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Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....ity 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: VI ADC (2009) 763. ......bsp; Md. Tafazzul Islam J.- This petition for leave to appeal, at the instance of the defendant/petitioner, is directed against the judgment and ..Category: Property Law | Date: | Hits: 26
Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)
....ound no merit in the submissions of the learned Advocate for the appellants. Accordingly, the appeal in dismissed. Ed. This Case is also Reported in: VI ADC (2009) 760, VIII ADC (2011) 350. ......01 (From the judgment and order dated the 8th day of November, 1998 passed by the High Court Division in Civil Revision No. 147 of 1995). Judgment Mohammad Fazlul Karim J.- This Appeal, by leave, is directed against the judgment and order dated 03.11.1998 passed by the High Court Division..Category: Property Law | Date: | Hits: 31
Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)
.... equality before law should not be interpreted in its absolute sense to hold that all persons are equal in all respects disregarding different conditions and circumstances in which they are placed or special quality and characteristic which some of them may possess but which are lacking in other...... and Order dated 17 December 2000 passed by the High Court Division in Writ Petition No. 62 of 2000 with Writ Petition No. 5362 of 2000). Judgment Mohammad Fazlul Karim J.- All these appeals by leave arose out of the same and single judgment and order of the High Court Division making the ru..Category: Employment/Service Law | Date: | Hits: 118
Category: Civil Law | Date: | Hits: 212
State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)
....iew of above position we find no reason to interfere with the judgment and order passed by the High Court Division and accordingly the appeal is dismissed. This Case is also Reported in:I ADC 545. ......al No. 27 of 1997. (From the judgment and order dated 28 June 1995 passed by the High Court Division in Criminal Appeal No.2013 of 1992). Judgment Md. Tafazzul Islam J.-This appeal by way of leave at the instance of the State is against the judgment and order dated 28.6.1995 passed by the H..Category: Criminal Law | Date: | Hits: 63
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......or the Respondents (In all the cases) Civil Review Petition Nos. 110-116 of 2008. (From the judgment and order dated 5.6.2008 passed by the Appellate Division in Civil Petition for leave to Appeal Nos.1630-1636 of 2007). Judgment  ..Category: Property Law | Date: | Hits: 48
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 24
Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)
....reparation of paper book is dispensed with as prayed for. The order of stay granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: ...... High Court Division in Writ Petition No. 2775 of 2009. Order Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 7.5.2009 of the High Court D..Category: Fiscal/Taxation Law | Date: | Hits: 62
Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....there 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: .......02.2009 passed by the High Court Division in Writ Petition No. 7492 of 2005). Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 1.2.2009 of the High Court Divisio..Category: Civil Law | Date: | Hits: 88
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....ns and so there 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: ......07). Judgment Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 2.11.2008 of the High Court Divisi..Category: Property Law | Date: | Hits: 28
Lakshmi Rani Roy being dead her heirs Naru Gopal Roy Vs. Md. Abdur Rahman, 2009, 38 CLC (AD)
....esent review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. This Case is also Reported in: ......late Court, upon misconception of law and fact, reversed the judgment and decree of the trial Court. 3. It further appears the present review petition has been filed seeking rehearing of the leave petition which is not permissible in law. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 35
Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One
....hich was not done in the present appeals; the opinion of the third judge is also in no way a concurrent opinion in respect of the appellants Faruque Rahman, Sultan Shahriar and Mohiuddin(Artillery) specially when the first learned judge disbelieved their confessional statements while the second ......Petition No. 03 of 2000. Judgement Md. Tafazzul Islam J.- The above appeals, by leave, have been preferred by the appellants (1) Major (Retd) Md. Bazlul Huda (2) Lt. Col. (Dismiss..Category: Criminal Law | Date: | Hits: 310
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two
.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ......ted plan of conspiracy. Major Rashid as the records show is also a close relation of Khondker Mostaqe Ahmed. Records also show that Lt. Col. Momen, the Commanding officer of 1st Lancer Unit was on leave up to 15th August and Farooque Rahman, as 2.I.C of the said unit by utilizing the absence of ..Category: Criminal Law | Date: | Hits: 274
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three
....cases of the 6(six) condemned prisoners over whom the judges of the Division Bench are equally divided. 378. Mr. Azmalul Hossain, the learned Advocate appearing for the respondent-State as special prosecutor has referred to us Chapter XXVII of the Cr.P.C. which contains the provisions in......ieved with the judgment and order dated 30.04.2001 passed by the High Court Division accepting the death reference and dismissing their respective appeals preferred separate criminal petitions for leave to appeal against the judgment and order of the third learned Judge of the High Court Divisio..Category: Criminal Law | Date: | Hits: 229
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four
....(1999) 1 SCC 315 observed as follows: “It is the third Judge whose opinion matters; against the judgment that follows therefrom that an appeal lies to this Court by way of special leave petition under Article 136 of the Constitution or under Article 134 of the Constitut......1 SCC 315 observed as follows: “It is the third Judge whose opinion matters; against the judgment that follows therefrom that an appeal lies to this Court by way of special leave petition under Article 136 of the Constitution or under Article 134 of the Constitution or..Category: Criminal Law | Date: | Hits: 208
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five
....he ordinary tribunals.” “(3) There remains yet a third and a different sense in which the ‘rule of law’ or the predominance of the legal spirit may be described as a special attribute of English institutions. We may say that the Constitution is pervaded by the rul......r Dalim delivered speeches for toppling the Government and as per their direction, they took ammunition with them. The testimony of this witness was not challenged by the defence in any manner. ..Category: Criminal Law | Date: | Hits: 228
Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six
....s not confer a right of appeal on any party from a judgment and order passed by the High Court Division, it merely clothes this Court with discretionary power to scrutinize and go into evidence in special circumstances in order to satisfy itself that substantial and grave injustice has been done......en used in this clause of the Article as has been used in the corresponding Indian provision, (Article 136) but in view of the powers given to this Court to exercise the jurisdiction, if it grants leave from the judgment, order or sentence manifestly suggest that this power is discretionary one...Category: Criminal Law | Date: | Hits: 291
Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)
....High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ......gh Court Division in Civil Revision No.7556 heard along with Civil Revision Nos.7557 and 7558 of 1991). Judgment Md. Ruhul Amin J.- These appeals by the defendants of the respective suits, by leave, are against the judgment dated April 9, 1997 in Civil Revision No.7556 (heard along with Civi..Category: Tenancy Law | Date: | Hits: 176
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......gh Court Division in Civil Revision No.2862 of 1995.) Judgment MM Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 15.06.2002 passed by a Single Benc..Category: Property Law | Date: | Hits: 22
Dira Dockyard and Engineers Ltd. & ors Vs. Bangladesh Shilpa Rin Sangstha & ors, 1994, 23 CLC (AD)
....has been granted or any person liable for payment of that loan fails to repay the loan by the due date or in compliance with the notice under Article 32, an officer of the Sangstha generally or specially authorised by the Board in this behalf, may apply to the District Judge within the local...... Civil Appeal Nos. 64 and 65 of 1989. Judgment ATM Afzal J.- These two appeals by leave taken up together for consideration arise out of a proceeding under Article 33 of the Bangla&..Category: Business or Commercial Law | Date: | Hits: 311