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Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

....;   A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent No. 2. Civil Appeal No. 68 of 2002 (From the Judgment and Order dated May 10, 1998 passed by the High Court Division in Civil Order No.3451 of 1998) Judgmen......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..

Category: Property Law | Date: | Hits: 28

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

....t any time. Even if the power of attorney was bad the mischief of the provisions of Order VII rule 11 (a) or (d) CPC is not attracted and the proper course for the learned SCC Judge was to set a next date for the plaintiff to take steps for rectification of the errors in respect of appointment of th......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..

Category: Property Law | Date: | Hits: 118

Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)

....rds, election held in two wards only. The statement in Form 'K' from the Presiding Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elect......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..

Category: Election Law | Date: | Hits: 126

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....al No. 72 of 1989). Not represented — Respondent No. 6 (In Civil Appeal. No. 72 of 1989). Civil Appeal No. 68 of 1989 with Civil Appeal No. 72 of 1989. (From the Judgment and decree dated 16.2.89 passed by the High Court Division, Dhaka in First Ap­peal No. 46 of 1988). Judgmen......e 16.11.71 and hence presumed to be dead. Naser was a Non-Bengali domiciled in erst­while East Pakistan after the creation of Pakistan in 1947 and had been living with the plaintiff No.1 af­ter his marriage with her on 16.1.1963 at 43, Rankin Street, PS Sutrapur, Dhaka. After the 25th March, 1971,..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

....Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For Re­spondent Nos. 1-9 Ex-parte—Respondent No.10 (State) Civil Appeal No. 87 of 1985. (From the Judgment and Decree dated 3.12.84 passed by High Court Division, Chittagong Bench, in First Appeal No. 46 of 1977). J...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..

Category: Property Law | Date: | Hits: 50

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

....For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property described in schedule 'A' and (c) for declaration that the deed No. 16157 dated 27.10.1969 in favour of Ali Ahmed Khandker and the deed No. 16158 dated 27.10.1969 in favour o......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

....s against the judgment and decree passed by a Single Bench of the High Court Division in Civil Revision No. 2170 of 1998 on 7.12.1998 discharging the Rule thereby affirming the judgment and decree dated 16.11.1997 in Title Appeal No. 25 of 1997 passed by the learned Additional District Judge, 2n......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..

Category: Property Law | Date: | Hits: 40

K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

....nbsp;                 Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 2.7.2003 passed by the High Court Division in Writ Petition No. 193 of 2002 discharging the R...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..

Category: Employment/Service Law | Date: | Hits: 82

M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)

.... Hossain, Advocate-on-Record— For the Petitioner. B. Hossain, Advocate-on-Record — For the Re­spondent. Criminal Petition for Leave to Appeal No. 59 of 1989 (From the Judgment and order dated 29.5.1989 passed by the High Court Division, Jessore Bench in Criminal Appeal No. 13 of 1989).......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The pe­tition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..

Category: Criminal Law | Date: | Hits: 55

Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)

....Huq Chowdhury, Senior Advocate, in­structed by Shamsul Haque Siddique, Advocate- on-Record—For the Respondent. Civil Petition For Leave to Appeal No. 13 of 1990. (From the Judgment and Order dated 14-11-89 passed by the High Court Division, Dhaka in Writ Petition No. 1701 of 1988). Judgm...... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..

Category: Criminal Law | Date: | Hits: 53

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

....                   M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference No. 31 of......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....nt:                   Md. Ruhul Amin J.- The appeal by the defendant by leave is directed against the judgment dated December 3, 1998 of a Single Bench of the High Court Division in Civil Revision No.2824 of 19......g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 38

State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)

....gment:                   M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 03.06.1999 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Ca......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 74

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....bsp;                 Mohammad Fazlul Karim J. – The petitioners seek leave to appeal against the judgment and order dated 11.08.2002 passed in Civil Revision No. 1670 of 1995 making the rule absolute setting aside t......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..

Category: Property Law | Date: | Hits: 41

Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)

....ppeal No. 1812 of 2002 Judgment           Md. Fazlul Karim J.-  The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88 of 1998 al......f the above, we do not find any cogent reason to interfere with the im­pugned judgment and decree of the High Court Division. The petition is, accordingly, dis­missed. Ed. ..

Category: Employment/Service Law | Date: | Hits: 136

A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)

....          M. M. Ruhul Amin, J.- Delay of 1 day is condoned. 2. This petition for leave to appeal is di­rected against the judgment and order dated 14.03.2005 passed by a Division Bench of the High Court Division in Writ Petition No. 3465 of...... book is dispensed with as prayed for. The petitioner is permitted to add ad­ditional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..

Category: Employment/Service Law | Date: | Hits: 91

Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)

....es) Civil Petition for Leave to Appeal Nos. 1049 with 1434 of 2004 Judgment MM Ruhul Amin J.- Civil Petition for leave to appeal No. 1049 of 2004 is directed against the judgment and order dated 30.06.2001 passed by a Single Bench of the High Court Division in Company Matter No. 109 of 20......the materials on record arrived at a correct decision and there is no cogent reason to in­terfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ..

Category: Business or Commercial Law | Date: | Hits: 109

Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)

....ppellant Syed Mahbubur Rahman, Advocate-on-Record- For Respondent Nos 1-3 Not represented- Respondent Nos. 4-7 Civil Appeal No. 288 of 2002 (From the judgment and order dated 15.01.2001 passed by the High Court Division in Civil Revision No. 1635 of 1995.) Judg......xed by the trial court. The trial court thereafter would dispose of the suit in accor­dance with law. The appeal is accordingly allowed with­out any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 31

Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)

.... Shahidul Huq, Advocate-on-record- For Respondent No. 1 Not represented- Respondent Nos. 2-12 Civil Petition for Leave to Appeal No. 969 of 2005 (From the Judgment and Order dated March 12, 2005 passed by the High Court Division in Civil Revision No. 4297 of 1997) J...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 24