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Meghna PET Industries Ltd and others Vs. Md. Mostafa Kamal & others, 2007, 36 CLC (AD)
....faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ......faulter borrowers. Accordingly, the application for dismissing the civil petition for leave to appeal Nos. 477-478 of 2005 is allowed. Both the civil petitions are dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Abu Taher Chowdhury & others Vs. State, 1990, 19 CLC (AD)
....rate in absence of the Upazila Magistrate that day. PW 18, UNO said that on that particular day he had taken the "Police file only"; he denied the suggestion that he was influenced by Chairman of the local Union Parishad in recording the statement of PW3 and that the statement he recorded was not ......l Bari it was found that Zafar had not gone there the previous night; on further enquiry it was learned that he had not passed his night in his medicine shop as well. After thorough search his dead body was found in the south-east corner of a tank named "Kumaria Tank", which is about 250 yards s..Category: Criminal Law | Date: | Hits: 74
Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)
....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..Category: Election Law | Date: | Hits: 122
Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)
....t with deadly weapon like pipe gun, knife, tangi etc. One of the FIR named accused fired revolver shot upon the victim causing serious injuries. Thereafter, while the victim was being taken to the local hospital for treatment, on the way he died on receipt of the FIR Iswardi P.S. Case No.06 date......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this application. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 41
Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)
....oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ......oncerned for extension of time limit for completion of formalities and the concerned authority may consider the prayer in accordance with law if found tenable in law. Ed. ..Category: Banking Law | Date: | Hits: 124
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ment) Act, 1974 inasmuch as the definition of public servant as given in section 2(d) of the Act clearly includes a person who is in the service of any corporation or nationalized industry or local authority and therefore the Government in the Ministry of Civil Aviation and Tourism was just....... Mustafa Kamal, J. (as he then was), speaking for the Court, answered it in the following terms: "—If regulation 53 had provided that the competent authority of a statutory body may exercise the same powers as are exercised by the Government under section 9(2) of th..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......hich is number process of acquisition and as such notices under Section 3 of the Ordinance have been served on 22.05.2002 for the purpose of requisition and acquisition and that the requiring body has no malafide intention and that the objections filed by some of the writ petitioners h..Category: Property Law | Date: | Hits: 31
Abul Khair Vs. State, 2005, 34 CLC (AD)
....learned Session Judge Chandpur in Sessions Case No. 8 of 1989 is set aside and the appellant is acquitted and he is set free, if not wanted custody in connection with any other case. Ed. ......re serious contradictions in the evidence of eye witnesses that is P.W.2,4,5 and 6 and the prosecution failed to prove its case with regard to the infliction of dagger blow by the appellant on the body of the victim as such the order of conviction against the appellant is liable to be set aside...Category: Criminal Law | Date: | Hits: 52
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....e background of the provision of section 64(1) of the Ordinance the Deputy Commissioner initiated a Miscellaneous Case being Miscellaneous Case No.28 of 2002 under the provision of the Government and local Authority Lands and Buildings Recovery of Possession Ordinance, 1970 (Ordinance No. 24 of 1970......ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ..Category: Trust/Waqf Law | Date: | Hits: 228
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....nd the notice for sale of the same (Annexure Q) published in the daily newspaper "Dainik Bangla" on 12.4.90. 3. Facts of the case, briefly, as in the writ petition are, that the BSB sanctioned a local currency loan of Tk. 23,00,000/- to the petitioner for setting up a light engineering workshop......imed by the Bank is not disputed by the petitioner, we do not find any merit in the contention raised. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 221 ..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....ank, respondent no. 1 on 30.12.78 for the said purpose. Under an agreement with the Bank, the vessels were mortgaged/hypothecated with it and the petitioners undertook to repay the entire foreign and local currency loans in 16 equal half-yearly instalments commencing from 13.9.81. The vessels arri......pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ..Category: Banking Law | Date: | Hits: 94
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
..... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ....... The writ petition will be heard as a motion as soon as the business of the Court permits. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 211. ..Category: Election Law | Date: | Hits: 102
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant under section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ...... From the Sadar hospital the deceased was taken to the Combined Military Hospital at Jessore where he died in the night following 26.3.81. PW 10 Mujibar Rahman, OC Fultala PS held inquest on the dead body of the deceased Sakhawat Hossain on the morning of 27.3.81 and sent the same through constable ..Category: Criminal Law | Date: | Hits: 44
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
....ssing the jail appeal. 2. The prosecution case, in brief, is that the informant P.W.1 Md. Gous Uddin lodged F.I.R. stating that deceased Md. Abu Salem Shablu who was a student of Class-VI of local Darul Ulum Kowmi Madrasha, used to say his prayers regularly in the local mosque of the villa......he floor with bleeding injuries. On getting such information, the informant went to the place of occurrence and after breaking open the door, entered inside the Ice Cream Factory and found the dead body of the deceased with grievous injuries on his neck and also found wooden stick in the rectum ..Category: Criminal Law | Date: | Hits: 57
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....-3 also with ill motive claimed right, title and interest in the suit land and also threatened with dispossession. As a result, there was a dispute between the parties, and at the instance of local leaders both parties agreed to settle the dispute through arbitration. Proforma respondent No......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..Category: Property Law | Date: | Hits: 41
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....nd the learned Single Bench of the High Court Division rejected the same by the impugned order. 8. Leave was granted to consider the submission that having regard to the fact the local investigation was actually carried out and report thereto was submitted and as such the learn...... Containing Plot Nos. 600-699 of Char Mominpur is forged, concocted and collusive and also prayed for permanent injunction restraining the defendants from leasing out the suit land to anybody and also from disturbing plaintiffs' possession in the suit land. 3. The defendant No.1 ..Category: Property Law | Date: | Hits: 31
A. K. M. Fazlul Hoque and others Vs. Bazlur Rahman, 2006, 35 CLC (AD)
.... 23 dated 8.5.2004 passed by the learned Additional District Judge, 7th Court, Dhaka in Title Appeal No. 88 of 2003 rejecting the application dated 25.6.2003 filed under Order 39 Rule 7 praying for local inspection and directing the learned Additional District Judge to treat the above applicatio......Operation of the judgment and order dated 25.04.2005 passed by the High Court Division in Civil Revision No.1794 of 2004 is stayed till hearing of the appeal. Ed. This Case is Also Reported in: ..Category: Civil Law | Date: | Hits: 116
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
.... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......ment and order passed by the High Court Division is liable to be interfered with by this Court." "Because the Bangladesh public Service Commission is a self Governed constitutional body and that the PSC recommended the present petitioners as per provision of law as incorpora..Category: Employment/Service Law | Date: | Hits: 86
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......rned Senior Advocate appearing for the petitioners in Civil Petition No. 392 of 2005 submits, inter alia, that an order of mandatory in junction is very sparingly allowed. It can be granted if any body is dispossessed in violation of the order of injunction but in the instant case there was no o..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......onstrained to file the instant petition. 6. He further submits that the order of the President of the Republic based on the information of the Supreme Judicial Council, the apex of apex body i.e. Supreme Court, cannot be subject matter of the writ petition. Moreso there being other ef..Category: Others | Date: | Hits: 97
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