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Mst. Dorae Anwara Khatun Chowdhury Vs. Shekerernessa and others, 2008, 37 CLC (AD)
....nbsp; Civil Petition for Leave to Appeal Nos. 729-732 of 2007. (From the judgment dated 24.04.2006 passed by the High Court Division in Civil Revision Nos. 3427, 3388, 3391 and 338...... should have been decreed by the appellate court. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 214. ..Category: Property Law | Date: | Hits: 23
Md. Amzad Hossain alias Khoka Vs. Dr. A.K.M. Mobarak Hossain, 2007, 36 CLC (AD)
....er. Firoz Shah, Advocate-on-Record-For Respondent Nos.1, 3-8. Not represented-For Respondent Nos. 2, 9-12. Civil Petition for Leave to Appeal No.1094 of 2006. (From the judgment and order dated 24.04.2006 passed by the High Court Division in Civil Revision No. 2149 of 2000.) Judgment ......he 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. The petition is accordingly dis..Category: Property Law | Date: | Hits: 26
Abu Yousuf and others Vs. Md. Hanif, 2008, 37 CLC (AD)
....s. A.K.M. Nazrul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1423 of 2007. (From the judgment and order dated 16.5.2007 passed by the High Court Division in Civil Revision No. 5575 of 2003) Judgment ...... 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. The petition is accordingly dis..Category: Property Law | Date: | Hits: 26
Commissioner of Customs, Dhaka and others Vs. M/s. Diplomat Garment (Pvt.) Ltd., 2007, 36 CLC (AD)
....by Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.791 of 2006. (From the judgment and order dated 25.5.2006 passed by the High Court Division in Writ Petition No. 6883 of 2005.) Judgme......cted 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. There is therefore no cogent reason to interfere with the same. Accordingly, the p..Category: Fiscal/Taxation Law | Date: | Hits: 55
Md. Murtoza Ali & anr Vs. Renu Bibi @ Saifur Nessa & ors., 2007, 36 CLC (AD)
....For Respondent No.1 (In both the cases). Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal Nos. 1055 and 1056 of 2006. (From the judgment and order dated 29.03.2006 passed by the High Court Division in Civil Revision Nos. 1805 and 1806 of 1994.) ......e-emption in favour of the respondent pre-emptor. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 203. ..Category: Property Law | Date: | Hits: 25
Jahanara Begum Vs. Badura Begum and others, 2007, 36 CLC (AD)
.... Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 792 of 2006. (From the judgment and order dated the 25 day of May, 2006 passed by the High Court Division in civil Revision No. 3506 of 2005......dgment and order is illegal; that the petitioner and respondent Nos. 1-4 claim the suit plot along with other lands and as such, the respondent can not evict or dispossess the petitioner till final decision of Title Suit No. 228 of 2004; that the order of stay and direction vide order dated 28.0..Category: Civil Law | Date: | Hits: 94
Manager, Satgaon Rubber Bagan & Ors. Vs. Chairman, 2nd Labour Court, Ctg., 2007, 36 CLC (AD)
....of 2005). Not represented- Respondent Nos.1-8, 10-33 (In Civil Petition No.1205 of2005). Civil Petition for Leave to Appeal Nos. 1203-1205 of 2005. (From the judgment and order dated 04.04.2005 passed by the High Court Division in Writ Petition Nos. 2350, 3748 and 3707 of 20......ve facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 190. ..Category: Labour and Industrial Law | Date: | Hits: 65
Mahadeb Chandra Mondal and other Vs. Rebati Sarder and others, 2007, 36 CLC (AD)
....ish, Advocate-on-Record-For Respondent No. 5. None represented- For Respondent Nos. 1-4, 6-16. Civil Petition for Leave to Appeal No. 245 of 2006. (From the judgment and order dated the 28th November, 2005 passed by the High Court Division in Civil Revision No. 906 of 2000).......rder by practice of fraud, the High Court Division erred in law in not considering the judgment of the two Courts below in juxtaposition with each other and in mechanically affirming the decision of the appellate Court below without applying his judicial mind. The learned Advocate furt..Category: Property Law | Date: | Hits: 23
K.K.K. Garments Limited Vs. Islamic Bank Bangladesh Limited and others, 2007, 36 CLC (AD)
....ufia Khatun, Advocate-on-Record-For Respondent No. 1. None Represented- For Respondent Nos. 2-3 Civil Petition for Leave to Appeal No.723 of 2005. (From the judgment and order dated the 27th March, 2005 passed by the High Court Division in First Appeal No. 121 of 2000). ......he impugned judgment is liable to be set aside. He further submitted that the High Court Division found that "in the circumstances it appears that the Court below arrived at an erroneous decision in decreeing the suit-in-part. The trial Court made different arithmetical calculations to..Category: Banking Law | Date: | Hits: 97
Taj Din Vs. Mrs. Razia Begum Alvi and others, 1973, 2 CLC (AD)
....cord—For Respondent No. 1. Ex Parte- Respondent Nos. 2 and 3. Civil Appeal No. 8 of 1967. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 19th September, 1961, in Writ Petition No, 993 of 1960). Judgement Waheed......ian, and which it was the duty of the Custodian, under the law, to protect within the meaning of section 20 aforesaid." 17. Mr. Ali Ahmed Khan, learned counsel for the appellant, referred to a decision of the Lahore High Court in the case of Zahid Ali vs. Chief Settlement Commissioner, Lahore..Category: Property Law | Date: | Hits: 28
Md. Ataur Rahman & others Vs. B. M. Muhibur Rahman & others, 2008, 37 CLC (AD)
....slam, Senior Advocate, instructed by Mrs. Sufia Kahatun, Advocate-on-Record-or Respondent Nos. 1-6 (In both the cases) Civil Appeal Nos. 113-114 of 2008. (From the Judgment and order dated 02.10.2007 passed by the High Court Division in Writ Petition No. 10238 and 2006.) Jud......ppeal. Both the appeals are accordingly owed without any order as to costs. Ed. This Case is also Reported in: 6 LG (AD) (2009) 111; 14 BLC (AD) (2009) 62; 29 BLD (AD) 2009, 15. ..Category: Employment/Service Law | Date: | Hits: 122
Collector of Customs, Customs House, Chittagong & ors Vs. M/s. Sumi Enterprise, 2008, 37 CLC (AD)
.... General, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Appellants. Not represented- the Respondent. Civil Appeal No. 290 of 2001. (From the Judgment and order dated 16th January, 1997 passed by the High Court Division in Writ Petition No. 1569 and 1999). ......n that such type of dispute has already been set at rest by this Division in the case of Bangladesh and others Vs. Mizanur Rahman reported in 52 DLR (AD) 149, which has superseded all the previous decisions in the matter on which the High Court Division relied. 6. We have heard Mrs. Naim..Category: Fiscal/Taxation Law | Date: | Hits: 75
Haji Safiuddin Ahmed Vs. The Administrator of Waqf and others, 2007, 36 CLC (AD)
....vocate-on-Record-For the Petitioner. Fakhrul Islam Advocate-on-Record-For the Respondent No. 2. Civil Petition for Leave to Appeal No. 751 of 2006. (From the Judgment and order dated 6th March, 2006 passed by the High Court Division in Writ Petition No. 6363 of 2003). ......r not having taken any recourse to such provisions invoked Writ Jurisdiction under Article 102 of the Constitution; which is not in accordance with law and accordingly discharged the Rule. The decision reported in 28 DLR 333 was overruled by a celebrated decision reported in 3 BLC (AD) 135 ..Category: Trust/Waqf Law | Date: | Hits: 173
M/s Six Star Corporation, Proprietor Haji Mozahar Sowdager Vs. Bangladesh, 2004, 33 CLC (AD)
.... Hafizullah, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-Respondent No. 1. Civil Petition for Leave to Appeal No.1143 of 2004. (From the Judgment and Order dated August 01. 2004 passed by the High Court Division in Admiralty Suit No. 13 of 2001) Ju......e do no find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 81. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 199
Bangladesh Cooperative Book Society Ltd. Vs. Mohammad Dastagirul Haq, 2008, 37 CLC (AD)
....un, Advocate-on-Record-Respondent No. 1. Zahirul Islam, Advocate-on-Record-Respondent No. 2. Criminal Petition for Leave to Appeal No. 543 of 2007. (From the judgment and order dated 08-11-2007 passed by the High Court Division in Criminal Miscellaneous Case No.11130 of 2007.......Code of Criminal Procedure. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 59 & 61 DLR (AD) (2009) 62. ..Category: Criminal Law | Date: | Hits: 32
Ziaul Huq alias Ziabul Haque Vs. State, 2007, 36 CLC (AD)
..... K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 246 of 2005. (From the judgment and order dated 9.11.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 939 of 1995.)......nd considered the connected materials on record. We are of the view that the High Court Division upon correct assessment of the materials on record and appreciation of law arrived at a correct decision and rightly discharged the rule. There is therefore no warrant in law to interfere with t..Category: Criminal Law | Date: | Hits: 34
State Vs. Kalam Talukder and others, 2007, 36 CLC (AD)
.... Safia Khatun, Advocate-on-Record-For the Respondents. Not represented-Respondent Nos. 3-50. Criminal Petition for Leave to Appeal No. 164 of 2005. (From the judgment and order dated 27-07-2004 passed by the High Court Division in Criminal Appeal No. 2711 of 1999 with Jail A......the submissions of the learned Deputy Attorney General has got no substance and accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 169. ..Category: Criminal Law | Date: | Hits: 38
Maksudun Nabi Joarder Vs. Md. Rafiq alias Abdur Rafiq Khan and others, 2008, 37 CLC (AD)
.... Not represented-Respondent Nos. 3-11. Civil Petition for Leave to Appeal No.1388 of 2007. And Civil Petition No. 454 of 2008. (From the judgment and order dated 12.2.2007 passed by the High Court Division in Civil Revision No. 3011 of 2005) and Civil Re...... not be debarred from executing the decree for an indefinite period. 7. We are of the view of 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: 18
Md. Nurul Hoque Sarker Vs. Janata Bank, Tan Bazar Branch, Narayangonj and other, 2008, 37 CLC (AD)
....Advocate-on-Record-For the Petitioner S.R. Khosnabish, Advocate-on-Record-For Respondent Nos.1. Civil Petition for Leave to Appeal No. 800 of 2007. (From the judgment and order dated 8.3.2007 passed by the High Court Division in Writ Petition No. 2020 of 1998). Judgmen...... reported in 46 DLR (AD) 174 similar principle has been laid down. 5. 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: Civil Law | Date: | Hits: 106
Elahi Mondal Vs. Juran Mondal and others, 2008, 37 CLC (AD)
.....K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2. Civil Petition for Leave to Appeal No. 697 of 2007. (From the judgment and order dated 25.1.2007 passed by the High Court Division in Civil Revision No.3380 of 2000) Judgmen......and and further the concurrent finding of facts should not be disturbed unless it is manifestly perverse and some are of the view that there being no illegality or infirmity in the above decision no interference is called for. The petition is dismissed. Ed. This Cas..Category: Property Law | Date: | Hits: 25
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