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....ourt).
Abdul Wadud Bhuiyan, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record- the Respondents.
Civil Petition for Leave to Appeal No. 388 of 2009.
(From the judgment and order dated 02.12.2008, 2009 passed by the High Court Division in Writ Petition No. 6254 of 2008 (analogou......s of the case and the terms of the decree we do not find any merit in this leave petition.
Accordingly the leave petition is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 819...
Category: Civil Law | Date: | Hits: 75
Ismail Miah Vs. Bangladesh and others, 2009, 38 CLC (AD)
.... Bivash Chandra Biswas, Advocate-on-Record-For Respondent No. 5 Not represented- Respondent Nos. 1-4 and 6-9. Civil Petition for Leave to Appeal No. 928 of 2008. (From the judgment and order dated the 11th day of February, 2008 passed by the High Court Division in Writ Petition No.2004 of 2...... award/compensation of the value of per decimal of land of the petitioners. 4. The respondent Nos.6-8 perusing the total 6 deeds of sale as above mentioned in Annexure-H series, arrived at a wrong decision in assessing award/compensation. The respondents calculated the award that Purchaser-Kaye..Category: Property Law | Date: | Hits: 25
Rahmatullah (Md.) and others Vs. Sabana Islam and others, 2002, 31 CLC (HCD)
....udgment Md. Abdur Rashid J. - This Rule was obtained by uncles and aunts of the minor upon making a revision application under section 115 of the Code of Civil Procedure against judgment and order dated 29-3-2001 passed by Subordinate Judge and Artha Rin Adalat No.2 at Dhaka in Miscellaneous Appe......nor as before on condition that no property of the minor could be transferred without prior permission of the Court. The petitioners then took an appeal therefrom and the appellate Court affirmed the decision of the learned Assistant Judge that in the facts and circumstances of the case the welfare ..Category: Family Law | Date: | Hits: 179
Abul Kalam Engineer and another Vs. M Nasiruddin Howlader and others, 2002, 31 CLC (HCD)
....li Sikder, Advocates, — For Respondent No.1. First Miscellaneous Appeal No. 145 of 2002. Judgment Md. Abdur Rashid J. - This appeal was presented by defendant Nos. 1 and 2 against an order dated 22-1-2002 passed by Joint District Judge, Court No. 3 at Chittagong in Other Suit No. 217 of 2......ior Counsel, read the plaint, application for temporary injunction and objection thereto and assailed the order of injunction on various grounds, both on facts as well as law. He also cited number of decisions on the principles governing grant of temporary injunction against construction in respect ..Category: Property Law | Date: | Hits: 33
Madinullah Miah Vs. Md. Abdul Mannan & another, 2001, 30 CLC (HCD)
.... Court of the Assistant Judge Hatia, Noakhali. Section 96 of the State Acquisition and Tenancy Act, 1950 obliges a pre-emptor to file his application for pre-emption, within 4 months, either from the date of transfer of the ‘case land’ to the transferee or from the date of knowledge of such tran......decided by any Court subordinate to the High Court Division and in which no appeal lies thereto, and if such subordinate Court appears to have committed any error of law, resulting in an error in the decision occasioning failure of justice, the High Court Division may make such order in the case as ..Category: Property Law | Date: | Hits: 37
Siddique Abedin Vs. Md. Musa Alam and State, 2000, 29 CLC (HCD)
.... has submitted that cognizance was taken by the learned Magistrate under section 138 of the Negotiable Instruments Act, 1994, but according to him, legal notice was not served within 15 days from the date of dishonoring the cheque issued by the accused petitioner. So, he has argued that taking of co......d Magistrate is directed to proceed with the case in accordance with law and shall hear the matter relating to taking of cognizance afresh. Ed. This Case is also Reported in: 54 DLR (2002) 506. ..Category: Criminal Law | Date: | Hits: 28
....n, Advocate‑ For Opposite Party No. 3.
Civil Revision No. 5243 of 2000.
Judgment
Md. Abdur Rashid J.- This Rule arises out of an order of the Third Court of Subordinate Judge at Chittagong dated 13‑8‑2000 passed in Other Suit No. 23 of 1999, which rejected an application for amendment......n. He also defended the impugned order on the reason that such amendment would result in change of the nature and character of the plaint even if not of the suit. Mr. Morad Reza relied open number of decisions, which we shall shortly consider.
9. By filing another affidavit-in-opposition on behal..
Category: Procedural Law | Date: | Hits: 60
Kalu Sheikh alias Sheikh and Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....tate. Criminal Appeal No.281 of 1986 Re-Criminal Appeal No. 46 of 1998 Judgment Md. Abdul Aziz J. - This criminal appeal is directed against the impugned judgment and order of conviction dated 26-8-86 passed by the learned Sessions Judge Perojpur on Sessions Case No. 21 of 1986 convicti...... of the charge brought against them and they are hereby discharged from their respective bail bond. Send down the lower court immediately. Ed. This Case is also Reported in: 54 DLR (2002) 502...Category: Criminal Law | Date: | Hits: 30
Aumullaya Chandra Haldar Vs. Md. Mohsin Ali Mandal & others, 2002, 31 CLC (HCD)
.... was obtained by the preemptor- petitioner of the Miscellaneous Case No. 36/1994 upon making an application for revision under section 115(1) of the Code of Civil Procedure against judgment and order dated 13-7-1998 passed by the learned District Judges, Serajganj in Miscellaneous Appeal No. 37 of 1......ndings of fact arrived at by the Courts below. The learned Advocate for the petitioner has not been able to point out any misreading or non-consideration of the evidence by the courts below affecting decision of the case. The leaned appellate Court appears to have relied upon the decision given by t..Category: Procedural Law | Date: | Hits: 75
....No. 743 of 1996.
Judgment
Syed Mahmud Hossain J. - In this Rule Nisi the writ petitioner challenges the direction given by the learned Subordinate Judge (respondent No.4 his judgment and decree dated 16-4-1990 (Annexures D and F to the Writ petition) passed in Money Suit No. 2 of 1989 to respo......f the decree or order appealed from adversely affects a person he should be permitted to challenge the same in appeal even if he was not made a party to the original suit or proceeding.”
12. The decision given in the case referred to above is applicable in the present case. So, we hold that thi..
Category: Civil Law | Date: | Hits: 76
Saidur Rahman Vs. State, 2001, 30 CLC (HCD)
....man Khan, Assistant-Attorney- General —For the Respondent. Criminal Appeal No. 400 of 1995. Judgement Md. Munsurul Hoque Chowdhury J. - This appeal has arisen out of the judgment and order dated 28-1-95 passed by the Senior Special Tribunal, Dhaka in Anti-Corruption Tribunal Case No. 3 of......tion 4(1) of the Anti-Corruption Act, 1957 cannot be delegated and the initial satisfaction, before proceeding against the appellant, must be of the Government. Their Lordships in the above mentioned decision agreeing with the view taken in the case of Mustafizur Rahman and 3 others Vs. DG Anti-Corr..Category: Criminal Law | Date: | Hits: 83
MA Kabir Chowdhury and others Vs. M Mahbubur Rahman Miah & others, 2002, 31 CLC (HCD)
....nt Md. Abdur Rashid J. - This application at the instance of the decree holder is made under section 151 of the Code of Civil Procedure for recalling and/or vacating the direction given vide order dated 22-10-2001 by this Division in above Civil Order No. 5742 for stay of further proceedings in O......ce of the decree holder. This Division is therefore entitled to invoke inherent power to undo the wrong, which has seriously prejudiced the decree holder for no fault of his. In support, be cited the decisions in the case of Abdul Aziz Vs. Aboni Mohan, 30 DLR (SC) 21; Abdus Sattar Khodaker Vs. Prem ..Category: Civil Law | Date: | Hits: 125
Mst. Nurjahan Begum Vs. Administrator of Waqfs and others, 2010, 39 CLC (AD)
.... Md. Nurul Islam Chowdhury, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1 & 3-31. Civil for Leave to Appeal No. 2281 of 2009. (From the judgment and order dated 02.07.2008 passed by the High Court Division in F. M. A. No.168 of 2001.) Judgment Md. A......the waqf Estate. 3. One Md. Forrak Hossain, previous mutwalli of the said waqf Estate filed an application before the Administrator of Waqfs, Bangladesh, the opposite party-respondent No.1 for his decision to be given under Section 50 of the Waqf Ordinance, 1962 that the case property is waqf pro..Category: Trust/Waqf Law | Date: | Hits: 183
Government of the People's Republic of Bangladesh Vs. Md. Anowar Hossain, 2010, 39 CLC (AD)
....on-Record- For the Appellants. Saheed Alam, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent. Civil Appeal No.197 of 2004. (From the judgment and order dated 04.07.1999 passed by the High Court Division in Writ Petition No.705 of 1998.) Judgment ...... aside and the dismissal of the writ petitioner from service is declared to have been passed by a competent authority in accordance with law. This Case is also Reported in: 15 MLR (AD) (2010) 515. ..Category: Employment/Service Law | Date: | Hits: 80
Government of Bangladesh Vs. Hazrat Baku Shah Hawkers Market Somabaya Samity, 2010, 39 CLC (AD)
.... T.H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondents (In both the appeals). Civil Appeal Nos. 149-150 of 2005. (From the judgment and order dated 14.12.2004 passed by the High Court Division in Writ Petition Nos. 5512, 4338 of 2003 with Wri......ty Limited. 3. Admitted facts are that the Government-respondent confirmed the allotment of 1.68 acres of land at Nilkhet with the Hazrat Baku Shah Hawkers Market Somabaya Samity on the basis of a decision of the Central Land Allocation Committee of the Government. It was duly approved by the Hon..Category: Property Law | Date: | Hits: 28
Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....e instructed by M. I. Bhuyan, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-30. Civil Petition for Leave to Appeal No. 2325 of 2009. (From the judgment and order dated 18.08.2009 passed by the High Court Division in Civil Revision No.4189 of 2008.) Judgment ......ional District Judge's Narayangonj. The appellate Court after hearing the parties was pleased to dismiss the appeal and affirm the judgment and decree passed by the trial Court. 5. Challenging the decision of the appellate Court the petitioner preferred the Civil Revision No.4189 of 2008 before t..Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....r. Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1515 of 2009. (From the judgment and order dated the 20th day of May, 2009 passed by the High Court Division in Civil Revision No.4741 of 2006)......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707...Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
....instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.954 of 2009. (From the judgment and order dated the 17th day of March, 2009 passed by the High Court Division in Civil Revision No.185 of 2006......urt's findings remained unrevised. The learned Advocate further submitted the judgment of the Court of Appeal below as a final Court on the points for determination and in assigning reasons for the decision in the light of observation contained in earlier order of remand made by the High Court D..Category: Property Law | Date: | Hits: 30
Shafiqul Huq (Md.) Vs. Mina Begum, 2002, 31 CLC (HCD)
....No. 3612 of 2001. Judgment Md. Abdur Rashid J. - This Rule was obtained by the defendant upon making a revision application under section 115 of the Code of Civil Procedure against order No. 17 dated 14-6-2001 passed by Subordinate Judge, Court No. 4 in Title Suit No. 296 of 2000, which reject......yed for. 4. Mr. Shofiqul Islam for the petitioner submits first that under section 17(1) of the Family Court Ordinance, 1985, in brief, the Ordinance, an appeal shall lie from a judgment, order or decision of a Family Court to the Court of District Judge and under sub-section (7) such District Ju..Category: Family Law | Date: | Hits: 185
Sherajul Huq Mullick Vs. Bangladesh, 1988, 17 CLC (HCD)
....C), but they made a common issue with the petitioner that polls at centre (a) was stopped by the Presiding Officer. Respondent No. 29 has annexed Annexure 1 which is a memo from the Returning Officer dated 12.2.88 addressed to the Dist. Election Officer, Bagerhat. We have clearly stated therein that......29 that the Election Commission had already ordered a fresh poll at centre (a), presumably in exercise of its power under Rule 70. Respondent No. 30 filed an application for reconsideration of that decision. Annexure 2 shows that the Commission arranged a hearing to discuss the representation of r..Category: Election Law | Date: | Hits: 81
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