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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. ......e appellant contested the election petition. The tribunal on consideration of the facts and evidence of the case, by its judgment dated 22.8.89, declared the election of the appellant void upon holding that the election at the aforesaid centre could not take place due to disturbance. 3. T..Category: Election Law | Date: | Hits: 102
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
.... learned counsel could not point at any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ...... case under sections 471 and 467 of the Penal Code when admittedly the above Title Suit No. 171 of 1999 as well as CPSLA No.272 of 2000, are pending for hearing and none of the above courts, after holding that the above affidavit filed therein is forged, asked the Metropolitan Magistrate Court t..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......ng the same to proper court. The respondent No.1 opposed the above application by filing written objection. The learned Joint District Judge, after hearing, rejected the above application holding that the respondent No.1 was established by Act No.12 of 1997 as a commercial bank and..Category: Banking Law | Date: | Hits: 101
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......at he had opted for pension and is therefore entitled to get pension and which is not being paid; that he is also entitled to get interest at the rate of 20 percent per annum for wrongful withholding of the benefit. That by an application dated 03.05.1993 the respondent amended his plaint b..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ...... is not a bar against the petitioner and as such the impugned judgment and order of the High Court Division is not tenable in law. He further submits that the High Court Division was wrong in holding that the petitioner having participated in the inquiry proceedings before the inquiry com&s..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......ent of 5,35,000 shares made by the Company was valid and lawful and the petitioner (Respondent herein) at his option was entitled to purchase proportionate shares, on the basis of his existing shareholding in the company from the aforesaid allotted 5,35,000 shares on payment and directing the resp..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ......te Commissioner was accordingly appointed and he also submitted his report. The delay caused was not intentional. 7. The trial court allowed the petition by order dated 24.02.2002 holding that since the Commissioner's fee was not deposited within 60 days as per the order of the ..Category: Property Law | Date: | Hits: 31
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......tention of the pre-emptee that even if the transaction sought to be pre-empted is considered sale but then too the pre-emptor's prayer is not maintainable since he ceased to be the co-sharer of the holding during the pendency of the Miscellaneous case by making gift of his share to the extent of ..Category: Property Law | Date: | Hits: 24
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......tained the Rule and ultimately after hearing the Rule was discharged. 6. Leave was granted to consider the submission that the High Court Division failed to exercise jurisdiction in not holding that the lower appellate court committed error of law in refusing to accept the basic docu..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......the plaint showing cause of action on the basis of facts alleged, the truth of which is to be determined on evidence to be adduced during trial, the High Court Division committed error in not holding that the trial court was wrong in rejecting the plaint. 8. He thereafter submits that..Category: Business or Commercial Law | Date: | Hits: 121
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....s shown with boundaries and also failed to reverse the finding of the appellate court about partition. He further submits that the High Court Division failed to appreciate that co-sharership in a non-agricultural land ceases on partition. The learned Counsel lastly submits that the High Court Divi......wner, that land of plot No. 5351 was partitioned by a registered deed of partition amongst all the co-sharers before the impugned kabala dated 23.1.1983 and there has been separation of the holding and the parties are in enjoyment separately by constructing different structures having se..Category: Property Law | Date: | Hits: 35
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....urt in holding the accused respondent as guilty and in doing so there has been miscarriage of justice. " Preparation of paper book is dispensed with as prayed for. Ed. ......g the appeal thereby acquitting the accused respondents of the charge under sections 409/109 of the Penal code read with Section 5(2) of Act II of 1947. 3. The facts, in brief, are that after holding enquiry in connection with E/R No. 102/87 Mohiuddin Ahmed, District And Corruption Officer..Category: Criminal Law | Date: | Hits: 35
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......to file and maintain the writ petition. 8. Dr. A. K. M. Mohammad Ali, learned Advocate appearing for the petitioner on the other hand submits that the High Court Division Committed error in holding that the petitioner described himself incorrectly and unauthorisedly as superintendent of t..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......ate, appearing for the petitioner, having referred to the impugned judgment of the High Court Division, contended that the learned Judges of the High Court Division committed an error of law in not holding that the respondent No.4 filed an application before the Joint Registrar number..Category: Constitutional Law | Date: | Hits: 162
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)
.... be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further period of 6 (six) months from date. Ed. ......ars through their predecessors acquired title in their favour and as such the suit is liable to be dismissed. 4. The trial Court decreed the suit by judgment and decree dated 20-06-1999 holding that R.S. khatian stands in the names of plaintiffs and defendants being permissive pu..Category: Property Law | Date: | Hits: 32
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. ......and the petitioners i. e. the writ respondents were selected on the basis of merit. It was further stated that in case of excessive number of candidates there was, under the rule, necessity of holding examination but in the instant case there being 49 candidates against four posts there was ..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. ......tion or status quo, the High Court Division erred in affirming the order of mandatory injunction passed by the trial court. 6. Lastly, he submits that the High Court Division erred in holding that order passed by the Appellate Court for maintaining status quo remained in force even ..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. ......he learned Attorney General appeared and made submissions on behalf of the respondent Nos. 1 to 3. A Division Bench of the High Court Division after hearing the parties made the rule absolute holding, inter alia, that the learned Attorney General after reading the rule, report of the Suprem..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......her any of the parties in the suit asserting that .85 acre was acquired, nor the courts below coming to a finding of acquisition of .85 acre, the High Court Division committed error of law in holding that the vendor of the plaintiffs had no saleable interest upon a misconception that 'Hukum..Category: Property Law | Date: | Hits: 40