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Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....s against the judgment and decree passed by a Single Bench of the High Court Division in Civil Revision No. 2170 of 1998 on 7.12.1998 discharging the Rule thereby affirming the judgment and decree dated 16.11.1997 in Title Appeal No. 25 of 1997 passed by the learned Additional District Judge, 2n......llant being added as defendant No. 4 on 24.11.1996 the suit itself was decreed on 22.1.1997 without allowing the added defendant that is the appellant two months time in view of non-issuance of any notice under section 80(1) of the Code of Civil Procedure by the plaintiff respondent and as such t......rt reversing those passed by the learned Assistant Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that ..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....nbsp; Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 2.7.2003 passed by the High Court Division in Writ Petition No. 193 of 2002 discharging the R......ter completion of his 60 years of age, he has no right to continue his service and accordingly he was duly retired from service and so there were no legal requirements for giving him any show cause notice and that Additional Superintendent of Police (North) Mymensingh on several times sent latte....... Zahirul Islam, Advocate-on-Record- For the Appellant. Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 6. Not represented- For Respondent Nos. 1-5. Civil Petition for Leave to Appeal No. 1008 of 2003 Judgment: &..Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
.... Hossain, Advocate-on-Record— For the Petitioner. B. Hossain, Advocate-on-Record — For the Respondent. Criminal Petition for Leave to Appeal No. 59 of 1989 (From the Judgment and order dated 29.5.1989 passed by the High Court Division, Jessore Bench in Criminal Appeal No. 13 of 1989).......e disapproval over the lack of restraint and sobriety which marks the offending paragraphs. 6. We may now revert to the real wrong done by the petitioner which the learned Judge did not even take notice of (which they should have). To our query, Mr. TH. Khan informed us that in the application......ade by a Division Bench of the High Court Division is treated as expunged from the judgment in question. The Code of Criminal Procedure, 1898 (V of 1898), section 498 Judicial decorum Prayer for expunging certain observations of Division Bench of the High Court Division in Criminal Appeal N..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....msul Hoque Siddique, Advocate-on-Record — For the Respondent Nos. 1-3. Not Represented— Respondent No.4. Civil Petition for Leave to Appeal No. 112 of 1990. (From the Judgment and Order dated 22 April, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 763 of 1990.) ...... (briefly BSB), respondent No.1, dated 10.4.90 (Annexure P) for sale of the industrial concern under Article 34 of the Bangladesh Shilpa Bank Order, 1972, hereafter referred to as the Order and the notice for sale of the same (Annexure Q) published in the daily newspaper "Dainik Bangla" on 12.4.90......The Constitution of Bangladesh, 1972, Articles 32 & 47 Upon a close examination of the provisions of Articles 33, 34 and 35 of the Order, it will appear that different means have been provided for enforcement of claims and realization of dues of the Bank provided the conditions mentioned in t..Category: Banking Law | Date: | Hits: 117
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....msul Hoque Siddique, Advocate-on-Record—For the Respondent No.1. Not Represented—Represented Nos. 2-3,5. Civil Petition for Leave to Appeal No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Petition No. 74 of 1989.) Judgm......der, particularly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Court Division rightly held that irregularity in the sale notice calling for public tender or non-compliance with other rules (in case of sale by private nego......ly as alleged in the present case, does not divest the Bank of its power to sell the property by private negotiation. The High Court Division rightly held that irregularity in the sale notice calling for public tender or non-compliance with other rules (in case of sale by private negotiation) have n..Category: Banking Law | Date: | Hits: 94
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....Huq Chowdhury, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate- on-Record—For the Respondent. Civil Petition For Leave to Appeal No. 13 of 1990. (From the Judgment and Order dated 14-11-89 passed by the High Court Division, Dhaka in Writ Petition No. 1701 of 1988). Judgm...... other or further order or orders passed as to this Court may seem fit and proper." 4. In the Affidavit-in-opposition filed on behalf of petitioner No.1 in the said writ petition, the facts as noticed above have not been denied, but the only plea taken for non-implementation of the recommenda...... January 29, 1990. Result: The petition is dismissed. The Martial Law Order No. 9 of 1982, Para 1A The Proclamation of Withdrawal of Martial Law, 1986, Para 5 Application praying for review of an order made under MLO-9, the CMLA is bound to consider and dispose of such an applic..Category: Criminal Law | Date: | Hits: 53
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
.... Md. Tafazzul Islam J. - This petition for leave to appeal arises out of the judgment and order dated 16.5.2005 passed by the High Court Division in Civil Revision No.6558 of 2002 discharging the......ed at Purana Paltan Line Dhaka and the defendant No.10 became guarantor for the loan and the defendants also executed several documents and the defendants having failed to repay the loan notices were issued to the defendants on 1.3.1992 claiming payment of Tk. 21,39,049.00 which was th...... Lawyers Involved: A. B. M. Bayezid, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the petitioners. Not represented-Respondents Civil Petition for Leave to Appeal No. 1180 of 2004. Judgment: ..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
.... M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference No. 31 of......he settled principle of law that judicial confession if it is found to be true and voluntary can form the sole basis of conviction as against the maker of the same. The High Court Division as noticed earlier found the judicial confession of the condemned prisoner true and voluntary and cons......te. Jail Petition No. 20 of 2004 Judgment: M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Divisio..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....nt: Md. Ruhul Amin J.- The appeal by the defendant by leave is directed against the judgment dated December 3, 1998 of a Single Bench of the High Court Division in Civil Revision No.2824 of 19......the defendant upon treating the property as vested property evicted him and thereupon leased out the land to different persons. It may also be mentioned that the implanted and internal evidence, as noticed by the appellate Court in the Power of Attorney and the Exchange deed and whereupon th......was filed seeking declaration that the order dated May 30, 1994 passed by Additional Deputy Commissioner (Revenue), Rajshahi in Exchange Case No. 342 of 1993-94 was null and void, illegal and for mandatory injunction directing the defendants to execute and register the sale deed (in respect..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....gment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 03.06.1999 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Ca......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Division. The appeal is dismissed. Ed. ......994 under sections 409/109 of the Penal Code read with section 5(2) of Act II of 1947. 2. Short facts are that one Md. Golam Mostafa, District Anti-Corruption Officer, Gazipur lodged first information report with Joydebpur Police Station alleging, inter alia, that accused Latif Newaz Wali..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....bsp; Mohammad Fazlul Karim J. – The petitioners seek leave to appeal against the judgment and order dated 11.08.2002 passed in Civil Revision No. 1670 of 1995 making the rule absolute setting aside t...... agreed to settle the dispute through arbitration. Proforma respondent Nos. 2-7 were appointed arbitrator in pursuance of a deed of Ekrar Nama dated 29.4.1985. Respondent Nos. 2-7 then served notice upon both parties who duly appeared and submitted their written statements and documents in ...... Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1824 of 2002 Judgment ..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....ppeal No. 1812 of 2002 Judgment Md. Fazlul Karim J.- The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88 of 1998 al......dent amended his plaint by inserting further statement that his past service record was clean and that the order of his termination from service 18.5.1989 was bad for stigma without any show cause notice, which is illegal and hence he is entitled to be reinstated with all benefits and there......ate-on-Record-For the Petitioners. Murad Reza, Advocate (appeared with the leave of the Court), instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the respondent. Civil Petition for leave to Appeal No. 1812 of 2002 Judgment &n..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... M. M. Ruhul Amin, J.- Delay of 1 day is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated 14.03.2005 passed by a Division Bench of the High Court Division in Writ Petition No. 3465 of......officer obtained the signature of the petitioner on the enquiry proceeding. The enquiry was conducted in gross violation of the principle of natural justice. Thereafter, second show cause notice was served on 3.11.1993 and the petitioner submitted written explanation and denied the......ellip;…..Respondent Judgment August 20, 2006 Lawyers Involved: Rokonuddin Mahmood, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on- Record for the Petitioner. Mushfiqur Rahman, Advocate-on-Record -For the Respondents. C..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....es) Civil Petition for Leave to Appeal Nos. 1049 with 1434 of 2004 Judgment MM Ruhul Amin J.- Civil Petition for leave to appeal No. 1049 of 2004 is directed against the judgment and order dated 30.06.2001 passed by a Single Bench of the High Court Division in Company Matter No. 109 of 20......the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......th the cases). Akter Imam, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1(In both the cases). Not represented- Respondent Nos. 2-5 (In both the cases) Civil Petition for Leave to Appeal Nos. 1049 with 1434 of 2004 Judgment MM Ruhul Amin J.- Civil Petition for..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....ppellant Syed Mahbubur Rahman, Advocate-on-Record- For Respondent Nos 1-3 Not represented- Respondent Nos. 4-7 Civil Appeal No. 288 of 2002 (From the judgment and order dated 15.01.2001 passed by the High Court Division in Civil Revision No. 1635 of 1995.) Judg......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ....... - This appeal by leave is directed against the judgment and order dated 15.01.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1635 of 1995 rejecting the application for restoration of Civil Revision No. 1635 of 1995 to its original file and number. 2. Short..Category: Property Law | Date: | Hits: 31
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... Shahidul Huq, Advocate-on-record- For Respondent No. 1 Not represented- Respondent Nos. 2-12 Civil Petition for Leave to Appeal No. 969 of 2005 (From the Judgment and Order dated March 12, 2005 passed by the High Court Division in Civil Revision No. 4297 of 1997) J...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ......nts Judgment August 31, 2006 Lawyers Involved: Shahidul Huq, Advocate-on-record- For Respondent No. 1 Not represented- Respondent Nos. 2-12 Civil Petition for Leave to Appeal No. 969 of 2005 (From the Judgment and Order dated March 12, 2005 passe..Category: Property Law | Date: | Hits: 24
Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)
.... by Abu Siddique, Advocate-on-Record-For respondent No.1 Not represented- Respondent Nos. 2-19 Civil Petition for Leave to Appeal No. 1059 of 2005 (From the judgment and order dated 28.06.2005 passed by the High Court Division in Civil Revision No. 3757 of 2004) ...... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ...... Subrata Saha, Advocate (appeared with the leave of the Court) instructed by Abu Siddique, Advocate-on-Record-For respondent No.1 Not represented- Respondent Nos. 2-19 Civil Petition for Leave to Appeal No. 1059 of 2005 (From the judgment and order dated 28.06.2005 passed b..Category: Election Law | Date: | Hits: 111
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
....or the Appellants. A.K.M.Shahidul Huq, Advocate-on-Record-For Respondent No.1 Ex Parte- Respondent Nos. 2-3 Civil Appeal No. 216 of 2002 (From the judgment and order dated 08.12.1999 passed by the High Court Division in Civil Revision No. 240 of 1991.) Judgm......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......sion in Civil Revision No. 240 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint District Judge), Kushtia for declaration that the soleh decree passed in Title Appeal No. 2 of 1975 by the learned Dist..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by the High Court Division in first Appeal No. 70 of 2004) Judgement......dant No.1. 3. It was further averred that the defendant Nos.1 to 4 are trying to inbond the merchandise on the basis of illegal supplementary IGM and the defendant No.5 inspite of legal notice from the plaintiff dated 25.10.2003 is trying to deliver the merchandise in favour of M/S. S......tioner Khondker Mahbubuddin Admed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by..Category: Business or Commercial Law | Date: | Hits: 121
State Vs. Sentu and others, 2004, 33 CLC (AD)
....cted by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner Not represented-Respondents Criminal Petition For Lave to Appeal No. 131 of 2003 (From the Judgment and Order dated 13.04.2003 passed by the High Court Division in Criminal Appeal No. 2624 of 1997) Judg......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ......uitting the accused respondents of the charge under sections 302/34 of the Penal Code. 3. The facts, in brief, are that on 28.06.1993 accused respondents being armed with deadly weapons formed themselves into unlawful assembly and gharaoed a mosque near the house of Md. Habibur Rahman..Category: Criminal Law | Date: | Hits: 41
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