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Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......in presence of the petitioner. The High Court Division in disposing of the Rule also observed "The failure on the part of the petitioner to explain away the delay is a ground for refusing the prayer for condonation of delay. The extension of time is thus a matter of concession of indulgence..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ...... 7. The learned Counsels submit that the area of the suit plot is 5.68 acres and plaintiffs claim only 0.51 acre, as such, the High Court Division illegally and erroneously decreed the suit without prayer for partition. 8. The learned Counsels further submits that in view of the facts and circu..Category: Property Law | Date: | Hits: 75
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......il Revision No.85 of 1987 discharging the Rule and affirming the order passed by the District Delegate and First Court of Subordinate Judge, Chittagong in Probate Case No.186 of 1986 allowing the prayer for adding the respondent to contest the prayer for granting of probate. 2. Facts as follo..Category: Property Law | Date: | Hits: 80
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......207 days. The appellate Court heard both the parties and upon considering the facts and circumstances in the background of which delay of 207 days occurred by the order dated May 27, 1992 allowed the prayer for condonation of delay and thereupon passed the order for registration of the appeal. As ag..Category: Limitation Law | Date: | Hits: 205
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....-Record for the appellants submits that the decree passed by the learned Subordinate Judge was severable and in so far as it relates to the declaratory part, it ought to have been upheld or in the alternative the plaintiffs should have been given an opportunity to pay the ad- valorem Court fee i......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ...... 2. What happened was when the Civil Court was on vacation with effect from 2nd December, 1994 till 2nd January, 1995, respondent Nos. 1 and 2 needed to file a suit against the appellants with a prayer for ad interim injunction and having found the doors of the Civil Court closed moved the Hig..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......ccordingly the said Magistrate submitted his report vide order dated 09-11-2003. It is further stated that the Chief Metropolitan Magistrate, on perusal of the said report allowed the petitioner's prayer for Jimma by his order dated 11-11-2003 with a direction to the Officer-in-charge of Do..Category: Property Law | Date: | Hits: 31
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......d against the judgment dated November 4,1999 of a Division Bench of the High Court Division in First Appeal (Probate) No. 246 of 1996 allowing the same on compromise and thereby Respondent No. 1's prayer for probate in respect of the will of her husband Trailakha Nath Roy was allowed. 2. ..Category: Property Law | Date: | Hits: 62
Samar Uddin and another Vs. State, 2006, 35 CLC (AD)
.... Modaris Ullah of village Goyghar, PS. and District Moulavibazar be enlarged on bail to the satisfaction of the Deputy Commissioner, Sylhet for a period of 6 (Six) months from date. Ed. ......r and not a single impartial witness came to support the prosecution case at trial even though P.W 4 stated that about 1000-1500 persons gathered at the place of occurrence. Regarding the prayer for bail, Mr. Gaffar has submitted that the petitioner No.1 voluntarily surrendered on..Category: Criminal Law | Date: | Hits: 84
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ushed for the rescue of their brother Hafez Shaikh Md. Abdul Wahed and when they reached at Haji Mohsin Road accused persons threw Bombs towards them. Said hafez Shaikh Md. Abdul Wahed had no other alternative but to enter in House No.15, Hazi Mohsin Road where the accused persons also chased hi...... 3. The short facts, leading to these petitions are that on 17.10.1991 in between 5.30 to 6.00 a.m. while informants brother Hafez Shaikh Md. Abdul Wahed after saying his "Fazar" prayer in the Mosque was returning home and reached in front of their house then these three petiti..Category: Criminal Law | Date: | Hits: 25
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... of Further Statutes of Bangladesh University of Engineering & Technology in not holding that the Writ Petition was not maintainable as the writ petitioner respondent No. 1 did not exhaust the alternative remedy. 6. We have heard Dr. Rafiqur Rahman, the learned Counsel for the appella...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......p; and having regard to the fact that the respondents applied to the petitioner to go on voluntary retirement and the leave petitioner having granted their prayer and paid them all their dues entitlements and benefits, the High Court Division was wrong i..Category: Property Law | Date: | Hits: 32
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......the suit property through lessee. 4. Leave was granted to consider the submission that none of the courts below applied their mind to the question of maintainability of the suit as without a prayer for declaration of title to the suit property the suit was not maintainable and the plaintif..Category: Property Law | Date: | Hits: 34
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......d in violation of the order of status quo passed on 23.7.1997 the defendant-petitioner on 24.12.1997 illegally erected houses and structures on the suit land. The defendant-petitioner resisted the prayer submitting, inter alia, that he had his houses and structures on the suit land from before. ..Category: Property Law | Date: | Hits: 34
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...... i.e. seeking setting aside of the preliminary decree as well as the final decree passed in Other Class Suit No. 37 of 1987, were upheld up to the Appellate Division and as such relief so sought in prayer 'ka' of the present suit No. 41 of 2000 is barred by the principle of res-judicata. 7..Category: Civil Law | Date: | Hits: 122
M/s. Standard Match Factory Ltd Vs. Chairman, First Labour Court, Chittagong, 2006, 35 CLC (AD)
....(2) the I.R.O. as in the present case and the High Court Division failed to consider the provisions of section 11 of IRO and that there having been no remedy under I.R.O, the appellant had no other alternative but to invoke the writ jurisdiction and that the impugned judgment of the Labour Court ...... is allowed without an order as to costs and the judgment and order dated 29.8.92 passed by the Labour Court, Chittagong is set aside. The Trade Union Case No. 22 of 1988 is allowed. Ed. ..Category: Labour and Industrial Law | Date: | Hits: 131
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
....ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......t the properties of the Corporation including the one which is the subject matter of the present appeal are not abandoned property and for release from the list of abandoned property and a further prayer for restoration of possession of the properties to the writ-petitioners, that the High Court..Category: Property Law | Date: | Hits: 38
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)
....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... Artha Rin Adalat, Jessore for realization of Tk. 39,32,725.92/- (as on 24.6.1996) impleading as many as 7 defendants including the present Respondent Nos.l and 2 stating, inter alia, that on the prayer of the defendant Nos. 1 and 2 the Bank by its sanction letter dated 16.7.1995 allowed loan o..Category: Banking Law | Date: | Hits: 129
A. Motaleb Howlader Vs. State, 2006, 35 CLC (AD)
.... while passing the impugned judgment and order. We do not therefore find any reason to sustain the attack. 7. The petition, under the aforesaid circumstance, stands dismissed. Ed. ......ssions Judge, Patuakhali within 3 weeks in Criminal Miscellaneous Case No. 1173 of 2002 and therefore, the petitioner surrendered before the Sessions Judge on 12.02.2002 and prayed for bail but the prayer was rejected and thereafter he filed Criminal Miscellaneous Case No. 252 of 2002 before the..Category: Criminal Law | Date: | Hits: 47
University of Rajshahi Vs. Md. Abdul Mannan Bhuiyan and others, 2006, 35 CLC (AD)
....have no respect for the ethics and values of the profession. In the background of the aforesaid discussions the petition for leave to appeal is dismissed with cost of Tk. 15,000/-. Ed. ......strative Law. In that state of the matter he filed an application before the Vice Chancellor of the University on 24.10.2000, (the examination of LL.B (Hon's) in question was held in 2000) with the prayer for re-examination of his answer script of the 13th paper, namely, the Administrative Law, ..Category: Civil Law | Date: | Hits: 97
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