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....in J.- This petition for leave to appeal is directed against the judgment and order dated 09.11.2004 passed by a Division Bench of the High Court Division in Writ Petition No. 4695 of 2002 making the Rule absolute-in-part.
2. Short facts are that the respondent No. 1 filed the aforesaid writ peti......- This petition for leave to appeal is directed against the judgment and order dated 09.11.2004 passed by a Division Bench of the High Court Division in Writ Petition No. 4695 of 2002 making the Rule absolute-in-part.
2. Short facts are that the respondent No. 1 filed the aforesaid writ petition ..
Category: Others | Date: | Hits: 92
Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)
....ssing the Civil Petition for Leave to Appeal No.524 of 2009, in respect of the judgment and order dated 01.02.2009, passed by the High Court Division in Writ Petition No.7492 of 2005, discharging the Rule. 2. The facts leading to the filing of the writ-petition are that the petitioners challenged......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...Category: Civil Law | Date: | Hits: 85
.... Hoque, Assistant Attorney-General—For the Respondent.
Writ Petition No. 3535 of 2005
Judgment
Syed Refaat Ahmed J.- In this Application under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondent to show cause as to why the respondent should not b......maintain status quo allowing the petitioner to continue its distribution activities under the regime as was current at the time that this Rule was issued and the direction made, that the Rule be made absolute by the Court. It is also prayed that as a corollary to that it would also be necessary by t..
Category: Information Technology Law | Date: | Hits: 171
Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)
....az, Advocate—For the Petitioners. AQM Safiullah with Md Ali Jinnah, Advocates—For the Opposite Party No. 1. Civil Revision No. 3107 of 2003. Judgment Moyeenul Islam Chowdhury J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment ......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..Category: Property Law | Date: | Hits: 39
Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)
....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......rrear instalÂments with interest. Further case of the defendant was, that plaintiff expended Taka 80,00,000 for foundation and piling for the purpose of highrise eighteen-storied building, which was absolutely a personal business of the plaintiff. There is no nexus between the defendant and such ex..Category: Property Law | Date: | Hits: 31
Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)
....Jafor Alim Khan, Advocate—For the Petitioner. Not Represented—the Opposite Parties. Civil Revision No. 4398 of 2002 Judgment MA Rashid J.- The pre-emptors obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against ......hat the agreement which does not appear to be genuine has transformed the sale into a mortgage and such decision has no doubt occasioned failure of justice. 16. In the result, the Rule is made absolute without however, any order as to cost. Impugned judgment and decree affirming those of the ..Category: Property Law | Date: | Hits: 27
Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)
....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ..Category: Property Law | Date: | Hits: 46
Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)
....Alam, Advocate — For the Petitioners. Md. Khurshid Alam Khan, Advocate—For the Opposite Parties. Civil Revision No. 4722 of 1991. Judgment Syed Mahmud Hossain J.- This Rule was issued on an application for revision filed by the plaintiffs under section 115(1) of the C...... In the result, the Rule is discharged without any order as to costs. Sent down the LC record with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 112. ..Category: Property Law | Date: | Hits: 25
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
....: S Rahman Miah J SM Ziaul Karim J Nurjahan Begum………………....Petitioner Vs. Nur Rahman and others……… Opposite Parties Judgment August 28, 2006. Result: The Rule is discharged. Cases Referred To- Sadek Ali vs Suruj Ali and others 7 DLR 94; Abdul Kader...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....(7) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 have been challenged as being in violation of Article 28(4) of the Constitution. He also brought to our notice Writ Petition No. 8283 of 2005 wherein Rule has been issued upon a challenge that section 6(2) ofthe Nari-o-Shishu Nirjatan (Bishesh Bidhan......pute with the accused and, therefore, his apprehension and handing over to the police was driven by an ulterior motive and clearly an act of vindictiveness. The learned Advocate submits that there is absolutely no legal evidence to sustain the conviction of the accused and for that prays that he may..Category: Criminal Law | Date: | Hits: 167
.... Assistant Attorney-General — For the Respondents.
Md. Ruhul Amin Bhuiyan, Advocate — For Respondent Nos. 1 & 2.
Writ Petition No. 6228 of 2003.
Judgment
ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of the petitioners SM Hasan Faruqi and 8 others calling upon th......n such vague charges.
14. Under the above facts and circumstances, we are constrained to hold that the Rule has got substance to interfere in the impugned order.
In the result, the Rule is made absolute but without any order as to cost The impugned order No. জাতি: বি: পরী:/à¦..
Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
.... Akhter, Deputy Attorney-General with Sk Taimur Reza Hasan, Assistant Attorney-General—For the Respondents. Writ Petition No. 667 of 2001 Judgment Md. Muzammel Hossain J.- This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as......order of dismissal made by the respondent No. 2 without compliance with the provisions of law and, as such, the impugned decision and order is liable to be set aside and the Rule is liable to be made absolute. He then submits that the Labour Court having been constituted and the proceedings having b..Category: Labour and Industrial Law | Date: | Hits: 108
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....mad Ziaul Haque, Advocates—For the Petitioner. HN Nondy with Moqbul Ahmed, Advocates—For the Opposite Party No. 1. Civil Revision No. 3682 of 2003. Judgment Sheikh Abdul Awal J.- This Rule at the instance of defendant-petitioner is directed against the order No. 83 dated 29-7-2003 pa...... defendant No. 1, filed an application praying to expunge to the statements as made in the deposition of defendant-opposite party No. 1, inasmuch as in his testimony before the trial Court he deposed absolutely beyond the pleadings and introduced a completely new story. 7. However, after hearing ..Category: Property Law | Date: | Hits: 42
....ent No.2.
AJ Mohammad Ali, Attorney-General—For Bangladesh and Md. Kamrul Huda, Advocate—Amicus Curiae.
Writ Petition No. 1547 of 20006.
Judgment
Farah Mahbub J.- This Rule under Article 102 of the Constitution has been issued upon the respondents to show cause as to ......‡à§Ÿ দলিল", any other encashable Negotiable Instrument to equate with "Bank Draft" or "Pay Order" as available in section 42(1) of the Ain. So, the learned Additional District Judge, Dhaka is absolutely right in not accepting the cheque which is not encashable on demand at any moment as secu..
Category: Civil Law | Date: | Hits: 90
Nantu Mia alias Nandu Mia alias Namdu Miah and others Vs. State, 2006, 35 CLC (HCD)
....yers involved: SM Shahjahan for Abdul Malek, Advocate—For the Appellants. Sheikh Rezaul Karim, Assistant Attorney-General-For the Respondent. Criminal Appeal No. 1808 of 2002 with suo moto Rule No. 122 (R) of 2002. Judgment Syed Md Ziaul Karim J.- By this appeal convict appellants h......k provide corroboration with the above ocular evidence. 38. The evidence of all prosecution witnesses are consistent, uniform and corroborate with each other in all material particulars. There is absolutely nothing to disbelieve the consistent and corroboÂrative evidence of those competent witn..Category: Criminal Law | Date: | Hits: 44
Eklimur Reza Khan Vs. State, 2005, 34 CLC (HCD)
....d. Abdul Mobin with Shafquat Hossain, Advocates—For the Petitioner. Shamim Ara Dora, Assistant Attorney-General with Shirin Afroz, Assistant Attorney-General—For the State. Criminal Rule No. 175(R) of 2005. Judgment Siddiqur Rahman Miah J.- This Rule has arisen out of......cient explanation for the delay and moreover, when counted from the day of knowledge there is no delay at all. 28. That being the position there is substance in the Rule which needs to be made absolute. In the result, the Rule is made absolute and the delay of 4132 days in filing the a..Category: Criminal Law | Date: | Hits: 31
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
.... 38. Having regard to the facts and circumstances of the case and evidence on record, I am of the view that this revisional application has merit which must be succeeded. 39. In the result the Rule is made absolute and the judgment and order dated 13-3-2003 passed by the learned Metropolitan ......egard to the facts and circumstances of the case and evidence on record, I am of the view that this revisional application has merit which must be succeeded. 39. In the result the Rule is made absolute and the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Se..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....ber, 1984, wherein it has said: In exercise of the powers conferred by section 114 of the Insurance Act, 1938 (VI of 1938), the Government is pleased to make the following amendments in the Insurance Rules, 1958. By the said amendment, Rule 4(a) provided for paid up capital in respect of the insuran......d in exercise of the power reserved to it by the Articles of Association of the company. The relevant article being Article 37 which reads as follows: “37. The Directors may at any time in their absolute and uncontrolled discretion and without assigning any reason for such refusal decline to re..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
....ion of the Appellate Division in paragraph 40 and 41 of the Judgment by his Lordship the Chief JusÂtice F.K.M.A. Munim. He has also made a reference to rules 47 and 48 of the Union Parishad Election Rules 1983, and submitted that it would be seen from the rules that the Election Tribunal has been i...... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ..Category: Election Law | Date: | Hits: 100
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
.... Ali, Advocate— For the Petitioner. A.K.M. Shamsul Karim, Advocate— For the State. Criminal Miscellaneous Case No. 73 of 1988 Judgment Fazle Hossain Mohammad Habibur Rahman J.—This Rule was issued on 20-6-88 calling upon the Secretary, Ministry of Home AfÂfairs, Government of Ban......et aside. We diÂrect that the detenu Gafur Mohammad Ibrahim be reÂleased and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35...Category: Criminal Law | Date: | Hits: 29
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