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Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)

.... Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 940 of 2005. (From the judgment and order dated 5th April, 2005 passed by the High Court Division in Civil Rule No. 155 (con) of 2004). ......cation along with Civil Revision No. 2648 of 1997. 6. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the..

Category: Procedural Law | Date: | Hits: 68

Md. Iftekher Uddin Bhuiyan Vs. Ranjit Kumar Saha & another, 2007, 36 CLC (AD)

....d Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 412 of 2007. (From the judgment and order dated 03.08.2006 passed by the High Court Division in Civil Revision No.5101 of 2000.) Judg......n the exchange deed was made. 9. 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. Accordingly, the petition is dismissed. Ed. This Case is also Repor..

Category: Property Law | Date: | Hits: 19

Mosammat Namiran Nessa Vs. Aftaruddin & oth­ers, 2007, 36 CLC (AD)

.... Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-22. Civil Petition for Leave to Appeal No. 356 of 2006. (From the judgment and order dated 16.08.2005 passed by the High Court Division in Civil Revision No. 3175 of 2002.) Ju......defendant. The deed was duly registered at the Hatibanda Sub-Registry Office. The fur­ther case is that Baje Mahmud demanded the share of Namiran whereupon a salish was locally held. As per the decision of that salish the defendant No.1 transferred 50 decimals of land by kabala dated 22.04.1..

Category: Property Law | Date: | Hits: 23

Mosammat Ashrafee Begum and others Vs. Md. Siddiqur Rahman Patwari and others, 2007, 36 CLC (AD)

....on-Record-For Respondent Nos. 1, 2, 9-12. Not represented- Respondent Nos. 3-8 & 13-17. Civil Petition for Leave to Appeal No. 1685 of 2003. (From the Judgment and Order dated June 29, 2003 passed by the High Court Division in Civil Revision No. 46 of 2000) Jud......ind, the judgment ought have but the result arrived at call for no interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 659. ..

Category: Property Law | Date: | Hits: 20

Government of Bangladesh and others Vs. Md. Amdadul Huq, 2007, 36 CLC (AD)

.... Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1211 of 2005. (From the judgment and order dated 24th July, 2005 passed by the Administrative Appellate Tribunal in Appeal No. 14 of 2005). ......the Administrative Tribunal Act dismissed the appeal on the ground of limitation. Section 6(2) provides that appeal may be preferred within 3 (three) months from the date of making of the order or decision given by the Administrative Tribunal and 6(2A) thereof provides that delay may be condoned..

Category: Administrative Law | Date: | Hits: 97

MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)

.... Mohammad Ali, Senior Advocate, instructed by Md. Abu Siddique Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1503 of 2007. (From the judgment and order dated 22.5.2007 passed by the High Court Division in Civil Revision No. 1743 of 2006.) Judg......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. We therefore find no reason to interfere with the same. The petition is accordingly..

Category: Employment/Service Law | Date: | Hits: 61

Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)

....sain, Advocate-on-Record-For the Respondent No. 4. Not represented-Respondent Nos. 1-3 and 5-6. Civil Petition for Leave to Appeal No. 799 of 2007. (From the Judgment and Order dated June 4, 2007 passed by the High Court Division in Writ Petition No. 7890 of 2006). Ju......ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ..

Category: Others | Date: | Hits: 92

Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)

....ahbubur Rahman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-54. Civil Petition for Leave to Appeal No. 873 of 2005. (From the judgment and order dated 15.03.2005 passed by the High Court Division in Civil Revision No.1364 of 2002.) Judgm......ew of the discussions made above and in the facts and circumstances of the case, we are of view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petiti..

Category: Property Law | Date: | Hits: 26

Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)

....handra Biswas, Advocate-on-Record-For Respondent Nos. 1-2 Not represented-Respondent Nos. 3-82. Civil Petition for Leave to Appeal No. 164 of 2006. (From the judgment and order dated the 6th day of December, 2005 passed by the High Court Division in Civil Revision No. 2638 o...... and also contiguous to pre-emptors' land. The Court of appeal below specifically found that the pre emptor is a contiguous land holder of the disputed jote. The Court of appeal below relied upon a decision in the case of Haji Tajamal Ali-vs-Abdus Sattar and another reported in 2 BCR (AD) 317 whe..

Category: Property Law | Date: | Hits: 21

Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)

....Appellant. A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-5. Civil Appeal No.108 of 1999. (From the Judgment and Order dated February 1, 1999 passed by the High Court  Division in Civil Revision No. 1182 of 1997)......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ..

Category: Civil Law | Date: | Hits: 107

Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)

.... Md. Waliul Islam, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 872 of 2005. (From the Judgment and Order dated April 19, 2005 passed by the High Court Division in Civil Revision No. 1910 of 2003). ......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ..

Category: Property Law | Date: | Hits: 30

Bangladesh Bank and another Vs. Administrative Appell­ate Tribunal, 1991, 20 CLC (AD)

....209; Respondent Nos. 1-2 & 4‑5. (In Civil Petition No. 308 of 1991). Civil Petition for Leave to Appeal Nos. 291 & 308 of 1991. (From the judgment and order dated 5th June, 1989 passed by the Administrative Appellate Tribunal in Appeal No. 38 of 1988 setti......learned Attorney‑General that the matter was under consideration of the Government whether the Appellate Division be invested with jurisdiction to have the last say in matters arising out of decisions of the Administrative Appellate Tribunals. The petitioners' two certificated appeals CA N..

Category: Administrative Law | Date: | Hits: 180

Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)

.... the Appellants. Syed Mahbubur Rahman, Advocate-on-Record— For Respondent Nos. 1-5. Not represented—For Respondent Nos. 6-57. Civil Appeal No. 2 of 2002. (From the Judgment and Order dated December 2, 1997 passed by the High Court Division in Civil Revision No. 3504 of 1991). Jud......e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702...

Category: Limitation Law | Date: | Hits: 171

Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)

..... Rokanuddin Mahmud, Senior Advocate, (with AKM Faiz, Advocate) instructed by Md Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No.126 of 2000. (From the judgment and order dated 14th June, 2000 passed by this Division in civil petition for leave to Appeal No. 1243 of 1998......vision of Article 49 of our Constitution is similar to the provision of Article 72 of the Indian Constitution. To have a support to our above finding in the negative form we may profitably refer to a decision of the Supreme Court of India in the case of Kuljt Singh alias Ranga vs. Lt. Governor of De..

Category: Criminal Law | Date: | Hits: 37

Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)

....d, Senior Advocate, instructed by SR Khoshnabish, Advocate-on-Record— For Respondent No. 2. Not represented—Respondent No. 1. Civil Appeal No. 16 of 2003. (From the judgment and order dated 31-8-1997 passed by the High Court Division in Writ Petition No. 1804 of 1994). Judgment ......e writ petition challenging the order passed by the petitioners refusing to release the excess and unutilised land measuring 54 decimals acquired in LA Case No. 83 of 1960-1961 in compliance with the decision of the authority contained in Memo dated 28-6-1990 (Annexure A) to the writ petition statin..

Category: Property Law | Date: | Hits: 32

Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)

....e Appellants. Golam Mohiuddin, Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2000. (From the Judgment and Order dated July 19, 1992 passed by the High Court Division in Writ Petition No. 336 of 1987). Ju......nt for sale. Undoubtedly, the Court of Settlement was within its jurisdiction in directing the respondent to produce the agreement and the lease deed before the said Court for the purpose of making decision on the question as to whether at the relevant time whereabouts of Mr SM Hasan were known ..

Category: Property Law | Date: | Hits: 32

Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)

.... the Petitions). Not represented — Respondent Nos. 3-6 (In both the Petitions). Civil Petition for Leave to Appeal Nos. 606 and 614 of 1997. (From the judgment and order dated 24 February 1997 passed by the High Court Division in Writ Petition No. 2822 of 1996). ......was violative of the principles of natural justice as no show cause notice was issued to them prior to the cancellation; that the Controller of Imports and Exports had not exercised his independent decision but had acted upon the direction of the Government and that the Controller of Imports and ..

Category: Business or Commercial Law | Date: | Hits: 89

Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)

....r the Appellant. Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 228 of 2004. (From the Judgment and order date 7-7-2003 passed by the High Court Division in First Appeal No. 456 of 2000). Judgment Am......, as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 41

Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

....rd—Appellants. Sultan Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 68 of 2004. (From the judgment and order dated 12th November, 2002 passed by the High Court Division in Civil Revision No. 2468 of 2001) ...... is mentioned about the incorporation of Exhibits 1-1(1) series yet non-incorporation of the same by the appellants in the paper book has become misleading, erroneous and incomplete, affecting the decision seriously to the prejudice respondent. The learned Counsel further submitted that the reas..

Category: Property Law | Date: | Hits: 25

Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)

...., QC instructed by Md Aftab Hossain, Advocate-on-Record — For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal 1614 of 2002. (From the judgment and order dated July 24, 2002 passed by the High Court Division in Writ Petition No. 529 of 2002.) Judgment......nce of an FIR. The learned Counsel continued that the High Court Division erred in law in failing to distinguish the instant case from the case reported in 51 DLR 72, inasmuch as in the said reported decision the matter was referred to the District Anti-Corruption Officer concerned by the Metropolit..

Category: Anti-Corruption Laws | Date: | Hits: 113