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Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....e appeal on assigning proper reasons. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 483. ......he High Court Division maintained the judgment of the trial Court. 6. Mr. M. Amirul Islam, the learned Senior Counsel appearing for the petitioner conÂtended that the High Court Division erred in law in dismissing the appeal in failing to consider that the tripartite agreement has not been resci..Category: Civil Law | Date: | Hits: 93
Kazi Kamrul and others Vs. State, 2011, 40 CLC (AD)
....the High Court Division. The contentions raised by the learned counsel merit no consideration. The petition is, therefore, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 529. ......ction and sentence of imprisonment. 4. Mr. Syed Haider Ali, learned counsel appearing for the petitioners has taken us to the evidence on record and submitted that the High Court Division erred in law in maintaining the conviction in failing to consider that the arms and ammunition in question we..Category: Criminal Law | Date: | Hits: 64
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....le". Security of Tk. 1000/- is to be depositÂed within 1 (one) month. Preparation of paper book, is dispensed with, as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 498. ......n behalf of the respondent No.9 and perused the leave petition. 9. The learned Advocate appearing for the petitioner submits that the impugned order as passed by the High Court Division is against law inasmuch as Section 14A of the Emergency Requisition and Acquisition of Properties Act, 1948 has..Category: Property Law | Date: | Hits: 70
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......rove his possession and that the Court of appeal below did not reverse all the findÂings of the trial Court. 5. It is contended on behalf of the petitionÂer that the High Court Division erred in law in interfering with the findings of fact arrived at by the Court of appeal below in exercise of ..Category: Property Law | Date: | Hits: 87
..... Since review does not mean rehearing of the matter, we find no merit in the review petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 477.
......tition for Leave to Appeal No.2149 of 2008. This Division dismissed the same by impugned judgment and order dated 23rd August, 2009 on the reasoning that the High Court Division committed no error of law in interfering with the judgÂment of the lower appellate Court.
6. Mr. Abdul Wadud Blunyan, ..
Category: Procedural Law | Date: | Hits: 76
Rupesh Ranan Dey and another Vs. Md. Abdur Razaque and others, 2010, 39 CLC (AD)
.... above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 512. ......rt of Appeal below nor the High Court Division passed the decree on consideration of the oral evidence on the points of possession of the plaintiff in the suit land. 5. In view of the provision of law that the review not being an appeal against the impugned judgment, or that no fresh or important..Category: Property Law | Date: | Hits: 50
Joynal Abedin and others Vs. Shahidul Islam and others, 2011, 40 CLC (AD)
....out of Court in accordance with Rules. The order of status quo granted earlier by this Court to continue till disposal of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 492. ......Leave to Appeal Nos. 705 and 706 of 2009 to consider the common Ground Nos. II, III and VI set forth therein, which are as under: "I. For that the learned Judge of the High Court Division erred in law in failing to consider that the Appellate Court below committed error of law in passing the judg..Category: Property Law | Date: | Hits: 60
Anti Corruption Commission Vs. M.A.H. Salim and others, 2011, 40 CLC (AD)
....one week of submission of the appellant's of concise statement. The parties are at liberty to mention the matter for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 474. ...... a writ petition filed at the instance of the accused respondent declaring an order of the Chief Metropolitan Magistrate freezÂing the bank account of the writ petitioner to have been passed without lawful authority and is of no legal effect. 2. Short facts relevant for the disposal of this peti..Category: Criminal Law | Date: | Hits: 136
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
....k. 1,000/- is to be depositÂed within 1(one) month. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 508.......forma respondents to show cause as to why the impugned decision passed by pro Âforma respondent No. 56, Ministry of Industry dated 19 October, 2004 should not be declared to have been issued without lawful authority. 5. The facts as stated by the respondents in the writ petition are as under: ..Category: Employment/Service Law | Date: | Hits: 85
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
....ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......ord. 8. We have heard the learned Advocate and perused the impugned judgment and order passed by the High Court Division. 9. The learned Advocate submitted that the High Court Division erred in law in not appreciating that the service of the plaintiff respondent No. 1 hereof has been terminatÂ..Category: Employment/Service Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ...... within 1(one) month from the date of receipt of the judgÂment. The High Court Division observed that the petitioners have been working after being appointed by the governing body in accordance with law in their respective colleges and, therefore, they are legally entitled to their arrear salary an..Category: Employment/Service Law | Date: | Hits: 47
Continental Traders (BD) Ltd. Vs. Co. and GE Sea Services Ltd & others, 2011, 40 CLC (HCD)
....earing of the appeal. The parties are at liberty to mention the appeal for expeditiously hearing as and when the appeal is ready. Ed. This Case is also Reported in: VIII ADC (2011) 505. ......sions of section 3 of the Admiralty Court Act, 2000 and that there is no privity of contract between the plaintiffs and the defendant-petitioner hereof and that the defendant-petitioner hereof are in lawful possession of the containers and that the principle cogent of the plaintiffs, the defendant N..Category: Admiralty Law or Maritime Law | Date: | Hits: 338
Md. Kabir Hossain and others Vs. Abdur Razzak Mallik and others, 2010, 39 CLC (AD)
....ivision on the point of limitaÂtion. In view of the above, we find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 486. ......ly came to the conÂclusion that since the respondents failed to prove their title in respect of 4/annas share in the suit lands, the decree passed in Title Suit No.138 of 1969 was not sustainable in law. This finding proved that the Court of appeal below maintained the decree on the weakness of the..Category: Property Law | Date: | Hits: 62
Tuglak Khan Vs. Md. Sultan Nasiruddin, 1991, 20 CLC (HCD)
....ces of the case, the parties are directed to bear their respective costs. The stay order granted by this Court earlier is vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 615. ......ed of Hiba‑Bil‑Ewaz executed by his father and while in such possession he felt the necessity of procuring an amount of Tk. 25000.00 in November, 1983, in order to pay the money to his son‑in‑law Golap Miah who had been recently married to his daughter and having no such source of procuring ..Category: Property Law | Date: | Hits: 87
Abdur Razzaque Vs. Bangladesh Agricultural DeveÂlopment Corporation and others, 1991, 20 CLC (HCD)
.... that the petitioner be reinstated in his service at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 613. ......e why the Memo No.PSB (Pra) 1st‑11/81‑82/3357 dated 18.5.86 (Annexure ‘F’) issued by the respondent No.2 and communicated by respondent No.3 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The petitioner's case is as follows: He was ..Category: Employment/Service Law | Date: | Hits: 67
Abu Sufian and Others Vs. State, 1993, 22 CLC (HCD)
....e decided according to the law as it existed when the action was begun, unless the new statute shows a clear intention to vary such rights. Where the legislature has made its intention clear that the amending Act should have retrospective operation, there is no doubt that it must be so construed, ev......ds in the Sessions Case No.12 of 1990 under sections 147/302/109 of the Penal Code pending in the Court of Sessions Judge, Feni and they are being disposed of by this order as the self same facts and law are involved in them. 2. The main question involved in these Rules is whether the trial of th..Category: Criminal Law | Date: | Hits: 58
Abul Ahsan Joardar Vs. Kazi Misbahul Alam, 1992, 21 CLC (HCD)
....e order of stay granted by this Court is vacated. Let a copy of this judgment and order be transmitted to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 606. ......te misconceived the provision of section 241A of the Cr.P.C. and most illegally and arbitrarily passed the impugned order which is in fact not a speaking order and, as such, it cannot be sustained in law. In this connection he has drawn our attention to section 241A Cr.P.C. which runs as follows: ..Category: Criminal Law | Date: | Hits: 98
....spondents to restore possession of the disputed house to them.
The Rule is, accordingly, discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 601.
......titioners prayed for a declaration that the inclusion of the property in the Bangladesh Gazette Extraordinary dated September, 23, 1986 at page 9762(61) serial No.2 as abandonment property is without lawful authority with a further prayer for declaring the judgment and order passed by the Court of S..
Category: Property Law | Date: | Hits: 89
Mahfuzur Rahman Vs. Bangladesh Forest Industries Development Corporation (BFIDC), 1992, 21 CLC (HCD)
....legal and without lawful authority and to be of no legal effect. In the result, the Rule is made absolute with no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 598.......the order under Memo No. HO/P‑13/79/687 dated 5.6.86 (Annexure 'H') upholding the office order No.850 (Annexure E) issued by the Chairman, BFIDC should not be declared to have been made without any lawful authority and to be of no legal effect. 2. The facts for the disposal of the Rule are as f..Category: Employment/Service Law | Date: | Hits: 177
Aftabur Rahman Vs. State, 1993, 22 CLC (HCD)
....asons aforesaid the Rule is made absolute and the order dated 22.6.93 and subsequent orders including the impugned order are set aside. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 593.......oner in jail custody, which order, as it appears from the certified copy of the order dated 15.7.93 of this Court was declared to be illegal and the detention of the accused petitioner was declared unlawful in Writ Petition No.1043 of 1993 and the accused petitioner was ordered to be set at liberty ..Category: Criminal Law | Date: | Hits: 87
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