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Mozibur Rahman Vs. Al-haj Nazrul Karim and others, 2009, 38 CLC (AD)
....peal setting aside status-quo order dated 01.03.2006 passed by the trial Court. If the petitioner has any reason to be aggrieved he could file a fresh application for redress of the same or make a prayer for modification of the order to cope with any eventuality. We do not find any cause to inte...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Mr. Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioners. Not represented-For the Respondents. Civil Petition for leave to Appeal No. 2136 of 2008. Judgment &n......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
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
....and termination of her employment by the defendant No. 2 is illegal and not binding upon her and that she is entitled to reinstatement to her post. Subsequently the plaint was amended to include a prayer for mandatory injunction directing the defendants to pay her emolument. 3. Pursuant to......y Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. AJ Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No.1199 of 2008. (From the judgment and order dated 5.6.2008 passed by ...... 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. ...... 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
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
....For the State. Criminal Miscellaneous Case No. 3875 of 2007 Judgement Nozrul Islam Chowdhury, J.- On 29.3.2007 this application under Section 498 of the Code of Criminal Procedure with a prayer for anticipatory bail, was placed before this Court in connection with G.R. Case No. 8 of 200...... State. Criminal Miscellaneous Case No. 3875 of 2007 Judgement Nozrul Islam Chowdhury, J.- On 29.3.2007 this application under Section 498 of the Code of Criminal Procedure with a prayer for anticipatory bail, was placed before this Court in connection with G.R. Case No. 8 of 2007 arisi......ith the same case held in the judgment: "It is clear that the Court had jurisdiction to go into the question whether the award and decree were without jurisdiction and the order of the High Court remanding the case for a decision in accordance with law was fully justified." 26. Mr. Mahmudul ......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: ..Category: Criminal Law | Date: | Hits: 101
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
....elling out the pledged goods was filed only after cross examination of P.W.1 in part. From the impugned order it appears that the learned Judge of the Artha Rin Adalat has rejected the prayer of the defendant for selling out the alleged pledged goods considering the facts and the ......sp; Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1561 of 2008. (From the judgment and order dated 01.07.2008 passed ...... 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. ...... 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. ..Category: Civil Law | Date: | Hits: 152
Md. Azizul Hoque Vs. Md. Aftabuddin and others, 2009, 38 CLC (AD)
....laintiff respondent was removed from the post of Head Master after the cancellation of his appointment as Head Master and he having filed the suit only for declaration simpliciter without any prayer for re-instatement in the said post his suit is hit by section 42 of the Specific Relie......For the Petitioner. Seikh Atiar Rahman, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-For Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1615 of 2008. (From the judgment and order dated 23.4.2008 passed b......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. ......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. ..Category: Employment/Service Law | Date: | Hits: 106
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. ......nbsp; November 9, 2008. Lawyers Involved: Md. Nawab Ali, advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1246 of 2007. (From the judgment and order dated 15.04.2007 passed ......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. ......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. ..Category: Property Law | Date: | Hits: 87
Administrator of Waqfs, Bangladesh and other Vs. Shah Mohammad Alinoor & others, 2009, 38 CLC (AD)
....e Civil Miscellaneous Petition Nos. 138 and 139 of 2006) and then the respondent No. 10 filed an application for withdrawal of the Civil petition Nos. 505 and 506 of 2006 and on the basis of the said prayer, the Appellate Division by order dated 4.2.2007 dismissed the Civil Petition Nos. 505 and 506...... A. J. Mohammad Ali, Senior Advocate instructed by Haridas Paul, Advocate-on-Record-For Respondent Nos. 1-5 (In both cases). Not represented-Respondent Nos. 6-11 (In both cases). Civil Petition for Leave to Appeal Nos. 1359-60 of 2008. (From the judgment and order dated 12.5.2008 passed by ......rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930.......rrect decision and there is no illegality or infirmity in the above decision so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 930...Category: Trust/Waqf Law | Date: | Hits: 518
Ahmed Hossain Khan Vs. Mosammat Hamida Begum Chowdhury and another, 2007, 36 CLC (AD)
....aintiff created the second agreement dated January 23, 1978 and took signature of the defendant by force. It was also the contention of the appellant that in the facts and circumstances of the case prayer for specific performance of contract for sale in the light of the provision of section ...... of defendant No.1's failure to execute and register the kabala and to hand over possession of the property, to have the said reliefs through the Court. 2. The suit was averring specific performance of the contract for sale of the land in suit. 3. The plaintiff filed the suit averr...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ...... discussion made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VI ADC (2009) 901. ..Category: Property Law | Date: | Hits: 100
A.K. Reazul Karim Vs. State, 1983, 12 CLC (AD)
....ffender concerned. This petition was ordered to be put up at the concision of the Police Investigation. The police ultimately submitted final report and the Chief Presidency Magistrate considered the prayer of the Customs Authority that the goods seized may be handed over to them. The learned Magist......gmenting Revenue The entire scheme of the Customs Act shows that the main concern of the Customs Authority is to augment the revenue by levying tariff duties under the Customs and Tariff Acts and for preventing smuggling..............(48) The Customs Act, 1969 (IV of 1969), Section 156 O......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ......s are allowed. Proceedings are quashed and the judgment of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 113. ..Category: Fiscal/Taxation Law | Date: | Hits: 129
M/S M.M. Steel Mills Ltd & anr Vs. Judge, First Artha Rin Adalat, Ctg & anr, 2009, 38 CLC (AD)
....itation for filing the execution case started to run from the date of expiry of this one year time. So, we find that the learned Judge of the Artha Rin Adalat has rightly rejected the petitioner's prayer for dismissal of the execution case on the ground of limitation. 6. We have perused t......instructed by Md. Toufiq Hossain, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent No.2. Not represented-Respondent No.1. Civil Petition for Leave to Appeal No. 333 of 2008. (From the judgment and order dated 21.08.2007 passed b......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ......dance with law and therefore no interference is called for. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 875. ..Category: Civil Law | Date: | Hits: 99
K. M. Muzahid Islam Vs. Bangladesh, 2009, 38 CLC (AD)
....orrower Company prayed for further facilities in the form of waiver of the accrued interest and others, and the Board of Directors of the bank in its meeting held on 01.08.2000 considered the prayer of the Borrower Company and allowed certain financial benefit and rescheduled the repayment ......nstructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Md. Abdur Nur, Advocate-on-Record-For Respondent No.3. Not represented- Respondent Nos. 1-2. Civil Petition for Leave to Appeal No. 2119 of 2008. (From the judgment and order dated 04.12.2007 passed ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ......in. Thus we do not find any merit in the leave petition. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 865. ..Category: Civil Law | Date: | Hits: 140
Mostafa Kamal & another Vs. Salahuddin Ahmad and others, 2009, 38 CLC (AD)
....t respondent Nos.5 and 6 respectively and the impugned order dated 09.05.2004 passed by the learned Metropolitan Sessions Judge, Special Court, Dhaka in the Special Case No.39 of 2004 rejecting the prayer for according sanction from the office of the Prime Minister to proceed with the case agains......ting the Metropolitan Sessions Judge, Dhaka to proceed with the Special Case No.39 of 2004 arising out of Complaint Petition No.3795 of 2003 filed against the appellant-writ-respondent No.5 and pro-forma respondent No.6. 2. The facts, in short, are that the respondent No.1 as the appellan......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ......application in the instant case. Therefore we find no substance in these appeals and accordingly the same are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 412. ..Category: Criminal Law | Date: | Hits: 64
Zohiruddin Majumdar & others Vs. Salamatullah, 2008, 37 CLC (AD)
....of 1980 for ejectment of the plaintiff but the defendant Nos.1-5 were not made parties in the suit. They filed application for their addition as parties in the suit but the trial Court rejected their prayer. The defendant preferred Civil Revision No.4 of 1983 in the Court of District Judge, Noakhali......instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1-7. Not represented-Respondent No. 8-17. Civil Petition for Leave to Appeal No. 405 of 2006. (From the judgment and order dated 15.12.2005 passed by the ......on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ......on took a correct view in the matter. We do not find any cogent reason to interfere with the same. 9. The leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 794. ..Category: Tenancy Law | Date: | Hits: 155
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
....njunction when the same was upheld on contest by the apex court of the country and as such the application for temporary injunction is liable to be rejected. 11. The trial Court allowed the prayer for temporary injunction and the same was affirmed by the appellate court but on revision th......etitioners. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondents No. 1. Not represented-Respondent Nos. 2-15. Civil Petition for Leave to Appeal No.1500 of 2007. (From the judgment and order dated 02.08.2007 passed b...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ..Category: Property Law | Date: | Hits: 33
Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)
....reply within 7 days which the petitioner duly complied and then though the petitioner prayed for stay of the departmental proceeding against him till disposal of the criminal case but the said prayer was rejected; though the allegations made against the petitioner were not proved the Investi......rs vs. Md. Sharufuddin Mollahas 54 DLR (AD) 120. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 549 of 2006. (From the judgment and order dated 23.3.2006 passed by......re 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) 780. ......re 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) 780. ..Category: Administrative Law | Date: | Hits: 162
....urther it has been brought to the our notice that the contract work has already been completed by the subsequently appointed contractors namely the appellant of Civil Appeal No.245 of 2005. Thus, the prayers for the relief as made in the writ petition have become infructuous.
22. In Writ Petitio......eposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law.
Cases Referred To-
Sharping Matshjibi Samabaya Sa......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ......already done in accordance law, in full and final settlement of the claims of the writ-petitioner under the contracts.
Ed.
This Case is also Reported in: VI ADC (2009) 736, 31 BLD (AD) (2011) 1. ..
Category: Civil Law | Date: | Hits: 212
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....learned lawyer of the plaintiff made some mistakes and as such the plaint should be amended. The petitioners, who were the defendant in the above suit, by filing written objection opposed the said prayer. By order dated 30.6.2002 the learned Joint District Judge, Second Court, Dhaka allowed the ......-on-Record-For the Respondent. Civil Review Petition No. 82 of 2004. (From the judgment and order dated 12th May, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1599 of 2003). Judgment ......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 24
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....rtha Rin Adalat Ain, but in view of provision of subsection (8) of section 12 of the Artha Rin Adalat Ain, 2003 the above purchase by the auction purchaser cannot be questioned and moreover on the prayer of the writ petitioners the delivery of judgment was kept pending for long period to enable ......nior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record. Nurul Islam, Advocate-on-Record-For the Respondent No.4 Not represented- Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 524 of 2009. (From the judgment and order dated 0......there 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: ......there 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: ..Category: Civil Law | Date: | Hits: 88
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....cimal and the above finding was not reversed by the lower appellate Court and in view of the above and further since the defendant petitioner did not claim any land from the land of plot No.533 the prayer for local investigation for the second time had no basis and accordingly the trial Court wa......etitioner. Not represented- the Respondents. Civil Review Petition No. 174 of 2008 (From the judgment and order dated 3.6.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1764 of 2007). Judgment &n......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
.... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ......other inmates and security officers, in all 11 (eleven) persons, at the residence of the President at Road #32, Dhanmondi Residential Area, Dhaka. 340. Mr. Anisul Huq, the Chief Prosecutor for the respondent termed the incident of unprovocated killing of unarmed men, women and child as h...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’ ..Category: Criminal Law | Date: | Hits: 229
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