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State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)

.... corresponding of Pallabi Police Station Case No. 46 dated 28-8-1998 as well as G.R. Case No.2548 of 1998 now pending for trial in the Court of learned Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Dhaka. 2. The prosecution case, in brief, is that one Mr. Yunnus Ali, the father of the vict......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)

....Code and was sentenced to imprisonment for 1 (one) year. 4. As against the said judgment and order the petitioner filed aforementioned appeal before the Court of Metropolitan Sessions Judge, Dhaka and the same was finally heard by the Court of Additional Sessions Judge, 3rd Court, Dhaka an......n filing the revisional application. 13.  In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 44

Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

.... judgment and order dated 20.04.2004 passed by the High Court Division in First Appeal No. 68 of 2002 affirming the judgment and decree dated 23.11.2001 passed by the Joint District Judge, 5th Court, Dhaka in Title Suit No.135 of 1997. 2. The facts, in short, are that the predecessor-in-interest ......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..

Category: Property Law | Date: | Hits: 75

Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)

.... 12. Mr.Rafique-Ul-Huq has next submitted that section 3 of the Companies Act mentioned about the Court having power under its statutory jurisdiction and referred to a decision in the case of Dhaka Jute Mills Ltd and others Vs.  Satish Chandra Banik reported 19 DLR 735 which arose out......on 3 of the Companies Act provides that the Court having jurisdiction under this Act shall be the High  Court Division provided that the Government  mail, by notification in the Official Gazette and subject to such restrictions and conditions as it thinks fit, empower any District Cour..

Category: Business or Commercial Law | Date: | Hits: 147

Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)

.... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 46

Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)

....which the petitioner was removed from his service and also the letter dated 12-8-1998 stating, inter alia, that he, on 1-4-1995, was appointed as a teacher in the Rifles Public School and College, Dhaka and he was confirmed in his post on 17-2-1998 and his name was included in the MPO ensuring t......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ..

Category: Employment/Service Law | Date: | Hits: 68

Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)

....rt Division acted beyond its jurisdiction in directing release of the aforesaid property when the same had already stood acquired, that the Additional Chief Engineer, Roads and High­ways Department, Dhaka Zone in the affidavit-in-opposition had asserted that they still require the land in question ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..

Category: Property Law | Date: | Hits: 46

Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)

.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereun­der. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... 1, page-615. 41. Unlike other associations the Society can­not be dissolved except by law made for the purpose (Article 24). All rules made under Article 23(2) shall be published in the official Gazette and shall come into force on such publication. The President of the Republic is the Presiden..

Category: Constitutional Law | Date: | Hits: 170

Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)

....ide the uncontested elec­tion of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......he respondent's nomination paper, and conse­quently, the order of the Returning Officer declaring the appellant "elected uncontested" stood. This un­contested election was published in the Official Gazette but before he could enter upon his office, the respondent filed a suit, O.C. Suit No.4 of 19..

Category: Election Law | Date: | Hits: 173

Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)

....st one witness to prove the declaration and the circumstance leading to such declaration……………..(16) Cases Referred to- Abdur Rahman Khan Vs. Deputy Com­missioner, Jessore, PLD 1968 Dhaka 367; Tanbir Ahmed Siddiky Vs. Province of East Pakistan, PLD 1968 (SC) 185; Presiding Officer ......for mak­ing complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ..

Category: Property Law | Date: | Hits: 32

Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)

....Division in Civil Revision No. 1816 of 2002 discharging the rule. 2. The respondent No.1 as plaintiff instituted Title Suit 4o of 1989 in the 2nd Court of the learned Joint District Judge, Dhaka for permanent injunction against the petitioner, the defendant No. 5 and others in respect of......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)

.... Sonar Bangla Service Station…………………...Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Works, Bangladesh Secretariat, Dhaka and others............... Respondents Judgment May 9, 2006. Cases Referred To- A......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 205

Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)

....ondent No. 1 Not represented-Respondent Nos. 2-4 & 6-27 Civil Appeal No. 48 to 53of 1995 (From Judgment and Order dated 5th April, 1995 passed by the High Court Division, Dhaka in F.A. No. 255 of 1991(Dhaka) with Civil Revision No. 281 to 285 of 1988 respectively) ....... In view of the discussion made above we find no way but to dismiss these appeals. 17.  In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..

Category: Property Law | Date: | Hits: 106

Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)

....ocate-on-Record-For the Appellants. Ex-parte-For the Respondents. Civil Appeal No. 47 of 1995 (From the judgment and order dated May 17,1994 passed by the High Court Division, Dhaka in Civil Revision No. 8035 of 1991) Judgment:       &nb......lorem Court fee in the trial court for the  said relief within  3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 103

Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)

....lter­native lodged petition case No. 2783 of 1998 under sections 4207 4487 506 and other sections of the Penal Code. 3. The case being transferred to the learned Metropolitan Magistrate Dhaka, he heard the matter and by order dated 29.01.2001 framed charge against the peti­tioner ......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 30

S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)

.... of 2001 dis­charging the rule. 2. The facts, in brief, leading to the leave petition are that the respondent No. 1 filed a petition of complaint before the learned Chief Metropolitan Magistrate, Dhaka alleging commission of offence under section 138 of the Negotiable Instrument Act (as amended)...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 36

Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)

....g the application filed by him under section 561A of the Code the Criminal Procedure. 2. The facts, in short, are that Md. Toufiqul Islam, Inspector, Task Force-4, Bureau of Anti-corruption, Dhaka on 3.04.2001 lodged a First Information Report with Shahajadpur Police  Station against ......has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)

....ssir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mahbubur Rahman..........................Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka.........Respondent Judgment August 1, 2004. Result: ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 50

Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)

....ior Advocate-Amicus Curiae. Not represented-Respondent No. 3. Civil Appeal No. 4 of 1995 (From the Judgment and Order dated December 11, 1994 passed by the High Court Division, Dhaka in Civil order No. 4061 of 1994) Judgment:       A. T. ......ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 119

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

....he High court division in writ petition No. 26 of 1994 discharging the rule and affirm­ing the order dated 29-9-1994 passed in Industrial Relations Case No. 59 (ka) of 1989 by the Labour Court, Dhaka (respon­dent No.1) allowing the application of Md. Fazlul Hoque (respondent No. 2) under ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 55