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Md. Nurul Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....No. 832 of 2009) Not represented-Respondent Nos. 2-4 (In Civil Petition No. 856 of 2009) Civil Petition for Leave to Appeal Nos. 832 and 856 of 2009. (From the judgment and order dated 04.03.2009 passed by the High Court Division in Writ Petition Nos. 4623 and 4913 of 2008.) ......tioner then auction sale proceeding may be dropped. Accordingly both the leave petitions are dismissed with above observation. Ed. This Case is also Reported in: VII ADC (2010) 301. ..Category: Property Law | Date: | Hits: 29
S. Co. Power Plant Ltd. Vs. Government of Bangladesh and othÂers , 2009, 38 CLC (AD)
....iddique, Advocate-on-Record-For Respondent Nos. 5-6. Not Represented-For Respondent Nos.1-4, 7-8. Civil Petition for Leave to Appeal No. 297 of 2009. (From the judgment and order dated 20.11.2008 passed by the High Court Division in Writ Petition No. 5778 of 2008.) Judgme......ally illeÂgal and without lawful authority and was of no legal effect. The learned Judges of the High Court Division discharges the rule without considering this point resultÂing in an error in the decision occasioning failure of justice. He lastly submits that the learned Judge of the High Court ..Category: Banking Law | Date: | Hits: 84
Anwar Munshi and others Vs. Kulsum Begum and others, 2009, 38 CLC (AD)
....he Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 812 of 2009. (Arising out of C.M.P. No. 62 of 2009.) (From the Judgment & order dated 13.1.2009 passed by the Single Bench of the High Court Division in Civil Revision No.458 of 20...... The lower appellate court further found that the summons of Other Suit No. 5 of 1988 was duly served upon the defendants of the earlier suit. The lower appellate court accordingly concurred with the decision of the trial court and by the judgment and decree dated 4.8.2008 dismissed the appeal and a..Category: Property Law | Date: | Hits: 35
Sher Mohammad Vs. Md. Munsur Ali and others, 2009, 38 CLC (AD)
....titioners. Abul Kashem, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-20. Civil Petition for Leave to Appeal No.2141 of 2009. (From the judgment and order dated 5.8.2009 passed by the High Court Division in Civil Revision No. 1776 of 2000) Judgment ......Appeal No.188 of 1998 before the learned District Judge, Nawabganj. The learned Subordinate Judge (now Joint District Judge), 1st Court, Nawabganj by judgment and decree dated 27.01.2000 reversed the decision of the trial Court, allowed the appeal and dismissed the plaintiffs suit. 5. Against the..Category: Property Law | Date: | Hits: 51
Most. Monowara Begum and others Vs. Malanch Bibi and others, 2009, 38 CLC (AD)
....etitioners. A.K. Badrul Huq, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Appeal No. 91 of 2003. (From the Judgment and Order dated 3rd June, 2001 passed by the High Court Division in Civil Revision No.2516 of 1996 with Civi......y, that is, in breach of some provisions of law, or with material irregularity by committing some error of procedure in Course of the trial which is material in that it may have affected the ultimate decision. 13. In the case of Shambhu Nath Poddar, this Court observed that the revisional cou..Category: Property Law | Date: | Hits: 20
.... a cognizable offence, particulars of the 61fence, circumstances under which arrest was made, the source of information and the reasons for believing the information, description of the place. note " date and time of arrest, name and address of the persons, if any, present at the time of arrest in a......an and degrading treatment. He has further submitted that the victim should not be asked to seek relief in any other civil Court for damages and compensation. Mr Amir‑ul Islam also referred to some decisions of Indian jurisdiction, (1991) 2 Supreme Court Cases 373 and a case reported in AIR 1990 S..
Category: Constitutional Law | Date: | Hits: 137
State Vs. Shahin and others, 2009, 38 CLC (AD)
....peal No. 74 of 2009). Not represented— the Respondent (In Criminal Appeal No. 73 of 2009). Criminal Petition for Leave to Appeal No. 73-75 of 2009. (From the judgment and order dated 12-8-2008 of the High Court Division passed in Death Reference No. 46 of 2004 heard analogousl......, reportÂed in 26 DLR 419 justice is blind and in the domain of justice, feelings, emotion and sentiÂment have no part to play and accordingly emotion and sentiment must not sway their findings and decision and it is desirable that a judge should avoid expressing their feeling, emotion and sentime..Category: Others | Date: | Hits: 93
Mohiuddin Khan and another Vs. Shihamul Haque and others, 2009, 38 CLC (AD)
....or the Respondent Nos.1-4 (In both cases). Not Represented— Respondent Nos. 5-9 (In both cases). Civil Petition for Leave to Appeal No. 28 of 2008. (From the judgment and order dated 5-12-2007 passed by the High Court Division in Writ Petition No. 3868 of 2004). Judgmen......plaint and a decree for declaration that the setÂtlement deed described in schedule ‘B’ is not binding on the plaintiffs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 129. ..Category: Property Law | Date: | Hits: 29
Abdul Gafur and others Vs. Md. Abdur Razzak and others, 2009, 38 CLC (AD)
....r the Petitioners. Abdul Wadud Bhuiyan, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For respondents. Civil Appeal No. 122 of 2006. (From the judgment and order dated 21st June, 2006 passed by the High Court Division in Civil Revision No. 3001 of 2001). Judg......is allowed without any order as to costs. The judgment of the High Court Division is set aside and restored those of the Courts below. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 242. ..Category: Tenancy Law | Date: | Hits: 174
Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka 4) Vs. State and another, 2010, 39 CLC (AD)
....d Alam Khan, Advocate (with MA Aziz Khan, Advocate) instructed by Zahirul Islam, Advocate-on-Record—For the Added Respondent No. 2. Criminal Appeal No. 5 of 2009. (From the judgment and order dated 20-11-2008 passed by the High Court Division in Criminal Miscellaneous Case No. 11212 of 2008)......ould be exercised to quash proceedings. However the exercise of the power by the High Court in the case before us does not come within the ambit of the principles laid down by this Court in the above decision. For instance the second conÂtention taken before the High Court by the accused related to..Category: Anti-Corruption Laws | Date: | Hits: 195
....structed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1.
Not Represented- For Respondents Nos. 2 & 3.
Civil Appeal No. 87 of 2002.
(From the judgment and order dated 27.7.1999 passed by the High Court Division in Writ Petition No.471 of 1989.)
Judgment
....... In pursuance of the said undertaking, the shops were allotted in presence of the Administrator Dhaka City Corporation on the basis of lottery on 10th January, 1988. The said lottery was held as per decision of the shop allotment commitÂtee providing that nobody would be entitled to raise any obje..
Category: Property Law | Date: | Hits: 29
Md. Sona Ullah Vs. Most. Morium Bewa and others, 2010, 39 CLC (AD)
....tructed by Haridas Paul, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 533 of 2009. (From the judgment and order dated I 28.10.2008 passed by the High Court Division in Civil Revision No.1642 of 2003.) Orde......ot binding upon them though the courts below clearly held that except for the case of plaintiff No. 3, the other plaintiffs purÂchases were hit by lis pendens and this has resulted an error in the decision of the case on its merits. II. For that the Appellate Court having reversed the fin..Category: Property Law | Date: | Hits: 18
Mohammad Mujibul Hoque Vs. Shamsul Alam and others, 2010, 39 CLC (AD)
....rs. Sufia Khatun, Advocate-on record-For respondent No.1. Not represented- Respondents nos. 2-5. Civil Petition for Leave to Appeal No. 1193 of 2009. (From the Judgment and Order dated 25th January, 2009 passed by the High Court Division in Civil Revision No. 2480 of 2006) ......s written objection but he did not press this point at the trial of the case and also failed to adduce suffiÂcient evidence in support of this point and accordingly, the trial Court did not give any decision on that point. The Court of appeal below, however, on perusal of the alleged agreement, Ext..Category: Property Law | Date: | Hits: 21
Md. Khorshed Alam and another Vs. Mohammad Ali and others, 2009, 38 CLC (AD)
.... both the petitions). Not Represented-For the-Respondent Nos. 2-3 (In both the petitions). Civil Petition for Leave to Apple Nos. 83 and 129 of 2009. (From the judgment and order dated 04.11.2008 passed by the High Court Division in F.M.A. No.370 of 2007). Judgment ......earned Advocate for the petitioners in both of the leave petitions. Accordingly, both of the leave petiÂtions are dismissed. Ed. This Case is also Reported in: VII (ADC) (2010) 223. ..Category: Property Law | Date: | Hits: 20
Narendra Chandra Das and another Vs. Sree Sree Gopal Bigraha and another, 2009, 38 CLC (AD)
....pellants. Harendra Nath Nandi, Advocate, instructed by Syed Mahbubur Rahman, Advocate On-Record-For the Respondents. Civil Appeal No. 106 of 2006. (From the judgment and order dated 26.07.2004 passed by the High Court Division In F.A. No. 54 of 1999) Judgment ......representaÂtion to protect its interest. 12. In the case of Pradip Kumar Chakraborty Vs. Jamila Khatun Bibi & ors reported in 51 DLR (AD) 156 the Appellate Division while referring to the decision of the case of Kishore Joo Vs. Guman Behari Joo Deo AIR 1978 All 1 wherein it has been held..Category: Property Law | Date: | Hits: 29
S. M. Hossain and others Vs. Lahazuddin and others, 2009, 38 CLC (AD)
....presented- Respondent Nos.2-10 (In Civil Appeal Nos. 94-95 of 2005). Civil Petition for Leave to apple Nos.94 and 95 of 2005. (Civil Appeal No. 178 of 2002 arising out of the judgment and order dated 16.08.2000 in Civil Revision No. 1586 of 1998, Civil Appeal No.94 of 2005 arising out of the j......urrendered possession after judgment in Civil Revision No. 1142 of 1969 whereÂin the issue of tenancy has been decided, the suit is barred by law. In support of his contention he has referred to the decisions reported in BCR 1986 AD 71; 1986 BLD (AD) 224(a); 48 DLR (AD) 205. Mr. Ariff submits that ..Category: Tenancy Law | Date: | Hits: 185
Janata Bank Vs. M/S. Natun Pragoti Paribahan Sangstha and othÂers, 2009, 38 CLC (AD)
.... Khondaker Mahbubuddin Ahmed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For the-Respondents. Civil Appeal Nos. 103-104 of 2004 (From the judgment and order dated 30.11.2002 passed by the High Court Division in Writ Petition Nos. 4986 & 4987 of 1996). ......, by leave, is directed against the judgment and order dated 30.11.2000 of the High Court Division passed in Writ Petition Nos. 4986 and 4987 of 1996 making absolute the Rule obtained challenging the decision of the Board of Janata Bank, the appellant is not allowing the prayer of the respondent No...Category: Banking Law | Date: | Hits: 98
Tanvir Ul Islam Vs. General Manger, Credit Information Bureau, Bangladesh Bank, 2009, 38 CLC (AD)
....tion No.541 of 2009). Not represented- the Respondents (In Civil Petition No. 542 of 2009). Civil Petition for Leave to Appeal Nos. 540-542 of 2009. (From the judgment and order dated 26.01.2009 passed by the High Court Division in Writ Petition No. 12174 of 2006 analogously he...... report has been prepared accordingly. We find substance in this submission. Accordingly these leave petitions are disÂmissed. Ed. This Case is also Reported in: VII (ADC) (2010) 197...Category: Business or Commercial Law | Date: | Hits: 216
.... by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 520 of 2009.
(From the judgment and order dated 03.03.2009 passed by the High Court Division in Writ Petition No. 7366 of 2005.)
Judgme......sion committed no illegaliÂty in discharging the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII (ADC) (2010) 194.
..
Category: Others | Date: | Hits: 84
Anath Chandra Barman Vs. Government of Bangladesh, 2009, 38 CLC (AD)
.... Nazrul Islam Talukder, Advocate instructed by Firuzur Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 467 of 2009. (From the judgment and order dated 04.12.2008 passed by the High Court Division in Writ Petition No. 9684 of 2008.) Judgme......n a sudden the petiÂtioner learnt that the Ministry has decided to lease out the fishery in question by tender. The petitioner on further inquiry learnt that the leasing authority without taking any decision on the application of the petitioner and without informing him, issued memo directing the D..Category: Property Law | Date: | Hits: 26
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