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Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ......dvocate-on-Record—For the Petitioners (In Civil Petition No.869 of 2011). Mahmudul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave ..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ......the Customs Act and for that reason it cannot be said that the petitioner is left with no remedy. But the unconditional Bank Guarantee cannot be stopped from encashment in any manner except in a rare case of fraud. The applicant has brought this application for the purpose of stopping the encashme..Category: Business or Commercial Law | Date: | Hits: 200
Iftekhar Uddin Ahmed Vs. Artha Rin Adalat and another, 2011, 40 CLC (HCD)
.... to be without lawful authority and is of no legal effect. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (2011) 674. ...... The judgment-debtors having failed to pay the decretal dues, the Bank filed Money Decree Execution Case No.7 of 1995 before the Adalat in the year 1995 for realization of the decretal dues. The said case was disallowed on 14-5-2001. The order sheet of the execution has been destroyed. The decree-ho..Category: Civil Law | Date: | Hits: 83
Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)
.... Let a copy of this judgment be forwarded to the Additional Sessions Judge, Narayanganj, for necessary action in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 489....... Appeal No.1310 of 1990 and Criminal Revision No.1252(R) of 1992 for bail. 2. The reference, the Appeal and the Revision have been heard together and this judgment would govern them all. 3. The case of the prosecution, in brief, is that on Thursday the 18th Kartic, 1394 BS, corresponding to ..Category: Criminal Law | Date: | Hits: 91
....h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
..
Category: Property Law | Date: | Hits: 68
State Vs. Sabu and others, 2009, 38 CLC (AD)
.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445.......hairul Haque J. - This is a petition for leave to appeal in respect of the judgment and order of acquittal passed by the High Court Division in Criminal Appeal No.255 of 2005. 2. The prosecution case, in short, is that on the night following 22.04.2001, one Sabu entered the room of Jobeda Khatu..Category: Criminal Law | Date: | Hits: 71
State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)
....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443...Category: Criminal Law | Date: | Hits: 98
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......dated 30-6-2007 (decree signed on 10-6-2007) passed by the learned Senior Assistant Judge, Savar, Dhaka in Title Suit No.169 of 2003 dismissing the suit should not be set aside. 2. The fact of the case in-short is that, the petitioner as plaintiff instituted Title Suit No.169 of 2003 in the Court..Category: Property Law | Date: | Hits: 74
Helm Dungemittel Gmbh Vs. BCIC and another, 2009, 38 CLC (HCD)
....f any order to have been made by this Court in conjunction with the Arbitration Application No.1 of 2007. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 783. ......rded amount and/or cost of arbitration?" 8. It is noted that the interim award of 27-3-2008 as appended to the Application as Annexure 'D' in its entirety is predicated upon a consideration of the case both of HELM as the Claimant/First Party and of BCIC as the respondent/Second Party coupled wit..Category: Alternative Dispute Resolution | Date: | Hits: 172
State Vs. Jabbar, 2010, 39 CLC (AD)
....htly found the accused respondent not guilty of the charge. We find no merit in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 441. ......bunal No.1, Dhaka in Druta Bichar Tribunal Case No.9 of 2007 to face charge under section 302/34 of the Penal Code for the murder of one Helal on 6th October, 1998. 2. According to the-prosecution case, victim Helal had altercation with co-accused Mizan @ Mizanur Rahman Mizan on the day of occu..Category: Criminal Law | Date: | Hits: 53
....r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ......r Rahman, the learned Advocate-on-Record, failed to dislodge this finding of the High Court Division.
Accordingly, this petition is dismissed.
This Case is also Reported in: VIII ADC (2011) 439. ..
Category: Procedural Law | Date: | Hits: 76
Sanowara Begum and others Vs. Mohammad Rashedul Hoque and others, 2009, 38 CLC (AD)
....ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ......ng on behalf of the petitioners, fails to assail the above reasonings of the High Court Division. As such, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 438. ..Category: Administrative Law | Date: | Hits: 166
Abu Syed Khan Vs. Humayun Kabir and another, 2011, 40 CLC (AD)
....fectly justified in decreeing the suit. We find no merit in the contention of Mr. Mahbubey Alam. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 436. ......tle and decreed the suit on the reasonings that the plaintiffs acquired title on the strength of exhibit-3 series and on the other hand, the defendant failed to produce title deed in support of his case and that he filed a photostat copy of a deed which was not also exhibited in the suit. On the q..Category: Property Law | Date: | Hits: 73
Government of Bangladesh and others Vs. Ansarul Huq, 2011, 40 CLC (AD)
....ith such order of refusing to condone the delay. No point of law is involved in this matter. This petition is accordingly, dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 434. ......the service. After expiry of one year, the authority did not pay his service benefits on some baseless allegations. The Administrative Tribunal by judgment and order dated 3rd March, 2008 allowed the case and directed the petitioners to give him pension and other retirement benefits. Being aggrieved..Category: Administrative Law | Date: | Hits: 206
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
....e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ......khas possession in respect of the suit property measuring 10(ten) kathas of land in Khatian No.42(Old) at present khatian No.45 out of total area comprising 1.75 acres of land. 3. The facts of the case of the plaintiff-petitioners are, in short, that land of the original C.S. Khatian No. 42, C.S...Category: Property Law | Date: | Hits: 71
...., we find no substance in the submissions of the learned Counsel for the appellant.
Accordingly, the Appeal is dismissed in ex-parte.
Ed.
This Case is also Reported in: VIII ADC (2011) 428. ......the application if it is satisfied that any one or more of the conditions laid down in sub-section (2) of Section 152D cither had been complied with or not for the purpose of the application. In this case, on a reference to the impugned order it appears that the Commission found that the condition o..
Category: Fiscal/Taxation Law | Date: | Hits: 113
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
.... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ......ort, are: 3. Respondent No.1 instituted Other Class Suit No.15 of 2004 in the Court of Assistant Judge, Baladangi, Thakurgaon for recovery of khas possession by removing kachha houses. 4. The case of the plaintiff, in short, is that the suit land appertaining to C.S. khatian No. 297/3 corres..Category: Property Law | Date: | Hits: 79
Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)
....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ......unreasonable proposition that there is a parity in between the members of lower judicial service and the political executives or legislators, inasmuch as, a member of the judicial service in that case stands on the same footing like that of member of parliament or a member of Council of Minister..Category: Constitutional Law | Date: | Hits: 441
....ral and documentary, and as such no interference is called for.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VIII ADC (2011) 410.
......r selling the schedule property by auction or tender was without any lawful authority and jurisdiction.
13. Pro forma defendant No. 3 contested the suit by filing a written statement and it is the case of this defendant that the property of original owner Satayapada Todi was not declared as ene..
Category: Property Law | Date: | Hits: 82
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......nd obtained a decree on 24th May, 1989. Pursuant thereto, he got a sale deed duly executed and registered through Court and also got formal possession of the suit lands through Court. His further case is that the plaintiff’s deed of agreement for sale dated 27th March, 1984 is ante-dated and c..Category: Procedural Law | Date: | Hits: 76
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