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AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....ted by Md. Nowab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent Nos. 2 and 3. Civil Appeal No. 229 of 2003 (From the Judgment and Order dated April 9, 2003 passed by the High Court Division in First Appeal No. 186 of 1999) Judgm......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..

Category: Property Law | Date: | Hits: 94

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

....nstructed by AKM Shahidul Huq, Advocate-on-Record—For Respon­dent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Court Division in Civil Revision No.414 of 1988 (Rangpur)/Ci......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..

Category: Property Law | Date: | Hits: 35

Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)

....oy Chowdhury, Assistant Attorney-General, instructed by S.S. Hoda, Advocate–on-Record — For the Respondent. Civil Appeal No. 25 of 1976 ( From the Judgment and Order  dated 5-7-73 passed by the High Court Division in Civil Revision Case No. 494 of 1973) Judgm......rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 36

Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)

....cted by Abdur Rab-II, Advocate-on-Record — For respondent No. 2 Not Represented - Respondent No.1. Civil Appeal No. 112 of 1977 (On Appeal from the Judgment and the Order dated 25.05.77 passed by the High Court in Writ Petition No. 336 of 1977) Judgment Mahmud......nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ..

Category: Election Law | Date: | Hits: 122

Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)

.... K A. Bakr Attorney-General, instructed by B. C. Panday, Advocate-on-Record—For the res­pondents. Civil Appeal No. 29 of 1976 (On appeal from the Judgment and the  Order dated 4th May, 1970 passed by the erstwhile High Court of East Pakistan in Writ Petition No. 127 of......g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Solicitor repre­sented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)

....           Not represented-Respondent No.3 Criminal Petition For leave to appeal No. 189 of 2006 (From the judgment and order dated 27-03-2006 passed by the High Court Division in Criminal Miscellaneous Case No. 3659 of 2003)...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 88

Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)

....ed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passed by the High Court Division in criminal Revision No.603 of 2005) ......oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this applica­tion. Accordingly, it is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)

....i. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-3 Not represented-Respondent Nos.4-6 Civil Petition for leave to Appeal No.742 of 2005 (From the Judgment and Order dated 01.03.2005 passed by the High Court Division in writ Petition No. 890 of 2003.) Judgem......yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ..

Category: Employment/Service Law | Date: | Hits: 88

Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)

.... 22 DLR 664. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant Ex-parte- Respondent Civil Appeal No.201 of 2001 (From the Judgment and Order dated July 20, 1999 passed by the High Court Division in Civil Revision No. 1825 of 1994) Ju...... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ..

Category: Trust/Waqf Law | Date: | Hits: 266

Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)

....Advocate-on-Record-For Respondent No. 1. Not represented—For the Respondent Nos. 2 &3. Civil Petition for Leave to Appeal No. 196 of 2005 (From the judgment and Order dated 20.04.2004 passed by the High Court Division in Civil Revision No. 4255 of 1997.) Orde...... The petitioners are also permitted to pre­pare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ..

Category: Property Law | Date: | Hits: 41

Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)

....gir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by the High Court Division in Civil Revision No. 1571 of 2003.) Judg......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..

Category: Property Law | Date: | Hits: 37

State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)

.... by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Criminal Appeal No.34 of 2000 (From the judgment and order dated 14-11-1999 passed by the High Court Division in Criminal Revision No.672 of 1998) Judg...... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ..

Category: Criminal Law | Date: | Hits: 90

Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

....ed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) Judgme......on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ..

Category: Banking Law | Date: | Hits: 124

Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)

....- Respondent Nos. 2-3 (In C.A. No. 32 of 1999) Not represented- Respondents (In C.A. Nos. 31 & 33 of 1999) Civil Appeal Nos. 30 and 31 of 1999 (From the judgment and order dated 1 December 1998 passed by the High Court Division in Writ Petition No.2775 of 1998 in both th......ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 103

Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ent Nos.1-4, 6-42 (In C.P. No. 1735 of 2005) Not represented- Respondent Nos.1-4, 6-45 (In C.P. No 50 of 2006) For Leave to Appeal No.1735 of 2005 (From the Judgment and order dated 31.08.2005 passed by the High Court Division in Writ Petition No. 3941 of 2002.) And ......ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..

Category: Property Law | Date: | Hits: 31

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...... an in­strument executed abroad is not stamped by the Treasury within three months after it has been first received in Bangladesh it can still be stamped after three months, but that will be done in breach of sec­tion 18 and thereby the penal provision of section 35 will be attracted. The relevant..

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......ot put up any contest to the amended prayer of the plaintiffs in the appeal having noticed the plaintiffs' move, which in the course of hearing has been described by her learned counsel" as an act of breach of faith", herself came up with a prayer for leave to appeal against the same judgement as a ..

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