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Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....assed by the High Court Division in Civil Order No. 4022 of 2008 under section 115(1) of the CPC rejecting the application and affirming the order dated 24-7-2008 passed by the learned Joint District Judge, 1st Court, Barisal in Money Suit No. 3 of 2006 allowing the application for auditing the inco......nal application. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......ication. We find no substance in this leave petition which is accordingly dismissed with the above observation. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 24. ......ments in spite of objections raised by the defendant Bank and the plaintiff on 24-7-2008 filed an application under Order XXVI, rule 9 of the CPC for audit of accounts through the Investment Board of Bangladesh in order to ascertain the actual loss suffered by the plaintiff and by the impugned order..Category: Others | Date: | Hits: 94
State Vs. Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
.... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ......gly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ...... accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Order is also Reported in: 15 BLC (AD) (2010) 111. ..Category: Others | Date: | Hits: 81
Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....t Division in Criminal Appeal No. 4813 of 2007 granting ad-interim bail to the respondent No. 1. 2. The facts, in short, are that the present respondent No.1 was put on trial before the Special Judge No.2, Dhaka who found the respondent guilty under sections 161/109 of the Penal Code and sen......nd that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
....ember, 2008, of the High Court Division in Writ Petition No.8601 of 2008 issuing Rule and making interim order staying all further proceedings of Special Case No.26 of 2008 pending before the Special Judge, Court No.9, Dhaka. 2. The respondent filed the aforesaid writ petition challenging the ini......a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ......f the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... J SK Sinha J Anti-Corruption Commission .................Petitioner Vs. ATM Nazimullah Chowdhury and others............Respondents Judgment March 14, 2010. The Constitution of Bangladesh, 1972 Article 102(2)(a)(ii) The Penal Code, 1860 (XLV of 1860) Section 409 The Prev..Category: Anti-Corruption Laws | Date: | Hits: 186
University of Dhaka and others Vs. Md. Jalal Uddin Chowdhury and others, 2009, 38 CLC (AD)
.... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129.......appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129....... for the appellants. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 222, VIII ADC (2011) 288, 16 MLR (AD) (2011) 129...Category: Employment/Service Law | Date: | Hits: 68
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....y and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ...... and other duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......er duties on the basis of normal price so fixed. All the appeals are dismissed with the observation as made above. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 217. ......Aziz J Collector of Customs and others..............Appellants Vs. TK Oil Refinery Ltd. and 22 others...........Respondents Judgment May 14, 2009. The Constitution of Bangladesh, 1972, Article 103 Points not raised in the lower court cannot be urged at the leave ..Category: Fiscal/Taxation Law | Date: | Hits: 86
....esh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal............Appellant (In Civil Appeal No.112 of 2008).
Vs.
Md. Aftabuddin (Retired District and Sessions Judge) and another……...Respondents (In both the cases).
Judgment
December 17, 2009.
Re......oth the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
...... with the Nitimala 2001.
53. Both the appeals are accordingly dismissed without any order as to costs.
This Case is also Reported in: 15 MLR (AD) (2009) 41; VII (ADC) (2010) 91.
......(Civil)
Present:
Md. Tafazzul Islam J
Md. Joynul Abedin J
Md. Abdul Matin J
Md. Abdul Aziz J
ABM Khairul Haque J
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Government of Bangladesh and others ........Appellants (In Civil Appeal No.111 of 2008).
Kazi Habibul Awal.......
Category: Constitutional Law | Date: | Hits: 207
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....72 of 2004 by the High Court Division discharging the rule, which was issued calling in question the judgment and order dated 26.7.2004 passed in Civil Revision No. 14 of 2004 by the learned District Judge, Moulvibazar, making the rule absolute setting aside the judgment and order dated 12.2.2004 pa...... 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26.......002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26........ 47 of 2002. Thus we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 26...Category: Property Law | Date: | Hits: 63
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
.... Sachindra Kumar Dey who sold the land to the defendants by registered kabalas and delivered possession. Their further case is that Rent Suit No. 708 of 1923 of the 5th Court of Munsif (now Assistant Judge), Comilla was filed by one Bramma Moyee Devi against Peer Box. The plaintiff and defendant of ......nt of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......e material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..Category: Property Law | Date: | Hits: 34
....he exchange deed is fraudulent and powers of attorney are collusive and were vitiated by coercion, threat and intimidation. Shibulal Tanti also filed Title Suit No. 27 of 1971 in the 1st Court of Sub-Judge, Dhaka against Shihamul Haque and others challenging the deed of agreement for exchange, power...... for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
......laration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
...... doctrine of lis pendens and also under Order 23 Rule 1(3) of the Code of Civil Procedure.
Section 52 of the Transfer of Property Act runs as under:-
"52. During the (pendency) in any Court (in Bangladesh) of (any) suit or proceeding (which is not collusive and) in which any right to immovable..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......herefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......re no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ......lar. 3. They also seized from the house 5(five) international passports belonging to other family members of the accused on the allegations that the accused brought those foreign currencies into Bangladesh and kept them in his custody by evading custom duties and thus committed the offence unde..Category: Fiscal/Taxation Law | Date: | Hits: 75
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 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: 17 BLT (AD) (2009) 314. ......bstance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ......in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ...... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 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: VI ADC (2009) 1019. ......bstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ......ance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1019. ..Category: Criminal Law | Date: | Hits: 116
Secretary, Ministry of Education and others Vs. Mowlana Wahiduzzaman and another, 2009, 38 CLC (AD)
....udgment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......ment to have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......have been passed in accordance with law. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 1016. ......t only violative of section 17(2) (b) of the Madrasa Education Ordinance. 1978 but also violative of the scheme of the said Ordinance as reflected in section 3(1) thereof which authorizes the Bangladesh Madrasa Education Board only to regulate, control, supervise, develop and improve t..Category: Employment/Service Law | Date: | Hits: 146
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......sdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ....... There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ..Category: Civil Law | Date: | Hits: 136
Fazle Elahi Sharfuzzaman Vs. Surujit Bose (Raju) and others, 2009, 38 CLC (AD)
....Jew, the heirs of Roy Bahadur Karuna Das Bose have been managing the property of the deity as Sebayet and scheme for the proper management of the property was declared by decree passed by Subordinate Judge 1st Court, Dhaka in Title Suit No.56 of 1944 and since then the said property is being run by ......he above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009......., we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009.......the above, we find in substance on the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1009...Category: Tenancy Law | Date: | Hits: 214
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....7 passed by a Single Bench of the High court Division in Civil Revision No.3057 of 1997 making the Rule absolute reversing the judgment and decree dated 22.5.1997 passed by the learned Sub-ordinate Judge, First Court, Khulna in title Appeal No.19 of 1999 reversing the judgment and decree dated 3...... at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......orrect decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ......ved at a correct decision. We therefore fined on reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009)1006. ..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....laintiff realized that the defendant No.1 would not return to Bangladesh and in order to enforce his right the plaintiff therefore instituted the Other Suit No.227 of 1994 in the Court of Subordinate Judge, 3rd Court, Mymensingh seeking specific performance of the contract being agreement to sell da......efore find no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......nd no reason to interfere with the same. The petition is accordingly dismissed upon condonation of delay. Ed. This Case is also Reported in: VI ADC (2009)1003, 16 MLR (AD) (2011) 454.......fter the liberation the plaintiff on several occasions communicated with the defendant No.1 insisting him to execute the kabala. In reply the defendant No.1 repeatedly assured that he would return to Bangladesh and complete the execution in no time. While the plaintiff was ahead of defendant No.1, t..Category: Limitation Law | Date: | Hits: 255
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....l Revision No.251 (P.M.) of 2005 discharging the Rule. 2. The facts of the case, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 2004 in the Court of Assistant Judge, Chakaria, Cox's Bazar praying for simple declaration of title over the suit land as more ful......; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......nbsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ..Category: Property Law | Date: | Hits: 88
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
.... by the High Court Division in Civil Revision Nos. 3310 of 2002 and 3320 of 2002 discharging the Rules arising out of the judgment and decree dated 31.03.2002 passed by the Additional District Judge 3rd Court, Sylhet in Title Appeal No.208 of 1999 heard analogously with Title Appeal No. 209...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......;stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 996. ..Category: Property Law | Date: | Hits: 132
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