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Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)
...., Advocate-on-Record—For the Petitioners. Abu Siddique, Advocate-on-Record— For the Respondent. Civil Review Petition No. 88 of 2005. (From the judgment and order dated 25th June, 2005 passed by this Division in Civil Petition for Leave to Appeal No. 329 of 200......the order of status quo passed by the trial Court and thereby passed an order of eviction of the plaintiffs from the suit property including the suit market. The trial Court also took notice of few decisions reported in 47 DLR (AD) 6, 20 DLR 501, 35DLR (AD) 42 and followed the proposition of law..Category: Property Law | Date: | Hits: 25
Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)
.... Zahangir, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 880 of 2003. (From the Judgment and Order dated March 16,2003 passed by the High Court Division in Writ Petition No. 2331 of 1994). J...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..Category: Property Law | Date: | Hits: 21
Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)
....Abedin, Advocate-on-Record— For the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 8-2-2006 passed by the High Court Division in Civil Revision No.1701 of 2005). Judgmen......isional application before the District Judge against the order passed by the Joint District Judge in a suit the valuation of which is Taka 3,77,61,225 and the said Bench in view of the conflicting decisions given by other Benches referred the matter to the learned Chief Justice to constitute a ..Category: Civil Law | Date: | Hits: 77
Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)
....H. Khan, Senior Advocate, instructed by A.K.M Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 992 of 2006. (From the judgment and order dated 25.06.2006 passed by the High Court Division in Civil Revision No. 4554 of 2004). Judg....../93 at present Suit No. 215/03 stating that the suit property is a debotter which is not alienable transferable according to Hindu Law and came to a wrong conclusion and committed illegally in the decision; that the suit property is a debotter property and many people come there for Puja Archana..Category: Civil Law | Date: | Hits: 100
Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)
.... Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 1127 of 2005. (From the judgment and order dated 17.7.2005 of the High Court Division passed in Writ Petition No. 4795 of 2005). Judgme......, it Ms been held that the writ petition filed a Government servant challenging his order of transfer is not maintainable. We are of the view that there is no illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dism..Category: Employment/Service Law | Date: | Hits: 73
Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)
....Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1- 4, 6-7 & 9. Not represented-Respondent Nos. 5, 8, 10-12. Civil Appeal No. 20 of 2000 (From the judgment and order dated March 27, 1997 by the High Court Division in Civil Revision No. 7646 of 1991). Judgmen......nt acquired the same under section 20(2) of the S.A. & T. Act and since then it has been possessing through its lessees". The appellate Court after making the aforesaid finding and decision considered the case of the plaintiffs and observed "So the story of pattan found to h..Category: Property Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)
.... Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 100 of 2000 Judgment Md. Ruhul Amin, J. - The appeal, by leave, is against the judgment of the High Court Division dated May 19, 1998 in Writ Petition No.690 of 1987. The Writ Petition was filed challenging the noti......o provided in the said section is quite elaborate and finally notice for the acquisition is published under section 5(7) of the Act and this publication of the Gazette Notification reflects the final decision of the acquisitioning authority. In the instant case as mentioned earlier the Government de..Category: Property Law | Date: | Hits: 31
Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)
....p; Mohammad Fazlul Karim J.- The petitioners seek leave to appeal against the judgment and order dated 24.01.2004 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Ca...... Court of Sessions. This is not permissible in law. This not being a judicial proceeding pending after cognizance by a competent Magistrate this Court cannot quash such inquiry proceeding. In a decision in the case of Syed Mahammad Hashem alias Hashim Vs. State reported in 48 DLR (AD) 1996) ..Category: Criminal Law | Date: | Hits: 35
Mojibur Rahman alias Babu Vs. Deputy Commissioner and Ors., 2005, 34 CLC (AD)
....Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 1408 of 2003. (From the judgment and order dated 16.06.2003 in Writ Petition No. 2067 of 2002 by the Division Bench of the High Court Divisio......ibunal or his release on bail, the accused person absconds or fails to appear before it, the procedure as laid down in subsection (6) shall not apply and the Tribunal shall, after recording its decision so to do, try such person in his absence. . . . . . ..Category: Criminal Law | Date: | Hits: 24
Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)
....ral, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1650 of 2003 (From the judgment dated May 5, 2003 of the High Court Division in Writ Petition No. 3961 of 2002). Judgment ......the High Court Division that there was an inquiry by the Government as regard the petitioner's owning and possessing property said to be disproportionate to his known sources of income and finally decision was made that notice need not be served on the writ-petitioner as per provision of section..Category: Criminal Law | Date: | Hits: 29
Adamjee Sons Ltd. Vs. Jiban Bima Corporation, 2005, 34 CLC (AD)
....on of the learned Advocate-on-record for the petitioner that he had no instruction to proceed with the petition for leave to appeal. The petition for leave to appeal was filed against the judgment dated August 3, 1992 in First Miscellaneous Appeal No.75 of 1983 dismissing the same. The First Mis......os.115-120 of Motijheel Commercial Area between the petitioner and the Jiban Bima Corporation and over that suits were filed by both the parties. In the afore state of the matter the authority took decision to get the dispute between the petitioner and the Respondent resolved by a sole Arbitrator..Category: Procedural Law | Date: | Hits: 71
Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)
.... Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented - the Respondents. Civil Petition for Leave to Appeal No. 9 of 2004. (From the judgment dated May 21, 2003 passed by the High Court Division in Civil Revision No. 10155 of 1991 (Dhaka)/C......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ..Category: Property Law | Date: | Hits: 21
Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....Syed Mahbubar Rahman, Advocate on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 309 of 2005 (From the judgment and order dated 27.2.2005 passed by the High Court Division in Writ Petition No. 1055 of 2005). Judgme......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ..Category: Civil Law | Date: | Hits: 91
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
.... Zainul Abedin, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1422 of 2006 (From the Judgment and order dated 14.12.2005 passed by the High Court Division in Writ Petition No. 6093 of 2004). Judgm......e petitioner nor the petitioner was convicted in any criminal offence involving, moral turpitude. He added that the Authority with a malafide intention and without following the laws has taken its decision against the petitioner and the Authority did not apply their mind at the time of issuance ..Category: Others | Date: | Hits: 91
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....ursheed Jahan, Advocate-on-Record-For Respondent Nos. 1-4. Not represented-Respondent Nos. 5-55. Civil Petition for Leave to Appeal No.102 of 2006 (From the judgment and order dated 16.11.2005 passed by the High Court Division in Civil Revision No. 393 of 1993). Judgm......e Rule discharged the same. 8. 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 petit..Category: Property Law | Date: | Hits: 19
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....mmad Fazlul Karim J. - Government of Bangladesh represented by the Secretary, Ministry of Establishment and others are the appellants in this appeal by leave against the impugned judgment and order dated 3rd December 2001 passed in Writ Petition No. 961 of 2001 making the rule absolute declaring ......de regarding the vires of Government Servant (Discipline and Appeal) Rules, 1985 as pleaded in the case, the High Court Division acted without jurisdiction in deciding the case disregarding the decision in the case of Mujibur Rahman reported in 44 DLR (AD) 111 clearly spelling out the jurisd..Category: Employment/Service Law | Date: | Hits: 62
Habiganj Pally Bidhut Samity Vs. Syed Tafazzul Islam & Ors., 2007, 36 CLC (AD)
....l Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not Represented- Respondent Nos. 2-8. Civil Petition For leave to Appeal No.1740 of 2006. (From the judgment and order dated 31.8.2006 passed by a Division Bench of the High Court Division in Writ Petition No.751-5 of......-Record. In the facts and circumstances of the case, 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 in the matter. The petitioner was not liable to be removed unceremoniously. There is there..Category: Election Law | Date: | Hits: 84
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
.... Majumder, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on Record-For Respondent No. 5. Civil Petition For leave to Appeal No. 485 of 2005 (From the judgment and order dated 28th March, 2005 passed in Writ Petition No. 1823 of 2005 by the High Court Division). ......eciate the evidences and circumstances which are described by the parties in the cases in conflicting manners and then to pronounce judgments in both the cases on the same date to avoid conflicting decisions to the prejudice of one party or the other. In such view of the matter, the High Court D..Category: Criminal Law | Date: | Hits: 31
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....s Involved: A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition For leave to Appeal No. 106 of 2004 (From the judgment and order dated 23.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 873 of 2001). ......it is stated in section 195(2) that the term "Court" used in this section includes a Civil Court, Revenue Court or Criminal Court, the interpretation of the meaning of such Court by the subsequent decision of the High Court Division and as well as Appellate Division do not recognise Revenue Offi..Category: Anti-Corruption Laws | Date: | Hits: 88
State Vs. Chowdhury Nesarul Haque, 2005, 34 CLC (AD)
....rd-For the Appellant. Abdul Malek, Senior Advocate, instructed by Azra Ali, Advocate-on-Record- For the Respondent. Criminal Appeal No.16 of 1999. (From the judgment and order dated 2.11.1994 passed by the High Court Division in Criminal Appeal No. 1859 of 1991). Ju......cause of the above the victim committed suicide. 8. Accordingly we are of the view that the High Court Division considering the evidence on record and the circumstances arrived at a correct decision in holding that the respondent is entitled to benefit of doubt as the prosecution failed t..Category: Criminal Law | Date: | Hits: 48
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