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Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)
....im J. - This Petition for Leave to Appeal is directed against the judgment and order dated the 28th day of May, 2009 passed by the High Court Division in Writ Petition No.4716 of 2005 discharging the Rule. 2. The facts involved in the case, in short, are that the petitioner was appointed as Nikah......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ..Category: Civil Law | Date: | Hits: 111
....88).
Judgment
Mohammad Fazlul Karim J.- This appeal, by leave, is directed against the judgment and order 08.08.1996 passed by High Court Division in Writ Petition No.80 of 1988 discharging the Rule.
2. The facts of the case, in short, are that on 13.08.1960 the erstwhile Government of East......s in favour of the Government. So, prima-facie the judgment and order of the Court of Settlement is illegal; that in view of its aforesaid own finding the High Court Division ought have made the rule absolute and that the High Court Division acted beyond its jurisdiction in discharging the rule af..
Category: Property Law | Date: | Hits: 41
.... from paying the interest till the date of realization of decreetal amount and also the order dated 11.5.2008 passed in Money Execution Case No.3 of 1999 rejecting the bank's application for set off. Rule was issued in this Writ Petition on 18.8.2008 and on that date an order also was passed staying......s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819...
Category: Civil Law | Date: | Hits: 75
Rabeya Khatun Vs. Sheikh Ashraful Islam and others, 2009, 38 CLC (AD)
....f 1975, 1976 and 1985 have not been legally proved and marked exhibits in the Case and having allowed the appeal decreeing the suit, the learned Judge of the High Court Division erred in making the Rule absolute without at all considering those findings of the appellate Court; that the defendant N......5, 1976 and 1985 have not been legally proved and marked exhibits in the Case and having allowed the appeal decreeing the suit, the learned Judge of the High Court Division erred in making the Rule absolute without at all considering those findings of the appellate Court; that the defendant No.1 M..Category: Property Law | Date: | Hits: 33
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... the above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 811.......ther of the petitioners and others used to plough the land and grew seasonal crops therein because the said lands are adjacent to the homestead of the petitioners. The petitioner and others are the absolute owners and possessors of the immoveable properties for which 11 notices for award issued an..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....es— For the Petitioners. Kh A M Mohsen Uddin with Zakia Ahmed Chowdhury, Advocates — For the Opposite Party No.1. Civil Revision No. 2448 of 2001. Judgment Md. Abdur Rashid J. - This Rule was obtained by uncles and aunts of the minor upon making a revision application under section ......e served best if the mother is given the custody. She cannot claim the custody of the minor child as a matter of right now.’’ As stated above, the above rule of tradition does not appear to be absolute. In the appointment of guardian of a Mohammedan minor under section 17 of the Act, the Cour..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....lowed with costs. Impugned order dated 22-1-2002 granting injunction is set aside and the application of the plaintiff dated 29-8-2001 is rejected. 22. In view of the above decision, the connected Rule is discharged. Order of stay is recalled and vacated. Learned Joint District Judge is directed ......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....e case was barred by limitation. This left the pre-emptee-appellant aggrieved. So he moved this Court with an application under section 115 (1) of the Code of Civil Procedure and obtained the instant Rule. 7. The petitioner is represented before this Court by Mr. Enayetur Rahim, the learned Advoc...... the trial Court to enable the pre-emptor to cure the defect of parties, but dismissed it. In the light of my above discussion I am inclined to allow this application. The Rule is, therefore, made absolute. The judgment and order dated 24-5-2001, passed by the learned Subordinate Judge and Artha ..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
....For the Petitioner. Fazlul Hoque Chowdhury, Assistant Attorney-General — For the Opposite Parties. Criminal Miscellaneous Case No. 4958 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite parties were called upon to show cause as to why the proceedings of CR Case No. 25......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ..Category: Criminal Law | Date: | Hits: 28
.... the Petitioner.
Murad Reza, Advocate‑ For Opposite Party No. 2.
JBM Hassan, 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 13‑8‑200......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.
..
Category: Procedural Law | Date: | Hits: 60
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
....ul Karim with Khandker Aminul Haque, Advocates—For the Petitioner. Md. Israfil Hossain, Advocate—For the Opposite 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......, as such, it should be maintained. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 54 DLR (2002) 500. ..Category: Procedural Law | Date: | Hits: 75
Syed Ahmed Chowdhury Vs. Abdur Rashid Mridha, 2002, 31 CLC (HCD)
.... Syed Ziaul Karim, Advocate—For Opposite Parties No.1 to 4. Criminal Revision No. 1002 of 1997. Judgment Amirul Kabir Chowdhury J. - At the instance of witness Syed Ahmed Chowdhury this Rule was issued calling upon the opposite party Nos. 1 to 4 to show cause as to why the order dated ...... interference. In view of the discussion made above we find that this Rule merits no consideration. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 54 DLR (2002) 498. ..Category: Criminal Law | Date: | Hits: 29
....yers Involved:
Syed Ziaul Karim, Advocate- For the Petitioner.
Shamsuddin Babul, Advocate- For the Respondents.
Writ Petition No. 743 of 1996.
Judgment
Syed Mahmud Hossain J. - In this Rule Nisi the writ petitioner challenges the direction given by the learned Subordinate Judge (respo...... the Rule. Accordingly, the Rule is discharged and the order of stay granted at the time of issuance of the Rule is hereby vacated. No costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 494...
Category: Civil Law | Date: | Hits: 76
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
....ion in Writ Petition No.705 of 1998.) Judgment Shah Abu Nayeem Mominur Rahman J. - Instant appeal is against the judgment and order dated 04.07.1999 passed by the High Court Division making the Rule absolute-issued in Writ Petition No.705 of 1998. 2. The writ petitioner challenged the memo ......n Writ Petition No.705 of 1998.) Judgment Shah Abu Nayeem Mominur Rahman J. - Instant appeal is against the judgment and order dated 04.07.1999 passed by the High Court Division making the Rule absolute-issued in Writ Petition No.705 of 1998. 2. The writ petitioner challenged the memo dated..Category: Employment/Service Law | Date: | Hits: 80
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
.....4338 of 2003. Both the Writ Petitions were disposed of by a common judgment dated 14.12.2004 along with Writ Petition No.2801 of 2004. The said three Writ Petitions were heard analogously. 2. The Rule was issued in Writ Petition No.552 of 2003 calling upon the respondents to show cause as to why......m date". The Attorney General office will communicate the judgment and order of this Court to the Ministry concerned for compliance. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 505...Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
.... Md. Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 18.08.2009 passed by the High Court Division in Civil Revision No.4189 of 2008 discharging the Rule and affirming the Judgment and decree dated 05.11.2008 passed by the learned Additional Distric......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500...Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....im J.- This Petition for Leave to Appeal is directed against the judgment and order dated the 20th day of May, 2009 passed by the High Court Division in Civil Revision No.4741 of 2006 discharging the Rule arising out of the judgment and decree dated 12.09.2006 passed by the Joint District Judge, 2nd......the 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: VII ADC (2010) 707...Category: Property Law | Date: | Hits: 42
Md. Siddiqur Rahman Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)
....dgment and order dated 29.04.2008 passed by the High Court Division in Writ Petition No. 2097 of 2007). Judgment ABM Khairul Haque J.- This is a petition for leave to appeal, discharging the Rule in Writ Petition No. 2097 of 2007, upholding the transfer of the petitioner as legal. 2. The......ons of Section 39 of the Ain. Under the circumstances, this petition merits no consideration. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 653...Category: Employment/Service Law | Date: | Hits: 71
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
....ion of the People's Republic of Bangladesh is directed against the judgment and Order dated the 17th day of March, 2009 passed by the High Court Division in Civil Revision No.185 of 2006 making the Rule absolute setting aside the judgment and decree dated 03.08.2005 passed by the learned Special D......f the People's Republic of Bangladesh is directed against the judgment and Order dated the 17th day of March, 2009 passed by the High Court Division in Civil Revision No.185 of 2006 making the Rule absolute setting aside the judgment and decree dated 03.08.2005 passed by the learned Special Distri..Category: Property Law | Date: | Hits: 30
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