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Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....ate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and order dated the 17th July, 2004 passed by the High Court Division in Civil Petition No.3656 of 2003). ......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ...... Y. Ahmed Ali Sardar, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and order dated the 17th July, 2004..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
....p; Civil Petition for Leave to Appeal No. 1427 of 2005 From the judgment and order dated the 26th June, 2004 passed by the High Court Division in Civil Revision No.2103 of 1992.) ...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......p; Not represented- For the Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 1427 of 2005 From the judgment and order dated the 26th J..Category: Property Law | Date: | Hits: 51
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
.... Respondent Nos. 1-3 & 6-8 Civil Petition for Leave to Appeal Nos. 150 & 151 of 2004. (From the Judgment and Order dated November 19, 2003 passed by the Administrative Appellate Tribunal, Dhaka in Administrative A......t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ...... Not represented- Respondent Nos. 1-3 & 6-8 Civil Petition for Leave to Appeal Nos. 150 & 151 of 2004. (From the Judgment and Order dated Nov..Category: Administrative Law | Date: | Hits: 125
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....Advocate-on-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 59 of 2005. (From the judgment and order dated 28.06.2004 passed by the High Court Division in Death Reference No.26 of 2001.) Judgme......sion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ...... Abdur Rouf, Deputy Attorney General. Instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 59 of 2005. (From the judgment and order dated 28.06.2004 passed by ..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....an Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by the High Court Division in Criminal Appeal No.2625 of 2000) Judg......o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......Abdur Razzaque Khan, Additional Attorney General, instructed by Md. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n-Record- For the Petitioner Not represented- For Respondent Criminal Petition for Leave to Appeal No. 341 Of 2005 (From the Judgment and Order dated June 13, 2005 passed by the High Court Division in Criminal Revision No. 656 (Con) of 2005) ......n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......Hossain, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Not represented- For Respondent Criminal Petition for Leave to Appeal No. 341 Of 2005 (From the Judgment and Order dated June 13, 2005 passed ..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....enior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent. Not represented-Nos. 9-21. Civil Petition for Leave to Appeal No. 855 of 2004 (From the judgment and order dated 20.04.2004 passed by the High Court Division in F. A. No.68 of 2002 with Civil Rule No. 282 (F......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......hman, Advocate-on-Record- For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent. Not represented-Nos. 9-21. Civil Petition for Leave to Appeal No. 855 of 2004 (From the judgment and order dated 20.04.2004 passed by the H..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
.... Petitioner Not represented- Respondent Civil Petition for Leave to Appeal No. 1298 of 2002 (From the judgment and order dated 15.06.2002 passed by the High Court Division in Civil Revision No.3857 of 1998.) Judgm......sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......n J Mohammad Miah......................Petitioner Vs Atiar Rahman Miah................Respondent Judgment February 11, 2004 Lawyers Involved: Md. Lutfor Rahman Mandal, Advocate instructed by Mohd. Nawab Ali, Advocate-on-Record- For the Petitioner ..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
....nt Nos. 2-11 Civil Petition for Leave to Appeal No. 370 of 2002. (From the judgment and order dated 03.12.2001 passed by the High Court Division in Civil Revision No.1433 of 1997.) Judgm...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......sp; Not represented- Respondent Nos. 2-11 Civil Petition for Leave to Appeal No. 370 of 2002. (From the judgment and order dated 03.12.2001 passed by..Category: Property Law | Date: | Hits: 39
Abdul Mohit and others Vs. Social Investment Bank Ltd & ors., 2008, 37 CLC (AD)
....cord- Respondent No. 4 (In both the appeals) Ex-parte- Respondent Nos.1-3 and 5 (In both the appeals) Civil Appeal Nos. 93 and 94 of 2002 (From the judgment and order dated 11th December 2001 passed by the High Court Division in Matter Nos.78 and 86 of 2001). ......Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction upon the respondents to serve notice of Board meeting to the appellants-Directors in compliance of section 95 of the Companies Ac......ed by the learned Company Judge of the High Court Division dismissing the Company Matter Nos.79 and 86 of 2001 holding the same to be not maintainable in the Company Court rejecting an application for direction upon the respondents to serve notice of Board meeting to the appellants-Directors in ..Category: Business or Commercial Law | Date: | Hits: 147
Md. Nurul Islam Bhuiyan and another Vs. Bangladesh, 2008, 37 CLC (AD)
....e, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners Not represented- The Respondents Civil Review Petition No.6 of 2006. (From the judgment and order dated 26-04-2004 passed by this Division in Civil Appeal No.21 of 1999) Judgment &nbs...... of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. 11. In the aforesaid premises, we find no substance in this review petition. Accordingly, it is dismissed. Ed. ......er dated 26m April, 2004 passed by this Division in Civil Appeal No.21 of 1999. 2. The petitioners as plaintiffs filed Other Class Suit No.593 of 1984 in the Court of Assistant Judge, Kendua for declaration of title and also for recovery of possession in part by amendment of plaint, stati..Category: Property Law | Date: | Hits: 46
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... by Sufia Khatun, Advocate-on-Record— For Respondent Nos. 1-2. Not represented—Respondent Nos. 3-23. Civil Appeal No. 152 of 2002. (From the judgment and order dated 9th August, 2000 passed by the High Court Division in Civil Revision No. 3175 of 1993). ......ntract the onus lies heavily on the person whose title arises subsequent to the contract to sell and he must prove that he is a purchaser for value and has paid the money in good faith and without notice of the original contract…….(14) Cases Referred to- Mukhtar Hos......ading, misconstruction or misappropriation of evidence on record. …………….(19 and 20) The Specific Relief Act, 1877 (I of 1877), Section 27 In a suit for specific performance of contract the onus lies heavily on the person whose title arises subsequ..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....b Hossain, Advocate-on-Record—For the Respondent No. 7 Not represented—Respondent Nos. 3-6. Civil Review Petition No. 122 of 2005. (From the judgment and order dated 12th June, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 14......or apparent on the face of the judgment sought to be reviewed. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 12. ...... represented—Respondent Nos. 3-6. Civil Review Petition No. 122 of 2005. (From the judgment and order dated 12th June, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1494 of 2004). Judgment Md. Tafazzul Islam J.- By this peti..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
...., Advocate-on-Record—For Respondent No. 1. Not represented-Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1228 of 2005. (From the judgment and order dated 3-4-2005 passed by the High Court Division in Civil Revision No. 2898 of 1999). Judgm......Bangladesh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent ......esh, 1972, Article 42 The East Pakistan Ordinance, 1970 (XXIV of 1970), Section 5 When the Government in exercise of power under section 5 of the Ordinance XXIV of 1970 issued notice for eviction of the petitioner as a trespasser in the disputed land, the suit for permanent injunct..Category: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....—for the Appellants. Rafique-ul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 322 of 2001. (From the judgment and order dated 7-9-1997 passed by the High Court Division in Writ Petition No. 939 of 1997) Judgment ...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ......cquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, Deputy Attorney-General, instructed by Firoz Shah, Advocate on Record—for the Appellants. Rafique-ul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-o..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....ry, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Banglades...... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ...... 38 & 102 Though membership to the Society is open to all citizens of Bangladesh who comply with the terms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from the right to form an association..Category: Constitutional Law | Date: | Hits: 170
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ent October 31, 1989. The Bangladesh Abandoned Properties (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972) Section 2 The Constitution of Bangladesh, 1972 (as amended upto-date) Articles 102 & 103 A mere denial by the respondent of a fact in issue raised by the pet......a Khatun; and, that the house was wrongly included in the list of abandoned properties. In that case there was no affidavit-in-opposition by the Government. The learned Judges observed: "Although the notice of this rule was served upon the Ministry of Public Works and Urban Development of the Gove......scharge his onus probandi…………….(15) Declaration as to the fact that the appellant is the only son and heir of the original owner, by the owner himself and such assertion not being made before the magistrate or an affidavit commissioner, in absence of any other evidence to the contrary t..Category: Property Law | Date: | Hits: 32
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....1-3 Jillul Huq, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For Respondent Nos. 4-7 Added party) Civil Appeal No.188 of 2004. (From the judgment and order dated 28.05.2003 passed by the High Court Division in Civil Revision No. 5090 of 2002.) Judg......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ......the Rule absolute. 2. Short facts are that the predecessors of the plaintiffs instituted Title Suit No. 73 of 1976 in the 1st Court of Subordinate Judge (now Joint District Judge), Comilla for declaration of title and for recovery of khas possession. The suit was decreed on contest on 30..Category: Procedural Law | Date: | Hits: 93
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....vocate-on-Record-For Respondent No. 5 Ex-parte-Respondent No. 1 Not represented-Respondent Nos. 2-4 & 6-27 Civil Appeal No. 48 to 53of 1995 (From Judgment and Order dated 5th April, 1995 passed by the High Court Division, Dhaka in F.A. No. 255 of 1991(Dhaka) with ......n of schedule-3 as sub-tenants of Sadananda Ghose. These defendants were asked to deliver possession (of schedule 3 land) who, however, denied the plaintiffs title whereupon the plaintiffs' served notice under section 106 of the Transfer of property Act, terminating the tenancy of the defen......; A.T.M. Afzal CJ.- Plaintiff -appellants of Civil Appeal No. 48 of 1995 filed other Suit No.168 of 1985 against the defendant-respondents in the First Court Of Subordinate Judge, Chittagong for a declaration of title to recovery of khas possession in some part and also for confirmati..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
.... Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Ex-parte-For the Respondents. Civil Appeal No. 47 of 1995 (From the judgment and order dated May 17,1994 passed by the High Court Division, Dhaka in Civil Revision No. 8035 of 1991) ......d the appeal was allowed by judgment and decree dated 25.4.91. 5. The plaintiffs took a revision to High Court Division as aforesaid against the appellate judgment and decree and, as already noticed, the Rule was discharged by the impugned judgment and order upholding the view taken ......udge of the High Court Division discharging the Rule in Civil Revision No. 8035 of 1991. 2. The plaintiffs instituted O.C. Suit No.116 of 1985 in the Court of the Subordinate Judge, Jamalpur for a declaration that the decree dated 9.1.84 passed in O. C. Suit No. 271 of 1982 of the sai..Category: Civil Law | Date: | Hits: 103
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