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Md. Baki Vs. Md. Fazlul Haque and others, 2007, 36 CLC (AD)
....ufia Khatun, Advocate-on-Record-For Respondent Nos. 1-2. Not represent- Respondents Nos. 3-6. Civil Petition for Leave to Appeal No. 1678 of 2005. (From the judgment and order dated 15th me, 2005 passed by the High Court Division in Civil Revision No. 5028 of 2008). J...... constructed boundary wall which was not objected by the plaintiff and as such the direction of the High Court Division for giving passage is beyond pleading and as such committed illegality in the decision and it merits consideration to dispose of the matter. Learned Advocate lastly ..Category: Property Law | Date: | Hits: 22
Sec, Min. of Energy & Mineral Resource, Govt. of BD Vs. Q.C. Petroleum Ltd. & ors, 2007, 36 CLC (AD)
.... Civil Appeal No.125 of 2000 (From the judgment and order dated 1.3.1994 passed by the High Court Division in Writ Petition No.279 of 1994). Judgment&...... with the concerned authority for importation of the consignment in question. We have carefully considered the impugned judgment and have noted that the High Court Division has arrived at a correct decision on a sound principle of law relating to interpretation of statute that section 4 read wit..Category: Business or Commercial Law | Date: | Hits: 94
Sunil Kumar Das Vs. Deputy Registrar of Trade Marks, 2008, 37 CLC (AD)
....r Advocate instructed by A.K.M. Shahidul Haq, Advocate on Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 341 of 2007. (From the judgment dated 15.02.2007 passed by the High Court Division in Trade Mark Appeal No. 21 of 2003). Judgment......ng evidence and hearing both the parties allowed the opposition case' and refused registration of the trade mark "CANNON" on the said application by order dated 10.10.1993. Against the said order and decision of the Registrar the appellant preferred an appeal in the High Court Division being Trade M..Category: Intellectual Property Law | Date: | Hits: 196
Dr. Mohammad Sarwar Ramiz & others Vs. Dr. Shyam Sundar Kundu (FCPS) & others, 2007, 36 CLC (AD)
....ppeal No. 209 of 2005). Not represented- Respondent Nos. 3-14 (In Civil Appeal No. 210 of 2005) Civil Appeal Nos. 209 & 210 of 2005 (From the judgment and order dated 28.03.2005 passed by the High Court Division in Writ Petition No. 1735 of 2004.) Judg......Court Division sat as an appellate authority over the opinion formed by the PSC and so acted in excess of jurisdiction and committed illegality in so sitting as an appellate body, inasmuch as the decision making process only is justifiable on count of unreasonableness, irrationality and n..Category: Employment/Service Law | Date: | Hits: 100
Delwar Hossain Vs. State, 2007, 36 CLC (AD)
....ubur Rahman, Advocate-on-Record-For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No. 485 of 2006. (From the judgment and order dated 22-08-2006 passed by the High Court Division in Criminal Appeal No. 1429 of 2004). Jud...... we are of the opinion that there is no substance in this petition for leave to appeal and accordingly the same is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 986. ..Category: Criminal Law | Date: | Hits: 43
Saiful Islam Shaikh and another Vs. State, 2007, 36 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented - the Respondent. Criminal Petition for Leave to Appeal No. 58 of 2004. (From the judgment and order dated 10.11.2003 passed by the High Court Division in Criminal Appeal No. 1256 of 1994). Judg......ther connected papers. We regret, we do not find any merit in the points urged and the High Court Division upon correct assessment of the evidence and materials on record arrived at a correct decision and rightly dismissed the appeal. There is therefore no cogent reason to interfere w..Category: Criminal Law | Date: | Hits: 32
Mirza Saifuddin Hasan Vs. State, 2007, 36 CLC (AD)
....e Petitioner (In both the cases). Not represented – the Respondent (In both the cases). Criminal Petition for Leave to Appeal Nos. 117-118 of 2004. (From the judgment and order dated 25.8.2003 passed by the High Court Division in Criminal Appeal No. 2438 of 2000). Jud......nviction so as to call for any interference. 11. 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 of the petitioners could not point at any illegality or infirmity in ..Category: Criminal Law | Date: | Hits: 43
Enamul Hoque Mollah Vs. State, 2007, 36 CLC (AD)
....rs Involved: Md. Nawab Ali, Advocate-on-Record - For the Petitioner. Not represented – the Respondent. Criminal Petition for Leave to Appeal No.123 of 2004. (From the judgment ana order dated 25.8.2003 passed by the High Court Division in Criminal Appeal No. 2438 of 2000). Judgment ......ality in the impugned judgment and order of conviction. 10. 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: Anti-Corruption Laws | Date: | Hits: 81
Serajul Hoque Majumder Vs. Bachchu Mia Mojumder and others, 2006, 35 CLC (AD)
.... Nawab Ali, Advocate-on-Record - Respondent Nos. 1-8. Not Represented – Respondent Nos. 9 -73. Civil Petition for leave to appeal No.630 of 2005 (From the judgement and order dated 13.1. 2004 passed by the High Court Division in Civil Revision No.744 of 1997). Judgment......of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition if, dismissed. Ed. The Case is also Reported in: IV ADC (2007) 967. ..Category: Property Law | Date: | Hits: 23
Syed Ali Mondal and others Vs. Dulal Chandra Biswas & others, 2006, 35 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Represented – the Respondents. Civil Petition for Leave to Appeal No.1298 of 2004. (From the judgment and order dated 18th April, 2004 passed by the High Court Division in Civil Revision No. 2584 of 1994). ......sp; appears the High Court Division discharged the Rule holding that both the courts below concurrently found that the plaintiffs could not prove their possession in the entire suit land; the decisions cited by the learned Advocate of the petitioners do not support the contention of th..Category: Property Law | Date: | Hits: 30
Golam Sarwar and others Vs. Mst. Anwara Begum and others, 2006, 35 CLC (AD)
....d: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented–the Respondents. Civil Petition for Leave to Appeal No.1149 of 2005. (From the Judgment and Order dated March 30, 2005 passed by the High Court Division in Civil Revision No. 4357 of 2004). ......of the kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 961. ..Category: Property Law | Date: | Hits: 29
Aftab Ali Chowdhury and another Vs. Piara Khanam and others, 2006, 35 CLC (AD)
.... Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented - Respondent Nos. 3-5 Civil Petition for Leave to Appeal No. 1521 of 2004. (From the Judgment and Order dated July 14, 2004 passed by the High Court Division in Civil Revision No. 3846 of 1996). ...... kind in the judgment of the High Court Division calling for interference. Accordingly the petition is dismissed. Ed. The Case is also reported in: IV ADC (2007) 958. ..Category: Property Law | Date: | Hits: 25
Abed Ali Vs. Sona Mian and others, 2007, 36 CLC (AD)
....te-on-Record-For the petitioners (In all cases). Not represented - Respondents (In all cases). Civil Petition for Leave to Appeal Nos. 1461-63 of 2005. (From the Judgment and Order dated May 8, 2005 passed by the High Court Division in Civil Revision Nos. 3762, 3763 and 3764 of 2...... 6. In the afore state of the matter we find no merit in the petitions. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 956. ..Category: Property Law | Date: | Hits: 19
Shaikh Md. Asad Hossain Vs. Maulana Md. Abdur Razzaque Chisty , 2005, 34 CLC (AD)
....llant. Md. Nawab Ali, Advcate-on-Record - For Respondent No. 1 (a). Not represented - Respondent Nos. 1(b) to 1(i). Civil Appeal No. 20 of 1999. (From the Judgment and Order dated 10-06-1997 passed by the High Court Division in Civil Revision No. 376 of 1999). Judgmen......Counsel further argued that the High Court Division in revisional jurisdiction failed to exercise its discretionary power in not considering that the findings and decisions arrived at by the lower appellate Court as a final Court are binding upon the High Court ..Category: Property Law | Date: | Hits: 24
Moulavi Abdul Kader Vs. Mozammel Haque & others, 2006, 35 CLC (AD)
....os. 1-6 (In both the cases). Not represented - Respondent Nos. 7-39 (In both the cases). Civil Petition for Leave to Appeal Nos.1259 and 1260 of 2004. (From the judgment and order dated 27.07.2004 passed by the High Court Division in Civil Revision Nos. 1414 and 774 of 2002). ......xistence of the said deed at any time and thus the said deed did not see the light of the day and that the lower appellate court being the last court of fact considered the evidence and came to the decision that the deed of gift was not a genuine document and as such decided the case correctly. T..Category: Property Law | Date: | Hits: 24
Md. Tajul Islam Vs. Bangladesh, 2006, 35 CLC (AD)
.... A. J. Mohammad Ali, Attorney General, instructed by Zainal Abedin, Advocate-on-Record - For the Respondents. Civil Petition for Leave to Appeal No. 185 of 2006. (From the judgment and order dated 05-01- 2006 passed by the High Court Division in Writ Petition No. 4171 of 2006). Judgment ......visions have been introduced without leaving any saving clauses as required under the law. There is no provision in the amendment of the law of showing cause or of hearing in person against whome the decision is being taken. So, the affected person having no chance of representing his position to th..Category: Environmental Law | Date: | Hits: 517
Bulmayee Barmani Vs. Sree Madhuram Barman and another, 2006, 35 CLC (AD)
....ry Md. Zahangir, Advocate-on-Record - For the Petitioners. Not represented – the Respondents. Civil Petition for Leave to Appeal No. 1270 of 2004. (From the judgment and order dated 21st August, 2002 passed by the High Court Division in Civil Revision No. 1815 of 1997). ......J. sitting single in another Bench has held the same view in Civil Revision Case No. 98 of 1978 by his judgment dated 4th February, 1982”. 6. The High Court Division, considering decision in the above reported case held that the plaintiff No.2 has no locus standi to file the su..Category: Property Law | Date: | Hits: 67
Ali and Brothers & Marquis Pump Marketing and another Vs. Pedrollo NK Ltd. & ors, 2006, 35 CLC (AD)
.... J. B. M. Hasan, Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record - For the Respondents Civil Petition for Leave to Appeal No. 1252 of 2004. (From the Judgment and Order dated June 23, 2004 passed by the High Court Division in First Miscellaneous Appeal No. 107 of 200......by defendant No.6 is similar to the carton of the water pump imported by the plaintiff. 8. The learned Counsel for the petitioners submits that High Court Division without arriving at a decision of its own disposed of the appeal only upon narration of the facts of the case of th..Category: Intellectual Property Law | Date: | Hits: 201
Abdus Sattar Khan Vs. Md. Noor@ Nurullah, 2006, 35 CLC (AD)
.... represented - Respondent Nos. 1(a)-(c), 1(f)-(h), 2(a),2(d), 3, 4(b)-4(f) (In both the cases). Civil Petition for Leave to Appeal Nos. 656 & 657 of 2005. (From the Judgment and Order dated March 14, 2004 passed by the High Court Division in Second Appeal Nos. 463 of 1973 and 109 o......ivision committed no error of law or precodure in dismissing the appeals. Accordingly the petitions are dismissed. Ed. The Case is also Reported in: IV ADC (2007) 930. ..Category: Property Law | Date: | Hits: 26
S.M. Shakil Akhtar Vs. Rajdhani Unnayan Katripakha & another, 2007, 36 CLC (AD)
....ndent No.2 (In both the cases). Not represented - Respondent No 1 (In both the cases). Civil Petition for Leave to Appeal Nos. 1077 & 1206 of 2006. (From the judgment and order dated 11.07.2006 passed by the High Court Division in Writ Petition Nos. 5972 of 2003 & 575 of......ently illegal and an act of high handedness on the part of Rajuk. 13. Therefore, in our view, the High Court Division took into consideration all aspects of the matter and came to a correct decision. There is no cogent reason to interfere with the same. The direction to the Rajuk giv..Category: Property Law | Date: | Hits: 46
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