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M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)
....instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Review Petition No.146 of 2008. (From the judgment and order dated 19.06.2008 passed by the Appellate Division in Civil appeal No.181 of 2005.) Judgment ......wered in our judgment. We therefore find no cogent reason to review the same. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 547. ..Category: Property Law | Date: | Hits: 23
Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)
.... Md. Ferozur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1796 of 2008. (From the judgment and order dated of 17.06.2008 passed by the Administrative Appellate Tribunal in A.A.T. Appeal No.13 of 2002.......d misappropriation he was served with a second show cause notice : dated 20.11.1995 under the provisions of Regulation No. 28 (1) (b) of the said Regulations, 1981, mentioning that preliminary decision was taken for his dismissal from service as punishment, to which the respondent repli..Category: Administrative Law | Date: | Hits: 166
Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)
.... Md. Helaluddin Mollah, Advocate- For the Petitioner. S. M. Abdul Mobin, Deputy Attorney General-For the Respondent. Jail petition No.19 of 2007. (From the judgment and order dated 22.11.2005 passed by the High Court Division in Death Reference No.112 of 2003). Judgm......dequate sentence under sympathy would do harm to Justice System and would undermine public confidence in the efficacy of law. 7. Accordingly there is no illegality or infirmity in the above decision of the High Court Division so as to call for any interference. The petition is di..Category: Criminal Law | Date: | Hits: 50
Bangladesh Krishi Bank Vs. Md. Saidul Haque, 2008, 37 CLC (AD)
....Taherul Islam, Advoate-on-Record-For the Petitioners. Zahirul Islam, Advocate-on-Record-For Respondent No.1. Civil Petition for Leave to Appeal No.1658 of 2007. (From the judgment and order dated 13.9.2007 passed by the Administrative Appellate Tribunal in A.A.T. Appeal No.70 of 1998). ......িবে”। 9. We are of the view that the Administrative Appellate Tribunal on proper consideration of the materials on record and correctly relying on Regulation 47 arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interfe..Category: Administrative Law | Date: | Hits: 189
Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)
....dvocate-on-Record-For the Petitioner. Mrs. Khalida Zahan, Advocate-on-Record-For the Respondent. Civil Review Petition for Leave to Appeal Nos. 18-25 of 2005. (From the judgment and order dated the 7th day of August, 2004 passed by the Appellate Division in Civil Petition for Leave to Ap......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ..Category: Fiscal/Taxation Law | Date: | Hits: 72
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
....nt Mohammad Fazlul Karim J. - These petitions for review are directed against the judgment and order dated 19.04.2007 passed by this Division in Civil Appeal Nos.84-85 of 2004 allowing the appeals.&nb...... Ordinance, but PDBF never considered itself as an industry and that in writ petition No. 2807 of 2002, the High Court Division has held that PDBF comes within the definition of 'industry' but the decision in the aforesaid writ petition is under appeal and as such, it has not been finally decide..Category: Employment/Service Law | Date: | Hits: 68
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....cted by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent No.1. Not represented- For Respondent No. 2. Civil Petition for leave to Appeal No. 604 of 2004. (From the Judgment dated August 26, 2003 passed by the High Court Division in Writ Petition No.4870 of 2002.) J......anager (Administration), that the petitioner was servicing under the BJMC and thus he has been treated as public servant and after the closer of the Adamjee Jute Mills Corporation (AJML) the policy decision Golden Handshake Scheme was not applicable to the employees of AJML and representat..Category: Employment/Service Law | Date: | Hits: 61
Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)
....ate-on-Record- For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 346 of 2007. (From the Judgment and Order dated 1.3.2007 passed by the High Court Division in Writ Petition No.770 of 2007) Judgment ......ting the minors by the father as well as the grand parents while the minors are in the custody of the mother and that in case of difference as to the time and place of visiting the minors the final decision has been left with the Family Court before whom Family Case No. 61 of 2007 is pending. ..Category: Family Law | Date: | Hits: 171
Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)
.... Abdun Nur, Advocate-on-Record- For the Respondent No.2. Not represented- For Respondent Nos.1 & 3. Civil Petition for Leave to Appeal No. 742 of 2004. (From the judgment dated March 10, 2004 passed by a Division Bench of the High Court Division in Writ Petition No.374 ......sion has committed no error of law in its judgment calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 91
Bhaja Krishna Barman and others Vs. Sree Raghunath Chandra Barman, 2007, 36 CLC (AD)
....t 29, 2007. Lawyers Involved: Muhammad Nawab Ali, Advocate-on-record-For the Appellants. Ex-parte-the Respondents. Civil Appeal No.16 of 2000. (From the Judgment and Order dated February 20, 1995 passed by the High Court Division in Civil Revision No.1484 of 1991) ...... of the defendant No.1's predecessor, that from the analysis of evidence produced by the plaintiffs it is seen that the plaintiffs are in possession in the land in suit. 8. On the aforesaid decision and findings the appellate Court allowed the appeal and thereupon decreed the suit upon se..Category: Property Law | Date: | Hits: 28
GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)
....ury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 381 of 2007. (From the judgment and order dated 18.10.2006 passed by the High Court Division in First Appeal No.108 of 1998.) Judgment......ected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision and dismissed the appeal. We therefore find no reason to interfere with the same. A..Category: Civil Law | Date: | Hits: 150
Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)
.... Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1026 of 2007. (From the judgment and order dated 22.3.2007 passed by the High Court Division in Civil Revision No.5361 of 1998). Judgme......ssed in Title Suit No.68 of 1977 could be declared illegal or void. 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 i..Category: Property Law | Date: | Hits: 74
Government of Bangladesh Vs. Enamul Huque and others, 2008, 37 CLC (AD)
....puty Attorney General, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 248 of 2007. (From the judgment and order dated 6th and 7th August 2006 passed by the High Court Division in F.A. No. 149 of 1989). Ju......re actually the land of the father of the plaintiff and that the plaintiffs and his father live in the same mess and as such there are excess land of the plaintiff and his father; against the said decision the plaintiff filed Appeal No.1/XV/1976-77 before the Additional Deputy Commissioner (Rev)..Category: Property Law | Date: | Hits: 26
Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)
....ia Khatun, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 618 of 2007. (From the judgment and order dated the 22nd day of January 2007 passed by the High Court Division in Writ Petition No. 5257 of 2......o substance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ..Category: Civil Law | Date: | Hits: 99
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....sp; Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 123 of 2004 (From the judgment and order dated 30.4.2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.61 of 1998). ......xercise of the power of review except in the manner provided by law. A party is not entitled to seek a review of a judgment delivered by this court merely for the purpose for rehearing and a fresh decision of the case and departure from that principle is justified only when circumstances of a su..Category: Administrative Law | Date: | Hits: 159
M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)
....te, instructed by Mrs. Sufia Khatun, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No.172 of 2008. (From the judgment and order dated 30th May, 2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1354......dgment. A review is by no means rehearing of the original matter. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 505. ..Category: Intellectual Property Law | Date: | Hits: 329
Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)
....hury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4 Civil Petition for Leave to Appeal No. 275 of 2008. (From the judgment and order dated 24.9. 2007 passed by the High Court Division in Civil Revision No. 4160 of 1999). Judg......r the petitioner and it is a settled principle of law that question of limitation is a mixed question of facts and law and needs to be settled only upon taking evidence and further in terms of the decisions of the superior courts, a litigant should not suffer for wrong advise of his learned lawy..Category: Procedural Law | Date: | Hits: 66
Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)
....ed: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 350 of 2007. (From the judgment and order dated 27.6.2005 passed by the High Court Division in Civil Revision No. 988 of 2000). Judgme......on for leave to the Headmaster of the School who granted her leave subject to the approval of the Managing Committee and it does not appear from the records that the plaintiff was communicated any decision taken by the Managing Committee upon the said prayer and further the plaintiff, after obta..Category: Employment/Service Law | Date: | Hits: 66
Md. Mustanisur Rahman and other Vs. Bangladesh, 2008, 37 CLC (AD)
....cases). Md. Taufique Hossain, Advocate-on-Record-For the Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 822-823 of 2007. (From the judgment and order dated 11.2.2007 by the High Court Division in Writ Petition Nos. 3770 and 3771 of 2006.) Jud......connected papers including the impugned judgment. We do not find any substance in 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. Both the petitions are ac..Category: Employment/Service Law | Date: | Hits: 57
Nurjahan Begum Vs. Nur Rahman and other, 2008, 37 CLC (AD)
....nstructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented-Respondent Nos. 4-18. Civil Petition for Leave to Appeal No. 245 of 2007. (From the judgment and order dated 28.8.2006 passed by the High Court Division in Civil Revision No. 309 of 2004). Judgment ......t No.1 has been proved for more than 12 years, he is entitled to get title even on the basis of invalid title though the defendant No.1 did not specifically claim title by adverse possession vide the decision reported in 7 DLR 94. We are of the view that the High Court Division on proper consider..Category: Property Law | Date: | Hits: 42
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