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Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....ur Rob Chowdhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record- For Respondent. Civil Petition for Leave to Appeal No. 1503 of 2004. (From the judgment and order dated September 20, 2004 of the Administrative Appellate Tribunal in Miscellaneous Case No. 17 of ......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) 128. ..Category: Administrative Law | Date: | Hits: 95
Md. Nazrul Islam and others Vs. Md. Renu Mia , 2006, 35 CLC (AD)
....n-Record-For the Petitioners. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 991 of 2004. (From the judgment and order dated 2.5.2004 passed by the High Court Division in Civil Revision No. 2424 of 1998). Judgme......defect of parties the suit was not maintainable; a decree for permanent injunction can not be passed in ejmali properties and the principles as laid down in the decisions, following which the High Court Division discharged the Rule, are not applicable in the ..Category: Property Law | Date: | Hits: 26
Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)
.... Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 359 of 2005. (From the judgment dated 14.1.2004 by the High Court Division passed in Civil Revision No. 675 of 1997). Judgment ......LC (AD) 115 it has been that a judgment, whether inter parties or not, may be conclusive evidence against all persons of its existence, date and legal effect as distinguished from the accuracy of the decision rendered and in the case Anil Kumar Sarkar and others vs. Sree Sree Kalimata Bigraha report..Category: Tenancy Law | Date: | Hits: 147
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....For the Appellant. Anwarul Azim Khair, Deputy Attorney General, instructed by Firoj Shah, Advocate-on-Record-For the Respondents. Civil Appeal No. 277 of 2002 (From the judgment and order dated 30.5.2001 passed by the Administrative Appellate Tribunal in Appeal No. 126 of 2000). Judg......nistrative Appellate Tribunal in Appeal No. 126 of 2000 dismissing the appeal preferred against those dated 12.10.2000 of the Administrative Tribunal in A.T. Case No.230 of 1994 thereby affirming the decision of the Administrative Tribunal declaring that being a work-charged employee in a project th..Category: Administrative Law | Date: | Hits: 136
Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
.... Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 418 of 2005. (From the judgment dated 6.7.2004 by the High Court Division in Civil Revision No. 2499 of 2003). Judgment ......n dismissed on this issue." 9. Accordingly we are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at the correct decision. The learned counsel could not point out any illegality or infirmity in the decision of th..Category: Employment/Service Law | Date: | Hits: 84
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....cate instructed by Aftab Hossain, Advocate-on-Record-For Respondent Nos. 1 -2. Not represented-Respondent Nos. 3-12. Civil Appeal No. 26 of 2001. (From the judgment and order dated 29.06.1997 passed by the High Court Division in Civil Revision No. 2368 of 1991). Judg......ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
.... (In Criminal Petition No. 239 of 2004) Not represented -Respondents (In all the cases) Criminal petition For Leave to Appeal Nos. 262, 237 & 239 of 2004. (From the judgment and order dated 17.5.2004 passed by the High Court Division in Criminal Miscellaneous Case Nos. 7253 of 2000, ......offence or not. 7. We are of the view that the High Court Division on proper consideration of the principle of law laid down by this Division and also the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of th..Category: Anti-Corruption Laws | Date: | Hits: 152
Bangladesh Vs. Md. Yakub Mia and another, 2005, 34 CLC (AD)
.... Bhuiyan, Senior Advocate, instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No.73 of 2003. (From the judgment and order dated 23.11.1999 passed by the High Court Division in Writ Petition No. 2060 of 1993). Judgment ......e building and was never dispossessed from the building and still is in possession of the same on mutating his name in the Government Khatian and has been paying municipal taxes, gas bills and so the decision of the High Court Division does not call for any interference. 6. The High Court Divisi..Category: Property Law | Date: | Hits: 28
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
.... Islam, Senior Advocate, instructed by Nawab Ali, Advocate-on-Record-For the Appellants. Not represented-the Respondents. Civil Appeal No. 84 of 1997. (From the judgment dated February 26, 1997 of the High Court Division in First Appeal No. 206 of 1996). Judgmen......Court Division without disposing of the appeal on merit was correct in sending the suit back on remand. It may be mentioned the High Court Division did not at all adverted to the finding and decision made by the trial Court while making the observation that the said Court was unaware of th..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....nt No. 3. Abdur Razzak Khan, Additional Attorney General-Amicus Curiea. Not represented- Respondents Nos.1-2. Civil Appeal No. 08 of 2001 (From the judgment and order dated 18th November 1998 passed by the High Court Division in Writ Petition No. 3501 of 1997). ......punished for the same offence more than once. The learned Advocate-on-Record has further submitted that the High Court Division on misconception of fact of the instant case has failed to apply the decision in the case reported in 19 DLR 255, contrary to the principle of autrofois acquit i.e. as..Category: Constitutional Law | Date: | Hits: 109
Muhammad Ismail Vs. Md. Rafiqul Islam and others, 2007, 36 CLC (AD)
....nvolved: Md. Nurul Islam Bhuiyan, Advocate-on-record-For the Appellant. Aftab Hossain, Advocate-on-record-For the Respondents. Criminal Appeal No. 11 of 2001. (From the judgment and order dated 19.4.2000 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case......roceed with the case after the examination of the complainant". 16. Almost same view was taken in the case of Siddique Ahmed and others Vs. The State, 37 DLR 223, where it was held that "after the decision of the Privy Council in the case of Abdul Rahman, 31 C.W.N. 271, section 537 of the Code of..Category: Criminal Law | Date: | Hits: 105
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....azzaque Khan, Additional Attorney General, instructed by Nawab Ali, Advocate-on-Record - For Respondent No.2 (In both the Appeals) Civil Appeal Nos. 129-130 of 2001 (From the Judgment and order dated 23rd July, 2000 passed by the High Court Division in Writ Petition Nos. 3002 and 3029 of 1999)......Survey No. 763 was prepared covering the period 1969-89. 6. In Writ Petition No. 3029 of 1999 the respondent No.1 on 11.5.2000 filed another affidavit in opposition stating that according to the decision Dhaka Municipal vested Properties Allotment Committee, notice for surrendering possession w..Category: Property Law | Date: | Hits: 40
Md. Kabir Hossain and others Vs. State, 2008, 37 CLC (AD)
....ah, Advocate-For the Petitioners (In both the cases) Not Represented- For the Respondent (In both the cases). Jail Petition Nos. 4 & 6 of 2007. (From the judgment and order dated 29th and 30th March, 2005 passed by the High Court Division in the Death Reference No. 28 of......ected papers including the impugned judgment and order of the High Court Division. The High Court Division upon correct assessment of the evidence and materials on record arrived at a correct decision and committed no error in accepting the reference and dismissing the appeal. There is..Category: Criminal Law | Date: | Hits: 25
Ekramul Hossain @ Anis and others Vs. State, 2008, 37 CLC (AD)
....d to be tried. 6. All the convicted accused persons were not present on dock at the time of framing charge on 17.03.2002 but some of the accused persons who were not present in Court on that date were subsequently charged on 18.05.2002 and 09.04.2002 and they also pleaded to be innocent a......d no reason to interfere with the judgment of the High Court Division and accordingly these jail petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 624. ..Category: Criminal Law | Date: | Hits: 33
Shamsur Nessa and another Vs. Md. Shajahan Ali and others, 2002, 31 CLC (AD)
....he Appellants. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not Represented-Respondent Nos. 2 and 4. Civil Appeal No.112 of 1997 (From the judgment and order dated 28th June, 1994 passed by the High Court Division in Civil Revision No.184 of 1987(Dhaka), C......record and considered both oral and documentary evidence in their proper perspective. Having regard to the facts and circumstances of the case, we are fully in agreement with the findings and decisions of the High Court Division and we hold that the High Court Division committed no illegali..Category: Property Law | Date: | Hits: 21
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
.... Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No. 1. Not Represented- Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 116 of 2006 (From the judgment and order dated 17.8.2005 passed by the High Court Division in Writ Petition No. 4453 of 2000.) Judgment ......heard the learned Advocate for the petitioner and perused the connected papers. We are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision and rightly made the rule absolute by setting aside the order of the Land Appeal Board. The..Category: Property Law | Date: | Hits: 31
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
....rul Islam, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-23. Civil Petition for Leave to Appeal No. 1472 of 2005. (From the judgment and order dated 24th April, 2005 passed by the High Court Division in Civil Revision No. 6082 of 2001 with C......in Title Execution Case No.96 of 1985 it will appear that the title of the petitioners have not been extinguished in the suit land. 5. As it appears the High Court Division in its decision, after discussing the very points raised now by the petitioners held that the Trial..Category: Property Law | Date: | Hits: 24
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
.... 68. Lawyers Involved: Md. Waliul Islam, Advocate-on-Record-For the Appellant Ex-parte-the Respondents. Civil Appeal No. 197 of 2003. (From the judgment and order dated 08.06.2002 passed by the High Court Division in Civil Order No.4005 of 2002.) Judgment......ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh Vs. Md. Shahin Reza, 2007, 36 CLC (AD)
...., Advocate-on-record-For the Petitioners. Sufia Khatun, Advocate-on-record-For the Respondent. Civil Petition for Leave to Appeal No. 1278 of 2005 (From the Judgment and Order dated July 10, 2005 passed by the Administrative Appellate Tribunal in Appeal No. 214 of 2005). ......ind no reason to interfere with the order of the Administrative Appellate Tribunal. Accordingly, petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 592. ..Category: Administrative Law | Date: | Hits: 102
N A Choudhury Vs. Controller of Insurance & Ors, 2005, 34 CLC (AD)
....ers Involved: Md. Nawab Ali, Advocate-on-Record-For the Appellant. Shamsul Haque Siddique, Advocate-on-Record-For the Respondents. Civil Appeal No. 89 of 1999 (From the judgment and order dated 05.02.1998 passed by the High Court Division in Writ Petition No.2677 of 1995.) Judgment ......ndents' action in denying the permission for doing insurance business in favour of the appellant cannot be found fault with. The High Court Division under the facts and circumstances took correct decision in discharging the rule. 13. Before we part with we, however, like to observe that the..Category: Business or Commercial Law | Date: | Hits: 81
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