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Mohammad Sharif, s/o Barkhurdar Vs. Mohammad Ashraf, 1973, 2 CLC (AD)

.... to the Court of Sessions Judge for trial on charges punishable with death or transportation for life, his bail may be can­celled. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 71. ......ilege of bail and I have granted the temporary liberty. Surely he can forfeit the privilege if he violates the conditions of bail which is not alleged in this petition." 4. In support of the prayer for leave to appeal, it is urged that the learned Judge had miscons­trued the accusation mad..

Category: Criminal Law | Date: | Hits: 60

Asif Ali, s/o Ahmed Ali Vs. State, 1973, 2 CLC (AD)

....ult. For the reasons stated above, I do not think that the matter calls for our interference. The appeal is dismissed. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 68. ......ch there, amounted to a denial of the opportunity to the appellant or his counsel of being heard. The further point is whether after the refusal by the learned Single Judge to adjourn the case on the prayer of the learned counsel, and the direction to him to proceed with the case, which the latter a..

Category: Criminal Law | Date: | Hits: 78

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......herefore the learned Judge of the High Court acted with impropriety in allowing bail to respondent No 1 disregarding the earlier decision of the Supreme Court on the question and earlier rejection of prayer for bail by another Judge of the High Court. ……………(14 & 16) Case Referred to: ..

Category: Criminal Law | Date: | Hits: 96

M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)

....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8.  This petition is therefore dismissed. Ed. ...... of the Code of Civil Procedure for correction of plaint, judgment, decree and other relevant documents of Title Suit No. 143 of 1990 and the Executing Court by its order dated 9-3-2000 allowed the prayer of the decree holder Bank and directed the plaintiff to correct the schedule of the plaint a..

Category: Banking Law | Date: | Hits: 112

Popular Biscuit Ltd Vs. Biximco Bremer Export Contor Brand, Repprecht Gmbh & ors, 2006, 35 CLC (AD)

.... Court Division in staying the suit can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 743. ......tion 34 of the Arbitration Act praying for stay of the suit referring to arbitration clauses as contained in the contract dated 2.5.1984. The appellant by filing written objection opposed the above prayer contending, amongst others, that the respondent Nos. 3-6 earlier by filing several applicat..

Category: Business or Commercial Law | Date: | Hits: 94

Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)

....out any order as to costs and the suit is decreed without any costs.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 173.  ......houses thereof and that the suit land has not been leased out to anybody treating the same as vested property. The trial Court, however, simply treating the suit to be of declaration of title with prayer for confirmation of possession and without considering the evidence on record held that the ..

Category: Property Law | Date: | Hits: 53

Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)

....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......ted to consider the following submissions: 18. That the High Court Division gratuitously declared Regulation No.11A(2) of the Regulations as ultra vires of the Constitution without there being any prayer or case made out by the respective respondents in their writ petitions and, as such, the said..

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh and others Vs. Dr. Shamima Sultana Rita, 2002, 31 CLC (AD)

.... Appeal has become infructuous and accordingly, dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 151.  ......n and affidavit by the Investigation Officer is very much necessary.   6. We have gone through the available materials and it appears that the writ petition was moved with a prayer for issuing Rule upon the respondents to show cause as to why the detenu now detained in Dha..

Category: Criminal Law | Date: | Hits: 65

Giasuddin and another Vs. State, 2002, 31 CLC (AD)

....on.   There is no merit in this petition and the same accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 146. ......esent he came to know that on 18-4-1990 at about 10 in the morning deceased Mostafizur Rahman along with Member Helaluddin came to Bazar at about 11-00 AM where Mostafizur Rahman offered his Johar prayer at the Bazar Mosque and then started for his home. At about 14:30 hours when he reached Khir..

Category: Criminal Law | Date: | Hits: 47

Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)

....ame are allowed.   There is no order as to cost.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 126.  ......4 of 1985 reversing the judgment and order dated 30th April, 1985 of the Additional Court of Munsif, Sadar Sylhet in Miscellaneous Case No. 12 of 1985 and Miscellaneous Case No. 1 of 1985 allowing prayer for pre-emption sought under section 24 of the Non-Agricultural Tenancy Act, 1949 by the res..

Category: Property Law | Date: | Hits: 55

Kazi Shahjahan (Md) and another Vs. Md. Khalilur Rahman Madbar and others, 2002, 31 CLC (AD)

.... is no merit in this petition and the same is accordingly dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 125.  ...... the pleadings of the parties the learned Subordinate Judge started trial and recorded evidence of the witnesses and when he was about to dispose of the case on merit the present petitioners made a prayer for rejection of the application for pre-emption under Order 7 Rule 11 of the Code of Civil ..

Category: Property Law | Date: | Hits: 49

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

.... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ......ing failed to dissuade BRI from proceeding with the construction filed Title Suit No. 187 of 1962 in the Court of Subordinate Judge, Dhaka on 24th December, 1962 seeking declaration of title with the prayer for injunction restraining the defendants from disturbing the peaceful possession of the Soci..

Category: Property Law | Date: | Hits: 54

Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)

....he High Court Division. In aforestated view of the matter this petition is dismissed with the observations made hereinbefore. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 88. ......price bid of the petitioner for evaluation and the same, as submitted by the learned the petitioner, has already been done. 7. The Chittagong Port Authority later on filed an application with the prayer for dismissal of the leave petition for non prosecution and this Division by the order dated ..

Category: Others | Date: | Hits: 130

Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)

....dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ......filed merely to obtain an order of remand to fill in the lacuna in evidence and the record containing full evidence for a proper judgment in the case the High Court Division was wrong in allowing the prayer for amendment of plaint and in remanding the case back to the trial Court affording the plain..

Category: Procedural Law | Date: | Hits: 114

Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)

....dit in this suit concerning dispute between the buyer and seller. The petition dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 70; 22 BLD (AD) 2002, 89.  ......Rafique-ul-Huq, the learned Counsel appearing for the respondents, submitted that the defendant Nos. 1 and 2 who were beneficiaries of the proceeds of the letter of credit and against whom specific prayer was made have not been served with any notice prior to the issuance of the order of attachm..

Category: Civil Law | Date: | Hits: 115

State Vs. Monu Miah and others, 2001, 30 CLC (AD)

....ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ......osecution next introduced PW 4, Md Hossain who saw accused talking in a low voice in front of the house of the house of accused Monu Meah on 14th Jaistha at about 11-30 while he was going to say Juma-prayer. This PW 4 did not stated to the investigation officer that he saw accused Monu Meah, Abdul A..

Category: Criminal Law | Date: | Hits: 59

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....se appeals.   Accordingly, the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ......ner in an indirect way wanted to gag the functioning of the bank. It is well settled that a relief to which one is not entitled directly cannot also be given to that person indirectly and from the prayer portion it is abundantly clear that the writ petitioner wanted to gag incorporation of the b..

Category: Constitutional Law | Date: | Hits: 199

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

....that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ......Regulation and then removed the plaintiff-petitioner and as such the suit for declaring the order of removal as illegal is not maintainable and at  best  there  could  be  prayer for compensation of damage, if any. 10. He further submits that the respondents cons..

Category: Employment/Service Law | Date: | Hits: 78

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......his appeal by leave is against the judgment dated November 12, 1998 of a Single Bench of the High Court Division in Civil Revision No.3339 of 1992 making the Rule absolute and thereby allowing the prayer for rejection of the plaint of Other Class Suit No. 82 of 1991 of the Court of Senior Assist..

Category: Civil Law | Date: | Hits: 77

Government of Bangladesh and others Vs. A.K.M. Fazlul Haque, 2006, 35 CLC (AD)

....stance in the appeal in order to interfere with the impugned judgment and order of High Court Division. 24. The appeal is, accordingly, dismissed without any order as to cost. Ed. ...... enquired into and by order dated 1.6.1995 he was retired from service. The respondent filed Administrative   Tribunal Case No.84 of 1996 before the Administrative Tribunal; Dhaka with a prayer for setting aside the order of retirement dated 1.6.1995.  The Administrative Tribunal..

Category: Administrative Law | Date: | Hits: 124