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Mithu Vs. State, 2009, 38 CLC (AD)
.... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ...... Leave to Appeal and as such we do not find any merit in the Review Petition. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 446. ...... against the judgment and order dated 9th November, 2008 passed by the Appellate Division in Criminal Petition for Leave to Appeal No. 560 of 2007 by which leave petition was dismissed. 2. The facts leading to presentation of the review petition are that the petitioner along with other accuse..Category: Criminal Law | Date: | Hits: 46
Azam Reza Vs. State, 2010, 39 CLC (AD)
....ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......ons as above we find nothing to interfere with the judgment of the High Court Division and accordingly both the petitions are dismissed. Ed. This Case is also Reported in: VII ADC (2010) 440. ......e to Appeal No.38 of 2009 has been filed by the State on the ground of inadequacy of sentence and both the petitions having been heard together are being disposed of by this judgment. 4. The short facts of the case are as under:- The deceased Joyanti Munshi daughter of informant Lusil Sadekin was..Category: Criminal Law | Date: | Hits: 100
A. K.M. Hasanuzzaman Vs. Abdur Rab Chowdhury and others, 2010, 39 CLC (AD)
.... miscellaneous appeal. Under such circumstances, this petition does not merit consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 437. ......s of compensation with notice to the insurer of the concerned motor vehicle. But in the instant case, no particulars of insurance company of the bus was given in the written objection, as such, the question of issuing a notice to them did not arise. So far the question of enquiry is concerned, the...... and order dated 04.03.2009 passed by the High Court Division in First Miscellaneous Appeal No.33 of 2006) Judgment ABM Khairul Haque J. - This is an application for leave to appeal. 2. The facts of the case leading to the filing of this petition, in brief, are that on 03.10.2001 the pri..Category: Civil Law | Date: | Hits: 96
Abdul Matin Sarker @ Mathin and another Vs. State, 2009, 38 CLC (AD)
.... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ...... fine awarded against the convictions under Sections 457 and 307/34 are upheld. The sentences of imprisonment are to run concurrently. Ed. This Case is also Reported in: VII ADC (2010) 434. ......ictim are simple in nature. The sentence of life imprisonment on the convict-appellants, who are in jail last for 6(six) years, as has been submitted, appears to be too severe, having regard to the facts and circumstances of the case and the overt-act on the part of the review petition. The appl..Category: Criminal Law | Date: | Hits: 45
Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)
....rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......to appeal in respect of the judgment and order dated 17.12.2008, passed by the High Court Division in Civil Revision No.371 of 2000, in making the Rule absolute and dismissing the suit. 2. The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. H..Category: Property Law | Date: | Hits: 23
Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and others, 2009, 38 CLC (AD)
....ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......ment and order dated 18.03.2009 passed by the High Court Division in Civil Revision No.76 of 2001) Judgment ABM Khairul Haque J.-This is a petition for leave to appeal. 2. The facts leading to the filing of this petition, are, in brief, that the respondent Nos.1 to 3 filed a ..Category: Property Law | Date: | Hits: 21
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ......ent No.3. 6. We have heard the learned Advocate for the petitioners, perused the judgment and order passed by the High Court Division and the papers kept with the paper-book. 7.The moot question before the High Court Division in the instant writ petition was as to whether the agreement...... is a petition for leave to appeal in respect of the judgment and order dated 10.07.2008, passed by the High Court Division in discharging the Rule in Writ Petition No.3370 of 2007. 2. The facts, in brief, are that in the northern side of Dhaka Central Jail there has been a factory sinc..Category: Civil Law | Date: | Hits: 90
Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)
....low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......low. Considering the facts and circumstances of the matter, we find no merit in this petition, which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 418. ......-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 circumstances of the matter, we find no merit in this petition, which is accordingly dis..Category: Property Law | Date: | Hits: 17
Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)
....nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......nd order dated 26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ...... 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 ..Category: Civil Law | Date: | Hits: 85
Sadharan Bima Corporation and another Vs. LG Engineering Co. Ltd and others, 2010, 39 CLC (AD)
....ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......ision and accordingly the leave petition is dismissed with modification that the decree will be executed against defendant No. 1 only. Ed. This Case is also Reported in: VII ADC (2010) 413. ......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 respondent No.1 filed a money suit being Money Suit No. 36 of 1993 i..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 substance 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. ...... Court Division. 3. Mr. Md. Zahirul Islam, learned Advocate-on-Record, appearing for the petitioner submitted that regarding appointment of the respondents by an illegal Managing Committee was questioned and to find out the fact an inquiry was held by the District Education officer, Patuakhal......e, we find no substance 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. ..Category: Civil Law | Date: | Hits: 84
Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)
....ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......ch circumstances, the contentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......, 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 ..Category: Limitation Law | Date: | Hits: 181
....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.
......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.
......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 respondent No.1 (i.e. petitioner in election Petition) filed Electio..
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. ......t the right of preemption. 3. The respondent No.1 contested the case by filing a written objection. His case is that the preemption case is not legally maintainable, inasmuch as, the deeds in question being deeds of exchange, the lands covered with the deeds are not pre-emptible. His furth...... 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. ..Category: Property Law | Date: | Hits: 33
Shahin Mia Vs. Parul Begum wife of Ibrahim and others, 2009, 38 CLC (AD)
.... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ...... in accordance with the Rules. The order of stay granted earlier by this Division shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 394. ......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..Category: Property Law | Date: | Hits: 43
Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)
....n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......er was heard and disposed of by the learned Joint District Judge, 4th Court, Tangail. 6. The learned Subordinate Judge allowed the appeal holding that since the suit as framed involved serious question of title, the plaintiff was required to seek consequential relief. The suit is not mainta......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 further submits that this court failed to appreciate the facts and circumstances of the case that if the ex parte decree is set aside, the respondent No.1's ..Category: Property Law | Date: | Hits: 21
....of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
......eft the same as uncared for and the said property was quite legally declared as an abandoned property and accordingly after the process and notice under Ordinance 54/85 and P.O.16/72, the Building in question was included in the Ka list published in the extraordinary Gazette dated 23.9.1986 and that......of 1992 by the writ petitioner would be of no help to the petitioner in challenging the abandoned nature of the property in question.
End.
This Case is also Reported in: VII ADC (2010) 388.
..
Category: Property Law | Date: | Hits: 21
Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)
....ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ......ced that after separation of the khatian the pre-emptor's mother paid rent separately and thus the order of mutation has been given effect to and acted upon. As such, the learned Judge held that no question of irregularity arose in separating the case-land by a separate khatian within the meanin......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..Category: Property Law | Date: | Hits: 27
Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)
....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. ......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. ......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..Category: Civil Law | Date: | Hits: 105
....ng to interfere with the judgment of the High Court Division in setting aside the award.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 361.
...... substance in this submission that the arbitration application was not maintainable for want of deposit.
22. The High Court Division while considering the conduct of the arbitrators and on the question of deliberation held as under:-
"Despite having made a request in writing, the 3rd arbit......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 arbitration related to the alleged dispute which arose between the p..
Category: Alternative Dispute Resolution | Date: | Hits: 207
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