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Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)

.... District Judge) Kishoreganj in Other Appeal No. 139 of 1995 allowing the same upon reversing the judgment and decree dated May 20, 1995 of the Court of Assistant Judge, Kotiadi, Kishoreganj in Other Class Suit No. 28 of 1994 decreeing the same. The suit was filed seeking declaration of title in res....... Aftab Hossain, Advocate-on-Record— For the Petitioner. AKM Shahidul Huq, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-19. Civil Petition for Leave to Appeal No. 1716 of 2005 (From the Judgment and Order dated March 14, 2005 passed by the High Cour..

Category: Tenancy Law | Date: | Hits: 156

AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)

....red under Article 114 of the Limitation Act. In our opinion, the contention so made is not legally well founded since the plaintiff has sought for a dec­laration that the decree passed in Other Class Suit No. 26 of 1993 has become void, inoperative and unenforceable and for recovery of khas ...... Appellant. Rafique-ul Huq, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent Nos. 2 and 3. Civil Appeal No. 229 of 2003 (From the Judgment and Order dated April 9, 2003 passed by the High ..

Category: Property Law | Date: | Hits: 94

Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)

....istrict Judge, Rangpur in Other Appeal No. 224 of 1986 setting aside the judgment and decree dated December 7,1986 of the Court of Munsif (now Assistant Judge), Mithapukur Upazila, Rangpur in Other Class Suit No. 313 of 1983 dismissing the same. 2. The suit was filed seeking declaration t......he Appellant. Rabi Sankar Chakraborty, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record—For Respon­dent No. 1. Not Represented—Respondent No. 2 Civil Appeal No. 161 of 2002 (From the Judgment and Order dated June 29, 2000 passed by the High Cou..

Category: Property Law | Date: | Hits: 35

Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)

....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ...... Sultan Hossain Khan, Deputy Attorney-General, with B. B. Roy Chowdhury, Assistant Attorney-General, instructed by S.S. Hoda, Advocate–on-Record — For the Respondent. Civil Appeal No. 25 of 1976 ( From the Judgment and Order  dated 5-7-73 passed by the High Co..

Category: Property Law | Date: | Hits: 36

Mosharraf Hossain Vs. Md. Amir Hossain, Munsif, Election Tribunal and anr, 1978, 7 CLC (AD)

....nance does not cast imperative duty on the Tribunal to adjourn a case on the grounds made out in the transfer petition. The appeal is dismissed without any order as to coast. Ed. ......cord.—For the appel­lant. T. Ali Senior Advocate instructed by Abdur Rab-II, Advocate-on-Record — For respondent No. 2 Not Represented - Respondent No.1. Civil Appeal No. 112 of 1977 (On Appeal from the Judgment and the Order dated 25.05.77 passed by ..

Category: Election Law | Date: | Hits: 122

Baitul Mukarram Vs. Taxation Officer and another, 1978, 7 CLC (AD)

....g a different meaning which the legislature did not intend thereby. We find no substance in the contention of Mr. Sobhan. The appeal is dismissed without any order as to costs. Ed. ...... Judgment June 2, 1977 Cases Referred to: Parsu Dhondi Vs. Trustees of the Port, Bobbay, AIR 1930 Bombar 44; Commissioner of Taxation Vs. Trustees of St. Mark's Glebe, 1902 Appeal Cases 416; Norman Vs. Norman, 1950 (1) All England Law Reports 1082. Lawyers involve..

Category: Fiscal/Taxation Law | Date: | Hits: 90

Solicitor repre­sented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)

....ode. 3. Upon the said F.I.R, Police started inves­tigation and during the investigation, the accused-respondent No.1, Anisuzzaman Chowdhury filed an application before the Magistrate 1st Class, Bagerhat with a prayer for taking back the seized goods. The Magistrate upon hearing the pa...... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 88

Amirul Islam and others Vs. The State and another , 2005, 34 CLC (AD)

....oresaid. We are fully in agreement with the findings and decisions arrived at by the High Court Division and we find no merit in this applica­tion. Accordingly, it is dismissed. Ed. ...... the Petitioners. Mansur Habib, Advocate, instructed by Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented- Respondent No.1 Criminal Petition for Leave to Appeal No. 251 of 2005 (From the judgment and order dated 18th July, 2005 passed by the High..

Category: Criminal Law | Date: | Hits: 41

Dock Workers Management Board Vs. Muhammad Ismail and others, 2005, 34 CLC (AD)

....yed for. Operation of the impugned judgment and Order dated 01.03.2005 passed by the High Court Division in Writ petition No.890 of 2003 be stayed till disposal of the appeal. Ed. ...... Md. Rafiqul Islam Mia, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-3 Not represented-Respondent Nos.4-6 Civil Petition for leave to Appeal No.742 of 2005 (From the Judgment and Order dated 01.03.2005 passed by the High Court..

Category: Employment/Service Law | Date: | Hits: 88

Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)

.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ...... CWN 659, 39 CWW 934, 6 DLR 267, 17 DLR (West Pakistan) 26, 22 DLR 664. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant Ex-parte- Respondent Civil Appeal No.201 of 2001 (From the Judgment and Order dated July 20, 1999 passed by the High C..

Category: Trust/Waqf Law | Date: | Hits: 266

Forest Ranger, Bhaluka Range Office, M.singh & ors Vs. Hamid & sons Ltd. & ors , 2005, 34 CLC (AD)

.... The petitioners are also permitted to pre­pare paper book out of court in accordance with rules. Stay granted earlier be further extended till disposal of the appeal. Ed. ......ah, Advocate with him) instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented—For the Respondent Nos. 2 &3. Civil Petition for Leave to Appeal No. 196 of 2005 (From the judgment and Order dated 20.04.2004 passed by the High Cour..

Category: Property Law | Date: | Hits: 41

Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)

....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......huiyan, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent Nos. 1&2 Not represented- Respondent Nos. 3 & 4 Civil Petition for Leave to Appeal No.1663 of 2004 (From the judgment and order dated 18.08.2004 passed by the High Cour..

Category: Property Law | Date: | Hits: 37

State Vs. A. K. M. Saiful Islam, 2005, 34 CLC (AD)

.... in the appeal accordingly, the appeal is allowed and judgment and order of the High Court Division is set aside. The aforesaid Sabujbagh P. S. Case proceeds in accordance with law. Ed. ...... Golam Kibria, Deputy Attorney General, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Appellant Md. Nawab Ali, Advocate-on-Record-For the Respondent Criminal Appeal No.34 of 2000 (From the judgment and order dated 14-11-1999 passed by the High Court..

Category: Criminal Law | Date: | Hits: 90

State Vs. Ali Ahmed and other, 2005, 34 CLC (AD)

....on is justified to acquit them of the charge. On perusal of the judgment of the High Court Division we do not find any error. The petition is dismissed. Ed. This Case is also Reported in: ......awyers Involved: Abdur Razzaque Khan, Additional Attorney General instructed by B. Hossain Advocate-on-Record-For the Petitioner. Not represented-Respondents. Criminal Petition for Leave to Appeal No.152 of 2003 (From the Judgment and Order dated 27.08.2002 passed by the High Court Divi..

Category: Criminal Law | Date: | Hits: 43

Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)

.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed with­out any order as to costs. Ed. ......e, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant Md. Nawab Alt, Advocate-on-Record- For Respondent No.1 Not represented- Respondent Nos.2 & 3 Civil Appeal No. 81 of 2003 (From the Judgment and Order dated November 28, 2001 passed by the Hi..

Category: Property Law | Date: | Hits: 38

Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

....on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ......ellant. Rokanuddin Mahmud, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Cou..

Category: Banking Law | Date: | Hits: 124

Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)

....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals with­out, however, any order as to costs. Ed. ......h; Respondent No. 1(In C.A. No. 32 of 1999) Not represented- Respondent Nos. 2-3 (In C.A. No. 32 of 1999) Not represented- Respondents (In C.A. Nos. 31 & 33 of 1999) Civil Appeal Nos. 30 and 31 of 1999 (From the judgment and order dated 1 December 1998 passed by ..

Category: Employment/Service Law | Date: | Hits: 103

Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......nt No.5 (In both the cases) Not represented- Respondent Nos.1-4, 6-42 (In C.P. No. 1735 of 2005) Not represented- Respondent Nos.1-4, 6-45 (In C.P. No 50 of 2006) For Leave to Appeal No.1735 of 2005 (From the Judgment and order dated 31.08.2005 passed by the High Cou..

Category: Property Law | Date: | Hits: 31

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

....ubordinate Judge (now Joint District Judge), Natore in Title Appeal No. 241 of 1989 reversing the judgment and decree dated October 29, 1987 of the Court of Assistant Judge, Sadar, Natore in Other Class Suit No.72 of 1986 dismissing the same. The suit was filed seeking separate saham of 19 decim......awab Ali, Advocate-on-Record- For the Appellant.     A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent No. 2. Civil Appeal No. 68 of 2002 (From the Judgment and Order dated May 10, 1998 passed by the High Co..

Category: Property Law | Date: | Hits: 28

Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)

....ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ...... Lawyers Involved: Lutfor Rahman Mondal, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Appellants Aftab Hossain, Advocate-on-Record-For Respondent Civil Appeal No. 317 of 2002 (From the judgment and order dated 30.10.2001 passed by the High Cou..

Category: Property Law | Date: | Hits: 33