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Samsuddin Nakib and others Vs. Syed Fakruddin Ahmed and others, 2008, 37 CLC (AD)
....Mahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-21 Civil Petition for Leave to Appeal No. 598 of 2006. (From the judgment and order dated 30.6.2004 passed by the High Court Division in Civil Revision No. 6498 of 2001). Judgm......6. We are of the view that the High Court Division on proper consideration of the materials on record discharged the Rule. The learned counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dism..Category: Property Law | Date: | Hits: 33
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
.... Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not Represented- Respondent Nos.7-17. Civil Petition for Leave to Appeal No. 492 of 2007. (From the judgment and order dated the 8th day of February, 2006 passed by the High Court Division in Civil Revision No.3975 of ......Trial Court. 4. Mr. Abdul Quayum, learned Counsel, appearing for the petitioners submits that the High Court Division while making the Rule absolute did not reverse all the findings and decisions of the Court below; that though the plaintiffs claimed the suit land measuring 0.14 acres..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
.... by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-For the Respondents Civil Petition for Leave to Appeal No.623 of 2006. (From the judgment and order dated 7.2.2006 passed by the High Court Division in Civil Revision No. 1401 of 1990.) Judgme......d papers including the impugned judgment. We do not find any substance in the point 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 accordingl..Category: Property Law | Date: | Hits: 23
M.S. Zaman alias Sukur Mahmud & another Vs. Kazimuddin Feraji & others, 2008, 37 CLC (AD)
....008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners Respondents-Not represented Civil Petition for Leave to Appeal No.452 of 2006. (From the judgment and order dated 11.04.2006 passed by the High Court Division in civil order No.5531 of 2004) Judgment ......sion did not commit any illegality. 7. In view of the discussion made above, 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: VI ADC (2009) 414, 1..Category: Property Law | Date: | Hits: 29
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....sp; Not represented- the Respondent. Civil Petition for Leave to Appeal No.211 of 2006 (From the judgment and order dated 25th July, 2005 passed by the High Court Division in Civil Revision No.2651 of 1999). ......d that the impugned judgment and order of the High court Division is neither proper nor in accordance with law; that the High Court Division committed an error of law resulting in error in the decision of the case occasioning a failure of justice in misreading the pleadings of the part..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
.... Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 531 of 2006. (From the judgment and order dated 31.8.2005 passed by the High Court Division in Writ Petition No.5072 of 1996). Judgmen......ve to have a plot of land for his rehabilitation as recommended by the respondent No. 3 in his judgment but the High Court Division, upon wrong application of the principles enunciated in the decisions cited in the impugned judgment, discharged the Rule on the ground of delay. T..Category: Property Law | Date: | Hits: 50
Dhaka Bank Limited Vs. Monir Hossain and others, 2008, 37 CLC (AD)
....ructed by Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. None represented- For Respondent Nos. 2-4. Civil Appeal No.136 of 2001. (From the judgment and order dated the 12th day of December, 2000 passed by the High Court Division in Civil Revision No. 3067 of......to release two double Decker buses on payment of all duties and taxes and to sell and to keep out of the sale proceeds of TK.43, 00,000.00 in fixed deposit to the credit of the trial Court till final decision of the suit. 2. The facts of the case, in short, are that the plaintiff-appellant is a..Category: Business or Commercial Law | Date: | Hits: 142
Md. Kamal Uddin Akand Vs. Artha Rin Adalat and others, 2008, 37 CLC (AD)
....Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 936 of 2007. (From the judgment and order dated 20.3.2007 passed by the High Court Division in Civil Revision No. 6930 of 2004). Judgm......y not without jurisdiction so writ jurisdiction can not be invoked. 8. 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 ..Category: Civil Law | Date: | Hits: 95
Abu Taher & another Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
.... Advocate-on-Record-For the Petitioners. Zainul Abedin, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.454 of 2007. (From the judgment and order dated 06.02.2007 passed by the High Court Division in Writ Petition No.1677 of 2003.) Judgme...... and circumstance of the case and in view of the discussion made above, 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: VI ADC (2..Category: Property Law | Date: | Hits: 26
Nur Islam Sharif alias Eslam Ali Vs. Amjed Ali Molla and others, 2008, 37 CLC (AD)
.... Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Not represented- Respondents. Civil Petition for Leave to Appeal No. 456 of 2007. (From the judgment and order dated 13.12.2006 passed by the High Court Division in Civil Revision No. 961 of 1998) Judgme......ing relief for a recovery of possession is not maintainable in law. 8. 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 ..Category: Property Law | Date: | Hits: 26
Kazi Abdul Hoque Vs. Md. Baharuddin and others, 2008, 37 CLC (AD)
....ubur Rahman, Advocate-on-Record-For Respondent No.1 Not represented- Respondent Nos.2-7. Civil Petition for Leave to Appeal No. 1003 of 2007. (From the judgment and order dated 21-05-2006 passed by the High Court Division in Writ Petition No.3129 of 2004. Judgmen......ved in the 330th General Meeting of the Board on 20-11-2003. The Authority in their 331st Meeting dated 02-12-2003 finalized the Preliminary list as per Rule 8 (5) and 8 (6) and in pursuant to the decision dated 02-12-2003 the respondent No.2 issued allotment letters in favour of the differ..Category: Property Law | Date: | Hits: 28
City Bank Limited Vs. M/s. Oscar Fashionwear Ltd. and others, 2008, 37 CLC (AD)
.... Islam, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 444 of 2007. (From the judgment and order dated 24.8.2005 passed by the High Court Division in F.A. No.849 of 1991). Judg......ify same and also did not produce any document to explain the same. 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 ..Category: Civil Law | Date: | Hits: 106
Md. Abdul Motaleb Sarker and others Vs. Md. Laskar Ali and others, 2008, 37 CLC (AD)
....Biswas, Advocate-on-Record-For Respondents No.2. Not represented- Respondent Nos. 1, 3-10. Civil Petition for Leave to Appeal No. 665 of 2006. (From the judgment and order dated 12.03.2006 passed by the High Court Division in Civil Revision No.2832 of 1997.) Judgm...... the site selection is the business of the Government and relates to policy matter concerning the administration and the petitioner as plaintiff had no locus standi to challenge such a policy decision of the Government. 12. Further more it appears that the decision was taken after th..Category: Property Law | Date: | Hits: 32
Md. Nurul Islam Sarker Vs. Deputy Commissioner, Gazipur and others, 2002, 31 CLC (AD)
....li, Senior, Advocate Instructed by Md. Nawab Ali, Advocate-on-Record - For Respondent No. 3. Not Represented - Respondent No. 4. Civil Appeal No. 178 of 2000. (From the Judgment and Order dated 30th January 2000 passed by the High Court Division in Writ Petition No. 3737 of 1998) Jud......ed without lawful authority and is of no legal effect. The Respondents are to pay Tk. 10,000/- (Ten thousand) as cost of this appeal. Ed. This Case is also Reported in: II ADC (2005) 643. ..Category: Civil Law | Date: | Hits: 128
Mozharul Islam Chowdhury, Advocate Vs. Dilip Kumar Roy and others, 2005, 34 CLC (AD)
....ee-holder-appellant, has arisen out of leave granted on 24lh August. 2003 in civil petition for leave to Appeal No. 1122 of 2002 which was preferred by the appellant against the judgment and order dated 30-04-2002 passed by the learned Single Judge of the High Court Division discharging the Rule......arate applications dated 22-05-1991 and 21-06-1991 praying for staying the pending execution proceedings on the plea of filing new suits challenging the original decree and as such the findings and decisions as arrived at by the High Court 5 Division are liable to be set aside. We find s enough ..Category: Property Law | Date: | Hits: 31
Humayun Hossain Khan Vs. Bangladesh, 2009, 38 CLC (AD)
....dvocate-on-Record—For Respondent No.3. Not Represented—Respondent Nos. 1-2 & 4-5. Civil Petition for Leave to Appeal No. 516 of 2008. (From the judgment and order dated 8-1 -2008 passed by the High Court Division in Writ Petition No. 6107 of 2004). Judgm......e. Thus we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 92. ..Category: Civil Law | Date: | Hits: 104
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....ossain, Advocate-on-Record-For the Respondent No. 1. (In Civil Petition Nos.1419-1424 of 2005) Civil Petition for leave to Appeal Nos. 1317-1321 of 2005. (From the Judgment and Order dated June 28, 2005 passed by the High Court Division in Trade Mark Application No.13 of 2002 along...... and there having been enough vacant positions available in the BCIC head office and other units, they could be easily transferred to and employed there. But instead an arbitrary and discriminatory decision was taken to terminate their services in the name of "pay off' without any option or..Category: Employment/Service Law | Date: | Hits: 64
Sohrab Ali Molla (Md) and others Vs. Md. Ataur Rahman Talukder and others, 2009, 38 CLC (AD)
....in, Advocate-on-Record—For Respondent No. 1. Not Represented —Respondent Nos. 2-20. Civil Petition for Leave to Appeal No. 56 of 2008. (From the judgment and order dated 13th March, 2007 passed by the High Court Division in Civil Revision No. 3460 of 2001). ......nt Nos.1 and 2 of the suit. The High Court Division also found that the trial Court rightly decided the matter in controversy and hence did not commit any error of law resulting in an error in the decision occasioning failure of justice in passing the judgment and decree. 9. Considering t..Category: Property Law | Date: | Hits: 49
Binapani Kandu Vs. Chairman, Vested and Non-Resident Property, 2009, 38 CLC (AD)
.... Judgment Md. Abdul Matin J.- These petitions for leave to appeal are directed against the judgment and order dated 3-10-2007 passed by the High Court Division in Civil Revision No.1887 of 1990 heard analogous......n affirming the judgment of the Courts below. We find no merit in these petitions which are accordingly, dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 101. ..Category: Property Law | Date: | Hits: 23
Md. Ali Bepary and ors. Vs. Garupranjan Chakraborty and others, 2009, 38 CLC (AD)
.... Bhuiyan, Advocate-on-Record—For the Petitioners. None represented —The Respondents. Civil Petition for Leave to Appeal No.1674 of 2007. (From the judgment and decree dated the 29th day of August, 2007 passed by the High Court Division in Appeal from Original Decree...... 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) 97. ..Category: Property Law | Date: | Hits: 22
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