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Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
....Rin Adalat. Though the question of whether a claim has been discharged by independent set off should be governed by the law of claim which the debtor asserts has been discharged subject to any public policy rule of the forum of the country but in the instant case the said opportunity has not......el for the petitioners to interfere with the impugned judgment of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 906. ..Category: Civil Law | Date: | Hits: 96
Bangladesh Vs. Miss Nasima Khatoon and others, 2005, 34 CLC (AD)
....adpur Housing Estate, Dhaka dated 27.03.1986, filed by the write respondents before the Court of Settlement as annexure-M (1) the learned Attorney General submits that the said document being not a public document was not filed before the court properly and as such no credence can be given to th......made above we are inclined not to interfere. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 901. ..Category: Property Law | Date: | Hits: 22
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
.... to issue an injunction as prayed for. By such action of the defendants the matter assumed a new character and it ceased to be a matter concerning merely private rights. It became a matter concerning public policy relating to administration of justice. It is the duty of the court to compel the offen......nstruction of the wall by the appellants on 31-5-75 shall continue till the hearing of the injunction matter by the learned Munsif. Ed. This Case is also Reported in: 35 DLR (1983) (AD) 42. ..Category: Property Law | Date: | Hits: 31
Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)
....1 of 2005). Judgement Syed J. R. Mudassir Husain CJ. - The petitioner as a public interest litigant is seeking leave to appeal against the judgment and order dated 24th ....... 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: V ADC (2008) 64. ..Category: Election Law | Date: | Hits: 124
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....sp; which is two and a half months before the institution of the suit, the road was constructed; admittedly the road in question is an old one and it is the reconstruction of the public road to connect villages through the khas land and during the pendency of the suit ther......plaintiffs did not authorise anybody to cut earth from the suit land and that if the defendants attempt to construct the road ignoring objection of the plaintiffs there may be serious beach of peace which may even result to murder which may not be compensated by money. The defendant Nos. 1-..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
.... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ......ackground of the materials on record and on consideration thereof observed that the appellate Court misread the oral evidence and misconstrued the pleading of the parties and ignored the vital peace of evidence i.e. the S.A. Khatian prepared in the name of the plaintiff and the rent receipt ..Category: Property Law | Date: | Hits: 26
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....Supreme Court in making scrutiny of executive acts never recedes to the background, as observed by the learned Judge so long as the constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the State and the Government...... Court in making scrutiny of executive acts never recedes to the background, as observed by the learned Judge so long as the constitution remains operative. The maintenance of law and order, public peace, public safety and security are undisputedly concerns of the State and the Government know b..Category: Procedural Law | Date: | Hits: 107
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....able of creating a belief as to the existence of the situation absolving the husband, the condemned prisoner, of his criminal liability for the murder of his wife, the victim specially when all the public witnesses have stated that they heard that the victim was killed by the thieves who entered......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ..Category: Criminal Law | Date: | Hits: 58
St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)
....sh Bank through automation process to enable it to effectively play more efficient role as a central bank. International Development Association (IDA) extended a credit in favour of the People's Republic of Bangladesh towards the cost of its Central Bank Strengthening Project. The estimated......s therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed with observation. Ed. This Case is also Reported in: V ADC (2008) 100. ..Category: Business or Commercial Law | Date: | Hits: 110
Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)
.... is entitled to emolument and other service benefits on the averments that he, on 9.5.1996, was appointed as the Deputy General Manager of Bangladesh Overseas Employment and Services Ltd (BOESL), a public limited company fully owned by the Government on the basis of an open competitive process a......on record arrived at a correct decision and there in no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 885. ..Category: Employment/Service Law | Date: | Hits: 71
Shirajul Islam and others Vs. Shoshti Rani and others, 2007, 36 CLC (AD)
.... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ...... interference is called for with the judgment sought to be appealed by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 832. ..Category: Property Law | Date: | Hits: 22
Mofizuddin Howlader Vs. Abdur Rashid & others, 1982, 11 CLC (AD)
.... (3) that the intention of the wakif is clear; (4) that the waqf is permanent; (5) that a specified amount out of the income of the waqf estate, though small, is, to be spent on public charity; (6) that the management of the waqf estate must continue even in the event ......urt Division are set aside and those of the trial Court are restored. The appellant is allowed the cost of the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 36. ..Category: Trust/Waqf Law | Date: | Hits: 171
Jabed Ali Vs. Abu Shaikh and others, 1982, 11 CLC (AD)
....or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ......or made according to the Muslim Law would, therefore, be valid. In the result, the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 31. ..Category: Property Law | Date: | Hits: 37
Md. Khalequl Islam Vs. State, 2006, 35 CLC (AD)
....ould not be quashed. 4. The case arose out of F.I.R. lodged by one Assistant Inspector of D.A.B., Bogra alleging, inter alia, that one Abul Hossain Ex. Assistant Director Jute, Bogra Zone, a public servant received Tk.1, 00,000/-being loan money paid by farmers from Md. Khalequl Islam, Ex-......ing cogent reasons does not require interference by us. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 805; 11 MLR (AD) 2006, 343. ..Category: Criminal Law | Date: | Hits: 96
Mst. Mariam Bibi Vs. Shiraj Madbar and others, 2006, 35 CLC (AD)
....ort of Section 8IB of the State Acquisition and Tenancy Act. 8. He further submits that the lower appellate court being the last court of fact found that part of the suit property was a public road and due to failure of the plaintiffs to pay the salami their settlement was liable to t......of the view that there is no error in the said judgment. In view of the discussion made above, the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 774. ..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....r of the petitioner as the acquired land vested absolutely in the Government and even if some portion of the acquired property remains unutilized, the Government may use the same for similar other public purpose. Since the final compensation money has not yet been paid for want of gazette n......correct decision. There is no cogent reason to interfere with the impugned judgment. 8. The leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 770. ..Category: Property Law | Date: | Hits: 26
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
....k all preparations for holding the said Annual General Meeting on 28.4.2003 at Hotel Sonargaon, Dhaka; there is no restriction in the Companies Act, 1994 regarding the tenure of directors of a public limited company or their re-election except the provisions of Section 91(2) which provides ......rrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 649. ..Category: Business or Commercial Law | Date: | Hits: 78
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....t for realizing the money and obtained a decree of Tk. 1,45,61,562/- and the decree holder bank instituted Execution Case No. 23 of 1999 for recovery of the money by putting the aforesaid property in public auction and the auction took place on 02.09.2002 and the appellant auction purchased the prop......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..Category: Civil Law | Date: | Hits: 132
Bangladesh Vs. Md. Waziullah, 2008, 37 CLC (AD)
....ct, 1974 on 11.10.2003. The impugned order is ex-facie illegal and void, because the power under Section 9(2) of the Public Servants (Retirement) Act, 1974 could only be passed in a clear case of 'public interest' by the Government. Only the Government is competent to retire a Public Servant un...... substance in the submissions of the learned advocate for the petitioner Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 161. ..Category: Administrative Law | Date: | Hits: 120
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....tle the matter in issue. On 03.09.1986 P.W.11, A.C. Fazlul Karim of D.B. received information from the secret source regarding snatching away the dollars by the member of police at the instance of public. Thereafter, he entrusted P.W.12 inspector Nasiruddin of D.B. to investigate into the matter......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..Category: Criminal Law | Date: | Hits: 40
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