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Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....astly argued that Title Suit No. 134 of 1964 is barred under the proviĀsions of Order 2, Rule 2 of the Code of Civil Procedure. He submits that the cause of action of both the suit arose at the same time and as such the subsequent suit namely Title Suit No. 134 of 1964 is barred under the aforesaid...... cogent reason to interfere with the same. Both the appeals are, therefore, disĀmissed with costs at all stages. Ed. This Case is also Reported in: IV ADC (2007) 640, 19 BLT (AD) (2011)129. ..Category: Property Law | Date: | Hits: 34
Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)
....ple imprisonment. 2. The petitioner filed the aforementioned C.R. case alleging that during subsistence of the marriage between her and the Respondent, the Respondent has married for the 2nd time without the consent of the petitioner and that also without taking permission of the Arbitrat......nd of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 22. ..Category: Criminal Law | Date: | Hits: 36
Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)
.... prospectus with regard to the company's machinery. They did not disclose the fact of non-arrival of last consignment of machinery in the prospectus although the matter was known to them at the time; the non-shipment of the last consignment delayed the project implementation and ultimately l...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..Category: Criminal Law | Date: | Hits: 36
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
.... and others, respondents). 6. We have carefully gone through the judgment. It appears that in the judgment it was observed that for defective judgment of domestic tribunal in not fixing any time limit for the reduction in rank, the penalty itself cannot be set aside, but only modified. A......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....rder of Artha Rin Adalat i.e. within the statutory period of limitation. According to Mr. Ahmed to examine legality of the impugned order it is necessary to probe into the question as to what is the "time requisite for obtaining certified copy" in this case admitting the appeal for hearing and passi......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)
....ice powder as "Tabarak" of Ajmir Sharif and asked them to eat that 'tabarak' for their welfare. The inmates of that house on good faith ate those 'tabarak' and thereafter, within a short time, all the inmates of the P.O. house started losing senses. At that time accused Aminur Rahman, ...... correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Reported in: 13 MLR (AD) 2008, 249. ..Category: Criminal Law | Date: | Hits: 61
State Vs. Md. Mukul alias Swapan, 2007, 36 CLC (AD)
....ivided in 3 (three) groups and proceeded to the said place from 3 directions, that the accused Mukul having had received the signal about presence of police in the area tried to flee away and at that time deceased S.I. Amzad caught hold of him and thereupon accused Mukul raised hue and cry for help ......by the prosecution. In that view of the matter we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 246. ..Category: Criminal Law | Date: | Hits: 73
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....sion in its judgment referring to the decision reported in 48 DLR (AD) 1 took the view that the duty is upon the person, who claims that the property is not abandoned, to show that at the relevant time, i.e. when President's Order 16 of 1972 came into force, the owner of the property was in Bang......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..Category: Property Law | Date: | Hits: 41
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
....tion to comply with the order of the Court, failing which his written statement is liable to be struck off at the discretion of the Court. It is true that the defendant No.3 was already dead at the time of filing the suit, still the petitioner was obliged to supply the particulars of the legal h...... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ..Category: Civil Law | Date: | Hits: 105
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....ptor Md. Jasimuddin refused to purchase the case land and thus he lost his right of pre-emption by waiver and acquiescence. The Trial Court however found that the pre-emption case was filed within time and it did not suffer from non-joinder of necessary party. 5. Against the afores...... The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 73; 13 MLR (AD) 2008, 198; V ADC (2008) 320. ..Category: Property Law | Date: | Hits: 32
Nazrul Islam Vs. State, 2007, 36 CLC (AD)
....having found materials against him, submitted charge sheet. 7. The High Court Division rightly held that the arguments made by the learned Advocate for the petitioner can be agitated at the time of hearing under section 241A of the Code of Criminal Procedure and if his submissions are fou......ision rightly discharged the Rule, as there is no ground for quashing the proceeding. 9. The leave petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008 184. ..Category: Criminal Law | Date: | Hits: 29
Mokbul Hossain Howlader Vs. State, 2007, 36 CLC (AD)
....lodged a petition of complaint before the Chief Metropolitan Magistrate, Dhaka alleging that he was an employee of Barisal Textile Mills and since that Mills was closed he became helpless. At that time his close friend accused Md. Mokbul Hossain Howlader allured him to send him to America. The a......law and procedure. 12. In view of the above, we find substance in the appeal. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 181. ..Category: Criminal Law | Date: | Hits: 42
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....eet from the ground level and has been developed over a period of last 30 years. 3. Late A. R. M. Inamul Haq father of the petitioner was a philanthropist and did many things during his life time for the advancement of education. Before his death he expressed his desire to donate his eyes......s and circumstances of the case we find no merit in this petition which is accordingly dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 113; 13 MLR (AD) 2008, 171. ..Category: Property Law | Date: | Hits: 31
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....ding to 1380 B.S. at a rental of Tk.3,000.00; since the 4 annas share of the Wakf Estate is not acquired, the C.A/Roll is not finally published and thereafter the said order has been extended from time to time by the Government. Thereafter cancelled the said lease by the Memo No. S.A./Char-1/95/......ns of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 61 DLR (AD) (2009) 118; 13 MLR (AD) 2008, 163. ..Category: Property Law | Date: | Hits: 50
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
....t the respondent has got no right to challenge the order dated 07.10.2003 as Section 9(2) of the Public Servants (Retirement) Act 1974 give the Government the option to retire a public servant any time after he has completed 25 years of service without assigning any reason and...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ..Category: Administrative Law | Date: | Hits: 120
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
.... them from the above property were not abandoned property; further whether the petitioners, in connivance with the other accuseds, committed the offence is a matter of evidence to be decided at the time of trial. Further section 195(1) of the Code of Criminal Procedure does not provide a bar to i......irmity in the decision of the High Court Division so as to call for any interference. The petitions are dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 145. ..Category: Criminal Law | Date: | Hits: 43
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
.... full dress trial. Therefore, the submissions of the learned Advocate for the petitioners appear to have got no substance inasmuch as the case is not so preposterous that at initial stage or at the time of investigation, it requires to be quashed. The question as to impersonification of the deed,...... are of the opinion that there are no substances in this petition for leave to appeal and accordingly, the same is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 126. ..Category: Criminal Law | Date: | Hits: 39
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....5400 from Saudi Arabia and kept it in deposit to his cousin (full khalato bhai), P.W.4, Md. Hanif who gave it to his maternal uncle P.W.1, Abu Taher for exchange in Bangladeshi currency. After sometime P.W.1 Abu Taher came from Chittagong to Dhaka and discussed with his sister's husband P.W.3 Ab......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..Category: Criminal Law | Date: | Hits: 40
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....g no other sources of income and that he with the consent and within the knowledge of the plaintiff developed and decorated the premises at his own cost and that the plaintiff took TK.500/1000 at the time of his necessity in advance, by issuing kacha receipts against the rent and that later on when ......we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 110. ..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
....e property of Ghosh Babu Estate, that plaintiffs father took settlement of the land in suit from the said land owners by an Amalnama of the year 1349 B.S, in the name of the plaintiff who at relevant time was minor, that the land so taken settlement was 19.56 acres, that since the date of settlement...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29