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Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)
....ior Advocate) instructed by Md. Zainul Abedin, Advocate-on-Record- For Respondent Nos. 1-7. Not represented- Respondent Nos. 8-13. Civil Miscellaneous Petition No. 58 of 2011 (From the order dated 16.01.2011passed by the High Court Division in Civil Revision No. 83 of 2011) Order: Thi......1.12.2010, is illegal, mala fide and of no legal value. In the suit the plaintiffs filed an application for temporary injunction and the learned Assistant Judge by an order dated 05.01.2011, issued a notice upon the defendants to show-cause within 1(one) day from the date of its receipt as to why th......of the orders dated 05.01.2011 and 10.01.2011 passed by the Assistant Judge 4th Court, Dhaka in Title suit No. 05 of 2011. 2. It appears that the suit was filed on behalf of the petitioner praying for a declaration, inter alia, that the election of Press Club, Dhaka dated 31.12.2010, is illegal, ..Category: Civil Law | Date: | Hits: 91
Shah Alam (Md.) Vs. Abdul Hashem Bepari and others, 2000, 29 CLC (HCD)
....in person) — The Petitioner. Not represented— the Opposite Parties. Civil Revision No. 3277 of 1998. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and decree dated 8-6-98 passed by the District Judge, Bhola in Title Appeal No. 86 of 1990 reversing the judgme......intiff shall be at liberty to get the decree executed through the Court in accordance with law. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 550.......Bhola in Title Appeal No. 86 of 1990 reversing the judgment and decree dated 30-6-90 passed by the Subordinate Judge, Bhola in Title Suit No. 78 of 1986 decreeing the suit. 2. Short facts relevant for the purpose of the case are that the petitioner as plaintiff instituted a suit for specific perf..Category: Civil Law | Date: | Hits: 81
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....dgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be committed for contempt of court for non-complying with the order dated 16-7-2001 passed by this Court in Writ Petition No. 3058 of 2001. 2. The relevant facts are......e an order of injunction which becomes operative upon being served on the party against whom it is directed, an order of stay takes effect immediately on being passed even if it is not brought to the notice of the subordinate Court. Thus, the very moment a stay order is passed proceedings of the sui...... Contemners. Contempt Petition No. 83 of 2001. Judgment Syed Amirul Islam J.- This Rule was issued calling upon the respondent contemners to show cause as to why they should not be committed for contempt of court for non-complying with the order dated 16-7-2001 passed by this Court in Writ ..Category: Civil Law | Date: | Hits: 70
Syed Mahmudur Rahman alias Rumi Vs. State, 2009, 38 CLC (AD)
....ocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 30.6.2009 passed by the High Court Division in Criminal Appeal No. 3514 of 2003). Judgment ...... on record dismissed the appeal and there is no cogent reason to call for any interÂference by this Division. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 888....... December 10, 2009. Lawyers Involved: M. A. Samad Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioner. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 30.6.2009 passed by the H..Category: Criminal Law | Date: | Hits: 31
Zakir Hossair alias Tota Mia Vs. State, 2009, 38 CLC (AD)
....vocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 251of 2008. (From the judgment and order dated the 25th day of February, 2008 passed by the High Court Division in Criminal Appeal No.699 of ......e above, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 885. ......gment May 24, 2009. Lawyers Involved: Nikhil Kumar Saha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 251of 2008. (From the judgment and order dated the 25th day of February, ..Category: Criminal Law | Date: | Hits: 40
....nstructed by Mr. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1.
Not represented- Respondent Nos. 2-4.
Civil Petition for Leave to Appeal No. 155 of 2010.
(From the judgment and order dated the 20th day of October, 2009 passed by the High Court Division in Writ Petition No.7835 of 20......reparation of paper books is disÂpensed with as prayed for.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 857.
......un, Advocate-on-Record-For the Petitioners.
M. Faruque, Advocate instructed by Mr. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1.
Not represented- Respondent Nos. 2-4.
Civil Petition for Leave to Appeal No. 155 of 2010.
(From the judgment and order dated the 20th day of October, ..
Category: Others | Date: | Hits: 82
....975 of 2003 by three former Additional Judge, who were not confirmed and in Writ Petition No. 3217 of 2003 by Mr. Farhad Ahmed, an Advocate of the Supreme Court.
3. On the view of a Division Bench dated 19-4-03 that the writ petitions raised complicated constitutional questions of great public im......God, who has reposed in me this great trust, will take account of it all from me." (underlined by us) (Peep in the Past, at page 50 and 51)
103.Another incident, which is of no less importance was noticed by the Supreme Court of Pakistan in Al-Jehad Trust vs Federation of India: PLD 1996 SC 324,w......res and unconstitutional.
2. Originally, Rule in Writ Petition No. 1543 of 2003 was obtained by Mr. Md. Idrisur Rahman, an Advocate of the Supreme Court, in Writ Petition No. 2975 of 2003 by three former Additional Judge, who were not confirmed and in Writ Petition No. 3217 of 2003 by Mr. Farhad ..
Category: Constitutional Law | Date: | Hits: 252
Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)
....ucted by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1-3 and 6. Not represented- Respondent Nos. 4-5. Civil Petition for Leave to Appeal No. 96 of 2009. (From the judgment and order dated the 14th day of May, 2009 passed by the High Court Division in Civil Revision No.3839 of 2001)......ooks is disÂpensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846.......l Wadud Bhuiyan, Senior Advocate with Md. Nurul Amin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos.1-3 and 6. Not represented- Respondent Nos. 4-5. Civil Petition for Leave to Appeal No. 96 of 2009. (From the judgment and order dated the 14th day of May, 2009 ..Category: Property Law | Date: | Hits: 32
....tion No. 93 of 2010).
Not represented-Respondent Nos. 2, 4-5 & 7-15 (In Civil Petition No. 93 of 2010).
Civil Petition for Leave to Appeal Nos.90-93 of 2010.
(From the judgment and order dated 23.08.2009 passed by the High Court Division in Writ Petition No.4452 of 2008 with Writ Petiti......f the view that it will be just and fair if the leave petitions are disposed of holdÂing that the writ petitions as filed are not maintainable for want of cause of action. It has been brought to our notice that in comÂpliance to the impugned judgment passed by the High Court Division some appointÂ......hman, Advocate-on-Record-For Respondent Nos.1, 3 & 6 (In Civil Petition No. 93 of 2010).
Not represented-Respondent Nos. 2, 4-5 & 7-15 (In Civil Petition No. 93 of 2010).
Civil Petition for Leave to Appeal Nos.90-93 of 2010.
(From the judgment and order dated 23.08.2009 passed by th..
Category: Employment/Service Law | Date: | Hits: 86
Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....ioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No.3. Not represented- Respondent Nos. 1, 2 and 4. Civil Petition for Leave to Appeal No. 49 of 2010. (From the judgment and order dated the 28th day of May, 2009 passed by the High Court Division in Writ Petition No.4716 of 2005).......r was never appointed as Nikah Registrar for the concerned area. It is stated that even in the case of a propÂerly appointed temporary Nikah Registrar, there is no need to issue any prior show cause notice and as such, the impugned order cancelling the appointment of the petitioner as Nikah Registr......s Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No.3. Not represented- Respondent Nos. 1, 2 and 4. Civil Petition for Leave to Appeal No. 49 of 2010. (From the judgment and order dated the 28th day of May, 2009 ..Category: Civil Law | Date: | Hits: 111
Sayed and othÂers Vs. State, 2009, 38 CLC (AD)
....d-For the Petitioners (In both the cases). Not represented-Â the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 212 and 205 of 2008. (From the judgment and order dated the 2nd day of December, 2007 passed by the High Court Division in Criminal Appeal No.954 of 1......tnesses namely, P.W.'s 1,3, 4, 5 and 8 who are all relatives of the informant and are partisan and interested witnesses. The learned Counsel further submitted that the trial Court ought to have taken notice of the evidence that P.W.1 Shamser Ali is the brother of the deceased Ramjan Ali who is the b......wdhury, Senior Advocate instructed by Chowdhury M. Zahangir, Advocate-on-Record-For the Petitioners (In both the cases). Not represented-Â the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 212 and 205 of 2008. (From the judgment and order dated the 2nd day of D..Category: Criminal Law | Date: | Hits: 26
....ourt).
Abdul Wadud Bhuiyan, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record- the Respondents.
Civil Petition for Leave to Appeal No. 388 of 2009.
(From the judgment and order dated 02.12.2008, 2009 passed by the High Court Division in Writ Petition No. 6254 of 2008 (analogou......Director and 5 other directors have filed Writ Petition No.7346 of 2007 against Bank of Credit & Commerce at present Eastern Bank Ltd. Head office and its managing Director challenging an auction notice published in daily newspaper in Money Execution Case No.51 of 1992 of Artha Rin Adalat No.3, ......vocate-on-Record-For the Petitioner (Appeared with the leave of the Court).
Abdul Wadud Bhuiyan, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record- the Respondents.
Civil Petition for Leave to Appeal No. 388 of 2009.
(From the judgment and order dated 02.12.2008, 2009 passed b..
Category: Civil Law | Date: | Hits: 75
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
....ners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2-12. Civil Petition for Leave to Appeal No. 378 of 2008. (From the judgment and order dated the 2nd day of August, 2007 passed by the High Court Division in Civil Revision No. 5865 of 20......7-9 filed Title Suit No. 143 of 1987 before the Court of Assistant Judge, Bagerhat, showing the plaintiff as a tenant in the suit land and obtained a collusion decree on 02.05.1989 on suppressing the notice. On 19.07.1989 Rabeya Khatun came to know about the said collusive sole-decree. Defendant Nos...... Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent No. 2-12. Civil Petition for Leave to Appeal No. 378 of 2008. (From the judgment and order dated the 2nd day of August, 20..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 5 Not represented- Respondent Nos. 1-4 and 6-9. Civil Petition for Leave to Appeal No. 928 of 2008. (From the judgment and order dated the 11th day of February, 2008 passed by the High Court Division in Writ Petition No.2004 of 2......e High Court Division in Writ Petition No. 2004 of 2008 summarily rejecting the writ petiÂtion. 2. The facts involved in the facts, in short, are that the lands described in the 11 (eleven) award notices belonged to the petitioners and others when the Government/respondents acquired the same vid......ed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 5 Not represented- Respondent Nos. 1-4 and 6-9. Civil Petition for Leave to Appeal No. 928 of 2008. (From the judgment and order dated the 11th day of February,..Category: Property Law | Date: | Hits: 25
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....li Sikder, Advocates, — For Respondent No.1. First Miscellaneous Appeal No. 145 of 2002. Judgment Md. Abdur Rashid J. - This appeal was presented by defendant Nos. 1 and 2 against an order dated 22-1-2002 passed by Joint District Judge, Court No. 3 at Chittagong in Other Suit No. 217 of 2......ddin being dead his legal heirs: Shams Begum and others, 3 BLC (AD) 78 the Appellate Division affirming the decision of this Division rejecting the prayer for injunction a construction in urban areas noticed the aforesaid decision in Ali Ahmed. In Serajuddin Vs. Mizanur Rahman, 29 DLR (SC) 82, the t...... of 2001 granting temporary injunction restraining them from continuing a construction work. 2. On 29-8-2001 opposite party No.1 as plaintiff instituted the suit against the appellants and another for a decree of partition of the suit land described in schedule-I for a separate share of his purch..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
.... Court of the Assistant Judge Hatia, Noakhali. Section 96 of the State Acquisition and Tenancy Act, 1950 obliges a pre-emptor to file his application for pre-emption, within 4 months, either from the date of transfer of the ‘case land’ to the transferee or from the date of knowledge of such tran......hat the frame of the suit was bad. He also took objections that the plaintiff, contrary to the provisions of section 75 of the Indian Railways Act, did not declare the value of the goods and that the notice under section 77 of the Act had not been properly served. The trial Court without entering in...... case holding. This is the case land. This is contiguous to the land held by Mannan and lies next to his ‘baithakkhana’. This gave Mannan an occasion to file, almost 7 years later, an application for pre-emption of the case land and institute the Miscellaneous Case No. 4 of 1997. It was under se..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
.... has submitted that cognizance was taken by the learned Magistrate under section 138 of the Negotiable Instruments Act, 1994, but according to him, legal notice was not served within 15 days from the date of dishonoring the cheque issued by the accused petitioner. So, he has argued that taking of co......he learned Advocate for the accused petitioner has submitted that cognizance was taken by the learned Magistrate under section 138 of the Negotiable Instruments Act, 1994, but according to him, legal notice was not served within 15 days from the date of dishonoring the cheque issued by the accused p...... were called upon to show cause as to why the proceedings of CR Case No. 25/99-50(1)/99, pending in the Court of Magistrate, First Class, Kishoregonj should not be quashed. 2. The learned Advocate for the accused petitioner has submitted that cognizance was taken by the learned Magistrate under s..Category: Criminal Law | Date: | Hits: 28
....n, Advocate‑ For Opposite Party No. 3.
Civil Revision No. 5243 of 2000.
Judgment
Md. Abdur Rashid J.- This Rule arises out of an order of the Third Court of Subordinate Judge at Chittagong dated 13‑8‑2000 passed in Other Suit No. 23 of 1999, which rejected an application for amendment......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
......t
Md. Abdur Rashid J.- This Rule arises out of an order of the Third Court of Subordinate Judge at Chittagong dated 13‑8‑2000 passed in Other Suit No. 23 of 1999, which rejected an application for amendment of the plaint.
2. The plaintiff and defendant Nos. 2 and 3 are engaged in the busin..
Category: Procedural Law | Date: | Hits: 60
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....tate. Criminal Appeal No.281 of 1986 Re-Criminal Appeal No. 46 of 1998 Judgment Md. Abdul Aziz J. - This criminal appeal is directed against the impugned judgment and order of conviction dated 26-8-86 passed by the learned Sessions Judge Perojpur on Sessions Case No. 21 of 1986 convicti...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502.......d by the learned Sessions Judge Perojpur on Sessions Case No. 21 of 1986 convicting the appellants under sections 304/34 of the Penal Code and sentencing each of the suffer rigorous imprisonment (RI) for 5(five) years and to pay a fine of Taka 300 in default to suffer simple imprisonment (SI) for 15..Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
.... was obtained by the preemptor- petitioner of the Miscellaneous Case No. 36/1994 upon making an application for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13-7-1998 passed by the learned District Judges, Serajganj in Miscellaneous Appeal No. 37 of 1......e applicant or applicants at the time of making it deposited in the Court the amount of consideration money or the value of the transferred holding or portion or share of the holding as stated in the notice under section 89 or in the deed of transfer as the case may be together with compensation of ......pposite Parties. Civil Revision No. 5039 of 1998. Judgment KM Khaled J.- This Rule, was obtained by the preemptor- petitioner of the Miscellaneous Case No. 36/1994 upon making an application for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13..Category: Procedural Law | Date: | Hits: 75
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