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Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)

....This petition for leave to appeal is directed against the judgment and order dated 09.11.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4897 of 1998 discharging the Rule. 2. The plaintiff instituted other Class Suit No.274 of 1988 in the Court of Additional......n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 689. ..

Category: Family Law | Date: | Hits: 150

Birendra Nath Mondal Vs. Dhirendra Nath Mandal and others, 2007, 36 CLC (AD)

....mad Fazlul Karim J.- This Appeal, by leave, is directed against the impugned judgment and order dated 29.05.1997 passed by the High Court Division in Civil Revision No. 274 of 1988 discharging the Rule modifying the judgment and decree dated 16.07.1987 passed by the learned Subordinate judge (no......he above, we find no sub­stance in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 680. ..

Category: Property Law | Date: | Hits: 30

Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)

.... leave, the instant appeal against the judgment dated March 29, 1998 by the High Court Division in Civil Revision No.2248 of 1991 (Dhaka) Civil Revision No.271 of 1984 (Rangpur) making absolute the Rule obtained against the judgment and decree dated July, 19, 1984 of the Court of Subordinate Jud......ave filed, by leave, the instant appeal against the judgment dated March 29, 1998 by the High Court Division in Civil Revision No.2248 of 1991 (Dhaka) Civil Revision No.271 of 1984 (Rangpur) making absolute the Rule obtained against the judgment and decree dated July, 19, 1984 of the Court of Su..

Category: Property Law | Date: | Hits: 28

Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)

....fazzul Islam J. - This appeal by leave is directed against the judgment and order passed on 23.6.1997 in Civil Revision No. 908 of 1991 by a Single Bench of the High Court Division discharging the Rule obtained against the judgment and decree dated 20.10.1990 of the learned Subordinate Judge (no......e decision of the High Court Division so as to call for interference. The appeal is dismissed with cost at all stages. Ed. This Case is also Reported in: IV ADC (2007) 669. ..

Category: Property Law | Date: | Hits: 28

Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)

.... Ruhul Amin J. - This petition for leave to appeal has been filed against the judgment dated April 27, 2004 passed in Civil Revision No.1202 of 1999 rejecting the application filed under Order 41, Rule 21 read with section 151 of the Code of Civil Procedure for re-hearing of the Rule upon settin......lication filed under Order 41, Rule 21 read with section 151 of the Code of Civil Procedure for re-hearing of the Rule upon setting aside the judgment and order dated June 16, 2003 making the Rule absolute. The High Court Division made the Rule absolute on the finding that the opposite party fai..

Category: Civil Law | Date: | Hits: 102

Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)

.... 2 days is condoned. 2. This petition for leave to appeal arises out of the judgment dated 22.6.2003 of the High Court Division passed in Civil Revision No. 1229 of 1992 making absolute the Rule obtained against the judgment and decree dated 12.04.92 passed by the learned Subordinate Judg......J. - Delay of 2 days is condoned. 2. This petition for leave to appeal arises out of the judgment dated 22.6.2003 of the High Court Division passed in Civil Revision No. 1229 of 1992 making absolute the Rule obtained against the judgment and decree dated 12.04.92 passed by the learned Sub..

Category: Property Law | Date: | Hits: 27

Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)

.... This petition for leave to appeal is directed against the judgment and order dated 29.6.2004 passed in Civil Revision No. 7212 of 1991 by a Single Bench of the High Court Division discharging the Rule which was obtained against the judgment and decree dated 24.7.1991 passed by the learned Addit...... the High Court Division so as to call for any interference from this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 661. ..

Category: Civil Law | Date: | Hits: 83

Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)

....the instance of defendant Nos. 1 and 2, is directed against the judgment and order dated 26-06-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 3458 of 1997 making the Rule absolute. 2. Facts, leading to this petition, are that the plaintiff-respondent institu......nstance of defendant Nos. 1 and 2, is directed against the judgment and order dated 26-06-2002 passed by a Single Bench of the High Court Division in Civil Revision No. 3458 of 1997 making the Rule absolute. 2. Facts, leading to this petition, are that the plaintiff-respondent instituted O..

Category: Property Law | Date: | Hits: 23

Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)

....l Amin J. - This petition for leave to appeal is directed against the judgment dated May 11, 2005 of a Single Bench of the High Court Division in Civil Revision No. 749 of 1996 making absolute the Rule upon setting aside the judgment and decree dated January 22, 1996 of the 3rd Court of Subordin......bsp; Md. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment dated May 11, 2005 of a Single Bench of the High Court Division in Civil Revision No. 749 of 1996 making absolute the Rule upon setting aside the judgment and decree dated January 22, 1996 of the 3rd Cour..

Category: Property Law | Date: | Hits: 24

Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)

.... - This petition for leave to appeal has been filed against the judg­ment of August 31, 2004 of a Single Bench of the High Court Division in Civil Revision No. 2072 of 2000 making absolute the Rule obtained against the judgment and decree dated February 28, 2000 of the 5th Court of Subordina......Ruhul Amin J. - This petition for leave to appeal has been filed against the judg­ment of August 31, 2004 of a Single Bench of the High Court Division in Civil Revision No. 2072 of 2000 making absolute the Rule obtained against the judgment and decree dated February 28, 2000 of the 5th Court..

Category: Employment/Service Law | Date: | Hits: 64

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

....ected against the judgment and order dated 13.08.1995 passed by a Single Bench of the High Court Division in Civil Revision No.1222 of 1981 (heard with Second Appeal No.116 of 1979) dis­charging the Rule issued in the Civil Revision No.1222 of 1981 and allowing the Second Appeal No.116 of 1979 and ...... there is no misconstruction of the documents. 14.  Mr. Ahmed then argued that there was no proof of attornment of the defendants either in favour of Baidyanath or the plain­tiffs. Attornment is absolutely necessary in absence of a transfer by lessor. There being no transfer by Dhiren and Biren..

Category: Property Law | Date: | Hits: 34

Razia Khatun Vs. Idris Ali and another, 2005, 34 CLC (AD)

....Ruhul Amin J. - This petition for leave to appeal has been filed against the judgment dated March 13, 2004 of the High Court Division in Criminal Miscellaneous Case No.4255 of 2001 discharging the Rule. The Rule was issued upon an application filed under section 561A of the Code of Criminal Proc......ourt Division further observed that power under section 561A of the Cr.P.C in the instant case would have been exercised by the High Court Division, had the order of conviction and sentence passed absolutely without any legal evidence, but the order of acquittal has been passed because of absenc..

Category: Criminal Law | Date: | Hits: 36

Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)

.... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ...... take steps for early disposal of the rule pending before the High Court Division. The petition is, accordingly dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 19. ..

Category: Criminal Law | Date: | Hits: 36

Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)

....ircumstances and as such the High Court Division committed wrong in allowing the application for substitution in the absence of sufficient explanation for condonation of delay. 5. Order XXII Rule 9(2) of the Code of Civil Procedure provides for substitution of the heirs where the right to ...... do not find any substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 14. ..

Category: Procedural Law | Date: | Hits: 75

Md. Anwar Hossain Vs. Government of Bangladesh, 2004, 33 CLC (AD)

....erior officers to the higher authority to safeguard himself. The departmental proceeding was started against him for misconduct and corruption under the Government Servants (Discipline and Appeal) Rules, 1985 and all necessary formalities were complied with in awarding punishment upon him. ......sion, we find no substance in the submissions of learned Advocate. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 12. ..

Category: Criminal Law | Date: | Hits: 41

Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)

....0% deposit of the decretal money is to be made before filing the appeal or the deposit may be made "any day before the appeal is taken up for action’’ (for action) i.e. for hearing under Order 41 Rule 11 of the Code of Civil Procedure. 7. He then submits that on 23.03.2005 the High Court Div......re are merits in the appeal. The appeal is therefore allowed. The impugned Order is set aside. Parties do bear their respective costs. Ed. This Case is also Reported in: 12 MLR (AD) (2007) 1. ..

Category: Civil Law | Date: | Hits: 132

Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)

....sp;  Md. Tafazzul Islam J. - Both the civil petitions for leave to appeal arise out of the common judgment and order dated 13-3-2004 passed by the High Court Division discharging both the Rules obtained in Writ Petition Nos.2996 and 2997 of 2001 calling in question the common judgment ......hould not also be disturbed till transfer of the same. With the above observations both the petitions are dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 241. ..

Category: Property Law | Date: | Hits: 41

Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)

....bsp;Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 06.08.2005 passed by the High Court Division in Writ Petition No.4404 of 2003 making the Rule absolute. 2. The facts, in short, are that the respondent No.1 as petitioner filed Writ......d. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 06.08.2005 passed by the High Court Division in Writ Petition No.4404 of 2003 making the Rule absolute. 2. The facts, in short, are that the respondent No.1 as petitioner filed Writ Peti..

Category: Property Law | Date: | Hits: 29

Md. Rabiul Awal @ Sohel Miah Vs. Md. Abdur Rab @ Abdur Rab, 2007, 36 CLC (AD)

....ul Awal in the suit property however cannot be sustained in law which no doubt occasioned failure of justice and accordingly Civil Revision No.1931 of 2000 is made absolute in part but discharged the Rule in Civil Revision No.2197 of 2000 but direction to hand over possession is maintained unless ej......d decree declaring the title of Rabiul Awal in the suit property however cannot be sustained in law which no doubt occasioned failure of justice and accordingly Civil Revision No.1931 of 2000 is made absolute in part but discharged the Rule in Civil Revision No.2197 of 2000 but direction to hand ove..

Category: Tenancy Law | Date: | Hits: 180

Abul Kalam Azad and others Vs. Mohammad Iqbal Hossain & Ors, 2004, 33 CLC (AD)

....lt of the appellants for contempt of Court. 7. Accordingly/ this appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 205. ......ntempt of Court should be used very sparingly. However, apology was tendered on behalf of the respondent-contemner Nos.3-5. 4. Upon hearing of the rule, the High Court Division made the rule absolute against respondent contemner-appellants and sentenced them to pay fine of Tk.2000/- each w..

Category: Criminal Law | Date: | Hits: 47