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Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....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. ......ree for eviction of the defendant as licensee. The suit was decreed ex parte on 27.2.1975 and thereafter Execution Case No. 14 of 1975 was filed. The defendant on 4.3.1975, instituted a miscellaneous case being Miscellaneous Case No. 54 of 1975 under Order IX rule 13 of the Code of Civil Procedure, ..Category: Civil Law | Date: | Hits: 105
....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.
......ious month to the instant petitioner. Before remitting the entire sale proceeds, the respondent and its sub agents, if any, will deduct, at source, their commission at the agreed rate. In the instant case, the sale proceeds for the month of July 2002 fell due towards the end of August 2002, i.e. by ..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)
....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. ......by leave is directed against the judgment and order dated the 2nd day of August, 2002 passed by the High Court Division in Criminal Revision No.218 of 2002 discharging the Rule. 2. The prosecution case, in short, is that the appellant as complainant filed a petition of complaint against the accus..Category: Criminal Law | Date: | Hits: 46
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....and 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. ......nate Judge and the relevant provisions of President's Order No.137 of 1972 and the relevant provision of sections 86 and 87 of the State Acquisition of Tenancy Act and the principle enunciated in the case of A. Mannan and others Vs. Kulada Ranjan Mowali and others 31 DLR (AD) 195. The Appellate Divi..Category: Property Law | Date: | Hits: 24
....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.
......, 2003 is clear and provides for ordering civil imprisonment up to 6 months against a judgment-debtor for compelling to satisfy the decree. Section 34 is not dependant upon Section-33. In the instant case, the decree holder has taken step for auction sale of the property but there being no response,..
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. ......l Articles of the Constitution against defection by the members of Parliament. The question was raised by the two petitioners, Khondker Delwar Hossain and Professor A.Q.M. Badruddoza Chowdhury. Their case, as stated in the petition, is that Md. Hasibur Rahman Shawpon and Dr. Md. Alauddin were electe..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
.... ......ed to absorb the petitioners in the revenue budget as per the terms and conditions of the Project Proforma, Appointment letters and recommendation of the respondent No.2. 2. The petitioner’s case in short is that Narcotics Control Department to ensure proper and quick trial of drug cases ne..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament Secretariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....their 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. ...... relinquishment, that an act or conduct which cannot even be said to be a voluntary giving up or abandonment of an office does not amount to resignation and that in the facts and circumstances of the case there having been no allegation of resignation made in the letters, the Speaker was not require..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. ......1.2003 and G.R. No. 682 of 200 rejecting the death reference and allowing; the criminal appeals and acquitting the accused respondents from the charge levelled against them. 3. The prosecution case, in short, are that there had been a continuous enmity between the informant party and the F.I...Category: Others | Date: | Hits: 66
Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)
....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. ......uruddin gave a blow on the neck and as a result Mothahar died and accused persons also caused injuries on the witness and took away goods worth Tk.30,000/-. 3. The police investigated into the case and admitted charge sheet against 36 persons under Sections 147/148/447/323/324 /302/379/114 ..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....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. ...... Procedure and collected postmortem report and submitted charge sheet against the accused persons under Sections 147/148/447/4487 323/379/380/114/302 of the Penal Code. 4. Thereafter the case was sent to the Court of learned Sessions Judge, Kishoregonj for trial which was registered as ..Category: Criminal Law | Date: | Hits: 294
Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)
....ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ...... year more and also confiscating the properties of the respondent No.1 and his dependants in favour of the State. 3. The Court of Special Judge, Special No.9, Dhaka took cognizance of the said case against the respondent No.1 under the said section. 4. On 13.06.2007 the Deputy Director..Category: Others | Date: | Hits: 106
State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)
....nd the appeal being still pending this Court is not inclined to interfere at this stage and accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ......Metropolitan Magistrate, Dhaka vide order dated 22.02.2007 sent him to custody. Thereafter in connection with Ramna P.S. Case No. 53 (12)2006, the petitioner-respondent was shown arrested in the said case by the Court of Chief Metropolitan Magistrate, Dhaka vide order No.7 dated 03.07.2007. 3..Category: Others | Date: | Hits: 98
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....ion is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7 (seven) days. Ed. This Case is also Reported in: VII ADC (2010) 344. ......e petition is condoned. 2. This petition for leave to appeal has been filed against the ad-interim order dated 11th November, 2009 passed by the High Court Division in Criminal Miscellaneous case No. 27555 of 2009 which arose out of Pakundia Police Station Case No. 05 dated 4-11-2009 now pe..Category: Others | Date: | Hits: 61
Md. Shamser Ali another Vs. Md. Shahajahan Ali and others, 2009, 38 CLC (AD)
....rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ......rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ..Category: Procedural Law | Date: | Hits: 92
Jahangir Alam Vs. Md. Joynal Abedin and others, 2010, 39 CLC (AD)
....lopment cost of Tk.10, 000/-. With this notification of the order passed by the Additional District Judge, this petition is dismissed. This Case is also Reported in: 18 BLT (AD) (2010) 305. ......2 of 2009. Judgment ABM Khairul Hague J. - This is a petition for leave to appeal. The facts leading to the filing of this petition, in brief, are that the respondent No.1 instituted a case being the Miscellaneous Case No. 24 of 1997, praying for pre-emption of the case-land whereupon..Category: Property Law | Date: | Hits: 28
Mrs. Bakul Akter Vs. Bangladesh and others, 2010, 39 CLC (AD)
.... that case she will be liable. With these observations, this petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 282, 7 LG (AD) (2010) 101, 31 BLD (AD) (2011) 33. ......tor, to ensure repayment of the loan by the company, then on the failure of the company to make such repayment, he becomes liable, not as a share-holder but as a guarantor or mortgagor or both as the case may be. 7. In the present case, the petitioner is a necessary party in the suit because the ..Category: Banking Law | Date: | Hits: 77
Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)
.... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without lawful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ......missions of the learned Advocate the Appellate Division granted leave to appeal to consider whether the High Court Division erred in law in discarding the gazette notification, which shows that the case property has vested in the Government as Government khas waste land and is protected land and t..Category: Property Law | Date: | Hits: 21
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......any merit in the application praying for calling the concerned volume for the second time. The learned Advocate submits that it was not so and the said application was never considered although the case of this defendant-petitioner from the beginning was that he got 5.60 acres from Samiruddin, as ..Category: Property Law | Date: | Hits: 19
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....-petitioner will be at liberty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ...... Court, Gaibandha in Other Class Appeal No. 49 of 2003. 2. The petitioner instituted Title Suit No. 83 of 2000 in the Court of Senior Assistant Judge, Sundargonj, Gaibandha, for partition. The case of the plaintiff in short is that Prem Chand Roy, Ram Chandra Roy and Charu Chandra Roy were C...Category: Property Law | Date: | Hits: 18
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