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Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....Court as security against the decree that may be passed till final decision of the suit." Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: VI ADC (2009) 402. ......al decision of the suit and will, accordingly, be disposed of by the Court on the basis of its decision. Rest of the sale proceeds would be adjusted by Dhaka Bank against its own dues. 8. In view of the order of the High Court Division directing the appellant to take immediate steps for rel..Category: Business or Commercial Law | Date: | Hits: 142
Md. Matiur Rahman Vs. Md. Shah Alam and others, 2007, 36 CLC (AD)
....ns of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed with cost of Tk. 10,000.00. Ed. This Case is also Reported in: VI ADC (2009) 385. ......petitioner herein had no cause for concern to vacate the same and very lately an application for vacating the same was filed and moreso, when the matter is ripe for hearing. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the pe..Category: Property Law | Date: | Hits: 25
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....there is 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) 383. ......n accordance with law and upon compliance of the provisions of section 9 and 13 of Ain 2003 and accordingly not without jurisdiction so writ jurisdiction can not be invoked. 8. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a c..Category: Civil Law | Date: | Hits: 95
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... 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: VI ADC (2009) 381. ...... for violation of terms of lease agreement. 7. It is needless to mention here that licence does not create any interest. 8. Therefore, in the facts and circumstance of the case and in view of the discussion made above, we are of the view that the High Court Division upon correct Ass..Category: Property Law | Date: | Hits: 26
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
....there is 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) 373. ......shed for his non-examination and though two witnesses of Ext Uma were examined but their deposition, after about fifteen years of the sale, appears to have been procured and/or obliging and in any view of the matter the said Ekrarnama does not inspire any confidence about its genuineness and so ..Category: Property Law | Date: | Hits: 26
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
.... 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) 366. ......o.42 in the name of the defendant No.1 and as such the defendants are not liable or bound by any entry in that account; the officers of the plaintiff opened the so called C.C. Account No.42 with a view to cover up their misdeeds and to avoid liability; the defendant No.1 by letter dated 29.5.198..Category: Civil Law | Date: | Hits: 106
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....y held that the suit as framed is not maintainable. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 361. ......Title Appeal No. 292 of 1993 before the District Judge, Naogaon which was eventually heard by the learned Additional District Judge, 1st Court, Naogaon and the appellate court took a contrary view and found that the plaintiff opposite parties succeeded in proving their case and accordi..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ed the Rule on the findings- "Having considered the provision of sub-section (3) of Section 5 of the Cinematograph Act and the provision of Rule 6 and 7 of the Cinematograph Rules we are of the view that the impugned order restricting the petitioner right to have a licence in his own name cons..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....pugned judgment of the High Court Division are set aside. In the result, this appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 150. ......sions. It appears that the appellant already obtained a decree in his Title Suit No.404 of 1984 in which the respondent Nos.1 and 2 were not panics. Under the facts and circumstances and in view of materials on record, we are of the view the respondents have no locus-standi to file the so ..Category: Property Law | Date: | Hits: 31
Sonali Bank Vs. Quaderia Publications and Products Limited and others, 2002, 31 CLC (AD)
....gality in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 148. ......submits that the waiver of interest to a client is dependant on the performance of the client and therefore, the petitioner is not entitled to claim the same waiver as granted to others and in that view of the matter the High Court Division was wrong in directing the petitioner to grant waiver of..Category: Banking Law | Date: | Hits: 100
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......gment and order dated 28-3-2006 passed in Writ Petition No.2526 of 2006, which was rejected summarily. 6. The learned Advocate appearing for the leave petitioner submitted that in view of the proviso 2, section 47 of section 3 which run as under: “এই ..Category: Civil Law | Date: | Hits: 104
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....rt 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 BLC (AD) (2009) 103. ......ror of law resulting in an error in the decision occasioning failure of justice in passing the judgment and decree. 9. Considering the facts and circumstances of the case we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a c..Category: Property Law | Date: | Hits: 49
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... 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) 97. ......suit property Guru Doyal and Ram Charan Chakraborty left this country in 1965 for India and accordingly, the property was declared as enemy property. The plaintiff created a forged agreement with a view to grab the suit property. 4. Mr. Khurshid Alam Khan, learned Advocate, a..Category: Property Law | Date: | Hits: 22
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......sed petitioners before the trial took place. 6. We have considered the submissions of the learned Advocate-on-Record for the petitioners and perused the connected papers. We are of the view that the High Court Division upon correct assessment of the materials on record arrived at a c..Category: Criminal Law | Date: | Hits: 79
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......fendants refused. On the contrary the plaintiffs found that the defendants in collaboration with each other made some fraudulent paper transactions in favour of the defendant No. 4 with a view to depriving them from their inheritance. 3. Thereafter on 12-9-2006, the plaintiffs fi..Category: Property Law | Date: | Hits: 22
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......osed falsely in the said case. The petition of complaint is false and it is an outcome of sheer enmity and grudge. All the PWs deposed falsely in the case knowing it to be false." In view of the above, the submission of the learned Advocate-on-Record for the petitione..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ose mentioned in Order XLVI rule 1 of the Code of Civil Procedure could review its own order/decision. 38.Thus a review is subject to law and rules and by no means an appeal in disguise whereby an erroneous decision is reheard and corrected but lies only for patent error apparent on the face of t......wab Ali, Advocate-on-Record - For the Respondent No. 1. Not represented - Respondent Nos. 2. Civil Appeal No. 176 of 2002 Judgment Mohammad Fazlul Karim J.- This appeal arising out of a review petition by leave is directed against the judgment and order dated 16.03.1999 passed by this Co..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......the Petitioners. Khan Saifur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1 & 5. Not Represented - Respondent Nos. 2-4. Criminal Review Petition No. 3 of 2004. (From the Judgment and order dated 26.8.2003 passed by this Di..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......pal of Monoranjan Mukharjees the convection on a criminal charge in a Martial Law Court was relevant and good when the order of punishment was passed and confirmed in appeal. We are, therefore of the view that the principle of that cases has not been correctly appreciated by the Tribunals below and ..Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ...... No. 8 of 1979 prior to the promulgation of the Public Servants (Dismissal on Conviction) Ordinance, 1985, (Ordinance No. V of 1985). 5. A Division Bench of the High Court Division took the view that under section 3(3) of the Public servants (Dismissal on Conviction) Ordinance, 1985, Ord..Category: Employment/Service Law | Date: | Hits: 97
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