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Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)
....e plaintiff petitioner to deposit the balance cost of Tk.1,500/- before 4.30 P.M. on 15.07.1997. The plaintiff petitioner having failed to deposit the same in such a short span of time had no other alternative but to apply once more for time to deposit the rest of the C.P. cost but the clerk of t......learned District Judge was pleased to grant time on 30.06.1997 when the plaintiff petitioner deposited Tk.500/-under receipt No.475 dated 30.06.1997 as part payment of C.P. cost of Tk.3,000/- with prayer for 15 days time to deposit the balance cost when the learned District Judge, was pleased to..Category: Civil Law | Date: | Hits: 85
Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)
....nd no substance in submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 54. ......was sent to the petitioner. The petitioner filed an application to the authorized officer on 17.08.2004 praying for time for this appearance due to his sickness. But without paying,any heed to his prayer for time the special meeting was held on 19.08.2004 and resolution was sent to the Upazila N..Category: Criminal Law | Date: | Hits: 32
M/S. S. Rahman & Company Limited and another Vs. UCBL and ors., 2008, 37 CLC (AD)
....ightly corrected by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009)51. ......medy under Sections 151/152 of the Code of Civil Procedure. The High Court Division has rightly found that the respondent No.1 acted without jurisdiction in passing the impugned order allowing the prayer for setting aside the final decree under Sections 151/152 of the Code of Civil Procedure. ..Category: Property Law | Date: | Hits: 37
Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)
....regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ...... declaration of title in respect of 10.47 acres of land out of 13.14 acres of land is not maintainable, as from the evidence of P.Ws it is clear that the suit land is ejmali property and without a prayer for partition the suit is barred by section 42 of Specific Relief Act. The trial court and t..Category: Property Law | Date: | Hits: 28
Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)
.... or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 111. ......e plaint and during pendency of the above suit the Plaintiff respondent filed an application praying for injunction and the learned Joint District Judge, by order dated 24.7.2004, allowed the said prayer; being aggrieved the defendant petitioner No.18 preferred Miscellaneous Appeal No. 296 of 20..Category: Property Law | Date: | Hits: 27
Md. Harun-Or-Rashid Vs. Bangladesh, 2008, 37 CLC (AD)
....llant hopelessly failed to prove his case, so there being no substance the appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 58. ......uit No.314 of 1991 in the Court of Assistant Judge, First Court, Bogra on the same cause of action and ultimately prayed for withdrawal of the same and the Court by order dated 13-11-1997 allowed the prayer for withdrawal of the suit. Thereafter, the appellant came to know on 01-12-1996 that the pro..Category: Tenancy Law | Date: | Hits: 155
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 54. ......defendant Nos. 1 and 3-7 that while dispute arose between Keramat Ali and the plaintiffs, predecessor Mojibul Haque, Mojibul Haque filed a case in the Court of Sub-Divisional Magistrate with a prayer for demarcating his share to the extent of 0.505 acre and that in presence of the parties t..Category: Property Law | Date: | Hits: 23
Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)
....t No.1 as writ petitioner was that while serving in Bangladesh Army he applied for allotment of a plot in Johar-sahara residential project on 10.12.1991. Thereafter, at his request he was allotted an alternative Plot No. 281/C at Mohakhali D.O.H.S on 23.05.1993. Vacant possession was delivered and......iation filed an application to the authority for considering joint allotment of the plot canceling the single allotment in his name which the authority in terms of letter dated 13.10.1994 allowed the prayer of the writ petitioner and cancelled the earlier allotment in his own name and registered dee..Category: Property Law | Date: | Hits: 74
Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)
....not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ......he Artha Rin Adalat and started the said execution case in which the said property was advertised for sale in auction to be held on 28.3.2006. The aforesaid respondents filed an application with a prayer for allowing them to pay the decreetal amount keeping in view or on the basis of section 47 ..Category: Property Law | Date: | Hits: 19
Shabul Miah Vs. State, 2008, 37 CLC (AD)
.... interfere with the findings and decision of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 986. ......e, in brief, is that on 12.11.2000 at about 6.00A.M. the informant along with his brother Abdun Nur @ Bhola, nephew Muktadir and others were returning home from the village mosque after Fazar prayer following the night of shab-e-barat and while they reached at the front of the house of accu..Category: Criminal Law | Date: | Hits: 39
Rafique Hawlader @ Rafique Contractor and others Vs. State, 2008, 37 CLC (AD)
....he learned Advocate for the petitioners found to have no merit and accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 977. ...... police without any legal evidence submitted charge sheet against them along with others and prayed for their discharge. The learned Judge of the trial Court after hearing the parties rejected the prayer observing that the case is under section 302 of the Penal Code and except evidence the accus..Category: Criminal Law | Date: | Hits: 31
Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)
....t up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ......ty to file application before the Registrar of Trade Marks praying for registration with a new design, colour scheme, get up and wrapper and Registrar shall be at liberty to consider the prayer for the petitioners in accordance with law. Ed. This Case is also Reported..Category: Intellectual Property Law | Date: | Hits: 306
Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)
....t No.1 as plaintiff filed Other Class Suit No. 180 of 1996 in the court of the learned Senior Assistant Judge, Sadar, Mymensingh for correction of two registered deed dated 5.6.1986 or in the alternative for declaration of title in the suit land alleging, inter alia, that the suit land...... at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 952. ..Category: Property Law | Date: | Hits: 24
AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)
....9 that defendant No.1 was secretly trying to dispose of the suit property behind his back and in order to protect the suit property he filed the suit on 16-8-1979 for the aforesaid declaration. ...... January 16, 2007. The Code of Civil Procedure, 1908 (V of 1908), Order VI, rule 17 The High Court Division ought to have allowed the application for amendment of the plaint with prayer to adduce additional evidence because such amendment is necessary for determining the real q..Category: Procedural Law | Date: | Hits: 173
....illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
......ss due to shortage of supply of gas and accordingly not in a position to deposit the 2nd installment of Tk. 15,00,000/- by 20.4.2003 prayed for further time but the High Court Division, rejecting the prayer for time, vacated the order of stay holding that because of the default of the petitioner, th..
Category: Civil Law | Date: | Hits: 120
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......uit for declaration of title and for recovery of khas possession. 4. After the filing of the suit an application seeking injunction was filed and the defendants contested the said prayer of injunction by filing written objection stating, inter alia, that the land in suit includi..Category: Property Law | Date: | Hits: 25
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......Kha' ad 'Ga' schedule attached to the plaint. The plaintiffs further prayed for declaration of title, confirmation of possession and partition of the land of 'Kha' and 'Ga' schedule along with the prayer for partition of the land of 'Ka' schedule. 21. The learned Advocate-on-Record sub&sh..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......e date when the auction-sale was set aside on 16-6-1969 by the Board of Revenue, the suit was hit by section 42 of the Specific Relief Act as the plaintiff-respondent No.1 failed to make a further prayer for setting aside the said order dated 16-6-1969 by which the Board of Revenue set aside the..Category: Property Law | Date: | Hits: 42
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....Advocate for the accused appellant took it back and filed the aforesaid writ petition. The learned Judges of the High Court Division having summarily rejected the writ petition held that there was an alternative remedy of appeal under section 30 of the Special Powers Act and the writ petitioner not ...... brother Mohammad Fazlul Karim J. Order of the Court The appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 17; 29 BLD (AD) 2009, 23. ..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......ted the plea of recounting of ballot papers 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by judgment and order dated 24.07.2005 allowed the prayer for recounting of ballot papers on depositing Tk. 300.00 by the election petitioner. 5.&nb..Category: Election Law | Date: | Hits: 159
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