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Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
.... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ...... preparation of khatain or payment of rent by such owner does not improve his title in respect of the acquired land. ……(10) Case referred to- Abul Basher vs. Bangladesh 50 DLR (AD) 11. Lawyers Involved: MA Azim, Deputy Attorney-General, instructed by Firoz Shah, Advocate on Record...... error of law in making the Rule absolute and the same requires interference by us. Accordingly, the appeal is allowed with Costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 7. ..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
.... of in accordance with P.O. No. 26 of 1973 and the rules framed thereunder. In the result, the appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 144. ......zal J Mustafa Kamal J Latifur Rahman J Asaduzzaman (Md).....................……………………………...Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. Result: Th......as amended up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Bangladesh who comply with the terms and conditions laid down in the rules framed under the Order, no one has the right to form a similar Society. As the appellant's right does not flow from t..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
....ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137.......Inderjit Barua Vs. Election Commission of India, 1984 SCR, 1911; A.K.M. Hasanuzzaman Vs. Election Commission 1 SCR 493; Election Commissioner of India Vs. Shivaji, 1984 1 Supreme Court Cases 277. Lawyers Involved: S.R. Pal, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Re......ide the uncontested election of the appellant declared on 16 January 1988. A fresh poll is to be held for the Union Parishad. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 137...Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ....... Prem Debi and others AIR 1959 Patna 570; G. Jaykumar Vs. R. Ramaratnam AIR 1972 Madras 212; M.K. Sowbhagiammal and another Vs. Komalangi Ammal and another, AIR 1928 Madras 803; 46 CWN 374 P.C. Lawyers involved: S.R. Pal, Senior Advocate, instructed by Kazi Ebadul Huq, Advocate-on-Record—......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ...... house. This is sufficient corroboration of the statement of the deceased regarding the circumstances in which she received injuries to which she succumbed later on………………………(11) Lawyers Involved: Mainul Hosein, Advocate, (Joynul Abedin, Advocate, with him), instructed by Md.......ut we do not think it appropriate at this belated stage to issue a Rule for enhancement of the sentence. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 130. ..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
.... 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....... Bangladesh and Others (in both the appeals)................................Respondents Judgment October 31, 1989. The Bangladesh Abandoned Properties (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972) Section 2 The Constitution of Bangladesh, 1972 (as amended upto..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. ......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. ......ner Vs. Lt. Col. (Retired) Habibullah Bahar & ors. ..................Respondents Judgment July11, 2006. 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 o..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. ......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......ing with the question of limitation as to when the period of limitation will commence for execution of the decree, or when the point in dispute is as to what court can amend the decree. Order XLI Rule 5, C.P.C, says that an appeal shall not operate as a stay of proceedings under a ..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: ......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......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 the High Court Division in Civil Revision No.1519 of 1992) J..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. ......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......All Advocate-on-Record-For Respondent No. 5 Ex-parte-Respondent No. 1 Not represented-Respondent Nos. 2-4 & 6-27 Civil Appeal No. 48 to 53of 1995 (From Judgment and Order dated 5th April, 1995 passed by the High Court Division, Dhaka in F.A. No. 255 of 1991(Dhaka)..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. ......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......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. ..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. ......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-......Record-For the Appellant Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-3 Civil Appeal No. 127 of 2000 (From the Judgment and Order dated 09.08-1998 passed by the High Court Division, in Writ Petition No. 1659 of 1995). ..Category: Employment/Service Law | Date: | Hits: 84
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....emplated under Section 9(1) of the Ain. The submissions merit consideration. Leave is granted to consider the same. Preparation of paper book is dispensed with as prayed for. Ed. .........................Petitioner vs The State, represented by the Deputy Commissioner, Netrokona…………..Respondent Judgement: March 28, 2004 Lawyers Involved: A. F. M. Mesbahuddin, Senior Advocate instructed by A.K.M. Shahidul Huq, A......structed by A.K.M. Shahidul Huq, Advocate-on- Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 137 of 2003 (From the Judgment and Order dated 9.04.2003 passed by the High Court Division Criminal Appeal No. 473 of 2002) Jud..Category: Criminal Law | Date: | Hits: 57
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. ......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......tructed 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 the High Court Division in Criminal Miscellaneous Case No. 1761 of..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....o. In such circumstances we do not find any reason to lay our hands. The petition is, therefore, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 800. ...... Vs The State...........................Respondent Judgment March 16, 2006. Case Referred to- Siddique Munshi Vs. The State, 44 DLR (AD) 169. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Mrs. Sufia Khatun, Adv......structed by Mrs. Sufia Khatun, Advocate-on-Record-Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 362 of 2005 (From the Judgment and Order dated 21.06.2005 passed by the High Court Division in Criminal Appeal No. 1716 of 1994) ..Category: Criminal Law | Date: | Hits: 52
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: ......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......rim J MA Aziz J Amirul Kabir Chowdhury J S. M. Emdadul Hossain (Bulbul).................................Petitioner Vs. Jinnur Hosain and another.........................Respondent Order: August 8, 2004. Result: Leave is granted. Lawyers Involved: Mansurul Hoq Chow..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. ......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......rs 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 the High Court Division in Criminal Miscellaneous Case No. 1634 of..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
.... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ......er Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka.........Respondent Judgment August 1, 2004. Result: The leave petition is dismissed. Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record......enior Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 193 of 2003 (Form the Judgment and Order dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987) Judg..Category: Criminal Law | Date: | Hits: 50
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. ......llip;……………………………………………...Respondent Order November 22, 2005 Lawyers Involved: Abdul Malek, Senior Advocate, instructed by Sufia Khatun, Advocate-on......s The State……………………………………………………...Respondent Order November 22, 2005 Lawyers Involved: Abdul Malek, Senior Advocate, instru..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. ...... 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......li, 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 the High Court Division in Criminal Appeal No. 5449 of 2001) ..Category: Criminal Law | Date: | Hits: 29
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