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Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)

....t as legal made the rule absolute with direction to release the stopped salary and allowance. The learned Advocate Further submitted that the Title Suit No.254 of 2001 is pending before the Assistant Judge, Patuakhali regarding the question of illegitimate committee which requires determination of d......, we find no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......d no sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......ate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government Bangladesh and others……………….......Petitioners Vs. ATM Mostafa Rashed and o..

Category: Civil Law | Date: | Hits: 84

Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)

....n. The delay is condoned. 3. The facts leading to the filing of this petition, in brief, are that this petitioner filed a suit being the Partition Suit No.25 of 1999 in the Court of Joint District Judge, Patiya, against the respondent Nos.1 to 8, praying for a decree for parti­tion of the proper......h circumstances, the con­tentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......stances, the con­tentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......ch circumstances, the con­tentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ..

Category: Limitation Law | Date: | Hits: 181

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2009, 38 CLC (AD)

....e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ...... petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......, 32,437.31 till 30.11.2008 and he did not pay any amount of loan and as such he is a loan defaulter. 5. The Sonali Bank Limited also informed the said fact to the Credit Information Bureau (CIB), Bangladesh Bank, Dhaka and Bangladesh Bank enlisted him in the CIB list and his name appeared in ser..

Category: Election Law | Date: | Hits: 116

Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)

....d order of the High Court Division dated 21st May 2008 in Civil Revision No.1442 of 2008. 2. Petitioner instituted Miscellaneous Case No. 7 of 1999(Preemption) in the Court of Senior Assistant Judge, Sadar, Noakhali for preemption of the case land claiming as co-sharer as well as holding land......transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......red. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ...... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ..

Category: Property Law | Date: | Hits: 33

Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)

....h August, 2009 of a Single Bench of the High Court Division in Civil Revision No.5266 of 2004 making the rule absolute and setting aside those dated 26th July, 2003 of the learned Additional District Judge, Sirajgonj in Other Class Appeal No.86 of 2002 reversing those dated 19th April, 2000 of the l......he rules. The operation of the impugned judg­ment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ....... The operation of the impugned judg­ment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......the rules. The operation of the impugned judg­ment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ..

Category: Property Law | Date: | Hits: 25

Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)

....h Court Division in Civil Revision No.57 of 2003) Order B. K. Das J. - This application for leave to appeal is directed against the judgment and order dated 11.5.09 of a learned Single Judge of the High Court Division making the rule being Civil Revision No. 157 of 2003 absolute and t......in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ...... in accor­dance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ..

Category: Property Law | Date: | Hits: 43

Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

....judgment and order of this Court dated 30th July, 2009 in Civil Petition for Leave to Appeal No. 1733 of 2008. 2. The petitioner filed Other Class Suit No. 72 of 1986 in the Court of Assistant Judge, Basail, Tangail, for declaration that the ex parte judgment and decree dated 26th November, 1....... In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ...... In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......hat the service of the summons was not made in accordance with law, that the heirs of Azim Munshi including Majom Ali were residents of Asam, India, and therefore their address shown in the plaint in Bangladesh, on which the sum­mons were alleged to have been served by hanging, were found to be not..

Category: Property Law | Date: | Hits: 21

Government of the Peoples Republic of Bangladesh and others Vs. Msst. Mostafa Begum, 2009, 38 CLC (AD)

....nd register the sale deed as per contract within 30th August 1978 but said heirs of Imam Box did nothing. The petitioner then filed Title Suit no. 622 of 1976 in the 1st court of the then Subordinate Judge, Dhaka for Specific Performance of Contract. The suit was transferred to the 2nd court of the ......f 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......y the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question. End. This Case is also Reported in: VII ADC (2010) 388. ......) 388. ..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

.... by a Single Bench of the High Court Division in Civil Revision No. 1979 of 2000, mak­ing the Rule absolute and setting aside the judgment and order dated 6.3.2000, passed by the Additional District Judge, Second Court, in Miscellaneous Appeal No. 134 of 1999, allowing the same and reversing the ju......urt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ..

Category: Property Law | Date: | Hits: 27

Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)

.... Court Division in Civil Revision No. 3727 of 2002). Judgment ABM Khairul Haque J.- This appeal by leave is directed against the judgment and order dated 27.8.2002, passed by a Single Judge of the High Court Division, in Civil Revision No. 3727 of 2002, discharging the Rule and affir......ed in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......hedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..

Category: Civil Law | Date: | Hits: 105

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ......Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ...... with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ......ines Corporation represented by its Country Manager, Dhaka Office, Pan Pacific Sonargaon Hotel, 107, Kazi Nazrul Islam Avenue, Police Station-Tejgaon, Dhaka ...........Petitioner Vs. M/S. Saudi Bangladesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka repre­sented b..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)

....d a petition of complaint against the accused-persons alleging, inter alia, that they committed an offence of forgery, interpolation, wrongful gain and criminal misconduct. The learned Senior Special Judge, Sunamganj on receipt of the petition of complaint examined the complainant under Section 200 ......ge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......mganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ..

Category: Criminal Law | Date: | Hits: 46

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....ated 13.11.2007 of the High Court Division passed in Civil Revision No.348 of 1996 discharging the Rule and thereby affirming the judgment and decree dated 6.11.1995 passed by the learned Subordinate Judge, 2nd Court, Feni, in Title Appeal (Civil Appeal) No.90 of 1991 allowing the appeal reversing t......nd 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: 15 MLR (AD) (2010) 99. ...... 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: 15 MLR (AD) (2010) 99. ......lul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Bangladesh represented by the Deputy Commissioner, Feni ............Respondent Judgment ..

Category: Property Law | Date: | Hits: 24

Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another, 2009, 38 CLC (AD)

....der dated 05.12.2007 passed in Writ Petition No. 3868 of 2004 by the High Court Division discharging the Rule. 2. The Rule arises out of the order dated 12.04.2004 passed by the Joint District Judge and Artha Rin Adalat, 3rd Court, Rajshahi, in Money Execution Case No.38 of 1995 arising out o......ith law and no interference is called for. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113. ......and no interference is called for. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113. ......with law and no interference is called for. Accordingly, the application for leave to appeal is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113. ..

Category: Civil Law | Date: | Hits: 121

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ......wo B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ....... members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ...... Court High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Latifur Rahman J Khondker Delwar Hossain……………………Petitioner Vs. The Speaker, Bangladesh Jatiyo Shangshad (Parliament)………………Respondent Judgment August 27, 1998...

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

.... ...... ...... .......L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Bangladesh, represented by the Secretary, Finance Division, Ministry of Finance, Bangladesh Secretar..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....under his hand addressed to the Speaker"), Article 74(2)(d) (resignation of the Speaker or Deputy Speaker “by writing under his hand the delivered to the President), Article 96(8) (resignation of a Judge “by writing under his hand addressed to the President”), Article 129(3) (resignation of th......heir seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......ts pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......998, is from the judgment and order dated 27.8.98 passed by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) to forward the dispute as raised by the writ-pe..

Category: Constitutional Law | Date: | Hits: 138

State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)

....t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ...... and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......er dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ..

Category: Others | Date: | Hits: 66

Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)

.... 19.02.2008 passed by the High Court Division in Criminal Appeal No.337 of 2002 dismiss­ing the appeal and upholding the judgment and order dated 31.01.2002 passed by the learned Additional Sessions Judge, Nobabgonj convicting the appellant No.1 under Sections 302/34/114 of the Penal Code and convi......olvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ...... of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ......volvement of the present petitioners with the occurrence. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 356. ..

Category: Others | Date: | Hits: 66

State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)

....t Division in Criminal Appeal No.416 of 2005 allowing appeal in part after setting aside the judg­ment and order of conviction and sentence dated 17.01.2005 passed by the learned Additional Sessions Judge, 3rd Court, Kishoregonj in Sessions Case No.23 of 2001 arising out of Nikli Police Station Cas......his Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ......nd call for no interference by this Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ......nce on record and call for no interference by this Court.  Accordingly this petition for leave to appeal is dismissed.  Ed.  This Case is also Reported in: VII ADC (2010) 353. ..

Category: Criminal Law | Date: | Hits: 294