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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. ......;…………………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 Bhathacharje..

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. ......id not surrender after expiry of the period of bail instead absconded. Accused petitioner No. 2 is his full brother and both of them are living in adjacent houses and both of them are aware of the case and as such the High Court Division discharged the Rule for condonation of the delay. 4..

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. ......those of dated 30.10.1996 passed by the learned subordinate Judge (now Joint District Judge), 1st Court, Mymensingh in Miscellaneous Case No. 123 of 1993 dismissing the same. 2. Facts of the case, in short, are that, the predecessor of the plaintiff-respondent instituted Title Suit No. 71 ..

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. ...... enforcement of commercial contracts, the High Court Division acted without jurisdiction in entertaining the writ petition in view of the principle of law laid down by the Appellate Division in the case reported in 39 DLR (AD) 85. The writ petitioner-respondent having signed the tender bid agree..

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........ Satvendra Nath Bose National 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 M..

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. ......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. ......arned Counsel submitted that under Section 417A(2) of the Code of Criminal Procedure appeal shall lie to the appellate court against the sentence on the ground of its inadequacy and in the instant case the sentence having been passed by the learned Magistrate the appellate court was the Court of..

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. ......ect assessment of the materials on record arrived 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: ......e succession, the said children of the predecessed son living at the time of opening of the succession shall per stripes receive a share equivalent to the share which the sons or daughters, as the case would have received if alive. The aforesaid submissions merit consideration. Lea..

Category: Property Law | Date: | Hits: 97

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

....bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ......the very jurisdiction of this Court in exercising its power under the aforesaid provisions of Code of Criminal Procedure, we thought it proper to resolve the question first before proceeding with the case any further and in doing so we also felt it necessary to take assistance from the senior member..

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. ....../34 of the penal Code and sentencing them to imprisonment for life and ordered to pay a fine of Tk. 5000/- in default to suffer rigorous imprisonment for 1(one) year more. 2. The prosecution case, in brief, is that P.W.1 Razia Khatun, wife of the victim, lodged a F.I.R. on 01-10-1995 with..

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.......e-emptor filed Miscellaneous Case No.1 of 1981 in the court of the learned Munsif, Patuakhali and it was subsequently renumbered on transfer as Miscellaneous Case No.91 of 1983 for pre-emption of the case land measuring 79 decimals out of 2.26 acres of land under section 96 of the State Acquisition ..

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. ......dalat on its own initiative or on the basis of the appli­cation of the borrower can deduct the value of the goods shown, any, by the borrower at the time of decreeing the suit. In the instant case, the value of the pledged goods, if any may be considered by the Court at the time of passi..

Category: Civil Law | Date: | Hits: 152

Sonali Bank, Sadarghat Corporate Branch, Dhaka Vs. Mrs. Hazera Islam and others, 2009, 38 CLC (AD)

....­ingly the appeal is allowed and the judgment and order of the High Court Division are set aside without any order as to cost. Ed. This Case is also Reported in: VI ADC (2009) 975. ......Rin Adalat Ain as the inherent power of the Artha Rin Adalat can be exercised only when the Adalat is in sisin of the matter and to prevent the misuse of process of the Court but in the present case the Artha Rin Adalat became funtus officio and in such direction to the Artha Rin Adalat to r..

Category: Property Law | Date: | Hits: 106

Md. Mobarak and another Vs. Sk. Ayub Ali and others, 2008, 37 CLC (AD)

.... find any cogent reason to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 974. ......y the High Court Division in civil Revision No. 3266 of 2002 discharging the Rule. 2.  Short facts as placed before the High Court Division are that the pre-emptors filed Miscellaneous case No.1 of 2000 in the Court of Senior Assistant Judge, Munshigonj against the petitioners and th..

Category: Property Law | Date: | Hits: 44

Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)

....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) 971. ...... that the order of cancellation of his appoint­ment as Assistant Head Master of Khabashpur Labonya Prova High School is illegal, void, collusive and not binding upon him. The short fact of the cases is that the plaintiff joined the said school on 13.5.1996 as Assistant Teacher (Agriculture) ..

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

Most. Rokeya Begum Vs. Dr. Md. Golam Kibria, 2008, 37 CLC (AD)

....and its author was not exam­ined before the Court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 968. ......alpur against the present opposite party as defendant for mandatory injunction requiring the pres­ent respondent to break his house and take it back by 3 feet inside his compound. 3. The case of the present petitioner as plaintiff, in brief, is that on 03.12.1974 she had purchased her ..

Category: Property Law | Date: | Hits: 87

Bangladesh Power Development Board & ors Vs. M/s. Arab Contractor, (BD) Ltd & ors, 2009, 38 CLC (AD)

....rbitration Act, 2001 on the basis of bank papers. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 952. ......late Division (Civil) Present: MM Ruhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Bangladesh Power Development Board and others........Petitioners (In all cases) Vs. M/s. Arab Contractor, (BD) Limited and others…...Respondents (In al..

Category: Alternative Dispute Resolution | Date: | Hits: 344

Sreemati Priti Rani Chakraborty and others Vs. J.M. Sen Institute, 2006, 35 CLC (AD)

.... made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 945. ......l averments made in the plaint and stating, inter alia, that the suit was barred by limitation and that also hit by the provision of sections 10 and 11 of the code of Civil procedure. The specific case of the defendants was that the land in suit belonged to Abdul Majid Dobhash son of Yakub Ali D..

Category: Property Law | Date: | Hits: 82

Md. Serajul Islam alias Tuku Vs. Most. Shahid Khatun and others, 2008, 37 CLC (AD)

....ere 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: VI ADC (2009) 942. ......plaintiffs including Dr. Bazlul Haque as well as other sisters of defendant No.1 executed a solenama, Ext. A. in respect of the land left  by Dr. Sadeq Ali and also in respect of the criminal cases instituted between them  and in the said solenama the plaintiff admitted that the above..

Category: Property Law | Date: | Hits: 87