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Anti-Corruption Commission Vs. Sigma Huda and another, 2008, 37 CLC (AD)
....tion 10 The Emergency Power Rules, 2007, Rule 11(2) The appellate Division will not interfere with the decision of the High Court Division if the later has followed the observations made by the former in another Case of the similar subject matter. Bail may be granted when the accused has se......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ......ind that the judgment and order of the High Court Division suffers from any infirmity. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 227. ..Category: Anti-Corruption Laws | Date: | Hits: 143
Anti-Corruption Commission Vs. ATM Nazimullah Chowdhury and others, 2010, 39 CLC (AD)
.... instructed by Sufia Khatun, Advocate-on-Record-For the Petitioner. Rafique-ul-Huq, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No.411 of 2009. (From the judgment and order dated 12-11-2008 passed by the H...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ...... a copy of the order be communicated to the learned Judges of the High Court Division and the leaned Special Judge, Court No.9, Dhaka. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 225. ..Category: Anti-Corruption Laws | Date: | Hits: 186
....q Siddiqi, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 1 (In both the cases)
Not represented-Respondent No. 2 (In both the cases)
Civil Petition for Leave to Appeal Nos. 111 and 112 of 2008.
(From the judgment and order dated 18.02.2008 passe......y of Foreign Affairs and (c) fifty percent (50%) of the post of Deputy Secretaries and above in the Ministry of Law and that the said ratio of reserved posts was subsequently modified and enhanced by amendment of the Senior Services Pool Order, 1979, vide SRO.43-L/83 dated 08.02.1983 to the extent o....... Such a somersault on the part of the appellants is highly disapproved and deprecated. It is to be noted that in a proceeding where Government is sued or Government sues the authority to be named as plaintiff or defendant or petitioner or appellant or respondent is "Bangladesh" as per provision of ..
Category: Constitutional Law | Date: | Hits: 207
Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
....cted by Sharifuddin Chakladar, Advocate-on-Record-For the Petitioners. Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by ......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ......cted against the judgment and order dated 14.07.1999 passed by a Single Bench of the High Court Division in Civil Revision No.2052 of 1996 making the Rule absolute. 2. Short facts are that the plaintiffs instituted Title Suit No.85 of 1992 for declaration that the two saf kabala deeds describ..Category: Property Law | Date: | Hits: 34
....rs were in possession of the case land set aside the above order dated 12.01.1982 and restored the mutation in the name of appellants and others. Then Shihamul Haque preferred Appeal No. 96 of 1984 before the Board of Land Administration and after hearing the same was dismissed Shihamul Haque then f......8.06.1972 and thereafter Shibulal Tanti filed Title Suit No.150 of 1972, in the same court against Shihamul Haque and others seeking same declarations as made in the previous suit and then prayed for amendment which was rejected as the suit filed earlier was dismissed. Against this order of rejectio......judge, 1st Court, Gazipur in Title Suit Nos. 25 and 16 of 1992 dismissing the suits.
2. The facts in short are that the appellants in Civil Appeal. No. 8 of 2005 i.e. Mohiuddin Khan and another as plaintiff filed the above Title Suit No.16 of 1992 on 06.02.1992 against the heirs of Shihamul Haque..
Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....ad Yaqoob Vs. State PLD 1978 Karachi 723. Lawyers Involved: Mahbubey Alam, Attorney General (with A.K.M. Zahirul Haque, Additional Attorney General) instructed by B. Hossain, Advocate-on-Record-for the Petitioner. Rafique-Ul-Huq, Senior Advocate (with Ahsanul Karim, Advocate), instructed by......therefore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ...... impugned judgment and order dated 22.7.2009 on the ground that the letter dated 19.6.2007 issued by the Bangladesh Bank allegedly cording authority to the informant S. I. Rafiqul Islam to lodge complaint having been issued long after the lodgment of the F.I.R. can not be taken to have authorize..Category: Fiscal/Taxation Law | Date: | Hits: 75
M. Ali Asgar Vs. M. Muktar Hossain and others, 2008, 37 CLC (AD)
.... July 21, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No. 83 of 2007. (From the judgment and order dated the 1st day of Febru...... 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) 1019. ...... taka one crore only. 3. Mr. Md. Nawab Ali, learned-Advocate-on-Record, appearing for the petitioner submitted that the High Court Division erred in law in misreading the petition of complaint which, apart from narrating the back ground of the case, specifically mentions, particu..Category: Criminal Law | Date: | Hits: 116
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....ch 9, 2009. Lawyers Involved: Sirajul Islam Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed b......urisdiction. There is no illegality in the impugned judgment and order. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1012. ......contested the suit by filing written statement asserting, amongst others, that it suffered loss due to devastating cyclone of 1997 and accordingly prayed for exemption of interest and that the plaintiff bank considered the prayer favourably and allowed exemption of a portion of the accr..Category: Civil Law | Date: | Hits: 136
Abul Hossain and another Vs. Hazi Md. Rezaul Karim and others, 2009, 38 CLC (AD)
....a Khatun, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-65. Civil Petition for Leave to Appeal No. 237 of 2006. (From the judgment and order dated the 15th day of Dec......bsp; Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 1000. ......inst the judgment and order dated 15.12.2005 passed by the High Court Division in Civil Revision No.251 (P.M.) of 2005 discharging the Rule. 2. The facts of the case, in short, are that the plaintiff-petitioners instituted Other Suit No. 334 of 2004 in the Court of Assistant Judge, Chakar..Category: Property Law | Date: | Hits: 88
Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD)
.... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ...... Click here to view the full judgment: Fifth Amendment to the Constitution of Bangladesh Judgment, 2005, 34 CLC (HCD) ..Category: Constitutional Law | Date: | Hits: 228
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
.... June 24, 2009. Result: The appeal is allowed without any order as to costs. High Court Division can make an order of remand while exercising revisional jurisdiction if it is so required for full and effective adjudication of all the relevant points involved in a case. No remand order c...... that since complicated question of title is involved the High Court Division acted in accordance with law in remanding the case for being tried also as a suit for declaration of title after required amendment of the plant. 11. Careful examination of the materials on record shows that both the t......36 of 2003. (From the judgment and order dated 18.2.2002 passed by the High Court Division in Civil Revision No.1788 of 1997.) Judgment Md. Joynul Abedin J.-This appeal by leave by the plaintiffs is directed against the judgment and order dated 18.02.2002 passed by the High Court Divi..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
.... obligatory to submit to the due process of law who seeks the interference on revision of a judicial order. The rule of law depends upon definite principles and binding precedent, which together make for certainty, uniformity and predictability. These in turn provide the foundation of fairness in ju......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ......disposal of the writ petition. Let a copy of the order be communicated to concerned learned Judges of the High Court Division. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 44. ..Category: Anti-Corruption Laws | Date: | Hits: 211
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....ufia Khantun, Advocate-on-Record- For the Petitioners. Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-11. Civil Petition for leave to Appeal No.73 of 2007. Judgment ......ubmissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 303. ......imed the property and he alone also did not possess the same. Balram as the elder brother and Karta of the joint family purchased the land in his name out of the income of joint property; that the plaintiff purchased 0.03 acre land from suit S.A. Khatian No. 1997 by registered kabala dated 15.12..Category: Property Law | Date: | Hits: 99
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.... A .J. Mohammad Ali, Senior Advocate, instructed by Zainul Abedin, Advocate-on-Record- For the Respondents Nos.1-3. None represented-For the Respondent Nos.4-9. Civil Petition for leave to Appeal No.1283 of 2006. Judgment &nb...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ...... dated 28.08.1995 passed by the learned Senior Assistant Judge, 1st Court, Patiya, Chittagong in Other Class Suit No. 14 of 1981 decreeing the same. 2. The respondent Nos.1-3 and another as plaintiffs on 06.02.1981 instituted Other Class Suit No.14 of 1981 in the Court of learned Assistan..Category: Property Law | Date: | Hits: 92
Sakat Ali Gazi and others Vs. Mr. Abdur Razzaque and others, 2009, 38 CLC (AD)
....es). Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent Nos. 1-3 (In both the Cases). Not Represented-For the Respondent Nos. 4-54 (In both the Cases). Civil Petition for leave to Appeal No. 749-50 of 2008. Judgment ......l. 9. Therefore, we find no substance in these leave-petitions and accordingly both the petitions are hereby dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 219. ......d common questions of law being involved in both petitions, the same are disposed of by this judgment. 3. The facts, leading to these petitions, in short, are that the respondent Nos.1-3 as plaintiffs filed Title Suit No.179 of 1993 in the Court of the Senior Assistant Judge, Sadar, Jesso..Category: Property Law | Date: | Hits: 90
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....Md. Omar Ali Khan, Advocate (Appeared with the leave of the Court), instructed by Nurul Islam, Advocate-on-Record- For the Petitioner. Not represented- The Respondents. Civil Petition for leave to Appeal No. 631 of 2008. Judgment &nb......ns of the learned Advocate for the petition but find no substance. The leave-petition is accordingly dismissed having no merit. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 206. ......ubordinate Judge (now Joint District Judge), 1st Court, Mymensingh in Miscellaneous Case No. 123 of 1993 dismissing the same. 2. Facts of the case, in short, are that, the predecessor of the plaintiff-respondent instituted Title Suit No. 71 of 1983 before the learned Subordinate Judge (now..Category: Procedural Law | Date: | Hits: 143
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
....y Mvi. Md. Wahidullah, Advocate-on-Record- For the Petitioner. AJ Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No.1199 of 2008. (From the judgment and order dated 5.6.2008 passed by ...... is entitled to reinstatement to her post. Subsequently the plaint was amended to include a prayer for mandatory injunction directing the defendants to pay her emolument. 3. Pursuant to such amendment, the defendant No. 2 filed an application in the trial court for directing the plaintiff ......ppeal has arisen out of the judgment and order dated 5.6.2008 passed by a Single Bench of the High Court Division in Civil Revision No.1431 of 2008 discharging the rule. 2. The respondent as plaintiff filed Title Suit No. 225 of 2001 in the First Court of Assistant Judge, Dhaka and it was..Category: Employment/Service Law | Date: | Hits: 104
Abdur Rahman Chowdhury Vs. Mst. Nurjahan Chowdhury and others, 2001, 30 CLC (AD)
....ructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioner. Md. Sajadul Huq, Advocate-on-Record- For respondent No.1. Not represented- Respondent Nos.2-56 Civil Petition for Leave to Appeal No. 280 of 1995 (From the judgment and order dated 6TH December, 1994 pass......e delay. Security of Tk.1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ......at Wasiatnama dated 1.11.1962 and settlement nama dated 6.11.1968 executed by Abdul Hakim Chowdhury in favour of defendant Nos.1-3 and defendant No.10 respectively are void and not binding upon the plaintiff, has sought leave against the judgment and decree dated 6th of December, 1994 of the Hig..Category: Property Law | Date: | Hits: 97
Moyez Uddin Sikder and others Vs. State, 2007, 36 CLC (HCD)
.... State. Criminal Miscellaneous Case No. 3875 of 2007 Judgement Nozrul Islam Chowdhury, J.- On 29.3.2007 this application under Section 498 of the Code of Criminal Procedure with a prayer for anticipatory bail, was placed before this Court in connection with G.R. Case No. 8 of 2007 arisi...... the Additional Attorney General. Before proceeding with the question of jurisdiction of this Court we choose to quote the provisions of law which is being considered by this Court and the same is an amendment to Jaruri Khamata Bidhimala (Emergency Powers Rules) 2007 namely the said rules made by S.......bstinate expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. SM Emdadul Hoque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
M/S. United Leather International Vs. Artha Rin Adalat and others, 2009, 38 CLC (AD)
....sp; Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1561 of 2008. (From the judgment and order dated 01.07.2008 passed ...... interference. We do not find any merit in this leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 978. ......ce of the pledged goods and thereby to fix the actual claim amount in the suit. 3. The respondent-bank filed Title Suit No. 531 of 2003 for realization of its outstanding dues from the plaintiffs, of which the leave petitioner hereof is the plaintiff No.1 in the suit, amounting to Tk..Category: Civil Law | Date: | Hits: 152
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