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Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)
....y A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1183 of 2005. (From the Judgment and Order dated May 11, 2005 passed by the High Court Division in Civil Revision No. 749 of 1996). Ju......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ......06. Lawyers Involved: Kamal-ul-Alam, Advocate instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1183 of 2005. (From the Judgment and Order dated May 11, 2005 passed ..Category: Property Law | Date: | Hits: 24
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)
.... Zahirul Islam, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 passed by the High Court Division in Company Matter No. 106 of 2003). ......ing of the company for the calendar year 2002 was held on 23.03.2002; as per provision of law and its Articles of Association the company convened it's 20th Annual General Meeting on 28.4.2003 by a notice dated 7.4.2004 and also took all preparations for holding the said Annual General Meeting o......Record-For the Petitioner. Razaul Hasan, Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 pas..Category: Business or Commercial Law | Date: | Hits: 78
Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)
....angir, Advocate-on-record-For the Petitioners Md. Nawab Ali, Advocate-on-record-For the Respondent Civil Petition for Leave to Appeal No. 1475 of 2004 (From the Judgment and Order dated August 31, 2004 passed by the High Court Division in Civil Revision No. 2072 of 2000) ......mitted its report against 5 employees including the plaintiff with the finding that the said employees misappropriated materials of the WAS A and thereupon plaintiff and thereupon issued show cause notices to the said 5 persons including the plaintiff, that as per the disciplinary rules as the p...... Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-record-For the Petitioners Md. Nawab Ali, Advocate-on-record-For the Respondent Civil Petition for Leave to Appeal No. 1475 of 2004 (From the Judgment and Order dated August 31, 2004 passe..Category: Employment/Service Law | Date: | Hits: 64
Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)
....cord-For the Appellants. Mahbubey Alam, Senior Advocate, instructÂed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Appeal Nos. 117-118 of 1998 (From the judgment and order dated 13.08.1995 passed by the High Court Division in Civil Revision No. 1222 of 1981 with Second Ap......nd late Khondker Abdus salam, predecessor of defendant Nos. 1-4, was a monthly tenant in the premises at a monthly rent of Tk. 15/- under Baidyanath Chatterjee and thereafter under the plaintiffs and notice under section 106 of the Transfer of Property Act was duly served upon the defendant-appellan......y decreeing both the Title Suit Nos. 984 of 1962 and 134 of 1964. 2. Title Suit Nos. 134 of 1964 and 984 of 1962 were filed by the plaintiff respondents in the 1st Court of Assistant Judge, Khulna for ejectment of the defendant appellants as monthly tenants from Municipal holding Nos. 13 and 12 r..Category: Property Law | Date: | Hits: 34
Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)
.....S.M. Khalequzzaman, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 932 of 2004 . (From the judgment and order dated 24th April 2004 passed by the High Court Division in Appeal from Original Decree No. 308 of ...... 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: 12 MLR (AD) 2007, 14. ...... 1908), Order XXII, rule (2) Substitution of heirs where the right to sue survives after death either of the plaintiff or of the defendant, even though the period of limitation expires for such substitution, application under section 5 of the Limitation Act, 1908 showing sufficient c..Category: Procedural Law | Date: | Hits: 75
Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)
....ted by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 1039 of 2002 (From the judgment and order dated 30.04.2002 passed by the Administrative Appellate Tribunal in Appeal No.79 of 2000). ......s denying all the material allegations. A board of enquiry was constituted for holding enquiry but without holding any enquiry properly they submitted a report to the authority. A second show cause notice was served upon the petitioner. He accordingly replied to the same denying all the allegati...... Lawyers Involved: Al-Haj Gius Uddin Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Civil Petition for leave to Appeal No. 1039 of 2002 (From the judgment and order dated 30.04.2002 passed ..Category: Criminal Law | Date: | Hits: 41
Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)
....nt Nos. 1 & 2. Ajmalul Hosein, QC.Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 3. Civil Appeal No.126 of 2005 (From the judgment and order dated 29.03.2005 passed by the High Court Division in F. M. A. No.66 of 2005). Judgment Amir...... the period for filing an appeal has been mentioned and it has also been mentioned that such appeal is to' be filed subject to sub-section (2) of Section 41 of the Ain prescribing, as we have already noticed, the requirement of submission of proof of deposit of 50% of the decretal amount. If the pro......High Court Division admitting the appeal being F. M. A. No. 66 of 2005 and staying operation of the order dated 17.02.2005 passed by Artha Rin Adalat No.4, Dhaka. 2.The facts, in short, necessary for the disposal of the appeal are that the respondent No. 1 borrowed Tk.50,000,00/- from respondent..Category: Civil Law | Date: | Hits: 132
Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)
....For the petitioners (In both the cases). Not represented- Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 751-52 of 2004. (From the judgment and order dated 13.3.2004 passed by the High Court Division in Writ Petition Nos.2996 and 2997 of 2001). ......g no knowledge about the contents of the files referred to in the judgments under consideration and being not a party to the alleged irregularities and being a bonafide purchaser for value without notice, cannot be denied of their title and interest in the above plot. 4. As it appears the...... Rahman, Senior Advocate, instructed by S.R. Khoshnabi, Advocate-on-Record- For the petitioners (In both the cases). Not represented- Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 751-52 of 2004. (From the judgment and order dated 13.3.2004 passed..Category: Property Law | Date: | Hits: 41
Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)
....; Md. Nawab Ali, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Appeal No. 133 of 2003 (From the judgment and order dated 30.6.2002 passed by the High Court Division in Civil Revision No.1727 of 1995.) Judgm......t Md. Dewan Ali claiming him as the co-sharer in the case holding alleging that said Md. Dewan Ali is a stranger-purchaser and Saleha Bibi sold the case land to him (Md. Dewan Ali) without serving notice under section 89 of the State Acquisition and Tenancy Act upon him. 3. Md. Dewan Al...... waiving his right arises. [Obiter] Right of pre-emption accrues to the pre-emptor only after the case land is sold to the purchaser pre-emptor by its owner. It does not arise before sale and any such right before sale is an inchoate and immature right. Therefore no conduct of..Category: Property Law | Date: | Hits: 32
Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)
.... A.K.M. Shahidul Huq, Advocate on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 555 of 2005. (From the judgment and order dated 2.3.2005 passed by the High Court Division in Civil Revision No. 4260 of 2002). Judgme......rmity in the decision of the High Court Division so as to call for any interference. 6. The petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 196. ......structed by Sufia Khatun, Advocate-on-Record- For the Petitioner. A.K.M. Shahidul Huq, Advocate on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 555 of 2005. (From the judgment and order dated 2.3.2005 passed by th..Category: Property Law | Date: | Hits: 23
Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....wab Ali, Advocate-on-record- For the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 384-388 of 2006 (From the judgment and order dated 30.08.2005 passed by the High Court Division in Writ Petition No.5513 of 1996). Judgme......ioner and her family members has been chosen at the instigation of some influential persons who are jealous of the petitioner and her family members. 13. The petitioner has not received any notice under Section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 and......sp; Fida M. Kamal, Attorney General instructed by Md. Nawab Ali, Advocate-on-record- For the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 384-388 of 2006 (From the judgment and order dated 30.08.2005 passe..Category: Property Law | Date: | Hits: 31
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....hbubar Rahman, Advocate-on-Record- For the Petitioner None Represented- For Respondents Civil Petition for Leave to Appeal No. 298 of 2006. (From the judgment and order dated the 31st August, 2005 passed by the High Court Division in Civil Rule No.524(F) of 2005 aris......al would be infractuous; that having regard to the fact that the lease was cancelled by the respondent No.3 under its memo No.1983 dated 05.07.1995 without giving any opportunity or any show cause notice before publication of the alleged Compensation Assessment Roll dated 04.07.1996 by the Respo......wyers Involved: M.A. Samad, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner None Represented- For Respondents Civil Petition for Leave to Appeal No. 298 of 2006. (From the judgment and order dated the 31st August, 200..Category: Property Law | Date: | Hits: 50
Master Jainul Abedin Vs. Haji Salamullah Khan & others, 2007, 36 CLC (AD)
.... Not represented- Respondent Nos. 2-26. Civil Petition for Leave to Appeal No.108 of 2006. (From the judgment and order dated 13.08.2005 passed by the High Court Division in Civil Revision No. 3366 of 1996.) Judg......-sharer by inheritance in the case holding. One Nazir Ahmed disclosed on 25th Magh 1392 B.S. that Tamizur Rahman had transferred the case land on 11.02.1982 in favour of the pre-emptee Nos.1-5. No notice of the kabala under pre-emption was served under section 89 of the State Acquisition and Ten......o. 1. Not represented- Respondent Nos. 2-26. Civil Petition for Leave to Appeal No.108 of 2006. (From the judgment and order dated 13.08.2005 passed by ..Category: Property Law | Date: | Hits: 29
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....on-Record- For the Petitioner None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 2006 passed by the High Court Division in Criminal Appeal No.1040 of......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ......air Farooq, Senior Advocate, instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioner None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 20..Category: Criminal Law | Date: | Hits: 40
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....nvolved: Md. Amir Hossain, Advocate on-Record- For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No.1336 of 2002. (From the judgment and order dated 11.02.2002 passed by the High Court Division in Civil Revision No.4088 of 1991.) Judgment ......as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ................Respondents Judgment February 24, 2004. Lawyers Involved: Md. Amir Hossain, Advocate on-Record- For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No.1336 of 2002. (From the judgment and order dated 11.02.2002 passed by the ..Category: Tenancy Law | Date: | Hits: 174
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
.... Not represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 429 of 2005 (From the judgment and order dated 04.12.2004 passed by the High Court Division in Civil Revision No.1261 of 2000.) Judgm......- and the paid rent up to April, 1996 but thereafter defaulted in payment of rent with effect from May 1996 and thus rendered himself liable to be evicted and that the plaintiff respondent issued notice under Section 106 of the Transfer of Property Act upon the defendant and so the relationship......d- For Respondent No.1. Not represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 429 of 2005 (From the judgment and order dated 04.12.2004 passed by..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....cted by Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- For Respondent No. 2. Civil Petition for Leave to Appeal No. 599 of 2005. (From the judgment and order dated 13th March, 2005 passed by the High Court Division in Civil Revision No.1541 of 2001) Judgm......fixing tin over there and opened an additional door by breaking the wall of the suit premises and sub-let the said suit premises to one Swapan Kumar and thereby the respondent was constrained to send notice under Section 106 of the Transfer Property Act by registered post with A/D through his lawyer......ate-on-Record- For the Petitioner. S. M. Monir, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- For Respondent No. 2. Civil Petition for Leave to Appeal No. 599 of 2005. (From the judgment and order dated 13th March, 2005 passed b..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- For Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.1376 of 2004. (From the Judgment and Order dated June 19, 2004 passed by the High Court Division in Civil Revision No.3395 of 2002) Judgmen......d the suit. 12. As against the judgment and decree of the appellate Court 12 defendants moved the High Court Division in revisional jurisdiction and obtained Rule. 13. The High Court Division noticed the finding of the appellate Court that the Amalnama of Hanif Sarker is of recent origin sin......ucted by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- For Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.1376 of 2004. (From the Judgment and Order dated June 19, 2004 passed by ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
....-record- For the Petitioners. Chowdhury, Md. Zahangir, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 1572 of 2004 (From the judgment and order dated 11.11.2003 passed by the High Court Division in Writ Petition No. 6127 of 2001). Judgm......lief’s making the rule absolute in the writ petition which itself was not maintainable. 9. We have considered the submissions and perused the materials on record. 10. As already noticed the writ respondents i.e. the petitioners herein did not file any affidavit-in-opposition ......, Deputy Attorney General, instructed by Mvi. Md. Wahidullah, Advocate-on-record- For the Petitioners. Chowdhury, Md. Zahangir, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 1572 of 2004 (From the judgment and order dated 11.11.2003 passed b..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
.... Lutfunnessa vs. Nazimuddin Ahmed and others, 40 DLR 232; Khaled Akbar Vs The Government of Bangladesh and others, 42 DLR 66. Civil Appeal Nos. 259-61 of 2001 (From the judgment and order dated 03.03.1998 passed by the High Court Division in Writ Petition Nos.2153, 2154 & 2155 of 1...... 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...... assessment was prepared on 16.10.1991. The petitioner received the award on protest. The petitioner being dissatisfied with the quantum on award filed Arbitration Revision Case No. 1836 of 1990 before the learned Subordinate Judge (now Joint District Judge) and Arbitrator, Dhaka who by his judg..Category: Property Law | Date: | Hits: 27
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