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Shahid Hamid Vs. Nilufar Momtaz, 2008, 37 CLC (AD)
....It was her case that the petitioner ousted her from his mess and she lodged a G.D. Entry with Kafrul Police Station to that effect and it was her further case that since 2005 she had not been given any maintenance and that while she was living alone she received a registered talaknama on 19.3.20......any error of law or infirmity in the decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 33. ...... effect and it was her further case that since 2005 she had not been given any maintenance and that while she was living alone she received a registered talaknama on 19.3.2006. Following talaque a proceeding was started before the City Corporation, Dhaka and the marriage tie ended on 22.5.2006. ..Category: Family Law | Date: | Hits: 188
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....intiff came to know that for acquisition of 1.24 acres of land including the land in suit LA Case No. 2 of 1924-25 was initiated but no compensation was paid, nor possession was taken over by any authority, that later on in 1962 another proceeding for requisition was started, but the same w......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. .......24 acres of land including the land in suit LA Case No. 2 of 1924-25 was initiated but no compensation was paid, nor possession was taken over by any authority, that later on in 1962 another proceeding for requisition was started, but the same was dropped by the defendant No. 4 by his lett..Category: Property Law | Date: | Hits: 25
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....d auction purchase of suit property. The defendant No. 2 also failed to prove her source of income, Minimum evidence as to source of income was led by defendants. Even the defendants did not state any thing in W/S as well as in examination in chief in this regard." 10. The Appellate C......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......endant No.1. The appellate Court observed that without impleading all the heirs of Faizuddin the money suit was filed and accordingly, all the heirs of Faizuddin were not made party in the auction proceeding and the auction was held at a time when plaintiffs were minor and they were not properly..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....7 acres of land from the aforesaid land auction-purchased by him. The said land was wrongly recorded in the name of defendant Nos. 1 and 2 and Ramjan Ali. The record of right was wrong and without any basis. 5. The defendant-appellant before this court contested the suit by filing written......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....y brother Md. Joynul Abedin J. In the totality of the facts of the case I am of the view the writ petitioner was neither in abscondence nor a fugitive while moving the writ petition, since he was, in any respect, not fleeing or running away from the law or the Court, or avoiding process of the Court......d from custody on execution of bail bond, the law enjoins upon him to be present before the Court on the date fixed for his presence and that to keep himself at his level aware of up-to-date position/stage of the proceeding and to take step(s) required by the law in the proceeding wherein he has obt......y on execution of bail bond, the law enjoins upon him to be present before the Court on the date fixed for his presence and that to keep himself at his level aware of up-to-date position/stage of the proceeding and to take step(s) required by the law in the proceeding wherein he has obtained his tem..Category: Anti-Corruption Laws | Date: | Hits: 139
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....ation) Order, 1972 (P.O. No. 27 of 1972) when a winding up order has been made, no suit or other legal proceeding shall be proceeded with or commenced against a scheduled industrial enterprise or any industrial enterprise placed under a Corporation by an order under clause (1) of Article 10 and ......t decision. There is no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 875. ......roceeded with or commenced against a scheduled industrial enterprise or any industrial enterprise placed under a Corporation by an order under clause (1) of Article 10 and all suits and order legal proceedings pending against such an enterprise on the date of winding up order shall abate. The tria..Category: Tenancy Law | Date: | Hits: 148
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
....udges of the High Court Division failed to appreciate that the respondent No. 1 remained absconding for more than nine years continuously from 23-11-1979 to 11-05-1988 and he was not entitled to get any relief as prayed for and it is argued that the learned Judges of the High Court Division having ......round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......r dated 23-01-1991 (vide Annexure-E of the writ petition) was passed by Executive Engineer (Irrigation), BADC, Brahmanbaria Region and it was very much legal because of the fact that the departmental proceeding was drawn against the respondent No.1 wherein he was found guilty for misappropriation of..Category: Employment/Service Law | Date: | Hits: 87
Rafique Fakir and others Vs. State and others, 2005, 34 CLC (AD)
.... for the Appellant that: "that the High Court Division failed to appreciate that the concerned documents were produced before the Settlement Officer Which is a revenue Court and any cognizance without complaint from that revenue Court is illegal. It is submitted that the ju...... we find substance in the submission of the learned Advocate-on-Record. Accordingly, these appeals are allowed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 239. ......e Magistrate and were enlarged on bail. The appellants then moved the High Court Division in Criminal Revision No.724 of 1997 under section 561 A of the Code of Criminal Procedure for quashing the proceeding but the rule was discharged on 12.8.1998 3. The leave was granted to consider the..Category: Criminal Law | Date: | Hits: 45
Md. Mokaddas Ali and others Vs. Artha Rin Adalat (Sub. Judge) Dinajpur & ors, 2006, 35 CLC (AD)
.... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ...... correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 237. ......n in Writ Petition No.4782 of 1999 discharging the Rule. 2. In the writ Petition an order dt. 12.10.1999 Passed by Artha Rin Adalat and Joint District Judge, Dinajpur, respondent No. 1 in a proceeding under Order 21 Rule 89 of the Code of Civil Procedure being Miscellaneous Case No. 16 of..Category: Civil Law | Date: | Hits: 92
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
....he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......are that the respondent No.2, Janata Bank, instituted the above suit for realisation of Tk.22,52,700.48 by selling the mortgaged property. The suit was decreed ex parte against the defendants. On a proceeding under Order 9 Rule 13 of the C.P.C. the suit was restored. Thereafter the defendant No. ..Category: Civil Law | Date: | Hits: 78
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
....rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......rs could take resort to the appropriate forum for the purpose. With this observation this petition is disposed of. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 197. ......03 passed by the High Court Division in Writ Petition No.2299 of 2003 summarily rejecting an application under Article 102 of the Constitution of the People's Republic of Bangladesh challenging the proceeding initiated under Madhabpur Police Station Case No. 06 dated 03.01.2003 under section 5(1)..Category: Criminal Law | Date: | Hits: 41
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rs of the Judges of the Supreme Court in the like manner as those of the P.A.-Cum-Stenographers of the Secretary and Joint Secretary have to perform duties similar in nature and there should not be any discrimination in matters of granting such Special Allowances to the petitioner; by notificati......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......e can invoke the law under which he is proceeded against which cannot be opposed to fundamental rights and the Tribunal is competent to enforce the statute. The matter arising from a departmental proceeding relating to terms and conditions of service of the petitioner the High Court Division r..Category: Employment/Service Law | Date: | Hits: 104
Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)
....itle suit and consequently the title suit being the suit of the plaintiff, the plaintiff was quite competent to seek withdrawal of the suit under Order 23, Rule 1 of the Code of Civil Procedure at any stage and that being the provision of law the trial Court was in error in rejecting the prayer ......y in the revisional application with the prayer for appointment of sole Arbitrator and the parties to the Miscellaneous case mutually having had agreed sole Arbitrator was appointed but at certain stage the petitioner before the High Court Division lost confidence in the sole Arbitrator and ther......before the Court on July 20, 1998. As against the award it was alleged that the sole Arbitrator with malafide intention did not file the award even after lapse of 10 months since the closing of the proceeding but filed the award on the day following the day of the filing of the application for h..Category: Alternative Dispute Resolution | Date: | Hits: 222
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....rt but the defendant having failed to submit such order filed another application on 30.5.98 praying for further adjournment which being rejected she did not contest the arbitration proceeding any further. Then the Sole Arbitrator, on hearing the plaintiff, by order dated 30.5.2001, passed ......is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 786. ......rom the Court but the defendant having failed to submit such order filed another application on 30.5.98 praying for further adjournment which being rejected she did not contest the arbitration proceeding any further. Then the Sole Arbitrator, on hearing the plaintiff, by order dated 30.5.20..Category: Alternative Dispute Resolution | Date: | Hits: 192
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
.... of the petitioner's properties in Chittagong in national "The Dainik Manab Jamin" and local "The Daily Azadi" being contrary to its own decree allowing the petitioner company to pay off the decreetal amount of Tk. 1,33,46,000/- to the decree-holder bank in 4 (four) equa......ieve that the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 776. ...... of the judgment dated 3.10.2004 did not elapse. After hearing the parties High Court Division issued rule and also passed an interim order, i.e. "pending hearing of the rule, let all further proceedings in Artha Rin Adalat Execution Case No. 132 of 2005 pending in the Court of Artha Rin Ad..Category: Civil Law | Date: | Hits: 102
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....he trial Court upon reversing the findings of the trial Court on due consideration of the evidence, but the appellate Court did not do so. The High Court Division in our view has not committed any error in setting aside the judgment of the appellate Court and thereupon restoring the jud......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......e title execution case was not served upon the plaintiffs who were defendants in Title Suit No. 42 of 1986. The appellate Court declared the decree passed in Title Suit No. 42 of 1986 and also the proceeding of the Title Execution Case No. 10 of 1989 illegal. The contesting defendants moved the ..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
.... Abdul Matin J Bangladesh Bank…………………………………..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment ...... the Arbitrator has already entered on the reference and has started issuing notices to the parties. In that view of the matter we are not inclined to entertain this technical objection at this stage." 17. In the present case the court has already given the award and the award......86.00. The contract contained Clause No. 20 which empowers Bangladesh Bank for extension of time without prove escalation. Since the statement of claim is for price escalation the arbitration proceeding can not proceed. The site plan was supplied with the work order and the amended site pla..Category: Business or Commercial Law | Date: | Hits: 129
Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)
....ellate Tribunal failed to appreciate thus materials aspect, as such, committed illegality in the decision; that Administrative Appellate Tribunal failed to appreciate that the respondent never took any ground of delay in filing application before Administrative Tribunal and never drawn any g......o substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ......arred by limitation and bad for defect of party and as such the A.T. case is liable to be dismissed in limini; that defence case, in short, is that following an enquiry through a departmental proceeding, the petitioner respondent was found guilty of the charges by the Enquiry Officer and th..Category: Administrative Law | Date: | Hits: 89
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....le. The High Court Division on consideration of the totality of the facts of the case of the parties and the relief sought by the plaintiffs was of the view that the trial court did not commit any error in making the Orders impugning which revisional application was filed before the Court of......e Suit No.69 of 1997 of the Court of Assistant Judge, Sadar, Satkhira is fraudulent and not binding on the plaintiffs. 3. The defendant entered appearance and filed written statement. At one stage of the suit the plaintiffs filed an application under section 151 of the Code of Civil Proced......d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ..Category: Procedural Law | Date: | Hits: 58
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......unicipal area. 8. The learned Counsel for the petitioners submit that the prayer for pre-emption is barred by limitation as the plaint was amended on 22.08.1995 in the civil revision and the proceeding of the suit was stayed till 28.01.1996 and the deposit as made on 29.01.1996 is not wit..Category: Property Law | Date: | Hits: 19
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