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Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....vi. Md. Wahidullah, Advocate-on-Record - For the Respondents. Civil Appeal No. 52 of 1996 (This Appeal arises out of the Review Petition No. 24 of 1995 against the Judgment and order dated 6-4-95 passed by this Division in Civil Petition for Leave to Appeal No. 298 of 1994). ......r by Dr. Kamal Hossain, the learned Counsel for the appellant, during the course of hearing of the appeal that the appellant does not challenge at all the proposition of law enunciated in our decision. The appellant's only case is that there is an error apparent on the face of the record in..Category: Administrative Law | Date: | Hits: 124
Monzur Rahman Khan Vs. Mst. Tahera Parvin and others, 2003, 32 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record - For the Respondent No. 1 & 11. Not represented - Respondent No. 2-10. Civil Appeal No. 74 of 1997. (From the Judgment and Order dated 29th July, 1993 passed by the High Court Division in Civil Revision No. 492 of 1986). ......he respondent No. 1 preferred Misc. Appeal No. 51 of 1985. The learned District Judge, Sirajgonj by his judgment and order dated 24.8.88 dismissed the appeal. Being aggrieved by the aforesaid decision of the court of appeal below the respondent No. 1 as petitioner filed Civil Revision No. ..Category: Property Law | Date: | Hits: 33
Mossammat Khursheda Jahan Vs. Jahan Syada Shafinaz and others, 2002, 31 CLC (AD)
....llant. Md. Aftab Hossain, Advocate-on-Record - For Respondent Nos. 1-3. Not Represented - Respondent Nos. 4-9. Civil Appeal No. 61 of 1995. (From the Judgment and Order dated 11.1.1995 passed by the High Court Division in Civil Revision No. 291 of 1989 (Rangpur) No. 9......xecuted in favour of the pre-emptee appellants. In view of the above, the appeal is allowed without any order as to costs. Ed. This Case is Also Reported in: II ADC (2005) 365. ..Category: Property Law | Date: | Hits: 35
Sufia Khatun Vs. Amin Hossin Mondal and others, 2005, 34 CLC (AD)
.... Md. Abu Siddique Advocate-on-Record - For Respondent Nos. 1-15 Not represented - Respondents Nos. 16 & 17. Civil Appeal No. 100 of 1999. From the Judgment and Order dated February 5, 1997 passed by the High Court Division in Civil Revision No. 59 of 1986 Jessore/C......ree of the courts below is based " on misreading and non reading and non consideration of the evidence of (sic) record" and thus the appellate court has "arrived at an erroneous decision and this calls for interference by this court". 7. The law is now settled as ..Category: Property Law | Date: | Hits: 37
Dr. Md. Rashidul Islam Vs. Morsheda Parveen, 2005, 34 CLC (AD)
....ellant. Shahadat Hossain, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondent. Civil Appeal No. 362 of 2002. (From the Judgment and Decree dated 14.11.2001 passed by the High Court Division in Civil Revision No. 2519 of 2000). Jud......for better schooling. The further contention is that he sent money and clothes to the defendant respondent for the minors but the defendant refused. 10. The High Court Division relying on a decision of this court in the case of Md. Abu Baker Siddique Vs. M. A. Bakar and others reported in..Category: Family Law | Date: | Hits: 161
Md. Akkas Ali Biswas and others Vs. Ashit Kumar Mojumder and others, 2005, 34 CLC (AD)
....ants. Momtaz Uddin Ahmed, Advocate, instructed by Ahsanullah Patwary, Advocate-on-Record - For the Respondents. Civil Appeal No. 193 of 2003. (From the Judgment and Order dated 06,03.2002 passed by the High Court Division in Civil Revision No. 3401 of 1998). Judg......pon such observation the rule was discharged. 5. Leave was granted to consider the submission that the plaintiff respondents having contested the Writ Petition No. 1465 of 1991 wherein decision having been given to the effect that the deed in question cannot be treated as a deed..Category: Procedural Law | Date: | Hits: 75
Mobinnessa and ors. Vs. Khalilur Rahman & ors., 1985, 14 CLC (AD)
...., Advocate-on-Record -For the Respondents Nos. 2(a) to 3(c) and 4. Ex-parte—For the Respondents Nos. 5-70. Civil Appeal No. 3 of 1984. (From the Judgment and decree dated 18-11-82 passed by the High Court Division, Jessore Bench in S.A. No. 213 of l973.) Ju......namely, the Second Court of Subordinate Judge, Barisal, on 8 July 1967. But on appeal the decree was reversed by the Additional District Judge on 28 April 1973 in Title Appeal No. 203 of 1967; this decision of the appellate Court has been upheld by a learned Single Judge of the High Court Di..Category: Property Law | Date: | Hits: 40
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....ocate-on-Record—For the Respondent Nos.1 & 2 (In both the appeals). Ex-parte—For the Respondents Nos. 3 and 4 (In both the appeals) Substitution is exempted vide order dated 29-4-85—for the Respondent Nos. 5 and 6 (dead) Civil Appeal Nos. 55 and 56 of 19......70. The learned Munsif rejected all these contentions and allowed pre-emption. On appeal the learned Subordinate Judge reversed the findings of the trial Court and disallowed pre-emption. The decision of the learned Subordinate Judge was challenged before the High Court Division by two..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....din Chaklader, Advocate-on- Record-For the Appellant. B. Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 17 of 1983. (From the Judgment and Order dated 8.9.82 passed by the High Court Division, Comilla Bench, in Criminal Revision No. 608 of 1978......ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....nt. Khandker Mahbubuddin Ahmed, Senior Advocate instructed by Syed Sakhawat Ali, Advocate-on-Record—For the Respondent Nos.1-3. Civil Appeal No. 120 of 1983. (From the judgment and decree dated 6 April, 1983 passed by the High Court Division, Comilla Bench, in Second Appeal No. 352 of 19......cial leave is directed against the judgment and decree dated 6.4.83 passed by the High Court Division, Comilla Bench in Second Appeal No 352 of 1978 allowing the appeal and reversing the concurrent decisions of the Court below. 2. The appellant, as plaintiff, instituted Title Suit No.602 of 197..Category: Property Law | Date: | Hits: 40
Reazuddin & ors. Vs. Jatindra Kishore Malaker and others, 1984, 13 CLC (AD)
....-on-Record—For the Appellants. Santi Ranjan Karmaker, Advocate-on-Record—For the Respondent Nos.1 & 2. Civil Appeal No. 6 of 1984. (From the judgment and order dated 22.6.83, passed by the High Court Division, Dhaka Bench, in Civil Revision Case No.150 of 198......cord of right was prepared, they are entitled to have their names recorded……………..(14) The High Court Division cannot interfere with the lower Court’s decisions in grounds which cannot be considered in a case under section 141A of the State Acquisit..Category: Property Law | Date: | Hits: 28
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....Ex parte —For the Respondent Nos. 1(a) to 1(g), 7 to 8, 10 to 18, 20, 21(a) to 21(f), 22 to 32, 34 to 48 and 50 to 53. Exempted from filing substitution application vide Court's order dated 7-8-84—For the Respondent Nos. 19. 33 & 49 is dead. Struck off vide Court's......s stated in paragraph 1, the contesting defendants preferred an appeal before the High Court Division, and a Division Bench of the High Court Division allowed the appeal in part, reversed the decision of the trial court on some points and decreed the suit only in respect of two plots, Plots..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....ellants. B. N. Chowdhury, Advocate, instructed by Kazi Ebadul Haque, Advocate-on-Record—For the Respondent No. 1 Civil Appeal No. 60 of 1984. (From the judgment and order dated 5-12-83 passed by the High Court Division, Rangpur Beach, in S.A. No. 40 of 1974.) Jud......her a deed was obtained fraudulently and collusively can be raised and decided in a suit under section 77 of the Registration Act and the learned Single Judge was wrong in leaving this question for decision in a future suit by the aggrieved person. 5. Leave was granted to consider this qu..Category: Property Law | Date: | Hits: 25
Syed Amir Hossain Vs. Mrs. Nadera Rahman, 1985, 14 CLC (AD)
.... order of dismissal under Order XLVII rule 7(2) of the Waqf Ordinance might be sought before the District Judge by filing an application for restoration of the Review petition within 15 days from the date of order of dismissal for default………..(12) In order to get remedy of condonation of de......32. (3) A revision from every order passed in appeal by the District Judge under sub-section (2), if presented within ninety days from the date of such order, shall lie to the High Court, whose decision shall be final." 5. Mr. T.H. Khan learned Advocate for the respondent does dispute th..Category: Procedural Law | Date: | Hits: 112
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
...., Advocate-on-Record—For the Respondent No.1. Ex-parte—For the Respondent Nos. 2(a) to 2(j) & 3-4. Civil Appeal No. 154 of 1983. (From the judgment and decree dated 24th November, 1981 passed by the High Court Division in Second Appeal No.161 of 1977). ......invalidated in view of the fact that there was no evidence that the defendant No.2 was in collusion with defendant No.1. Reliance was placed on Section 28 of the Registration Act and the decisions reported in ILR 1914 Calcutta at page 972 and AIR 1925 Madras at page 430. Th..Category: Property Law | Date: | Hits: 36
Md. Ebadullah Bepari Vs. Nikhil Chandra Das, 1985, 14 CLC (AD)
....-Record–For the Appellant. Jamiruddin Sircar, Advocate instructed by Md. Sajjadul Huq, Advocate-on-Record—For the Respondent. Civil Appeal No. 49 of 1984. (From the judgment and order dated 16-1-84 passed by the High Court Division, Rangpur Bench, in Civil Revision No.121 of 1983.) ......r hand, contended that the appellant willfully neglected to comply with the provision of section even after the respondent had pointed out to defect on two occasions and that in the circumstances the decision in the case of Benode Bepari Saha is not applicable to the instant case. 4. Section 17(..Category: Tenancy Law | Date: | Hits: 159
State Vs. Md. Haroon, 1984, 13 CLC (AD)
....vocate-on-Record—For the Appellant. Md. Yahya, Advocate, instructed by Md. Roab Ali, Advocate-on-Record—For the Respondent. Criminal Appeal No. 5 of 1980. (From the judgment and order dated 13.9.77 passed by the High Court Division in Death Reference case No.4 of 77 and Criminal Appe......prosecution case for the proper estimation of the extent to which the charges may be held to have been proved, as is it to examine prosecution, case side by side which the defence case, in reaching a decision on the accused's special pleading. The verdict must be given not on any special pleading bu..Category: Criminal Law | Date: | Hits: 64
Mrs. Malekha Khatun and others Vs. Md. Abul Kashem & ors., 1985, 14 CLC (AD)
....n 87 of the Bengal Tenancy Act, 1885 the landlord can enter into the land and take possession. The tenant, of course, has a right of recovery of the land by filing a suit within two years from the date of the notice. The landlords' right to enter upon the holding under section 87(1) does......assed by the High Court Division Dhaka in Second Appeal No.9 of 1968.) Judgment Shahabuddin Ahmed J.— In this appeal by special leave the principal question is whether the decision of the lower Appellate Court, as confirmed in second appeal by the High Court Division, t..Category: Property Law | Date: | Hits: 32
Ali Jan Khan & others Vs. Bangladesh, 1984, 13 CLC (AD)
....Hossain, Advocate-on-Record- For the respondents. Civil Petition for Special Leave to Appeal No. 310 of 1984. with Miscellaneous Petition No. 46 of 1984. (From the judgment & order dated 25.10.84 passed by the H.C. Division Chittagong Bench in Civil Revision No. 63 of 1984.) ...... Result: The petition is dismissed. The Emergency (Land and Building) Requisition Ordinance, 1982 (Ordinance No. II of 1982), sections 5 & 44 Section 5 of the Ordinance provides that the decision of the Government shall be the conclusive evidence that the property is needed for a public..Category: Property Law | Date: | Hits: 55
Mahbubur Rahman Sikder and others Vs. Mujibur Rahman Sikder and others, 1983, 12 CLC (AD)
....d. Aftab Hossain, Advocate-on-Record—For the respondent (In Civil Appeal No. 65 of 1983). Civil Miscellaneous Petition No. 12 of 1983. (Arising out of the Judgment of the Appellate Division dated July 13, 1982 passed in Civil Appeal Nos. 03-65 of 1982.) Judgment Fazle Munim CJ. — I......wer is derived from the provisions of the Constitution. In support of these provisions, he referred to the provisions in the Constitution, now suspended, namely, Articles 104 and 105 and also a few decisions including that of the Supreme Court of Pakistan, which we shall presently consider. Let th..Category: Constitutional Law | Date: | Hits: 149
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