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Sena Kalyan Sangstha Vs. Bangladesh Thai Aluminum Ltd., 2005, 34 CLC (AD)
.... 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. ...... 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. ......e of Civil Procedure seeking withdrawal of the Title Suit No. 65 of 2002 and the said prayer was rejected on the ground that the award was filed by the sole Arbitrator. As against the order of the trial court rejecting the prayer for withdrawal of the suit the Respondent moved the High Court Div..Category: Alternative Dispute Resolution | Date: | Hits: 222
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
....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. ......(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. ......ting, inter alia, that the summonses were duly served upon the defendants and the Court being satisfied about the due service of summonses on the defendants decreed the suit ex parte. 4. The trial Court upon hearing the parties allowed the Miscellaneous Case, in spite of failure ..Category: Property Law | Date: | Hits: 23
M/s. Karnaphuli Traders Vs. Joint District Judge, First Artha Rin Adalat & ors, 2006, 35 CLC (AD)
....ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ...... Lawyers Involved: Giashuddin, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Petitioner. Not Represented – The Respondent. Civil Petition for leave to Appeal No. 886 of 2003. (From the judgment and order dated 12.03.2003 passed b......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ......ion summarily. The impugned order does not, therefore, call for any interference. The petition is thus dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 75. ..Category: Banking Law | Date: | Hits: 90
Kazi Ali Akber Vs. Md. Hafizuddin Ahmed and others, 2008, 37 CLC (AD)
.... 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) 793. ......tary Affairs and others, 16 BLD(AD) 110. Lawyers Involved: Amir Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to appeal No. 1163 of 2006. (From the judgment and order dated 9.3.2006 passed by ......Referred to- Mvi Md. Khurshid Alam vs. Secretary, Ministry of Law, Justice and others, 50 DLR (AD) 82; Kazi Md. Amirul Islam vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 16 BLD(AD) 110. Lawyers Involved: Amir Hossain, Advocate-on......der him and the petitioner, in collusion with the Chairman and other members of the Union Parishad, brought into existence a spurious order showing his appoint as the Nikah Registrar. The trial Court, after hearing, dismissed the suit. On appeal the learned Joint District Judge dismiss..Category: Civil Law | Date: | Hits: 81
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....of the above, we find no 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) 789.......s Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 ......of the above, we find no 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) 789.......p premises and instituted the present suit to make unlawful gain and prayed for dismissal of the suit. 4. Mr. A. J. Mohammad Ali, learned Counsel, appearing for the petitioner submitted that the trial Court recorded a clear finding that the defendant was not a defaulter in respect of payment of..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
.... the Court. 2. Facts, in brief, are that the respondent, as plaintiff, filed Title Suit No. 5 of 1995 in the Court of Subordinate Judge, 3rd Court, Dhaka seeking declaration of his leasehold right on Shop Nos. 1, 5, 9, 11 and 12 situated in the ground floor of Meherun Nessa A.C. Mark...... M. A. Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by......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: V ADC (2008) 786. ......ter hearing, allowing the appeal and made the award the Rule of the Court. 4. The learned counsel for the defendant petitioner submitted that the learned Joint District Judge found that the trial Court to the effect that defendant petitioner filed Miscellaneous Case No.34 of 1998 under se..Category: Alternative Dispute Resolution | Date: | Hits: 192
Md. Shahanur Rahaman and others Vs. Alhaj Abbas Ali Mondal, 2006, 35 CLC (AD)
....s of Mr. Bivash Chandra Biswas. In the facts and circumstances of the case, the High Court Division upon correct assessment of the evidence and materials on record arrived at a correct decision and rightly dismissed the civil revision warranting no interference by this court. Accordin......ord-For the Petitioners. Saidur Rahman, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-3. Not Represented-Respondent Nos. 4-7. Civil Petition for Leave to Appeal No. 696 of 2005. (From the judgment and order dated 29.3.2005 passed by ......tly dismissed the civil revision warranting no interference by this court. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 772. ......st the heirs of the original landlord Haji Abbas Ali Mondal and the plaintiff having learnt about the said suit instituted this false suit which is liable to be dismissed with costs. 4. The trial court framed necessary issues and on consideration of the evidence on record came to the find..Category: Property Law | Date: | Hits: 91
Tayab Ali Vs. Md. Ataur Rahman and others, 2006, 35 CLC (AD)
....; This Case is also Reported in: V ADC (2008) 768. ...... 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. ......alleging that the pre-emptor was aware of the transaction and that with an evil design pre-emptor has filed the Miscellaneous Case after lapse of 6 years making unfounded allegations. 4. The trial Court rejected the prayer for pre-emption on the finding that the Miscellaneous Case was barr..Category: Property Law | Date: | Hits: 23
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ......on-Record-For the Petitioners. Saleem Ullah, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 356 of 2005. (From the Judgment and Order dated November 28, 2004 pa......o interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 765. ...... having had got the lost papers created ante-dated bainapatra and on the basis thereof has filed the suit making untrue statements and as such the suit is liable to be dismissed. 3. The trial Court decreed the suit on the finding that signatures appearing in the bainapatra are of the ..Category: Civil Law | Date: | Hits: 74
Alhaj Md. Ruhul Amin Sarkar & another Vs. Hargram Trust Board, 2007, 36 CLC (AD)
....e suit filed by the plaintiffs is barred by res judicata, that the plaintiffs failed to establish their claim of acquiring title by adverse possession in the land in suit, that the plaintiffs have no right, title and interest in the land in suit. 9. The plaintiffs moved the High Court Division ......Syed Amirul Islam, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on- Record-For the Respondent. Civil Petition for Leave to Appeal No. 886 of 2005. (From the Judgment and Order dated May 10, 2005 passed by t......tions suit at Tk. 10,000/-. In the background of the aforesaid discussion on awarding cost at Tk. 10,000/-, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 762. ...... such are entitled to the relief sought. 8. The defendant i.e. 'Hargram Trust Board' went on appeal, Title Appeal No. 151 of 1996, and the appellate Court set aside the judgment and decree of the trial Court on the finding, that the relationship of the plaintiffs and the defendant having had b..Category: Property Law | Date: | Hits: 39
Mahmuda Haq Vs. Abdul Mannan Miah and others, 2007, 36 CLC (AD)
....ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......gust 2, 2007. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1309 of 2006. (From the Judgment and Order dated March 9, 2006 passe......ackground of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 759. ......y filed the Suit No. 42 of 1986. 5. It was the definite case of the contesting defendants that the summons were duly served upon the defendants of the Title Suit No.42 of 1986. 6. The trial Court dismissed the suit on the finding that the plaintiffs failed to prove their case i.e. n..Category: Property Law | Date: | Hits: 25
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
....e award has gone against them raised objection with regard to jurisdiction before the High Court Division in the first appeal and in the miscellaneous appeal which the High Court Division has rightly rejected. 15. On a similar situation appointment of arbitrator under Section 8 was c......Petitioner Rafique-ul Huq, Senior Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- Record-For Respondent No. 1 Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1595 of 2007. (From the judgment and order dated 03.05.2007 passed b......n is coming which cannot be entertained at this stage. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 753. ......diction and an arbitrator so appointed lacks jurisdiction inherently and hence any award passed by such arbitrator is none-est. 14. It appears that at no point of the proceeding before the trial court the petitioner raised any objection with regard to jurisdiction rather participated in ..Category: Business or Commercial Law | Date: | Hits: 129
Nur Nahar Begum Chowdhury and others Vs. Hazi Mostafizur Rahman and others, 2005, 34 CLC (AD)
....is interest to Saleha Begum, wife of the plaintiff, and that the plaintiff mutated his name and the B.S. Khatian was prepared in his name in spite of the objection of the defendant who has no right, title or possession, in the suit land, in the month of April 1978 the plaintiff was in ......ated 3.8.1987 passed in Other Suit No.175 of 1978 by the learned Assistant Judge, Sadar, Cox's Bazar decreeing the suit. 2. The respondents, as plaintiffs, instituted the above suit praying for declaration of title and also recovery of possession of .07 acres of land, being part of land o......terials on record discharged the Rule and accordingly no interference is called for. The appeal is dismissed with costs. Ed. This Case is also Reported in: V ADC (2008) 749. ...... in the suit land and that the defendant trespassed into the land of the plaintiff as has been established by report of the pleader commissioner, affirmed the judgment and decree passed by the trial court. The High Court Division considering that the impugned judgment and decree dated 21.11..Category: Property Law | Date: | Hits: 29
Shamim Beg @ Md. Shamim Beg Vs. State, 2007, 36 CLC (AD)
....ty Attorney General submits that the confessional statement of the appellant is sufficient for his conviction and in addition there is circumstantial evidence also and the High Court Division rightly maintained his conviction and sentence and dismissed the appeal. 13. From the d......out VIDEO set to one Shamim Beg (convict-appellant) and sent the deceased along with the VIDEO set to the house of the convict-appellant. The victim went there but did not return. Thereafter, the informant searched for his son but did not get any trace of him. On thorough search marks of blood n......nd as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 718. ......bmitted charge sheet in the case. The convict-appellant Shamim Beg made confessional statement before a competent Magistrate who recorded it under section 164 of the Code of Criminal Procedure. The trial court framed charge under section 302/201/34 of the Penal Code. 4. The defence pl..Category: Criminal Law | Date: | Hits: 47
Md. Dulal Mia Vs. State, 2008, 37 CLC (AD)
....in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......Mia and his mother, accused Julekha Khatoon, used to demand dowry from the deceased Hazera Khatoon. On 3.2.1997 accused Dulal Mia drove his wife, the deceased Hazera Khatoon, to her parent's house for bringing Taka 5,000/- from her father as dowry for purchasing a rickshaw. After about 3 months,......in law to interfere with the same. Accordingly, the Jail Petition and the Criminal Miscellaneous Petition are dismissed. Ed. This Case is also Reported in: V ADC (2008) 714. ......su Nirjaton (Bishes Bidhan) Ain, 1995 against accused flulal and Julekha who were respectively the husband and the mother-in-law of the deceased Hazera Khatoon. 3. At the commencement of the trial a charge under section 10(1) of Nari-O-Shisu Nirjaton (Bishes Bidhan) Ain, 1995 was framed a..Category: Criminal Law | Date: | Hits: 51
Bokkor alias Md. Bokkor Vs. State, 2008, 37 CLC (AD)
....on. It further appears that the defence took the plea of alibi but failed to establish the same by good and satisfactory evidence. 11. In view of the above findings, the High Court Division rightly found the condemned prisoner guilty for the offence charged and the defence failed bri...... sentence. These matters have beep-disposed of by the judgment and order dated 04-04-2004 passed by the High Court Division. 3. The prosecution case as has been narrated by P.W.1, the informant, that condemned-prisoner Bokkor was the husband of Rangila, the victim. About one year......h he repeated his innocence. 8. The defence case as could be gathered from the trend of cross-examination was total innocence and inter-alia case is that the victim had developed an elicit affair with Shamsul Huq and that he may have been killed by her paramour on entering into the house b......ishu Nirjatan Daman Bishesh Adalat, who framed charge against the accused-petitioner under Section 10 (1) of the said Ain and read it over to the accused on dock who pleaded not guilty and demanded trial. 6. The prosecution examined 19 Pws. including the informant, the Magistrate, who reco..Category: Criminal Law | Date: | Hits: 32
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
....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. ......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. ......e suit land described in the schedule of the plaint and also its position an advocate commissioner was appointed for local investigation who after investigation submitted report with maps and the trial court also examined the advocate commissioner. In the trial the plaintiff deposed as P.W.1 and..Category: Property Law | Date: | Hits: 32
Shahin Reza and others Vs. Abdul Hamid & others, 2006, 35 CLC (AD)
....s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......ents Judgment October 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners Subash Chandra Biswas, Advocate-on-Record-For the Respondents Civil Petition for Leave to Appeal No. 1089 of 2005. (From the judgment and order dated 26.07.2005 passed by the......s on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 682. ......d Title Suit No.35 of 1986 for Specific Performance of Contract. 4. The further case of the defendant is that he has established a silk factory upon the suit land and is in possession. 5. The trial court decreed the suit in part declaring the exparte decree dated 09.08.1990 passed in Title S..Category: Tenancy Law | Date: | Hits: 139
Sheikh Abdul Mazed Vs. Md. Shomrej Ali Mandal and others, 2006, 35 CLC (AD)
....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. ...... 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. ...... Civil Procedure with the prayer for staying the operation of the soleh (compromise) decree dated September 1, 1997 passed in Title Suit No.69 of 1997 till disposal of the plaintiffs' suit and the trial Court upon hearing the parties allowed the application so filed with the prayer for staying t..Category: Procedural Law | Date: | Hits: 58
Hazi Abdul Mannan and others Vs. Amena Begum and others, 2006, 35 CLC (AD)
....filed seeking a decree for permanent injunction. 2. It was the case of the plaintiff that the land measuring 31.51 acres originally belonged to Bhagirath Mondal and others and the record of right was prepared in their names, that Bhagirath Mondal transferred his share to Abdul Wadud and o......y 30, 2006. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 236 of 2005. (From the Judgment and Order dated March 8, 2004 passed...... not find any ground to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 676. ......Golap Dasi, that defendant No.3 transferred 2.33 acres of land on February 17,1988 to the defendant Nos.4-6 and the said defendants are in possession of the land they got by purchase. 4. The trial Court on consideration of the materials, on record arrived at the finding that the plaintiff ..Category: Property Law | Date: | Hits: 21
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