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Walilullah Vs. Hasina Begum and others, 2009, 38 CLC (AD)

....ocate instructed by Md. Aftab Hossain, Advocate-On-Record-For the Respondent No.8. Not represented- Respondent Nos.1-7. Civil Appeal No. 192 of 2003. (From the Judgment and order dated 27.08. 2002 passed by the High Court Division in Civil Revision No. 3727 of 2002). Judg......ned in schedule C to the plaint in favour of the defendants within the period of 1 (one) month from the date of receipt of this Order. Ed. This Case is also Reported in: VII ADC (2010) 377. ..

Category: Civil Law | Date: | Hits: 105

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

.... Ajmalul Hossain, QC, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1839 of 2009. From the judgment and order dated 05.01.2009 passed by the High Court Division in Arbitration Case No.02 of 2006.) Judgment ...... by both the parties the written statements of the parties and their replies and upon hearing the submis­sions of both the parties, awarded in favour of this petitioner (claimant), by their majority decision, the claimed amount of BDT 31,27,50,566.00/- and dismissed the counter claim of the responÂ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)

....vocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 2-3. Not represented- Respondent Nos. 1 and 4-7. Criminal Appeal No.11 of 2004. (From the judgment and order dated the 2nd day of August, 2002 passed by the High Court Division in Criminal Revision No. 218 of ......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ..

Category: Criminal Law | Date: | Hits: 46

Moulvi Abdul Qudus Vs. Bangladesh, 2009, 38 CLC (AD)

....ed by Mrs. Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 536 of 2008. (From the judgment and order dated 13.11.2007 passed by the High Court Division in Civil Revision No. 348 of 1996). Judgme...... section 87, may apply. 5. This provision of law laid down by the Appellate Division cannot be disputed but the facts and circumstances of the instant case is different from those in the cited decision. On going through the plaint and the written statement and the impugned judgment it is evid..

Category: Property Law | Date: | Hits: 24

Provat Kumar Das Vs. Manager, Agrani Bank, Main Branch, Saheb Bazar, Rajshahi and another, 2009, 38 CLC (AD)

.... by Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 05.12.2007 passed by the High Court Division in Writ Petition No. 3868 of 2004.) Judgme......dalat Ain, 2003 having not been complied with, the order for civil imprisonment under Section 34 of the Artha Rin Adalat Ain, 2003 was bad in the eye of law and the High Court Division arrived at its decision in not considering such aspect of the law and that the Artha Rin Adalat passed the order fo..

Category: Civil Law | Date: | Hits: 121

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

..... Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the refusal by the respondent No. 1, to refer the dispute raised by the petitioners in their letters dated 11.2.98 and 18.2.98 respectively, to the Bangla­desh Election Commission, under Arti­cle 66(......, which he is bound by law to do, shall not be declared as illegal and without lawful authority. 2. The principal question, which this petition under Article 102 of the Constitution raises for our decision, relates to the construction of several Articles of the Constitution against defection by t..

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....ent of officers and employees in the different posts of ‘’Central Chemical Laboratory’ under the Directorate of Narcotics Control of Ministry of Home affairs. 3. The appointment circular dated 17.11.1999 shows that application was invited for 23 posts wherein 6 posts were M.L.S.S. In pu......h regard to the absorption of 23 (Twenty three) posts of the project in revenue budget. Accordingly, inter Ministerial Meeting was held on 26.07.2001. The said meeting was hled on 26.07.2001. Wherein decision was taken to create the 23 posts for Central Chemical Laboratory of Narcotics Control Direc..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

.... instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 and 2. Not represented-Respondent No. 3. Civil Appeal No. 22 of 1999. (From the judgment and order dated 27.8.98 passed by a Division Bench of the High Court Division in Writ Petition No. 1163 of 199...... the country covered these issues extensively for several weeks. 3. The Speaker, respondent No.  1 in the writ-petition, told the members of the press that it will take time for him to give a decision on the issue. A national debate started in the media over the dispute. There were continuou..

Category: Constitutional Law | Date: | Hits: 138

State Vs. Akter Hossain @ Khokan and another, 2009, 38 CLC (AD)

....nt No. 1 (In all the petitions) Not Represented- Respondent No. 2 (In all the peti­tions). Criminal Petition for Leave to Appeal No. 262-264 of 2009 (From the judgment and order dated 26.02.2009 passed by a Division Bench of the High Court Division in Death Reference No. 61 of ......t and order dated 26.02.2009 passed by the High Court Division in Death Reference No.61 of 2005 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 358. ..

Category: Others | Date: | Hits: 66

State Vs. Md. Chowdhury Alam, 2009, 38 CLC (AD)

....r Advocate (Ahsanul Karim, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 70 of 2009. (From order dated 15.02.2009 passed by the High Court Division in Criminal Appeal No. 8020 of 2008.) Judg......nd the appeal being still pending this Court is not inclined to inter­fere at this stage and accordingly the peti­tion is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 346. ..

Category: Others | Date: | Hits: 98

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

....instructed by B. Hossain, Advocate-on-Record-For the Appellants. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 214 of 2002. (From the judgment and order dated 28.02.2001 passed by the High Court Division in Writ Petition No. 2293 of 1997.) Judgme...... that the gazette notification dated 18.11.1961, so far relates to the suit land, is without law­ful authority, are hereby set aside. Ed. This Case is also Reported in: VII ADC (2010) 339. ..

Category: Property Law | Date: | Hits: 21

Abdur Razzak and others Vs. Md. Habejuddin and others, 2010, 39 CLC (AD)

....ed Mahbubur Rahman, Advocate-on-Record-For Respondent No.1 Not Represented- Respondent Nos.2-25. Civil Petition for Leave to Appeal No. 206 of 2009. (From the Judgment and order dated 10.03.2008 passed by the High Court Division in First Appeal No.196 of 1995) Judgment ......e High Court Division is set aside with the above directions. Accordingly, the petition for leave to appeal is disposed of. Ed. This Case is also Reported in: VII ADC (2010) 336. ..

Category: Property Law | Date: | Hits: 19

Ministry of Fisheries and Livestock's Vs. Obaid Jagirdar and others, 2010, 39 CLC (AD)

....y Md. Ferozur Rahman, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No. 165 of 2009. (From the judgment and order dated 26.10.2008 passed by the High Court Division in Civil Revision No. 2027 of 2007.) Judgm......ng with the judgment of the Court of appeal below. We do not find any substance on the points raised. The High Court Division upon cor­rect assessment of the materials on record arrived at a correct decision. We, there­fore, find no reason to interfere with the same. The petition is accordi..

Category: Property Law | Date: | Hits: 25

Abul Hasem Chowdhury Vs. Md. Shamsur Rahman, 2009, 38 CLC (AD)

....the Petitioner. Shamsuddin Bulbul, Advocate, Ibrahim Khalil, Advocate-on- Record-For Respondent. Civil Petition for Leave to Appeal No. 1797 of 2009. (From the judgment and order dated 18.3.2009 passed by the High Court Division in Civil Revision No. 1786 of 1999.) Judgme......, Kishoregonj. The learned Subordinate Judge (now Joint District Judge) first court, Kishoregonj who heard the said appeal by judgment and decree dated 18.2.1999 dismissed the appeal and affirmed the decision of the trial court. 5. Being aggrieved thereby the defendant as petitioner moved the..

Category: Property Law | Date: | Hits: 21

Md. Abdus Subhan Vs. Md. Khademul and others, 2010, 39 CLC (AD)

....ry, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 131 of 2009. (From the judgment and order dated 18.11.2007 passed by the High Court Division in Civil Revision No.5771 of 2001.) Judgme......ncluding the impugned judgment. We do not find any substance in the points raised. The High Court Division upon cor­rect assessment of the legal position and materials on record arrived at a correct decision. We, therefore, find no reason to interfere with the same. The petition is according..

Category: Property Law | Date: | Hits: 26

Mayeen Uddin Ahamad Vs. Abdur Rashid Sk., 2010, 39 CLC (AD)

....y Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioners. Not Represented-Respondent Nos. 2-25. Civil Petition for Leave to Appeal No.175 of 2009. (From the Judgment and order dated 16.10.2006 passed by the High Court Division in Civil Revision No.2155 of 2006) Judgmen......sman Gani. This finding of the Appellate Court, he submits, was not properly reversed by the High Court Division, rather, the High Court Division exceeded its revisional jurisdiction in reversing the decision of the lower Appellate Court without consideration of the evidence on record. But the learn..

Category: Property Law | Date: | Hits: 21

Musammat Afroza Haque Vs. Miss Rowshan Ara Begum and others, 2009, 38 CLC (AD)

....ior Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Review Petition No. 8 of 2009. (From the judgment dated 02.06.2008 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 1928 of ...... rent on 14.12.1994 and 22.04.1997 and plaintiff thus paid rents in respect of her 462 shahasrangsha land. Learned trial Judge also considered deed of gift dated 23.12.1990, Exhibits-3/1 and rendered decision that examination of deed of gift transpired that plaintiff from his brother Md. Shafiqul Ho..

Category: Property Law | Date: | Hits: 22

Government of Bangladesh Vs. Allama Delawar Hossain Sayedee and others, 2009, 38 CLC (AD)

....d by Syed Mahbubar Rahman, Advocate-On-Record-For the Respondent No.1. Not Represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1652 of 2009. (From the judgment and order dated 12.08.2009 passed by the High Court Division in Writ Petition No.5127 of 2009) Order Md......acts and circumstances, we are of the view that the High Court Division having considered all the materi­als on record and the submissions advanced on behalf of both the parties arrived at a correct decision which does not require any interference by this Division. Accordingly, the leave petitio..

Category: Others | Date: | Hits: 115

Elahi Mondal Vs. Juran Mondal and others, 2009, 38 CLC (AD)

....rd-For the Petitioner. Nawab Ali, Advocate-on-Record-For the Respondent No.1. Not Represented- Respondent No.2-7. Civil Review Petition No. 18 of 2009. (From the judgment dated 30.07.2008 passed by this Appellate Division in Civil Petition for Leave to Appeal No.697 of 2...... the suit land and further the concurrent find­ing of facts should not be disturbed unless it is manifestly perverse and some are of the view that there being no illegality or infirmity in the above decision no interference is called for." 9. Having considered all the aspect of the matter we..

Category: Property Law | Date: | Hits: 20

Bangladesh Vs. Md. Abdul Kayum Miah, 2010, 39 CLC (AD)

....ners. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hague, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.40 of 2010. (From the judgment and order dated 9.12.2009 passed by the High Court Division in Civil Revision No. 8990 of 2008.) Judgme......bove, we are not inclined to enter into the merit of the matter. The leave petition is disposed of with the above observations. Ed. This Case is also Reported in: VII ADC (2010) 304. ..

Category: Constitutional Law | Date: | Hits: 107