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People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)
....correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ......ion 115(4) of the Code of Civil Procedure against the order dated 14.05.2005 passed by the learned District Judge, Chittagong Rule was issued and initially heard by a Division Bench and a preliminary question of law arose as to the maintainability of revisional application before the District Judge ...... for leave to appeal is directed against the judgment and order dated 08.02.2006 passed by a Full Bench of the High Court Division in Civil Revision No. 1701 of 2005 discharging the Rule. 2. Short facts are that the plaintiffs instituted Other Class Suit No. 96 of 2003 in the 2nd Court of Joint D..Category: Limitation Law | Date: | Hits: 171
Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)
.... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ...... for leave to appeal are directed against the judgment and order dated 16.05.2005 passed by the High Court Division in Writ Petition No. 4600 of 2004 making the Rule absolute. 2. Short facts are that the respondent No.1, Jamuna Television Limited is a Private Limited Company which w..Category: Information Technology Law | Date: | Hits: 321
Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)
....ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......ing the Rule absolute and the same accordÂingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ......n and the Rule issued was made absolute upon setting aside the concurrent findings of fact arrived at by the courts below. Leave was granted on the following grounds: - (1)"For that from the facts disclosed in pleadings of the parties it is apparent that time began to run against the plai..Category: Tenancy Law | Date: | Hits: 141
Khandkar Md. Mizanur Rahman Hira Vs. Government of the People's Republic of BD, 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 150. ......1996 passed by the Additional Inspector General of Police (Administration), Dhaka (the revisional Authority) were all null and void and that the petitioner is still in service. 2. The facts of the case, in short, are that the petitioner got appointment on 1-1-1998 as a police sergea..Category: Employment/Service Law | Date: | Hits: 91
Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ......t that the petitioner was never an enemy subject and thus erred in the impugned judgment which is liable to be set aside; that the High Court Division committed a serious error in holding that the question of ownership of the property is to be decided by the Civil Court without properly apprecia...... at the instance of the petitioner is directed against the judgment and order dated 8-12-2004 passed by the High Court Division in Writ Petition No. 3981 of 2003 discharging the Rule. 2. The facts of the case are that the petitioner is a citizen of Bangladesh by birth. The petitioner was b..Category: Property Law | Date: | Hits: 54
Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)
.... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ......235 of 2000 discharging the Rule by majority decision and refusing to interfere with decree of Artha Rin Adalat No. 4, Dhaka dismissing the suit as against guarantor respondent No.1. 2. The facts, in short, are that the petitioner "The Oriental Bank Ltd.’' (previously Al-B..Category: Business or Commercial Law | Date: | Hits: 122
Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ......ed against the judgment and order dated 24-8-2005 passed by the High Court Division in Writ Petition No. 2279 of 2001 discharging the Rule and refusing to declare that inclusion of the property in question in the 'Ka' list of abandoned properties appeared at Serial No. 190 in the gazette notific......t be taken over as an abandoned property and since it was not in the abandoned property list, Article 6 of PO 16 of 1972 being not applicable and the High Court Division, without at all considering facts and circumstances of the case arrived at a wrong conclusion thereby erred in law in dis..Category: Property Law | Date: | Hits: 23
Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
....d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......journment to file written objection and the plaintiff renewed his prayer for temporary injunction. The trial Court allowed the prayer for adjournment for ends of justice and in consideration of the facts and circumstances of the case passed an order of status quo directing the parties to maintain..Category: Property Law | Date: | Hits: 25
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
.... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......1st Court of Settlement, Dhaka in Case No.145 of 1989 (kha-129), in respect of the House No. E/2,3rd Colony, Mirpur/Dhaka dismissing the same and thereby maintaining the listing of the property in question as abandoned property. It may be mentioned the property has been listed in the 'kha' list ......e and thereby maintaining the listing of the property in question as abandoned property. It may be mentioned the property has been listed in the 'kha' list of the abandoned property. 2. The facts, in short, are that property in question was allotted to one Asgar Ali, who was a refugee fro..Category: Property Law | Date: | Hits: 21
AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)
....f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ...... above sub-section (6) of section 12 of Ain 2003 but no such application was filed and further, the issue as to on what basis the bank claimed excess money beyond the amount of loan granted being a question of fact cannot be decided in the writ jurisdiction and that the bank prayed for decree for...... directed against the judgment and order dated 3-4-2005 of the High Court Division passed in Writ Petition No. 5350 of 2004 discharging the Rule and also vacating the order of stay. 2. Brief facts are that the petitioner filed the above writ petition challenging the proceeding of Money Ex..Category: Civil Law | Date: | Hits: 103
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
.... not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ......5(4) of the Code of Civil Procedure against the order dated 14-5-2005 passed by the learned District Judge, Chittagong Rule was issued and initially heard by a Division Bench and a preliminary question of law arose as to the maintainability of revisional application before the District Judge...... leave to appeal is directed against the judgment and order dated 8-2-2006 passed by a Full Bench of the High Court Division in Civil Revision No. 1701 of 2005 discharging the Rule. 2. Short facts are, that the plaintiffs instituted Other Class Suit No. 96 of 2003 in the 2nd Court of ..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
.... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ......der dated 29.02.2004 passed by the Joint District Judge, Additional Court in Title Suit No. 217 of 2003 rejecting an application under Order 7 Rule 11 of the Code of Civil Procedure. 2. The facts of the case, in short, are that the respondent No. 1 as plaintiff having filed Title Suit No...Category: Civil Law | Date: | Hits: 100
Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
....or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 222. ......or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 222. ......transfer and accordingly, the relief, if any, of the petitioner lies within the jurisdiction of the Administrative Tribunal and not before the High Court Division in writ jurisdiction and that the facts of the case of Bangladesh represented by the Secretary, Ministry of Establishment vs. Shafiud..Category: Employment/Service Law | Date: | Hits: 73
Kamrul Islam Vs. State, 2008, 37 CLC (AD)
....Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ......and possession of the petitioner. He further submits that the sifting of evidence is not at all correct. He then submits that the High Court Division failed to consider that the recovery of arms in question as well as the place of occurrence have not been proved in as much as had been disproved. ......ion in the manner as alleged but has been falsely implicated in this case out of enmity and grudge. 8. Thereafter, the learned Tribunal in consideration of the evidence on record as well as facts and circumstances of the case, however, found the accused petitioner guilty for the offence c..Category: Criminal Law | Date: | Hits: 37
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......ial Court found the rent receipts, Ext.1 series, to be genuine. I myself also examined the rent receipts which is in a printed form and same appears to be genuine". On the point as regard the question of possession of the parties in the land in suit the High Court Division has observed that......he time of alleged pattan or that the same i.e. pattan had actually taken place. The dakhilas Ext. 1 series filed by the plaintiffs also do not create much confidence. Regard being had to the above facts and circumstances, I am constrained to hold that the story of pattan is a mere myth and the ..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ......ected the writ-petitioner to remove within 10 days the structures in the land owned and possessed by her from the date of receipt of the notice otherwise she will be evicted. In the background of the facts as stated hereinabove the writ-petitioner filed the aforementioned writ-petition. 3. The R..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
.... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......t." 7. Mr. Moazzam Hussain, the learned Advocate appearing for the petitioners submitted that without prejudice to the submissions made in the preceding paragraph with regard to the question of competence that the petitioners are discharged by the Magistrate on his satisfaction u...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......ther grounds for interference we do not find any reason to lay our hands. The petition is accordingly dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 185. ......as Babu seeks leave to appeal against the judgment and order dated 16.06.2003 in Writ Petition No. 2067 of 2002 by the Division Bench of the High Court Division discharging the rule. 2. The facts revealed in the leave petition, in short, are that Sub-inspector Nasir Ahmed attached to Mirp..Category: Criminal Law | Date: | Hits: 24
Mosammat Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah, 2005, 34 CLC (AD)
....the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ......under section 64 of the Waqf Ordinance was served on the tenant to handover possession of the premises in question to the landlord. 4. The trial Court rejected the Miscellaneous cases on the finding......the petitions have no merit the same are dismissed with cost of Tk. 5,000/- (five thousand) to be paid to the landlord. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 169. ..Category: Civil Law | Date: | Hits: 104
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......dalat, Bagerhat, passed in Artha Rin Case No.14 of 2003 rejecting the application dated 14.8.2004 filed by the defendant petitioner under section 152 of the Code of Civil Procedure. 2. Brief facts for disposal of this leave petition are that the plaintiff respondent No.2 bank filed the abo..Category: Civil Law | Date: | Hits: 91
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