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Major (Rtd) Quazi Hasna Hena Begum Vs. Lt. Col. Kazi Mansurul Islam and others, 2008, 37 CLC (AD)

....tructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 2-4. Civil Appeal No.162 of 2003. (From the judgment and order dated 16th day of August, 2000 passed by the High Court Division in Writ Petition No.1236 of 1997.) ......d question of fact. 12. Since the single allotment was can­celled and the joint allotment was done with the full consent and at the behest of the writ petitioner no question issuing of show cause notice or for assigning any reason was required and accordingly there could be no violation of princ......passed by the High Court Division in Writ Petition No. 1236 of 1997 making the Rule absolute. 2. The case of respondent No.1 as writ petitioner was that while serving in Bangladesh Army he applied for allotment of a plot in Johar-sahara residential project on 10.12.1991. Thereafter, at his reques..

Category: Property Law | Date: | Hits: 74

M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)

....ts. (In Civil Appeal No.137 of 2000). For Respondent No.8. (In Civil Appeal No.138 of 2000). Civil Appeal Nos. 135-138 of 2000. (From the judgment and order dated 9.8.1999 passed by the High Court Division in Writ Petition Nos.5392 of 1996 and 576 of 1998)......the writ petitions contending that the case land was acquired by the Government to enable the writ-respondent No.5 to set up their export-oriented industry, which was for public purpose, by issuing notice under section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 inv......being the subject matter of Writ Petition No.5392 of 1976 and Plot No. 380 being the subject matter of Writ Petition No.576 of 1998 hereinafter called the case land as without lawful authority and for a direction on the writ-respondent appellants to drop the said proceeding. 3. The ..

Category: Property Law | Date: | Hits: 42

Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)

....ain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented- Respondent Nos. 4-11.  Civil Petition for Leave to Appeal No. 608 of 2006. (From the judgment and order dated 28.3.2006 passed by the High Court Division in Writ Petition No. 2526 of 2006.) Judgme...... Writ Petition No. 2526 of 2006 on the averments that they are the legal heirs of late Md. Nurul Haque Patwary and the property measuring 32.71 decimals or .3271 ajutangsha described in the auction notice dated 14.3.2006 as well as in the Execution Case No.198 of 2005 now pending before the Arth......ioner. Enayet Hossain Khan, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented- Respondent Nos. 4-11.  Civil Petition for Leave to Appeal No. 608 of 2006. (From the judgment and order dated 28.3.2006 passed by..

Category: Property Law | Date: | Hits: 19

Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)

....                  Civil Petition for Leave to Appeal No. 525 of 2005. (From the judgment and order dated 20th April, 2005 passed by the High Court Division in Writ Petition No.7031 of 2004) J...... substance in the sub­missions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 993. ......p;                              Civil Petition for Leave to Appeal No. 525 of 2005. (From the judgment and order dated 20th April, 2005 pa..

Category: Constitutional Law | Date: | Hits: 114

Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)

....ocate-on-Record- For the Appellants.     Md. Nawab Ali Advocate-on-Record- For the Respondents. Civil Appeal No. 259 of 2003. (From the Judgment and Order dated May 20, 2002 passed by the High Court Division in Civil Revision No. 5654 of 2000) Ju...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ......it filed seeking relief that the plaintiff is entitled to the benefit of benevolent fund and group insurance under the provision of Ordinance No. XXXIX of 1982 instead of the law prevalent on the aforesaid matters in 1968 and 1969 i.e. not as per provision of Government Servants Benevolent Fund ..

Category: Employment/Service Law | Date: | Hits: 82

State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)

....tructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Criminal Appeal No.18 of 2001 (From the Judgment and order dated 03.12.1995 passed by the High Court Division in Criminal Appeal No. 1056 of 1990) Judgment ...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ......n Criminal Appeal No. 1056 of 1990 arising out of Sessions Case No. 86 of 1995 dismissing the appeal filed by the respondent No.1 Wazed Mia and maintaining his conviction and sentence of imprisonment for life under section 302/34 of the Penal Code for committing murder of Kalu and allowing the appea..

Category: Criminal Law | Date: | Hits: 38

Misbah Abedin Vs. Muzmmil Ali and others, 2007, 36 CLC (AD)

...., Advocate-on- Record-For the Respondent No.1. None represented -For the Respondent Nos. 9-10. Civil Petition for Leave to Appeal No. 447 of 2006. (From the judgment and order dated the 4th January, 2006 passed by the High Court Division in Civil Revision No.5249 of 2002) ......rt of appeal below specifically found that Haji Abdur Raquib's pres­ence was not necessary in the suit. 10. It also appears from the record that a local investigation was held for which notice was served upon the par­ties and their Advocates but none appeared from the defendant's ......an, Senior Advocate with A.K.M. Ali, Advocate instructed by Md. Nawab Ali, Advocate-on- Record-For the Respondent No.1. None represented -For the Respondent Nos. 9-10. Civil Petition for Leave to Appeal No. 447 of 2006. (From the judgment and order dated the 4th January, 200..

Category: Property Law | Date: | Hits: 29

Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)

....For Respondent No.1. (Appeared with the leave of the Court). Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 864 of 2006. (From the judgment and order dated 17.08.2004 passed by the High Court Division in Trade Mark Appeal No.60 of 2001) Judg......the same on 04.07.1995 and the Trade Marks Registry allotted serial No. 44151 in Class-29 in respect of the said trade mark. The petitioner opposite party No.2. Liberty Foods Company Limited filed notice of opposition against registration of the appellants trade mark giving rise to Opposition Ca......eamat Hossain, Advocate instructed by Md. Firoz Shah, Advocate-on-Record-For Respondent No.1. (Appeared with the leave of the Court). Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 864 of 2006. (From the judgment and order dated 17.08.2004 passed by..

Category: Intellectual Property Law | Date: | Hits: 306

Md. Hossain Zakir Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (AD)

....owdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1041 of 2005. (From the judgment and order dated 25.07.2005 passed by the Administrative Appellate Tribunal in A.A.T. Case No.236 of 2004.) ...... leave to appeal is directed against the judgment and order dated 25.07.2005 passed by the Administrative Appellate Tribunal in A.A.T Case No. 236 of 2004 admitting the appeal and issuing the usual notice. 2. While admitting the appeal the Appellate Tribunal also provisionally condoned the...... Judgment August 13, 2007. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1041 of 2005. (From the judgment and order dated 25.07.2005 passed b..

Category: Administrative Law | Date: | Hits: 99

M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

....In all the Civil Petitions). Not represented- the Respondents (In all the Civil Petitions). Civil Petition for Leave to Appeal Nos. 47-49 of 2006. (From the judgment and order dated the 23rd October, 2005 passed by the High Court Division in Writ Petition Nos. 298 of 1999 w......no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ......struct­ed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners (In all the Civil Petitions). Not represented- the Respondents (In all the Civil Petitions). Civil Petition for Leave to Appeal Nos. 47-49 of 2006. (From the judgment and order dated the 23rd October,..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Nezma Khatun Chowdhury Vs. Abdul Khaleque, 2003, 32 CLC (AD)

....e-on-Record-For the Appellant. Aynuddin, Advocate, instructed by Ataur Rahman, Advocate-on-Record-For the Respondent. Civil Appeal No. 27 of 2001. (From the judgment and order dated 22nd July, 1999 passed by the High Court  Division in Civil Revision No.1637 of 1998) ......ly and without her permis­sion and amalgamated the suit shop with the shop adjacent to west of the suit shop which caused loses of Tk.10,000/-. Upon all these allegations, the appellant issued notice under Section 106 of the Transfer of Property Act for terminating the tenancy but despite of...... Judgment              Syed J.R. Mudassir Husain J.- This appeal arises out of leave granted by this Division in civil petition for leave to Appeal No. 1302 of 1999 against the judgment and order dated 22-7-1999 passed by a Si..

Category: Property Law | Date: | Hits: 32

Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)

.... Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented- For Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 1146 of 2006. (From the judgment and order dated 12.04.2006 passed by the High Court Division in Civil Revision No. 4389 of 2002.) Jud......d decree of the trial Court without adverting to the finding of the trial court with proper reasoning. He lastly submits that the learned Single Judge of the High Court Division erred in failing to notice that the appellate court below decreed the suit without having any regard to the fact that t...... Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented- For Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 1146 of 2006. (From the judgment and order dated 12.04.2006 passed b..

Category: Property Law | Date: | Hits: 24

Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)

....a Biswas, Advocate-on-Record-For the Petitioners. Not Represented -For the Respondents. Civil Petition for Leave to Appeal No. 556 of 2006 (From the judgment and order dated 25.10.2005 passed by the High Court Division in Civil Revision No. 243 of 1987.) Judg......ved at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dis­missed. Ed. This Case is also Reported in: V ADC (2008) 944. ......lved: Abdul Quayum, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not Represented -For the Respondents. Civil Petition for Leave to Appeal No. 556 of 2006 (From the judgment and order dated 25.10.2005 passed by ..

Category: Property Law | Date: | Hits: 23

Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)

....wyers Involved: Mrs. Mahmuda Begum, Advocate-on-record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1684 of 2005 (From the judgment and order dated 11.02.2002 passed by the High Court Division in Writ petition No. 2464 of 2000). Judgment ......e above, we find no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ...... November 14, 2007. Result: The petition is dismissed. Lawyers Involved: Mrs. Mahmuda Begum, Advocate-on-record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1684 of 2005 (From the judgment and order dated 11.02.2002 passed by the H..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Md. Shahabuddin Vs. Manager-in-Charge, Abika, Narayangonj Titas Gas, T & D Co. Ltd., 2007, 36 CLC (AD)

....ioner. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-3. Not represented–Respondent No. 4. Civil Petition for Leave to Appeal No. 861 of 2007. (From the judgment and order dated 17.5.2007 passed by the High Court Division in Civil Revision No.720 of 2007). Judgment ......2008; due to the unrest in the country and also insufficient gas supply to the above industry, the company having suffered huge loss could not pay bills regularly and the respondent No.1, without any notice, disconnected the gas line and then the petitioner, having paid 30% of the arrear bills and u......te, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioner. Aftab Hossain, Advocate-on-Record- For Respondent Nos. 1-3. Not represented–Respondent No. 4. Civil Petition for Leave to Appeal No. 861 of 2007. (From the judgment and order dated 17.5.2007 passed by the ..

Category: Civil Law | Date: | Hits: 120

S. M. Delwar Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

....    Not represented-Respondent Nos. 1-3           Civil Appeal No. 182 of 2007. (From the Judgment and Order dated June 7, 2007 passed by the High Court Division in Writ Petition No. 2119 of 2007) Jud......he appeal is accordingly allowed without any order as to cost. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 59; 29 BLD (AD) (2009) 53; 14 MLR (AD) (2009) 34; VI ADC (2009) 70. ......ve Officer, Dhaka constituting an Ad-hoc Managing Committee suspending the elected Managing Cpmmittee of Bohumukhi Khudra Kutir Shilpa Samabaya Samity Ltd. 2. The writ petitioners filed the aforesaid writ petition on the averment that they are the elected Members of the Bohumukhi Khudra K..

Category: Civil Law | Date: | Hits: 126

Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)

....1161 of 2007). Not represented—the Respondents (In Civil Petition No. 1157 of 2007). Civil Petition for Leave to Appeal Nos. 1157-61 of 2007. (From the Judgment and Order dated June 7, 2007 passed by the High Court Division in Writ Petition Nos. 955 of 2005, 3186,2183,......nd pursuant to the report dated 31-3-03 (Annexure-X-3), the 'State Honorarium' of the petitioner was stopped. Admittedly, before taking the impugned action, the petitioner was not served any notice or show cause, against the proposed action. He was not given any opportunity to be heard. N...... Not represented—the Respondent Nos. 5, 8-12 (In Civil Petition No. 1161 of 2007). Not represented—the Respondents (In Civil Petition No. 1157 of 2007). Civil Petition for Leave to Appeal Nos. 1157-61 of 2007. (From the Judgment and Order dated June 7, 2007 pa..

Category: Civil Law | Date: | Hits: 126

Probir Kumar Rakshit Vs. Abdus Sabur & others, 2008, 37 CLC (AD)

....instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not Represented—Respondent Nos. 2-8. Civil Appeal No.150 of 2004. (From the judgment and order dated 5-5-2003 passed by the High Court Division in Civil Revision No. 2305 of 1997). Judgme......fore, erratic and perverse. The appeal is accordingly allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 28; 29 BLD (AD) 2009, 43. ......passed by the appellate Court below and affirming the judgment and decree passed by the trial Court. 2. Relevant facts are that respondent No.1 as plaintiff filed Title Suit No.106 of 1992 before the Assistant Judge, Kaliakoir, Dhaka for declaration of title to 'C’ schedule land whi..

Category: Property Law | Date: | Hits: 42

Kulsuma Khatun Vs. Rahman Sobhan, 2007, 36 CLC (AD)

....awab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by the High Court Division in Civil Revision No. 4334 of 1998). Judgme......n and now they are claiming title over the suit land. Hence the plaintiffs filed the present suit for declaration of their title. 3. The defendant did not appear in the suit in spite of due notice and, as such, the learned trial Court took up the suit for ex parte hearing and by Order No......sp;  December 5, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1138 of 2006. (From the judgment and order dated 5-7-2006 passed by ..

Category: Property Law | Date: | Hits: 20

State Vs. Nurul Amin, 2006, 35 CLC (AD)

....instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 45 of 2009. (From the judgment and order dated 17-11-2000 passed by the High Court Division in Criminal Appeal No.1495 of 1994. Judgment ......ndergo the remaining period of sentence awarded upon him. Send a copy of this order to the trial Court at once for necessary action. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 21. ...... Divisional Special Judge, Khulna in Special Case No.4 of 1993 on the allegation that Dhaka General Post Office sent Motor Driving Licence and Motor Vehicle Stamp in three parcels worth Taka 1,44,475 for delivery to Narail Treasury Officer via Jessore RMS Office and the accused Nurul Amin was then s..

Category: Anti-Corruption Laws | Date: | Hits: 173