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Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
.....- The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88 of 1998 allowing the appeal in part ordering that the judgment and decree of the trial court so far as it relates to refusal to gr......f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....or setting aside the order of his dismissal dated 30.12.1993 passed by the respondent. The petitioner while serving as Junior Purser was placed under suspension on 05.01.1993 by respondent and a departmental proceeding was initiated against him, on 24.01.1993 for unauthorized absence. He submitt...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....ck ground of the facts of the instant case and as because question of law involved in the case needs resolution on trial, intervention of this court in the matter for doing complete justice to the parties in our view, would be quite appropriate and thereby parties would not be prejudiced, partic...... learned Single Bench of the High Court Division rejected the same by the impugned order. 8. Leave was granted to consider the submission that having regard to the fact the local investigation was actually carried out and report thereto was submitted and as such the learned Sin..Category: Property Law | Date: | Hits: 31
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ssing the suit upon reversing the judgment and decree dated April 28, 1985 of the Court of Munsif (now Assistant Judge) Upazila Babuganj, Barisal in Title Suit No. 285 of 1984 decreeing the same in part and thereby declaring title of the plaintiff Nos.2-4 acquired by the kabala dated September 30,......ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ..Category: Property Law | Date: | Hits: 53
Aktaruzzaman alias Sahin Vs. Abdur Rashid Khan and others, 2006, 35 CLC (AD)
....co-sharer by inheritance. 4. The prayer for pre-emption was resisted stating, inter alia, that pre-emptor is not a co-sharer of the land but a contiguous land owner, that land of plot No. 5351 was partitioned by a registered deed of partition amongst all the co-sharers before the impugn......ard along with appeal arising of the civil petition for leave to appeal No. 317 of 2002 wherein leave has been granted on 27.8.2003. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 250. ..Category: Property Law | Date: | Hits: 35
State Vs. Abdul Toab alias Abdul Towab and other, 2005, 34 CLC (AD)
....ntence, however, was awarded under Section 5(2) of Act II of 1947. The accused respondents preferred Criminal Appeal No. 1600 of 1998 and Division Bench of the High Court Division after hearing the parties allowed the appeal setting aside the judgment and order of the trial court and thereby acqu......FIR, Dinajpur PS. Case No. 10 dated 17 June, 1987 was started and considering the dates of occurrence the case was splitted up into eight cases and separate charge sheets were submitted after investigation in all those cases. During trial charges were framed in the present case against..Category: Criminal Law | Date: | Hits: 35
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....der. 2. The facts, in short, are that the respondents as petitioners filed the aforesaid writ petitions stating, inter alia, that to protect loss of crops due to insect pests the Extension Department of the Ministry of Agriculture started a project named "Strengthening Plant Protectio......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Md. Mofazzal Hossain Vs. Md. Muklesur Rahman and others, 2006, 35 CLC (AD)
.... entered into an agreement with him for sale of 8.31 acres of land out of his 14.31 acres of land out of Plot Nos. 6668 and 6669 of Khatian No. 657 of Mouza Chandpur Municipality and on receipt of part payment of Tk. 20,000.00 out of the consideration money of Tk.25,000.00, Anukul Chandra D......re the paper book out of court in accordance with Rules. In part II of the paper book deposition of both the parties and the exhibited documents in the suit are to be included. Ed. ..Category: Property Law | Date: | Hits: 30
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
....an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure for temporary injunction, so that they could not be evicted from the suit property and that the suit was fixed for ex-part hearing on 25.04.2000 when the defendant petitioners filed written statement and thus took of...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....alf of the writ respondents though the learned Attorney General appeared and made submissions on behalf of the respondent Nos. 1 to 3. A Division Bench of the High Court Division after hearing the parties made the rule absolute holding, inter alia, that the learned Attorney General after r......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....Prabhat Chandra Shil the vendor of the defendant Nos.1 and 2 was a barber and he was a permissive possessor of .10 acre of land under Barada Kanta Chakravarty, that the land in suit was never partitioned by metes and bounds amongst the co-sharers and the plaintiffs are in possession of less......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
....at on receiving approval the respondent No. 2 The Executive Engineer, Sylhet P.W.D. Division asked the writ petitioner in 5 separate letters dated 18.03.2004 to deposit in part the bid money in respect of 5 items and the writ petitioner accordingly deposited the bid mone......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
Abu Taleb Vs. State, 2007, 36 CLC (AD)
.... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ......first information report with Tejgaon Police Station narrating the occurrence on the basis of which Tejgaon PS Case No. 82 dated 20-6-1995 was started under section 385 of the Penal Code and after investigation charge sheet was submitted on 27-1-1996 against the petitioner under section 385 of t..Category: Criminal Law | Date: | Hits: 47
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....t for allotment of an industrial plot and respondent No. 2 of the said writ petition and the appellant in CANo.62 of 2004 was allotted 5 kathas of land by letter dated 26-2-1995 being the southern part of Industrial Plot No. 170, Tejgaon Industrial Area, Dhaka. The said appellant (respondent No.......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....ate Judge (now Joint District Judge), Dhaka in Title Suit No. 22 of 1967 decreeing the suit. The suit was filed seeking declaration of title, recovery of khas possession and for separate saham upon partition of the land in suit. 2. It was the case of the plaintiff that the land of CS plot ......the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....tition Nos. 4044 of 2004 the 20th Annual General Meeting may be allowed to be held without the agenda of election of directors after condoning the delay and that there was no wilful default on the part of the company. The learned Advocate for Bangladesh Bank, the petitioner herein, on the other ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Wasim Mia (Md) Vs. State, 2007, 36 CLC (AD)
....prisonment for two years more. 3. Both the accused preferred Criminal Appeal No. 473 of 2002 before the High Court Division. By the impugned judgment and order the appeal has been allowed in part acquitting the co-accused Md Wafiz Mia while dismissing the appeal so far as it relates to the......d by Md Wasim Mia and another and then she was taken to Netrokona Hospital and on the basis of a complaint filed by Khodeja Khatoon, her mother, Netrokona PS Case No.11(8)200 was started and after investigation police submitted charge-sheet against the appellant Md. Wasim Mia and Md. Wafiz Mia (..Category: Criminal Law | Date: | Hits: 71
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
.... during April May 2005 he saw a man selling honey and on query the man disclosed his name as Mehdhi and used to come to his shop off and on and that Mehdhi told him that he was linked with an Islamic party and through constant discussion the witness also felt interested in Islamic party and seeing...... On the basis of the statement of this witness, Jhalakati PS Case No.12 dated 14-11-2005 was started against condemned prisoner Mamun and others under sections 302/34 of the Penal Code. 20. During investigation accused (1) Shayekh Abdur Rahman, (2) Md Siddiqul Islam Bangla Bhai, (3) Md Ataur Sani..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....o him by the above banks and as a result he had to pay a sum of Taka 8,00,000 to the above banks which accrued as interest and ultimately, had to stop the construction works; so the respondent No.1, apart from getting Taka 8,00,000 paid as interest, is also entitled to get Taka 3,80,000 being the am......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....d decrees in both the suits Writ Petition Nos. 3260 of 2001 and 3261 of 2001 were filed by the petitioner before the High Court Division. A Division Bench of the High Court Division after hearing the parties discharged the Rules. 8. Hence are these petitions. 9. Mr. Abdul Wadud Bhuiyan, learne......well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ..Category: Business or Commercial Law | Date: | Hits: 135