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Mst. Jahanara Khatun Vs. Md. Nurul Islam, 2006, 35 CLC (AD)
....ate, instructed by Chowdhury Md. Zahangir, Advocate-on- Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Civil Appeal No.78 of 2003. (From the Judgment and Order dated August 16, 2001 passed by the High court Division in civil Revision No.255 of 2000) Judgmen......im made construction on the southern side of the shop No.1 and also installed illegal electric connection in the shop, that the defendant caused disturbance to the other tenants of the market, that notices under Section 106 of the transfer of Property Act were served on October 19, 1996 and Decemb......itional assistant judge, sadar, Gazipur in house rent case No. 1 of 1997 decreeing the same. 2. The suit was filed seeking ejectment of the monthly tenant on the ground of bonafide requirement and for unauthorized activities as well as causing annoyance and disturbance to the other tenants. 3...Category: Tenancy Law | Date: | Hits: 180
Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)
....ructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondents Civil Appeal No. 47 of 2002 (From the judgment and order dated 01.03.1999 passed by the High Court Division in Civil Revision No. 3039 of 1993) Judgm......ould proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. 17. We have already noticed that the parties and subject matter of both the suits are almost same. It furthers appears ......decree of 11th February 1979 obtained in Title Suit No. 225 of 1977 by the defendant petitioner declaring his title and the Title Suit No. 64 of 1992 has been filed by plaintiff respondent Nos.1-6 for khas possession and for eviction of the monthly tenants of the defendant-petitioner. ..Category: Procedural Law | Date: | Hits: 105
Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)
....pellants Mohammad Nazrul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on- Record-For the Respondent Civil Appeal No. 143 of 2003 (From the Judgment and Order dated November 19, 2001 passed by the High Court Division in Civil Revision No. 4869 of 2000) ......he College to teach religion as well as Pesh Imam of Pabna Cadet College Mosque and he joined in the Pabna Cadet College (the College) on April 1,1983, that in 1992 he was served with a show cause notice containing allegations of his being directly involved in 'Jamaat and Shibir' political ideas...........Respondent Judgment July 30, 2006. Cases Referred to- Mohammed Abdul Nairn Vs. the Chairman, Board of Director, Sonali Bank, Head office and others (Civil Petition for Leave to Appeal No. 298 of 1994); Md. Arfan Ali Vs. Sonali Bank and others (Civil Petition for..Category: Employment/Service Law | Date: | Hits: 113
Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
....cate-on–Record-For the Respondents. Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No.2999 of 1999) Judgmen......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......e, that the plaintiffs, i.e. respondent Nos. 2 and 3 have the exclusive right to the Mazar and the Mosque. They are exclusively entitled to collect the Mazar and other donations and also for a direction upon the respondent No. 5 (defendant No.10 in the suit) to hand over cash and kind ..Category: Trust/Waqf Law | Date: | Hits: 190
Runu Akhter Vs. Md. Barkat (Boston) alias Md. Kamal Hossain @ Boston, 2004, 33 CLC (AD)
.... M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed by the High Court Division, in Criminal Miscellaneous Case No. 4662 of 2...... The respondent will remain on bail for a period of 3 (three) months from date. The petitioner is directed to prepare paper book out of court in accordance with Rules. Ed. ......-on-Record-For the Petitioner. M. A Malek, Senior, Advocate (S. M. Munir, Advocate with him), instructed by Mahbubur Rahman, Advocate-on-Record-For the Respondent. Criminal Petition for leave to appeal No. 221 of 2004 (From the Judgment and Order dated 24 July 2004 passed b..Category: Criminal Law | Date: | Hits: 31
Mahabubul Goni Vs. State, 2005, 34 CLC (AD)
....vash Chandra Biswas, Advocate-on-Record-For Respondent No. 2 Not represented-Respondent No. 1 Criminal Petition for leave to Appeal No. 92 of 2004 (From the Judgment and Order dated 21.03.2004 passed by the High i Court Division in Criminal Miscellaneous Case No. 2250 of 20......ion made above we do not find that the High Court Division committed any error in the decision in discharging the rule. Hence the leave petition having no merit is dismissed. Ed. ......Mvi. Md. Wahidullah, Advocate-on- Record- For the Petitioner Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 2 Not represented-Respondent No. 1 Criminal Petition for leave to Appeal No. 92 of 2004 (From the Judgment and Order dated 21.03.2004 passed by t..Category: Criminal Law | Date: | Hits: 29
State Vs. Delwar Hossain Talukder, 2003, 32 CLC (AD)
....the Appellant Abdul Malek, Senior Advocate, instructed by A K M Shahidul Hug, Advocate-on-Record-For the Respondent Criminal Appeal No. 7 of 2003 (From Judgment and Order dated 4.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No. 9363 of 2002) ......ndent, and we are of the view that there is merit in this appeal. Accordingly, the appeal is allowed and the judgment and order passed by the High Court Division is set aside. Ed. ...... respondent Delwar Hossain Talukder as an accused in G. R Case No. 545 of 20014 pending to the Court of Magistrate, 1st Class Shariatpur moved unsuccessfully the learned Sessions Judge, Shariatpur for bail in Criminal Miscellaneous Case No. 153 of 2002. Thereafter, Delwar Hossain Talukder as pet..Category: Criminal Law | Date: | Hits: 68
Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)
....General, instructed By Mr. B. Hossain, Advocate-on –Record-For respondent Nos. 1-3 Ex parte-Respondents no.4 Civil appeal No. 2 of 1993 (From the Judgment and Order dated 27-8-92 Passed by the High Court Division in Writ petition No. 3182 of 1991) Judgment:......quality M.S. sheet from Canada. Upon arrival of the two consignments at Chittagong port the appellant submitted bills of entry. While awaiting assessment and clearance he received a show cause notice on 24-3-90 issued by the Collector of Customs, Chittagong under section 180 of the customs A......ment and clearance he received a show cause notice on 24-3-90 issued by the Collector of Customs, Chittagong under section 180 of the customs Act, 1969, shortly the Act; as to why the consignments aforesaid should not be forfeited for violation of sections 16 and 32 of the Act and section 3(..Category: Fiscal/Taxation Law | Date: | Hits: 112
Jamuna Knitting and Dyeing Ltd and ors Vs. Messers Yunusco K. Textile Ltd. & ors, 2006, 35 CLC (AD)
....nt No. 1 (In both the cases) Not Represented-Respondent Nos.2&3 (In both the cases) Civil Petition for leave to Appeal No. 231 and 245 of 2005. (From the Judgment and Order dated 13.12.2004 passed by the High Court Division in Civil Rule Nos, 638 (F) and 9 (F) of 2004.) ......sed the facts in the application for restoration of possession. We find no merit in the submissions of the learned counsel. Accordingly, both the petitions are dismissed. Ed. ......Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No. 1 (In both the cases) Not Represented-Respondent Nos.2&3 (In both the cases) Civil Petition for leave to Appeal No. 231 and 245 of 2005. (From the Judgment and Order dated 13.12.2004 ..Category: Property Law | Date: | Hits: 41
Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)
....dvocated-on-Record-For Respondent Nos. 1-22. Not Represented-Respondent Nos. Nos. 23 & 24. Civil Petition for leave to Appeal No. 1221 of 2005. (From the Judgment and Order dated 12.07.2005 passed by the High Court Division in writ Petition No. 6364 of 2004.) Judge...... 10. The respondents are liberty to mention the matter fixed for hearing in the chamber. The petitioners are directed to prepare paper book within 6 (six) months. Ed. ....... Amir-ul-Islam, Senior Advocate, instructed by Mrs.Sufia Khatun, Advocated-on-Record-For Respondent Nos. 1-22. Not Represented-Respondent Nos. Nos. 23 & 24. Civil Petition for leave to Appeal No. 1221 of 2005. (From the Judgment and Order dated 12.07.2005 passed ..Category: Employment/Service Law | Date: | Hits: 81
Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)
.... A B M Bayezid, Advocate—For the Appellant. A Rouf, Deputy Attorney General—For the State-Respondent. Jail Appeal No. 1 of 2006. (From the judgment and order dated 5-5-2004 passed by the High Court Division in Death Reference No. 9 of 2002). Judgme......etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ...... appeal by leave is directed against the judgment and order dated 5-5-2004 passed by the High Court Division in Death Reference Case No. 9 of 2002 referred by the learned Sessions Judge, Manikgonj for confirmation of death sentence of the petitioner and Jail Appeal No. 128 of 2002 filed by ..Category: Criminal Law | Date: | Hits: 71
Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
.... Md. Khurshid Alam Khan, Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record —For the Respondents. Civil Appeal No. 155 of 2003. (From the judgment and order dated 5-12-2001 passed by the High Court Division in Civil Revision No. 4631 of 2000). Jud......tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......izur Rahman and ors ................Respondents Judgment January 7, 2008. The Code of Civil Procedure, 1908 (V of 1908), Order VI rule 17 Substitution of the prayer for recovery of possession in a prayer for partition by amendment of plaint in a suit for declarati..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....Ali, Advocate-on-Record — For the Appellants. Not represented—The Respondents (In all the cases) Civil Appeal Nos. 227-229 of 2000. (From the judgment and order dated 24-2-1997 passed by the High Court Division in First Appeal Nos. 32, 92 and 147 of 1994). ......defendant No. 22(Ka)-22(Cha) preferred First Appeal No. 47 of 1994. The High Court Division heard all the three appeals analogously and by the impugned judgment disposed of all the appeals as noticed earlier. 5. Leave was granted to consider the submission that the High Court Divisi......udgment August 2, 2007. Partition An amicable arrangement is no partition in the eye of law. A co-sharer in possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is proved h..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
...., Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 1407 of 2004. (From the judgment and order dated 18-2-2004 passed by the High Court Division in Writ Petition No. 3288 of 1999). Judgm...... ultimately decreed ex-parte and against the ex-parte decree an application under section 151 of the Code of Civil Procedure was filed but the same was rejected on the ground of maintainability as noticed earlier. 6. The High Court Division held that it is an established principle of la...... the Petitioner. Shamim Khaled, Advocate instructed by Abu Siddique, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 1407 of 2004. (From the judgment and order dated 18-2-2004 passed b..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
.... Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossain, Advocate- on-Record-For the respondent. Civil Appeal No.21 of 1992. (From the Judgment and Order dated 2.5.1991 passed by the Administrative Appellate Tribunal Dhaka in appeal No.49 of 1990) ......trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......sing out of the said kalia P.S. Case No.5 of 1982 by a judgment dated 3-4-83 and was sentenced to 2 years rigorous imprisonment and a fine of Tk.50,000/- in default to further rigorous imprisonment for 1 year. He was also convicted by the same Martial Law Court in Case No. 16 of 1983 arising out..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....Islam, Advocate-on-Record—For the Respondent No. 4. Not represented—Respondent Nos. 1-3. Civil Appeal No. 47 of 2001. (From the Judgment and Order dated January 19, 2000 passed by the High Court Division in Writ Petition No. 3827 of 1998) ......ting tender did not raise any objection and the said behaviour of the writ petitioner amounts to waiver on their part and, as such, the contention that the tenders were invited without hearing and notice to the writ petitioner is not correct. 8. The respondent Nos. 1-3 did not file ......a and other allied products, the appellant and the Deputy Commissioner, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea Estate for a period of 35 years for the purpose as stated hereinbefore, the Government on July 15, 1..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....ul Huq, Advocate-on-Record — For the Appellant. Not represented—Respondent Nos. 2-3. Civil Appeal No. 24 of 2001. (From the judgment and order dated 24-1-2000 passed by the High Court Division in Writ Petition No. 4934 of 1999). ......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......tion was maintainable against an interlocutory order passed by Artha Rin Adalat. 2. Respondent No. 1, Pubali Bank Limited, disbursed certain amount of loan to the appellant for construction of commercial building (Supermarket) in Chuadanga town. The appellant having faile..Category: Banking Law | Date: | Hits: 157
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ent No.2-4, 6 & 7(In C. P.No.747 of 2007) Civil Petition for Leave to Appeal Nos.746, 745 & 747 Of 2007 (From the judgment and order dated 23.04.2007 and 24.04.2007 passed by the High Court Division in Writ Petition Nos.7189, 4078 ......ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......, Advocate-on-Record-For Respondent No.5. (In C. P. No.747 of 2007) Not represented- Respondent No.2-4, 6 & 7(In C. P.No.747 of 2007) Civil Petition for Leave to Appeal Nos.746, 745 & 747 Of 2007 (From the judgment and order..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....presented- Respondent Nos. 6-8 Civil Petition for Leave to Appeal No.186 of 2004. (From the judgment and order dated 18.11.2003 passed by the High Court Division in First Miscellaneous Appeal No. 264 of 2003 (......1.2002, the plaintiff also filed an application under Order 40 Rule 1 read with section 151 CPC for appointment of receiver for the suit properties whereupon the learned Joint District Judge issued notices upon the defendants Nos.1-6 to show cause within 7 days as to why the receiver, as prayed ......d- Respondent Nos. 1-5 Not represented- Respondent Nos. 6-8 Civil Petition for Leave to Appeal No.186 of 2004. (From the judgment and order dated 18.11.2003 passed by..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
.... by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 67 of 2007. (From the judgment and order dated 12.12.2006 passed by the High Court Division in Civil Revision No.2633 of 2004.) Judgment ......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......e Petitioner. Md. Abdul Wadud Bhuiyan, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 67 of 2007. (From the judgment and order dated 12.12.2006 passed by the ..Category: Election Law | Date: | Hits: 162
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