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Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
.... Senior Advocate- For Respondent No.1. Civil Petition for Leave to Appeal Nos. 2221 & 2222 of 2008 With Civil Petition for Leave to Appeal Nos. 2046 & 2056 of 2008 (From the order dated 17.07.2008 passed by the High Court Division in Writ Petition No.1543 of 2003 heard analogousl......ontroversy has arisen regarding the issue of the standing of the 29 permanent and confirmed sitting Judge of the High Court Division as stated above and the maintainability of their leave petition, a decision on the issue is necessary for proper disposal of the appeal. 16. The issue arose when 2..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....slam Bhuiyan, Advocate-on-Record- For Respondent No.2. Not represented- Respondent No.1. Civil Petition For Leave To Appeal No. 29 Of 2007. (From the judgment and order dated the 24th day of July, 2006 passed by the High Court Division in First Appeal No.562 of 2000)....... Security of TK.1000.00 is to be deposited with one month from date. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 110
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....ab Hossain, Advocate-on-Record- For Respondent Nos.11 & 12. Not represented- Respondent Nos.1-10. Civil Petition For Leave To Appeal No.153 of 2007 (From the judgment and order dated the 29th January, 2007 passed by the High Court Division in Writ Petition No.8488 of 2005). .......17 acres of land within the Mills area. On bringing the matter to the notice of the Minister a meeting was held on 29.03.1993 directing eviction of unauthorized occupants and pursuant to the said decision Additional Deputy Commissioner (Revenue), Noakhali, issued notice for eviction of the unau..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
....Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition For Leave To Appeal No. 94 of 2007. (From the judgment and order dated the 6th day of November, 2006 passed by the High Court Division in Civil Revision No. 2350 of...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....llate Division rendering the opinion. 5. The President acting through the Ministry of Law, Justice and Parliamentary Affairs vide memo No. বিচার-৩/১ এম-৬/২০০৯-৬৮৫ dated 17.8.2009 sent a reference to the Appellate Division addressed to the Registrar of the Supreme......applying the Army Act or any part of it authorising trial of the accused BDR personnel for the offence committed by them prior to the date of such notification. This view is amply countenanced by the decisions reported in 7 BLC (AD) 73, case of A. Hannan 40 DLR 273, Bar Council Vs. Surjeet Singh AIR..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
....b Hossain, Advocate-on-Record—For the Petitioners. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 718 of 2008. (From the judgment and order dated 30-11-2005 passed by the High Court Division in Civil Revision No. 4578 of 2002). Judg......aising any objection as to defect of parties. 5. The High Court Division also found that the story of development of the case land was not proved. The High Court Division in arriving at its decision considered the decisions in the cases reported in 28 DLR (AD) 5, 20 DLR 80, 33 DLR (AD) 11..Category: Property Law | Date: | Hits: 38
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....ur Rahman, Advocate-on-Record-For the Respondent Nos.1-6. Not represented-Respondent No. 7. Civil Petition for Leave to Appeal No. 431-442 of 2005. From the judgment and order dated 04.09.2004 passed by the High Court Division in Writ Petition Nos.5756, 5757, 5758, 5759, 579......on No.431 of 2005 filed Writ Petition No. 5756 of 2000 on the averments that their homesteads being acquired by the Government, the Land Allotment Committee, Ministry of Works, in terms of the decision taken in the year 1993, subsequently, in the year 1999 allotted 12 rehabilitation plots to..Category: Property Law | Date: | Hits: 34
Md. Abu Sufian and others Vs. Ferdoshi Begum and others, 2009, 38 CLC (AD)
....s. Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-36. Civil Petition for Leave to Appeal No.261 of 2006. (From an order dated the 14th day of February, 2006 passed by the High Court Division in Matter No.14 of 2006). ......he respondent No. 2 and attended by all the Directors/shareholders of the respondent company. At the said meeting dated 16.08.2005 the said item No.6 on the agenda was taken up for discussions and decision. It was unanimously resolved that all the bank accounts of the respondent company wer..Category: Business or Commercial Law | Date: | Hits: 199
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....ted by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.1426 of 2006. (From the judgment and order dated 18.10.2005 passed by the High Court Division in Civil Revision No. 2962 of 1999). Judg......to inherent power of the court for rejecting plaint. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 695. ..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
....nior Advocate, instructed by Syed Mahbubur Raman, Advocate-on-Record-For the Respondents (In both the cases) Civil Petition for Leave to Appeal No. 878-879 of 2008. (From the judgment and order dated 16.03.2008 passed by the High Court Division in Civil Revision No.1310 of 1996 and 201 of 1995......etitioners. From the materials on record, it appears that the leave petitioners failed to prove their assertion of their payment of rent for the period of Shrabon 1386 B.S. to Agrahayan 1388 B.S. The decision of the learned District Judge in allowing the House Rent Control Case of the leave petition..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....ate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1529 of 2008. (From the judgment and order dated 17.04.2007 passed by the High Court Division in Writ Petition No.687 of 2005) Judgment ......e impugned judgment passed by the High Court Division. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 686, 62 DLR (AD) (2010) 231...Category: Banking Law | Date: | Hits: 373
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
.... Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Civil Petition for Leave to Appeal No. 883 of 2008. (From the judgment and order dated 10.3.2008 passed by the High Court Division in Civil Revision No. 1079 of 2008) Judgme...... impugned judgment. We do not find any substance in the points raised. The High Court Division upon consideration of all the points raised and argued on behalf of the defendant arrived at a correct decision on the basis of the materials on record. We therefore find no reason to interfere with the..Category: Property Law | Date: | Hits: 29
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Review Petition for Leave to Appeal No.173 of 2008. (From the judgment and order dated the 2nd day of June, 2008 passed by the Appellate Division in Civil Petition for Leave to App......cumstances, such as, non-consideration or misreading of the material evidence affecting the merit of the case, the High Court Division ignoring the well settle principle and arrived at a erroneous decision of the case and this Division also ignoring the merit of the case arrived at a wrong findi..Category: Property Law | Date: | Hits: 25
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
.... Md. Osman Ghani, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1209 of 2008. (From the judgment and order dated 27.04.2008 passed by the High Court Division in Civil Revision No. 2727 of 2003). Judg......evidence and materials on record we find no reason to disturb the same. Hence this leave petition is dismissed having no merit. Ed. This Case is also Reported in: VI ADC (2009) 668. ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
.... Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-14. Civil Petition for Leave to Appeal No. 303 of 2007. (From the judgment and order dated 1.8.2006 passed by the High Court Division in F.A Nos. 274, 70 and 88 of 1995). Judgment ......ved upon the owners of the land before passing the order of forfeiture. 7. 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 inter..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... Sufia Khatun, Advocate-on-Record-For Respondents No.1. Not represented-Respondent No. 2-9. Civil Petition for Leave to Appeal No. 707 of 2008. (From the judgment and order dated 15.11.2007 passed by the High Court Division in Contempt Petition No.60 of 2006.) Judg......ty particularly the Chairman of the present Managing Committee of the School by it's letter dated 04.07.2007 (Annexure-J) asked the contemner No. 2 to implement this court's order and the decision of the Appeal an Arbitration Committee and to accept the joining letter of the petitioner ..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
....111-116, 119-120 of 2004) Not represented- the Respondent (In Civil Appeal Nos. 110, 117-118, 121 of 2004) Civil Appeal Nos.107-121 of 2004. (From the judgment and Order dated June 27, 2001 passed by the High Court Division in W. P. Nos. 3408, 5120, 4862. 3415, 3413, 3......o the initiation of the L.A. case for the requisition of the land as now they are claiming. 6. At the time of hearing it was contended on behalf of the writ-petitioners that Government took decision to de-requisition 1005 acres of land out of 2076 acres of land and thereupon issued n..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
....on-Record—For Respondent No. 5. None represented—Respondent Nos. 3, 4 and 6-19. Civil Petition for Leave to Appeal No.1368 of 2007. (From the judgment and order dated the 14th day of August, 2007 passed by the High Court Division in Admiralty Suit No.11 of 200...... substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009)115. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
.... For the Appellant. Md. Khurshid Alam Khan, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondents. Criminal Appeal No. 25 of 2006. (From the judgment and order dated 25-10-2003 passed by the High Court Division in Criminal Appeal No.1383 of 2000 with Death Ref......be set at liberty forthwith." The above short order shall form part of this judgment. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 108; 29 BLD (AD) 2009, 73; 14 MLR (AD) (2009) 328. ..Category: Criminal Law | Date: | Hits: 53
Bangladesh and others Vs. Sirajuddin Khan, 2009, 38 CLC (AD)
....For the Petitioners. Muhammad Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition For leave to Appeal No.1710 of 2008. (From the judgment and order dated 3rd July, 2008 passed by the High Court Division in Writ Petition No.1242 of 2007.) Ju......rtificate from the Department of Environment. 6. In the circumstances, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (A..Category: Property Law | Date: | Hits: 30
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