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....ss due to shortage of supply of gas and accordingly not in a position to deposit the 2nd installment of Tk. 15,00,000/- by 20.4.2003 prayed for further time but the High Court Division, rejecting the prayer for time, vacated the order of stay holding that because of the default of the petitioner, th......te, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner.
Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-3.
Not represented–Respondent No. 4.
Civil Petition for Leave to Appeal No. 861 of 2007.
(From the judgment and order dated 17.5.2007 passed by the ......illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
......illegality or infirmity in the decision of the High Court Division so as to call for any interference.
The petition is dismissed.
Ed.
This Case is also Reported in: 14 MLR (AD) (2009) 40.
..
Category: Civil Law | Date: | Hits: 120
Government of Bangladesh Vs. Sultan Ahmed and ors., 2006, 35 CLC (AD)
....uit for declaration of title and for recovery of khas possession. 4. After the filing of the suit an application seeking injunction was filed and the defendants contested the said prayer of injunction by filing written objection stating, inter alia, that the land in suit includi......Advocate-on-Record—For the Petitioners. Md. Aftab Hossain, Advocate-on-record—For the Respondent No. 1. Not represented—Respondent Nos. 2-18. Civil Petition for Leave to Appeal No. 268 of 2005. (From the Judgment and Order dated March 30, 2004 passe......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ......nd of the discussions made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 47. ..Category: Property Law | Date: | Hits: 25
Daliluddin Sheikh and others Vs. Alek Sheikh alias Abdul Malek Sheikh and others, 2008, 37 CLC (AD)
....Kha' ad 'Ga' schedule attached to the plaint. The plaintiffs further prayed for declaration of title, confirmation of possession and partition of the land of 'Kha' and 'Ga' schedule along with the prayer for partition of the land of 'Ka' schedule. 21. The learned Advocate-on-Record sub&sh...... Abdul Wadud Bhuiyan, Senior Advocate, instructed by Abdul Kashem, Advocate-on-Record—For the Respondent Nos. 1-2. Not Represented—Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 621 of 2007. (From the Judgment and Order dated December 11, 2006 pa......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ......e hereinbefore we find no substance in the petition for leave to appeal. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 32. ..Category: Property Law | Date: | Hits: 32
Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)
....e date when the auction-sale was set aside on 16-6-1969 by the Board of Revenue, the suit was hit by section 42 of the Specific Relief Act as the plaintiff-respondent No.1 failed to make a further prayer for setting aside the said order dated 16-6-1969 by which the Board of Revenue set aside the......passed by the appellate Court below and affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land whi......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ..Category: Property Law | Date: | Hits: 42
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....ted the plea of recounting of ballot papers 4. The trial Court on consideration of the evidence including the facts and circumstances of the case by judgment and order dated 24.07.2005 allowed the prayer for recounting of ballot papers on depositing Tk. 300.00 by the election petitioner. 5.&nb......0, 2008. Lawyers Involved: Md. Khurshid Alam Khan, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 1565 of 2007. Judgment Mohammad Fazlul Karim J.- This petition for Lea......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ......above, we find no substance in the submission of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 241. ..Category: Election Law | Date: | Hits: 159
Md. Miah Raja and others Vs. Md. Ijab Uddin and others, 2008, 37 CLC (AD)
....05 of 1998. An application for staying the operation of the said compromise decree was also filed under the said suit. But the learned Assistant Judge by its order dated 5.6.2004 rejected the prayer for stay. 3. Being aggrieved the petitioners filed Civil Revision No.12 of 2004 befor......008. Lawyers Involved: Shah Miron Alam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1184 of 2007. (From the judgment and order dated 29.5.2007 passed by......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ......correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 878. ..Category: Property Law | Date: | Hits: 22
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....wledge of defendant No. 2. 7. The trial court dismissed the suit on appeal the judgment of the trial court was set aside and the suit was sent back on remand to amend the plaint with prayer for recovery of khas possession in respect of 11 decimals of land from which the plaintiff w...... Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-43. Civil Petition for Leave to Appeal No. 1642 of 2007. (From the judgment and order dated 29.05.2007 passed b......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ..Category: Property Law | Date: | Hits: 28
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
....peal being No. 106 of 1991 against the judgment and decree passed in Suit No. 25 of 1990 is pending and as such the Miscellaneous Case is liable to dismissed. 5. The trial Court allowed the prayer for pre-emption. On appeal the appellate Court set aside the judgment and order of the...... Judgment August 22, 2006. Lawyers Involved: Nurul Islam Bhuiyan Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 717 of 2005. (From the judgment and order dated February 16, 2...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ..Category: Property Law | Date: | Hits: 19
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
....the office of the Additional Deputy Commissioner (L.A.) Dhaka a Joint Secretary of the Ministry of Land Administration upon hearing the writ-petitioner-Respondents by a detail report dispose of the prayer for release upon observing that the matter being complicated one the writ-petitioner-Respon...... arising of Writ Petition Nos.1170,1171 and 1172 of 1995, rejecting the review petitions. The review petitions were filed against the judgment dated June 10, 1996 making the Rules obtained in the aforementioned writ petitions absolute and thereupon declaring that the land measuring 29.99 acres w...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ...... aside and consequent thereupon the judgment dated June 10, 1996 passed in Writ Petition Nos. 1170-1172 of 1995 is set aside. Ed. This Case is also Reported in: V ADC (2008) 826. ..Category: Property Law | Date: | Hits: 56
Faroque Ahmed Vs. Sub. Judge, 2nd Court & Artha Rin Adalat No. 1, Rangpur & ors , 2006, 35 CLC (AD)
.... 3.2.86 after the summons was served upon her are questions of fact and so those cannot be decided in writ jurisdiction and furthermore the question whether refusal of the prayer for recording an order abatement by the impugned order is a valid order or not are to be dec....... Lawyers Involved: M. Enayetur Rahman, Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record - For the Petitioner Not Represented - Respondents Civil Petition for Leave to Appeal No. 885 of 2004 (From the judgment and order dated 25.4.2004 passed by t......he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ......he correct proposition of law discharged the Rule and so no interfere is called for. The petition is dismissed. Ed. This Case is also Referred In: 2007 (XV) BLT (AD) 236. ..Category: Civil Law | Date: | Hits: 78
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....ice on 5.12.1999 and for exempting him from filing the decree of the trial Court he filed a petition on 6.12.1999. 8. The application so filed was listed for hearing on 4.1.2000 and on the prayer of the petitioner the hearing of the .application was adjourned for two weeks and thereafter......1999). Judgment Md. Ruhul Amin J. - This is a defendant's appeal, by leave, against the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which was filed against the judgment and or......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....in turn was sent to the Ministry of Establishment but by communication dated 5.7.1998 made to the Registrar of the Supreme Court of Bangladesh the Ministry of Establishment refused to accede to the prayer of the P.A.-Cum-Stenographers of the Supreme Court of Bangladesh; the Deputy Registrar of t......oyees of his cadre and grade in the Supreme Court of Bangladesh and those in the Ministry were given pay scale of Tk. 1475-3150/- with effect from 01.06.1991 and the scale of pay was enhanced both for the employees of the Supreme Court and those in the Secretariat to Tk.2250/- with effect from 1......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ..Category: Employment/Service Law | Date: | Hits: 104
Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)
....r before the High Court Division filed Arbitration Miscellaneous Case No. 645 of 1994 before the 3rd Court of Subordinate Judge impleading the opposite party in the revisional application with the prayer for appointment of sole Arbitrator and the parties to the Miscellaneous case mutually having...... July 30, 2005. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-record - For the Petitioner. Abu Siddique, Advocate-on-record - For the Respondent. Civil Petition for leave to Appeal Nos. 1563 of 2003. (From the judgment dated July 14, 2003 passed by the ...... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ...... of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 172. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....o-Ordination) Ordinance, 1986. We may mention here that we cannot accept the argument of the learned Advocate that a Pesh Imam has supervisory and managerial functions because he only leads the prayer in a Mosque. As we have found that the petitioner will fall within the cate......r. Md. Aftab Hossain, Advocate-on-Record - For Respondent No. 1. Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented - For Respondent No. 2. Civil Petition for Leave to Appeal No. 608 of 2002 (From the judgment and order dated 14.1.2002 passed by t......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ..Category: Labour and Industrial Law | Date: | Hits: 77
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
.... lower Court on the findings that there was no factual basis for the Court of Subordinate Judge to place reliance on the submission made from the side of the defendant-petitioners in support of the prayer for setting aside the ex parte decree, that there is total absence of finding that summonses......(From the judgment and order of April 12, 1999 of the High Court Division in Civil Revision No. 915 of 1997). Judgment Md. Ruhul Amin J. - Delay is condoned. This petition for leave to appeal has been filed against the judgment and order of April 12, 1999 of a Division B......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ..Category: Property Law | Date: | Hits: 23
Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....ary 2, 1985 and became sure that opposite party Nos. 2-5 had transferred the property shown in the schedule to opposite party No. 1 beyond the knowledge of the pre-emptor. 3. The prayer for pre-emption was opposed by the opposite party No. 1 alleging that the pre-emptor was awa...... the Petitioners Mahbubey Alam, Senior Advocate, instructed by Ahsanullah Patwary Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-16. Civil Petition for Leave to Appeal No. 1113 of 2005. (From the Judgment and Order dated July 5, 2005 passed......; This Case is also Reported in: V ADC (2008) 768. ......; This Case is also Reported in: V ADC (2008) 768. ..Category: Property Law | Date: | Hits: 23
Shaymol Mitra Borua Vs. Bangladesh Government and others, 2008, 37 CLC (AD)
....ent of Bangladesh or the relevant Secretary to represent the Government praying for setting aside the order of removal from service and the order of rejecting the departmental appeal with a further prayer for reinstating him in service with full financial benefits. 3. The respondents ......s Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 1132 of 2006. (From the judgment and order dated 5th July, 2006 pass......o substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ......o substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 642. ..Category: Administrative Law | Date: | Hits: 89
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....a 'Salami' of Tk. 400/- and also delivered possession of the same to them; under the State Acquisition and Tenancy Act, 1950 the suit land, along with other land vested in the government, then on the prayer of Md. Habib and others the suit land was derequisitioned and vide Order No.27.6.1963 passe......gment August 24, 2006. Result: The petition is dismissed. Lawyers Involved: N.H. Khandker, Advocate-on-Record-For the Petitioner. Not represented- the Respondents Civil Petition for Leave to Appeal No. 826 of 2005. (From the judgment and order dated 25.5.2005 passed by the H......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ......any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 690. ..Category: Property Law | Date: | Hits: 32
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....tiffs. 3. The defendant entered appearance and filed written statement. At one stage of the suit the plaintiffs filed an application under section 151 of the Code of Civil Procedure with the prayer for staying the operation of the soleh (compromise) decree dated September 1, 1997 passed i...... Judgment July 9, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1133 of 2005. (From the Judgment and Order dated May 7, 2005 passed ......d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ......d by the courts below and consequent thereupon there was no failure of justice. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 680. ..Category: Procedural Law | Date: | Hits: 58
Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)
....t the deed of exchange in question was an out and out deed of sale. The plaintiff got amended the plaint by a judgment dated 22nd August, 1995 passed in Civil Revision No. 1677 of 1990 and added a prayer for decree for pre-emption in the suit property. &n......he Petitioner. Mahmudul Islam, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 412 of 2007. (From the judgment and order dated 03.08.2006 passed by......n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ......n correct assessment of the materials on record arrived at a correct decision. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 665. ..Category: Property Law | Date: | Hits: 19
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