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Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ......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...... the Section Officer of the Ministry concerned in reply to the appellant's letter dated 22.5.1985 did not create any cause of action under Article 102 of the Constitution as revived under the Chief Martial Law Administrator's Order No. 1 of 1985; that the petition was hit under the provision of ......sanka Lal Banik Vs. Islamic Republic of Pakistan, 1969 SCMR 283; Daryao and others Vs. State of U P and others AIR 1961 (SC) 1457; Hazi Waziullah Vs. Addl. Deputy Commissioner 1989 BLD (AD) 135. Lawyers Involved: Syed Ishtiaq Ahmed, Senior Advocate, (Mahmudul Islam, Advocate with him), instr..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ...... The Code of Civil Procedure, 1908 (V of 1908), Order VII, rule 11 The Specific Relief Act, 1877 (I of 1877), Section 56(K) The bar of section 56 (K) of the Specific Relief Act for non-production of document under Rule 14 of Order VII CPC has no manner of application in consi......of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......t. There is no ingredient of Order VII rule 11 in the application filed by the defendant. The learned Joint District Judge is fully justified in rejecting the petition….(23 & 25) Lawyers Involved: Nurul Islam Bhuiya, Advocate- on-Record- For the Petitioner. ..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....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......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. ......ther vs. Debdas Lola, AIR 1959 Calcutta 73; Chauthilal Vs. Badri Prasad and another, AIR 1960 Rajasthan 249; L. Bengali Mai and others Vs. Baijnath Prasad and others, AIR 1942 Allahabad 338. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Adv..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ...... (2001) 6 MLR (AD) 1. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- Respondents Civil Petition for Leave to Appeal No. 1325 of 2004. (From the Judgment and Order dated June 16, 2004 passed by ......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ......er Vs. Mst. Katiji and others, AIR 1987 (SC) 1353; Province of East Pakistan Vs. Meajan Ali Ahmed and 15 others, 18 DLR (SC) 343; Government vs. Alauddin being dead his heirs, (2001) 6 MLR (AD) 1. Lawyers Involved: Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Rec..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......; 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....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ......l Appeals) Judgment November 27, 1997 Cases Referred to- Hajee Abdus Sattar v. Mahiuddin & ors 38 DLR (AD) 97; Amritalal vs. Uttam Lal, AIR 1939 Calcutta 216. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-o..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......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......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ......nd another……………...... plaintiff-Appellant Vs Mst. Hamida Khatoon and another ...................Respondent Judgment May 20,1998 Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Ex-pa..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......o pay back Tk.90.300.50/- said to have been overpaid to him. The High Court Division held that the petitioner was a person in the service of the Republic and that consequently his remedy lay before the Administrative Tribunal and accordingly writ petition was held to be not maintainable. ......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......ellip;………………Appellant vs Munawar Jute Mills Ltd. and others ......................Respondents Judgment November 10, 2005 Lawyers Involved: Abdur Razzaque, Advocate, instructed by md. Nawab Alt, Advocata-on-Record-..Category: Employment/Service Law | Date: | Hits: 84
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ....... Lawyers Involved: M. A. Samad, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 192 of 2003 (From the Judgment and Order dated 30.04.2003 passed by......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ......J Selim A Khan……………..Petitioner Vs Md. Harun Malik and another.....................Respondent Judgment January 2, 2005. Lawyers Involved: M. A. Samad, Senior Advocate, instructed by Md. Aftab Hossain, Advoca..Category: Criminal Law | Date: | Hits: 30
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
.... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......Division in Criminal Miscellaneous Case No. 8491 of 2001 discharging the rule. 2. The facts, in brief, leading to the leave petition are that the respondent No. 1 filed a petition of complaint before the learned Chief Metropolitan Magistrate, Dhaka alleging commission of offence under section 1...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ......dul Hossain (Bulbul).................................Petitioner Vs. Jinnur Hosain and another.........................Respondent Order: August 8, 2004. Result: Leave is granted. Lawyers Involved: Mansurul Hoq Chowdhury, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-R..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......Respondents Judgment November 28, 2005. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 85 of 2004 (From the Judgment and Order dated 15.02.2004 passed by ......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ......ellip;……………...Petitioner vs The State represented by the Deputy Commissioner, Pabna.....Respondents Judgment November 28, 2005. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represente..Category: Criminal Law | Date: | Hits: 39
Mizanur Rahman alias Mithu and another Vs. State, 2006, 35 CLC (AD)
....granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......volved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record-For the Petitioners Firoz Shah Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 194 of 2003 (From the Judgment and Order dated 30.04.2003 passed by......granted to consider the same. Preparation of paper book is dispensed with as prayed for. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......llip;……………………………………………...Respondent Order November 22, 2005 Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on..Category: Criminal Law | Date: | Hits: 48
Md. Golam Mostafa alias Gholam Mostafa and others Vs. State, 2005, 34 CLC (AD)
....sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ...... Kazi Shahadat Hossain, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner Mvi Md. Wahidullah, Advocate-on-Record-For the Respondent Criminal Petition for Leave to Appeal No. 136 of 2003 (From the Judgment and Order dated 18.6.2003 passed by ......sideration. Preparation of paper book is dispensed with as prayed for. Let the order of stay granted earlier be extended for further 6(six) months from date. Ed. ...... Md. Golam Mostafa alias Gholam Mostafa and others..............Petitioner Vs The State...............................Respondent Judgement February 29, 2004. Lawyers Involved: Kazi Shahadat Hossain, Senior Advocate, instructed by Md. Nowab Ali, Advoc..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ...............Respondents Judgment March 9, 2005. Service matter: Seniority and Promotion The settled principle of law is that seniority alone is not the sole basis for promotion and that seniority does not create a claim for being promoted although the same crea......lity. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ......s and Mineral Corporation, 51 DLR, 104; 4 BLC (AD) 65; Secretary, Ministry of Communications, Road and Road Transport Division and another Vs. Md. Azizur Rahman and others, 46 DLR (AD) 19. Lawyers Involved: Syed Mahbubur Rahman, Advocate-on-Record-For the Appellants. Abd..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......What happened was when the Civil Court was on vacation with effect from 2nd December, 1994 till 2nd January, 1995, respondent Nos. 1 and 2 needed to file a suit against the appellants with a prayer for ad interim injunction and having found the doors of the Civil Court closed moved the High Court......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ......ladesh Bank & others..........Defendant-Appellants vs Messers Fabrica Nacional De Monedy Timbre & others..............Respondents Judgment April 1, 1997. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocat..Category: Civil Law | Date: | Hits: 119
Abul Hashem Vs. State, 2006, 35 CLC (AD)
....of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......ch 7, 2004. Lawyers Involved: Syed Ziaul Karim, Advocate instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondents Criminal Petition for leave to Appeal No. 45 of 2004 (From the Judgment and Order dated 10.01.2004 passed by t......of case under the Provisions of Nari-O-Shishu Nirjatan (Bishes Bidhan) Ain, 1995 in the light of the observation/direction made above. The leave petition is thus disposed of. Ed. ......bul Hashem..........................Petitioner Vs. The State represented by the Deputy Commissioner, Cox's Bazar...........Respondent Judgment March 7, 2004. Lawyers Involved: Syed Ziaul Karim, Advocate instructed by Md. Nowab Ali, Advocate-on-Record..Category: Criminal Law | Date: | Hits: 30
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ...... Rajbari P.S Case No. 2 dated 09-07-1990 being G.R No. 47 of 1990. Sessions Judge After holding trial convicted the petitioner under section 302 of Penal Code sentencing him to suffer imprisonment for life and pay a fine of Tk. 5,000/00 and in default to suffer rigorous imprisonment for further ......satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......na alias Zillur Rahman.........Convict Appellant (In Jail) vs The State…………………..Respondent Judgment March 7, 2004 Lawyers Involved: Idrisur Rahman, Advocate instructed by A. K. M. Shahaidul Huq Advocate-on-..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......instructed by Md. Nawab Ali, Advocate-on- Record-For the Petitioner. Dr. M. Zahir, Senior Advocate, (Dr. A. K. M. Ali, Advocate with him) instructed by Md. Altab Hossain, Advocate-on-Record-for the Respondent No. 1 Not Represented-Respondent No. 2 Judgement: &nb......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......ir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 16, 2005. Lawyers Involved: Khandaker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali,..Category: Property Law | Date: | Hits: 31
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......nbsp; Syed J. R Mudassir Husain CJ .- This Appeal by leave at the instance of Md. Jahangir Alam (Selim) Writ Respondent No. 4, a candidate for election for the post of Chairman of No.9 Kaimpur Union Parishad under Kashba upazila, District......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......am (Selim)....................Appellant vs Md. Hebjul Bari and others…………………...Respondents Judgment August 3, 2004 Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ...... Ali, Advocate-on-Record......For Respondent No.2 (In Criminal Appeal No. 99 of 1998) Ex- parte-Respondent No. 1. (In Criminal Appeal No. 99 of 1998) Md. Nowab Ali, Advocate-on-Record-for Respondent nos. 2 & 3 (In Criminal Appeal No. 100 of 1998) Ex-parte-Respondent No. ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......llip;……….. Appellants (In both Appeals) Vs Chairman, 2nd Labour Court and others........ Respondents (In both Appeals) Judgment May 13, 2002. Lawyers Involved: A. K. M. Abdul Hakim Advocate, instructed by Md. Aftab Hossain. Advocate-o..Category: Employment/Service Law | Date: | Hits: 55
Kanai Lal Roy Vs. Swaraswati Roy, 2006, 35 CLC (AD)
....e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......sp; Md. Ruhul Amin J: - The appeal arises out of a petition seeking review of the judgment dated August 17, 2002 in Civil Appeal No.151 of 2000. The aforesaid appeal was filed against the judgment dated November 4,1999 of a Division Bench of the Hig......e with law by giving opportunity to the concerned party to produce the will itself in question and prove it by adducing evidence". There is no order as to cost. Ed. ......m J Kanai Lal Roy.... ..............Appellant Vs. Swaraswati Roy alias Srimati Swaraswati Roy and others............Respondents Judgment October 31, 2004 Lawyers Involved: M.K. Rahman, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-R..Category: Property Law | Date: | Hits: 62
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