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Liton Vs. State, 2011, 40 CLC (HCD)
....e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ......e and reduced to his sentence to the period undergone. Send down the L.C. R. along with the judgment to the courts below. AKM Zahirul Haque J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 48
Zabbar Muhury Vs. State, 2011, 40 CLC (HCD)
....any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ......any witness of the case, the trial Court is hereby directed to grant bail to the petitioner. Communicate the order at once. AKM Zahirul Hoque J.- I agree. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 46
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....is directed against the judgment and order dated the 20th day of April, 2008 passed by the High Court Division in Writ Petition No.2597 of 2008 summarily rejecting the application without issuing the Rule. 2. The facts involved in the case, in short, are that the properties in C.S. Khatian No.26,......e above, we find no substance 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) 138. ..Category: Property Law | Date: | Hits: 59
Most. Aleya Begum and others Vs. Rahima Begum and others, 2010, 39 CLC (AD)
....m Mominur Rahman J.- Instant petition for leave to appeal under Article 103 of the Constitution is against the judgment and order dated 05.10.2009 passed by the High Court Division in discharging the Rule issued in Civil Revision No.2245 of 2007 upholding the judgment and decree dated 08.03.2007 p......rced in any court of law. In the premises, we do not find any substance in the application. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 134...Category: Property Law | Date: | Hits: 61
National Board of Revenue and others Vs. PHP Cold Rolling Mills Limited, 2009, 38 CLC (AD)
....Petitions. Those writ petitions were heard analogously. Thereafter, by the judgment and order dated 25.07.2007, the draw back in respect of the IDSC was allowed by the High Court Division and all the Rules were made absolute. 3. Against the said judgment and order of the High Court Division, the ...... writ petitions were heard analogously. Thereafter, by the judgment and order dated 25.07.2007, the draw back in respect of the IDSC was allowed by the High Court Division and all the Rules were made absolute. 3. Against the said judgment and order of the High Court Division, the petitioners file..Category: Fiscal/Taxation Law | Date: | Hits: 70
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......e Ministry of lands for release of the property as per law. As soon as the lands were acquired and the gazette notification is published. under section 5(7) of the Act, the acquired property vested absolutely in the Government free from all encumbrances and such acquisition cannot be attacked on..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....lved: Arifur Rahman, Advocate—For the Petitioner. Abdul Hameed Chowdhury with Mohammad Ali Zinnah, Advocates—For Opposite Party No.1. Civil Revision No. 1107 of 1993. Judgment This Rule under section 115 of the code of Civil Procedure is directed against the judgment and decree da......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...Category: Property Law | Date: | Hits: 89
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....D (AD) 231. Lawyers Involved: Garib Newaj with Maksuda Akhter, Advocates - For the Petitioners. Not represented- the Opposite Parties. Civil Revision No. 3542 of 1996. Judgment This Rule is at the instance of the defendants, against the judgment and decree dated 23-8-95 passed in T......t allowing the appeal under misconception of law as well as on misreading of the evidence. For the reason and discussions made above, I find merits in this Rule and in the result, the Rule is made absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court a..Category: Property Law | Date: | Hits: 108
Nahar Shipping Lines Limited and another Vs. Homera Ahmed and others, 1999, 28 CLC (HCD)
....une, 1999 filed by the petitioners within 6(six) weeks from date and the affidavit in compliance to be filed within 1(one) week thereafter. Ed. This Case is also Reported in: 52 DLR (2000) 585. ......cie case and accordingly, admitted the main application. When an application is admitted the same is not liable to be dismissed/rejected summarily without hearing on merit, unless such application is absolutely incompetent being without jurisdiction and precisely for this reason Order 7 rule 11 of t..Category: Company Law | Date: | Hits: 235
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
....Enayetur Rahim, Advocate—For the Petitioner. Md. Mustafa, Assistant Attorney-General—For the State. Criminal Miscellaneous Case No. 309 of 1998. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the judgment and order dated 10-7-97 ......did not consider the inquiry report. So, the matter is sent back to the learned Magistrate for hearing afresh in the light of observations made in this judgment. 7. In the result, the Rule is made absolute. The order dated 10-7-97 passed by the learned Sessions Judge in Criminal Revision No.92 of..Category: Criminal Law | Date: | Hits: 67
Government of Bangladesh and others Vs. Sontosh Kumar Shaha and others, 2009, 38 CLC (AD)
....tition are that while the writ-petitioner was serving as the Senior Assistant Judge at Chuadanga, two departmental proceedings under the provisions of the Government Servant (Discipline and Appeal) Rules,1985, were instituted against him on the allegations of corruption and that he was also plac......was not placed before the G.A. Committee and then to the Full Court of the High Court Division, rather those were made and initiated without lawful authority and on these findings the Rule was made absolute. 4. Mr. M.K. Rahman, the learned Additional Attorney General, appearing on behalf of the..Category: Employment/Service Law | Date: | Hits: 73
KM Zakir Hossain Vs. Bangladesh Bank and others, 2000, 29 CLC (HCD)
....ondent No. 3. Mahmudul Islam, Advocate — For the Respondent No. 4. Rokonuddin Mahmud, Advocate — For the Respondent No. 5. Writ Petition No. 4828 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why the Memo No.BRPD (P) 651/9(4)Kh......this petition sufficient facts are not given, on the basis of which, collusion between the parties can be definitely established. Mr. Rafique-ul Huq has further stated that the Rule should be made absolute as the ‘No objection’ is in nature. In this connection he has referred to a similar pra..Category: Business or Commercial Law | Date: | Hits: 208
Md. Mobarak Hossain Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
..... - This Petition for Leave to Appeal is directed against the judgment and order dated the 19th day of August, 2009 passed by the High Court Division in Writ Petition No. 3354 of 2008 discharging the Rule vacating the interim order of stay. 2. The facts involved in the case, in short, are that in......er did not invoke adjudication proceeding, which the petitioner indeed did as would be seen from Annexure-S and SI to the writ petition; therefore, the Rule in the writ petition should have been made absolute because termination of contract and encashment of bank guarantee by the respondents before ..Category: Others | Date: | Hits: 118
Anti-Corruption Commission Vs. Shamima Begum & others, 2009, 38CLC (AD)
....e directed against the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition No. 8 of 2008 with WP No. 1777 of 2008 and WP No. 1778 of 2008 making the Rule absolute. 2. The facts involved in the case, in short, are that the writ-petitioner is state......ected against the judgment and order dated the 28th day of July, 2008 passed by the High Court Division in Writ Petition No. 8 of 2008 with WP No. 1777 of 2008 and WP No. 1778 of 2008 making the Rule absolute. 2. The facts involved in the case, in short, are that the writ-petitioner is stated to ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Mainmunal Islam and others vs. The Collector of Customs and others, 2010, 39 CLC (AD)
....etition Nos.1015, 1016, 1042, 1022, 1650, 1512, 1960, 1845, 1598, 1964, 1836, 1743, 1265 and 1249 of 1993 and 229, 1613, 1614, 1900, 1997, 2310, and 2610 of 1994 heard analogously and discharging the Rules by two separate judgments. 2. The facts, in short, are that in all those writ petitions two......essed with customs duty and Vat on the basis of such S.R.O. We find no substance in these appeals which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 227. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......and order dated 13th March, 2000. 5. The plaintiff petitioners, thereafter, moved the High Court Division in Civil Revision No.5490 of 2000. A Single Bench of the High Court Division made the rule absolute by judgment and order dated 11th December, 2006. Thereafter, the petitioners moved this cou..Category: Property Law | Date: | Hits: 80
Government of Bangladesh and others Vs. Md. Enamul Kabir and another, 2010, 39 CLC (AD)
....ted 02.11.2009 passed in Writ Petition No.9231 of 2008 and Leave Petition No.847 of 2010 is directed against the judgment and order dated 18.03.2010 passed in Writ Petition No.8599 of 2009 making the Rule absolute in both the petitions. The short facts are as under:- 3. The respondent No.3 who ......2.11.2009 passed in Writ Petition No.9231 of 2008 and Leave Petition No.847 of 2010 is directed against the judgment and order dated 18.03.2010 passed in Writ Petition No.8599 of 2009 making the Rule absolute in both the petitions. The short facts are as under:- 3. The respondent No.3 who is th..Category: Others | Date: | Hits: 165
....he averments made in the petition for condonation of delay.
15. An objection has been raised on the summary disposal of the petition for condonation of delay on the ground that the provisions of Rules 30 and 31 of Order XLI of the Code of Civil Procedure had not been complied with.
16. The h......nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
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Category: Limitation Law | Date: | Hits: 165
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
....ove Respondent filed an application for hearing the issue of maintainability to which the petitioners objected. Thereafter in the Miscellaneous Case, the Respondent filed an application under order 7 Rule 11 of the Code of Civil Procedure for rejecting it stating that the case is barred by law. The ...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..Category: Trust/Waqf Law | Date: | Hits: 171
Ayesha Khatun & others Vs. Rabindra Chandra Saha and others, 2006, 35 CLC (HCD)
.... Court. 14. It is against the aforesaid judgment and decree dated 20-1-2002 that the heirs of the original defendant No. 1, Ayesha Khatun, as petitioners, moved this Court and obtained the present Rule. 15. The learned Advocate for the defendant petitioners did not appear to support the conten......as to costs and the impugned judgment of the leaned Additional District Judge is upheld and the suit is decreed. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 641. ..Category: Property Law | Date: | Hits: 126
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