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....06.)
Judgment
SK Sinha J. - The delay in filing this leave petition is condoned. This petition for leave to appeal is directed against the judgment and decree dated 9th June, 2008 of a Division Bench of the High Court Division in First Appeal No.95 of 2006 affirming with modification of those ......o withhold the payment of the decreetal amount. We find no merit in the contention of Mr. Mahmud.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 991...
Category: Civil Law | Date: | Hits: 96
Syed Amir Hossain Vs. State and another, 2010, 39 CLC (AD)
....Division in Criminal Miscellaneous Case No.21228 of 2008.) Judgment SK Sinha J. - This petition for leave to appeal is directed of the judgment and order dated 23rd November, 2008 of a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 21228 of 2008 summarily rejectin......edings. There is, therefore, no warrant in law to interfere with the same. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 969, VII ADC (2010) 1020...Category: Criminal Law | Date: | Hits: 54
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....tioner and are in between the same parties and have arisen out of a common judgment and order dated 3.12.2007 passed in Civil Revision Nos. 6721 and 6690 of 2002, heard and disposed of, by a Single Bench of the High Court Division, making the rules absolute. 2. The Civil Revision No. 6721 of ......petitioners are permitted to prepare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ..Category: Property Law | Date: | Hits: 45
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....ailure of justice”. 9. Another decision in the case of Madinullah Miah Vs. Md. Abdul Mannan and another reported in 54 DLR(HCD) 507, wherein their Lordship held in paragraph 20:- “A single Bench of this Division was severely criticised by the Appellate Division in Abdul Mazid Howlader and......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..Category: Property Law | Date: | Hits: 36
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
....the High Court Division in Writ Petition No. 5189 of 2009) Judgment BK Das J.- This Petition for leave to appeal is directed against the judgment and order dated 11.11.2009 passed by a Division Bench of the High Court Division making the rule absolute in Writ Petition No.5189 of 2009 declaring...... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ..Category: Election Law | Date: | Hits: 96
Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)
....Mr. Alam submits that in 47 CWN 186, Calcutta High Court observed that a stay order made by the Appellate Court operates from the time it is passed. In the case reported in 1960 PLR (WP) 751 the Full Bench of West Pakistan following a Full Bench judgment of Lahore High Court [DLR 1955 (WPC) 3] held ......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531...Category: Civil Law | Date: | Hits: 70
Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)
....74 of 2007) Judgment Surendra Kumar Sinha J.- This petition for leave to appeal at the instance of the defendant-petitioners arose from the judgment and order dated 25th June, 2009, of a Single Bench of the High Court Division in Civil Revision No.74 of 2007 making the rule absolute by setting......have 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: VII ADC (2010) 871...Category: Property Law | Date: | Hits: 30
.... No. 2975 of 2003 by three former Additional Judge, who were not confirmed and in Writ Petition No. 3217 of 2003 by Mr. Farhad Ahmed, an Advocate of the Supreme Court.
3. On the view of a Division Bench dated 19-4-03 that the writ petitions raised complicated constitutional questions of great pub......f this Court directs the respondent in that regard. It is accordingly, ordered. The short order is treated as part of this judgment.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 523.
..
Category: Constitutional Law | Date: | Hits: 252
....008 (analogous judgment with Writ Petition No.7346 of 2007).
Judgment
BK Das J.- This petition for leave to appeal has arisen against the judgment and order dated 2.12.2008 passed by a Division Bench of the High Court Division in Writ Petition No. 6254 of 2008 (Analogously heard with Writ Peti......s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819...
Category: Civil Law | Date: | Hits: 75
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
..... In our jurisdiction, it appears the question of injunction against construction in urban areas for the first time was considered in Ali Ahmed Vs. Rezia Begum and others, 1986 BLD 326 and a Division Bench of this Division rejected the prayer injunction on the following view: “In our view the n......rged. Order of stay is recalled and vacated. Learned Joint District Judge is directed to take steps for disposal of the Suit. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 515...Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
....nquiry. On appeal the decree of the lower Court was set aside and the case was remanded. The learned Munsiff was directed to issue a commission for local investigation. On a second appeal, a Division Bench, presided over by Jenkins CJ, held that there can be no justification for remand, unless it ca......reby set aside. The Miscellaneous Case No. 4 of 1997 of the Assistant Court, Hatia, Noakhali is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 507...Category: Property Law | Date: | Hits: 37
....that certain contracts of sale were valid and the purchase of certain bales were not valid since ratification of the transaction or purchase was obtained by fraudulent misrepresentation, a Division Bench of the Lahore High Court found the prayer for amendment of the plaint for addition of further ......2000 is hereby recalled and vacated. Learned Subordinate Judge is directed to proceed with the suit in accordance with law.
Communicate.
Ed.
This Case is also Reported in: 55 DLR (2003) 166.
..
Category: Procedural Law | Date: | Hits: 60
Auto Equipment Ltd. Vs. Commissioner of Taxes, 2001, 30 CLC (HCD)
....r section 160(1) of the Income Tax Ordinance, 1984 at the instance of the assessee Auto Equipment Limited has been made against the order dated 4-7-1999 made by the Taxes Appellate Tribunal, Division Bench 2, Dhaka. This reference is relating to assessment year 1993-94. 2. The facts, in brief, ar...... and adopted GP rate at 23%. 9 Therefore the question is answered in the negative and in favour of the assessee. No order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 496...Category: Fiscal/Taxation Law | Date: | Hits: 69
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....he executing Court by its order dated 8-10-2001. 6. Against this order dated 8-10-2001 said Kabir Chowdhury and two others moved this Division in revision under section 115 of the Code. A Division Bench hearing the application was pleased to dispose of the same by an order dated 22-10-2001 with a......he executing Court is directed to proceed with the proceeding of Other Execution Case No. 3 of 1997 in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 485. ..Category: Civil Law | Date: | Hits: 125
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
.... the trial Court. 5. Challenging the decision of the appellate Court the petitioner preferred the Civil Revision No.4189 of 2008 before the High Court Division. Upon hearing the parties a Division Bench of the High Court Division was pleased to discharge the Rule issued in the said Civil Revision......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500...Category: Property Law | Date: | Hits: 20
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....r proceedings of a suit pending before the Family Court. So, he submits, the learned Subordinate Judge erred in law in refusing to grant an order of injunction or stay. In support he cites the Single Bench decisions in the cases of Bashirullah Munshi Vs. Abdul Bari Bepari, 21 DLR (Dhaka) 183, Arifa ......ted. The learned Assistant Additional Judge is directed to proceed expeditiously with the family suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 481...Category: Family Law | Date: | Hits: 185
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
....ment as defined in Section 2(d) of that Act. It was noticed that among other concerns 'a banking company' and 'a bank’ were included within the definition, and after elaborate discussion a Division Bench of this Court held that the Bank was a Commercial Establishment. There is no reason why the Ja......he result, the Rules issued in Civil Revision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...Category: Employment/Service Law | Date: | Hits: 76
Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)
.... for the crime it is admissible. If it flows from, hope or fear, excited by persons in authority it is inadmissible. 11. In the case of Habibur Rahman Vs. The State, 1988 BLD (HD) 210 a Division Bench of this Court pointed out some of the essential tests for the admissibility of the confessiona......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...Category: Criminal Law | Date: | Hits: 31
Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
....007.) Order Surendra Kumar Sinha J.- Defendant in a suit for permanent injunction as well as mandatory injunction being aggrieved by the judgment and order dated 9th April, 2009 of a Single Bench of the High Court Division in Civil Revision No. 5469 of 2007 preferred this petition for le......ner is permitted to add additional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647...Category: Property Law | Date: | Hits: 33
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....erence under section 160 of the Income Tax Ordinance, 1984 at the instance of the Commissioner of Taxes Zone-7 Dhaka arises out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for the assessment year 1992-93. 2. In pursuance of the notic......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
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