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Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
....Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High Court Division in Writ Petition No. 848(B) of 2002). Judg...... has been possessing the case property on mutating her name and paying rent, electric bills, WASA bills, gas bills, ground tax etc. and her name has also been recorded in the recent Khatian and no notice for surrendering possession was ever issued by the Government to late Mr Abdus Salam or his ......ab Ali, Advocate-on-Record—For the Petitioner. Md. Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....e-ul-Huq, Senior Advocate, Ahsanul Karim, Advocate with him instructed by Md. Wahidullah, Advocate-on-Record—For Respondent No.1. Civil Appeal Nos. 37-38 of 2008. (From the Judgment and order dated 13th day of December, 2007 passed by the High Court Division in Writ Petition Nos.10844 and 10......prehension of a person by the law enforcing agency either at its level or in compliance of the process of the Court or that without exhaustion of the procedure by public notification/publication of notice in the newspaper, the person whose presence is wanted before the Court in compliance of the p......tion, since he was, in any respect, not fleeing or running away from the law or the Court, or avoiding process of the Court. 2. It was contended from the side of the appellants that in the first information report offence alleged against the writ petitioner is a cognizable one and, as such, being..Category: Anti-Corruption Laws | Date: | Hits: 139
Karim Dad Sikder and another Vs. State, 2008, 37 CLC (AD)
.... Sufia Khatun, Advocate-on-Record-For the Petitioner. Not Represented–the Respondent. Criminal Petition for Leave to Appeal No. 151 of 2007. (From the judgment and order dated 16-03-2006 passed by the High Court Division in Death Reference No, 92 of 2003 with Criminal......hat the submissions of the learned Advocate for the petitioners have got no merit and accordingly, the same is dismissed. Ed. This Case is also Reported in: V ADC (2008) 898. ......D) 60. Lawyers Involved: Khan Saifur Rahman, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Not Represented–the Respondent. Criminal Petition for Leave to Appeal No. 151 of 2007. (From the judgment and order dated 16-03-2006 passed by..Category: Criminal Law | Date: | Hits: 22
Md. Emran Hossain Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
.... Siddiqur Rahman, Advocate-on-Record-For Respondent No. 5. Not Represented-Respondent Nos. 1-4. Civil Petition for Leave to Appeal No. 1738 of 2005 (From the judgment and order dated 06.07.2005 passed by the High Court Division in Writ Petition No. 6075 of 2004) Judgme......h Registrar for No. 7 Dhalua Union. 4. Mr. Syed Mahbubar Rahman, Advocate-on-Record, appearing for the petitioner submitted that the High Court Division failed to appreciate and discuss the notice/showcause issued to the petitioner for revocation or cancellation of the petitioner's l......yed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Kazi Siddiqur Rahman, Advocate-on-Record-For Respondent No. 5. Not Represented-Respondent Nos. 1-4. Civil Petition for Leave to Appeal No. 1738 of 2005 (From the judgment and order dated 06.07.2005 passed by..Category: Civil Law | Date: | Hits: 88
Shakawatullah Vs. Liquidator, Liquidation Call Dhakeswari Cotton Mills, Dhk & ors, 2006, 35 CLC (AD)
....dent No. 1. Syed M. Rahman, Advocate-on-Record-For respondent No. 2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1087 of 2005. (From the judgment and order dated 09.04.2005 passed by the High Court Division in Civil Revision No. 2906 of 1999). Judgment......nder a Corporation by an order under clause (1) of Article 10 and all suits and order legal proceedings pending against such an enterprise on the date of winding up order shall abate. The trial court noticed that the winding up proceeding of the opposite party No.1 was started on 23.01.1982 and pu......Record-For the Petitioner. Nawab Ali, Advocate-on-Record-For respondent No. 1. Syed M. Rahman, Advocate-on-Record-For respondent No. 2. Not represented-Respondent Nos. 3-4. Civil Petition for Leave to Appeal No. 1087 of 2005. (From the judgment and order dated 09.04.2005 passed by the..Category: Tenancy Law | Date: | Hits: 148
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
.... instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1506 of 2005. (From the judgment and order dated 28-11-2004 passed by the High Court Division in Writ Petition No. 3059 of 2001.) Judgment ......round of above discussion, we find no cogent ground for our interference in the impugned judgment. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VADC (2008) 872. ......uiyan, Advocate-on-Record-For the Petitioner. Zillul Huq, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1506 of 2005. (From the judgment and order dated 28-11-2004 passed by the..Category: Employment/Service Law | Date: | Hits: 87
Md. Tazimuddin and others Vs. Md. Mofizul Islam and others, 2008, 37 CLC (AD)
....ia Khatun, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-43. Civil Petition for Leave to Appeal No. 1642 of 2007. (From the judgment and order dated 29.05.2007 passed by the High Court Division in Civil Revision No. 1360 of 2001.) Jud......e and possession of the plaintiff. We do not find any substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 854. ...... Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-43. Civil Petition for Leave to Appeal No. 1642 of 2007. (From the judgment and order dated 29.05.2007 passed b..Category: Property Law | Date: | Hits: 28
Md. Maniruddin Vs. Md. Totab Ali @ Kutub Ali , 2006, 35 CLC (AD)
....Nurul Islam Bhuiyan Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 717 of 2005. (From the judgment and order dated February 16, 2005 passed by the High Court Division in Civil Revision No. 2754 of 1997)...... calling for interference by this Division, we do not find any merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 846. ...... Judgment August 22, 2006. Lawyers Involved: Nurul Islam Bhuiyan Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 717 of 2005. (From the judgment and order dated February 16, 2..Category: Property Law | Date: | Hits: 19
Chairman, T& T Board Vs. Md. Rafiqur Gaznavi and others, 2005, 34 CLC (AD)
....os. 20-24 (In Civil Appeal No. 86 of 2000) Not represented-Respondent Nos. 47-52 (In Civil Appeal No. 87 of 2000). Civil Appeal No. 85-87 of 2000. (From the judgment and order dated June 2, 1998 passed by the High Court Division in Review petition Nos.4-6 of 1998) Ju......red at any time. The appellant in support of his claim that 31.46 acres of land of mouza Mohakhali claimed by the writ petitioners were acquired in L.A. Case No. 17 of 1948-49 and that acquisition notice No. 901 dated February 14, 1950 under section 5(7) of the (Emergency) Requisition of Propert...... arising of Writ Petition Nos.1170,1171 and 1172 of 1995, rejecting the review petitions. The review petitions were filed against the judgment dated June 10, 1996 making the Rules obtained in the aforementioned writ petitions absolute and thereupon declaring that the land measuring 29.99 acres w..Category: Property Law | Date: | Hits: 56
Md. Farhat Rahman Vs. Roomee Tareque Moudud, 2005, 34 CLC (AD)
....udgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which was filed against the judgment and order dated November 14," 1999 of the Court of Nari-O-shishu Nirjatan Daman Bishesh Adalat, Dhaka (h......n merit. The custody of the child shall remain with his mother till disposal of the Rule. There is no order as to costs. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 193. ......1999). Judgment Md. Ruhul Amin J. - This is a defendant's appeal, by leave, against the judgment of January 18, 2000 of the High Court Division as to an order of discharge of the Rule for default obtained in Civil Revision No.4256 of 1999 which was filed against the judgment and or..Category: Family Law | Date: | Hits: 173
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....vocate and Probir Neogi, Advocate appeared with him) instructed by Md. Aftab Hossain, Advocate-on-record- For the Respondent. Civil Appeal No.218 of 2004 (From the judgment and order dated 5th November, 2003 passed by the High Court Division in Writ Petition No. 2256 of 2002). ......itution and were marked as applications under Article 102 (1) read with Article 44 of the Constitutions; in Mujibur Rahman case, 44 DLR (AD) 111 Article 44(1) of the Constitution was brought to the notice of this Court by the government respondents themselves, as is evident from paragraph 47 of t......oyees of his cadre and grade in the Supreme Court of Bangladesh and those in the Ministry were given pay scale of Tk. 1475-3150/- with effect from 01.06.1991 and the scale of pay was enhanced both for the employees of the Supreme Court and those in the Secretariat to Tk.2250/- with effect from 1..Category: Employment/Service Law | Date: | Hits: 104
Tripti Industries Ltd. Vs. Registrar of Trade Marks, Bangladesh, 2005, 34 CLC (AD)
....bsp; M. M. Ruhul Amin J. - These petitions for leave to appeal are directed against the common judgment and order dated 04.08.2002 passed by a Division Bench of the High Court Division in Trade Mark Appeal Nos. 54......s holding that the appellant proprietor has failed to establish his continuous user of the mark since its registration in 1990. 7. The High Court Division allowed the appeals as noticed earlier. 8. We have heard Mr. Mujibar Rahman, the learned Advocate who appear...... Not represented - the Respondents. Judgment M. M. Ruhul Amin J. - These petitions for leave to appeal are directed against the common judgment and order dated 04.08.2002 passed by a..Category: Intellectual Property Law | Date: | Hits: 172
Bangladesh Vs. Mahmuda Begum (Aloka) and others, 2005, 34 CLC (AD)
....ppeal Nos. 930-949 of 2003 Judgment Md. Ruhul Amin J. - Delay is condoned. 2. These petitions for leave to appeal are by the writ-Respondent Nos.1-4 against the judgment dated April 19, 2003 in Writ Petition Nos.65, 91, 92, 93, 94, 99, 100, 102, 103, 104, 105, 106, 107......nnection of the utility services, that the action of the authority i.e. cancellation of the allotment was unlawful, that the authority in canceling the allotment of the allottees did not serve any notice and that the allottees were also not heard while the order of cancellation of the allotment ......Abdur Nur Advocate-on-record - For the Respondent (In Civil Petition No. 930 of 2003) Not Represented – the Respondents (In Civil Petition Nos. 931-949 of 2003) Civil Petition for Leave to Appeal Nos. 930-949 of 2003 Judgment Md. Ruhul Amin J. - Delay is ..Category: Property Law | Date: | Hits: 27
Adamjee Jute Mills Ltd. and others Vs. M.A. Kashem and another, 2005, 34 CLC (AD)
....Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented - For Respondent No. 2. Civil Petition for Leave to Appeal No. 608 of 2002 (From the judgment and order dated 14.1.2002 passed by the High Court Division in Writ Petition No.90 of 2001). Judgment ......do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 165. ......r. Md. Aftab Hossain, Advocate-on-Record - For Respondent No. 1. Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Not represented - For Respondent No. 2. Civil Petition for Leave to Appeal No. 608 of 2002 (From the judgment and order dated 14.1.2002 passed by t..Category: Labour and Industrial Law | Date: | Hits: 77
Bangladesh Vs. Sunil Kumar and others, 2005, 34 CLC (AD)
....gainst the judgment and order of April 12, 1999 of a Division Bench of the High Court Division in Civil Revision No. 915 of 1997 making the Rule absolute which was obtained against the order No. 48 dated November 12, 1996 of the 1st Court of Subordinate Judge (now Joint District Judge), Bagerhat,......d of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 142. ......(From the judgment and order of April 12, 1999 of the High Court Division in Civil Revision No. 915 of 1997). Judgment Md. Ruhul Amin J. - Delay is condoned. This petition for leave to appeal has been filed against the judgment and order of April 12, 1999 of a Division B..Category: Property Law | Date: | Hits: 23
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
....ahman Khan, Advocate-on-Record - For Respondent Nos. 1-4. Chowdhury M. Jahangir, Advocate-on-Record - Respondent No. 5. Civil Appeal No. 124 of 2001. (From the judgment and order dated 16.8.1999 passed by the High Court Division in Writ Petition No. 400 of 1997). Judgme......le good faith and knowledge of the existing conditions on the part of a legislature are to be presumed, if there is nothing on the face of the law or the surrounding circumstances brought to the notice of the court on which the classification may reasonably be regarded as based, the presumption......the classification may reasonably be regarded as based, the presumption of Constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and un-known reasons for subjecting certain individuals or corporations to hostile or discriminating legislation………..Category: Employment/Service Law | Date: | Hits: 133
Md. Nasiruddin Vs. Md. Mizanur Rahman, 2007, 36 CLC (AD)
....das Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 passed by the High Court Division in Civil Revision No.1238 of 2004). ......s from the month of March, 1998 and thereby became a defaulter. The plaintiff also claimed that he had bonafide requirement of the suit premises for starting business therein and accordingly served a notice under Section 106 of the Transfer of Property Act to the defendant terminating the tenancy an......s Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Md. Mojibur Rahman, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1300 of 2006. (From the judgment and order dated the 26th February, 2006 ..Category: Tenancy Law | Date: | Hits: 151
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....n-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by the High Court Division in First Appeal No. 87 of 2002). Judgment ......ransfer of possession of those on payment of transfer fee @ Tk. 10,000/- for each shop to the defendant and that he paid rent regularly but all on a sudden, without determining the lease by issuing notice under section 106 of the Transfer of Property Act, the defendant started demolishing the mar...... M. A. Samad, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by..Category: Alternative Dispute Resolution | Date: | Hits: 192
Government of Bangladesh Vs. M/S Eastern Industries (BD) Ltd. , 2008, 37 CLC (AD)
....r Rahman Khan, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1468 of 2006. (From the judgment and order dated 5.3. 2006 passed by the High Court Division in Writ Petition No. 1114 of 1998). Judgme......12 of 1977 the Board of Management of Abandoned Industries restored the possession of the land and factory to the writ petitioner. Subsequently the writ respondents on several occasions issued notices upon the writ petitioner on different trivial and baseless grounds threatening cancellatio......ted by Zainul Abedin, Advocate-on-Record-For the Petitioners. Ziaur Rahman Khan, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1468 of 2006. (From the judgment and order dated 5.3. 2006 passed by..Category: Property Law | Date: | Hits: 27
M/s. F. Jahan Enterprise Vs. Commissioner of Customs, Chittagong and others, 2005, 34 CLC (AD)
....rd-For the Appellant. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 6. Ex-parte-Respondent Nos. 1-5. Civil Appeal No. 120 of 1997. (From the judgment and order dated August 28, 1997 passed by the High Court Division in Writ Petition No. 3532 of 1997). ......ly given by the authority and respondent deposited the quoted price of Tk. 16,67,000/- with 3% advance income tax. That it is stated that the respondent No. 6 while filing the complete tender notice dated 13 and 14 May, 1997 vide Annexure-X fraudulently withheld the last page of the li......t filed the writ petition stating, inter alia, that the appellant is a business firm dealing, inter alia, with auctioning business submitted tender in auction tender sale No. 9/97 dated 30.4.1997 for purchase of 2350 pieces of Toshiba Brand Fluorescent Tube Light and 392 sets of National Brand ..Category: Others | Date: | Hits: 80
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