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Commissioner of Customs, Customs House, Dhaka and others Vs. Abdur Razib, 2008, 37 CLC (AD)
.... correct decision. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 314. ...... This petition for leave to appeal is directed against the judgment and order dated 22.3.2005 passed by a Division Bench of the High Court Division in Writ Petition No. 277 of 2000 making the rule absolute. 2. The short fact is that the respondent filed the aforesaid writ petition stating..Category: Fiscal/Taxation Law | Date: | Hits: 62
Md. Sulder Ali and another Vs. Md. Rahim Baksh and another, 2007, 36 CLC (AD)
....of Md. Sulder Ali and another pre-emptee petitioner is directed against the judgment and order dated 10.04.2006 passed by the High Court Division in Civil Revision No. 6292 of 2002 discharging the Rule on contest. 2. The facts, in short, are that the pre-emptee petitioner No.1 challe......ided the case on correct principle of law and fact. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 312. ..Category: Property Law | Date: | Hits: 33
AMM Ali Ashraf Vs. Nurun Rashid Chowdhury, 2007, 36 CLC (AD)
...., 2nd Court, Sylhet. The petitioners in the said application mentioned valuation of the application at Tk. 1,00,000/- and the High Court Division after hearing by the order dated 17.07.1994 issued Rule calling for the record and stayed the operation of the impugned judgment and decree passed by ......counsel this will suffice to mention that the assumption of jurisdiction to hear a matter by a Division Bench in respect of a Single Court matter suffers from no infirmity and depends upon the absolute discretion of the Court concerned. The jurisdictional problem sought to be raised in ..Category: Property Law | Date: | Hits: 32
Md. Ashraful Alam Vs. Md. Nazrul Islam, 2008, 37 CLC (AD)
....efendant-appellant) seeks leave to appeal against the judgment and order dated 25-07-2007 passed in Civil Revision No. 1837 of 2003 by the learned Single Judge of the High Court Division making the Rule absolute by setting aside the judgment and decree dated 30-11-2002 passed in Title Appeal No. ......ant-appellant) seeks leave to appeal against the judgment and order dated 25-07-2007 passed in Civil Revision No. 1837 of 2003 by the learned Single Judge of the High Court Division making the Rule absolute by setting aside the judgment and decree dated 30-11-2002 passed in Title Appeal No. 251 ..Category: Procedural Law | Date: | Hits: 77
Vickchand Miah and others Vs. Khurshida Khatun & ors., 1996, 25 CLC (AD)
....udgment Bimalendu Bikash Roy Chodhury J.- This appeal by leave arises out of the judgment and order dated 6 January 1992 passed by a Single Bench of the High Court Division, Dhaka making the Rule absolute in Civil Revision No. 268 of 1989 and thereby reversing the judgment and decree......t Bimalendu Bikash Roy Chodhury J.- This appeal by leave arises out of the judgment and order dated 6 January 1992 passed by a Single Bench of the High Court Division, Dhaka making the Rule absolute in Civil Revision No. 268 of 1989 and thereby reversing the judgment and decree dated..Category: Property Law | Date: | Hits: 40
Bangladesh Vs. Chairman, 1st Court of Settlement, Segunbagicha, Ramna, Dhaka, 2003, 32 CLC (AD)
....passed by the 1st Court of settlement. The High Court Division after elaborate discussion found that there was no illegality in the impugned judgment of the Court of settlement and accordingly, the Rule was discharged by the High Court Division. 3. Mr. Abdur Razaque Khan, the learned Addit...... Division in the Writ Petition No. 1370 of 1994. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 346. ..Category: Property Law | Date: | Hits: 38
Md. Shaha Alam Vs. Musammat Farida Begum, 1997, 26 CLC (AD)
....994). Judgment Mohammad Abdur Rouf J.- This appeal following leave, by the defendant is from the Judgment and Order dated 1-6-95 passed by a Division Bench of the High Court Division making the Rule, issued in Civil Revision No. 1471 of 1994, absolute and setting aside the concurrent Judgment ...... appeal following leave, by the defendant is from the Judgment and Order dated 1-6-95 passed by a Division Bench of the High Court Division making the Rule, issued in Civil Revision No. 1471 of 1994, absolute and setting aside the concurrent Judgment and decree passed by the learned District Judge, ..Category: Family Law | Date: | Hits: 180
Danish Ali & others Vs. Mrs. Sakina Bai & ors., 1998, 27 CLC (AD)
....buildings within Dhaka City, on adverse possession. Defendant respondent No. 1 through her son Samsuddin Soleman as her constituted attorney instituted the aforesaid Misc Case, under Order IX Rule 13 C.P.C. for setting aside the said ex parte decree on the ground of fraud and non service of......nce of the plaintiffs disposed of that revisional application by the impugned judgment and order, setting aside the order of the trial court holding inter alia, that the trial Judge upon taking an absolutely erroneous view on the Ward Commissioner's Certificate to be a death certificate of defen..Category: Procedural Law | Date: | Hits: 96
Surendra Nath Sarkar and another Vs. Md. Jalil Shaikh, 1997, 26 CLC (AD)
....ed Title Appeal No. 91 of 1990 in the Court of District Judge, Rajbari against the said decree. The appeal was dismissed for default on 20.11.91. Those defendants filed an application under order XLI Rule 19 of the Code of Civil Procedure, Misc. Case No. 1 of 1992, for re-admission of the appeal. Th......appeal by leave by the plaintiff appellants is from the judgment and order dated 20.7.93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 2199 of 1993 making the rule absolute. 2. The relevant facts are that the plaintiff appellants got a contested decree of perma..Category: Limitation Law | Date: | Hits: 166
Dhaka University Vs. Syed Md. Ismail, 1995, 24 CLC (AD)
....d Abdur Rouf J.- This appeal on leave by the defendants is from the judgment and order dated June 18, 1992 passed by the High Court Division in Civil Revision Case No. 7614 of 1991 discharging the Rule and affirming the judgment and decree dated July 31, 1991 passed by the Subordinate judge......cle 59(2) has not saved the Second Statutes. 9. After the repeal of the Ordinance of 1961 no identical re-enactment on the subject of the said Second Statutes has yet been made. Thus upon an absolutely erroneous assumption Dr. Rahman sought to press upon us that in spite of repeal of the D..Category: Employment/Service Law | Date: | Hits: 69
Md. Badruzzaman Vs. Begum Shamima Naz Siddique and others, 1998, 27 CLC (AD)
.... This appeal by leave, at the instance of the plaintiff, is directed against the judgment and order dated 10 August 1994 passed by a learned Single Judge of the High Court Division making the Rule absolute in Civil Revision No. 123 of 1988 (252/88) and thereby setting aside the order dated ...... appeal by leave, at the instance of the plaintiff, is directed against the judgment and order dated 10 August 1994 passed by a learned Single Judge of the High Court Division making the Rule absolute in Civil Revision No. 123 of 1988 (252/88) and thereby setting aside the order dated 13 Au..Category: Property Law | Date: | Hits: 31
Nurun Nabi Mullah and others Vs. Abdul Karim alias M.A. Karim and others, 2005, 34 CLC (AD)
....t Md. Ruhul Amin J.- This is plaintiff's appeal by leave against the judgment and order dated July 16, 2001of a Single Bench of the High Court Division in Civil Revision No. 232 of 1999 making the Rule absolute upon setting aside the judgment and decree of September 15, 1998 of the 3rd Court of A......Md. Ruhul Amin J.- This is plaintiff's appeal by leave against the judgment and order dated July 16, 2001of a Single Bench of the High Court Division in Civil Revision No. 232 of 1999 making the Rule absolute upon setting aside the judgment and decree of September 15, 1998 of the 3rd Court of Additi..Category: Property Law | Date: | Hits: 45
Bangladesh and others Vs. Jahangir Alam and others, 1998, 27 CLC (AD)
.... judgment and order dated 27.3.97 passed by the learned Subordinate Judge, 1st Court, Netrakona in O.C. Suit No. 3 of 1997, allowing the plaintiff's prayer for temporary injunction, under order 39 Rule 1 and 2 of the Code of the Civil Procedure, restraining the defendants from accepting ten......impugned judgment of the High Court Division as well as the order of temporary injunction passed by the trial court are set aside. Ed. This Case is also Reported in: II ADC (2005) 318. ..Category: Property Law | Date: | Hits: 34
Govt. of Bangladesh and ors. Vs. Barekunnessa and ors., 1998, 27 CLC (AD)
....hree officials have preferred this appeal, on leave, from the judgment and order dated 3.2.94 passed by a learned Single Judge of the High Court Division in Civil Revision No. 1588 of 1989 making the Rule absolute and setting aside thereby the judgment and decree dated 1.8.89 passed by the learned D......officials have preferred this appeal, on leave, from the judgment and order dated 3.2.94 passed by a learned Single Judge of the High Court Division in Civil Revision No. 1588 of 1989 making the Rule absolute and setting aside thereby the judgment and decree dated 1.8.89 passed by the learned Distri..Category: Tenancy Law | Date: | Hits: 124
Sonali Bank Vs. M/S Beg and Beg Jute Incorporated Ltd. & others, 1997, 26 CLC (AD)
.... 3. Leave was granted to consider "the submission of the appellant that award of interest on the decretal amount pendent lite is mandatory available to the plaintiff under Order 34, Rules 2, 4 and 11 of the Code of Civil Procedure in a suit for sale of mortgaged property. Int......ve been between S. 34 and O. 34 Rr. 2 and 4, gives a certain amount of discretion to the court, so far as interest pendente lite and subsequent interest are concerned. It is no longer absolutely obligatory on the courts to decree interest at the contractual rate upto the date of ..Category: Property Law | Date: | Hits: 28
Mrs. Nirmala Bala Das Vs. Ganesh Chandra Dhupi, 1998, 27 CLC (AD)
....- This appeal by the plaintiffs, following leave, is from the judgment and order dated 5.12.91 passed by a learned single judge of the High Court Division in Civil Revision No. 469 of 1985 making the Rule absolute and setting aside thereby the judgment and decree of affirmance dated 31.5.85 passed b......s appeal by the plaintiffs, following leave, is from the judgment and order dated 5.12.91 passed by a learned single judge of the High Court Division in Civil Revision No. 469 of 1985 making the Rule absolute and setting aside thereby the judgment and decree of affirmance dated 31.5.85 passed by the..Category: Tenancy Law | Date: | Hits: 163
Md. Awlad Hossain and another Vs. Joynab Bibi and another, 2004, 33 CLC (AD)
....ed 22.4.97 and appellant No. 2 by refusing to deploy police force to the process server committed offence amounting to contempt of court. 4. Then the High Court Division on 3 August, 1998 issued Rule upon the appellants and proforma respondent No. 2 to show cause as to why they should not be co...... set aside but with the warning that the appellants in future should be respectful while addressing, communicating or dealing with the Court. Ed. This Case is also Reported in: II ADC (2005) 256...Category: Criminal Law | Date: | Hits: 51
Tafijul Huq Sarker Vs. Bangladesh and others, 1998, 27 CLC (AD)
....e order stayed. The appeal was dismissed on 25 April 1993. The aggrieved appellant then preferred Civil Revision No. 1519 of 1993 to the High Court Division. A Single Bench of the said court issued a Rule therein and stayed operation of the appellate judgment. When the revision case was pending resp......s. Mohammad Brothers Vs. The Collector of Customs, 16 BLD (AD) 83. It was observed in that case: "The fact that petitioner has to deposit the full amount of penalty before filing appeal is not an absolute provision in the Customs Act. There are provisions in the said Act itself mitigating the ri..Category: Trust/Waqf Law | Date: | Hits: 190
Md. Shamsul Haque Vs. Salenullah and others, 2003, 32 CLC (AD)
.... risk or chance of any conflicting decision. In view of the above, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 233. ......jurisdiction and any decree by the Subordinate Judge with the prayer against a suit of the Munsif's Court would not render the decree void for want of pecuniary jurisdiction unless it had resulted in absolute failure of justice. 11. The policy of the legislature has been to treat objectio..Category: Procedural Law | Date: | Hits: 38
Dhaka Water Supply & Swearage Authority and others Vs. Matiar Rahman, 2001, 30 CLC (AD)
....mad Gholam Rabbani J.- This appeal is directed against the judgment and order dated 12.3.98 of a learned Singled Judge of the High Court Division in Civil Revision No. 3077 of 1995 discharging the Rule and thereby upholding the judgment and decree dated 31.1.95 of the 5th Court of Subordinate J......d find no substance in the contentions upon which leave was obtained by the appellant WASA. This appeal is dismissed with costs. Ed. This Case is also Reported in: II ADC (2005) 231. ..Category: Employment/Service Law | Date: | Hits: 73
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