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Special Reference No.1 of 2009, 38 CLC (AD)
....e. Surendra Kumar Sinha J.- I agree with the opinion expressed by my learned brother Md. Abdul Matin, J. in respect of question A and B of the Reference. Ed. This Case is also Reported in: ...... the President should be binding on all courts in the country including the High Court Division except the Appellate Division rendering the opinion. 5. The President acting through the Ministry of Law, Justice and Parliamentary Affairs vide memo No. বিচার-৩/১ এম-৬/২০০৯......submissions however points out that the authority could take care of the present problem and hold trial of the accused BDR personnel and others either by making new legislation or by amending the BDR Order, 1972 for the offences committed by them after thorough and proper investigation. In this cont..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ...... Vs. Salema Khatun and others...........................Respondents Judgment May 24, 2009. Cases Referred To- 28 DLR (AD) 5; 20 DLR 80; 33 DLR (AD) 113. Lawyers Involved: Abu Bakkar Siddique, Advocate (Appeared with leave of the Court) instructe......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ..Category: Property Law | Date: | Hits: 38
Syed Nurul Azim Babar Vs. State, 2009, 38 CLC (AD)
....on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709.......09. Cases Referred To- Rameshwar Dayal vs. State of U. P. AIR. 1978 S.C. 1558; Surjan Vs. State of Rajasthan AIR 1956 SC 425; Bangladesh (State) Vs. Paran Chandra Baroi BCR 1986 (AD) 225. Lawyers Involved: A. K. Badrul Huq, Senior Advocate instructed by Bivash Chandra Biswas, Advocate-......on of the deceased. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 66; VI ADC (2009) 709...Category: Criminal Law | Date: | Hits: 60
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
....iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......(In Criminal Petition No. 272 of 2007) Raju and another…………….Respondent (In Criminal Petition No. 273 of 2007) Judgment March 12, 2009. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ..Category: Criminal Law | Date: | Hits: 53
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......ladesh represented by the Secretary, Ministry of Housing and Public Works, Secretariat Building, Dhaka and others.......Respondents (In all the cases). Judgment June 21, 2009. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Aftab Hossa......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ...... Md. Abu Sufian and others............................Petitioners Vs. Ferdoshi Begum and others…...................... Respondents Judgment March 5, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Syed Mahbubar......nd no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 698. ..Category: Business or Commercial Law | Date: | Hits: 199
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ......;…………......Petitioners Vs. Amena Bewa and others…………….........Respondents Judgment January 28, 2008. Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Rec......nly then that the trial court by order dated 29.06.1997 rejected the plaint. 10. The circumstances as revealed hereinbefore are sufficient grounds for rejecting the plaint if not under Order 7 Rule 11, under Section 151 of the Code of Civil procedure inasmuch as Order 7 Rule 11 is no..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......................... Petitioners (In both the cases) Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah and others…........Respondents (In both the cases) Judgment May 31, 2009. Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231.......nur Rahman J Sonali Bank, Shilpa Bhaban Corporate Branch, Dhaka……..Petitioner Vs. Artha Rin Adalat, Narayangonj and others……........Respondents Judgment April 12, 2009. Lawyers Involved: M. A. Sobhan, Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...Category: Banking Law | Date: | Hits: 373
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......lip;…………….....Petitioner Vs. Md. Zahirul Hoque Dewan…………............Respondent Judgment May 26, 2009. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Repre......e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......;…………………….Petitioner Vs. Shusen Kumar Mondal and others…........Respondents Judgment June 4, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. A.J. ...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ..Category: Property Law | Date: | Hits: 54
Indrajit Dutta Vs. Baidhya Nath Banarjee and others, 2009, 38 CLC (AD)
....the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ......lip;……………………Petitioners Vs. Baidhya Nath Banarjee and others .........Respondents Judgment April 22, 2009. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advoc......the judgment and decree of the appellate court. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 674. ..Category: Property Law | Date: | Hits: 28
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......ellip;…………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment February 5, 2009. Lawyers Involved: Abdul Halim Chaklader, Senior Advocate-instructed by Md. Nawab Ali, Advoca......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ..Category: Property Law | Date: | Hits: 25
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ......nd another..................................Petitioners Vs. Abdul Latif being dead his heirs: Rajia Begum and others.....Respondents Judgment April 12, 2009. Lawyers Involved: A. K. M. Shahidul Hug, Advocate-on-Record-For the Petitioners. Md. ......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
....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: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......torate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 2009. Lawyers Involved: Mrs. Nahid Yesmin, Deputy Attorney General, instructed by B. Hossain, Advocate ......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: VI ADC (2009) 661, 63 DLR (AD) (2011) 122...Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ......hellip;………….Petitioner Vs. Kazi A. K. M. Sajahan and others……………Respondents Judgment June 23, 2009. Lawyers Involved: A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, ad...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ...........................Respondent (In Civil Appeal No. 120 of 2004) Md. Rashidul Hasan...............Respondent (In Civil Appeal No.121 of 2004) Judgment August 11, 2008. Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Walilul Islam, Advocate-on-Recor......& 111-116, 119-120 of 2004) Not represented- the Respondent (In Civil Appeal Nos. 110, 117-118, 121 of 2004) Civil Appeal Nos.107-121 of 2004. (From the judgment and Order dated June 27, 2001 passed by the High Court Division in W. P. Nos. 3408, 5120, 4862. 3415, 3..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ......bsp; HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9, 2009. Lawyers Involved: AJ Mohammad Ali, Senior Advocate with Syed Mahmudul Ahsan, instructed by A......t Nos. 1, 2, 5 and 15 had the locus standi to represent the aforementioned respondent Nos. 1, 2, 5 and 15. The learned Counsel further submitted that the High Court Division on a misreading of the Order VII, rule 1, CPC came to the finding that the plaintiff was barred by estoppel from raising t..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ...... Md. Abdul Aziz J State.............................................Appellant Vs. Anowar Hossain Pinto alias Anowar Hossain & another…....Respondents Judgment June 4, 2009. Lawyers Involved: A.S.M Abdul Mobin, Deputy Attorney-General instructed by Mvi. Md. Wahidullah, A......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
James Finlay PLC and others Vs. Mahi Fish Processing Ltd. and others, 2009, 38 CLC (AD)
....tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ......tem, Care of James Finlay PLC and others.............Petitioners Vs. Mahi Fish Processing Ltd. and others ....................Respondents Judgment March 12, 2009. Lawyers Involved: Dr. M Zahir, Senior Advocate with Md. Azizul Haq, Advocate instructed by M......tance in the submissions of the learned Advocate for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 124. ..Category: Business or Commercial Law | Date: | Hits: 178
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