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Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
....his title in the suit land which was decreed on compromise on 17.6.1977. 4. The learned Subordinate Judge (now Joint District Judge), after hearing, decreed the suit in part reject the prayer for declaration of the title of the plaintiff in the suit property but setting aside the co......s Judgment October 13, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1026 of 2007. (From the judgment and order dated 22.3.2007 passed by ......ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ......ity or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 525. ..Category: Property Law | Date: | Hits: 74
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....e matter subsequently disclosed and the petitioner being the permanent resident of No.7 Edbarpur Union made an application to the Ministry of the Law, Justice and Parliamentary Affairs and upon his prayer the authority appointed the petitioner as Nikah Registrar for No.7 Edbarpur Union and furthe......ed: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 618 of 2007. (From the judgment and order dated the 22nd day ......o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ..Category: Civil Law | Date: | Hits: 99
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
.... to 28.4.1993 and left the station. However the appellant No. 2, the Regional Manager, Postal Life Insurance, Regional Office, Dhaka by his letter dated 11.4. 1993 informed the respondent that his prayer for leave was refused and he asked him to join his duties. He however was not aware of the s......strative Appellate Tribunal, Dhaka in Appeal No. 61 of 1998 allowing the appeal on contest. 2. The short fact is that the respondent instituted Administrative Tribunal Case No.47 of 1995 before the Administrative Tribunal, Dhaka alleging, inter alia, that he was appointed as Lower Divisio......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ..Category: Administrative Law | Date: | Hits: 159
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....Court, Sherpur passed in Miscellaneous Appeal No.22 of 1999 reversing those of dated 16.6.1999 of the Assistant Judge, Makla, Sherpur passed in the Other Class Suit No.15 of 1999 rejecting the prayer for temporary injunction. 2. The respondent, as plaintiff, filed the above suit seek..........Respondent Judgment June 13, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 350 of 2007. (From the judgment and order dated 27.6.2005 passed by ......ere 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: VI ADC (2009) 485. ......ere 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: VI ADC (2009) 485. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Feroz Alam, 2008, 37 CLC (AD)
....tioner made representation to the Ministry of Commerce for release of the imported goods and said Ministry vide its letter dated 21.8.1996 granted permission to release the goods. Upon further prayer of the writ petitioner, said Ministry issued another letter dated 21.8.1996 correcting its e......d by Zainul Abedin, Advocate-on- Record-For the Petitioners Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1065 of 2007. (From the judgment and order dated 5.6.2007 passed by ...... 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: VI ADC (2009) 466. ...... 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: VI ADC (2009) 466. ..Category: Business or Commercial Law | Date: | Hits: 163
Md. Ershad Ali @ Hajee Ershad Ali Vs. Hajee Ashid Ali and others, 1994, 23 CLC (AD)
.... the suit, filed an application for temporary injunction and the trial Court by order dated 31-10-87 directed the parties to maintain status quo. On 3-12-87, the trial Court allowed the plaintiffs' prayer for amendment of the plaint after paragraph 4 of the plaint in the following terms, as praye......igh Court Division in Civil Revision No. 2114 of 1990, discharging the Rule. 2. The respondents as plaintiffs filed Title Suit No. 193 of 1987 in the Court of Assistant Judge, Sadar, Sylhet for declaration of an easement right over the suit pathway, confirmation of possession an...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ...... not comprehending the nature and scope of the suit itself. The appeal is allowed but without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 833. ..Category: Procedural Law | Date: | Hits: 64
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
.... and registered those four deeds. He did not receive any consideration money for those deeds. Defendant No. 1 collusively created those four deeds for wrongful gain and hence the suit with the prayer for a declaration that registered deed Nos. 2405, 2407, 2412 and 2419 dated 1-3-79 executed ......rhat in Other Class Suit No. 36 of 1985, dismissing the suit. 2. The plaintiff-respondent Md. Mujal Mollah (substituted by his heirs and successors since his death) instituted the suit for a declaration that four kabalas are null and void and not binding upon him. He averred that the......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ......fore in allowing the appeal without any order as to costs. The lower appellate Court's judgment and decree are restored. Ed. This Case is also Reported in: II ADC (2005) 822. ..Category: Property Law | Date: | Hits: 34
State Vs. Md. Abdus Satter and others, 2004, 33 CLC (AD)
....February, 1999 giving priority to his case over all other cases. It is to be mentioned here that the accused respondents earlier moved the High Court Division several times for bail but their prayers were rejected. The accused respondents also moved this Division in criminal Petition f...... of Sahiduzzaman, hi which he stated that accused Respondent No. 2 Md. Abdur Rahman attacked him and struck on his abdomen, hand and head with broken handle of a chair causing fractures on his head for which he was treated at the Combined Military Hospital. On the same day C.S. witness No. 16 S. ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ......ng the respondents on bail in the interest of justice, the trial Court will be competent to make appropriate order as regard them. Ed. This Case is also Reported in: II ADC (2005) 790. ..Category: Criminal Law | Date: | Hits: 44
State Vs. Kamal Uddin @ Pichchi Kamal, 2005, 34 CLC (AD)
....epartment (CID) and thereupon supplementary Charge sheet was submitted on 03.12.2001 wherein the respondent was also challenged. The respondent prayed for bail before the Sessions Judge who the prayer and hence he moved the High Court Division under section 498 of the Code of Criminal Procedur...... respondent in Sessions Case No. 365 of 2002 arising out of Muradnagar RS. Case No. 4 dated 08.03.2002 under Sections 302/34 of the penal Code. 2. The facts, in brief, are that one Enamul Huq as informant lodged a First Information Report with Muradnagar Police Station on 08.03.2001 stating, inte...... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ...... of the discussion made above we do not find any substance in the appeal the appeal is, therefore dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 788. ..Category: Criminal Law | Date: | Hits: 47
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
.... that the Rules in question was already found to be not ultra vires of the Constitution in the other writ petition (No. 1374 of 1990) and that the appellant could not get any relief as to his other prayer in view of Article 117 of the Constitution. 11. Being aggrieved by the aforesaid judg......n, (hereafter referred to as the Rules), they have been heard together and will be disposed of by this judgment. In W. P. No. 1374 of 1990 the appellant obtained a Rule Nisi challenging the aforesaid Rules and Memo No.21(8) Admn-9/89/337 dated 10.6.90 issued by the Secretary (Administrati......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
....ty to allow the respondent to sign Attendance Registrar from 9th September, to 14th September, 1998 and that because of signing of the attendance registrar it cannot be said that respondent's prayer for withdrawal of the letter of resignation was accepted as there is no scope for withdraw&s......Pay Group 3(ii). He was promoted as Senior Traffic Assistant and was posted at Chittagong. On 26th August 1998 he sought permission from the Station Manager, Chittagong Airport to leave Chittagong for Dhaka but the said request was turned down. Inspite of turning down of the permission to leave ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ...... the High court Division. In view of the discussion made herein above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 732. ..Category: Employment/Service Law | Date: | Hits: 95
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....te on if 20.06.2000 and again the case was fixed on 16.07.2000 and 10.08.2000. In the meantime on 06.08.2000 the accused petitioner No.1 voluntarily surrendered before the learned Magistrate with a prayer for bail and the learned Magistrate was pleased to grant bail. Thereafter, the accused peti......hbubur Rahman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 1. None represented-For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 326 of 2005. (From the judgment and order dated the 9th April, 2005 ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ..Category: Criminal Law | Date: | Hits: 41
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
.... of sale and as such, the judgment and order passed by the High Court Division is liable to be set aside. 6. It is apparent that the suit was filed on 06.05.1995 wherein the plaintiff made a prayer under Order 39 rule 1 of the Code of Civil Procedure for restraining the defendants. The pla...... Mohammad Nawab Ali, Advocate-on-Record-For the petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No.211 of 2006 (From the judgment and order dated 25th July, 2005 passed ......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
....t; which cannot be contemplated as public purpose as required under section 3 of the Emergency Requisition of Property Act, 1948 and the respondent No.5 having rejected the above prayer, he preferred Miscellaneous Requisition Case No.151 of 1978 before the Division....... Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Reform and Land Adminis......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: VI ADC (2009) 406. ......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: VI ADC (2009) 406. ..Category: Property Law | Date: | Hits: 50
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....rein before was issued to examine the legality of the officer Order dated 19th November, 1998 of the office of the Deputy Commissioner, Gazipur (Annexure-T to the writ petition) rejecting petitioners prayer for license to exhibit motion picture film in Capri Cinema Hall, Gaizpur, Tongi and that gran......ave, as against the judgment and order dated 30 January, 2000 by a Division Bench of the High Court Division passed in Writ petition No. 3737 of 1998 discharging the Rule. The Rule mentioned herein before was issued to examine the legality of the officer Order dated 19th November, 1998 of the office......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..Category: Civil Law | Date: | Hits: 128
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....with 60(3) have no manner of an application in a suit which was filed prior to the promulgation of Artha Rin Adalat Ain, 2003 and accordingly the order passed by the Artha Rin Adalat rejecting the prayer of the defendant-petitioner is in accordance with law. 5. The High Court Division reli......oner. Badruddoza, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For Respondent No.3. Not Represented—Respondent Nos. 1-2 & 4-5. Civil Petition for Leave to Appeal No. 516 of 2008. (From the judgment and order dated 8-1 -2008 passed by t......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ..Category: Civil Law | Date: | Hits: 104
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....Court for permission to draw some termination benefits without prejudice to their legal claim for reinstatement. By an order dated 21-10-2003, the High Court Division was pleased to grant the prayer. 11. After hearing both parties, the High Court Division was pleased to make the Rule...... of 2005.) Abdur Rob Chowdhury, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. (In Civil Petition Nos.1419-1424 of 2005) Civil Petition for leave to Appeal Nos. 1317-1321 of 2005. (From the Judgment and Order dated June 28, 200......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ..Category: Employment/Service Law | Date: | Hits: 64
Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)
....llenging the said order dated 13-6-2002 one Abdul Halim, a member of the dissolved Governing Body, filed Title Suit No. 18 of 2002 in the Court of Assistant Judge, Brahmanpara, Comilla with a prayer for an order of temporary injunction along with an order of ad-interim injunction and by ord......ng Body of Shahebabad Islamia Senior Fazil Madrassa, Brahmanpara, Comilla, dismissing him from the post of Principal of the above Madrassa on the averments that he was absent in the above Madrassa for a few days for the want of his safety and security and during that time Mr. Md. Sayeedur Rahman......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ..Category: Others | Date: | Hits: 270
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....itle Suit No. 19 of 1991 of the Court of the Additional Assistant Judge, 3rd Court, Dhaka and 2.2.91 was fixed for written statement. On that date the plaintiff did nit file any hajira, but on the prayer of the defendant 12.2.91 was re-fixed for filing the written statement, which the defendant ...... the judgment and order passed on May 18,1992 by the learned Additional Assistant Judge, 3rd Court, Dhaka allowing Misc. Case No. 8 of 1991, instituted by the appellant under Order IX rule 9 C.P.C. for Restoration of Title Suit No. 19 of 1991, dismissed for default on March 30, 1991. 2. D......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ..Category: Procedural Law | Date: | Hits: 87
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....is petition for leave to appeal is directed against the judgment and order dated 27 August, 2008 passed by the Administrative Appellate Tribunal in Miscellaneous Appeal No. 2 of 2008 rejecting the prayer for stay of further proceedings of the Execution Case No. 2 of 2007 now pending before the A......p; Not represented- For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2070 of 2008. (From the judgment and order dated 27tn August, 2008 p......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ......e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ..Category: Administrative Law | Date: | Hits: 92
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