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Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....he findings of facts and also not permitted to interfere with the concurrent findings of fact unless such finding of facts are found to be perverse or based on non-considera­tion of evidence or misreading of evidence or misconstruction of evidence. The High Court Division has clearly found that the......spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ......d-For the Petitioner. Shamsuddin Bulbul, Advocate, Ibrahim Khalil, Advocate-on- Record-For Respondent. Civil Petition for Leave to Appeal No. 1797 of 2009. (From the judgment and order dated 18.3.2009 passed by the High Court Division in Civil Revision No. 1786 of 1999.) ......spon­dents supported the judgment of the High Court Division. In that view of the matter this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 327. ..

Category: Property Law | Date: | Hits: 21

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

....me. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ......howdhury, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 131 of 2009. (From the judgment and order dated 18.11.2007 passed by the High Court Division in Civil Revision No.5771 of 2001.) ......arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 324. ..

Category: Property Law | Date: | Hits: 26

Baby Food Products Ltd. Vs. Nabisco Biscuit & Bread Factory Ltd., 2009, 38 CLC (AD)

....our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ......slam, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For Respondent No.1. Not represented-Respondent No. 2. Civil Review Petition No. 1 of 2009. (From the judgment and order dated 09.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No.71 ......ew our judgment already passed. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 320. ..

Category: Intellectual Property Law | Date: | Hits: 273

Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)

....nsideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ......cted by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Not Represented-Respondent Nos. 2-25. Civil Petition for Leave to Appeal No.175 of 2009. (From the Judgment and order dated 16.10.2006 passed by the High Court Division in Civil Revision No.2155 of 2006) J......le Appeal No. 89 of 2001, and dismissed the suit, as such, this petition merits no consideration and accordingly, it is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 318. ..

Category: Property Law | Date: | Hits: 21

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....sammat Afroza Haque…………...Petitioner Vs. Miss Rowshan Ara Begum and others…..........Respondents Judgment August 23, 2009. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitione......ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ......ourt the petitioner has filed this petition for review. 9. Heard Mr. A. K. Badrul Huq, the learned Counsel appearing for the peti­tioner and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 10. It appears that this Court w......ion which call for no interfer­ence by the Court. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 314. ..

Category: Property Law | Date: | Hits: 22

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....on which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......ision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ......uct­ed by Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1652 of 2009. (From the judgment and order dated 12.08.2009 passed by the High Court Division in Writ Petition No.5127 of 2009) Order ......ision which does not require any interference by this Division. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 310, 16 MLR (AD) (2011) 409. ..

Category: Others | Date: | Hits: 115

Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)

....ale dated 03.10.1973; that said Hasina Khatun transferred the same to Rahela Khatun by a registered deed of sale dated 27.02.1976 and she was possessing the same through defendant No.1 who is her bargadar; that Rahela Khatun entered an agreement to transfer the said land to Elahi Mondal, defendant N......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ......assed by this Appellate Division in Civil Petition for Leave to Appeal No.697 of 2007) Judgment Md. Muzammel Hossain J.- This civil review petition is directed against the judgment and order dated 30.07.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 69......e do not find any new ground for review of the impugned Judgment and order. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 307. ..

Category: Property Law | Date: | Hits: 20

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

.... Court Appellate Division (Civil) Present: Md. Tafazzul Islam CJ Md. Abdul Matin J Surendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, Bangladeshi Secretariat, Dhaka and others......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ......etitioners. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hague, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.40 of 2010. (From the judgment and order dated 9.12.2009 passed by the High Court Division in Civil Revision No. 8990 of 2008.) ......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ..

Category: Constitutional Law | Date: | Hits: 107

Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)

..... Tafazzul Islam CJ Md. Abdul Matin J ABM Khairul Haque J Surendra Kumar Sinha J Md. Nurul Abedin……………….Petitioner (In both the cases) Vs Bangladesh rep­resented by the Secretary, Ministry of Industry, Police Station-Motijheel 1, Dhaka-1000 a......­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ......ition No. 832 of 2009) Not represented-Respondent Nos. 2-4 (In Civil Petition No. 856 of 2009) Civil Petition for Leave to Appeal Nos. 832 and 856 of 2009. (From the judgment and order dated 04.03.2009 passed by the High Court Division in Writ Petition Nos. 4623 and 4913 of 2008......­tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..

Category: Property Law | Date: | Hits: 29

S. Co. Power Plant Ltd. Vs. Government of Bangladesh and oth­ers , 2009, 38 CLC (AD)

....n is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295....... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295....... Abu Siddique, Advocate-on-Record-For Respondent Nos. 5-6. Not Represented-For Respondent Nos.1-4, 7-8. Civil Petition for Leave to Appeal No. 297 of 2009. (From the judgment and order dated 20.11.2008 passed by the High Court Division in Writ Petition No. 5778 of 2008.) ...... the Adalat before making the sale. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed This Case is also Reported in: VII ADC (2010) 295...

Category: Banking Law | Date: | Hits: 84

Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)

....st upon affirming the judgment and decree of the lower appellate Court who upheld the judgment and decree of the trial court. 2. The petitioners as plaintiffs instituted Other Suit No.25 of 1997 impleading the opposite parties as defendants praying for declaration that the preliminary decree dated 2......of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ......-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 812 of 2009. (Arising out of C.M.P. No. 62 of 2009.) (From the Judgment & order dated 13.1.2009 passed by the Single Bench of the High Court Division in Civil Revision No.458......of the same subject mat­ter for formal defects is dismissed. In view of above discussion prayer for granting leave is refused. Ed. This Case is also Reported in: VII ADC (2010) 295. ..

Category: Property Law | Date: | Hits: 35

Jalaluddin Ahmed and others Vs. Md. Selim Hossain and others, 2010, 39 CLC (AD)

....ition is dis­missed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ...... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dis­missed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ......yed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2 Not represented-Respondent Nos.1 & 3-5 Civil Petition for Leave to Appeal No. 1447 of 2009. (From the judgment and order dated 16.4.2009 passed by the High Court Division in Civil Revision No.1895 of 2006) Ju...... the way if they file a fresh suit, for recovery of the suit property. This leave petition is dis­missed with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 291. ..

Category: Property Law | Date: | Hits: 28

Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)

....e in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ......the Petitioners. Abul Kashem, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-20. Civil Petition for Leave to Appeal No.2141 of 2009. (From the judgment and order dated 5.8.2009 passed by the High Court Division in Civil Revision No. 1776 of 2000) Judgme......ance in any of the submissions of the   learned Advocate for the petitioners. Accordingly this leave petition is dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 288. ..

Category: Property Law | Date: | Hits: 51

Abdul Hamid Matubbar and others Vs. Majibar Matubbar and others, 2009, 38 CLC (AD)

.... Shariatpur in the Title Suit No. 341 of 1982 decreeing the suit. 3. The petitioner as plaintiff instituted Title Suit No. 341 of 1982 in the court of the then learned Munsif, Shariatpur, impleading the respondents as defendants praying for declaration of title to the suit land and confirmati......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ......enior Advocate instruct­ed by Md. Nawab Ali Advocate-on-Record-For the Petitioners. Not Represented- the Respondents. Civil Review Petition No.15 of 2009. (From the judgment and order dated 6.11.2008 passed by the Appellate Division in Civil Appeal No. 332 of 2003) Judgm......pellate Division we do not find any ground for review our judgment. Accordingly, this Civil Review Peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 285. ..

Category: Property Law | Date: | Hits: 26

Abdul Gafur Vs. Md. Nuru Miah, 2009, 38 CLC (AD)

....in J Shah Abu Nayeem Mominur Rahman J BK Das J Md. Muzammel Hossain J Abdul Gafur.....................Petitioner (In both the petitions) Vs. Pre-emptor No.1-Md. Nuru Miah being dead his heirs: Md. Muklesur Rahman and  others...........Respondents (In both the peti­tions) Or......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ......vocate-On-Record–For the Petitioner. (In both the petitions) Not Represented- the Respondents. (In both the peti­tions) Civil Review Petition Nos. 4 and 5 of 2009. (From the judgment and order dated 29.07.2008 passed by this Appellate Division in Civil Petition for Leave to Appeal No.60......e ground Nos.1 and 2. The petitioners in both the petitions are permitted to prepare paper books out of Court in accordance with Rules. Ed. This Case is also Reported in: VII ADC (2010) 279. ..

Category: Property Law | Date: | Hits: 27

Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)

.........Petitioners Vs Malanch Bibi and others............................Respondents Judgment August 16, 2009. Cases Referred To- Shambhu Nath Poddar Vs. Bangladesh Railway and others 43 DLR (AD) 82; Government of Bangladesh, represented by the Secretary Mini......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ......  the High Court Division in Civil Revision No.2516 of 1996 with Civil Rule No.350(R) of 1996) Judgment SK Sinha J.- This appeal by leave grant­ed by this Court from the judgment and order dated 31st May, 2001 and 3rd June 2001 of the High Court Division in Civil Revision No. 2516 o......w The appeal is therefore allowed. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: VII ADC (2010) 271. ..

Category: Property Law | Date: | Hits: 20

Bangladesh Legal Aid and Services Trust (BLAST) and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....55 DLR (2003) 363. ......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ......ust state the reasons why the investigation could not be completed within 24 hours and what are the grounds for believing that the information received against him is well-founded ........(19) The order for detaining in police custody is passed by a Magistrate in exercise of the power given to hi......the recommendations made above within six months. All the respondents are also directed to implement the directions made above immediately. Ed. This Case is also Reported in: 55 DLR (2003) 363. ..

Category: Constitutional Law | Date: | Hits: 137

State Vs. Shahin and others, 2009, 38 CLC (AD)

....l the leave petitions. 2. The prosecution case, in brief, is that Azizullah Bhuiyan, Advocate, the informant, on 25-9-1995 lodged an FIR with Kotwali Police Station, Dhaka alleging that there had been a long local and political enmity between his deceased son Abu Morshed, the victim, an activ......nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ......nal Appeal No. 74 of 2009). Not represented— the Respondent (In Criminal Appeal No. 73 of 2009). Criminal Petition for Leave to Appeal No. 73-75 of 2009. (From the judgment and order dated 12-8-2008 of the High Court Division passed in Death Reference No. 46 of 2004 heard anal......nd there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 140. ..

Category: Others | Date: | Hits: 93

Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)

.... Cases Referred To- Chitta Ranjan Sutar vs Secretary, Judicial Department 17 DLR 451; Abdul Majid Bepari vs Kashem Ali Maloo 27 DLR 1; Shanmughasundaram Filial vs Parvathi Ammal AIR 1945 Madras 454; Holy Cross vs Lonnappan AIR 1990 Kerala 215 and Altaf Hossain vs Abdul Aziz Beoari 47 DLR......plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ......rd—For the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by the High Court Division in Writ Petition No. 3868 of 2004). J......plaint and a decree for declaration that the set­tlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..

Category: Property Law | Date: | Hits: 29

Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)

....hers.......................Petitioners Vs. Md. Abdur Razzak and others........Respondents Judgment August 19, 2009. Cases Referred To- Ali vs Jainul Abedin Mia 35 DLR (AD) 216; Bangladesh vs AKM Abdul Hye 9 MLR (AD) 82= 56 DLR (AD) 53. Lawyers Involved: Md. Abdul Jabbar, Advo......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ......d—For the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For respondents. Civil Appeal No. 122 of 2006. (From the judgment and order dated 21st June, 2006 passed by the High Court Division in Civil Revision No. 3001 of 2001). ......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..

Category: Tenancy Law | Date: | Hits: 174