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....nse, prayed for civil imprisonment of the judgment-debtor by filing an application under Section 34 of the Artha Rin Adalat Ain, 2003 and the executing court by its order dated 12.04.2004 allowed the prayer and ordered for civil imprisonment of the judgment debtors for three months, the period to be......
Lawyers Involved:
Mozaffar Hossain, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner.
Not represented-the Respondents.
Civil Petition for Leave to Appeal No. 28 of 2008.
(From the judgment and order dated 05.12.2007 passed by t......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
......with law and no interference is called for.
Accordingly, the application for leave to appeal is dismissed.
This Case is also Reported in: 15 MLR (AD) (2010) 96; 15 BLC (AD) (2010) 113.
..
Category: Civil Law | Date: | Hits: 121
Md. Shamser Ali another Vs. Md. Shahajahan Ali and others, 2009, 38 CLC (AD)
....ing his written statement in substitution of the previous statement which was said to have been filed by the plaintiffs by using their names. The learned Senior Assistant Judge, rejected the said prayer. The petitioner thereafter unsuccessfully moved the learned District Judge, in revision and t......ondents Judgment November 19, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.821 of 2009. (From the judgment and order dated 21.08.2008 passed by ......rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ......rejected up to the High Court Division with good reasons. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 343. ..Category: Procedural Law | Date: | Hits: 92
Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)
....took any step calling for the volume from the office of the concerned Sub-Registrar. As such, the certified copy of the Heba-bil-ewaz was not proved. However, in the High Court Division, on the prayer of the defendant-petitioner the volume was called for but the same did not tally with the cer......rd-For the Petitioners. Harunur Rashid, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos.2-25. Civil Petition for Leave to Appeal No. 206 of 2009. (From the Judgment and order dated 10.03.2008 passed by ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..Category: Property Law | Date: | Hits: 19
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....dingly this application for withdrawal of the suit with liberty to institute a fresh suit in respect of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 29...... Judgment July 19, 2009. Lawyers Invoplved: Abu Sams Md. Khalequzzaman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 812 of 2009. (Arising out of C.M.P. No. 62 of 2009.) (From the......of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......of the same subject matter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ..Category: Property Law | Date: | Hits: 35
Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)
....t already prayed in his plaint that if it is found that the plaintiffs had been dispossessed from the land in suit during pendency of the suit, no amendment petition is necessary for deleting the prayer for confirmation of possession, and on the basis of the said prayer, as made in the plaint, a......l Review Petition No.15 of 2009. (From the judgment and order dated 6.11.2008 passed by the Appellate Division in Civil Appeal No. 332 of 2003) Judgment BK Das J.- This petition for review is directed against the judgment and order dated 6.11.2008 passed by the Appellate Divisi......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..Category: Property Law | Date: | Hits: 26
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....findings the Appellate Division set aside the judgments of the Courts below in part and sent back the suit on remand to the trial Court for allowing the plaintiff to amend his pleadings by adding the prayer for recovery of possession on payment of proper court fee with a direction that the trial Cou......arisal in Title Appeal No.158 of1980 who affirmed those dated 16th June, 1980 of the learned Subordinate Judge, 1st Court, Barisal in Title Suit No.33 of 1960. 2. Appellant instituted the suit for declaration of title to the suit lands and further declaration that the decree passed in Title......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ..Category: Property Law | Date: | Hits: 20
....t it is a great responsibility to examine such an important question. We also think that foolproof remedies may not be found but we shall try to find out some solutions.
4. The writ petitioners in prayer A(ii) prayed for issuing a direction upon the respondents to comply with the guidelines as se...... knowledge of the existence of some facts and such knowledge shall be the basis of arrest without warrant. There can be knowledge of a thing only if the thing exists…………….(10)
Credible Information, Source of Information
If a person is arrested on the basis of credible information nat......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately.
Ed.
This Case is also Reported in: 55 DLR (2003) 363.
..
Category: Constitutional Law | Date: | Hits: 137
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....ad no other medical evidence to be adduced in the case other than that was proved by Dr VV Gupta (P.W. 3). Under such circumstances the accused persons filed an application for their discharge. The prayer was rejected by the trial Court. A Single Judge of the Delhi High Court quashed the order of ......ssions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ......ances of the case. The submissions of the learned Counsel merit no consideration. The appeal is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 233; 15 MLR (AD) (2010) 175. ..Category: Anti-Corruption Laws | Date: | Hits: 195
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
.... of the said suit shop to any other person except the plaintiff. 6. The trial Court on hearing the application issued an order asking the defendants to show cause within 5 days as to why the prayer for injunction should not be granted. The defendant No.1 appeared on 03.08.2005 and prayed ......ocate, instruct-ed by Nawab Ali, Advocate-On-Record-For the Respondent No. 1 (In both the petitions). Not Represented-For the-Respondent Nos. 2-3 (In both the petitions). Civil Petition for Leave to Apple Nos. 83 and 129 of 2009. (From the judgment and order dated 04.11.2008 pas......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petitions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and others, 2009, 38 CLC (AD)
....of the High Court Division passed in Writ Petition Nos. 4986 and 4987 of 1996 making absolute the Rule obtained challenging the decision of the Board of Janata Bank, the appellant is not allowing the prayer of the respondent No. 1 for exemption of interest. 2. Facts of Civil Appeal No. 103 of......ed in Writ Petition Nos. 4986 and 4987 of 1996 making absolute the Rule obtained challenging the decision of the Board of Janata Bank, the appellant is not allowing the prayer of the respondent No. 1 for exemption of interest. 2. Facts of Civil Appeal No. 103 of 2004 in brief, are that the re...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ...... order as to costs. The appellant may however consider the prayer of the respondents in accordance with law if found tenable. Ed. This Case is also Reported in: VII (ADC) (2010) 201. ..Category: Banking Law | Date: | Hits: 98
Md. Fazlul Haque Vs. Abdul Malek alias Maya Miah and another, 2009, 38 CLC (AD)
....efore the Court and the deposit as directed by the Court was also not made and therefore the High Court Division committed no illegality in not interfering with the order of the Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly di...... K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 200 of 2009. (From the judgment and order dated 27.11.2008 passed by ......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ......Court rejecting the prayer for enlargement of time. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 181. ..Category: Property Law | Date: | Hits: 29
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2009, 38 CLC (AD)
....998. It appears that the Appellate Court below on due consideration of the evidences on record allowed the appeal holding that the suit as framed and filed is maintainable inasmuch as in the suit a prayer was made for declaring that the judgment and decree passed in Title Suit No.9 of 1998 was ill......or the petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondent Nos. 1-3 Not represented-Respondent Nos.4-6. Civil Petition for Leave to Appeal No. 872 of 2008. (From the judgment and order dated 05.03.2008 passed by the ......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ......ngs of the Courts below. In the premises we do not find any merit in the application. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 137. ..Category: Property Law | Date: | Hits: 37
Md. Nazrul Islam Vs. National Fans Limited and another, 2009, 38 CLC (AD)
....rade Mark Appeal No.63 of 2001 dismissing the appeal preferred impugning the order dated 10.9.2001 of the Deputy Registrar of Trade Marks passed in Opposition Case No.1657 of 2000 though allowing the prayer of the petitioner to keep Trade Mark GX 06661 hut restraining him from using the words "BISCI...... Md. Ismail Miah, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the petitioners (Appeared with the leave of the Court) Not represented-the Respondents. Civil Petition for Leave to Appeal No. 243 of 2008. (From the judgment and order dated 01.08.2006 passed by ......ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ......ality 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 (2010) 61, 16 MLR (AD) (2011) 420. ..Category: Intellectual Property Law | Date: | Hits: 211
Abdus Samad Sheikh and another Vs. Khaleda Begum and others, 2009, 38 CLC (AD)
....it of accounts through the Investment Board of Bangladesh in order to ascertain the actual loss suffered by the plaintiff and by the impugned order the Court on hearing both the parties allowed the prayer. 3. The petitioner moved the High Court Division and by the impugned order the High Co......-For the Petitioners. Momtazuddin Fakir, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 2274 of 2008. (From the Judgment and Order dated 26-10-2008 passed by......onal 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. ......onal 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. ..Category: Others | Date: | Hits: 94
Collector of Customs and others Vs. TK Oil Refinery Ltd. and 22 others, 2009, 38 CLC (AD)
....Constitution of Bangladesh, 1972, Article 103 Points not raised in the lower court cannot be urged at the leave stage.—After the bills of entry were presented considerable time has elapsed. The prayer of the appellants made at this belated stage to allow them to determine normal value of the......l value of the goods would amount to giving them highest latitude, though they, all along, acted in violation of law and tried to extract money from the respondents by fixing "indicative value", is a foreign and unknown terminology. The Customs Act (IV of 1969), Sections 25(1)(7), 30 & 79 ......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. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 86
Md. Chan Miah Vs. Md. Dabirul Islam Khan @ Muku Miah & Others, 2009, 38 CLC (AD)
....isition and Tenancy Act on 29.5.2001 to become co-applicant praying for rateable pre-emption in the case land. 5. The learned Subordinate Judge on consideration of the application allowed the prayer of the opposite party No. 7 vide order No. 25 dated 4.6.2001 subject to deposit of the consid......ord- For the Petitioner. Munsur Habib, Advocate, instructed by Md. Zainal Abedin, Advocate-On-Record- For Respondent No.1. Not Represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal No. 729 of 2008. (From The Judgment and Order Dated 20.05.2007 passed By ....... 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........ 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)
....ed the suit by filing a joint written statement and contended, inter alia, that the plaintiffs have no right, title and possession in the suit land and as such without paying ad valorem Court fee and prayer for consequential relief, the suit is not maintainable. Their case in short is that the suit ......cted by Sharifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by ......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. ......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
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....itten statement asserting, amongst others, that it suffered loss due to devastating cyclone of 1997 and accordingly prayed for exemption of interest and that the plaintiff bank considered the prayer favourably and allowed exemption of a portion of the accrued interest amount subject to paym......ch 9, 2009. Lawyers Involved: Sirajul Islam Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed b......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. ......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
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....the same before or at the time of execution of the partition deed Ext.’Ga’. Since a complicated question of title is involved the instant simple suit for partition is not maintainable without any prayer for declaration of title. 5. The trial court decreed the suit in preliminary form by judg...... June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points involved in a case. No remand order c...... in law. Mr. Ahmed on the other hand while supporting the impugned order of remand submits that since complicated question of title is involved the High Court Division acted in accordance with law in remanding the case for being tried also as a suit for declaration of title after required amendment ......al court as well as the appellate court below are hereby restored. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in:62 DLR (AD) (2010) 239. ..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....tion of the judgment and order of conviction for a period of three months at the time of issuance of the rule nisi. Thereafter another Division Bench took up the matter on 18th December, 2008, on the prayer of the writ petitioner for fixing a date of hearing and the learned Judges having noticed tha...... obligatory to submit to the due process of law who seeks the interference on revision of a judicial order. The rule of law depends upon definite principles and binding precedent, which together make for certainty, uniformity and predictability. These in turn provide the foundation of fairness in ju......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
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