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Md. Bazlur Mohammad Vs. Bangladesh , 2008, 37 CLC (AD)

.... A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 474 of 2007. (From the judgment and order dated 05.04.2006 passed by the High Court Division in Writ Petition No. 4487 of 2002). Judg......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: VI ADC (2009) 799. ...... Lawyers Involved: Mohammad Hossain, Advocate, instruct­ed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 474 of 2007. (From the judgment and order dated 05.04.2006 passed b..

Category: Civil Law | Date: | Hits: 100

M/S M. A Salam and Co. Vs. Islami Bank Bangladesh Limited, 2009, 38 CLC (AD)

....ul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Addition Party. Civil petition for leave to Appeal No.1287 of 2008. (From the judgment and order dated 04.06.2008 passed by the High Court Division in writ Petition No.4070 of 2008.) Judgme......er has been correctly decid­ed by the High Court Division holding that the learned Additional District Judge did not adjudicate in the matter and he only allowed certain adjournments and issued notices and subsequently he was replaced by the Joint District Judge as Artha Rin Adalat and there......ondent No. 2. Not represented-Respondent No. 1, 3, 5. Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Addition Party. Civil petition for leave to Appeal No.1287 of 2008. (From the judgment and order dated 04.06.2008 passed ..

Category: Civil Law | Date: | Hits: 109

Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)

....ted by Giasuddin Ahmed, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.2275 of 2008. (From the judgment and order dated 08.05.2008 passed by the High Court Division in Civil Revision No. 3149 of 1998.) Jud......e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. ......e and others…..........Petitioners Vs Ananda Chandra Dakua and others…….......Respondents Judgment April 20, 2009. Lawyers Involved: Lutfor Rahman Mondal, Advocate instructed by Giasuddin Ahmed, Advocate-on-Record-For the Petitioners. ..

Category: Property Law | Date: | Hits: 27

Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)

....ry Md. Zahangir, Advocate-on-Record-For Respondents No. 1. Not represented-Respondent Nos. 2-15. Civil Petition for Leave to Appeal No.1500 of 2007. (From the judgment and order dated 02.08.2007 passed by the High Court Division in Civil Revision No. 4795 of 2005). Jud...... falsely claiming that although the suit land was transferred by a deed of gift but actually it is a sale deed and as co-sharer he is enti­tled to pre-empt the suit land and by sup­pressing notice managed to obtain an ex parte judgment and order on 06.09.1999. But as a matter of fact defe......etitioners. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondents No. 1. Not represented-Respondent Nos. 2-15. Civil Petition for Leave to Appeal No.1500 of 2007. (From the judgment and order dated 02.08.2007 passed b..

Category: Property Law | Date: | Hits: 33

Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)

.... A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1185 of 2006. (From the judgment and order dated 15-03-2006 passed by the High Court Division in Civil Revision No. 4966 of 2003) Judgm......ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......; Lawyers Involved: Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1185 of 2006. (From the judgment and order dated 15-03-2006 passed b..

Category: Property Law | Date: | Hits: 27

Md. Anwar Hossain Vs. Superintendent of Police, Khulna and others, 2008, 37 CLC (AD)

....: Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 549 of 2006. (From the judgment and order dated 23.3.2006 passed by the High Court Division in Administrative Appellate Tribunal Appeal No. ......re 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: VI ADC (2009) 780. ......rs vs. Md. Sharufuddin Mollahas 54 DLR (AD) 120. Lawyers Involved: Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 549 of 2006. (From the judgment and order dated 23.3.2006 passed by..

Category: Administrative Law | Date: | Hits: 162

Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

...., instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.272 of 2006. (From the judgment and order dated the 24th and 25th of October, 2005 passed by the High Court Division in Writ Petition No.126 o......­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ......ssed. Lawyers Involved: Abdul Baset Majumder, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No.272 of 2006. (From the judgment and order dated the 24th and 25th of Octo..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)

....y Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.750 of 2006. (From the judgment and order dated the 23rd November, 2005 passed by the High Court Division in Civil Revision No.1481 of 2001)...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......nbsp;  Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.750 of 2006. (From the judgment and order dated the 23rd November, 2..

Category: Property Law | Date: | Hits: 38

Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)

....l Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-60. Civil Petition for Leave to Appeal No.1854 of 2007. (From the judgment and order dated 5.11.2007 passed by the High Court Division in Civil Revision No.3516 of 2002). Judgme......ransferred 24 decimals of land to the respondent No.3 and .40 decimals of land to the respon­dents Nos.4 and 5 and that the pre-emptors, who are the co-sharers of the case land did not get any notice of the said transfers and the pre-emptees executed the registered the kabala in collusion wi...... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-60. Civil Petition for Leave to Appeal No.1854 of 2007. (From the judgment and order dated 5.11.2007 passed by..

Category: Property Law | Date: | Hits: 23

Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)

....y Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 324 of 2006 (From the judgment and order dated 01.08.2005 passed by the High Court Division in Civil Revision No. 1283 of 2000.) Jud......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ...... Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 324 of 2006 (From the judgment and order dated 01.08.2005 passed by..

Category: Property Law | Date: | Hits: 32

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

....;           Not represented- the Respondents. Civil Petition for Leave to Appeal No. 486 of 2006 (From the judgment and order dated 9.2.2006 & 12.2.2006 passed by the High Court Division in Civil Revision No. 3714 of 200......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. ......ngir, Advocate on-Record-For the Petitioner.                Not represented- the Respondents. Civil Petition for Leave to Appeal No. 486 of 2006 (From the judgment and order dated 9.2.2006 & 12.2...

Category: Property Law | Date: | Hits: 26

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....002). Not represented-Respondent Nos. 2-23, 25-26, 28, 32, 34-40, 45, 62, 64, 67-61, 73 and 76 ( In Civil Appeal No.72 of 2002) Civil Appeal Nos. 69-72 of 2002. (From the Judgment and Order dated 17 December 2000 passed by the High Court Division in Writ Petition No. 62 of 2000 with Writ P...... কমিটির মতামত নিতে পারেন”। 11. The writ petitioners were not aware of the said order dated 27.9.98 for a long time as it was issued without giving any notice to them and other officers whose vested rights have been taken away. Having come to know o......the writ respondent Nos. 1-10 to follow the final gradation list published on 1.10.1990 (Annexure-H) relating to the writ petitioner respondents and other writ respon­dents. 2. The facts relevant for disposal of these appeals are common as detailed in those writ petitions, inter alia, that the w..

Category: Employment/Service Law | Date: | Hits: 118

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....thin 45 days with interest at the rate of 12% per annum in Civil Appeal No. 244 of 2005 and to refund the earnest money and security money deposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpai......re particularly, when treasury challan evi­dencing the renewal of their registration, was submitted with the bid The learned Attorney General further submitted that the High Court Division failed to notice clause 2.6.1 of Volume I of 4 which clear­ly provided as follows 'Information relat­ing to ......eposited, if any, with interest at the rate of 12% from the date of cancellation of contracts till realization in C. A. No. 247-250 of 2005 and to pay the unpaid bills, if any, of the writ petitioner for the work already done in accordance law. Cases Referred To- Sharping Matshjibi Samabaya Sa..

Category: Civil Law | Date: | Hits: 212

State Vs. Md. Moslemuddin, 2004, 33 CLC (AD)

....ional Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellant. Not represented-the Respondent. Criminal Appeal 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). Judgmen......cution and that S.P. was not the proper authority to sanction. The High Court Division concluded as follows:- “From the lower court record it does not appear that the learned Special Judge took notice of such a patent fact and that any sanction letter was ever produced before the learned Judge......…….......  Respondent Judgment January 19, 2004. Result: The appeal is dismissed. The Criminal Law (Amendment) Act, 1958 (Act No. XL of 1958); section 6 (5) Any trial held for taking cognizance of an offence against a government servant by the Special Judge without sancti..

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)

....nior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For 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......7 and though they, in the middle part of November, 1987, on local pressure agreed to surrender vacant possession of the suit premises but ultimately failed and so he, on 29.11.1987, served a legal notice upon the petitioners under section 106 of the Transfer of Property Act and then the petition......rd-For 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

Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)

....atun, Advocate-on-Record- For the Respondent.          Civil Petition for Leave to Appeal No. 1031of 2009. (From the judgment and order dated 7.5.2009  passed by the High Court Division in  Writ Petition No. 2775 of  20......d that the goods were restricted items under the Import policy Order 2006-2009 and accordingly the Customs authority, made endorsement in the Note Sheet that for making false declaration show cause notice under section 32 of the Customs Act, 1969 should be issued upon the respondent as on 100% ph......;  A.B. Majumder, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondent.          Civil Petition for Leave to Appeal No. 1031of 2009. (From the judgment and order dated 7.5.2009  pa..

Category: Fiscal/Taxation Law | Date: | Hits: 62

Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....vocate-on-Record-For the Respondent No.4 Not represented- Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 524 of 2009.    (From the judgment and order dated 01.02.2009 passed by the High Court Division in Writ Petition No. 7492 of 2005). Judgm...... 2005 discharging the Rule. 2. Facts, in brief, are that the petitioners filed the above writ petition calling in question the provisions section 12(3) of the Artha Rin Adalat Ain, 2003, the notice for auction sale of the properties of the petitioners published in the Daily Jugantor on 20......nior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record. Nurul Islam, Advocate-on-Record-For the Respondent No.4 Not represented- Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 524 of 2009.    (From the judgment and order dated 0..

Category: Civil Law | Date: | Hits: 88

Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)

....e instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 154  of 2009. (From the judgment and order dated 2.11.2008 passed by the High Court Division in Civil Revision No. 3989 of 2007). Judgm......uld pay the money to him within 10.11.2003 failing which the petitioner No.1 would transfer the suit land along with the building to him and petitioner No.1 having failed to repay the loan he sent notices on 20.7.2004 and 29.7.2004 requesting the petitioner No.1 to perform his part of the agreem......arch 9, 2009. Lawyers Involved: Abdus Salam Khan, Senior Advocate instructed by A.K.M. Shahidul Huq, Advocate-on-Record. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 154  of 2009. (From the judgment and order dated 2.11.2008 pas..

Category: Property Law | Date: | Hits: 28

Major Md. Bazlul Huda (Artillery) Vs. State, 2009, 38 CLC (AD)_Part One

....in Ahmed (Lancer), hereinafter referred to as Bazlul Huda, Farooque Rahman, Sultan Shahriar, Mohiuddin (Artillery) and Mohiuddin (Lancer), against the judgment and order of conviction and sentence dated 30.04.2001 passed by the High Court Division in Death Reference No.30 of 1998 along with Crim......e with the provisions of the Code and thus the requirements of Sections 87 and 88 of the Code of Criminal Procedure were satisfied and since the said accuseds remained fugitives from law, necessary notices were duly published in the newspaper, as required under Section 339B of the Code. Records ...... and another, AIR 1961 SC S.124;, State of Andhra Pradesh V. Cheemalapati Ganeswara Rao and another, AIR 1963 S.C.1850; Nurul Hoque Kazi V.State 7 BLC (AD) 52; Pratt and another V.Attorney General for Jamaica and another (1993) 4 All E.R. 768; Henfield V. Attorney General of Commonwealth of ..

Category: Criminal Law | Date: | Hits: 310

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two

....on as made in Sunday Times, Ext. X, and also Electronic evidence Material Ext Nos. 32 and 12 are taken up for consideration. 199. P.W.58, exhibited the issue of the "Sunday Times" dated 38.05.1976, which was marked as Ext X with a note of objection by the defence, stating that ......relied on the depositions of P.Ws. 11, 12, 13, 14, 18, 21, 22, 23,24, 25, 26, 27,32, 34, 39, 40, 53. 163. P.W.11, stated that he was a member of unit he on reaching at the parade ground he noticed that the parade was disorderly, that in the parade Farooque Rahman came there along with Ma......ile the white dressed persons were coming out of his office Mohiuddin (Lancer) came out from his room after them and called Huda to come nearer to him and at that time Huda told Major Dalim to wait for some time and then both of them followed Mohiuddin (Lancer) who then arranged uniforms for the..

Category: Criminal Law | Date: | Hits: 274