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Mohammad Akbar Chowdhury Vs. Khalilur Rahman and others, 2009, 38 CLC (AD)

....d-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1393 of 2006. (From the judgment and order dated 28.11.2005 passed by the High Court Division in Civil Revision No.6562 of 2001.) Judg......f his residential house in plot No. 12754. The petitioner came to learn from opposite party No.1, on 10.01.1997 for the first time that he purchased 12 decimals of land from case plot No.12753. No notice under Section 89 of the State Acquisition and Tenancy Act, 1950 was served on him and he (pr......ammad Abul Bashar, Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner (Appeared with the leave of the Court). Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1393 of 2006. (From the judgment and order dated 28.11.2005 passed ..

Category: Property Law | Date: | Hits: 25

Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)

....ord-For the Petitioners (In both cases). Not represented- the Respondents (In both cases). Civil Petition for Leave to Appeal Nos. 318-19 of 2007. (From the judgment and order dated 5.11.2006 passed by the High Court Division in Writ Petition Nos.5397 & 5902 of 2005). ......ad of remaining as the tenants of the two Trade Unions became tenants of the Government which infuriated the respondent Nos.2, 4 and 5 and then the respondent No.5, on 1.6.2004, without issuing any notice, did put the shops of the petitioners under lock and key and while the petitioners were try&...... Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners (In both cases). Not represented- the Respondents (In both cases). Civil Petition for Leave to Appeal Nos. 318-19 of 2007. (From the judgment and order dated 5.11.2006 passe..

Category: Civil Law | Date: | Hits: 84

Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)

....nstructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Review Petition No. 122 of 2008. (From the judgment and order dated 29.05.2008 passed by this Division in Civil Petition for Leave to Appeal No.1642 of 2007. ......ew of the judgment passed by this Court. We find no merit in this review peti­tion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ......e Petitioners. Not represented- the Respondents. Civil Review Petition No. 122 of 2008. (From the judgment and order dated 29.05.2008 passed by this Division in Civil Petition for Leave to Appeal No.1642 of 2007. Judgment       &nb..

Category: Property Law | Date: | Hits: 28

Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)

....instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Civil Petition for Leave to Appeal No.753 of 2006. (From the judgment and decree dated 25.10.2005 passed by the High Court Division in Civil Revision No. 1120 of 1995.) Jud......of the office of defendant No.2 although the plaintiff or his father never defaulted in paying rent and the defendant No.2 in collusion with defendant No.1 illegally started certificate case and no notice under Section 7 was issued either in the name of plaintiffs or their predecessor and secretl...... 7, 2008. Lawyers Involved: Abul Kalam Mainuddin, Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Civil Petition for Leave to Appeal No.753 of 2006. (From the judgment and decree dated 25.10.2005 passed b..

Category: Property Law | Date: | Hits: 26

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

.... Aftab Hossain, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 315 of 2005. (From the judgment and order dated 01.11.2004 passed by the High Court Division in Writ Petition No.410 of 1999) Judgment......merica and other organizations are situated and the Embassy of Saudi Arabia and America already informed and brought the acts of unsocial activities which were taking place in those Basties to the notice of the RAJUK and one Member of the Parliament namely, Mr. M. A. Hashem, who wrote a letter t......titioner. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 315 of 2005. (From the judgment and order dated 01.11.2004 passed by..

Category: Property Law | Date: | Hits: 28

Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)

.... Shahidul Huq, Advocate-on-record- For the Appellant. Ex-party- the Respondents.        Civil Appeal No. 75 of 1999. (From the judgment and order dated 28.10.1998 passed by the High Court Division in First Miscellaneous Appeal No.613 of 1991.) ...... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ......rt Division in First Miscellaneous Appeal No. 613 of 1991. 2. The appellant instituted Title Suit No.153 of 1982 in the Court of Subordinate Judge (now Joint District Judge) 1st Court, Dhaka for specific performance of contract. The above Court having found that the summons of the above su..

Category: Civil Law | Date: | Hits: 71

Abdul Khaleque Vs. Abdul Noor and others, 2005, 34 CLC (AD)

....s by the pre-emptor, by leave, is against the judgment of February 22, 1995 of the High Court Division in Civil Revision No.630 of 1981 discharging the Rule obtained against the judgment and order dated May 30, 1979 of the 1st Court of Subordinate Judge, (now Joint District Judge), Sylhet, in Mi......Act, 1949 in respect of the sale which took place on 5.11.1969 claming him to be a co-sharer of the land so transferred alleging that the purchaser is a stranger. It was also the contention that no notice of the sale was served upon the pre-emptor. It was the pre-emptor's claim that the land so t......the sale was served upon the pre-emptor. It was the pre-emptor's claim that the land so transferred to the pre-emptee is homestead with adjuncts not connected with agriculture. 2. The prayer for pre-emption was contested primarily on the ground that the Miscellaneous case filed under secti..

Category: Property Law | Date: | Hits: 30

Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)

....da Begum, Advocate-on-Record- For Respondent No. 3. Not represented- Respondent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 419 of 2007. (From the judgment and order dated 13.02.2007 passed by the High Court Division in Civil Revision No. 4941 of 1998). Jud......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ...... Islam Bhuiya, Advocate-on-Record- For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- For Respondent No. 3. Not represented- Respondent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 419 of 2007. (From the judgment and order dated 13.02.2007 passed by..

Category: Civil Law | Date: | Hits: 85

Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)

...., Senior Advocate, instructed by Serajur Rahman Advocate-on-record- For Respondent No.1. Not represented-For the Respondent No.2. Civil Appeal No.1 of 1999. (From the judgment dated November 3, 1991 passed by the High Court Division in Writ Petition No. 448 of 1988) ......rdinance No.54 of 1985 were not fulfilled and as such listing of the property as abandoned property was not legal, that from the Respondents' side, herein appellants it has not been stated that the notice was served on the claimant of the property or on the vendor of the claimant of the property ......missed the case and thereupon declared that the property in question is an abandoned property and the listing thereof is quite legal. 3. The case of the Respondent No.1, who was petitioner before the Court of Settlement, was that property in question was allotted on 24.8.1957 to Sahera Kha..

Category: Property Law | Date: | Hits: 29

Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)

....im) instructed by Nawab Ali, Advocate-on-record-For Respondent No.1. Not represented- Respondent Nos.2-3. Civil Petition for Leave to Appeal No.498 of 2005. (From the judgment dated March 16, 2005 of the High Court Division in Writ Petition No.7981 of 2002) Judgment ......n Special Duty by office order dated November 17, 2001 and  while he was performing his duty in the Head Office by the Memo dated December 15, 2001 he was placed under suspension and show cause notice was served on April 17, 2002 with the direction to make his reply, if any, to the allegation......ul Wadud Bhuiyan, Senior Advocate (A. K. Ali, Advocate with him) instructed by Nawab Ali, Advocate-on-record-For Respondent No.1. Not represented- Respondent Nos.2-3. Civil Petition for Leave to Appeal No.498 of 2005. (From the judgment dated March 16, 2005 of the High Cour..

Category: Employment/Service Law | Date: | Hits: 408

Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)

....007. Judgment              Md. Ruhul Amin CJ. - This petition for leave to appeal is directed against the judgment and order dated June 5, 2007 of the Administrative Appellate Tribunal, Dhaka in Administrative Appellate Tri......that he was serving as Senior Officer of the Janata Bank at K.D. Ghosh Road Branch, Khulna and a departmental proceeding was drawn against him by framing charge and he was served with a show cause notice and in reply to that he denied the allegations made in the show cause notice, that an inquir......Mahabubar Rahman, Advocate-on-record- For the Petitioner. Md. Aftab Hossain, Advocate-on-record-For Respondent No.1 Not represented- Respondent Nos. 2 & 3. Civil Petition for Leave to Appeal No. 1182 of 2007. Judgment       &nb..

Category: Administrative Law | Date: | Hits: 96

Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)

..... 1-10, 12.                 Civil Petition for Leave to Appeal No. 1042 of 2007. (From the judgment and order dated 10.06.2007 passed by the High Court Division in Writ Petition No.5794 of 2004). Judgme......ila Nirbahi Officer with some allegations against him. Consequently one Md. Abul Kalam Azad as Authorized Officer and Upazila Project Officer (Education) Sadar Upazila, District-Sunamgonj issued a notice upon the petitioner vide Memo No.Gd, Gm,Gm, wc/m`i/mybvg/04/100(5) dated 27.07.2004 to show......n-Record-For the Respondent No. 11. Not represented-Respondent Nos. 1-10, 12.                 Civil Petition for Leave to Appeal No. 1042 of 2007. (From the judgment and order dated 10.06.2007 passed by..

Category: Criminal Law | Date: | Hits: 32

Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)

....lant. Ozair Farooq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent No. 1. Civil Appeal No.169 of 2000. (From the judgment and order dated 23.03.1999 passed by the High Court Division in Civil Revision No.3194 of 1991). Judgm......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ......on No.3194 of 1991 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.59 of 1983 in the Court of Subordinate Judge (now joint District Judge), Barguna for declaration of title to the suit land measuring 10.47 acres out of 13.14 acres of land stating,..

Category: Property Law | Date: | Hits: 28

MA Sattar and others Vs. State, 2008, 37 CLC (AD)

....spondent Nos. 4-5 (In Civil Appeal No. 596 of 2001) Not represented- Respondent Nos. 8-12.(In Civil Appeal No. 596 of 2001) Criminal Appeal Nos. 1-10 of 2001. (From the judgment and order dated 24-8-2000 passed by the High Court Division in Criminal Appeal No. 1131 of 1993.) and C...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ......ppeal No. 1131 of 1993 dismissing the appeal with modification of sentence from simple imprisonment of seven years to a sentence of fine of Taka 10,000 each, in default, to suffer Simple Imprisonment for 2 (two) years each and maintaining the confiscation of plot Nos. 49A, 49B and 49C within Karwan ..

Category: Anti-Corruption Laws | Date: | Hits: 294

Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)

....ain, Advocate-on-Record- For Respondent Nos. 1-5.  Not represented-Respondent Nos. 6-65. Civil Petition for Leave to Appeal No. 96 of 2006. (From the judgment and order dated 14.12.2005 passed by the High Court Division in F.M.A. No. 258 of 2005 with Civil Rule No.85...... 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: 14 MLR (AD) (2009) 111. ......; Mahbubey Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-5.  Not represented-Respondent Nos. 6-65. Civil Petition for Leave to Appeal No. 96 of 2006. (From the judgment and order dated 14.12.2005 passed by ..

Category: Property Law | Date: | Hits: 27

Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

.... Not represented- Respondent Nos. 1-8 & 10.          Civil Petition for Leave to Appeal No. 1298 of 2007. (From the judgment and order dated 18.04.2007 passed by the High Court Division in Writ Petition No. 2655 of 2003.) Judgm......nd some influential persons of the locality to remove Mm from the Madrasha and by memo dated 05.06.1999 directed him to show cause within 12.06.1999. The writ petitioner replied to that show cause notice being repentant and remorseful and prayed for exoneration. Thereafter, the respondent No. 9 ...... Mrs. Sufia Khatun, Advocate-on–Record- For Respondent No. 9. Not represented- Respondent Nos. 1-8 & 10.          Civil Petition for Leave to Appeal No. 1298 of 2007. (From the judgment and order dated 18.04.2007 passed b..

Category: Employment/Service Law | Date: | Hits: 77

Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)

.... Nurul Islam Bhuiya, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 251 of 2006. (From the judgment and order dated 16.11.2005 passed by the High Court Division in Civil Revision No.983 of 2000.) Judg......cogent ground to interfere with the same.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ......s Involved: Muhammad Nazrul Islam, Senior Advocate, instructed by Nurul Islam Bhuiya, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 251 of 2006. (From the judgment and order dated 16.11.2005 passed by..

Category: Property Law | Date: | Hits: 21

State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)

....ecord-For the Petitioner. Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No.464 of 2006. (From the judgment and order dated 10th and 13th August, 2005 passed by the High Court Division in Criminal Appeal No.1458 of 1......arity and as such the same deserves no interference by this Court. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 88. ......r Ali, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No.464 of 2006. (From the judgment and order dated 10th and 13th August,..

Category: Procedural Law | Date: | Hits: 79

Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)

....Record-For the Petitioner (Appeared with leave of the court). Not Represented- the Respondents. Civil Provisional Petition for Leave to Appeal No. 83 of 2007. (From the order dated 5.2.2007 passed by the High Court Division in Writ Petition No. 988 of 2005.) Judgment......ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ......Advocate, instruct­ed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner (Appeared with leave of the court). Not Represented- the Respondents. Civil Provisional Petition for Leave to Appeal No. 83 of 2007. (From the order dated 5.2.2007 passed by the High Court..

Category: Civil Law | Date: | Hits: 80

M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and oth­ers, 2007, 36 CLC (AD)

.... Zahirul Islam, Advocated on Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 990 of 2006. (From the judgment and order dated 27-06-2006 passed by the High Court Division in Writ Petition No. 3891 of 1998.) Judgm......hy;gality or legal infirmity and as such there being no substance in this Petition for leave to appeal. The same is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 43. ......mmissioner of Customs and other 52 DLR (AD) 1. Lawyers involved: Zahirul Islam, Advocated on Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 990 of 2006. (From the judgment and order dated 27-06-2006 passed b..

Category: Fiscal/Taxation Law | Date: | Hits: 70