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Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)

....al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ......a in his case.............................................(13) Cases Referred to- Probodh Ranjan Shome Vs. Md. Easin, 4 BSCR (AD) 457; Sukumar Sen Vs. Gouranga Dey, 42 DLR (AD) 18. Lawyers Involved: A.J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-o......ertain issues where the trial court omitted to do so. In terms of section 107 of the Code of Civil Procedure the appellate court has the power of remand of a case under the circumstances mentioned in Order 41, rules 23 and 25. The appellate court can also exercise the power of remand in exercise of ..

Category: Procedural Law | Date: | Hits: 105

Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)

....disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......¦.…(10) Cases Referred to- Chand Shah Vs. Crown, 8 DLR (FC) 24, Gul Hassan Vs. State, 21 DLR (SC) 109, Anti-Corruption Commissioner and others Vs. Mahmud Hassan and others 61 DLR (AD) 17. Lawyers Involved: Md. Khurshed Alam Khan, instructed by Mrs. Mahamuda Begum, Advocate-on-Record-F......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..

Category: Anti-Corruption Laws | Date: | Hits: 211

Islami Bank Bangladesh Ltd. & Ors. Vs. Md. Sirajul Islam, 2008, 37 CLC (AD)

....donation of delay is not at all satisfactory. Accordingly the petition for leave to appeal is dismissed being on both the grounds. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 154. ...................Petitioner   Vs. Md. Sirajul Islam.....................................Respondent Judgment July 28, 2008. Result: The petition for leave to appeal is dismissed Lawyers Involved: Muhammad Nazrul Islam, Senior Advocate instructed by Nurul Islam Bhuiya, Advoca...... Senior Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record, For the Petitioners; Not represented-the Respondents. Civil Petition For Leave To Appeal No. 603 of 2007    Order We have heard the learned Counsel and perused the judgment and order of the High Court Divi..

Category: Civil Law | Date: | Hits: 109

M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 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: 17 BLT (AD) (2009) 306. ......hellip;………......Petitioners Vs. The Judge, Artha Rin Adalat No. 1 Dhaka and others………..Respondents Judgment July 2, 2008. Lawyers Involved: T. H. Khan, Senior Counsel, instructed by Md. Ibrahim Khalil, Advocate-on-......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: 17 BLT (AD) (2009) 306. ..

Category: Civil Law | Date: | Hits: 191

Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)

....ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......nd others……………...Petitioners Vs. Sree Krishna Chandra Banik and others……......Respondents Judgment June 5, 2008. Lawyers Involved: Tabarak Hossain, Advocate instructed by Mrs. Sufia Khantun, Advocate-on-R......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ..

Category: Property Law | Date: | Hits: 99

M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)

.... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ...... M/S. Madina Trading Corporation…....................Petitioner Vs. The Commissioner of Customs and another….....Respondents Judgment June 10, 2008. Lawyers Involved: Habibul Islam Bhuiyan, senior Advocate, instructed by Md. Sajjadul Huq, Ad...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 298. ..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Joynul Karim & others Vs. State, 2009, 38 CLC (AD)

....ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ......e and another……………….Respondents Judgment March 22, 2009. Result: The petition is dismissed. Case Referred To- Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: Ajmalul Hossain QC, Senior Advocates, instructed by Mvi. Md. Wahidullah, Advoca......ch are in accordance with law, and hence no interference is called for. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 224. ..

Category: Criminal Law | Date: | Hits: 163

Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)

....l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......llip;Petitioners (In Civil Petition No.750 of 2008) Vs. Mr. Abdur Razzaque and others……......Respondents (In both the cases) Judgment March 9, 2009. Lawyers Involved: Arun Kumar Bhathacharjee, Advocate (Appeared with the leave of the Court),......nd no reason to disturb the same. 8. We are also of the opinion that the said Jongal Moral being unsuccessful in Title Suit No. 4 13 of 1966 the defendant-petitioners are precluded by Rule 2 Order 2 of the Code of Civil Procedure from claiming the share of Jongal Moral. 9. Therefore..

Category: Property Law | Date: | Hits: 90

Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)

....ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ......hellip;……………………Respondent Judgment March 18, 2009. Case Referred To- Nazrul Islam Chowdhury Vs. The States. Lawyers Involved: S. N. Goswami Advocate instructed by Syed Mahbubur Rahman Advocate-on-Reco......ng aside the judgment and order passed by the High Court Division on condonation of delay in filing the Criminal Appeal. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 217. ..

Category: Criminal Law | Date: | Hits: 126

Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)

....ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ip;…....Petitioner Vs. Kasimonnessa Bewa and others……………………......Respondents Judgment March 11, 2009. Lawyers Involved: Md. Omar Ali Khan, Advocate (Appeared with the leave of the Court), instru......lenama was treated as a part of final decree by his judgment and decree dated 05.05.1993 and 18-05-1993 respectively. 3. Defendant-petitioner No. 54 as petitioner filed an application under Order 9 rule 13 of the Code of the Code of Civil Procedure registered  Miscellaneous  Ca..

Category: Procedural Law | Date: | Hits: 143

Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)

....maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ......ity Ltd. Vs. Bangladesh and others 39 DLR (AD) 85; Bangladesh, represented by the Secretary, Ministry of Establishment Division and others vs. Mahbubuddin Ahmed 50 DLR (AD) 154. 39 DLR (AD). Lawyers Involved: N. K. Saha, Senior Advocate, instructed by Mr. A. K. M. Shahidul Huq, Advo......maintainable. Accordingly, the appeal is disposed of and the judgment and order of the High Court Division is set aside. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 198. ..

Category: Civil Law | Date: | Hits: 149

National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)

....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......al Centre for Basic Sciences, Calcutta, (1999) 3SCC 60 AIR 1999 SC 983; Managing Director, ECIL Vs. B. Karunakar, (1993) 4 SCC 727; (1994)AIR SCW 1050). Jagadish Chandra's case (1995 AIR SCW 964). Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Mr. Md. Zahirul Islam, Advoca......esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307...

Category: Employment/Service Law | Date: | Hits: 118

Mozibur Rahman Vs. Al-haj Nazrul Karim and others, 2009, 38 CLC (AD)

....any eventuality. We do not find any cause to interfere with the impugned order. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 189. ......;………………….....Petitioner Vs. Al-haj Nazrul Karim and others…….....Respondents Judgment April 16, 2009. Lawyers Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-......any eventuality. We do not find any cause to interfere with the impugned order. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 189. ..

Category: Civil Law | Date: | Hits: 106

G M M Rahman Vs. State, 2009, 38 CLC (AD)

....tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ......………………….Respondent Judgment May 20, 2009. Case Referred To- Crown Vs. Sultan Mahmood and 9 others, 7 DLR (FC) 78. Lawyers Involved:   A. K. Bodrul Huq, Senior Advocate (Golam Kibria, Advocate wit......tence. 9. In the result, this appeal is allowed. The impugned judgment passed by the High Court Division is set aside. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 137. ..

Category: Criminal Law | Date: | Hits: 106

Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)

.... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ......Ismat Zerin Khan…………………………………………Respondent Judgment April 6, 2009. Lawyers Involved: Rafique-ul-Huq, Senior Advocate instructed by Mvi. Md. Wahidullah, Advoca...... at a correct decision. We, therefore, find no reason to interfere with the same. The petition in accordingly dismissed. Ed. This case is also Reported in: 18 BLT (AD) (2010) 1. ..

Category: Employment/Service Law | Date: | Hits: 104

Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)

....e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......zlul Karim J Abdur Rahman Chowdhury……..Petitioner Vs. Mst. Nurjahan Chowdhury and others……..Respondents Judgment May 22, 2001. Lawyers Involved: Abdur Razzak, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Recor......Nos.2-56 Civil Petition for Leave to Appeal No. 280 of 1995 (From the judgment and order dated 6TH December, 1994 passed by the High Court Division in First Appeal No.71 of 1979). Order           Mohammad Fazlul Karim, J.- Defe..

Category: Property Law | Date: | Hits: 97

Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)

....passed in exercise of powers granted by the Act and was, therefore, without jurisdiction." 13. Mr. Rafuq-ul Huq has also pointed out before this Court, two other instances specially in respect of Martial Law Order No. 14 of 1982 whereby, pursuant to the proclamation of 24th March, 1982 the said ...... Kh. Ehtesham Uddin Ahmed @ Iqbal Vs. Bangladesh and others, 33 DLR (AD) 154; Abdul Rauf and others Vs. Abdul Hamid Khan and others, 17 DLR (SC) 515; East Pakistan Vs. S.A. Khan, 40 DLR (AD) 202. Lawyers Involved: Advocate Kh. Mahbub Uddin Ahmed, Dr. Kamal Hussain, Rafiq-ul Huq, Abdul Malek,......ercise of powers granted by the Act and was, therefore, without jurisdiction." 13. Mr. Rafuq-ul Huq has also pointed out before this Court, two other instances specially in respect of Martial Law Order No. 14 of 1982 whereby, pursuant to the proclamation of 24th March, 1982 the said order was pr..

Category: Criminal Law | Date: | Hits: 101

State Vs. Chandan Ali and others, 2009, 38 CLC (AD)

....sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ......;    Md. Joynul Abedin J Md. Hassan Ameen J The State….........Petitioner Vs. Chandan Ali and others……......Respondents Lawyers Involved: Mohammad Ali Akanda, Deputy Attorney General, instructed by Md. Habibur Ra......sed by the learned Deputy Attorney General for the peti­tioner have got no substance. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 988. ..

Category: Criminal Law | Date: | Hits: 68

Md. Naya Mia Sikder and others Vs. Faizur Banu and others, 2009, 38 CLC (AD)

....ls on record 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: VI ADC (2009) 981.......man J Md. Naya Mia Sikder and others........Petitioners Vs. Faizur Banu and others.....................Respondents Judgment April 22, 2009. Result: The petition is dismissed. Lawyers Involved: A.Q.M. Shafiullah, Advocate, instructed by Md. Zahirul Islam, Advocate-on-Recor......ls on record 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: VI ADC (2009) 981...

Category: Property Law | Date: | Hits: 61

M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)

.... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ...... Vs. Artha Rin Adalat and others.......Respondents Judgment          July 23, 2009.       Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-R......upon the plaintiff-bank for sale of the pledged goods and to adjust the claim amount with the sale proceeds of the pledged goods and fix the actual claim amount and that the Artha Rin Adalat by its Order No. 44 dated 25.10.2005 rejected   the application observing that examination of t..

Category: Civil Law | Date: | Hits: 152