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Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)

.... petitioner (pre-emptee) seeks leave to appeal against the judgment and order dated 15-03-2006 passed by a Single Bench of the High Court Division in Civil Revision No.4966 of 2003 discharging the Rule and affirm­ing the Order No. 142 dated 25-10-2003 passed by the learned Senior Assistant J......after referred as opposite party No.1 preferred Civil Revision No. 8 of 1996 in the High Court Division against the judgment and order of the appellate court below and the rule was issued and made absolute setting aside the same. The petitioner preferred civil petition for leave to appeal before..

Category: Property Law | Date: | Hits: 27

Haji Md. Selim Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)

.... for Leave to Appeal at the instance of the petitioner is directed against the judg­ment and order dated 25.10.2005 passed by the High Court Division in Writ Petition No.4183 of 1998 discharging the Rule. 2. The facts leading to the case are that the petitioner in course of his business opened ......­stance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 777; 17 MLR (AD) (2012) 249. ..

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

Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)

....ave to Appeal at the instance of the petitioners is directed against the judg­ment and order dated 23.11.2005 passed by the High Court Division in Civil Revision No.1481 of 2001 discharging the Rule arising from judgment and decree dated 28.01.2001 passed by the learned Additional District Ju...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ..

Category: Property Law | Date: | Hits: 38

Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)

....; Md. Tafazzul Islam J. - This petition for leave to appeal arises out of the judgment and order dated 5.11.2007 of the High Court Division passed in Civil Revision No.3516 of 2002 discharging the Rule. 2. Facts, in brief, are that the petitioners and others filed Miscellaneous Case No.5 ......re is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ..

Category: Property Law | Date: | Hits: 23

Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)

....d. Abdul Matin J.- This petition for leave to appeal is directed against the judgment and order dated 01.08.2005 passed by the High Court Division in Civil Revision No.1283 of 2000 discharging the Rule affirming the appellate court's judg­ment and decree dated 29.11.1999 passed by the learne...... and disposed of the said Civil Revision by the judgment and order dated 16.11.1994 sending the case back on remand to the appellate court below for deciding the appeal on merit by making the Rule absolute. Subsequently the learned Additional District Judge, Court No.1, Khulna by the judgment a..

Category: Property Law | Date: | Hits: 32

Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)

....efendant/petitioner, is directed against the judgment and order dated 9.2.2006  and 12.2.2006 of the High Court Division passed in Civil Revision Case No.3714 of  2000 making absolute the Rule obtained against the judgment and decree dated  17.7.2000 of the learned Additional Dist......ance of the defendant/petitioner, is directed against the judgment and order dated 9.2.2006  and 12.2.2006 of the High Court Division passed in Civil Revision Case No.3714 of  2000 making absolute the Rule obtained against the judgment and decree dated  17.7.2000 of the learned Ad..

Category: Property Law | Date: | Hits: 26

Md. Yasin Khan and others Vs. Ayub Ali Khan and others, 2008, 37 CLC (AD)

....udgment Mohammad Fazlul Karim J.- This Appeal, by leave, is directed against the judgment and order dated 03.11.1998 passed by the High Court Division in Civil Revision No. 147 of 1995 making the Rule absolute setting aside the judgment and decree dated 17.08.1994 passed by the Subordinate Judge......nt Mohammad Fazlul Karim J.- This Appeal, by leave, is directed against the judgment and order dated 03.11.1998 passed by the High Court Division in Civil Revision No. 147 of 1995 making the Rule absolute setting aside the judgment and decree dated 17.08.1994 passed by the Subordinate Judge, 3rd..

Category: Property Law | Date: | Hits: 31

Government of Bangladesh and others Vs. Md. Abdul Halim Miah and (3) others, 2003, 32 CLC (AD)

....(Annexure-H) where in the seniority of the writ petitioner respondents were counted from the date of their ad-hoc appointments. 4. In the meantime Ad-hoc Service Counting (Seniority Determination) Rules, 1990 was published in Gazette Notification dated 8.111990 vide Annexure-k and the relevant pr...... Writ Petition No. 5362 of 2000). Judgment Mohammad Fazlul Karim J.- All these appeals by leave arose out of the same and sin­gle judgment and order of the High Court Division making the rules absolute in Writ Petition Nos. 62 of 2000 and 5362 of 2000 declaring the impugned order in Memo date..

Category: Employment/Service Law | Date: | Hits: 118

Superintendent Engineer, RHD Sylhet & others Vs. Md. Eunus & Brother (Pvt) Ltd. & ors, 2009, 38 CLC (AD)

....456, 6461 and 6457 of 2003 respectively). Judgment Mohammad Fazlul Karim J.- These appeals by leave are directed against the judgments and orders passed by the High Court Division in making the Rules absolute with directions in Writ Petition Nos. 3570, 6895, 6456, 6461 and 6457 of 2003. In all......461 and 6457 of 2003 respectively). Judgment Mohammad Fazlul Karim J.- These appeals by leave are directed against the judgments and orders passed by the High Court Division in making the Rules absolute with directions in Writ Petition Nos. 3570, 6895, 6456, 6461 and 6457 of 2003. In all these..

Category: Civil Law | Date: | Hits: 212

S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)

....king any construction and/or changing the nature and character of the land as described in schedule ‘B’ of the plaint and on 19.6.2002 the plaintiff filed an application under Order VI Rule 17 of the Code of Civil Procedure in the above suit praying for amendment of the plaint statin......aring of the suit. 5. Further, in a review petition there is no scope for rehearing. The review petition is dismissed. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 24

Commissioner of Customs and others Vs. Faridul Alam, 2009, 38 CLC (AD)

....ul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 7.5.2009 of the High  Court Division passed in Writ Petition No.2775 of 2009 making absolute the Rule obtained challenging the inaction of the petitioner Nos. 1-3 for releasing the goods imported ......; Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 7.5.2009 of the High  Court Division passed in Writ Petition No.2775 of 2009 making absolute the Rule obtained challenging the inaction of the petitioner Nos. 1-3 for releasing the go..

Category: Fiscal/Taxation Law | Date: | Hits: 62

Mrs. Zinnatul Ara & ors Vs. Government of the People’s Republic of Bangladesh, 2009, 38 CLC (AD)

..... Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 1.2.2009 of the High Court Division passed in Writ Petition No. 7492 of 2005 discharging the Rule. 2. Facts, in brief, are that the petitioners filed the above writ petition calling in ......there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in:   ..

Category: Civil Law | Date: | Hits: 88

Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)

....l Islam J.-   This petition for leave to appeal is directed against the judgment and order dated 2.11.2008 of the High Court Division passed in Civil Revision No. 3989 of 2007 making the Rule absolute subject to payment by the defendant petitioners to the plaintiff respondent No.1 a su......am J.-   This petition for leave to appeal is directed against the judgment and order dated 2.11.2008 of the High Court Division passed in Civil Revision No. 3989 of 2007 making the Rule absolute subject to payment by the defendant petitioners to the plaintiff respondent No.1 a sum of ..

Category: Property Law | Date: | Hits: 28

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Two

.... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ...... this witness at the gat of the house of the President and also the statement of this witness that he saw Mohiuddin (Lancer) and his force bringing Bangabandhu down to the ground floor. ..

Category: Criminal Law | Date: | Hits: 274

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Three

....he subject no such deduction could be made. Defence cross-examined the analyst. The Magistrate allowed the defence to rely on this evidence, dealt with it as being the evidence in the judgment. The Rule, against the conviction was heard before two Judges, both of whom agreed that the conviction ...... the question as to the court before which the proceedings are to be instituted for the determination of the Government, whose order upon such reference shall be final.’’  ..

Category: Criminal Law | Date: | Hits: 229

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Four

.... by delivering them to the military authority. 504. On perusal of the Order No.11 dated 24.03.1997, it appears that the learned Sessions Judge sent a notice to the Chief of Staff Army under Rule 2 of Cr.P.C. Rule (Military Offenders), 1958 in respect of the trial in the Sessions Court. I......der of Lt. Col. Mohiuddin Ahmed (Artillery) they fired four balls of cannon and after some time by the order of Lt. Col. Mohiuddin Ahmed (Artillery) their cannons were returned to the barrack. ..

Category: Criminal Law | Date: | Hits: 208

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Five

....ore the criminal justice system are to balance the rights of the citizen as well as of the accused while dispensing speedy and effective justice in order to ensure a welfare state for its citizens. Rule of law is meaningless unless there is access to justice for the common people. Plea o......Department Building in Washington D.C. The underlying assumption in both is that law is the very antithesis of arbitrary power. The United States was self-consciously modeled in opposition to the absolute monarchies of eighteenth-century Europe. The tyranny of an autocratic ruler was what parti..

Category: Criminal Law | Date: | Hits: 228

Major Md. Bazlul Huda (Artillery) and others Vs. State, 2009, 38 CLC (AD)_Part Six

.... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ...... the needs of changing society in the light of the observations made above. In view of the lack of proper law, I am unable to use the digital evidence produced by the prosecution in this case. ..

Category: Criminal Law | Date: | Hits: 291

Rowshan Ara Begum & ors Vs. Sitakundu Chandra Nath Chatuspaty Tole & ors, 2006, 35 CLC (AD)

....by the defendants of the respective suits, by leave, are against the judgment dated April 9, 1997 in Civil Revision No.7556 (heard along with Civil Revision Nos.7557 and 7558 of 1991) discharging the Rules obtained against the judgment and decree dated July 28, 1991 of the 2nd Court of Subordinate J......High Court Division we do not find any infirmity of the kind calling for interference. Accordingly the appeals are dismissed with costs. Ed. This Case is also Reported in: VI ADC (2009) 721. ..

Category: Tenancy Law | Date: | Hits: 176

Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)

....This petition for leave to appeal is directed against the judgment and order dated 15.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.2862 of 1995 disposing of the Rule with modification. 2. Short facts are that the plaintiffs instituted Partition Suit No.......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ..

Category: Property Law | Date: | Hits: 22