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Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)

....ted by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1426 of 2006. (From the judgment and order dated 18.10.2005 passed by the High Court Division in Civil Revision No. 2962 of 1999). Judg......ioners submits that the learned Single Judge has not properly exercised his discretion in upholding the order of the trial court in the absence of the learned Advocate of the petitioner and wrongly noticed the facts on record of the case and thereupon com­mitted and error deciding wrongly th......008. Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1426 of 2006. (From the judgment and order dated 18.10.2005 passed by..

Category: Civil Law | Date: | Hits: 94

Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)

....nior Advocate, instructed by Syed Mahbubur Raman, Advocate-on-Record-For the Respondents (In both the cases) Civil Petition for Leave to Appeal No. 878-879 of 2008. (From the judgment and order dated 16.03.2008 passed by the High Court Division in Civil Revision No.1310 of 1996 and 201 of 1995...... both the leave peti­tions are same-tenants and the respondent No.1 is the landlord. 3. The relevant facts are that the father of the petitioners was a tenant under the landlord-Bigrah and that a notice under Section 106 of the Transfer of Property Act was served on the tenant for vacating the s......e-on-Record-For the Petitioners (In both the cases) Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubur Raman, Advocate-on-Record-For the Respondents (In both the cases) Civil Petition for Leave to Appeal No. 878-879 of 2008. (From the judgment and order dated 16.03.2008 passed by ..

Category: Tenancy Law | Date: | Hits: 145

Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)

....ate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1529 of 2008. (From the judgment and order dated 17.04.2007 passed by the High Court Division in Writ Petition No.687 of 2005) Judgment ......perty and accordingly a final decree was passed and drawn up 30.05.1994 and thereafter the writ peti­tioner filed Mortgage Execution Case No.8 of 1995 for execution of the decree. Thereafter auction notice was published in "The Dainik Al Muzadded" and in "Dainik Ittefaq" inviting bid against the sa......t April 12, 2009. Lawyers Involved: M. A. Sobhan, Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1529 of 2008. (From the judgment and order dated 17.04.2007 passed by the ..

Category: Banking Law | Date: | Hits: 373

Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)

.... Md. Osman Ghani, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1209 of 2008. (From the judgment and order dated 27.04.2008 passed by the High Court Division in Civil Revision No. 2727 of 2003). Judg......t take rent when the defendants tendered the rent for the month of July, 1995 and the defendant thereafter did not pay rent and became defaulter. The plaintiff finding no other alternative served a notice upon the defendant under Section 106 of the Transfer of Property Act terminates the agreeme...... A. K. M. Shahidul Hug, Advocate-on-Record-For the Petitioners. Md. Osman Ghani, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1209 of 2008. (From the judgment and order dated 27.04.2008 passed by..

Category: Property Law | Date: | Hits: 57

Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)

.... Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-14. Civil Petition for Leave to Appeal No. 303 of 2007. (From the judgment and order dated 1.8.2006 passed by the High Court Division in F.A Nos. 274, 70 and 88 of 1995). Judgment ......mount of compensations will be required to be paid to Rustom Ali; thus having failed to established a market on the suit land in a regular way, the defendant petitioners managed to create a so called notice and enquiry under Ordinance No. XIX of 1959 and Act No. 12 of 1967 and procured the impugned ......torney General, instructed by B. Hossain, Advocate -on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-14. Civil Petition for Leave to Appeal No. 303 of 2007. (From the judgment and order dated 1.8.2006 passed by the Hi..

Category: Property Law | Date: | Hits: 25

Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)

.... Sufia Khatun, Advocate-on-Record-For Respondents No.1. Not represented-Respondent No. 2-9. Civil Petition for Leave to Appeal No. 707 of 2008. (From the judgment and order dated 15.11.2007 passed by the High Court Division in Contempt Petition No.60 of 2006.) Judg......direction given by the High Court Division in the writ Petition but the leave petitioner has been delaying the matter on this ground or that, and at his instance the High Court Division also issued notice to the Chairman of the Managing Committee of the School for reinstatement of the writ petit......ucted by Md. Aftab Hossain, advo­cate-on-Record-For the Petitioner. Sufia Khatun, Advocate-on-Record-For Respondents No.1. Not represented-Respondent No. 2-9. Civil Petition for Leave to Appeal No. 707 of 2008. (From the judgment and order dated 15.11.2007 passed by..

Category: Criminal Law | Date: | Hits: 62

Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)

....111-116, 119-120 of 2004) Not repre­sented- the Respondent (In Civil Appeal Nos. 110, 117-118, 121 of 2004) Civil Appeal Nos.107-121 of 2004. (From the judgment and Order dated June 27, 2001 passed by the High Court Division in W. P. Nos. 3408, 5120, 4862. 3415, 3413, 3......996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ petitions in the first bunch were filed impugning the notice of Rajdhani Unnayan Kartipakky (RAJUK) pub­lished in the 'Daily Ittafaq' on September 7,......inst the common judgment dated July 31, 2001 in Writ Petition Nos. 3407 and 4576 of 1996. 2. Facts of the petitions and the question of law involved being common the same have been taken up for hearing together. The writ petitions in the first bunch were filed impugning the notice of Rajd..

Category: Property Law | Date: | Hits: 41

HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)

....on-Record—For Respon­dent No. 5. None represented—Respondent Nos. 3, 4 and 6-19. Civil Petition for Leave to Appeal No.1368 of 2007. (From the judgment and order dated the 14th day of August, 2007 passed by the High Court Division in Admiralty Suit No.11 of 200...... sub­stance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......r. M Zahir, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respon­dent No. 5. None represented—Respondent Nos. 3, 4 and 6-19. Civil Petition for Leave to Appeal No.1368 of 2007. (From the judgment and order dated the 14th day of Augu..

Category: Admiralty Law or Maritime Law | Date: | Hits: 513

State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)

....€” For the Appellant. Md. Khurshid Alam Khan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Criminal Appeal No. 25 of 2006. (From the judgment and order dated 25-10-2003 passed by the High Court Division in Criminal Appeal No.1383 of 2000 with Death Ref......he High Court Division also did not consider that all omissions are not contra­dictions and in order to contradict the witness the specific part of the statements or omissions must be brought to the notice of the witness which was not done in the instant case. 15. It further appears that the Hig...... Chairman, Asma Akhtar Lipi, rebuked them over the said incident followed by an altercation between those two little boys and Lipi. Mizan and Faruque, thereafter, went to their respective homes and informed the incident to their relatives. Thereafter, the condemned prisoner Abul Kashem and the convi..

Category: Criminal Law | Date: | Hits: 53

Matiur Rahman Chowdhury Vs. Commissioner of Taxes, Dhaka, 2009, 38 CLC (AD)

....instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases)   Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 passed by the High Court Division in Reference Application Nos.120 and 121 of 2000...... the Tribunal on the date the appeal was dismissed and that the assessee-petitioner ought to have brought the fact of filing of applications for waiver from payment of the prescribed amount to the notice of the Tribunal at the time of filing of the appeals, and thus it appears that the intention......lam, Attorney General, (with Mrs. Mahfuza Begum, Assistant Attorney General) instructed by B. Hossain, Advocate-on-Record- For the Respondent (In both the cases)   Civil Petition for Leave to Appeal Nos. 816-17 of 2008. (From the judgment and order dated 23.01.2008 pass..

Category: Fiscal/Taxation Law | Date: | Hits: 89

Md. Rustam Al Khan Vs. State and others, 2009, 38 CLC (AD)

....ate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 21 of 2008. (From the judgment and order dated 13th September, 2007 passed by the High Court Division in Criminal Revision No. 514 of 2004) ......eal and set aside the judgment of the trial Court. 6.  Being aggrieved the accused-respon­dent moved the High Court Division and obtained Rule which after hearing was discharged as noticed earlier. 7. We have heard Mr. Muhammad Nawab Ali, the learned Advocate-on-Record for...... March 9, 2009. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 21 of 2008. (From the judgment and order dated 13th September, 2007 ..

Category: Criminal Law | Date: | Hits: 57

Md. Mirajul Shaikh Vs. State, 2009, 38 CLC (AD)

....lukder, Deputy Attorney General, instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 03 of 2008. (From the judgment and order dated 20.09.2007 and 23.09.2007 passed by the High Court Division in Criminal Appeal No. 4314 of 20...... peti­tioner made an extra judicial Confession to the police officer, which was record­ed in a plain paper in presence of 40/50 local men including himself, which was neither brought to the notice of the learned court nor the same was at all taken into consideration by the High Court Divi...... Siddique, Advocate-on-Record-For the Petitioner. Nazrul Islam Talukder, Deputy Attorney General, instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 03 of 2008. (From the judgment and order dated 20.09.2007 and 23.09...

Category: Criminal Law | Date: | Hits: 96

Abdul Gafur Vs. Mariom Bibi and others, 2009, 38 CLC (AD)

....Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-10. Nor represented- Respondent Nos.11-33. Civil Petition for Leave to Appeal No. 467 of 2008. (From the judgment and order dated 05.12.2007 passed by the High Court Division in Civil Revision No. 4099 of 1997) Judgm...... of fact has been affirmed by the High Court Division. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 591. ......etitioner. Syed Amirul Islam, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos.1-10. Nor represented- Respondent Nos.11-33. Civil Petition for Leave to Appeal No. 467 of 2008. (From the judgment and order dated 05.12.2007 passed by..

Category: Property Law | Date: | Hits: 25

Nasiruddin Biswas Vs. Chairman, National Board of Revenue and others, 2008, 37 CLC (AD)

....vocate-on-Record-For the Petitioners. Md. Ibrahim Khalil, Advocate-on-Record-For the Respondents. Civil Petition for Lave to Appeal No. 591 of 2007. (From the judgment and order dated 23.04.2005 passed by the High Court divi­sion in Writ Petition No. 6117 of 2002). ......and then VAT @ 15% was imposed upon the Press Section of the above Industry in place of turnover tax @ 4% and so no illegality was committed in demanding the evad­ed VAT and in fact demand vide notice dated 31.05.1999 was also issued on Nasir Biri Industries Ltd for payment of Government due......ed: Tanjib-ul-Alam, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Md. Ibrahim Khalil, Advocate-on-Record-For the Respondents. Civil Petition for Lave to Appeal No. 591 of 2007. (From the judgment and order dated 23.04.2005 passed by ..

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

Md. Amir Uddin Miah and another Vs. Dhaka City Corporation, 2008, 37 CLC (AD)

....cted by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.4. Not Represented-Respondent No. 1-3. Civil Review Petition No. 142 of 2008. (From the judgment and order dated 20.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1187 of ...... time to time with an enhancement of rent at the rate of 7%. In clause 13 of the agreement, it is further stipulated that both parties are empowered to ter­minate the tenancy with three months, notice upon each other. The petitioners invested about Tk.3, 00, 00,000/- for purchasing various a.......4. Not Represented-Respondent No. 1-3. Civil Review Petition No. 142 of 2008. (From the judgment and order dated 20.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1187 of 2008). Judgment       &nb..

Category: Business or Commercial Law | Date: | Hits: 169

Syedur Rahman Chowdhury Vs. Monowara Begum and others, 2008, 37 CLC (AD)

....ents. Civil Review Petition for leave to Appeal No. 83 of 2008.                (From the judgment and order dated the 14th day of March, 2007 passed by the Appellate  Division in Civil Appeal No.160 of ......and vendee collusively created it in the District Registrar Office to keep secrecy to avoid pre­emption and no local person has been cited as witness of the deed to maintain secrecy and that no notice of sale was given to the petitioner. 3. The pre-emptee-respondent No.1-3 contested t...... Involved: N. K. Shaha, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Review Petition for leave to Appeal No. 83 of 2008.           ..

Category: Property Law | Date: | Hits: 26

Nazmul Huda Chowdhury Vs. Janata Bank and another, 2008, 37 CLC (AD)

....rs Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1385 of 2007. (From the judgment and order dated 11th February, 2007 passed by the High Court Division in Civil Revision No.1724 of 1998). ......andoned property and the said building was occupied by different tenants including the plaintiff. The Government of Bangladesh under its power of management of abandoned properties, published auction notice for sale of the same "Mercantile Court" and the plaintiff appellant-petitioner being in need ...... December 18, 2008. Result: The petition is dismissed. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1385 of 2007. (From the judgment and order dated 11th February, 2007 pas..

Category: Property Law | Date: | Hits: 28

Md. Qamrul Islam and others Vs. Md. Abdul Wazed Miah and another, 2008, 37 CLC (AD)

....e-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.1010 of 2007. (From the judgment and order dated 15.05.2007 passed by the High Court Division in Civil Revision No.2825 of 2002). Judgm...... 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: 14 MLR (AD) (2009) 561. ......ugust 27, 2008. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.1010 of 2007. (From the judgment and order dated 15.05.2007 passed b..

Category: Property Law | Date: | Hits: 22

Noor Jahan Begum and another Vs. Golam Mostafa and others, 2009, 38 CLC (AD)

.... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1518 of 2007. (From the judgment and order dated the 7th day of August, 2007 passed by the High Court Division in Civil Revision No.1275 of 20......e find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 558. ......podents Judgment January 15, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1518 of 2007. (From the judgment and order dated the 7th day of Augus..

Category: Property Law | Date: | Hits: 25

Shahadat Hossain Mina and others Vs. Governor, Bangladesh Bank and others, 2008, 37 CLC (AD)

.... Advocate instructed by Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for leave to Appeal No.1087-90 of 2007. From The judgment and order dated 26.04.2007 passed by the High Court Division in Writ Petition No. 5962, 5963, 4893 & 4894 ......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) 554, 19 BLT (AD) (2011) 158.......ads and Highways, 8 BLT (AD) 120. Lawyers Involved: Abdul Jabber Advocate instructed by Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for leave to Appeal No.1087-90 of 2007. From The judgment and order dated 26.04.2007 passed by th..

Category: Criminal Law | Date: | Hits: 78