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State Vs. Matiur Rahman, 2007, 36 CLC (AD)
.... B. Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 258 of 2004. (From the judgment and order dated 4th April, 2004 passed by the High Court Division in Death Reference No. 20 of 2002 with Crim......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ......iddique Miah Vs. The State, 4 MLR (AD) 167. Lawyers Involved: B. Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 258 of 2004. (From the judgment and order dated 4th April, 2004 pa..Category: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
....ted by B. Hossain, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 181 of 2004. (From the judgment and order dated 11-04-2004 passed by the High Court Division in Death Reference No. 37 of 2001 with Criminal...... other alternative but to dismiss the same and accordingly, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: V ADC (2008) 158; (XVI) BLT (AD) 30. ...... Lawyers Involved: Golam Kibria, Deputy Attorney General, instructed by B. Hossain, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 181 of 2004. (From the judgment and order dated 11-04-2004 passed by..Category: Criminal Law | Date: | Hits: 44
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
...., Advocate-on-Record-For the Petitioner (In all cases). Not represented- Respondent (In all cases). Civil Review Petition Nos. 11-13 of 2006. (From the judgment and order dated 11.01.2004 passed by the Appellate Division in Civil Appeal Nos.259-261. of 2001). Ju...... and Requisition of Immovable Property Ordinance, 1982 provides that any person interested who has not accepted any award made by the Deputy Commissioner within 45 days from the date of service of notice of the award may make an application to the Arbitrator for revision of the award but there i......ellant—petitioners received the awarded compensation on protest. Being dissatisfied with the quantum of award money the appellant-petitioners filed Arbitration Revision Case No.1836 of 1990 before the learned Subordinate Judge (now Joint District Judge) and Arbitrator, Dhaka who dismissed t..Category: Alternative Dispute Resolution | Date: | Hits: 207
Swapan Roy and others Vs. Shashadhar Roy and others, 2006, 35 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 580 of 2005. (From the judgment and order dated 09.04.2005 passed by the High Court Division in Civil Revision No. 6823 of 2002). Jud......abala dated 30.9.1961 and on the basis of that kabala the defendant Nos.1 -3 got their names mutated in respect of 5.87 acres of land by filing Mutation Case No.83 8 of 1961-62 without serving any notice upon the co-sharers. Hence the suit. 3. The defendant Nos.1-3, 8 and 9 contested......ondents Judgment March 15, 2006. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 580 of 2005. (From the judgment and order dated 09.04.2005 passed by..Category: Property Law | Date: | Hits: 23
Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)
....zzaman, Advocate (appeared with the leave of the Court) with him], instructed by Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Appeal No. 232 of 2003 (From the judgment and order dated 19th March 2003 passed by the High Court Division in Writ Petition No. 4901 of 2002). Judgm......s dated 3.7.2002 and the writ petitioner in complying with the letter submitted the wanted documents on 8.8.2002. As the delay in issuance of C.P. will cause pecuniary loss to the writ petitioner a notice demanding justice was served upon the writ-respondent No. 1 for issuance of C.P. but with no ....... The respondent filed the said Writ Petition stating, inter alia, that in course of business he opened Letters of Credit being Nos. 1203/01/0045 dated 22.01.2002 and 1203/02/01/0172 dated 06.03.2003 for import of 10 units of re-conditioned vehicles from Japan. He opened the Letters of Credit under ..Category: Business or Commercial Law | Date: | Hits: 139
Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)
....d by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 348 of 2005. (From the judgment and order dated 08.12.2004 passed by the High Court Division in Writ Petition No. 4332 of 1999). Judgment ......cancellation of the impugned order and for placing his name at the appropriate place in accordance with the Rule but the respondents did not do so. The writ petitioner then on 02.11.1999 served a notice upon the respondents demanding justice. Thereafter, the writ petitioner moved the High Court ...... Rahman Chhana, Advocate (appeared with leave of the Court), instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 348 of 2005. (From the judgment and order dated 08.12.2004 passed by the..Category: Employment/Service Law | Date: | Hits: 86
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....e Appellant. Ataul Huq, Advocate-on-Record-For Respondent Nos. 1 & 2. Not represented- Respondent Nos.3-6. Civil Appeal No. 576 Of 2001 (From the judgment and order dated 19.6.1997 passed by the High Court Division in Civil Revision No. 74 of 1988). Judgmen......hich was registered on 16.9.73 through Court; the preemptee-appellant and his brother are strangers to the case land and though the preemptor-respondent Nos.1 and 2 are co-shares by inheritance no notice was served upon them and they also had no knowledge of the above transfer till later pa...... 2. The pre-emptor respondent Nos.1 and 2 filed the above case under section 96 of the State Acquisition & Tenancy Act, 1950 for pre-emption of the case land on the averments that the appellant and his brother Abdus Sam..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....nior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not represented- the Respondent. Civil Appeal No. 03 of 2000 (From the judgment and order dated 29.11.1993 passed by the High Court Division in First Appeal No.238 of 1991). Judgment......umstances, the plaintiff claimed that the forfeiture was illegal. 3. The defendant contested the suit by filing written statement contending that the terms and conditions of the tender notice constituted the contract of sale of the suit property between the parties as soon as the ten......ree dated 29.11.1993 passed by a Division Bench of the High Court Division in First Appeal No.23 8 of 1991 allowing the appeal and thereby dismissing the suit filed by the plaintiff-appellant for refund of Tk. 15,00,0007-being earnest money forfeited by the defendant-respondent. 2. T..Category: Property Law | Date: | Hits: 33
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
.... Mohammad Nazrul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civil Appeal No. 186 of 2000 (From the judgment and order dated 20.7.1997 passed by the Administrative Appellate Tribunal Appeal No. 163 of 1995). Judgm...... No. 44 of 1995 on the averments that while he was serving as the Manager of Sonali Bank, Mongalbarihat Branch, Naogaon a departmental proceeding was started against him by issuing show cause notice dated 16.2.1993 containing allegations of negligence of duties, breach of instructions,...... off with a censure and at a subsequent stage a huge number of irregularities having been detected in the above Branch during his tenure, the respondent No.1 was again posted at that Branch twice affording him adequate opportunities for regularising all the irregular loans but, he failed to..Category: Administrative Law | Date: | Hits: 104
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....y A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 191 of 2004. (From the judgment and order dated 12.05.2004 passed by the High Court Division in Criminal Appeal No. 381 of 2000). Judgme......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ...... Lawyers Involved: M. Enayetur Rahim, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 191 of 2004. (From the judgment and order dated 12.05.2004 passed by th..Category: Criminal Law | Date: | Hits: 43
Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)
....tructed by Abu Siddique, Advoate on-Record-For Respondent No.1. Not represented-Respondent No.2. Criminal Petition for Leave to Appeal No. 192 of 2006. (From the judgment and order dated 30.03.2006 passed by the High Court Division in Criminal Appeal No. 4561 of 2003). Ju......nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ......rd-For the Petitioner. Khan Saifur Rahman, Senior Advocate, instructed by Abu Siddique, Advoate on-Record-For Respondent No.1. Not represented-Respondent No.2. Criminal Petition for Leave to Appeal No. 192 of 2006. (From the judgment and order dated 30.03.2006 passed by th..Category: Criminal Law | Date: | Hits: 36
Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)
....te-on-Record-For the Petitioner (In both the cases) Not represented-Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 392 & 393 of 2003 (From the judgment and order dated 23.11.2002 passed by the High Court Division in Civil Revision Nos. 258 & 259 of 1998) ......on record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: IV ADC (2007) 889. ...... Mahbubuddin Ahmed, Senior Advocate, instructed by Md. S.R. Khoshnabish, Advocate-on-Record-For the Petitioner (In both the cases) Not represented-Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 392 & 393 of 2003 (From the judgment and order dated 23.11.2002 pass..Category: Tenancy Law | Date: | Hits: 155
Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)
.... Mahbubey Alam, Senior advocate, instructed by Abu Siddique, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 316 of 2006. (From the judgment and order dated 20-10-2005 passed by the High Court Division in Civil Revision No. 2637 of 2005). Judg......il Revision No.70 of 2004, 13 of 2005 and 24 of 2005 have been filed before the learned District Judge by the defendant opposite parties and it appears that in those revisional applications the notices upon the defendant No.7 was served in the Narayanganj address and taking this aspect into ......nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Mahbubey Alam, Senior advocate, instructed by Abu Siddique, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 316 of 2006. (From the judgment and order dated 20-10-2005 passed by th..Category: Property Law | Date: | Hits: 24
Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)
....zzam Hossain ..........Appellant Vs. Bangladesh Bank and ors.......Respondents Judgment April 4, 2005. Civil Appeal No. 111 of 1999 (From the Judgment and order dated 10th May, 1999 passed by the High Court Division in Writ Petition No. 3006 of 1998). L......omatically vacated on the expiry of two months from 9.9.95. 2. The appellant obtained the above Rule on the averments that on 3.9.95 National Bank Ltd. through Bangladesh Bank, issued a notice upon him under section 17 of Act 1991 directing him to settle his outstanding liability with......order dated 17.9.98 (Annexure A) issued by the respondent No.2, General Manager of Bangladesh Bank, the respondent No.1, under section 17(1)(c) of the Bank Companies Act, 1991 (Act XIV/1991) informing National Bank Ltd, the respondent No.3, that the directorship of the appellant in that Ban..Category: Banking Law | Date: | Hits: 112
Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)
....by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Sufi a Khatun, Advocate-on-Record-For the Respondents Civil Preview Petition No. 13 of 2005. (From the Judgment and Order dated August 31, 2004 passed by the Appellate Division in Civil Appeal No. 181 of 2000). Jud......n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ......, Sujanagar in Other Class Suit No. 48 of 1983 dismissing the same. 2. The suit was filed seeking declaration of title in respect of the land in suit. Grounds raised in support of the prayer for review in our view can in no way be considered ground for review. The contentions raised i..Category: Procedural Law | Date: | Hits: 79
Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)
....d-For the Petitioner. Abul Quasem, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-4 Civil Review Petition No.6 of 2005 (From the judgment and order dated 03-03-2003 passed by this Division in civil petition for leave to Appeal No. 356 of 2002). ......e of review. Hence, we find no ground to review of our judgment. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 860. ......d-For Respondent No.1 Not represented-Respondent Nos. 2-4 Civil Review Petition No.6 of 2005 (From the judgment and order dated 03-03-2003 passed by this Division in civil petition for leave to Appeal No. 356 of 2002). Judgment Syed J. R. Mudassir Husain CJ. - This ..Category: Property Law | Date: | Hits: 53
Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)
.... instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 654 of 2005 (From the judgment and order dated 9th May, 2005 passed by the High Court Division in Matter No. 4 of 2005). Judgment Md.......he company, was appointed the chairman of the company; a meeting of the Board of Directors for appointment of new directors and increasing the shares in the company was also held in Dhaka on 6.6.2004 notice of which was duly issued by the petitioner who at that time was the managing director of the ...... M.A. Aziz Khan, Advocate (appeared with the leave of the Court) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 654 of 2005 (From the judgment and order dated 9th May, 2005 passed by th..Category: Business or Commercial Law | Date: | Hits: 151
Jagabandhu Sarker and others Vs. Jotish Chandra Sikder and others, 2005, 34 CLC (AD)
....ab Ali, Advocate-on-Record-For Respondent No. 1-8, 12, 13 and 58. Not represented-Respondent Nos. 9- 11, 14-57 & 59-71. Civil Appeal No.44 of 2000. (From the Judgment and Order dated November 22, 1998 passed by the High Court Division in Civil Revision No. 705 of I 1995). ......ns made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 849. ......y leave against the judgment dated November 22,1998 of the High Court Division in Civil Revision No. 705 of 1995 making the rule absolute and thereupon sending the suit back to the trial Court for re-hearing in the light of the observation made by the lower appellate Court and with further ..Category: Property Law | Date: | Hits: 19
Harunar Rashid Sheikh and others Vs. Dr. Badiuzzaman Mallik and others, 2006, 35 CLC (AD)
....cate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-14 Civil Petition for Leave to Appeal No. 1303 of 2004. (From the judgment and order dated 20th April, 2004 passed by the High Court Division in Civil Revision No. 2020 of 1995)......f possession on 10.9.1942 through court; subsequently the plaintiff in Non-Judicial Miscellaneous Case No.46 of 1943 annulled all the encumbrances upon the suit land after due service of notice under section 167 of the Bengal Tenancy Act 1885; as the ex-tenants did not give up possessi......ioners. Harendra Nath Nandi, Advocate instructed by Prinash Chandra Biswas, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-14 Civil Petition for Leave to Appeal No. 1303 of 2004. (From the judgment and order dated 2..Category: Property Law | Date: | Hits: 63
Md. Abul Hossain and others Vs. Abdul Hamid Mandal and others, 2007, 36 CLC (AD)
....e Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Not Represented-Respondent No. 2. Civil Appeal No. 168 of 2002 (From the judgment and order dated 28th June, 1999 passed by the High Court Division in Civil Revision No. 3737 of 1995). J......egards the talk of sale drawing up of the deed of kabala and execution thereof. P.W. 4 as well conducted P.W. regarding payment of money on the date when the talk was held. The High Court Division noticed the contradictions holding that the Court of Appeal below as the last (Court) of fact ......1993 reversing those of the Assistant Judge, Pangsa, Rajbari, dated 28.04.1993 in Title Suit No. 44 of 1985 dismissing the same. 2. The leave petitioner filed the Title Suit No. 44 of 1985 before the Assistant Judge, Pangsa, Rajbari, seeking for a decree of specific performance of contrac..Category: Property Law | Date: | Hits: 30
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