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Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and oth­ers, 2008, 37 CLC (AD)

....mes which has clouded the title of the plaintiffs and as such they have been con­strained to institute the suit to protect their interests. 3. The defendant-respondent Nos.1-3 filed joint written statements denying the material allegations made in the plaint and contending, inter alia, that the ......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ..

Category: Property Law | Date: | Hits: 37

M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)

....ated under the Companies Act, 1913 and is a recognized company and it had got commendable cer­tificate from the Government as a foreign exchange earner and also got President's Medal and it is stated that the suit land originally belonged to a company which was a British Company incorporated......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ..

Category: Property Law | Date: | Hits: 42

Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)

....e suit property in favour of the plaintiffs by receiving back the compensation money. 3. The summons was duly served and the defendant entered appearance and took several dates for filing written statement. Thereafter, the suit was transferred to the Court of Additional Assistant Judge, 1st Cour...... filed by these petitioners".   Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 241

Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)

.... out of Kafrul P.S. Case No.15 dated March 6, 2007 corresponding to ACC G.R. No. 12 of 2007). 2. The facts of the case of the Civil Appeal and the Criminal Petition for Leave to Appeal need not be stated in detail since the same is not so much so necessary for the disposal of the Appeal and the C......, as the case may be ....” 10. As against the ad-interim order of the High Court Division the respondent No.1 in the writ petition i.e. Bangladesh, represented by the Secretary, Ministry of Home affairs filed Civil Petition for Leave to Appeal, being No. 49 of 2008. The said Petition for Leave ..

Category: Criminal Law | Date: | Hits: 51

Simon Singh Vs. State, 2008, 37 CLC (AD)

....pared inquest report of the dead body of the deceased and sent it to the morgue for holding postmortem examination, seized alamats by preparing seizure list, examined the witnesses and recorded their statement under Section 161 of the Code of Criminal Procedure and finally submitted charge-shee...... find no reason to interfere with the findings and decisions of the High Court Division. Accordingly, the Jail Petition is dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 165. ..

Category: Criminal Law | Date: | Hits: 47

Director General, NSI Vs. Sultan Ahmed, 1995, 24 CLC (AD)

.... Hossain. The respondent preferred a review petition against the impugned order but without any result. Hence, the application. 3. The appellant contested the case by fill­ing a written statement in which the material allegations made by the respondent were denied and it was asserted ......ther although they are otherwise equal. In the result, therefore, he appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 596. ..

Category: Employment/Service Law | Date: | Hits: 119

Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)

....he aforesaid suit for realiza­tion of money with interest and costs. 4. The summons of the suit were duly served upon the appellant and about after a year the appellant filed its written statement in the suit on 19-11-1994. Issues were framed in the above suit and the peremptory hearin......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ..

Category: Others | Date: | Hits: 95

Government of Bangladesh & anr Vs. Sheikh Munsur Rahman, 2004, 33 CLC (AD)

....to show that the respondent had a persistent reputation of being corrupt and in the charge framed against the respondent previous instances of such corruption were are not mentioned and further no statement of alle­gations to substantiate the charge of persistence reputation of being corrupt......d, allowed the appeal and accordingly no interference is called for. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 562. ..

Category: Administrative Law | Date: | Hits: 94

Zoad Miah @ Zayed Ali Vs. State, 2004, 33 CLC (AD)

.... hearing the learned Special Tribunal Judge No. 3 found the appellant guilty under section 25(1) of the Special Powers Act, 1974 and sentenced him to suffer rigorous imprisonment and to pay fine as stated earlier. 4. The appellant then filed Criminal Miscellaneous Case No. 1627 of 2001 un...... be set at liberty at once. Since the appellant is in custody from 6.2.2001, an advance order of release may be issued. Ed. This Case is also Reported in: 1 ADC (2004) 547. ..

Category: Criminal Law | Date: | Hits: 70

Nizam Hazari Vs. State, 2004, 33 CLC (AD)

....cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ......cussion made above, it appears to us that there is no error apparent on the face of the record and as such the review petition is dismissed. Ed. This Case is also Reported in: I ADC (2004) 544. ..

Category: Criminal Law | Date: | Hits: 53

Md. Joynal Abedin and others Vs. State and another, 2004, 33 CLC (AD)

....ision raised the plea that accused persons were not examined under Section 342 of the Code of Criminal Procedure by the Trial Magistrate and hence the same was accepted. The other points raised as stated above were duly answered in the judgment sought to be reviewed. 8. From our above di......e or error appar­ent on the face of the record. In view, of the discussion above the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 542. ..

Category: Criminal Law | Date: | Hits: 47

Aloke Nath Dey Vs. Government of Bangladesh, 2003, 32 CLC (AD)

.... side or which is due from one person to another or others. In Stroud's Judicial Dictionary a 'debt' is defined as a sum payable in respect of a liquidated money recoverable by action. It was also stated that one of the essen­tials of the debt is that it must be a really calcu­lable amou......legality or infirmity in the impugned judgment for our interference. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 528. ..

Category: Property Law | Date: | Hits: 39

Begum Lutfunnessa Vs. Md. Shafiullah and others, 2004, 33 CLC (AD)

.... in the background of the aforesaid situation cannot be considered unjustified. 9. The learned Counsel for the petitioner submits that inspite of the discloser by the defendant No.1 in his written statement as regard pendency of the Title Suit No.39 of 1993 (previously numbered as Title Suit No. ...... In the background of the aforesaid dis­cussions we find no substance in the petition. Accordingly the review petition is dis­missed. Ed. This Case is also Reported in: 1 ADC (2004) 511. ..

Category: Property Law | Date: | Hits: 67

Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)

....venue) held out thereat to the plaintiffs to dispossess them from the suit land on the plea that the same was enlisted as vested property. 3. The defendant Nos. 1 and 2 by joint writ­ten statement resisted the claim of the plaintiffs in respect of the settlement of the disputed propert...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ..

Category: Property Law | Date: | Hits: 82

Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)

.... effective  from September 1994 and requested the defendants to hand over vacant possession of the premises but they failed. 3. The defendants contested the suit by fil­ing written statement and contended, inter alia, that M/S Chandana Corporation, a partnership firm was the tena......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ..

Category: Property Law | Date: | Hits: 23

M/s Micro Electronic Limited Vs. M/s Rahimafroz Batteries Limited and other, 2002, 31 CLC (AD)

....azila Head Quarters and its surrounding in Rangamati. 3. The writ petition was filed by the Respondent No.1 stating, inter alia, that he and 3 others dropped bid for the execution of work as stated hereinbefore. The evaluation commit­tee found the present petitioner and another non res......he petitioner herein as one of the respon­sive technical bidder. Moreover the High Court Division is quite competent to make direction to the person performing functions in connection with the affairs of the Republic or of a local authority to refrain from doing thing not permit­ted by l..

Category: Procedural Law | Date: | Hits: 83

Anowara Begum Vs. State, 2004, 33 CLC (AD)

....al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ......al and thereby affirming the framing of charge against the appellant by the trial court. The appeal is accordingly allowed. Ed. This Case is also Reported in: 1 ADC (2004) 459. ..

Category: Criminal Law | Date: | Hits: 64

Abdul Hoq Sikder and 2 others Vs. State, 2002, 31 CLC (AD)

.... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ...... this division and as such this review petition merits no con­sideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 458. ..

Category: Criminal Law | Date: | Hits: 44

Md. Mosharraf Hossain Vs. Daulat Ahmed and ors., 2002, 31 CLC (AD)

....-3) took revision, Civil Revision No. 2801 of 1994, against the judgment and order of the learned District Judge, and a learned Single Judge of the High Court Division by the judgment and order as stated hereinbefore set aside the same and restored the judgment and order of the court of Assistan......Lakshmipur, in Miscellaneous Appeal No.2 of 1993 is restored. The prayer for pre-emption is rejected. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 445. ..

Category: Property Law | Date: | Hits: 44

Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)

....e suit was numbered as Money Suit No. 4 of 1990. The suit was for realization of money for supply of stones to the appellant. The defen­dant-appellant contested the suit by filling writ­ten statement denying the material allegations made in the plaint. The learned Court below on hearing b......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed with­out any order as to costs. Ed.  This Case is also Reported in: 1 ADC (2004) 427. ..

Category: Procedural Law | Date: | Hits: 94