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Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....eared- For the respondents. Writ Petition No. 1867 of 2003. Judgment Md. Awlad Ali J.- By this application under Article 102 of the Constitution the petitioner Agrani Bank impugned the order dated 27‑11‑2002 passed by Artha Rin Adalat and Joint District Judge, 1st Court, Madaripur in Mo......ticle 102 of the Constitution. 4. As regards the maintainability of the application under Order XLVII rule 1 read with section 151 of the Code of Civil Procedure the Artha Rin Adalat following the decision reported in 1994 BLD (AD) 196 maintained that the review petition is not entertainable. In ..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
....al No. 948 of 2000. Judgment Md. Muzammel Hossain J.- This appeal at the instance of the accused appellant Md. Rezaul Karim alias Rezaul Alam Rikshawa is directed against the judgment and order dated 11‑4‑2000 passed by the learned Additional Sessions Judge, Rajshahi in Sessions Case No. 7......ve corroborated evidence is not tenable in law. He has referred to the case of Ustar Ali Vs. State reported in 3 BLC (AD) 53 where the Appellate Division of the Supreme Court has reviewed the earlier decisions on this point passed by the Privy Council in the case of Bhuboni Safer Vs. the King, repor..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
.... single judgment. 2. The opposite party No. 1 (in both the Rules) filed Title Suit No. 144 of 1975 in the court of Subordinate Judge, 3rd court, Dhaka, on 3-9-1975 for declaration that the letter dated 25‑8‑1975 issued by the defendant No. 1 cancelling his lease/allotment was illegal, void, ......1 of 1981 before the Appellate Division and the same was allowed on 15‑1‑1982 with the direction as under; “In view of the facts and circumstances stated above, the appeal is allowed and the decisions of the courts below set aside and remanded back to the trial Court for disposal after allo..Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....Rafiq‑ul‑Huq, the former Attorney‑General for Bangladesh as Amicus Curiae and requested him to appear in this case and assist this Court as Amicus Curiae. In pursuance of the above further Rule dated 03.11.92 Mr. M. Shamsul Alam, the learned Deputy Attorney‑General, appeared before the Court......e with law. It was further directed that in case of failure to give any reply to this Rule, the statement made by the detenu will be taken as true and the case would be heard ex parte and appropriate decision will be taken. The learned Attorney‑General was also directed to appear in this case to a..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
.... by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos. 1 and 2. Not represented-Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 685 of 2010. (From the judgment and order dated 07.12.2009 passed by the High Court Division in Writ Petition No.10651 of 2007.) Order N......and acquired is not true. 7. The High Court Division, on hearing the learned Advocates of both the sides and considering the facts and circumstances of the case, the relevant laws and also several decisions cited from both the sides though found that there was agreement in between the requiring b..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....-For Respondent No.1. (In both the cases) None represented-For Respondent Nos.2-55 (In both the cases). Civil Petition for Leave to Appeal Nos. 903-904 of 2011. (From the judgment and order dated the 11th day of June, 2008 passed by the High Court Division in Writ Petition Nos.8679 with 88......nd respondent No.1 shall file the concise statement within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....posh, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-12. Civil Appeal No. 206 of 2010. (From the judgment and order dated 2.6.2008 passed by the High Court Division in First Appeal No.276 of 2004.) Judgment Sur......ly a piece of evidence amongst the other evidence to be led by the lilies for determination of the issues involved in the suit. Therefore the report of the commissioner can not be made sole basis for decision of the suit. It is merely a piece of evidence like any other evidence which has to be consi..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....dhury J.- This appeal is directed against the order of conviction and sentence passed by the Special Tribunal No.9, Dhaka in Special Tribunal Case No.205 of 1989. The learned Tribunal by his judgment dated 27.11.89 found the appellant guilty of the accusation under section 25B(2) of the Special Powe......gnizance upon any information received from any person other than a police officer or upon his own knowledge or suspicion that such offence has been committed. This matter has been set at rest in the decision reported in 30 DLR page 124 (Md. Kalu Bhuiyan @ Kalu Miah Vs. Special Tribunal No.II, Comil..Category: Criminal Law | Date: | Hits: 60
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....r the Respondent No.1. Writ Petition Nos. 207 and 208 of 1986. Judgment Qazi Shafiuddin J.- This Rule Nisi issued in Writ Petition No.207 of 1986 has been directed against the impugned order dated 31.3.1986 (Annexure E) passed by the Respondent No.1 while the Rule in Writ Petition No.208 of......5 filed a Review petition on 14.10.84 before the said appellate authority and the appellate authority heard the matter and considered the case rejecting the Review petition and maintained his earlier decision by order dated 16.9.84. That thereafter the respondent Nos. 2‑5 filed a second appellatio..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
.... Planning Complex to some other place and he demanded Tk. 2,000.00 from her as illegal gratification and when she begged mercy from this appellant she was told that if she can pay Tk. 1000.00 on that date by 4‑30/5‑00 PM and the remaining Tk. 1000.00 to be paid subsequently she would not be post...... proved and the evidence of P.W.2 in that respect has not been corroborated by any independent and neutral witness a conviction under section 161 of the Penal Code cannot be sustained. Relying on the decision reported in 20 DLR 407 Abdul Hye Vs. State, the learned Advocate submits that when the dema..Category: Criminal Law | Date: | Hits: 90
....upon the respondents, namely, the Secondary & Higher Secondary Education Board Jessore, represented by its Chairman, and others to show cause why the impugned order contained in Memo No. Co/243/1 dated 13.5.90 filed by the petitioner as Annexure C to the petition cancelling the SSC Examination o......nnocence. The regulation under which the action was taken has no application to the petitioner's case and that the petitioner having not been given any opportunity to cross examine the witnesses, the decision of the respondents is arbitrary and without lawful authority. It was also the case of the p..
Category: Civil Law | Date: | Hits: 159
Globe Bruges Ltd. Vs. Arab Bangladesh Bank Ltd. And others, 2011, 40 CLC (AD)
....y Zohirul Islam, Advocate-on-Record-For Respondent No.7. Not Represented-For Respondent Nos. 3-6 & 8-10. Civil Petition for Leave to Appeal No. 548 of 2010. (From the judgment and order dated 7.1.2010 passed by the High Court Division in Firs! Appeal No.78 of 2007.) Judgment Sure......he essence of the contract. Accordingly, we find no substance in the contention of Mr. M. Amirul Islam. The High Court Division upon correct assessment of the materials on record arrived at a correct decision and dismissed the appeal on assigning proper reasons. We, therefore, find no reason to inte..Category: Civil Law | Date: | Hits: 93
Bashaboo Girls High School Vs. Sharafunnessa and others, 2011, 40 CLC (AD)
....al Abedin, Advocate-on-Record-For the Respondent No.9. Not represented-For the Respondent Nos.1-8 and 10-13. Civil Petition for Leave to Appeal No. 638 of 2009. (From the judgment and order dated 18th January, 2009 passed by the High Court Division in Civil Revision No. 2036 of 2005) O...... lands which were acquired for the Railway Division and that the authority illegally decided to allot about 7 kathas of land to the defendant petitioners hereof by its resolution dated 8.11.95, which decision has been challenged. 6. The plaintiffs being aggrieved preferred Title Appeal No. 231 of..Category: Property Law | Date: | Hits: 70
....structed by Md. Aftab Hossain, Advocate-on-Record- For Respondent No.8
Not Represented-For Respondent Nos.1-7.
Civil Petition for Leave to Appeal No.432 of 2009.
(From the judgment and order dated 31.7.2004 passed by the High Court Division in Civil Order No.3398 of 2004.)
Order
Suren......
II. Because, the trial Court having decreed the suit without framing any issue as to benami transaction, the Court of appeal below and the High Court Division committed error in affirming the said decision of the trial Court.
III. Because, the plaintiffs having claimed the suit land on the bas..
Category: Property Law | Date: | Hits: 76
Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)
....oner. Mrs. Nahid Sultana, Advocate-on-Record-For Respondent No.1 Not Represented-For Respondent Nos.2-15. Civil Petition for Leave to Appeal No.425 of 2009. (From the judgment and decree dated 4.11.2008 passed by the High Court Division in Civil Revision No.2078 of 2002.) Order Su......terfered with the findings of fact which has occasioned failure of justice. III. For that regard being had to the fact that the lower appellate Court being the final Court of fact having based its decision on the basis of the evidence, the High Court Division without considering this aspect of th..Category: Property Law | Date: | Hits: 87
....Petitioner.
Yousuf Hossain Humayun, Advocate, instructed by Bivash Chandra Biswash, Advocate-on-Record-For the Respondents.
Civil Review Petition No.130 of 2010.
(From the judgment and order dated 23.08.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal No.2149 of 2......ourt. It is further contended that the judgment of this Division may be reviewed to consider the provision of Section 107 of the Transfer of the Property Act in view of the principle laid down in the decision reported in 43 DLR (AD) 12.
7. We have heard the learned Counsel and perused the record...
Category: Procedural Law | Date: | Hits: 76
Bangladesh Sugar and Food Industries Corporation Vs. Depak Kumar Pal and others, 2011, 40 CLC (AD)
.... Fida M. Kamal, Senior Advocate, instructed by Syed Mahhubur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.201 of 2010. (From the judgment and order dated 31.05.2010 passed by the High Court Division in Writ Petition No.605 of 2006) Order Syed......3. The facts leading to the filing of this petition for leave to appeal, in short, are: The respondents filed and moved the above noted writ petition before the High Court Division challenging the decision dated 19.10.2004 passed by proforma respondent No.56, the Ministry of Industry of the Gover..Category: Employment/Service Law | Date: | Hits: 85
Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)
.... Lawyers Involved: Zainul Abedin Advocate-on-Record-For the Petitioner Not represented-For Respondents. Civil Petition for Leave to Appeal No. 493 of 2009. (From the judgment and order dated 23.11.2008 passed by the High Court Division in Civil Revision No.588 of 2002) Order Sha......w cause notice upon the plaintiff and acknowledgement thereof by the plaintiff and hence wrongly observed that the plaintiff was not given any opportunity of being heard and arrived at an erroneous decision occasioning failure of justice, which need be interfered with. 10. Considering the f..Category: Employment/Service Law | Date: | Hits: 55
Government of Bangladesh and others Vs. Bikash Ranjan Talukder and others, 2011, 40 CLC (AD)
....d Mahbubur Rahman, Advocate-on-Record- For the Respondents (In Civil Petition No. 1772 of 2010). Civil Petition for Leave to Appeal Nos.1368-1370 and 1772 of 2010. (From the judgment and order dated 19.11.2009 passed by the High Court Division in Writ Petition Nos.5581, 6411, 4894 of 2008 and......3661 of 2009 be stayed till disposal of the appeal. The appellants are directed to submit the concise statements by 24th April, 20.11. Ed. This Case is also Reported in: VIII ADC (2011) 471. ..Category: Employment/Service Law | Date: | Hits: 47
Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)
....-on-Record-For Respondent Nos.1 (a), 1(b), 1(g) & 14. Not represented-Respondent Nos. 1(c), 2-13, 15-16. Civil Petition for leave to Appeal No. 1431 of 2008. (From the judgment and order dated 9.4.2008 passed by the High Court Division in Civil Revision No.593 of 2007) Judgment Md...... non consideration of evidence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ..Category: Property Law | Date: | Hits: 64
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