Service Law | Date: | Hits: 89

Md. Karam Ali Vs. Md. Abul Hossain and others, 2007, 36 CLC (AD)

.... paper book, as prayed for, is dispensed with. The order of stay passed earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: ...... Dhaka to sign the pay bills of the teachers and the staffs of Begum Ayesha Pilot Girls High School. 2. The High Court Division upon hearing the learned Advocate for the petitioner allowed the prayer for direction to the respondent No.5 to sign the pay bills of the teachers and staffs as Cha..

Category: Civil Law | Date: | Hits: 96

Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)

.... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......re the Court for adjudication on merit or when the necessity or justification or reasonableness of hearing the matter on merit would ought way the hardship to other side in case of condonation, the prayer from the side of the Government for condonation of delay has been considered with somewhat ..

Category: Limitation Law | Date: | Hits: 241

Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)

....ted in the light of the order of the High Court Division in Writ Petition No.9600 of 2007 granting bail and thereupon has been released. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 246.......tition for Leave to Appeal No.146 of 2008 are common and the matter in issue in the Appeal and the Criminal Petition is also common i.e. granting of the bail in the writ petition and rejection of the prayer for bail in a pending Criminal Appeal No. 3990 of 2007 filed against the judgment and order d..

Category: Criminal Law | Date: | Hits: 51

Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)

....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......the respondent No.1 (defendant No.15) disputed the signature of the vendor on the Bainapatra and prayed for opinion of handwriting expert to resolve the dispute. The trial court accordingly allowed prayer by order dated 31.8.2003. The plaintiff petitioner challenged the said order by filing civil..

Category: Property Law | Date: | Hits: 36

Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)

....ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ...... to bring on record the said rele­vant documents for consideration of this Court which unfortunately could not be produced before the Tribunals. 7. In the special facts of the case, the prayer was granted and so also the leave. 8. At the time of hearing of the appeal, however, ..

Category: Employment/Service Law | Date: | Hits: 119

Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)

....d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ...... therefore liable to be set aside."  10. Further the records also show that the respondent prayed before the' Enquiry Officer for calling the records of the case but the said prayer was rejected by the Enquiry Officer. In any view of the matter the instances on particu­..

Category: Administrative Law | Date: | Hits: 94

Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)

.... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ......inst the judgment and order dated 1.3.2001 passed by the High Court Division in Criminal Miscellaneous Case No. 1627 of 2001 filed under section 561A of the Code of Criminal Procedure rejecting the prayer for quashing the judgment and order dated 16.2.2000 passed by the learned Special Tribunal ..

Category: Criminal Law | Date: | Hits: 70

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

....ebt is that it must be a really calcu­lable amount. One consideration of the defini­tions of debt and the facts and circumstances of the case of the High Court Division held that it had no alternative but to hold that the gold and silver ornaments lying with the Bangladesh Bank "can......r succession certificate was filed earlier as Miscellaneous Case No. 203 of 1981 but the same was withdrawn with permis­sion to sue of terse. A fresh petition was there­after filed with the prayer to grant succession certificate. 4. One Haji Tasiruddin Shah was added as opposite p..

Category: Property Law | Date: | Hits: 39