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Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)

.... 68. Lawyers Involved: Md. Waliul Islam, Advocate-on-Record-For the Appellant Ex-parte-the Respondents. Civil Appeal No. 197 of 2003. (From the judgment and order dated 08.06.2002 passed by the High Court Division in Civil Order No.4005 of 2002.) Judgment......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ...... allowing the revisional application summarily. 2. Short facts are that the plaintiff institut­ed Other Class Suit No.39 of 1998 in the Court of Senior Assistant Judge, Kishoreganj Sadar for declaration of title and recovery of khas possession of the second schedule land claiming title..

Category: Property Law | Date: | Hits: 71

Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)

...., Advocate-on-record-For the Petitioners. Sufia Khatun, Advocate-on-record-For the Respondent. Civil Petition for Leave to Appeal No. 1278 of 2005 (From the Judgment and Order dated July 10, 2005 passed by the Administrative Appellate Tribunal in Appeal No. 214 of 2005). ......i.e.  within 3 (three) months on the expiry of the period for filing the appeal prescribed in section 6(2) of the Administrative Tribunal Act. 10. The Administrative Appellate Tribunal noticed certain facts i.e. the date of deliv­ery of judgment (10.4.2004), the date of filing ap...... Abu Bakkar Siddique, Deputy Attorney General, instructed by B. Hossain, Advocate-on-record-For the Petitioners. Sufia Khatun, Advocate-on-record-For the Respondent. Civil Petition for Leave to Appeal No. 1278 of 2005 (From the Judgment and Order dated July 10, 2005 passed..

Category: Administrative Law | Date: | Hits: 102

Kataruddin and others Vs. Md. Nurul Huque and others, 2006, 35 CLC (AD)

....Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1594 of 2005. (From the judgment and order dated 2nd May, 2005 passed by the High Court Division in Civil Revision No. 2332 of 2002). ......firmity in the decision of the High Court Division and accordingly no interference is called for. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 585. ...... July 2, 2006. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1594 of 2005. (From the judgment and order dated 2nd May, 2005 passe..

Category: Property Law | Date: | Hits: 23

Enayet Hossain Vs. Nur Islam Howlader, 2006, 35 CLC (AD)

.... Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1131 of 2005. (From the judgment and order dated 20.06.2005 passed by the High Court Division in Civil Revision No. 2384 of 1991). Jud......s barred by limitation. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 580. ......nts. Judgment November 5, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1131 of 2005. (From the judgment and order dated 20.06.2005 passed b..

Category: Procedural Law | Date: | Hits: 91

Noor Mohammad Biswas Vs. Surendra Nath Mondal, 2006, 35 CLC (AD)

....iswas, Advocate-on-record-For Respondent No. 1(a). Not repre­sented -Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 574 of 2005. (From the Judgment and Order dated November 29, 2004 passed by the High Court Division in Civil Rule No. 80(S) of 1998). ......le 21 of the Code of Civil Procedure was filed stat­ing that the learned Advocate through whom the aforementioned appeal was obtained at the relevant time was elevated to the bench and that no notice under N-10 Form was served on the petitioner. The High Court Division on perusal of the Orde...... Horendra Nath Nandi, Advocate, instruct­ed by Bivash Chandra Biswas, Advocate-on-record-For Respondent No. 1(a). Not repre­sented -Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 574 of 2005. (From the Judgment and Order dated November 29, 2004 pa..

Category: Property Law | Date: | Hits: 25

Abdur Rahman Vs. Jan Bibi and others, 2006, 35 CLC (AD)

.... Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented - the Respondents. Civil Petition for Leave to Appeal No. 1166 of 2005. (From the Judgment and Order dated August 16, 2005 passed by the High Court Division in Civil Revision No. 326 of 2004). ......s awaiting disposal then from the side of the opposite party an application was filed for vacating the order of injunction and when the said application came up for hearing before the Court it was noticed by the Court that the order of injunction passed earlier for limited time had expired on Ju......nts Judgment November 5, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented - the Respondents. Civil Petition for Leave to Appeal No. 1166 of 2005. (From the Judgment and Order dated August 16, 2005 pas..

Category: Property Law | Date: | Hits: 20

Md. Abdus Satter Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1469 of 2005. (From the judgment and order dated 23.08.2005 passed by the Administrative Appellate Tribunal, Dhaka in Miscellaneous Appeal No......t does not suffer from any infirmity calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 573. ...... Judgment November 8, 2007. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1469 of 2005. (From the judgment and order dated 23.08.2005 passed b..

Category: Administrative Law | Date: | Hits: 90

Md. Hashmat Ullah Tapadar Vs. Md. Basel Khan, 2008, 37 CLC (AD)

.... Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent Nos. 1-9. Civil Appeal No. 176 of 2003. (From the judgment and order dated the 9th August, 2001 passed by the High Court Division in Civil Revision No. 3051 of 1999). ......ek­ing consequential relief and the suit is also barred by limitation. 8. Leave was granted to consider the sub­missions of the learned Counsel for the appellant that the issuance of notice on 30.06.1989 by the defendants for removal of the plaintiff from the suit land casting a cl......l Revision No.3051 of 1999 making the Rule absolute. 2. The facts, in short, are that the plaintiff-appellant instituted Title Suit No.50 of 1989 in the Court of Subordinate Judge, Chandpur, for declaration of his title to the suit land claiming the same by way of inheritance from his fath..

Category: Property Law | Date: | Hits: 22

Dr. Zahirul Haque Bhuiyan & others Vs. Dr. Shamsuddin Jahangir & another, 2007, 36 CLC (AD)

....Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 271 of 2005. (From the judgment and order dated 12.03.2005 passed by the High Court Division in Criminal Miscellaneous Case No.6654 of 2002)......s miscon­ceived. The High Court Division accordingly rightly discharged the Rule. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 537. ...... Involved: Abdul Halim Chaklader, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 271 of 2005. (From the judgment and order dated 12.03.2005 passed by..

Category: Criminal Law | Date: | Hits: 42

Jalal alias Md. Jalal Vs. State, 2007, 36 CLC (AD)

....ppellant. Golam Kibria, Deputy Attorney General instructed by B. Hossain, Advocate-on-Record-For the Respondent. Criminal Appeal No. 09 of 2003. (From the, judgment and order dated 21.05.2002 passed by the High Court Division in Criminal Appeal No. 3145 of 2000.) Ju......ground to interference. In this view of the matter the appeal is liable to be dismissed and it is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 534. ...... passed by a Division Bench of the High Court Division in Criminal Appeal No. 3145 of 2000 dis­missing the appeal. 2. The facts, in short, are that Mossammat Fatema Akhtar, a niece of informant Abu Taher got married to accused Abu Hanif. After marriage her husband went to Saudi Arabia..

Category: Criminal Law | Date: | Hits: 41

Abdul Khaleque Pramanik Vs. Rajab Ali Pramanik and others, 2007, 36 CLC (AD)

....Zahangir, Advocate-on-Record-For Respondent Nos. 1-3. Not repre­sented-Respondent Nos. 4-9. Civil Petition for Leave to Appeal No. 333 of 2005. (From the judgment and order dated 28.11.2004 passed by the High Court Division in Civil Revision No. 2341 of 1996). Jud......iew of the discussion made above, the petition appears to be without any merit. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 515. ......vocate-on-   Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 1-3. Not repre­sented-Respondent Nos. 4-9. Civil Petition for Leave to Appeal No. 333 of 2005. (From the judgment and order dated 28.11.2004 passed by..

Category: Property Law | Date: | Hits: 22

N.G. Shaha Steel Ind. (Pvt.) Ltd. Vs. Custom Excise VAT Aplt. Tribunal, Dhk & ors, 2005, 34 CLC (AD)

....lants. A.J. Mohammad Ali, Attorney General instructed by Ahsan Ullah Patwary, Advocate-on-Record-For the Respondents. Civil Appeal No.117 of 1999. (From the judgment and order dated 23.05.1999 passed by the High Court Division in Writ Petition No.281 of 1998.) Judgmen......note and adjustment on the basis of calculation as shown in the report. The appellant made the payment as per recommendation of the audit report. The appellant was surprised to receive a show cause notice dated 21.09.1994 from respondent No. 2 alleging that the appel­lant evaded payment of T......o.281 of 1998 discharging the Rule Nisi. 2. Short facts are that the appellant-com­pany is a manufacturer of GP sheets and CGI sheets. Zinc Ingot and BP sheets are used as raw materials for production of the same and the appellant-company imports the raw materials from abroad. The app..

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

Sonali Bank Vs. Md. Mostafa Kamal & others, 2006, 35 CLC (AD)

.... 2005). Not represented-Respondent Nos. 3, 4 & 6-7(In Civil Petition No. 480 of 2005). Civil Petition for Leave to Appeal Nos. 479-480 of 2005. (From the judgment and order dated 7th & 8th December, 2004 passed by the High Court Division in Writ Petition Nos. 2173 &a......the applica­tion for dismissing the leave petitions is allowed. Both the civil petitions accordingly are dismissed. Ed. This Case is also Reported in: V ADC (2008) 493. ...... Not represented- Respondent Nos. 3-6 & 8 (In Civil Petition No. 479 of 2005). Not represented-Respondent Nos. 3, 4 & 6-7(In Civil Petition No. 480 of 2005). Civil Petition for Leave to Appeal Nos. 479-480 of 2005. (From the judgment and order dated 7th & 8th D..

Category: Banking Law | Date: | Hits: 103

Hefazatur Rahman Tipu and others Vs. Forkanul Islam and others, 2007, 36 CLC (AD)

.... Siddique, Advocate-on-Record-For Respondent No. 1. Not repre­sented -Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 438 of 2007. (From the judgment and order dated 25.3.2007 passed by the High Court Division in Civil Order No. 1097 of 2007). Judgment......n did not commit any illegality or infirmity so as to call for any interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 443. ......yed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Abu Siddique, Advocate-on-Record-For Respondent No. 1. Not repre­sented -Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 438 of 2007. (From the judgment and order dated 25.3.2007 passed by ..

Category: Property Law | Date: | Hits: 26

Bombay Sweets & Co. Ltd. Vs. President, Appeal Tribunal, Customs, Excise & VAT, 2007, 36 CLC (AD)

....or the Respondent No. 2. Md. Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent No. 1. Civil Petition for Leave to Appeal No. 576 of 2005 (From the Judgment and Order dated January 13, 2004 passed by the High Court Division in Writ Petition No.1161 of 1998). ......riod between July 1991 and December 1994 the writ petitioner used about 47.00 kgs of P.P. films without pay­ing VAT and on the basis of report so received by the writ respondent No.2 show cause notice was issued to the writ petitioner on January 7, 1996 stating that the petitioner received il......enior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-record-For the Respondent No. 2. Md. Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent No. 1. Civil Petition for Leave to Appeal No. 576 of 2005 (From the Judgment and Order dated January 13, 2004 pass..

Category: Fiscal/Taxation Law | Date: | Hits: 69

Government of Bangladesh Vs. Dhaka Memon Anjuman, 2007, 36 CLC (AD)

....tioners. A. K. M. Shafiqul Alam, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 870 of 2006. (From the judgment and order dated the 27th April, 2006 passed by the High Court Division in Writ Petition No.8891 of 2005). J......ubstance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) (2008) 349, 20 BLT (AD) (2012) 7.......ers Involved: Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. A. K. M. Shafiqul Alam, Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 870 of 2006. (From the judgment and order dated the 27th April, 2006 pass..

Category: Property Law | Date: | Hits: 33

Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)

....s. 1-2. Muhammad Nawab Ali, Advocate-on-Record- For the Respondent No. 4. Not represented-Respondent Nos. 3. Civil Appeal No. 284 of 2001. (From the Judgment and Order dated 2nd July, 2000 passed by, the High Court Division in Writ Petition No. 2 of 1993) Judg......t fraud vitiates everything. 12. The learned Counsel for the appellant has placed before us the case of Bangladesh Vs. Amela Khatoon and others reported in 53 DLR (AD) 55 on the question of notice under section 5(1) (b) of Ordinance 54 of 1985. From paragraph No. 5 of the judgment it is c......the property in question was originally allotted to one Md. Muslim who constructed a two storied building thereon taking loan from the House Building Finance Corporation, entered into an agreement for sale on 28.1.1971 for a consideration of Tk. 60,000/- upon receipt of Tk. 40,000/- as advance a..

Category: Civil Law | Date: | Hits: 119

Most. Nurun Nahar Begum Vs. M. Abu Mohammad and others, 2007, 36 CLC (AD)

....wdhury, Advocate-on-Record-For Respondent Nos. 1& 2. Not represented- Respondent Nos. 3-15. Civil Petition for Leave to Appeal No. 449 of 2005. (From the judgment and order dated 23rd February, 2005 passed by the High Court Division in Civil Revision No. 1205 of 1994). ......sed 0.56 decimals of land out of the suit holding from pre-emptee Nos. 2-9 and have   become co-sharer by purchase. Further case of the pre-emptors is that the pre-emptee No.2 without any notice to the pre-emptors sold 0.07 decimals of land from Plot No.1358 and 04 decimals of land fro...... Hossain, Advocate-on-Record-For the Petitioners. Nurul Islam Chowdhury, Advocate-on-Record-For Respondent Nos. 1& 2. Not represented- Respondent Nos. 3-15. Civil Petition for Leave to Appeal No. 449 of 2005. (From the judgment and order dated 23rd February, 2005 ..

Category: Property Law | Date: | Hits: 33

State Vs. Md. Ruhul Amin and others, 2007, 36 CLC (AD)

....Zahirul Islam, Advocate-on-Record-For the Respondent (In Criminal Petition No. 357 of 2006). Criminal Petition for Leave to Appeal Nos. 351-358 of 2006. (From the judgment and order dated 06.08.2006 passed by the High Court Division in Criminal Appeal Nos. 3471, 3712, 3724, 3732,......l (field) and in absence of means of recognition it was not at all possible on the part of victim Shah Alam Babul to recognize convict-appellants and it was also not at all possible on his part to notice the specific parts played by each of the accused person in causing assaults upon him and hen......e-on-Record-For the Respondent (In Criminal Petition No. 356 of 2006). Zahirul Islam, Advocate-on-Record-For the Respondent (In Criminal Petition No. 357 of 2006). Criminal Petition for Leave to Appeal Nos. 351-358 of 2006. (From the judgment and order dated 06.08.2006 pas..

Category: Criminal Law | Date: | Hits: 36

Md. Shahidullah Kawser Vs. Israt Zahan Popy & another, 2007, 36 CLC (AD)

.... Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 395 of 2006. (From the judgment and order dated 24.07.2006 passed by the High Court Division in Criminal Revision No.1167 of 2000.) J......of the High Court Division and other connected papers. 6. The High Court Division held that in this case marriage was not disputed. The divorce was registered on 20.01.1996 and a copy of the notice seeking divorce was sent to complainant on 21.01.1996 and before the expiration of 90 days, ...... Judgment September 16, 2007. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 395 of 2006. (From the judgment and order dated 24.07.2006 passed by..

Category: Criminal Law | Date: | Hits: 31