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Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....te-on-Record-For the Petitioner. A.J. Mohammad Ali, Senior Advocate instructed by Syed Mahbubar Rahman-For the Respondents. Civil Review Petition No.72 of 2008. (From the judgment and order dated 04.06.2007 passed by this Division in Civil Appeal Nos. 33-34 of 1997 and 40 of 2000.) Judg......ment decided to disinvest these two industrial units by giving 51% and 49% shares of the said two companies to the said corporation respondent No.3 and the general public respectively. Upon sending a notice of demand of justice on 21.06.1987 the appellants challenged the impugned memo dated 27.05.19......ion No.72 of 2008. (From the judgment and order dated 04.06.2007 passed by this Division in Civil Appeal Nos. 33-34 of 1997 and 40 of 2000.) Judgment Md. Abdul Matin J.- This review petition for leave to appeal is directed against the judgment and order dated 04.06.2007 passed by this Divis..Category: Business or Commercial Law | Date: | Hits: 195
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....tioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 4. Not represented-Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 893 of 2009. (From the judgment and order dated 2.3.2009 passed by the High Court Division in Writ Petition No.7099 of 2007). Judgment M......,90,708/- Sonali Bank started Execution Case No.103 of 1994 against Zaman Textile Mill, the judgment debtor, for realisation of the decretal amount and then in the said execution case several auction notices were published for selling the properties which were mortgaged by the judgment debtor as sec......e, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 4. Not represented-Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 893 of 2009. (From the judgment and order dated 2.3.2009 passed by the Hi..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....Judgment ARM Amirul Islam Chowdhury J.- This appeal being FA No.771 of 1991 at the instance of the plaintiff‑appellant National Bank Ltd. is directed against the judgment and decree respectively dated 31.3.91 and 2.4.91 passed by Mr. Md. Shahidul Hoque, Subordinate Judge and Artha Rin Adalat No......ss‑objection to the decree which he could have taken by way of appeal, provided he has filed such objection in the appellate Court within one month from the date of service on him or his pleader of notice of the day fixed for hearing the appeal or within such further time as the appellate Court ma...... খরচার বলপে ২০০২০০.০০ টাকা বাদীকে আদায় দেন”। 3. It appears that defendant No.5 Abul Kalam Azad presented a Memo of appeal before this Court on 27.6.91 against the judgment and decree passed the aforesaid Money Suit No.528 of..Category: Civil Law | Date: | Hits: 96
Abdul Majid Vs. Local Government and Co-operative Ministry & 4 others, 2009, 38 CLC (HCD)
....লী উন্নয়ন একাডেমি was originally established in the year 1973, under the circular made by the Rural Development and Co-operative Department under Memo No.11/1a-1/73/224 dated 19-6-1973. Subsequently in the year 1987 the Board of Director of the Academy, in its 15th mee......tion, has taken this Court through the statement made in the charge sheet, the report of the departmental proceeding and the reply made by the petitioner in respect of his first and second show cause notice, strenuously argues that the petitioner is a corrupt person and lie has misappropriate the mo......ment and Co-operative Department under Memo No.11/1a-1/73/224 dated 19-6-1973. Subsequently in the year 1987 the Board of Director of the Academy, in its 15th meeting held on 19-12-1987 (Annexure-K), formulated the regulations regarding the service of the employees of the Academy, wherein the power ..Category: Employment/Service Law | Date: | Hits: 64
Abdul Shahid Chowdhury and another Vs. Kazi Khurshed Ali and others, 1979, 8 CLC (AD)
....nt. Civil Petition for Special Leave to Appeal No.163 of 1979. Judgment Ruhul Islam J. - This petition for special leave to appeal is directed against the judgment of the High Court Division dated November 30, 1978 in Civil Revision Case No.43 of 1974 dismissing the application for Review o......The petitioners as contiguous land owners filed an application for pre-emption of the land transferred by the registered kabala dated February 19, 1970 claiming that the transfer was made without any notice to them. The petitioners claimed that they came to know about the sale for the first time on ......t June 22, 1979. Result: The petition is dismissed. Lawyers Involved: Mohammad A. Aziz, Advocate-on-Record-For the Petitioners. Not represented-For the Respondent. Civil Petition for Special Leave to Appeal No.163 of 1979. Judgment Ruhul Islam J. - This petition for specia..Category: Property Law | Date: | Hits: 76
....epresented- the Respondent.
Civil Petition for Leave to Appeal No. 1095 of 2007.
Judgment
Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 29.5.2007 of the High Court Division passed in Writ Petition No.4031 of 2007 rejected the writ......l disposal of the Rule by the order dated 15.5.2004, which was duly served upon the respondents by Agrani Bank but in complete disregard and disrespect to the said order Agrani Bank published auction notice dated 2.3.2007 in the Daily Ajker Kagoj for auction of the petitioners mortgaged properties w......wyers Involved:
T.H. Khan, Senior Advocate (with Omar Sadat, Advocate) instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner.
Not represented- the Respondent.
Civil Petition for Leave to Appeal No. 1095 of 2007.
Judgment
Md. Tafazzul Islam J. - This petition for leave..
Category: Civil Law | Date: | Hits: 77
Md. Arshed Vs. Akbar Hossain Pathan and others, 2008, 37 CLC (AD)
....nted-For the Respondents. Criminal Petition for Leave to Appeal No.205 of 2007. Judgment Mohammad Fazlul Karim. - This petition for leave to appeal is directed against the judgment and order dated 04.03.2007 passed by the High Court Division in Criminal Revision No.1283 of 2003 discharging ...... maintained a revision petition under Section 439 of the Code of Criminal Procedure if he had obtained permission from the Solicitor to make such an application. But no permission is necessary only a notice is to be served upon the Solicitor as to whether the State will file any appeal before the Hi......………Respondents Judgment August 4, 2008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. None represented-For the Respondents. Criminal Petition for Leave to Appeal No.205 of 2007. Judgment Mohammad Fazlul Karim. - This petition for leave ..Category: Criminal Law | Date: | Hits: 75
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....dants. The suit is valued at Tk. 1,65,00,000 and it is stated in the plaint that schedule property was allotted by erstwhile DIT in favour of defendant No.1 vide allotment letter No. DIT/Gulshan/2409 dated 2-3-1962 and it was registered between DIT and the principal defendant No.1 vide lease deed No......being only 27 days left of the time limit for registration the deed of sale as per agreement and out of consideration money defendant has received Tk.38, 20,000, plaintiff thus constrained to issue a notice on 1-12-2003 through his lawyer upon the principal defendant No.1 requesting him to complete ......taks, on 21-3-1962 to Shamsul Kabir Humayun Reza. To grab this land through legal process 3(three) suits have been filed, first of which is Title Suit No.51 of 2004 was filed by MA Hashem on 8-2-2004 for Specific Performance of a Contract against Shamsul Kabir Humayun Reza second one, Title Suit N..Category: Property Law | Date: | Hits: 100
State Vs. Shahin and others, 2010, 39 CLC (HCD)
.... the younger brother of P.W.1 Chunnu Miah, the informant and said used to do various family works and their neighbors Al-Amin, Shahin and others were his friends. At about 2(two) months back from the date of occurrence condemned-prisoner Shahin took Taka 2,00,000 from the father of Biplob in order t......umstantial evidence against Shahin lending to the involvement of killing Biplob. Further at the time of examination under section 342 of the Code of Criminal Procedure the learned trial Judge brought notice to the condemned-prisoner the most incriminating piece of evidence to the effect: “ব......iminal Appeal No. 5492 of 2008. Judgment Enayetur Rahim J. - This reference under section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, Manikganj for confirmation of the death sentence of condemned prisoners namely 1. Md. Lebu Miah, son of Late M..Category: Criminal Law | Date: | Hits: 76
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....pondent No.1. Appeal from Original Decree No.43 of 1979. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of defendant Nos.1 to 6 and 10 is directed against the judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreein......o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......e of defendant Nos.1 to 6 and 10 is directed against the judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule lan..Category: Property Law | Date: | Hits: 55
Most. Shamsunnahar and Others Vs. Abdul Mannan and Others, 2010, 39 CLC (AD)
....ate-on-Record-For Respondent No. 1. Asaduzzaman, Advocate, instructed by ASMK halequzzaman, Advocate-on-Record-For Respondent No.2. Civil Appeal No. 207 of 2004. (From the judgment and order dated 13th May, 2003 of the High Court Division in Civil Revision No. 6768 of 2001). Judgment ......g. So also in regard to breach of trust, undue influence or misrepresentation. General allegations however strong, are insufficient even to amount to an averment of fraud of which any Court will take notice. When a plaintiff is taking a plea of fraud must specifically plead and prove the same. Altho......- Appellants obtained leave from this Court from the judgment and order dated 13th May, 2003 of a Single Bench of the High Court Division in Civil Revision No.6768 of 2001. 2. Short facts relevant for the disposal of the appeal are that one Ghana Mia, predecessor-in-interest of the appellants, in..Category: Property Law | Date: | Hits: 49
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....of the mortgaged property on auction on 18th February, 2003 and ultimately 12th March, 2003 was fixed for sale of the mortgaged property. As no bidder attended in the auction sale on successive three dates on 12th March, 30th March and 14th June, 2003, the decree holder came up with a application th......the decree holder put the decree into execution in Title Execution Case No.26 of 2002 on 7th March, 2002 against the judgment debtors for recovery of a sum of Tk. 2,09,59,112/-. There was publication notice for selling of the mortgaged property on auction on 18th February, 2003 and ultimately 12th M......aser Lt. Col. M.A. Mannan (Retd) and other at the instance of the decree holder Social Investment Bank Limited arise out the same judgment in Writ Petition Nos. 4783 of 2003 and 4803 of 2003 and therefore these appeals are disposed of by this judgment analogously. 2. The respondent No.1 Social In..Category: Civil Law | Date: | Hits: 90
Wahed Ali Vs. Sona Miah, 2009, 38 CLC (HCD)
....ber 13, 2009. Lawyers Involved: Sarder Abul Hossain, Advocate - For the Petitioner. No one - For the Opposite parties. Civil Revision No. 4135 of 2006. (Against the judgment and order dated 6.8.2006 passed the Joint District Judge, third Court, Comilla in Miscellaneous Appeal No. 83......15 years. Recently Rafiqul Islam disclosed that the opposite party Nos.2 and 3 sold the case land to his brother, opposite party No.1 behind the knowledge of the petitioner and without serving any notice to him, a co-sharer in the case holding. After obtaining the certified copy of the sale dee...... proper. 2. Sona Mia, the predecessor of the opposite party Nos.1(a) to 1(ka) as petitioner filed Miscellaneous Case No.67 of 1983 under section 96 of the State Acquisition and Tenancy Act, 1950 for preemption of the case land against the present petitioner as opposite party No.1. 3. The ca..Category: Property Law | Date: | Hits: 91
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
.... Khan J.- This application under section 439 read with section 435 Cr.P.C. filed at the instance of the accused petitioner HM Ershad, the former president of Bangladesh, is directed against the order dated 4.5.92 passed by the Special Judge Dhaka in Special Case No.11 of 1992 under section 242 Cr.P.......uments, such as the statement of witnesses under section 161 Cr.P.C. and list of alamats seized by the police during investigation were before the Court and the accused petitioner had also sufficient notice being in touch with those from before the hearing of the matter. In support of his contention......iminal Revision No. 657 of 1992. Judgment Habibur Rahman Khan J.- This application under section 439 read with section 435 Cr.P.C. filed at the instance of the accused petitioner HM Ershad, the former president of Bangladesh, is directed against the order dated 4.5.92 passed by the Special Jud..Category: Criminal Law | Date: | Hits: 286
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
.....9. Writ Petition No. 1087 of 1992. Judgment KM Hasan J.- The Rule obtained under Article 102(2)(a)(i) of the Constitution of the People's Republic of Bangladesh is directed against an order dated 15.3.92 issued by the Election Commission directing a fresh election of Ward No.3, Musapur Pur......n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......of Musapur Union Parishad, Sandwip, Chittagong. 2. The facts, in short, as stated in the petition, are, that the petitioner along with respondent Nos. 6 and 7 filed nomination papers as candidates for the election to the office of Chairman of Musapur Union Parishad. The said Union Parishad has be..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
....a, Advocate ‑ For the Opposite Party. Civil Revision No. 952 of 1992. Judgment KM Hasan J.- This Rule obtained under section 115 of the Code of Civil Procedure is directed against an order dated 23.3.92 passed by Mr. Md. Aminul Islam, First Additional Assistant Judge, Sadar, Chittagong, i......tenant since 1st November, 1974, at a monthly rent of Taka 125.00. Since July, 1975 the defendant defaulted in paying rent and as the plaintiff had a bona fide requirement of the premises he served a notice under section 106 of the Transfer of Property Act, terminating the tenancy from July, 1978. T...... Judge, Sadar, Chittagong, in Other Suit No.7 of 1991. 2. Facts, as stated in the petition, in short, are, that the plaintiff opposite party No.1 instituted a suit, being Other Suit No.220 of 1978 for ejectment of a tenant, for arrear of rent and compensation. The suit was renumbered as Other Sui..Category: Property Law | Date: | Hits: 50
Rajab alias Rajab Ali and others Vs. State, 2011, 40 CLC (HCD)
....ukder J.- These two Rules, at the instance of the convict petitioners, were issued calling upon the opposite parties lo show cause as to why the impugned judgment and order of conviction and sentence dated 11.11.1991 passed by the learned Judge of Special Tribunal No.3 and Assistant Sessions Judge, ......rom his bail bond. Let the lower Court's record along with a copy of this judgment be sent down to the concerned Tribunal at once. Ed. This Case is also Reported in: 19 BLT (HCD) (2011) 492. ......ers Case No.137 of 1989 convicting the accused-petitioners under section 4(c) of Cruelty to Women (Deterrent Punishment) Ordinance, 1983 and sentencing them thereunder to suffer rigorous imprisonment for 5 (five) years each and also to pay a fine of Taka 3,000/- each, in default, to suffer rigorous ..Category: Criminal Law | Date: | Hits: 86
....r Leave to Appeal Nos. 2033 of 2009.
Judgment
Shah Abu Nayeem Mominur Rahman J. - Instant application under Article 103 of the Constitution is for leave to appeal against the judgment and order dated 27.08.2009 passed in Writ Petition No.6662 of 2008 by the High Court Division making the rule ......ion 3 (gha) the petitioners are entitled to be absorbed into the DPDC Ltd. in accordance to the provisions of Surplus Public Servants Absorption Ordinance, 1985 (Ordinance No. 34/85).
We have also noticed that the petitioners made several applications to the respondents prior to filing this writ ......-For the Petitioners
Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent Nos. 1-6
Not represented- Respondent No.7-36.
Civil Petition for Leave to Appeal Nos. 2033 of 2009.
Judgment
Shah Abu Nayeem Mominur Rahman J. - Instant ap..
Category: Employment/Service Law | Date: | Hits: 62
....represented- Respondent No.2-3.
Civil Petition for Leave to Appeal No.1055 of 2008.
Judgment
MM Ruhul Amin CJ. - This petition for leave to appeal is directed against the judgment and order dated 11th March, 2008 passed by the High Court Division in Civil Revision No.3634 of 2000 dischargi......late Court dismissed the appeal and affirmed the judgment of the trial Court.
7. Being aggrieved the plaintiff moved the High Court Division and obtained Rule which after hearing was discharged as noticed earlier.
8. We have heard Mr. Bivash Chandra Biswas, the learned Advocate-on-Record for t...... Involved:
Bivash Chandra Biswas, Advocate-on-record-For the Petitioner.
Md. Aftab Hossain, Advocate-on-record-For the Respondent No.1.
Not represented- Respondent No.2-3.
Civil Petition for Leave to Appeal No.1055 of 2008.
Judgment
MM Ruhul Amin CJ. - This petition for leave to a..
Category: Property Law | Date: | Hits: 70
Bangladesh Vs. Goutam Kumar Saha and others, 2009, 38 CLC (AD)
.... 2009. Judgment Shah Abu Nayeem Mominur Rahman J. - These two leave petitions under Article 103 of the Constitution are for granting leave to prefer appeal against the common judgment and order dated 26.08.2009 passed in disposing of the Writ Petition Nos.7705 and 7706 of 2006 making the Rules......e. Thus we do not find any substances in the application. Accordingly both the petitions are dismissed without any order as to costs. Ed. This Case is also Reported in: 19 BLT (AD) (2011)169.......ammad Ali, Senior Advocate, instructed by Zahirul Islam, Advocate on-Record- For the Respondent No. 1 (In both cases) Not represented-For the Respondent Nos. 2-3 (In both cases) Civil Petition for Leave to Appeal Nos. 2382-83 of 2009. Judgment Shah Abu Nayeem Mominur Rahman J. - These t..Category: Employment/Service Law | Date: | Hits: 47
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