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Haji Nurul Islam Vs. Maina Miah and others, 2010, 39 CLC (AD)
....ioner. Dr. A. K. M. Ali, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.2165 of 2009. (From the judgment and order dated 24.08.2009 passed by the High Court Division in Writ Petition No.6981 of 2007.) Judgment ......g before Respondent No.6 whereas the application filed by the respondent No.7 is lying with Respondent No.1 for disposal. As per the Ordinance, Respondent No.6 is the competent authority for taking a decision in granting Trade Organization License in favour of any organization. We are of the view th..Category: Others | Date: | Hits: 74
Md. Helal Uddin and others Vs. M. A. Jakir and another, 2010, 39 CLC (AD)
....ed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent Nos.1-2. Not represented- Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 1620 of 2009. (From the judgment and order dated 4.6.2009 passed by the High Court Division in Civil Revision No.5031 of 2006.) Judgment ......rightly affirmed the judgments of the Courts below. We, therefore, find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 604...Category: Property Law | Date: | Hits: 22
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....Bhuiya, Advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 15.04.2008 passed by the High Court Division in Civil Revision No.477 of 2006.) Judgment ......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ..Category: Property Law | Date: | Hits: 25
Md. Mafiz and others Vs. Bangladesh, 2010, 39 CLC (AD)
....nstructÂed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 54 of 2009. (From the judgment and order dated the 16th day of June, 2008 passed by the High Court Division in Civil Revision No.2102 of 1995......dingly, the High Court Division committed a patent error in sending the suit on remand to the Court of Appeal below for holding fresh trial and the High Court Division committed a patent error in the decision and the decision is liable to be set aside. 5. In view of the above, the submissions of ..Category: Property Law | Date: | Hits: 31
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....ers Involved: Md. Mazibar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No. 1344 of 2009. (From the Judgment and order dated 23rd March, 2009 of a Single Bench of the High Court Division in Civil Revision No.2967 of 200......the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593...Category: Property Law | Date: | Hits: 23
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
.... Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the respondents. Civil Petition for Leave to Appeal No.735 of 2009. (From the Judgment and Order dated 26th January, 2009 passed by the High Court Division in Civil Revision No.2707 of 2000) Jud......t of appeal below. I find no merit in the contention of the learned counsel for the petitioner. The application is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 590...Category: Property Law | Date: | Hits: 21
Mst. Komla Begum and another Vs. Md. Shahab Ali and others, 2010, 39 CLC (AD)
....s Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.285 of 2009. (From the judgment and order dated 09.07.2008 passed by the High Court Division in Writ Petition No.2258 of 2004.) Order M......der dated 20.04.2003 sustaining the record. Against that order Md. Yunus Ali Molla preferred appeal before the appellate authority being Appeal No.61228 of 2003 and the appeal officer by the impugned decision dated 08.02.2004 allowed the appeal setting aside the record prepared in the name of the pe..Category: Property Law | Date: | Hits: 28
Azizur Rahman Khan and others Vs. Md. Aynul Miah and others, 2010, 39 CLC (AD)
....tioners A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.1521 of 2009. (From the Judgment and order dated 28.05.2009 passed by the High Court Division in Civil Revision No. 5650 of 2007) Order ......r of stay granted earlier by this Court shall continue till disposal of the appeal. Let the appeal be made ready for expeditious hearing. Ed. This Case is also Reported in: VII ADC (2010) 545...Category: Property Law | Date: | Hits: 21
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
..... Md. Nurul Huda Jaigirder, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.101 of 2008. (From the judgment and order dated 30.10.2007 passed by the High Court Division in Civil Revision No.3326 of 1998). Judgment ......3 in the Court of Senior Assistant Judge Madhabpur, Habigonj, for declaration that they are entitled to represent No.4 Digolbak Union Parishad under order 1 Rule 8 of the Code of Civil Procedure, the decision taken by No. 4 Digholbak Union Parishad for constructing permaÂnent office of the said uni..Category: Civil Law | Date: | Hits: 72
Faustina Pereira Vs. State, 2001, 30 CLC (HCD)
....ernational Organisation for Migration who also appeared before us and informed us about the activities of the Organisation after this Rule was issued. 3. We have received the Memo bearing No. 4288 dated 7-5-2001 from Md. Jahangir, Senior Jail Superintendent, Central Jail, Dhaka. This memo contain......ish in jail for indefinite period for no fault of their own. 8. In the memo dated 7-5-2001 of the Senior Jail Superintendent, it is mentioned that Ministry of Foreign Affairs has not yet taken any decision regarding the return of Myanmar prisoners. We have no materials before us as to why the Min..Category: Constitutional Law | Date: | Hits: 123
Md. Abid Khan and others Vs. Government of Bangladesh and others, 2003, 32 CLC (HCD)
....n opposition to controvert the claims of the petitioners. Mr. Zaman Akhter did not make any submission though simply opposed the Rule. 9. On scrutiny of the writ petition, we find that in terms of dated of birth, the petitioners fall into two categories. Petitioner No. 1 and 2 were born in Dhaka ...... of his submission, Mr. M. I. Farooqui refers to the provisions of the Electoral Rolls Ordnance 1982, the Bangladesh Citizenship (Temporary provisions) Order, 1972 (P.O. No. 149 of 1972) and also two decisions of the High Court Division and one decision of the Appellate Division of the Supreme Court..Category: Election Law | Date: | Hits: 94
....ishu Nirjatan Daman Ain 2000 and other laws and or pass such other or further order or orders passed as to this Court may seem fit and proper.
The Rule is made returnable within 6 (six) weeks from date.â
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This Case is also Reported in: 61 DLR (2009) 104.
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Category: Constitutional Law | Date: | Hits: 117
State Vs. Zakaria Pintu alias Md. Zakaria Pintu and others, 2010, 39 CLC (AD)
.... instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos.2-14. Criminal Petition for Leave to Appeal No. 28 of 2010 (From the Judgment and order dated 08.12.2009 passed by the High Court Division in Criminal Miscellaneous Case No.27040 of 2009) ......aw, such as, harassment, humiliation, etc, of the accused which cannot be permitted.â 24. Latifur Rahman, J. (as his Lordship then was) held the same views: â40. On a consideration of these decisions, I hold that ordinarily when a person is wanted in connection with a non-bailable offence ..Category: Criminal Law | Date: | Hits: 68
Advocate Md. Salahuddin Dolon Vs. Government of Bangladesh and Others, 2010, 39 CLC (HCD)
....t he did not do any wrong intentionally. We were not satisfied with the explanation. Therefore, on 11.2.2010 we directed the Deputy Director to "submit a written explanation about his report. On that date we also directed the victim to appear in person before this Court on 28.2.2010. On that date th......pondent No.1, the Ministry of Education by a special messenger of this Court at the cost of the office. Syeda Afsar Jahan J. I agree Ed. This Case is also Reported in: 63 DLR (HD) (2011) 80. ..Category: Constitutional Law | Date: | Hits: 201
Ali Akbar Vs. Farijuddin and another, 2000, 29 CLC (HCD)
....n the strength of a Miscellaneous Case under Order 9, rule 4 of the Code of Civil Procedure in the face of efficacious remedy by way of appeal provided in the Code itself. 2. Propriety of an order dated 24-5-1987 recorded by learned Munsif (now Assistant Judge), Kachua, Chandpur in Miscellaneous ......f issuance of the Rule and, thereafter, extended from time to time and lastly, extended till disposal of the Rule stand vacated. No costs. Ed. This Case is also Reported in: 53 DLR (2001) 284...Category: Procedural Law | Date: | Hits: 83
....arita Sen Gupta, AdvocatesâFor the Petitioners.
Md. Imam Ali, AdvocateâFor the Opposite Parties.
Civil Revision No. 4673 of 1991.
Judgment
Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 2...... pleadings can be allowed at any stage of the proceedings for the purpose of determining the real question of controversy between the contending parties. One of the fundamental principles governing a decision on amendment of the pleadings is that all possible controversies between the parties, as fa..
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....Daidalia Union Parishad in the Union Parishad Election held on 20-12-1997 and published in Official Gazette on 3-3-1998 was declared as a whole void on allowing Election Petition, the successful candidate i.e. Elected Chairman as petitioner invoked this Courtâs Civil Revisional Jurisdiction on lay......oters were deprived of exercising their right of franchise and opposite party (Election Petitioner) was entitled to get a verdict under Rule 45 (b) of Union Parishad Election Rules. In recording that decision appellate Judge took into account some authorities of our jurisdiction. 15. Feeling diss..Category: Election Law | Date: | Hits: 89
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....r section 115 of the Code Civil Procedure was issued at the instance of the plaintiff-petitioner calling upon the defendant- opposite parties, to show cause as to why the judgment and order of remand dated 13-09-1987 (Decree drawn on 01-11-1987) passed by the learned Subordinate Judge, Chandpur in T...... once and for all. As such, instead of sending the case back on remand I have decided to consider myself the questions raised by the learned Appellate Judge. Reliance in this respect is placed on the decision of the Appellate Division in the case of Attor Mia and another Vs. Mahmuda Khatun Chowdhury..Category: Civil Law | Date: | Hits: 94
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....Khair AdvocatesâFor the Opposite Party No. 1. Civil Revision No. 733 of 1998. Judgment Md. Joynul Abedin J.- This Rule at the instance of the petitioner calls in question the judgment and dated 25-11-1997 passed by learned Subordinate Judge Second Court, Dhaka in Miscellaneous Case No. 2......a different family will also not have the effect of destroying the character of the schedule property belonging to an undivided family. The learned Advocate in support of his contention refers to the decisions reported in 10 DLR 318, 7 PLR (Dhaka) 945 and 42 DLR (AD) 53. 7. Mr. Kh. Mahbubuddin Ah..Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
.... as an ordinary money suit as covered by the Civil Procedure Code the petitioner could have filed an appeal on payment of ad valorem court fee only, on the decretal amount and within 90 days from the date of the decree, But as the instant suit has been decided as an Artha Rin Case an appeal could be......cedure which is not illegal and can not be said to have curtailed or infringed the legal or constitutional right of any citizen including the petitioner in the instant case. 6. Mr. Karim cites the decision in the case of Hazi Joynal Abedin Vs. State 30 DLR 371, By that decision a legal conflict c..Category: Civil Law | Date: | Hits: 93
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