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Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....ursheed Jahan, Advocate-on-Record-For Respondent Nos. 1-4. Not represented-Respondent Nos. 5-55. Civil Petition for Leave to Appeal No.102 of 2006 (From the judgment and order dated 16.11.2005 passed by the High Court Division in Civil Revision No. 393 of 1993). Judgm......6-7 being co-sharers in the jote sold .09 acre of land by a kabala dated 17.02.1987 in favour of the pre-emptee Nos.1-5 who are stranger purchasers. The pre-emptor is a co-sharer by inheritance. No notice of the kabala under preemption was served upon the pre-emptor. 3. The pre-emptee......Shahidul Huq, Advocate-on-Record- For the Petitioners. Mrs. Khursheed Jahan, Advocate-on-Record-For Respondent Nos. 1-4. Not represented-Respondent Nos. 5-55. Civil Petition for Leave to Appeal No.102 of 2006 (From the judgment and order dated 16.11.2005 passed by t..Category: Property Law | Date: | Hits: 19
Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)
....l Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not Represented- Respondent Nos. 2-8. Civil Petition For leave to Appeal No.1740 of 2006. (From the judgment and order dated 31.8.2006 passed by a Division Bench of the High Court Division in Writ Petition No.751-5 of...... appearing in the list regardless of their position. The petition is accordingly dismissed (on merit and delay). Ed. This Case is also Reported in: 16 BLT (AD) (2008) 152. ......in Writ Petition No.751-5 of 2005). Judgment Md. Joynul Abedin J. - This petition for leave to appeal is directed against the judgment and order dated 31.8.2006 passed by a Divisio..Category: Election Law | Date: | Hits: 84
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
....d. Aftab Hossain, Advocate-in-Record-For Respondent No. 4. Not Represented-Respondent Nos.1-3. Civil Petition For leave to Appeal No.733 of 2005. (From the judgment and order dated 10.4.2005 passed by the High Court Division in Writ Petition No. 2154 of 2005). Judgme......e and Divorces (Registration) Rules, 1975. 2. Mr. Abul Kalam Mainuddin, the learned Advocate appearing for the petitioner submitted that the Judges of the High Court Division failed to take notice that appointment of respondent No.4 curtailing the part of the petitioner's area has been do...... Memo No.7 Bichar-7/2N-50/87(Part)(11)/132 dated 14.2.2005 issued under the signature of respondent No.2 giving approval to the appointment of respondent No.4 as Nikah Registrar on temporary basis for 7 Puti Bila Union Parishad under Lohagara Upazilla, District-Chittagong purported to have been ..Category: Constitutional Law | Date: | Hits: 108
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
.... Majumder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on Record-For Respondent No. 5. Civil Petition For leave to Appeal No. 485 of 2005 (From the judgment and order dated 28th March, 2005 passed in Writ Petition No. 1823 of 2005 by the High Court Division). ......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......ges of the High Court Division, who disposed of the said writ petition with a direction. 2. Shortly stated facts are that the respondent No.5, Md. Abul Hossain alias Md. Hossain Mia as the informant lodged a First Information Report with the Nabinagar Police Station on 26-02-2002 against ..Category: Criminal Law | Date: | Hits: 31
DC (Railway Land and Building) Vs. Md. Moshiur Rahman (Miran) (Minor) and others, 2006, 35 CLC (AD)
....cted by Sufia Khatun, Advocate-on-Record-For Respondent Nos. 1-6. Not represented-Respondent Nos. 7-13. Civil Petition For leave to Appeal No. 263 of 2004 (From the judgment dated July 8, 2003 of the High Court Division in Civil Revision No. 4696 of 2001). Judgment ......sed in Title Appeal No. 32 of 1998 reversing the judgment and decree dated October 19, 1997 of the 4th Court of Assistant Judge, Dhaka in Title Suit No.3 4 of 1997 decreeing the same declaring the notice issued by the defendant No. 1 illegal and not binding upon the plaintiffs. 2. The sui......e High Court Division in Civil Revision No. 4696 of 2001). Judgment Md. Ruhul Amin J.- This petition for leave to appeal has been filed against the judgment dated July 8, 2003 of a Single Bench of the..Category: Property Law | Date: | Hits: 22
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....s Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition For leave to Appeal No. 106 of 2004 (From the judgment and order dated 23.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 873 of 2001). ......the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ...... passed by the High Court Division in Criminal Miscellaneous Case No.873 of 2001 arising out of Special Case No.4 of 1997 rejecting an application under section 561A of the Code of Criminal Procedure for quashing the Special Case No.04 of 1997 under section 467/471/109 of the Penal Code and also und..Category: Anti-Corruption Laws | Date: | Hits: 88
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....ur Rob Chowdhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record- For Respondent. Civil Petition for Leave to Appeal No. 1503 of 2004. (From the judgment and order dated September 20, 2004 of the Administrative Appellate Tribunal in Miscellaneous Case No. 17 of ......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......ucted by Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur Rob Chowdhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record- For Respondent. Civil Petition for Leave to Appeal No. 1503 of 2004. (From the judgment and order dated September 20, 2004 ..Category: Administrative Law | Date: | Hits: 95
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....n-Record-For the Petitioners. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 991 of 2004. (From the judgment and order dated 2.5.2004 passed by the High Court Division in Civil Revision No. 2424 of 1998). Judgme......ny illegality or infirmity so as to call for interference from this Court. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 97. ......43 BLD (AD) 215. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioners. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 991 of 2004. (From the judgment and order dated 2.5.2004 passed by t..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
.... Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 359 of 2005. (From the judgment dated 14.1.2004 by the High Court Division passed in Civil Revision No. 675 of 1997). Judgment ......smissing the suit. 2. The petitioner along with Giriza Shaha filed the above suit for declaration that the suit property is a debottor property and not khas property of the government and that the notice for eviction under section 92 of the State Acquisition and Tenancy Act, 1950 being No. 4 of 1......Sree Kalimata Bigraha reported in 36 DLR 4716 DLR (SC) 457 Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 359 of 2005. (From the judgment dated 14.1.2004 by the High Court Divisio..Category: Tenancy Law | Date: | Hits: 147
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
.... Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 418 of 2005. (From the judgment dated 6.7.2004 by the High Court Division in Civil Revision No. 2499 of 2003). Judgment ......er Class Suit No. 53 of 1999 decreeing the suit. 2. The plaintiff instituted the above suit seeking declaration that the order dated 12.11.1997 suspending him from service and the show cause notice dated 14.6.1999 proposing his dismissal from service is illegal, void and not binding upon h......k Ltd. vs. Md. Arab Ali 7 BLC (AD) 1. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 418 of 2005. (From the judgment dated 6.7.2004 by the High Court Div..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....cate instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented-Respondent Nos. 3-12. Civil Appeal No. 26 of 2001. (From the judgment and order dated 29.06.1997 passed by the High Court Division in Civil Revision No. 2368 of 1991). Judg......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......aking the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No. 128 of 1974 in the 2nd Court of Assistant Judge, Comilla Sadar against the defendant No.1 and others for declaration that the sale deed dated 17.05.1969 said to have been executed and registered by th..Category: Property Law | Date: | Hits: 25
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
.... Bhuiyan, Senior Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No.73 of 2003. (From the judgment and order dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993). Judgment ......86 conclusive proof of its abandoned character. 5. The learned counsel appearing for the respondent No.1 on the other handed submits that the Government, the appellant herein, did never serve any notice either upon the respondent No.1 or upon the original owner of the building for surrendering t......e building was allotted to Md. Shafi by a registered lease deed dated 19.4.62; while in peaceful possession of the building Md. Shafi, on 08.01.1970 entered into an agreement with the respondent No.1 for sale of the building at a total consideration of Tk. 9,750/- out of which the respondent No.1 pa..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... Islam, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record-For the Appellants. Not represented-the Respondents. Civil Appeal No. 84 of 1997. (From the judgment dated February 26, 1997 of the High Court Division in First Appeal No. 206 of 1996). Judgmen......7 of the Act. It is natural that sub-section (3) will have operation only in respect of such accretions as have been contemplated in sub-section (1) and (2) of Section 87 of the Act. We have noticed that all accretions, which took place before the notification under Section 3 or section 43......cres. 2. It is the case of the plaintiffs that land measuring 2.95 acres is the accretal land to the C.S. Plot Nos. 670, 671, 674, 675, 676 and 250 and that as the said land accreted to the aforesaid plots which were owned and possessed by plaintiffs, as such they are legally owners of th..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....nt No. 3. Abdur Razzak Khan, Additional Attorney General-Amicus Curiea. Not represented- Respondents Nos.1-2. Civil Appeal No. 08 of 2001 (From the judgment and order dated 18th November 1998 passed by the High Court Division in Writ Petition No. 3501 of 1997). ...... such torture resulted in left thumb fracture and injury to other parts of the body and he had to be in the Noakhali Jail Hospital from 8.1.1983 to 21.7.1983. The fact of torture was brought to the notice of the Sub-Divisional Magistrate, Noakhali on 13.1.1983 and also the Sessions Judge, Noakha...... of the People's Republic of Bangladesh upon the respondents to show cause as to why the order dated 26th November, 1996 passed by the Sessions Judge, Noakhali in Miscellaneous Case No.353 of 1996 for fresh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....azzaque Khan, Additional Attorney General, instructed by Nawab Ali, Advocate-on-Record - For Respondent No.2 (In both the Appeals) Civil Appeal Nos. 129-130 of 2001 (From the Judgment and order dated 23rd July, 2000 passed by the High Court Division in Writ Petition Nos. 3002 and 3029 of 1999)......she came to know that her representatives, who were in possession of the above property on her behalf were being forcibly evicted with the help of police force and local mustans without serving any notice whatsoever and later on Mr. Shah Mohammad Abul Hossain, Member of Parliament and a relation ...... leased to Mr. Habibur Rahman Khan and 31 others in V. P. Case No. 210 of 1980 could be evicted on 5.8.1999 at 11 A. M. and in the above Memo the Deputy Commissioner to Police (West) Dhaka was also informed that Mr. Badra Munir Ferdous Assistant Commissioner and magistrate, Dhaka Collect rate, was t..Category: Property Law | Date: | Hits: 40
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d to be tried. 6. All the convicted accused persons were not present on dock at the time of framing charge on 17.03.2002 but some of the accused persons who were not present in Court on that date were subsequently charged on 18.05.2002 and 09.04.2002 and they also pleaded to be innocent a......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ......t May 4, 2008. Lawyers Involved: Helal Uddin Mollah, Advocate-For the Petitioners. Zahirul Hague Zahir, Deputy Attorney General-For the Respondent. Jail Petition for Leave to Appeal Nos. 07 and 08 of 2005 (From the judgment and order passed by the High C..Category: Criminal Law | Date: | Hits: 33
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....he Appellants. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not Represented-Respondent Nos. 2 and 4. Civil Appeal No.112 of 1997 (From the judgment and order dated 28th June, 1994 passed by the High Court Division in Civil Revision No.184 of 1987(Dhaka), C......sion. As a result, we find no substance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 614. ......p; Syed J. R. Mudassir Husain CJ.- This appeal by the defendant Nos.1 and 2 arises out of the leave granted on 21-08-1997 in civil petition for leave to Appeal No.567 of 1994 against the judgment and order dated 28th June, 1994 passed a S..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Horng Woei Industrial Co. Pte. Ltd. & anothers, 2005, 34 CLC (AD)
....man, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Appellants. Ex- Parte-Respondents. Civil Appeal No. 21 of 2000. (From the judgment and order dated 28.7.1993 passed by the High Court Division in Writ Petition No. 316 of 1988). Judgmen......ingapore to Chittagong the above vessel after discharging imported goods at Chittagong Port loaded the cargo for export and than applied to the customs authority, Chittagong for clearance but then notice dated 9.6.1987 was issued by the Collector of Customs, Chittagong directing the respondents ......d merchandise from Singapore to Chittagong on several occasions and in its voyage from Singapore to Chittagong the above vessel after discharging imported goods at Chittagong Port loaded the cargo for export and than applied to the customs authority, Chittagong for clearance but then notice date..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
.... Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 116 of 2006 (From the judgment and order dated 17.8.2005 passed by the High Court Division in Writ Petition No. 4453 of 2000.) Judgment ...... the said auction sale and is in possession of the same. 6. On 28.11.1994 further property of the said borrower company was put to auction by the same authority and in the schedule of the tender notice there was some confusion and mistake. The petitioner being misled took part in the second a......s Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 116 of 2006 (From the judgment and order dated 17.8.2005 passed by the H..Category: Property Law | Date: | Hits: 31
Md. Abdul Malek and another Vs. Md. Sanowar Hossain and others, 2008, 37 CLC (AD)
....am Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 187 of 2007. (From the judgment and order dated 21-01-2007 passed by the High Court Division in Civil Revision No. 3107 of 2003). Jud...... acres to the pre-emptee petitioners behind the back and without the knowledge of the preemptor. The preempte-petitioners are strangers to the case plot. They are not co-sharers in the land and no notice of sale was served upon the preemptor. The sale deed with reference to the land under pre-em......nior Advocate (with A. Q.M. Safiullah, Advocate) instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 187 of 2007. (From the judgment and order dated 21-01-2007 passed by..Category: Property Law | Date: | Hits: 26
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