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Md. Mainul Islam @ Md. Mainul Islam @ Moinul alias Suja and others Vs. State, 2006, 35 CLC (AD)
....Islam @ Moinul alias Suja and seven other convict petitioners seek leave to appeal against order dated 30.03.2006 passed by the High Court Division in Criminal Appeal No. 2053 of 2005 rejecting the prayer for bail. 2. One Rafiza Bibi on 17.08.1999 lodged a First Information Report with Kot...... Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners. Not represented-Respondent. Criminal Petition for Leave to Appeal No.185 of 2006 ......h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ......h view of the matter we do not find any substance in this petition. 11. The petition is accordingly dismissed. Ed This Case is also Reported in: IV ADC (2007) 803. ..Category: Criminal Law | Date: | Hits: 44
S.M. Firoj and others Vs. State, 2006, 35 CLC (AD)
....ly that the State have no objection to transfer the case as prayed for. 3. The High Court Division after hearing the learned Deputy Attorney General made the rule absolute allowing the prayer of the accused petitioner and thus withdrew the case and transferred it to Judge of Druto Bi......tun, Advocate-on-Record-For the Petitioners. Helal Uddin Mollah, Deputy Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No.128 of 2006. (From the judgment and order dated 02.02.2006 passed by......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ......ense has substance. The impugned judgment does no contain any error at all. The petition is therefore dismissed. Ed. This Case is also Reported in: IV ADC (2007) 797. ..Category: Criminal Law | Date: | Hits: 47
Md. Sahidul @ Sahidul Hossain Hannan Vs. State, 2006, 35 CLC (AD)
....sposal of the case as previously also a number of applications have been unsuccessfully filed at the instance of accused persons one after another and that the accused petitioner himself made prayer to transfer the case from the court of Druto Bichar Tribunal, Court No. 1 alleging bias of t...... A.J. Mohammad Ali, Attorney General, (Helaluddin Mollah, Deputy Attorney General, with him) instructed by A. S. M. Khalequzzarman, Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 60 of 2006 (From the judgment and order dated 29.01.2006 passed by th......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ......nce. In view of the discussion made above we find no merit in this petition. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 794. ..Category: Criminal Law | Date: | Hits: 64
Abdul Jabbar Mondal Vs. Babar Ali Malita, 2006, 35 CLC (AD)
....or default. Subsequently the learned Advocate Mr. Saha filed an application for restoration of the aforesaid restoration application and by order dated 02.03.2005 the learned Single Bench allowed the prayer and restored the restoration application having found that the learned Advocate Mr. N.K. Sa...... Leave petition is dismissed Lawyers Involved: N. K. Saha, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 938 of 2005 (From the judgment and order dated 19.03.2005 passed by the H......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ......cord arrived at a correct decision. There is no cogent reason to interfere with the impugned judgment The Leave petition is dismissed Ed. This Case is also Reported in: IV ADC (2007) 782. ..Category: Procedural Law | Date: | Hits: 97
Abdur Rahim Vs. Government of Bangladesh, 2006, 35 CLC (AD)
.... - This petition for leave to appeal is directed against the judgment and order dated 04.05.2006 passed by a Division Bench of the High Court Division in Writ Petition No. 922 of 2006 allowing the prayer of respondent No. 11 adding her as respondent in the writ petition and also directing the re......ocate (Mustaque Ahmed, Senior Advocate with him), instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 11. Not represented-Respondent Nos. 1-10. Civil Petition for Leave to Appeal No. 688 of 2006 (From the judgment and order dated 04.05.2006 passed by t......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ......espondent No. 11 for addition of party and added her as party in the writ petition. 9. The leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 772. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Al-Haj Sanaullah, 2006, 35 CLC (AD)
....nal gazette notification has not yet been made vesting right, title with Rajuk. Therefore, final compensation money was not assessed. The High Court Division rightly rejected the writ petitioner's prayer for release of the property in favour of the petitioner as the acquired land vested absolute......31, 2006. Lawyers Involved: M.A. Azim, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 282 of 2004. (From the judgment and order dated 14.01.2002 passed by ......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. ......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
M/s. Sikder Brothers Vs. Chairman, Power Development Board, WAPDA Bhaban & ors, 2007, 36 CLC (AD)
....il Petition for Leave to Appeal No. 188 of 2007. We find that the same is out of time by 285 days. The application has been filed seeking condonation of delay. Grounds shown in support of the prayer for condonation of delay in our view are in no way can be considered sufficient and satisfac......te-on-Record-For the Petitioner (In both the cases) Asaduzzaman, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 1500 of 2006 & 188 of 2007. (From the judgment and order dated Au......or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ......or Leave to Appeal No. 1500 of 2006) and the other are barred by limitation (Civil Petition for Leave to Appeal No. 188 of 2007). Ed. This Case is also Reported in: IV ADC (2007) 767. ..Category: Alternative Dispute Resolution | Date: | Hits: 193
Janata Bank and others Vs. National Electric Company Ltd., 2007, 36 CLC (AD)
...., commissioners cannot be appointed to assess the loss after six years of the filing of the suit. The learned Subordinate Judge (now Joint District Judge) by order dated 10.6.1996 allowed the said prayer. The defendants then moved the High Court Division and obtained Rule and after hearing ......he Rule. 2. The respondent, as plaintiff, filed Money Suit No. 135 of 1990 in the Court of Subordinate Judge (now Joint District Judge), and Commercial Court No.1, Dhaka praying for decree for a sum of Tk. 25,80,14,191.00 against the defendant appellants towards compensation o......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ......of the High Court Division can not be sustained. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 764. ..Category: Business or Commercial Law | Date: | Hits: 75
Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)
.... was subsequently transferred to the 3rd Court of Senior Assistant Judge and renumbered as S.C.C. Suit No.4 of 2002; that in the said S.C.C. suit the petitioners were impleaded as defendants with a prayer for their eviction from the suit premise alleging, inter alia, that the defendants were...... Md. Joynul Abedin J Md. Siddiqullah and others.........Petitioners Vs. Sufura Khatun and others.........Respondents Judgment May 20, 2007. Civil Petition for Leave to Appeal No. 970 of 2005 (From the Judgement and order dated 05.07.2005 passed by ......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......Counsel for the petitioners in the facts and circumstances of the case. Accordingly, the application is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Property Law | Date: | Hits: 35
Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)
.... perused the materials in the petition for leave to appeal. On perusal of the order sought to be appeal we are of the view that the High Court Division has not committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. ............Respondens Judgment May 23, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-record-For the Petitioners. Not represented-Respondents. Civil Petition for Leave to Appeal No. 1666 of 2004. (From the Judgment and Order dated April 27, 2004 passe...... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ...... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ..Category: Civil Law | Date: | Hits: 102
Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)
....ramed in respect of claim of title of the plaintiff to a part of the suit land and the plaintiff also could not prove as to in which part of the suit land he was in possession and further without a prayer for partition or recovery of possession the suit is also not maintainable in its presen......awyers Involved: Rabi Shankar Chakraborty, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1658 of 2004. (From the Judgment and order dated 29th June, 2004 pass...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..Category: Civil Law | Date: | Hits: 83
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....ce since the appellate Court made the judgment in not noticing the material fact that the persons guilty of the offence as the plaintiff was found were reinstated by the authority, but refused the prayer of the plaintiff for reinstatement for no logic and on no reasonable ground. 9. ...... Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-record-For the Petitioners Md. Nawab Ali, Advocate-on-record-For the Respondent Civil Petition for Leave to Appeal No. 1475 of 2004 (From the Judgment and Order dated August 31, 2004 passe......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ......o error in making the Rule absolute and as such no interference is called for. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 646. ..Category: Employment/Service Law | Date: | Hits: 64
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
....ubstituting the heirs of the deceased, even in certain cases the filing of an application for condonation of delay may be waived as a mere formality for securing ends of justice, the order allowing prayer for substitution is quite sustainable in law. 7. In the premises above, even in the ...... 1908), Order XXII, rule (2) Substitution of heirs where the right to sue survives after death either of the plaintiff or of the defendant, even though the period of limitation expires for such substitution, application under section 5 of the Limitation Act, 1908 showing sufficient c...... 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: 12 MLR (AD) 2007, 14. ...... 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: 12 MLR (AD) 2007, 14. ..Category: Procedural Law | Date: | Hits: 75
Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)
....h was passed on 24.07.2002. The operation of the judgment was stayed for 2 weeks by an order of the Appellate Division dated 29.7.2002 but after the expiry of the stay, though the respondent made a prayer for extension of the stay the prayer was refused on 12.8.2002 and thereafter there was no s...... in Contempt Petition No.84 of 2002). Judgment Mohammad Fazlul Karim J.- Upon an application for drawing up contempt of Court, a Contempt Petition No.84 of 2002 arising out of Writ Petition No......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ..Category: Criminal Law | Date: | Hits: 47
A.F.M. Wahid Shahjahan Vs. Subordinate Judge , 3rd Court Dhaka & or, 2007, 36 CLC (AD)
....materials on record that the defendant No.1 as well as the heirs of defendant No. 3, who is said to have died on December 27,1977 before the filing of the suit, filed written objection against the prayer for attachment of the mortgage properties and therein it was stated that the defendant No.3 ......n, Advocate-on-Record- For the Respondent No. 2. Civil Petition for Leave to Appeal No. 994 of 2004 (From the Judgment and Order dated January 21, 2004 pass...... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ...... of the discussion made hereinabove we find no merit in the petition. 14. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 203. ..Category: Civil Law | Date: | Hits: 105
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....nunciated in 44 DLR 414 and 51 DLR 417. 4. As it appears the High Court Division rejected the revisional application summarily holding that in 44 DLR 414, the High Court Division refused the prayer made under the provisions of section 4 of the Alienation of Land (Distressed Circumstances)....... Lawyers Involved: M. Enayetur Rahim, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 451 of 2004. (From the judgment and order dated 21.10.2003 pass......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ......mity in the decision of the High Court Division so as to call for any interference. 8. The petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 129. ..Category: Property Law | Date: | Hits: 60
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....since the petitioners did not submit any representation to Bangladesh Batik under section 17(1) of the Bank Companies Act. The High Court Division negatived the submission of the petitioners that the prayer of the petitioners for rescheduling dated 17 February 1998 amounted to a representation under......, Advocate-on-Record—For the Respondent Nos. 1 & 2. Rokanuddin Mahmood, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record-For the Respondent No. 3. Civil Petition for Leave to Appeal No. 528 of 1999. Judgment Bimalendu Bikash Roy Choudhury J.- This petiti......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Mozzammel Haq Vs. Bangladesh and others, 1978, 7 CLC (AD)
....s not of a substantial nature to be remedied forthwith, but such duty is exercisable if the person concerned asked for the removal of such defect. When the appellant has not, it appears, made such prayer, there was no occasion for the Returning Officer to allow him, of his own motion, to re......Court passed in Writ Petition No. 18 of 1977 summarily rejecting the appellant's petition wherein he impugned the orders of the respondent Nos. 2 and 3 ejecting his nomination paper and prayed for directing respondent No. 2 to make delimitation of the wards as per notification issued on Nov......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ......e Rules, power to dismiss the appeal summarily. For the reasons stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 306. ..Category: Election Law | Date: | Hits: 114
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
....beg to withdraw the case with your honours consent and the accused may be discharged.” “I, therefore, pray that your honour would be kind enough to drop the case by allowing prayer of withdrawal.” Upon those petitions, the Magistrate passed substantially t...... analogously as a common question of law is involved in them. The question involved in these appeals is covered by the decision given by this Court in C. A. No. 56 of 1977. 2. Facts material for the disposal of these appeals are that Criminal Appeal No. 4 arises out of GR case No. 523(2)/7...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ...... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ..Category: Criminal Law | Date: | Hits: 45
Amal Kumar Moitra Vs. Md. Mashiur Rahman, 1978, 7 CLC (AD)
.... of a Single Judge of the High Court Division in Civil Rule No. 719 of 1975 setting aside the order dated April 14, 1975 of the 1st Court of Munsif, Kushtia in Title suit No. 673 of 1969 allowing the prayer for addition of the appellant as defendant No. 7 in the suit under Order I, rule 10 of the Co......ingle Judge of the High Court Division in Civil Rule No. 719 of 1975 setting aside the order dated April 14, 1975 of the 1st Court of Munsif, Kushtia in Title suit No. 673 of 1969 allowing the prayer for addition of the appellant as defendant No. 7 in the suit under Order I, rule 10 of the Code of C......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ......ly. In the result, the appeal is allowed with costs, the order of the High Court is set aside and that of the trial Court restored. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 244. ..Category: Tenancy Law | Date: | Hits: 142
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