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Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
.... transfer of the Union Parishad office from its present site at Amanta Mouza to its new site at Custobai Mouza is a demand of the time and before passing of the impugned order dated 10.04.1986 the Divisional Commissioner of Rajshahi held an inquiry into the matter and on the basis of the inquiry......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. ......d by the High Court Division in Civil Revision No. 2832 of 1997 making the Rule absolute and thereby setting aside the judgment and decree dated 11.06.1997 passed by the learned Additional District Judge, 1st Court, Naogaon in Title Appeal No. 292 of 1993 passed by the learned Subordinate Judge,..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
.... in auction with the approval of the Bangladesh Shilpa Bank but the auction sale was set aside on 20th August, 1989 and an order to hold fresh auction was made by the revisional authority, Additional Divisional Commissioner Dhaka. The appeal against the order in the revision filed before the land Ap......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 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. ..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. ......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. ......granted on 24lh August. 2003 in civil petition for leave to Appeal No. 1122 of 2002 which was preferred by the appellant against the judgment and order dated 30-04-2002 passed by the learned Single Judge of the High Court Division discharging the Rule in Civil Revision No.12 of 1995. 2. Th..Category: Property Law | Date: | Hits: 31
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. ......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. ......discharging the Rule. 2. Short facts as placed before the High Court Division are that the plaintiff instituted Title Suit No.72 of 1991 in the Court of learned Senior Assistant Judge, Sirajganj praying for declaration of title and for partition and also for permanent injuncti..Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
....n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ......n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ...... of 1990 heard analogously with Civil Revision No. 1888 of 1990 discharging the Rattle arising out of judgment and decree dated 5-4-1990 and 26-5-1990 respectively passed by the learned Subordinate Judge, Narail in Title Appeal No.64 of 1987 dismissing the Appeal of the petitioner and affir..Category: Property Law | Date: | Hits: 23
State Vs. Abdul Jalil and others, 2009, 38 CLC (AD)
.... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ......convicted under section 4 of the Nari-o-Shishu Nirjatan Daman Bishesh Bidhan Ain, 1995 by the Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Sherpur on 20-11-2002 in Nari-o-Shishu Nirjatan Daman Special Case No.59 of 1998 to death. 4. The prosecution case, in brief, was that victim Seli...... no reason to interfere with the judgment of the High Court. As a result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 99. ..Category: Criminal Law | Date: | Hits: 38
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. ...... 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. ......ndant Nos.1-6 did not execute the sale deed despite repeated demands and left this country and pursuant thereto, he instituted a suit being Title Suit No.62 of 1970 in the 3rd Court of Subordinate Judge, Comilla for specific performance of Contract. One Julu Mia Patwari also instituted two suits..Category: Property Law | Date: | Hits: 22
Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)
....out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......ffairs of the above Madrassa and challenging the said order dated 13-6-2002 one Abdul Halim, a member of the dissolved Governing Body, filed Title Suit No. 18 of 2002 in the Court of Assistant Judge, Brahmanpara, Comilla with a prayer for an order of temporary injunction along with an order ..Category: Others | Date: | Hits: 270
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. ......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. ......eport in favour of other accused persons i.e. the petitioners. Informant Sonia Akhter then filed a Naraji Petition in the court of the Nari-o-Shishu Nirjatan Daman Tribunal, Dhaka. The learned Judge of the Nari-o-Shishu Nirjatan Daman Tribunal No. 3, Dhaka, heard the naraji petition along w..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. ......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. ......siness and, as such, the application for temporary injunction may be rejected with cost. 5. The said application for temporary injunction was heard and rejected by the learned Joint District Judge, 5th Court, Dhaka by judgment and order dated 15-3-2007. 6. Being aggrieved and dissat..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. ......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. ......t is true and all the PW's deposed correctly before the trial Court and, as such, the judgment and order of the High Court Division is bad in law and liable to be set aside; that the learned Sessions Judge, Munshigonj rightly passed judgment and order of conviction and sentence dated 30-6-2002 in Cr..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....atter of which we cannot take account: R. vs. Immigration Appeal Tribunal ex. p. Ali Ajmal, ((1982) Imm. A.R. 102, C.A.) per Lord Lane CJ.In R. v. Ministry of Defence ex.p. Smith ((1996) Q.B.517) the Divisional Court and Court of Appeal felt found to disregard Article 8 when considering the dismis......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......iples of international law or statutes designed to implement particular treaties on such matters as diplomatic privilege. It is submitted, further, that their approach is potentially dangerous. The Judges wish to keep government officers of their international obligations, but in fact they are cha..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....'s Bazar Passed in N. G. R. Case No. 132 of 1978. 2. Chand Mia and others as First party filed an application under section 144 of the Code of Criminal Procedure on 21.4.1978 before the Sub-Divisional officer, Cox's Bazar alleging, inter alia, that they auction purchased the case land in......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 appeal by setting aside the judgment and order of the High Court Division passed in Criminal Miscellaneous Case No. 3125 of 1997 affirming those dated 13.7.1997 of the Additional Sessions Judge, Cox's Bazar in Criminal Revision No. 72 of 1987 and that of the Magistrate, 1st Class, Cox's..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......., it invariably refers to ordinary offences provided for by the ordinary laws of the Country and also refers to trial and conviction by an Ordinary Criminal Court within the judicial hierarchy or a Special Tribunal created by Ordinary law. It was held That extra-constitutional offense tried by ext......f TK. 500/- in default to R.I. for two months more. The Zonal Martial Law Authority reduced the sentence to a fine of TK. 200/- in default to R.I. for three months. 3. On 30.11.1982 the District Judge, Pabna started a Departmental Proceeding, Case No.7 of 1982, against the respondent on the bas..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. ......eper under BADC. While posted at Bhola Kheyaghet fertilizer godown, he was implicated in Bhola RS Case No.1 dated 7 October 1974 which gave rise to special case No. 8 of 1977 before the ex-officio Special Judge, Bakergonj. The learned Special Judge convicted him under section 409 of the Pen......er BADC. While posted at Bhola Kheyaghet fertilizer godown, he was implicated in Bhola RS Case No.1 dated 7 October 1974 which gave rise to special case No. 8 of 1977 before the ex-officio Special Judge, Bakergonj. The learned Special Judge convicted him under section 409 of the Penal code ..Category: Employment/Service Law | Date: | Hits: 97
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......l they were dispossessed by the defendant on the basis of a false ainalnama. He accordingly decreed the suit. 6. The defendant took an appeal, Title Appeal No.16 of 1964 to the District Judge. The appeal was on transfer, heard by the learned Subordinate Judge, Kushtia, who agreed wit..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......ch of the High Court Division in Civil Revision No.1710 of 1992, making the Rule absolute and setting aside thereby the judgment and order passed on May 18,1992 by the learned Additional Assistant Judge, 3rd Court, Dhaka allowing Misc. Case No. 8 of 1991, instituted by the appellant under Order ..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......nd decree dated 27April 1994 of a Division Bench of the High Court Division in F.A. No. 11 of 1984 (Chittagong), subsequently renumbered 323 of 1991 (Dhaka), which, reversing those of the Subordinate Judge, Patiya, decreed the plaintiff's suit, Other Suit No. 163 of 1981 in part. 2. The patent fa..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579....... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......ive Tribunal in Administrative Tribunal Case No. 279 of 1988. 2. The short facts relevant for disposal of the appeal are that respondent Muntu Lai Barua is the driver of the Districts and Sessions Judge, Chittagong of his official car at Chittagong. It appears that on different dates he took pe..Category: Administrative Law | Date: | Hits: 105
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......ision in Civil Revision No. 81 of 1987). Judgment Latifur Rahman J.- This appeal by the pre-emptor-appellant is against the judgment and order dated 17.2.92 passed by a learned Single Judge of the High Court Division making the Rule absolute in Civil Revision No. 81 of 1987 after se..Category: Property Law | Date: | Hits: 34
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