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Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
.... is a petiÂtion for leave to appeal in respect of the judgment and order dated 10.07.2008, passed by the High Court Division in disÂcharging the Rule in Writ Petition No.3370 of 2007. 2. The facts, in brief, are that in the northÂern side of Dhaka Central Jail there has been a factory sinc......l Haque J Md. Muzammel Hossain J Warn-Me Wollen Mills Ltd……….....Petitioner Vs. The Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………..........Respondents Judgment March 21, 2010. Lawyers I......o dated 20.02.200, the responÂdent No.3 terminated the lease by giving a notice for 90 (ninety) days, invoking clause 14 of the Agreement. The legality of such termination can be decided on takÂing evidence in a civil suit but not under the writ jurisdiction of the High Court Division. 10. ..Category: Civil Law | Date: | Hits: 90
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....-Record appearing for the petitioner has failed to point out any error of law in judgment of the High Court Division in not interfering with the judgment of the court of appeal below. Considering the facts and circumÂstances of the matter, we find no merit in this petition, which is accordingly dis...... Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Asheque Ali...........Petitioner Vs. Md. Shamsul Hoque Sarder and others…........Respondents Judgment February 15, 2010. Lawyers Involved: ......sive deed. As a matter of fact, he executed a deed of mortgage at a consideration of Tk. 25,000/-. The suit is, therefore, liable to be dismissed. 4. The trial court on consideration of the evidence on record by judgment and order dated 26th February, 2003 dismissed the suit directing the ..Category: Property Law | Date: | Hits: 17
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
.... dated 26.11.2008, passed by the High Court Division, in allowing the First Appeal No.28 of 2004 and in decreeing the suit for Tk. 21,19,971.60 with interest of the rate of 8% per annum. 2.The facts of the case, in brief, are that the respondent filed a money suit being the Money Suit No. 21 ...... Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Biman Bangladesh Airlines and others………....Petitioners Vs. Al Rojoni Enterprise, repreÂsented by its Prop......nd order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disÂposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ..Category: Civil Law | Date: | Hits: 85
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....This petition for leave to appeal is directed against the judgment and decree dated 04.03.2009 passed by the High Court Division in F.A. No. 437 of 2001 dismissing the appeal with cost. 2. The facts, in short, are that the responÂdent No.1 filed a money suit being Money Suit No. 36 of 1993 i...... Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Sadharan Bima Corporation and another……………..........Petitioners Vs. LG Engineering Co. Ltd and othersâ......being the inland carrier is liable for the damages. 5. The case was heard by the learned Subordinate Judge (now Joint District Judge), 3rd Court, Dhaka and upon conÂsideration of the material evidence on record the learned Subordinate Judge was pleased to decree the suit on contest against t..Category: Business or Commercial Law | Date: | Hits: 186
Government Bangladesh and others Vs. ATM Mostafa Rashed and other, 2009, 38 CLC (AD)
....e, we find no subÂstance in the submissions of the learned Advocate for the petitioner. Accordingly the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 411. ......n (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Government Bangladesh and others……………….......Petitioners Vs. ATM Mostafa Rashed and other……â......tted that the Title Suit No.254 of 2001 is pending before the Assistant Judge, Patuakhali regarding the question of illegitimate committee which requires determination of disputed question of fact on evidence in the High Court Division ought to have discharged the Rule. 4. The High Court Divi..Category: Civil Law | Date: | Hits: 84
Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
...., passed by the High Court Division in Civil Revision No. 3629 of 2004, in discharging the Rule. 2. There is a delay of 14 (fourteen) days in filing this petition. The delay is condoned. 3. The facts leading to the filing of this petition, in brief, are that this petitioner filed a suit being ......ate Division (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J ABM Khairul Haque J Saleh Ahmed…………..................Petitioners Vs. Sreemati Rani Prava Mitra and others…………......Respondents Judgment January 26, 2010. Lawyers Involved: Abd......favour of Sumoti Bala and Rajib Kumar by 9 (nine) registered kabalas dated 24.10.1972 and 10.09.1974. The defendant No.1 also purchased 0.18 acres of land from Jogendra. The Trial Court also found on evidence that the defendants are in possession of the suit land. With these findings, the Trial Cour..Category: Limitation Law | Date: | Hits: 181
....n under Article 58(a) of the Representation of People's Order, 1972 read with Section 151 of the Code of Civil Procedure filed by the petitioner for dismissal of the said Election Petition.
2. The facts, in short, are that the responÂdent No.1 (i.e. petitioner in election Petition) filed Electio......l)
Present:
MM Ruhul Amin CJ
Md. Abdul Matin J
Md. Abdul Aziz J
BK Das J
Md. Abul Kashem……...........Petitioner
Vs.
Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others..........Respondents
Judgment
July 26, 2009.
Lawyers Involved:
Rafique-ul Huq......e no bearing upon the ultimate decision in the election petition.
With this observation this petition for leave to appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 404.
..
Category: Election Law | Date: | Hits: 116
Golam Mostafa Bhuiyan Vs. Abu Taher and others, 2009, 38 CLC (AD)
.... transferred. I find no merit in this petition. This Civil Petition for Leave to Appeal No.1442 of 2008 is therefore dismissed. Ed. This Case is also Reported in: VII ADC (2010) 400. ......late Division (Civil) Present: Md. Tafazzul Islam J Md. Abdul Aziz J SK Sinha J Golam Mostafa Bhuiyan…………....Petitioner Vs. Abu Taher and others……………Respondents Judgment August 18, 2009. Lawyers Involved......sferred. 9. I have perused the judgment of the High Court Division and those of the Courts below and heard the learned Counsels. The Court of appeal below on consideraÂtion of the documentary evidence has held that it is not clear as to in which portion of plot No.2261 the pre-emptor is in p..Category: Property Law | Date: | Hits: 33
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
....nd perused the impugned judgment and all other evidence on record. The learned Advocate for the petitioner submits that the High Court Division committed an error of law in disturbing the findings of facts arrived at by both the Courts below and on misreading of the evidence on record committed an e......il) Present: MM Ruhul Amin CJ Shah Abu Nayeem Mominur Rahman J BK Das J Shahin Mia…………….….......Petitioner Vs Parul Begum wife of Ibrahim and others…………….....Respondents Order December 17, 2009. Lawyers Invo......ned-on-record appears on behalf the of respondent nos. 1-4 and 7. 8. We have heard the submissions of the learned Advocates for both the parties and perused the impugned judgment and all other evidence on record. The learned Advocate for the petitioner submits that the High Court Division com..Category: Property Law | Date: | Hits: 43
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....eriod and therefore, there is error of law apparent on the face of the record which is required to be reviewed for the ends of justice. He furÂther submits that this court failed to appreÂciate the facts and circumstances of the case that if the ex parte decree is set aside, the respondent No.1's ......Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Riaz Uddin Ahmed…………………...Petitioner Vs Khondakar Khorshed Ali alias Khandaker Khorshed Ali being dead his heirs 1(a) Khandaker Mosiur Rahman (Khalil) and others……….......learned Counsel for the petitioner submits that it is the admitted position of the petitioner that he lives in Asham, and thus the date of knowledge of the petitioner is corroboratÂed by documentary evidence, such as, the petitioner's passport showing the date of his arrival in Bangladesh, and the ..Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....g the judgment and order dated 20.5.1999, passed by the Senior Assistant Judge, First Court, Dhaka, rejecting the prayer for pre-emption in Pre-emption Miscellaneous Case No.80 of 1991. 2. The facts in short are that one Syed Mozammel Hossain was the owner of 18J/2 decimals of land in C.S. an...... Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Muhammad Ali ....................................Appellant Vs. Mrs. Khaleda Rahman and others...........Respondents Judgment August 17, 2009. Lawyers Involved: ......pre-emptor as to the mutation and payment of rent on the basis of a separation of jama by his mother, the learned Advocate submits that this was a bona fide mistake of fact and not supportÂed by any evidence on record, as such, Rabeya Khatun the mother of the pre-emptor never ceased to be a co-shar..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....District Judge, Dhaka, in Miscellaneous Appeal No. 177 of 1977, and those dated 9.7.1977, passed by the Senior Assistant Judge, Third Court, Dhaka, in Miscellaneous Case No. 62 of 1995. 2. The facts in short are that the appellant instituted a suit being Title Suit No. 261 of 1963 in the Thir...... Present: Mohammad Fazlul Karim J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Walilullah being dead his heirs: Hassan Jahid (Babu) and others ...........Appellants Vs. Hasina Begum and others………........Responden......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..Category: Civil Law | Date: | Hits: 105
....irlines Corporation and M/S. Saudi Bangladesh Service Company Limited by allowing the application filed by the respondent under Section 42 read with Section 43 of the Arbitration Act, 2001.
2. The facts, in short, are that the arbitraÂtion related to the alleged dispute which arose between the p......adesh Services Company Limited, Orchard Plaza, 71, Nayapaltan (VIP Road), Dhaka repreÂsented by its Managing Director …...........Respondent
Judgment
March 1, 2010.
Cases Referred To-
Nand Ram Vs. Fakir Chand reported in ILR 7(1885) All 523; Hindustan Petroleum Corporation Limited Vs.......esh to do justice.
10. The arbitration tribunal framed as many as 18 issues to decide the claim and the counter claim made by both the parÂties. The tribunal, on 08.04.2006, after considering the evidence on record, the relevant exhibits filed by both the parties the written statements of the pa..
Category: Alternative Dispute Resolution | Date: | Hits: 207
Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)
....force of part V of the Act, to which sub-section (1) read with sub-section (2) of section 87, may apply. 5. This provision of law laid down by the Appellate Division cannot be disputed but the facts and circumstances of the instant case is different from those in the cited decision. On going ...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Moulvi Abdul Qudus being died his legal heirs Md. Nurul Abser and others........Petitioners Vs. The Government of the People's Republic of Banglades......e and perused the impugned judgment and order of the High Court Division and also other connected papers. 4. As it appears the High Court Division considered the plaint, written statement, the evidence on record and the judgment and decree passed by the learned Assistant Judge   and the i..Category: Property Law | Date: | Hits: 24
Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)
....dur Rahman, both opposition members of Parliament, regarding the membership of Mr. Hasibur Rahman Shawpan and Dr. Alauddin were disposed of by the Respondent No. 1, the Speaker, after considering the facts and circumstances and the provision of the constitution and Rules of Procedure of Parliament b......86; Bradlaugh Vs. Gossett 1884 (12) QBD 271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney GenÂeral wi......bring their action within the misÂchief of Article 70 of the Constitution. Thus, there is no question of vacating their seats in Parliament by the said two members. In the absence of any prima facie evidence on their resignation or casting vote against the party decision, the question of referring ..Category: Constitutional Law | Date: | Hits: 171
Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)
....ons No. 2 of the contract letter they were not employees of Central Chemical Laboratory as well as the Department of Narcotics Control. In addition to this, the petitioners did not disclose all the facts and evidences to the Hon’able Court regarding their temporary employment in the post of MLSS......ent: Mir Hashmat Ali J Md. Nuruzzaman J Md. Shafiqul Islam Talukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Banglades......of the contract letter they were not employees of Central Chemical Laboratory as well as the Department of Narcotics Control. In addition to this, the petitioners did not disclose all the facts and evidences to the Hon’able Court regarding their temporary employment in the post of MLSS and subse..Category: Employment/Service Law | Date: | Hits: 106
Secretary, Parliament SecreÂtariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)
....onal defence of the present appellant that two members of Parliament raised two substantive points of order in the Parliament as regards the membership of the concerned members. After considering the facts and circumstances of the said points of order, the provisions of the Constitution and the Rule...... Bikash Roy Choudhury J AM Mahmudur Rahman J Mahmudul Amin Choudhury J The Secretary, Parliament SecreÂtariat, Dhaka……………………….Appellant Vs. Mr. Khandker Delwar Hossain and others………….others Respondents Judgment July 29, 1999......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..Category: Constitutional Law | Date: | Hits: 138
State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)
....30 P.M. appearing in the Kotwali police Station with the abovementioned fact lodged the First Information report against fourteen accused persons including the convict appellants. 4. The short facts of the defense case are that the accused persons including the convict-appellant-respondents a......uhul Amin CJ Md. Abdul Matin J Md. Abdul Aziz J Md. Muzammel Hossain J The State............Petitioner (In all the petiÂtions) Vs. Akter Hossain @ Khokan and another……..Respondents (In Criminal Petition No. 262 of 2009) Yusuf Howlader @ Mizanu......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ..Category: Others | Date: | Hits: 66
Md. Sajjad Hossain Vs. State, 2009, 38 CLC (AD)
....ncing all of them to suffer rigorous imprisonment for life and to pay a fine of Tk. 5,000/- in default to suffer rigorous imprisonment for 3 months more in Sessions Case No. 21 of 1997. 2. The facts, in short, are that on 08.05.1995 informant Md. Enamul Haque lodged an FIR stating, inter alia......e instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.06 of 2009. (From the judgment and order dated 19.02.2008 passed by the High Court Division in Criminal Appeal No. 337 of 2002.) ......ted a knife blow on the neck of the victim and Motahar died on the spot. 10. It further appears that P.Ws.2, 3, 4, 6 and 7 have corroborated the testimony of P.W.1. It further appears that the evidence of P.W.10 Dr. Khairul Khabir also supÂports the ocular evidence of P.Ws. 11. In suc..Category: Others | Date: | Hits: 66
State Vs. Md. Shahid Bepari @ Shahidullah and others, 2009, 38 CLC (AD)
....so convicting 3(three) convict-respondents under Section 324 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 2 years with fine and acquitting others. 2. The facts, in short, are that Md. Jashim Uddin @ Bachu lodged an F.I.R. at Nikli Thana on 20.05.1998 at ......Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Md. Abdul Aziz J The State……………...Petitioner Vs. Md. Shahid Bepari @ Shahidullah and others…………....Respondents Judgment November 23, 2009. Result:......d trial. 5. The prosecution examined 18 witnesses out of them 2(two) witnesses were tenÂdered and the rest 16 witnesses were cross examined by the defence and the defence did not adduce any evidence. 6. After the examination of the prosecution witnesses, the convict-respondents we..Category: Criminal Law | Date: | Hits: 294
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