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Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....orney General…For the Respondents Writ Petition No. 10002 of 2007. Judgment Md. Nuruzzaman J.- This is an application under Article 102 of the Constitution upon which instant Rule Nisi was issued calling upon the respondents should not be directed to absorb the petitioners i......s that are grouped together from others left out of the group and (ii) that differentia must have a rational relation to the object sought to be achieved.” 20. Accordingly, the Rule was made absolute in writ petition No. 4916 of 2002, which arising out of same project proforma. 21. T..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....ban, Dhaka, respondent No. 2 in Writ Petition No. 1163 of 1998, is from the judgment and order dated 27.8.98 passed by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No......, respondent No. 2 in Writ Petition No. 1163 of 1998, is from the judgment and order dated 27.8.98 passed by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein..

Category: Constitutional Law | Date: | Hits: 138

Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)

....Order Md. Abdul Matin J.- This petition for leave to appeal is directed against order dated 14.01.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1950 of 2008 issuing Rule with stay and subsequent extension dated 08.04.2009. 2. The facts, in short, are that th......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ..

Category: Others | Date: | Hits: 106

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

.... Bangladesh vide notification dated 15.12.2008 lifted Emergency with effect from 17.12.2008. Further, the President of the Republic promulgated the Emergency Power Ordinance, 2007 and Emergency Power Rules, 2007. 4. Briefly the prosecution case is that Secretary of the Anti-Corruption Commiss......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..

Category: Others | Date: | Hits: 98

State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)

....ion in Criminal Miscellaneous case No. 27555 of 2009 which arose out of Pakundia Police Station Case No. 05 dated 4-11-2009 now pending in the Chief Judicial Magistrate, Kishoreganj while issuing the Rule grant­ed anticipatory bail for a period of 6(six) months. 3. Heard the learned Addition......ion is accordingly discharged and the respon­dents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ..

Category: Others | Date: | Hits: 61

Md. Shamser Ali another Vs. Md. Shahajahan Ali and others, 2009, 38 CLC (AD)

....d. Abdul Matin J.- This petition for leave to appeal is directed against the judg­ment and order dated 21.08.2008 passed by the High Court Division in Civil Revision No. 1427 of 2005 discharging the Rule. 2. The facts, in short, are that the present respondent as petitioner instituted the su......rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ..

Category: Procedural Law | Date: | Hits: 92

Jahangir Alam Vs. Md. Joynal Abedin and others, 2010, 39 CLC (AD)

....009, concurred with the findings of the Appellate Court below that the pre-emptee is a subsequent purchaser from the common vendor and is a stranger to case land and on these findings, discharged the Rule. 3. S. N. Goswami, the learned Advocate for the  pre-emptee-petitioner is unable to dis......lopment cost of Tk.10, 000/-. With this notification of the order passed by the Additional District Judge, this petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 305. ..

Category: Property Law | Date: | Hits: 28

Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)

....he defendant No. 3, the petitioner herein, filed a written statement on 01.04.2008, denying all material averments and also prayed for dismissal of suit against her. Another application under Order 1 Rule 10(2) of the Code of Civil Procedure, was also filed on her behalf on 01.04.2008, praying for s...... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ..

Category: Banking Law | Date: | Hits: 77

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

....r Rahman J.-This appeal arose out of the leave grant­ed by this Division against the judgment and order dated 28.02.2001 by the High Court Division passed in Writ Petition No.2293 of 1997 making the Rule absolute. 2. The respondent preferred Writ Petition No.2293 of 1993 challenging the acqu......man J.-This appeal arose out of the leave grant­ed by this Division against the judgment and order dated 28.02.2001 by the High Court Division passed in Writ Petition No.2293 of 1997 making the Rule absolute. 2. The respondent preferred Writ Petition No.2293 of 1993 challenging the acquisi­..

Category: Property Law | Date: | Hits: 21

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..

Category: Property Law | Date: | Hits: 19

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....grieved by the said judgment of the lower Appellate Court moved the High Court Division in Civil Revision No. 3693 of 2004. The High Court Division by the judgment dated 22nd May, 2008 discharged the Rule with a cost of Tk. 20,000/-. 5.  Mr. Zainul Abedin, learned Advocate-on-Record appearin......-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ..

Category: Property Law | Date: | Hits: 18

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....rived at a correct decision. We, there­fore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 330. ......ntiff came to know that the defendant No.4 took the alleged settle­ment from the Ministry of Lands with the help of Government's officer collusively. The record of right in favour of govern­ment is absolutely wrong and collusive and the defendant No.4 can not claim the suit property on the basis o..

Category: Property Law | Date: | Hits: 25

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ..

Category: Property Law | Date: | Hits: 21

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

....arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ...... This petition for leave to appeal is directed against the judgment and order dated 18th November, 2007 of a Single Bench of the High Court Division in Civil Revision No. 5771 of 2001 making the rule absolute and setting aside the judgment and decree dated 14th August, 2001 of the learned Joint Dist..

Category: Property Law | Date: | Hits: 26

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....8.06.2005 passed by the High Court Division in Trade Mark Application No.13 of 2002 filed by the respondent No.1 under Section 46 of the Trade Marks Act, 1940, allowing the application and making the Rule absolute and directing the registered Trade Mark No.21508 dated 18.12.1984 in Class-30 to be va......2005 passed by the High Court Division in Trade Mark Application No.13 of 2002 filed by the respondent No.1 under Section 46 of the Trade Marks Act, 1940, allowing the application and making the Rule absolute and directing the registered Trade Mark No.21508 dated 18.12.1984 in Class-30 to be varied ..

Category: Intellectual Property Law | Date: | Hits: 273

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....appeal at the instance of the petitioner is directed against the judgment and order dated 12.08.2009 passed by a Division Bench of the High Court Division in Writ Petition No. 5127 of 2009 making the Rule absolute, which was filed challenging the action of the respondents of the writ petition on 24.......l at the instance of the petitioner is directed against the judgment and order dated 12.08.2009 passed by a Division Bench of the High Court Division in Writ Petition No. 5127 of 2009 making the Rule absolute, which was filed challenging the action of the respondents of the writ petition on 24.07.20..

Category: Others | Date: | Hits: 115

Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)

....Being aggrieved by the said judgment and decree the defendant pre­ferred Civil Revision No.3380 of 2000 before the High Court Division who by the judgment and order dated 25.01.2007 dis­charged the Rule affirming the concurrent finding of facts passed by the courts below observing that there is no......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ..

Category: Property Law | Date: | Hits: 20

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......e of writ respondent Nos. 1-5, is directed against the judgment and order dated 9th December, 2009 of a Division Bench of the High Court Division in Writ Petition No.8990 of 2008 making the rule nisi absolute. 2. Respondent No.1 instituted the above writ petition stating that he along with so..

Category: Constitutional Law | Date: | Hits: 107

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

....ppeal are directed against the judgment and order dated 04.03.2009 passed by the High Court Division in Writ Petition No.4623 (heard analogously with Writ Petition No. 4913 of 2008) discharg­ing the Rule arising out of Auction pro­ceeding published in the Daily Jhanakantha on 25.04.2008 by writ re......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..

Category: Property Law | Date: | Hits: 29

S. Co. Power Plant Ltd. Vs. Government of Bangladesh and oth­ers , 2009, 38 CLC (AD)

....etitioners submits that the learned Judges of the High Court Division committed illegality in failing to take into consideration that respondent Bank on 20.6.2008 filed an application under Order 21, Rule 43 of the Code of Civil Procedure for attachment of the immovable property of the petitioner co...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...

Category: Banking Law | Date: | Hits: 84