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Mustaque Alam Chy & anr Vs. Court of Joint District & 2nd Artha Rin Adalat, Dhk, 2006, 35 CLC (AD)
.... 2005. (From the judgment and order dated 18th February 2004 passed by the High Court Division in Writ Petition No. 3672 of 2002). ......d X alleges that by an act which amounts to payment he has discharged his obligation, the courts will in general decide the issue in accordance with French law. 8. And has referred to a decision in the case of Ellis V. M. Henry, Court of Common Pleas 1871 at page 228 which held, inte..Category: Civil Law | Date: | Hits: 96
Abdul Jalil Munshi & another Vs. Abu Bakr Siddique, 1976, 5 CLC (AD)
....-II, Advocate-on-Record - For the Appellants. M. Nurullah, Advocate, instructed by S. M. Huq, Advocate-on-Record–For the Respondent. Civil Appeal No. 7 of 1976 (From the Judgment and order dated 3.9.75 passed by the High Court Division Civil Rule No. 800 of 1975). Judgment Debesh ...... the finding the High Court Division that the appellants had raised the disputed structure taking advantage of the order of stay granted by the District Judge which had the effect of forestalling the decision of the Court in the injunction matter, the learned Judge was perfectly justified in issuing..Category: Property Law | Date: | Hits: 31
Alaluddin Vs. State, 1999, 28 CLC (AD)
....ossain, Advocate-on-Record — For the Petitioner. Not represented — The Respondent. Criminal Position for Leave to Appeal No. 85 of 1999. (From the judgment and order dated May 5, 1999 passed by the High Court Division, Dhaka in Criminal Appeal No. 655 of 1999). ......ion. The petition is disposed of with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 162. ..Category: Criminal Law | Date: | Hits: 50
Md. Shah Alam Mollah Vs. Md. Ruhul Amin Khan & another, 2007, 36 CLC (AD)
.... Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition for Leave to Appeal No. 256 of 2004. (From the judgment and order dated 10.07.2004 passed by the High Court Division in Criminal Appeal No. 1195 of 2004). Ju......acts and circumstances of the case and 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. There is no cogent reason to interfere with the same. Accordingly, the petition is ..Category: Criminal Law | Date: | Hits: 54
Md. Abu Safa Vs. Abdul Momen Chowdhury and others, 2006, 35 CLC (AD)
....d by Md. Nawab Ali, Advocate-On-Record-For the Petitioner. Not Represented-For the Respondent. Civil Petition for Leave to Appeal No. 766 of 2005. (From the judgment and order dated 24th May, 2005 passed by the High Court Division in Writ Petition No. 2561 of 2005). ....... Security of Tk. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: V ADC (2008) 64. ..Category: Election Law | Date: | Hits: 124
Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
....cate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-43. Civil Petition for Leave to Appeal No.1599 of 2005. (From the judgment and order dated 31.08.2005 passed by the High Court Division in Writ Petition No. 4511 of 2005). Judgm......ld not be disposed of. 12. In view of the discussions above, we are of the view that the High Court Division on correct assessment of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is ..Category: Employment/Service Law | Date: | Hits: 70
Billal Hossain and others Vs. Mofizur Rahman and others, 2006, 35 CLC (AD)
....on- Record- For the Petitioners. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 701 of 2005 (From the judgment and order dated 23rd February, 2005 passed by the High Court Division in Civil Revision No. 3050 of 2001). ...... the time of the alleged purchase by the kabala Ext. Ka. The High Court Division also found that the learned District Judge considering the provisions of Order I rule 9 CPC and also citing few decision of superior courts held in the facts and circumstances of the present case the suit should..Category: Property Law | Date: | Hits: 19
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....sp; Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1416 of 2004 (From the judgment and order dated 18th July, 2004 passed by the High Court Division in Civil Revision No.4555 of 2002). ......ased is not a proper judgment of reversal. 5. 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 and there is no cogent reason to interfere with the said decision. The petition is ..Category: Property Law | Date: | Hits: 27
Mvi. Md. Shafiqur Rahman and another Vs. Ambia Khatoon and others, 2007, 36 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented - the Respondents. Civil Petition for Leave to Appeal No. 285 of 2004 (From the judgment and order dated 10.1.2004 passed by the High Court Division in Civil Revision No. 1436 of 2002). Judg...... CPC and in those cases the Court took the view that the proceeding under Order 9 Rule 13 CPC was available against exparte order allowing pre-emption. The High Court Division, relying on the above decisions, held that in the instant case Order 9 Rule 9 CPC is available to the pre-emptor to set ..Category: Property Law | Date: | Hits: 26
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....Chowdhury M. Zahangir, Advocate-on- Record-For Respondent No. 4. Not represented- Respondent Nos.1-3 & 5-13. Civil Petition for Leave to Appeal No. 922 of 2003 (From the judgment and order dated 3.3.2003 passed by the High Court Division in First Appeal No. 248 of 1991). Judgment Md...... nor exhibit-23 have been proved by sufficient evidence. 7. 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 error or infirmity in the decision of the High ..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....ul Islam Chowdhury, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 1301 of 2004. (From the judgment and order dated 24th March, 2004 passed by the High Court Division in Civil Revision No. 3102 of 1994). ......on is an old one and it is the reconstruction of the public road to connect villages through the khas land and during the pendency of the suit there was no construction of new road and so the decision as arrived at by the High Court Division cannot be sustained in law. 4. As it appea..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
....ate-on-record-For Respondent Nos. 2, 3, 8. Not represented - Respondent Nos. 1, 4-7 & 9-11. Civil Petition for Leave to Appeal No. 768 of 2005 (From the Judgment and Order dated May 4, 2005 passed by the High Court Division in Civil Revision No. 1227 of 1999). Ju......late Court "without properly assessing the evidence in the light of the pleadings of the parties and also ignoring the documentary evidence which has resulted in an error in the impugned decision occasioning failure of justice". 9. Since the consideration of the evidence b..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....r Respondent Nos. 2, 5-7, 9-11, 13, 15-16, 19, 21-24, 26-28, 31 & 33-35 (In Civil Appeal No. 39 of 2005). Civil Appeal No. 38-39 of 2005. (From the judgment and order dated 29.08.2004 passed by the High Court Division in Writ Petition Nos. 8254 of 2002 and 4344 of ......it-respondents, now appellants, namely the Government of Bangladesh in the Ministry of Planning and in the Ministry of Agriculture and three Government functionaries, to show cause as to why their decisions/actions in amending the Project Pro-forma of the Project called Strengthening Plant Prote..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....with him), instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Appeal No. 7 of 2003. (From the Judgment and Order dated February 13, 2002 passed by the High Court Division in Civil Revision No. 4173 of 1994) ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..Category: Property Law | Date: | Hits: 46
Bangladesh Vs. Mostafizur Rahman, 2007, 36 CLC (AD)
....ord-For the Appellants. Rafique-Ul-Hoque, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Civil Appeal No. 66 of 1999 (From the judgment and order dated 01.03.1998 passed by the Appellate Division in Civil Appeal No. 20 of 1992). Judgment Am......ajority judgment the established principles of law as to the scope of judicial review of a detention order and evaluation of the grounds of detention have been grossly violated causing error in the decision on merit and whether a restatement of the said principles has become necessary. 4. Whi..Category: Procedural Law | Date: | Hits: 107
Abdul Momin Sarder Vs. State, 2007, 36 CLC (AD)
....ate-on-Record-For the Petitioner. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No. 110 of 2004. (From the judgment and order dated 28.3.2004 passed by the High Court Division in Criminal Appeal No.870 of 1995). Judgme......erred in law in failing to apply their independent judicial mind to the fact and circumstance of the case in the light of the legal evidence on record as the final court of fact while affirming the decision of the trial court and this has caused a miscarriage of justice. Hence the impugned ..Category: Criminal Law | Date: | Hits: 41
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
.... B. Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 258 of 2004. (From the judgment and order dated 4th April, 2004 passed by the High Court Division in Death Reference No. 20 of 2002 with Crim......ere had been another miscarriage of justice. 8. 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: Criminal Law | Date: | Hits: 58
State Vs. Abdus Sattar and others, 2007, 36 CLC (AD)
....ted by B. Hossain, Advocate-on- Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 181 of 2004. (From the judgment and order dated 11-04-2004 passed by the High Court Division in Death Reference No. 37 of 2001 with Criminal....... Being aggrieved and dissatisfied thereby the State as appellant has filed the present petition for leave to appeal. 14. The learned Deputy Attorney General submitted that the findings and decisions of the High Court Division is bad in law since it failed to sift the evidence on record. ..Category: Criminal Law | Date: | Hits: 44
Shamsul Arefin Rao Vs. Mahbub Hossain, 2007, 36 CLC (AD)
....Civil Petition No.331 of 2002) Civil Petition for Leave to Appeal No. 1365 of 2003. With Civil Petition for Leave to Appeal No.331 of 2002. (From the judgment and- order dated 3.5.2003 and 2.1.2002 passed by the High Court Division in Civil Revision No.3262 of 2002 an......e 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 involved arrived at a correct decision. There is therefore no warrant in law to interfere with the same. Accordingly..Category: Civil Law | Date: | Hits: 88
Atik Ullah & another Vs. Bangladesh, 2006, 35 CLC (AD)
...., Advocate-on-Record-For the Petitioner (In all cases). Not represented- Respondent (In all cases). Civil Review Petition Nos. 11-13 of 2006. (From the judgment and order dated 11.01.2004 passed by the Appellate Division in Civil Appeal Nos.259-261. of 2001). Ju......ed to get 10% interest per annum on the above mentioned amount. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: V ADC (2008) 138. ..Category: Alternative Dispute Resolution | Date: | Hits: 207
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