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Monirul Islam Vs. State and another, 2009, 38 CLC (HCD)
....ashava Chairman of Moyeshkhali to settle the dispute. The Chairman of Moyeshkhali pourashava issued notice upon the parties fixing the date on 21.8.2004, 26.8.2004, 04.9.2004 and13.9.2004. In the meantime the accused petitioner filed an application under section 14(1) of the Pourashava Manual before......istrate), Moyeshkhali, Cox's Bazar is quashed. Let a copy of the judgment be sent forthwith. Sheikh Rezowan Ali J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 327. ..Category: Criminal Law | Date: | Hits: 93
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....3(three) witnesses in support of their respective claims. 5. The Trial Judge on consideration of the materials on record arrived at a finding that the application for pre-emption was filed within time from the date of knowledge of the pre-emptor; that at the time of purchase the pre-emptee-petit......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ..Category: Property Law | Date: | Hits: 37
S.M. Zakir Hossain Vs. Bangladesh, 2009, CLC (HCD)
....otification dated 02.04.2003 issued by the respondent No.1 on or before 01.03.2007 intimating the same to the petitioner or his lawyer. But the respondent did not comply the same. 8. At the time of hearing of the Rule, the learned Advocate filed supplementary affidavit on be...... Mir Hashmat Ali J.- I agree. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 121
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... by the second Judges case (Advocates-on-Record Association Vs. Union of India), 1993 (4) (SCC) 441 and the opinion of the Supreme Court in the Presidential Reference (Reference No. 1 of 1998). It is time the original balance of power is restored". 7. This recommendation is mainly based on the v......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....he dispute between the parties could be solved through arbitration, but the plaintiff without following the said terms of contract instituted the false suit which is liable to be dismissed as also time barred. On the other hand the added defendant No.2 Islami Bank also contested the suit contend...... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 110
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....inst co-sharers till legal partition is made by way of a decree for permanent injunction. The Court of Appeal below noticed that the defendants’ kabala dated 15.03.1998 is earlier in point of time as against the plaintiff’s kabala dated 15.04.1998. The Court of Appeal below considered......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 29
Special Reference No.1 of 2009, 38 CLC (AD)
....nd inappropriateness of the reference. His main contention is that the number of cases so far filed by the authority is under investigation and the investigation is not only continuing now but also a time consuming one and the present reference in that context is a premature one and as such there is......e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 289
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
.... came in the hotel. The victim told Tushar to sit in the hotel saying that he would go with Raju for half an hour. 5. The victim, thereafter, left hotel with Raju with his motorbike. At the time of occurrence, the informant was at Rajshahi at his sister's house. On returning from Raj......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..Category: Criminal Law | Date: | Hits: 53
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....writ petition as Annexure-X contains the date 23.03.1999 but the copies of the same which were sent to the Superintending Engineer and to the Executive Engineer contains the date 09.10.2000 and the time of difference of 19 months between the letters creates serious doubt as to the genuinenes......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....n statement denying the plaint's case contending, inter alia, that the Chhakkun Miah was the owner of the suit property who allowed Alim Miah permissive possession in the suit property for the time being, said Alim Miah got his name recorded in the R.S. Khatin taking advantage of minori......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
....e petition of the petitioner under Section 19 (1), for depositing rent of the case premises. It is also to be mentioned here that in the premises Rent Control ordinance there is no mention of any time limit for the deposit of arrear rents. Time is fixed for deposit of one months rent only and ...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..Category: Tenancy Law | Date: | Hits: 145
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
....by filing written statement contending, amongst others, that kanaklata, vendor of the plaintiff, did not acquire any right, title and interest in the suit land and she left for India during the lifetime of her husband Nironjan and she was staying in India having married there and that ...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ..Category: Property Law | Date: | Hits: 54
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
.... suit land, some unknown person at first began to use the 100 wide DIT Road adjacent to the suit land for selling therein local vegetables and daily necessaries under open sky and with the passage of time they began to sit on the suit land which was then lying vacant and then the defendant petitione......no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122...Category: Property Law | Date: | Hits: 25
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....d by the Deputy Commissioner upon the owners of the land requisitioned and as against the said notice neither the owners nor the writ-petitioners raised any objection, that at no point of time any order was passed by the Government for de-requisition of the land under the Town Improvem......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....arty interested in 'MV Dali' and 'MV Lady Fatima' now both berthed at Chittagong. The pro-forma defendant Nos. 16 to 19 has been impleaded in the suit to give effect to the order of the Court from time to time in connection with the suit. The plaintiff during the course of business entered into ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....nt, Anowar Hossain Pinto started for Burichang without waiting for the arrival of the Chairman with dagger in their hands saying that they would demand justice from the Chairman on the way. At that time, the accused Nabalak Mia (since acquitted) called the condemned prisoner, Abul Kashem and accus......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....ff has also suffered other losses. Since Agrani Bank, defendant No.7, the L/C confirming Bank, did not pay debt as per contract, the factory and business of the plaintiff was inoperative for a long time and accordingly, a huge amount of interest was credited against the loan account of the plaint......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..Category: Business or Commercial Law | Date: | Hits: 178
Mohammad Mostafa alias Dayemuddin and another Vs. State, 2009, 38 CLC (AD)
....o the informant and others on Dag No.770 of M.R.R. Khatian No.1311 corresponding to Dag No. 240 of D.P. khatian No.1077 in mouza Ramgati in order to plough and plant "Aus" paddy. At that time accused Dayemuddin, Mostufa, Noor Nabi @ Shanu, Mahibullah and others forming unlawful assembl......Sessions Judge, Laxmipur. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 150; 14 MLR (AD) (2009) 334. ..Category: Criminal Law | Date: | Hits: 50
Md. Shajahan Ali alias Md Shajahan Vs. State, 2009, 38 CLC (AD)
....han from confessional statement of accused Shahjahan it appears that admittedly police did not arrest accused Shahjahan who voluntarily surrendered and made the confession at the earliest possible time. According to confession accused Shahjahan brutally killed victim Sharifa Khatun with Chapati ......ind no substance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 325. ..Category: Criminal Law | Date: | Hits: 52
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
....etitioner takes lease of closed fisheries particularly from the Government. In the district of Mymensingh there exists a closed fishery named "Color Beel" which being unutilized for long time but still eligible for cultivating fish, the writ petitioner submitted an application before t...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 312. ..Category: Property Law | Date: | Hits: 30
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