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Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....sion of the General Clause Act. It has been held in the case of University of Dhaka through its Vice-Chancellor and the Registrar of University of Dhaka Vs. Zakir Ahmed 16 DLR SC 722, propounding the principle of natural justice “audi alteram partem” that before a person is punished an opportuni......d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......V. Secretary of State for Home Department, Ex p. Hosenball, (1977) 1 WLR 766; Re-amendment of the Constitution of Canada (1981) 123 DLR (3rd)1; Hefzur Rahman Vs. Shamsun Rahar Begum 51 DLR(AD)172. Lawyers Involved: Mahbubey Alam, Attorney General with Enayetur Rahim, Additional Attorney Genera..Category: Constitutional Law | Date: | Hits: 251
M/S. Classic Fashion Limited Vs. Mrs. Asrafunnessa Dana and another, 2009, 38 CLC (AD)
....appearing for the petitioner submitted that the High Court Division committed an error in holding that the suit is not barred by limitation in view of continuous default in payment of rent and the principle set out in Section 23 of Limitation Act and that fresh period of limitation begins to run...... 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: ......ahman J M/S. Classic Fashion Limited.….....Petitioner Vs. Mrs. Asrafunnessa Dana and another……....Respondents Judgment March 15, 2009. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Mr. Md. Nawab Ali, Adv..Category: Civil Law | Date: | Hits: 110
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... Joynul Abedin J Md. Yakub Ali…………….Petitioner Vs. Nazir Ahmed and others.......Respondents Judgment January 18, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not repres..Category: Property Law | Date: | Hits: 29
Md. Sadequl Alam Vs. Md. Mofizul Haque (Jalal) and others, 2009, 38 CLC (AD)
....e; that the High Court Division failed to discuss oral evidence of P.W.'s with reference to documentary evidence of the parties causing thereby failure of justice. 5. It is now established principle that a party cannot be taken by surprise introducing a new fact or document during trial ...... of the above, we find no substance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Sadequl Alam……………..Petitioner Vs. Md. Mofizul Haque (Jalal) and others……..Respondents Judgement January 7, 2009. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represe..Category: Property Law | Date: | Hits: 27
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ...... The Government of the People’s Republic of Bangladesh represented by Secretary Ministry of Land and other. ……..Respondents Judgement February 27, 2007. Lawyers Involved: Mohammad Ozair Farooq, Senior Advocate, instructed by Mr.Mohammad Nawab A..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... 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: ...... 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: ......ip;…………………...Petitioner. Vs. Rustom Khan and others………...Respondents. Judgement July 1, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not ..Category: Property Law | Date: | Hits: 51
Special Reference No.1 of 2009, 38 CLC (AD)
....e offences committed by them after thorough and proper investigation. In this context he submits that neither the amendment of BDR Order nor any new legislation in this connection could be hit by the principle of ex-post facto legislation because of the constitutional immunity provided in this regar......shall a heavier penalty be imposed than the one that was applicable at the time that penal was offence was committed. Both the aforesaid Counsels referred to similar provision in Article 15(1) of the International Covenant on Civil and Political Rights and in view of Article 25 of our Constitution B...... the President should be binding on all courts in the country including the High Court Division except the Appellate 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..Category: Constitutional Law | Date: | Hits: 289
Janab Ali (Md.) and another Vs. Salema Khatun and others, 2009, 38 CLC (AD)
.... 2. Is the case filed within limitation? 3. Is the plaintiff a co-sharer in the case jote? 4. Is the case bad for defect of parties? 5. Is the case barred by the principle of estoppel, waiver and acquiescence? 6. Did the pre-emptee pay Taka 16,000 as......03. Thus, we do not find any merit in the application. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 122. ...... Vs. Salema Khatun and others...........................Respondents Judgment May 24, 2009. Cases Referred To- 28 DLR (AD) 5; 20 DLR 80; 33 DLR (AD) 113. Lawyers Involved: Abu Bakkar Siddique, Advocate (Appeared with leave of the Court) instructe..Category: Property Law | Date: | Hits: 38
State Vs. Lal Miah@ Abdul Bari, 2009, 38 CLC (AD)
.... He lastly submits that the reasonings given by the High Court Division for discard the confessional statement of Raju connecting the other appellants in committing the crime is not based on sound principles of law recognized by criminal jurisprudence, the High Court Division thus erred in law a......iew of the matter, we find no cogent ground for our interference. Accordingly, all the petitions for leave to appeal are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 706. ......(In Criminal Petition No. 272 of 2007) Raju and another…………….Respondent (In Criminal Petition No. 273 of 2007) Judgment March 12, 2009. Lawyers Involved: Akram Hossain Chowdhury, Deputy Attorney General, instructed by B. Hossain..Category: Criminal Law | Date: | Hits: 53
Saleh Ahmed and others Vs. Amena Bewa and others, 2008, 37 CLC (AD)
....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. ......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. ......;…………......Petitioners Vs. Amena Bewa and others…………….........Respondents Judgment January 28, 2008. Lawyers Involved: Fazlul Karim, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Rec..Category: Civil Law | Date: | Hits: 94
Bashudev Ghosh & ors Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah & ors, 2009, 38 CLC (AD)
.... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ...... petitions being Civil Petition for leave to Appeal No. 878 of 2008 and civil petition for leave to Appeal No. 879 of 2008 are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 680. ......................... Petitioners (In both the cases) Vs. Iswar Sree Sree Bashudev Shalgram Shola Jew Bigrah and others…........Respondents (In both the cases) Judgment May 31, 2009. Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record..Category: Tenancy Law | Date: | Hits: 145
Sonali Bank Vs. Artha Rin Adalat, Narayangonj and others, 2009, 38 CLC (AD)
....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.......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.......nur Rahman J Sonali Bank, Shilpa Bhaban Corporate Branch, Dhaka……..Petitioner Vs. Artha Rin Adalat, Narayangonj and others……........Respondents Judgment April 12, 2009. Lawyers Involved: M. A. Sobhan, Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For..Category: Banking Law | Date: | Hits: 373
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......;…………………….Petitioner Vs. Shusen Kumar Mondal and others…........Respondents Judgment June 4, 2009. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. A.J. ..Category: Property Law | Date: | Hits: 54
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....n except in certain well defined circumstances, 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......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......ellip;…………………..Petitioner Vs. Abdul Malek Mollah and others ...............Respondents Judgment February 5, 2009. Lawyers Involved: Abdul Halim Chaklader, Senior Advocate-instructed by Md. Nawab Ali, Advoca..Category: Property Law | Date: | Hits: 25
Md. Layek Khan and another Vs. Abdul Latif, 2009, 38 CLC (AD)
....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. ......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. ......nd another..................................Petitioners Vs. Abdul Latif being dead his heirs: Rajia Begum and others.....Respondents Judgment April 12, 2009. Lawyers Involved: A. K. M. Shahidul Hug, Advocate-on-Record-For the Petitioners. Md. ..Category: Property Law | Date: | Hits: 57
Bangladesh Vs. Mariam Begum and others, 2009, 38 CLC (AD)
.... Petitioner Nos. 1-3, 6 and 8 contested the suit and filed there sets of written statements and their common case is that the suit is barred by the provision of section 42 of the Specific Relief Act, principle of limitation and estoppel. 3. The defendant petitioner Nos. 1-3 in their written state......no illegality or infirmity in the above Decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 661, 63 DLR (AD) (2011) 122.......torate Building, Police Station Kotwali, Dist. Dhaka...........................Petitioner Vs. Mariam Begum and others……………………....Respondents Judgment February 4, 2009. Lawyers Involved: Mrs. Nahid Yesmin, Deputy Attorney General, instructed by B. Hossain, Advocate ..Category: Property Law | Date: | Hits: 25
Md. Badaruddin Howlader Vs. Kazi A. K. M. Sajahan and others, 2009, 38 CLC (AD)
.... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ...... accordance with law. There is no merit in the leave petition. 9. Accordingly, the petition for leave to appeal is dismissed Ed. This Case is also Reported in: VI ADC (2009) 657. ......hellip;………….Petitioner Vs. Kazi A. K. M. Sajahan and others……………Respondents Judgment June 23, 2009. Lawyers Involved: A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, ad..Category: Criminal Law | Date: | Hits: 62
Rajdhani Unnayan Kartipakkya (RAJUK) Vs. Jahan Ara Begum and others, 2008, 37 CLC (AD)
..../payment of compensation of the property acquired under the provision repealed Act. 17. Upon the given facts in the instant case, the High Court Division has misconceived the principle of legitimate expectation of giving an alternative plot which the law under consideration......le disposed of with directions therein are, hereby, set aside. Accordingly, the appeals are allowed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 145; VI ADC (2009) 649. ...........................Respondent (In Civil Appeal No. 120 of 2004) Md. Rashidul Hasan...............Respondent (In Civil Appeal No.121 of 2004) Judgment August 11, 2008. Lawyers Involved: T.H. Khan, Senior Advocate, instructed by Walilul Islam, Advocate-on-Recor..Category: Property Law | Date: | Hits: 41
HRC Shipping Ltd. Vs. MV Lady Fatima and others, 2009, 38 CLC (AD)
.... 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. ...... 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. ......bsp; HRC Shipping Ltd.....................................Petitioner Vs. MV Lady Fatima and others....................Respondents Judgment March 9, 2009. Lawyers Involved: AJ Mohammad Ali, Senior Advocate with Syed Mahmudul Ahsan, instructed by A..Category: Admiralty Law or Maritime Law | Date: | Hits: 513
State Vs. Anowar Hossain Pinto alias Anowar Hossain & another, 2009, 38 CLC (AD)
....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. ......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. ...... Md. Abdul Aziz J State.............................................Appellant Vs. Anowar Hossain Pinto alias Anowar Hossain & another…....Respondents Judgment June 4, 2009. Lawyers Involved: A.S.M Abdul Mobin, Deputy Attorney-General instructed by Mvi. Md. Wahidullah, A..Category: Criminal Law | Date: | Hits: 53
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