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Displaying 5201-5220 of 6668 results.

Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)

....spondent Nos.1, 3, 4-8 and 11-13. Not represented- the Respondent Nos. 2, 5-7, 9-10 and 14-31. Civil Petition for Leave to Appeal No.1165 of 2005. (From the judgment and order dated the 11th June, 2005 passed by the High Court Division in Civil Revision No. 5127 of 2003). ......ing order of an elaborate one, could not by itself be a valid ground for interference by this revisional Court unless it can be shown that the Court below has commit­ted an error of law in the decision occa­sioning failure of justice. The judgment and order of the Subordinate Judge may h..

Category: Property Law | Date: | Hits: 26

Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)

.... Rahman, Advocate-on-Record-For Respondent Nos. 1-8. Not Represented- the Respondent Nos. 9-43. Civil Petition for Leave to Appeal No. 959 of 2005. (From the judgment and order dated the 15th May, 2005 passed by the High Court Division in Civil Revision No. 3696 of 2004). ......ying or making any vari­ation of the said order, the High Court Division was wrong to grant permission to construct a building upon the land in pos­session of the defendant and as such his decision merits interference by this Court; that without any documentary evidence of the parties re..

Category: Property Law | Date: | Hits: 38

Chief Controller, Import and Export and others Vs. Md. Faruk Ahmed, 2005, 34 CLC (AD)

....zzaman, Advocate (appeared with the leave of the Court) with him], instruct­ed by Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Appeal No. 232 of 2003 (From the judgment and order dated 19th March 2003 passed by the High Court Division in Writ Petition No. 4901 of 2002). Judgm......Controller of Export and Import has rejected the said application of the respondent stating the reason therefore. The High Court Division is not an appel­late forum to sit in an appeal over the said decision of the authority. Rule 19 of the Rules provided for appeal review for revi­sion against th..

Category: Business or Commercial Law | Date: | Hits: 139

Bangladesh Inland Water Transport Authority Vs. Md. Sadiqul Islam and others, 2006, 35 CLC (AD)

....d by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not rep­resented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 348 of 2005. (From the judgment and order dated 08.12.2004 passed by the High Court Division in Writ Petition No. 4332 of 1999). Judgment ......m the date of his joining. 13. Therefore, in the facts and circum­stances, 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. The petition is dismissed. E..

Category: Employment/Service Law | Date: | Hits: 86

Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)

.... Begum, Advocate-on-Record-For Respondent Nos. 7-8. Not Represented- the Respondent Nos. 9-13. Civil Petition for Leave to Appeal No. 932 of 2005. (From the judgment and order dated the 28th March, 2005 passed by the High Court Division in Civil Revision No. 5406 of 2002). ...... 5. Lastly Mr. Khan submits that the High Court Division misconstrued and misin­terpreted the provisions of Order 7 Rule 3 of the Code in this particular case and committed error of law in the decision and most illegally and arbitrarily passed the impugned judgment. 6. Mr. Mohammad Moh..

Category: Property Law | Date: | Hits: 27

Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

....ucted by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the  Respondents. Civil Review Petition No. 9 of 2006. (From the Judgment and Order dated August 1, 2005 passed by the Appellate Division in Civil Appeal No.85 of 1997). Judgme......nnexure-D to the writ petition, i.e. the impugned annexure, is legal or not. As regard the liability, if any, in connection with the mortgage, claimed by the appellant the same would be matter for decision in some other forum but not in writ jurisdiction. As such bank is not legally entitled to ..

Category: Property Law | Date: | Hits: 36

Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)

....e Appellant. Ataul Huq, Advocate-on-Record-For Respondent Nos. 1 & 2. Not represented- Respondent Nos.3-6. Civil Appeal No. 576 Of 2001 (From the judgment and order dated 19.6.1997 passed by the High Court Division in Civil Revision No. 74 of 1988). Judgmen......ell in error in not taking into consideration the illustri­ous case of Gangamoye vs. Troiluckhya Nath Choudhury and other, reported in 35 Indian Appeal (Privy Council) 60 and sim­ilar other decisions in this regard includ­ing the case of Abdur Rahman vs. Abdur Rahim reported in 35 D..

Category: Property Law | Date: | Hits: 21

Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)

....nior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Not represented- the Respondent. Civil Appeal No. 03 of 2000 (From the judgment and order dated 29.11.1993 passed by the High Court Division in First Appeal No.238 of 1991). Judgment......y;ed amendments in clauses 4, 6 and 12 in the draft agreement for sale of the suit property, which the plaintiff was called upon to sign. Discussions and negotiations then followed but there was no decision. The plaintiff awaited further discussions in the matter and was ready to pay the money so..

Category: Property Law | Date: | Hits: 33

St. Electronics (Infer Software Sys.) Pvt. Ltd. Vs. Patimas Intel. Sdn Bhd & ors, 2007, 36 CLC (AD)

....r Rahman, Advocate-on- Record-For Respondent No. 4. Not Represented- For Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 710 of 2007. (From the judgment and order dated 20.5.2007 passed by the High Court Division in Writ Petition No. 11238 of 2006.) Judgm...... case, we are of the view that, except the single eco­nomic unit point, the High Court Division upon correct, appreciation of law and assessment of the materials on record arrived at a correct decision by making the rule absolute. We would deal with the sin­gle economic unit point in an ..

Category: Business or Commercial Law | Date: | Hits: 110

Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)

....  Mohammad Nazrul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent. Civil Appeal No. 186 of 2000 (From the judgment and order dated 20.7.1997 passed by the Administrative Appellate Tribunal Appeal No. 163 of 1995). Judgm......ed Administrative  Appellate Tribunal, on examination of the records agreed with the finding of the Administrative Tribunal that the respondent No.4 the Assistant General Manager, placed the decision regarding to initiation of departmental proceeding against the respondent No.1 before the ..

Category: Administrative Law | Date: | Hits: 104

Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)

....y A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 191 of 2004. (From the judgment and order dated 12.05.2004 passed by the High Court Division in Criminal Appeal No. 381 of 2000). Judgme......d reduced the sentence of the petitioners. There is nothing to inter­fere. The petition is, accordingly, dis­missed. Ed. This Case is also Reported in: IV ADC (2007) 897. ..

Category: Criminal Law | Date: | Hits: 43

Md. Tofeil Ahmed Vs. Md. Alauddin and another, 2006, 35 CLC (AD)

....tructed by Abu Siddique, Advoate on-Record-For Respondent No.1. Not represented-Respondent No.2. Criminal Petition for Leave to Appeal No. 192 of 2006. (From the judgment and order dated 30.03.2006 passed by the High Court Division in Criminal Appeal No. 4561 of 2003). Ju......nds. 10. In this view of the matter we do not find substance in this petition. The petition, thus, is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 895. ..

Category: Criminal Law | Date: | Hits: 36

Mosammat Parveen Sultana Vs. Mosammat Sahera Khatun & another, 2007, 36 CLC (AD)

....te-on-Record-For the Petitioner (In both the cases) Not represented-Respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 392 & 393 of 2003 (From the judgment and order dated 23.11.2002 passed by the High Court Division in Civil Revision Nos. 258 & 259 of 1998) ......n held that the statement of the present petitioner that the Waqf Administrator gave permission to transfer the suit land in her favour is not correct. The High Court Division considering a number of decisions, held that a Mutwalli of a Waqf Estate is mere manager and not ostensible owner. 9. Thu..

Category: Tenancy Law | Date: | Hits: 155

Rafique Ahmed Vs. MD, Bangladesh Overseas Employment & Service Ltd. and others, 2006, 35 CLC (AD)

....ructed by Haridus Paul, Advocate-on-Record-For Respondents. Not repre­sented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 1564 of 2004. (From the judgment and order dated 11th March, 2003 passed by the High Court Division in Civil Revision No. 2889 of 2002). ......false complaints filed against the petitioner by the defendant Nos. 3 and 4 and on the basis of two such allegations against the petitioner the Board of BOESL, in its meeting held on 9.9.1999, took decision to terminate his service without giving him any opportunity to defend him and then by Memo..

Category: Employment/Service Law | Date: | Hits: 71

Hazi Salahuddin and others Vs. Zinnatan Nesa and others, 2006, 35 CLC (AD)

.... Mahbubey Alam, Senior advocate, instructed by Abu Siddique, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 316 of 2006. (From the judgment and order dated 20-10-2005 passed by the High Court Division in Civil Revision No. 2637 of 2005). Judg...... No.7) old address at 57 now 83 Banga Bandhu Road, Narayangonj but subsequently, perhaps thinking that since the suit was a partition suit and summons should be served properly changed her earlier decision and by a fresh application dated 12-08-2005 amended the plaint and took steps to issue fre..

Category: Property Law | Date: | Hits: 24

Moazzam Hossain Vs. Bangladesh Bank and ors, 2005, 34 CLC (AD)

....zzam Hossain ..........Appellant Vs. Bangladesh Bank and ors.......Respondents Judgment April 4, 2005. Civil Appeal No. 111 of 1999 (From the Judgment and order dated 10th May, 1999 passed by the High Court Division in Writ Petition No. 3006 of 1998). L......er section 17(1) of the Act on 9.9.1995, is not legally sustainable. So the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: IV ADC (2007) 870. ..

Category: Banking Law | Date: | Hits: 112

Hemayet Ali Shaikh and others Vs. Ramesh Chandra Mondal and others, 2006, 35 CLC (AD)

.... Involved: Sufia Khatun, Advocate-on-Record-For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 1283 of 2004. (From the judgment and order dated 8th March, 2003 passed by the High Court Division in Civil Revision No. 1977 of 1994). ......of Civil Procedure. 6. We are of the view that the High Court Division on proper consideration of the materials on record and applying the principle of law as applicable 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: 25

Most. Hamida Bewa Vs. Jasiron Nesa and others, 2005, 34 CLC (AD)

....by Md. Nawab Ali, Advocate-on-Record-For the Petitioner Sufi a Khatun, Advocate-on-Record-For the Respondents Civil Preview Petition No. 13 of 2005. (From the Judgment and Order dated August 31, 2004 passed by the Appellate Division in Civil Appeal No. 181 of 2000). Jud......n other words a party is not competent in law to seek review in the manner as sought. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 862. ..

Category: Procedural Law | Date: | Hits: 79

Boalkhali Sirajul Islam College Vs. Al-haj Ahmed Hossain Chowdhury and others, 2006, 35 CLC (AD)

....d-For the Petitioner. Abul Quasem, Advocate-on-Record-For Respondent No.1 Not represented-Respondent Nos. 2-4 Civil Review Petition No.6 of 2005 (From the judgment and order dated 03-03-2003 passed by this Division in civil petition for leave to Appeal No. 356 of 2002). ......itation whereas the appel­late Court as a final Court of fact came to the finding that the suit was not barred by limitation. Upon consideration of materials on record this Division upheld the decision of the High Court Division. 5. Mr. A.S.M. Zillul Haque, the learned Senior Advocate ..

Category: Property Law | Date: | Hits: 53

Sarwar Zaman Vs. Yongtai Industries Bangladesh Ltd. and another, 2006, 35 CLC (AD)

.... instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 654 of 2005 (From the judgment and order dated 9th May, 2005 passed by the High Court Division in Matter No. 4 of 2005). Judgment Md.......dingly the appli­cation is liable to be rejected as not main­tainable. 8. We are of the view that the High Court Division on proper consideration of 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: Business or Commercial Law | Date: | Hits: 151