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Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....spondents Judgment February 15, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 209 of 2009. (From the judgment and order dated 18.5.2008 passed by t......low. Considering the facts and circum­stances of the matter, we find no merit in this petition, which is accordingly dis­missed. Ed. This Case is also Reported in: VII ADC (2010) 418. ...... 2. Respondent Nos. 1 and 2 instituted Title Suit No. 87 of 2000 in the Court of Senior Assistant Judge, Sundargonj, Gaibandha, for specific performance of contract in respect of the suit land. The plaintiffs case, inter alia, is that the defendant's father Obaidul Haque was the owner in possessio..

Category: Property Law | Date: | Hits: 17

Biman Bangladesh Airlines and others Vs. Al Rojoni Enterprise, 2010, 39 CLC (AD)

....instructed by Zahirul Islam, Advocate-on-Record-For the Petitioners. A. B. M. Baizid, Advocate, instructed by Syed Mahbubur Rahamn, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 444 of 2009. (From the judgment and order dated 26.11.2008 passed by ......nd order dated  26.11.2008 passed by the High Court Division in First Appeal No. 28 of 2004, be stayed till dis­posal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 415. ......2.01.1999 by Biman but it was never delivered in spite of enquires, notices and reminders. The peti­tioner contested the suit by filing a written statement denying all material averments made in the plaint. 3. After hearing, the Trial Court, dismissed the suit. 4. Thereafter, the resp..

Category: Civil Law | Date: | Hits: 85

Saleh Ahmed Vs. Sreemati Rani Prava Mitra and others, 2010, 39 CLC (AD)

....rd-For the Petitioner. Subrata Chowdhury, Advocate, instructed by A. K. M. Shahirul Huq, Advocate-on-Record-For Respondent Nos.1 and 2. Not represented- Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 1422 of 2009. (From the judgment and order dated 24.02.2008 passed by the......ch circumstances, the con­tentions raised on behalf of the petitioner, has got no substance. In the result, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 408. ......the Partition Suit No.25 of 1999 in the Court of Joint District Judge, Patiya, against the respondent Nos.1 to 8, praying for a decree for parti­tion of the property mentioned in the schedule to the plaint. 4. The case of the plaintiff, in brief, are that admittedly the  land described in sched..

Category: Limitation Law | Date: | Hits: 181

Md. Abul Kashem Vs. Mahmudul Hasan @ Major General Mahmudul Hasan (Rtd.) and others, 2009, 38 CLC (AD)

....-Record-For the Petitioner. AJ Mohammad Ali, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-10. Civil Petition for Leave to Appeal No.1190 of 2009. (From order dated 16.04.2009 passed by the High Court Divisi......e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ......e no bearing upon the ultimate decision in the election petition. With this observation this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 404. ..

Category: Election Law | Date: | Hits: 116

Chand Bibi being died her heirs and others Vs. Mosammat Towhide Begum and others, 2010, 39 CLC (AD)

....Uddin Ahmed, Advocate-on-Record-  For the Petitioner. Mazibur Rahman, Advocate-on Record-For respondent Nos. 1 & 2. Not represented- For respondent Nos. 3-57. Civil Petition for Leave to Appeal No.2011 of 2009. (From the Judgment and Decree dated 16th August, 2009 pa......the rules. The operation of the impugned judg­ment and order of the High Court Division be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 397. ......f 2009. (From the Judgment and Decree dated 16th August, 2009 passed by the High Court Division in Civil Revision No.5266 of 2004) Order SK Sinha J.- The petitioners who are the plaintiffs preferred this petition for leave to appeal from the judgment and order dated 16th August..

Category: Property Law | Date: | Hits: 25

Riaz Uddin Ahmed Vs. Khondakar Khorshed Ali, 2010, 39 CLC (AD)

....e Petitioner. Not represented-the Respondents. Civil Review Petition No. 136 of 2009. (From the judgment and order dated 30.07.2009 passed by Appellate Division in Civil Petition for Leave to Appeal No. 1733 of 2008.) Judgment Surendra Kumar Sinha J. - The review ......n. In the premises, we do not find any substance in the Review Petition. Accordingly, the Review Petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 392. ......ed in Other Class Suit No. 142 of 1977 by practicing fraud upon the Court by showing false report as to service of summons and on the basis of a forged karfa created in the name of a dead person. The plaintiff claimed the suit land by inheritance and possession thereon. 3. The defendant No.1 ..

Category: Property Law | Date: | Hits: 21

Muhammad Ali Vs. Mrs. Khaleda Rahman and others, 2009, 38 CLC (AD)

.... Court, in Miscellaneous Appeal No. 134 of 1999, allowing the same and reversing the judgment and order dated 20.5.1999, passed by the Senior Assistant Judge, First Court, Dhaka, rejecting the prayer for pre-emption in Pre-emption Miscellaneous Case No.80 of 1991. 2. The facts in short are th......ourt and restored that of the Trial Court. Under such circumstances, this appeal is dismissed but without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 382. ....... 600 of 1991 dated 19.5.1997 and also the judgment of dismissal of Leave Petition No. 714 of 1997 arising therefrom and passed by the Appellate Division on 12.11.1997. 18. It appears from the plaint of Title Suit No. 131 of 1993 filed by the pre-emptee that it was prayed inter alia that the ..

Category: Property Law | Date: | Hits: 27

Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)

....llaneous Case No. 62 of 1995. 2. The facts in short are that the appellant instituted a suit being Title Suit No. 261 of 1963 in the Third Court of Assistant Judge, Dhaka, on 5.9.1968, praying for a decree for eviction of the defendant as licensee. The suit was decreed ex parte on 27.2.1975 a......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ......e record of the suit. Thereafter, by his judgment and order dated 9.7.1997, allowed the review miscellaneous case and directed restitu­tion of possession of the suit property. 6. As such, the plaintiff filed an appeal being Miscellaneous Appeal No. 177 of 1977 before the District Judge, Dhak..

Category: Civil Law | Date: | Hits: 105

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....uct­ed by Taufique Hossain, Advocate-on-Record-For the Petitioner. Ajmalul Hossain, QC, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1839 of 2009. From the judgment and order dated 05.01.2009 passed by the ......ry of Sylhet and Chittagong. The parties (instant peti­tioner and respondent) subsequently extended the area of operation by the instant respondent, as GSA, to the territory of Dhaka by effecting an amendment agreement dated 27.01.2001. The said amended agreement contained specific terms, condition......ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)

.... the Rule. 2. The prosecution case, in short, is that the appellant as complainant filed a petition of complaint against the accused-persons alleging, inter alia, that they committed an offence of forgery, interpolation, wrongful gain and criminal misconduct. The learned Senior Special Judge, Sun......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ......ust, 2002 passed by the High Court Division in Criminal Revision No.218 of 2002 discharging the Rule. 2. The prosecution case, in short, is that the appellant as complainant filed a petition of complaint against the accused-persons alleging, inter alia, that they committed an offence of forgery, ..

Category: Criminal Law | Date: | Hits: 46

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....5. Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 536 of 2008. (From the judgment and order dated 13.11.2007 passed by ......and 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 MLR (AD) (2010) 99. ......allowing the appeal reversing those dated 30.10.1991 passed by the Senior Assistant Judge, Feni, in Title Suit No.11 of 1990 decreeing the suit. 2. Facts, in brief, are that the petitioner, as plaintiffs filed the above suit stating that Rani Harshamukhi Singha, land lady of Bhulua of the Par..

Category: Property Law | Date: | Hits: 24

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....271. Lawyers Involved: Moudud Ahmed with SK. Razzaque Ali, A.M. Mahbubuddin, Ms. Ireen Mahbub, Humayun Kabir Bulbul, Md. Anowarul Islam, Ms. Meherunnessa and Ms. Ferdous Akter Waheda- Advocates for the Petitioner. Mahmudul Islam, Attorney Gen­eral with Obaidur Rahman Mustafa, Deputy Attorn......ackground for introducing Article 70 in the Constitu­tion. He submits that the compulsion for the inclusion of Article 70 in the original Constitution of 1972 and the amend­ments thereof up to 12th amendment, 1991 can be traced back to the bitter experience in the past when floor crossing and hors...... "Then as to the argument based on the words 'the question shall be referred for the decision of the Governor', these words do not import the assumption that any other authority has to receive the complaint and after a prima facie and initial investigation about the complaint, send it on or refer it..

Category: Constitutional Law | Date: | Hits: 171

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

.... by a Division Bench of the High Court Division in the said writ petition Making the Rule Nisi absolute and directing respondent No.1, Speaker, Bangladesh Jatiyo Sangshad (respondent No. 3 herein) to forward the dispute as raised by the writ-petitioners, the Chief Whip and the Deputy Leader of the o...... from 18.9.91. The Expla­nation gives a wider application to the act of voting in Parliament against the party, but does not extend or curtail the width and breadth of the word "resign". This latest amendment prompts the learned Attorney Gen­eral, appearing on behalf of the ap­pellant, to argue t......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..

Category: Constitutional Law | Date: | Hits: 138

Anti Corruption Commission Vs. Barrister Mohammad Shahjahan Omar and another, 2009, 38 CLC (AD)

....afique-Ul Huq, Senior Advocate (Ahsanul Karim, Advocate with him) instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No.2. Criminal Petition for Leave to Appeal No. 160 of 2009. (From order dated 14.01.2009 passed by the High Court Di......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ......ous Case No.1950 of 2009 is stayed with direction to the respondent No.1 to surrender before the concerned Court within 2 (two) weeks. Ed. This Case is also Reported in: VII ADC (2010) 349. ..

Category: Others | Date: | Hits: 106

Md. Asheque Ali Vs. Md. Shamsul Hoque Sarder and others, 2010, 39 CLC (AD)

....pondents Judgment February 15, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 123 of 2009. From the judgment and order dated 52.5.2008 passed by th......-petitioner will be at liber­ty to file a fresh suit, if so advised, on fresh cause of action for allotment of sham, if there be any. Ed. This Case is also Reported in: VII ADC (2010) 333. ...... From the judgment and order dated 52.5.2008 passed by the High Court Division in Civil Revision No. 3693 of 2004.) Judgment SK Sinha J. - This leave petition at the instance of the plaintiff is directed against the judgment and order dated 22nd May, 2008 of a Single Bench of the H..

Category: Property Law | Date: | Hits: 18

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....awyers Involved: Goutum Roy, Deputy Attorney General, instructed by Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 165 of 2009. (From the judgment and order dated 26.10.2008 passed by ......rived 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) 330. ......f 1990. 2. The petitioner instituted Title Suit No. 18 of 1990 in the 2nd Court of the learned Subordinate Judge, Sylhet for a declarations that the first schedule land is acquired land of the plaintiff and that the settlement in respect of second schedule land in favour of defendant No. 4 by..

Category: Property Law | Date: | Hits: 25

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

.... February 14, 2010. Lawyers Involved: Nurul Islam Chowdhury, 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 ......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. ......er of the defendants. These defen­dant Nos.1 and 2 were minors, who inher­ited the suit land from their mother. Their father, Taslim Uddin entered into a contract for sale of the said land with the plaintiff at a consideration money of Tk.36,000/- out of which he received Tk.7,000/- as earnest mon..

Category: Property Law | Date: | Hits: 26

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

.... Involved: Md. Abdul Wadud Bhuiyan, Senior Advocate, instructed 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 t......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. ......dge, Second Court, Dhaka, praying for declara­tion of title and recovery of khas posses­sion of the suit land. 3. Defendant No. 1 contested the suit by filing a written statement denying the plaintiffs title, possession and also the contentions in respect of dispossession as alleged in the ..

Category: Property Law | Date: | Hits: 21

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

....-For the Petitioner. Not represented- the Respondents. Civil Review Petition No. 8 of 2009. (From the judgment dated 02.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1928 of 2007.) Judgment Md. Abdul Matin J.- This review petit......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. ...... 02.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1928 of 2007 where­by leave petition was dismissed. 2. The facts, in short, are that the petition­er as plaintiff instituted a suit being Title Suit No. 10 of 1998 in the Court of the learned Joint Distri..

Category: Property Law | Date: | Hits: 22

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

.... Judgment July 19, 2009. Lawyers Invoplved: Abu Sams Md. Khalequzzaman, Advocate-on-Record-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......he plaint, the plaintiffs could not collect all the necessary papers and thereby could not include the same in the plaint but now they have collected the necessary papers and filed an application for amendment of the plaint which may be allowed by the Appellate Division and the case be sent on reman......Revision No.458 of 2005 discharging the rule with cost 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..

Category: Property Law | Date: | Hits: 35