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Md. Rafiqul Islam and others Vs. Md. Azmal Hossain and others, 2012, 41 CLC (AD)

....eed registered and also got the delivery of possession of the property through the process of the Court. Thereafter, the peti­tioners who are the third parties filed an application under Order 21, Rules 90, 100 and 101 of the Code of Civil Procedure, read with section 57 of the Artha Rin Adalat ......ho are respondent Nos.1-5 moved the High Court Division a revision petition being Civil Revision No.2359 of 2007. A Division Bench of the High Court Division upon hearing the parties made the rule absolute and set aside the judgment and order of the learned Additional District Judge. 4. Mr..

Category: Procedural Law | Date: 15 Jul, 2012 | Hits: 16

Abdur Rashid Akanda Vs. Md. Raisuddin and others, 2012, 41 CLC (HCD)

....Chatterjee Vs. Md. Munsur Ali, 36 DLR 136. Lawyers Involved: Manoj Chandra Bhadury, Advocate-For the Defendant-Appellant-Petitioner. No one appears-For the Opposite-Parties. Civil Rule No.392 (Con) of 2011. Judgment Sharif Uddin Chaklader J. - This rule under section 14..............Defendant-Appellant-Petitioner Vs. Md. Raisuddin and others................Plaintiff-Respondent-Opposite-Parties Judgment July 12, 2012. Result: The rule is made absolute. It is a settled principle of law that question of limitation is a mixed question of f..

Category: Limitation Law | Date: 12 Jul, 2012 | Hits: 18

Government of Bangladesh and others Vs. A.T.M. Abdul Matin, 2012, 41 CLC (HCD)

....ated 23rd October, 2008 passed by the High Court Division in Writ Petition No.10747 of 2006 be stayed till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 844. ......006.) Order Surendra Kumar Sinha J. - In this petition the petition­ers seek leave from a judgment and order of the High Court Division in Writ Petition No.10747 of 2006 making the rule absolute and declaring the impugned order to have been issued without lawful authority. 2. Wr..

Category: Procedural Law | Date: 12 Jul, 2012 | Hits: 4

Marsu Ltd and another Vs. Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd, 2012, 41 CLC (HCD)

.... Waliullah, FCA, Partner of M/s. Malek Siddique Wali Chartered Accountant and Receiver of Marsu Ltd........................Respondent-Contemner Judgment July 10, 2012. Result: The Rule is disposed of. Cases Referred to- Pakistan, Ministry of Law Vs. Judges of West Pakis......is acquitted from the charges brought against him. The Rule is disposed of accordingly. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 237       ..

Category: Contempt of Court Law | Date: 10 Jul, 2012 | Hits: 5

Md. Golzar Hossain, Advocate Vs. Janata Bank, Ullapara Branch, Sirajgonj, 2012, 41 CLC (AD)

....for leave to appeal is directed against the judgment and order dated the 11th day of March, 2010 passed by a Division Bench of the High Court Division in Writ Petition No.6684 of 2009 discharging the Rule. 2. The background of this leave petition is that the petitioner filed the above mentioned w......ight of the observations and the findings given hereinbefore. With the above findings and observations, this petition for leave to appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 143

Safi Uddin Vs. District Judge, Dhaka & others, 2012, 41 CLC (AD)

.... has been filed by the petitioner against the judgment and order dated the 16th day of May, 2011 passed by a Division Bench of the High Court Division in Writ Petition No.8824 of 2009 discharging the Rule. Facts giving rise to this leave petition are as follows: 2. The petitioner filed th......er alia, that the writ petition alleging the violation of rule 2(2) of Order XXXVII of the Code, that is, non-obtaining of permission of the Court by the respondent to appear and contest the suit was absolutely a misconceived one as the said point was raised and decided in Civil Revision No.2855 of ..

Category: Civil Law | Date: 8 Jul, 2012 | Hits: 108

City Bank Ltd Vs. Labour Appellate Tri¬bunal and others, 2012, 41 CLC (HCD)

....r the Petitioner. Mahbubul Hoque with Abdul Hye Bhuiyan, Advo­cates—For the Respondent No.4. Writ Petition No. 242 of 2012 Judgment Nozrul Islam Chowdhury J.— This Rule Nisi is directed against the judgment and order dated 21-11-2011 passed by the Chairman Labour ......llip;……......................Petitioner Vs. Labour Appellate Tri­bunal and others ..........Respondents Judgment July 7, 2012. Result: The rule is made absolute. Cases Referred to- Palli Daridra Bemochan Foundation Vs. Palli Daridra Foundatio..

Category: Constitutional Law, Labour and Industrial Law | Date: 7 Jul, 2012 | Hits: 2

Ancient Traders Limited and others Vs. Chittagong Port Atuthority, 2012, 41 CLC (HCD)

....……Petitioner Vs. Chittagong Port Atuthority, Bandar Bhaban, P.S. Bandar, Chittagong and others………………..Respondents Judgment June 21, 2012. Result: The Rule is discharged. Lawyers Involved Rokanuddin Mahmud, Senior Advocate with Anisul Huq, ......and hence, have legal effect. In the result, the Rule is discharged. There will be no order as to costs. Abdur Rob J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: 21 Jun, 2012 | Hits: 20

Aslam @ Billal & another Vs. State, 2012, 41 CLC (HCD)

....তবর্তীকালীন জামিন মুক্তি দেওয়া হউক।  11.  Md. Rezaul Hasan J: I have heard the order passed by my learned brother issuing Rule and granting an ad-interim bail to the accused-petitioner. I however sincerely regret my inabil...... brother Rezaul Hasan J, that this is not a case of ad interim bail. Accordingly, I reject the prayer for ad interim bail. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 130. ..

Category: Criminal Law, Evidence Law | Date: 20 Jun, 2012 | Hits: 10

Government of the People’s Republic of Bangladesh Vs. Orex Network Limited and others, 2012, 41 CLC (AD)

....eal, by leave, by the appellant, arises out of the judgment and order dated 16th and 17th April, 2002 passed by a Division Bench of the High Court Division in Writ Petition No.1806 of 2000 making the Rule absolute. 2. The writ petition was filed questioning legality of listing House No.240 at ......by leave, by the appellant, arises out of the judgment and order dated 16th and 17th April, 2002 passed by a Division Bench of the High Court Division in Writ Petition No.1806 of 2000 making the Rule absolute. 2. The writ petition was filed questioning legality of listing House No.240 at Road ..

Category: Property Law | Date: 20 Jun, 2012 | Hits: 94

Golam Kibria (Md.) Vs. Bangladesh, 2012, 41 CLC (HCD)

....d J Golam Kibria(Md.).....................Petitioner Vs. Bangladesh...............................Respondents Judgment    June 19, 2012. Result: The Rule is made absolute. The Applicability of the Doctrine of Legitimate Expectation- The Do......m Kibria(Md.).....................Petitioner Vs. Bangladesh...............................Respondents Judgment    June 19, 2012. Result: The Rule is made absolute. The Applicability of the Doctrine of Legitimate Expectation- The Doctrine of Leg..

Category: Administrative Law | Date: 19 Jun, 2012 | Hits: 3

Secretary, Bangladesh Bar Council Vs. AFM Faiz and others, 2012, 41 CLC (AD)

....রশাসন/২০১২ dated 12-4-2012 issued by the Chairman of Bangladesh Bar Council, the writ-petitioners moved the High Court Division by filing Writ Petition No.4546 of 2012 and obtained Rule Nisi. 5. Writ-respondent Nos.1, 2 and 4 entered appearance by filing affidavit-in-oppositi......rpretation of Laws 334, 1896 opined:— "A provision is said to be mandatory when dis­obedience to it or want of exact compliance with it will make the act done under the statute absolutely void." 27. Craies on Statute Law, 6th Ed. opined:— "The t..

Category: Others | Date: 18 Jun, 2012 | Hits: 7

Government of the People's Republic of Bangladesh and others Vs. Md. Harun-or-Rashid and others, 2012, 41 CLC (AD)

....েটে স্থানান্তরিত পদধারীদের নিয়মিত করন ও জেষ্ঠতা নির্ধারন বিধিমালা, ২০০৫ (the Rules, 2005), if the project in which s/he is working is completed subject to the condition that suc......n­ers exclusion from such exercise" and that "the exclusion so made of the petitioners to be arbitrary and without any objective basis". With these observations the High Court Division made the rule absolute and directed the appellants to transfer and absorb the writ petitioners in the revenue budg..

Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130

Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)

....tition. The petitioner has chal­lenged the judgment and order dated 12-3-2009 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.10454 of 2008 discharging the Rule. 2. Facts necessary for disposal of this leave petition are that one Md. Abul Kalam Azad,......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ..

Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10

AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)

....ent Syed Mahmud Hossain J.- This appeal by leave by the appellants is from the judgment and order dated 10-11-2009 passed by the High Court Division in Civil Revision No. 2910 of 2009 making the Rule absolute setting aside those dated 4-8-2009 passed by the learned Additional District Judge, Se...... Syed Mahmud Hossain J.- This appeal by leave by the appellants is from the judgment and order dated 10-11-2009 passed by the High Court Division in Civil Revision No. 2910 of 2009 making the Rule absolute setting aside those dated 4-8-2009 passed by the learned Additional District Judge, Second ..

Category: Property Law | Date: 13 Jun, 2012 | Hits: 27

Secretary, Ministry of Land, People's Republic of Bangladesh and others Vs. Saiful Islam Chowdhury and others, 2012, 41 CLC (AD)

.... view of the above, it is evident, that there is no merit in this Civil Petition for leave to appeal and hence it is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 832. ......at the instance of Secretary, Ministry of Land, has been directed against the judgment and order dated 02.02.2011 passed by the High Court Division in Writ Petition No.3479 of 2009 making the rule absolute. 2. The respondent Nos.1 to 10 herein filed the above mentioned writ petition chall..

Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5

Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)

....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ...... Bangladesh Biman Corporation and others has arisen from the Judgment and order dated 01.09.2004 passed by a Division Bench of the High Court Division in Writ Petition No.2248 of 2002 making the rule absolute. 2. The respondent No.1 Riaz Uddin Ahmed filed the above mentioned writ petition before ..

Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388

Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)

....on of the Bank Companies Act, 1991. 11. However, he has admitted that the said company was shown as a defaulter in the CIB report. So, the Company filed Writ Petition No.491 of 2007 and obtained Rule Nisi and an order of injunction restraining the Bangladesh Bank and the Sonali Bank from publis......upon the petitioner to deny the claim regarding the main bill. The Appellate Division has erroneously observed that the petitioner had not raised any objection against the claim of main bill which is absolutely wrong and misconceived. In paragraph No.7 of the written statement and paragraph No.1 of ..

Category: Election Law | Date: 5 Jun, 2012 | Hits: 217

Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)

....n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......n have dis­charged the rule on assigning proper rea­sons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ..

Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40

Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)

....he peti­tioner claimed that her daughter was minor and was born on 13-6-1963 and was a student of class VIII of Elenga Girls' High School. None of the opposite parties appeared to contest the Rule. The detenue appeared through a privately engaged lawyer to contest the Rule. The question for ......r, it was argued, the appellants did not challenge the juris­diction of the learned Sessions Judge to hold the trial and concluded "It is too late in the day to raise the contention which is absolutely untenable and cannot, also, be countenanced". There is fal­lacy in the arguments..

Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30