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Nurul Islam and others Vs. Lal Miah & another, 2004, 33 CLC (AD)
.... Harendra Nath Nandi, Advocate instructed by Md. Nowab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 123 of 2000. (From the judgment and order dated 14.07.1999 passed by the High Court Division in Civil Revision No.2052 of 1996). Judgme......ent of the material on record and we find no cogent reason to interfere with the same. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 17. ..Category: Property Law | Date: | Hits: 34
....ubar Rahman, Advocate-on-Record- For Respondent Nos.1-4 (In both cases).
Not represented- For Respondent Nos.5-9 (In both cases).
Civil Appeal Nos. 8-9 of 2005.
(From the judgment and order dated 28.01.2002 passed by the High Court Division in First Appeal Nos.203 and 108 of 1995.)
Judg......e for declaration that the settlement deed described in schedule 'B' is not binding on the plaintiffs.
This Case is also Reported in: 15 MLR (AD) (2010) 1; VII (ADC) (2010) 113; 7 LG (AD) 2010, 5.
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Category: Property Law | Date: | Hits: 43
State Vs. Mirza Abbas, 2009, 38 CLC (AD)
....with Ahsanul Karim, Advocate), instructed by Mvi. Md. Wahidullah, Advocate-on-ÂRecord- for the Respondent. Criminal Petition for Leave to Appeal No. 392 of 2009. (From the JudgÂment and Order dated 22.07.2009 passed by the High Court Division in Criminal Miscellaneous Case No.1930 of 2008) ......thereÂfore no valid reason to interfere with the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 7 LG (AD) (2010) 76; 15 MLR (AD) (2010) 141. ..Category: Fiscal/Taxation Law | Date: | Hits: 75
Rupak Dey Vs. Commissioner of Customs and others, 2008, 37 CLC (AD)
.... K. M. Shahidul Huq, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 293 of 2006. (From the judgment and order dated 28.11.2005 passed by the High Court Division in Writ Petition No. 1577 of 1999) Judgm...... substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 314. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
M/S. R.M. Salt Crushing Industries Vs. Sonali Bank, Cox's Bazar Branch & others, 2009, 38 CLC (AD)
....instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented-Respondents Civil Petition for Leave to Appeal No. 515 of 2008. (From the judgment and order dated 20.11.2007 passed by the High Court Division in Writ Petition No.4219 of 2005.) Judgme......e accrued interest amount subject to payment of the balance amount within 5 years in 20 quarterly installments effective from 20.4.2004. But the bank without communicating aforementioned decision as to the waiver of interest and granting of repayment by installments, filed the Art..Category: Civil Law | Date: | Hits: 136
A. Hakim Gazi and others Vs. Gazi Safiqul Islam and others, 2009, 38 CLC (AD)
....Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1440 of 2007. (From the judgment and order dated 7.3.2007 passed by the High Court Division in Civil Revision No.3057 of 1997.) Judgmen...... Rent Execution Case No.1278 of 1941 and produced papers as exhibit No.9 which was taken back on 27.3.1976 vide order no.38 of the lower appellate court and as such committed illegality in the decision. He further submits that the High Court Division failed to consider and appreciate the ev..Category: Property Law | Date: | Hits: 138
Md. Enamul Huq and others Vs. Bijoy Chandra Khasnabish and others, 2008, 37 CLC (AD)
....ted by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 6. Not represented-Respondent Nos.1-5, 7-10. Civil Petition for Leave to Appeal No. 1307 of 2007. (From the judgment and order dated 28.03.07 passed by the High Court Division in Civil Revision No.1406 of 2000). Judgment ...... the judgment and decree of the 3rd Subordinate Judge, the plaintiff preferred an appeal in the Court of 3rd Additional District Judge, Mymensingh, who on perusal of the documents and considering the decision of Higher Courts set aside the judgment and decree passed by the Subordinate Judge, 3rd Cou..Category: Limitation Law | Date: | Hits: 255
Rada Rani Nath and another Vs. Niranajan Dutta and others, 2009, 38 CLC (AD)
....Advocate, instructed by Md. Abu Siddique, Advocate-on-Record-For Respondents) (In both the cases) Civil Petition for Leave to Appeal Nos. 641-42 of 2008. (From the judgment and order dated the 24th day of February, 2008 passed by the High Court Division in Civil Revision No. 3310 ....... 5. It appears from the record that the plaintiff filed Title Suit No.17 of 1996 for permanent injunction which was decreed in favour of the plaintiff-petitioner but on appeal the decision of the trial Court was reversed by the Court of Appeal below. The respondent instituted T..Category: Property Law | Date: | Hits: 132
Majeda Khatun and others Vs. Jiban Nessa and others, 2009, 38 CLC (AD)
....d- For Respondent Nos.1-2, 4, 13, 15-16, 18, 22 and 24. Not Represented-Respondent Nos. 3, 5-12, 14, 17, 19-21, 23, 25 and 26. Civil Appeal No.136 of 2003. (From the judgment and order dated 18.2.2002 passed by the High Court Division in Civil Revision No.1788 of 1997.) Judgment ......cord the High Court Division would not be permitted in law to send the case back on remand for fresh hearing. 13. Suit can be remanded by the appellate court with direction for giving findings and decision on certain issues where the trial court omitted to do so. In terms of section 107 of the Co..Category: Procedural Law | Date: | Hits: 105
Anti-corruption Commission Vs. Dr. HBM Iqbal Alamgir and others, 2010, 39 CLC (AD)
....tructed by Mrs. Sufia Khatun, Advocate-on-Record- For Respondent No.1. Not Represented-For Respondent No.2-6. Civil Petition For Leave To Appeal No. 22 of 2010. (From the judgment and order dated 22.11.2009 passed by the High Court Division in Writ Petition No.7315 of 2008.) Judgment ......ine and in that event, the administration of criminal justice will be jeopardised. Accordingly this sort of practice is disapproved. However, since the High Court Division has not yet given the final decision in the matter, we are not inclined to interfere with the impugned order at this stage, desp..Category: Anti-Corruption Laws | Date: | Hits: 211
M/s International Trade Promotors Vs. Judge, Artha Rin Adalat No. 1 Dhaka & ors, 2008, 37 CLC (AD)
.... Md. Tafazzul Islam J.- This petition for leave to appeal is directed against the judgment and order dated 4.12.2007 of the High Court Division passed in Writ Petition No.5344 of 2005 disposing of th......directions stated above. 4. We are of the view that the High Court Division on proper consideration of the materials on record arrived "at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interf..Category: Civil Law | Date: | Hits: 191
Ujjal Rani Banik and others Vs. Sree Krishna Chandra Banik and others, 2008, 37 CLC (AD)
....bsp; Mohammad Fazlul Karim J. - This petitioners seeks leave to appeal against the judgment and decree dated 26.07.2006 passed by the High Court Division in First Appeal No. 14 of 1997 dismissing the ap......rty were the joint property is totally erroneous since the contrary has been shown by the defendant-petitioners, thus the trial Court as well as the High Court Division erred in law in the impugned decision in decreeing the suit; that the plaintiff totally failed to prove title and possession in..Category: Property Law | Date: | Hits: 99
M/S. Madina Trading Corporation Vs. The Commissioner of Customs and another, 2008, 37 CLC (AD)
....nbsp; Mohammad Fazlul Karim J.- This petition for Leave to Appeal is directed against the judgment and order dated 22.02.2006 passed by the High Court Division in Writ Petition No.3675 of 1999 discharging th......t and as such, date on which NBR decides the desirability to impose supplementary duty and also necessity in public interest so to levy and thus it is the NBR which actually levy the duty and such decision of NBR is beyond Article 83 of the Constitution; that the parliament has not taken any dec..Category: Fiscal/Taxation Law | Date: | Hits: 112
Md. Rafique and another Vs. Md. Musa and others, 2007, 36 CLC (AD)
.... Judgment Mohammad Fazlul Karim J.- This Petition for Leave to Appeal is directed that the judgment and decree dated 13.04.2006 passed by the High Court Division in Civil Revision No.3632 of 1998 making the Rul...... substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 228. ..Category: Property Law | Date: | Hits: 92
Joynul Karim & others Vs. State, 2009, 38 CLC (AD)
.... Shah Abu Nayeem Mominur Rahman J. - Delay of 6 days in filing this application is condoned. 2. By this application the petitioners have prayed for leave to appeal against the judgment and order dated 08.05.2008 passed in Criminal Miscellaneous case No. 7287 of 2005 by the High Court Division d......h Court Division, pursuant to which one of the petitioner of Criminal Miscellaneous Case No. 7287 of 2005 was arrested and it is alleged that thus the other two accused persons came to know about the decision of the High Court Division in Criminal Miscellaneous Case No. 3203 of 2004 and then the acc..Category: Criminal Law | Date: | Hits: 163
Md. Altaf Hossain and others Vs. State, 2009, 38 CLC (AD)
....nbsp; Mohammad Fazlul Karim J. - The delay in filing of the leave petition is condoned. 2. The leave petition has been filed against the judgment and order dated 8.11.2007 passed by the High Court Division in Criminal Rule No. 93 (Con-A) of 2007 dischargi......rt Division failed to notice the mandatory provision of law with regard to trail in absentia while refusing to condoned the delay. The learned Advocate further submits with reference to the decision in 4 M.L.R page 221 in case of Nazrul Islam Chowdhury Vs. The State that due compliance of..Category: Criminal Law | Date: | Hits: 126
Chairman, Mymensingh Pourashava, Mymensingh Vs. Kasimonnessa Bewa and others, 2009, 38 CLC (AD)
....nbsp; Md. Abdul Aziz J. - This petition for leave to appeal is directed against the judgment and order dated 31.10.2007 passed by a Single Bench of the High Court Division in Civil Revision No. 3851 of......ound that the High Court Division misread. Misconceived and misinterpreted the facts and circumstances of the case and evidence on record and has committed an error of law resulting in an error in decision occasioning failure of justice and as such the impugned judgment and order is not tenable ..Category: Procedural Law | Date: | Hits: 143
Md. Nazrul Islam Vs. Monzurul Islam Liton and others, 2009, 38 CLC (AD)
.... Judgment Md. Abdul Aziz J. - This appeal, by leave, arises out of the judgment and order dated 30.07.2003 passed by a Division Bench of the High Court Division in Writ Petition No.1613 of ......ers reported in 39 DLR (AD) 85 and Bangladesh, represented by the Secretary, Ministry of Establishment Division and others vs. Mahbubuddin Ahmed reported in 50 DLR (AD) 154. 7. In the decision reported in 39 DLR (AD) 85, it is held that ..Category: Civil Law | Date: | Hits: 149
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
.... by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Appeal No.105 of 2006. Judgment Mohammad Fazlul Karim J.- This Appeal by leave is directed against the judgment and order dated 22.11.2005 passed by the High Court Division in Writ petition No.2206 of 2005 making the Rule ......ainst her was enquired into by a Board and found her guilty but the Authority instead of proceeding against in accordance with Service Regulations has decided not to proceed against her and taken the decision in the Syndicate meeting to terminate her service as a probationer. 4. Leave was granted..Category: Employment/Service Law | Date: | Hits: 118
Country Director, World Bank Vs. Ismat Zerin Khan, 2009, 38 CLC (AD)
....hammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No.1199 of 2008. (From the judgment and order dated 5.6.2008 passed by the High Court Division in Civil Revision No.1431 of 2008). Judgmen......ected papers including the impugned judgment. We do not find any substance in the contentions 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 in accordin..Category: Employment/Service Law | Date: | Hits: 104
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