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Md. Siddiqullah and others Vs. Sufura Khatun and others, 2007, 36 CLC (AD)

....oners Vs. Sufura Khatun and others.........Respondents Judgment May 20, 2007. Civil Petition for Leave to Appeal No. 970 of 2005 (From the Judgement and order dated 05.07.2005 passed by the High Court Division in Civil Revision No. 2693 of 2002). Lawye......ts for the months from September, 1993 to January, 1995 but did not give any receipt for the said amount and the Bazar Committee could not settle the dispute between the parties and in view of the decision of the Bazar Committee the defendants remitted rent for the month of February, 1995 on 04...

Category: Property Law | Date: | Hits: 35

Mst. Rousan Ara Vs. Alhaj Mst. Hazera, Begum alias, Hazera Khatun & another, 2007, 36 CLC (AD)

.... N. H. Khandaker, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 992 of 2003 (From the Judgement and order dated 09.11.2002 passed by the High Court Division in Civil Revision No. 4897 of 1998). Jud......n-Record found difficult to assail the Judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 689. ..

Category: Family Law | Date: | Hits: 150

Md. Siraj Mondal @ Md. Sirajuddin Mondal & anr Vs. Mosammat Miraton Nessa & ors, 2006, 35 CLC (AD)

....nior Advocate, instructed by Serajur Rahman, Advocate-on-record -For Respondent No.1. Not represented-Respondent Nos. 2-8. Civil Appeal No. 588 of 2001 [From the Judgment and Order dated March 29, 1998 passed by the High Court Division in Civil Revision No. 2248 of 1991 (Dhaka) ......dal in favour of Kuran Mondal and in the background of the materials on record held that appellate Court while setting aside the judgment of the trial Court did not advert to the findings and decisions of the trial Court and thereupon did not reverse the finding of the trial Court based on ..

Category: Property Law | Date: | Hits: 28

Abdus Samad Talukder and another Vs. Sarkar Mahmud and others , 2007, 36 CLC (AD)

....l Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Ex-parte- The Respondent(s). Civil Appeal No. 04 of 2002 (From the judgment and order dated 23.6.1997 passed by the High Court Division in Civil Revision No. 908 of 1991). Judgme......t any error of law which calls for interference. 7. We are of the view that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision o..

Category: Property Law | Date: | Hits: 28

Md. Syed Badruddoza Vs. Tawfiq Hasan and another, 2006, 35 CLC (AD)

....olved: Md. Nawab Ali, Advocate-on-record-For the Petitioners. Not represented-Respondents. Civil Petition for Leave to Appeal No. 1666 of 2004. (From the Judgment and Order dated April 27, 2004 passed by the High Court Division in Civil Revision No. 1202 of 1999). ...... committed any error in rejecting the prayer for re-hearing of the civil revision. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 667. ..

Category: Civil Law | Date: | Hits: 102

Government of the People's Republic of Bangladesh Vs. Khariat Hossain and others, 2006, 35 CLC (AD)

....sain, Advocate-on-Record-For the Petitioners. Amir Hossain, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 132 of 2005. (From the Judgment and order dated 22.6.2003 passed by the High Court Division in Civil Revision No.1229 of 1992). Judgme......sion of the plaintiffs. 6. We are of the view that High Court Division after due consideration of the evidence and materials on record and answering the relevant issues 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

Waez Uddin and others Vs. Anwara Begum and others, 2006, 35 CLC (AD)

.... A. K. M. Shahidul Huq, Advocate-on- Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1658 of 2004. (From the Judgment and order dated 29th June, 2004 passed by the High Court Division in Civil Revision No.7212 of 1991). J......counsel appearing for the petitioner. The learned advocate could not point out any misreading or non-consideration of the materials on record or any error, illegality or infirmity in the decision of the High Court Division so as to call for any interference from this Division. A..

Category: Civil Law | Date: | Hits: 83

Md. Shamsul Haque and another Vs. Md. Abdul Jalil Khan and others, 2006, 35 CLC (AD)

....ed: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 425 of 2004 (From the judgment and order dated 26-06-2002 passed by the High Court Division in Civil Revision No. 3458 of 1997.) Jud......to differ with the above findings of the High Court Division. This petition merits no consideration. Accordingly, it is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 658. ..

Category: Property Law | Date: | Hits: 23

Abdus Sukkur and others Vs. Mohammad Younus and others, 2006, 35 CLC (AD)

....y A.S.M. Khalequzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 1183 of 2005. (From the Judgment and Order dated May 11, 2005 passed by the High Court Division in Civil Revision No. 749 of 1996). Ju......ackground of the discussions made hereinabove we find no merit in the Petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: IV ADC (2007) 654. ..

Category: Property Law | Date: | Hits: 24

Bangladesh Bank Vs. Sk. Abul Hossain and others, 2006, 35 CLC (AD)

.... Zahirul Islam, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 passed by the High Court Division in Company Matter No. 106 of 2003). ......for the Directors of the company to continue as Directors taking advantage of the above orders of stay dated 24.1.2004 in as much as if the company continues with more than 13 directors and if the decisions of the High Court Division dated 20.1.2004 are overturned then all the actions of the Boa..

Category: Business or Commercial Law | Date: | Hits: 78

Water Supply and Sewerage Authority (WASA) and another Vs. Md. Abdus Sobhan, 2006, 35 CLC (AD)

....angir, Advocate-on-record-For the Petitioners Md. Nawab Ali, Advocate-on-record-For the Respondent Civil Petition for Leave to Appeal No. 1475 of 2004 (From the Judgment and Order dated August 31, 2004 passed by the High Court Division in Civil Revision No. 2072 of 2000) ......The learned Counsel in the background of the facts noticed by the High Court Division and the reasoning upon which made the Rule absolute felt difficulty to take exception to the finding and decision of the High Court Division. It is difficult for us to understand why the authority while r..

Category: Employment/Service Law | Date: | Hits: 64

Khondker Ansar Ahmed & others Vs. A.T.M. Monsur Ali Mallik & others, 2007, 36 CLC (AD)

....cord-For the Appellants. Mahbubey Alam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondents. Civil Appeal Nos. 117-118 of 1998 (From the judgment and order dated 13.08.1995 passed by the High Court Division in Civil Revision No. 1222 of 1981 with Second Ap......t upon findings, inter alia, that the plaintiffs having prima facie title to the suit property the defendants are monthly tenants in respect thereof under the plaintiffs. 5. Being aggrieved by the decision in Title Appeal No. 145 of 1965, the defendants filed Civil Revision No. 1222 of 1981 while..

Category: Property Law | Date: | Hits: 34

Wonder Land Toys Ltd. Vs. Ministry of Finance, Govt. of Bangladesh, 2002, 31 CLC (AD)

....ted by Md. Ahsanullah Patwary, Advocate-on-Record- Respondent No. 2. Not represented- Respondent Nos. 1, 3-5. Civil Petition for leave to Appeal No. 1581 of 2002. (From the Order dated 20th August 2002 passed by the High Court Division in Writ Petition No.951 of 2001). J......his fact been known to the subscribers that non-availability of the concerned machinery would not lead to achieve the Company's objective the subscribers might think again for taking investment decision at the time." 3. Accordingly on the basis of the aforesaid complaint petit..

Category: Criminal Law | Date: | Hits: 36

Hazi Habibur Rahman @ Hazi Md. Habibur Rahman Vs. Ayub Ali Sawdagar, 2006, 35 CLC (AD)

.....S.M. Khalequzzaman, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 932 of 2004 . (From the judgment and order dated 24th April 2004 passed by the High Court Division in Appeal from Original Decree No. 308 of ......n case of delay in making substitution within the period of limitation which necessarily implies that the legislature intended for disposal of a suit on contest and not to deprive the parties of a decision on technicalities where right to sue survives even after the death of one of the parties i..

Category: Procedural Law | Date: | Hits: 75

Peninsular Shipping Service Ltd. Vs. M/s. Faruque Paint & Varnish Manufac. Co Ltd. 2006, 35 CLC (AD)

....nt Nos. 1 & 2. Ajmalul Hosein, QC.Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent No. 3. Civil Appeal No.126 of 2005 (From the judgment and order dated 29.03.2005 passed by the High Court Division in F. M. A. No.66 of 2005). Judgment Amir......ubsection (2) in as much as filing of memorandum of appeal itself has been made dependent on (under sub-section 2) and subject to fulfillment of the sub-section (2)., 37. In this connection the decision in the case of Abdus Sattar and others Vs. IFIC Bank Ltd. reported in 52 DLR (HCD) 4 may be..

Category: Civil Law | Date: | Hits: 132

Md. Aminur Rahman & others Vs. Fatema Begum & the State, 2007, 36 CLC (AD)

....nbsp; Criminal Petition for Leave to Appeal No.252 of 2005 (From the judgment and order dated 18.04.2005 passed by the High Court Division in Criminal Appeal No.2513 of 2003). Judg......0. In the facts and circumstances of the case and in view of the discussion above, we are of the view that the High Court Division upon correct assessment of the materials on record took a correct decision in the matter. 10. The petition is dismissed. Ed This Case is also Rep..

Category: Criminal Law | Date: | Hits: 61

Shadharan Bima Corporation Vs. The First Court of Settlement and other, 2006, 35 CLC (AD)

....For the petitioners (In both the cases). Not represented- Respondents (In both the cases). Civil Petition for Leave to Appeal Nos. 751-52 of 2004. (From the judgment and order dated 13.3.2004 passed by the High Court Division in Writ Petition Nos.2996 and 2997 of 2001). ......tices to the then occupiers of the above plot No.4 and before enlisting the said plot in the 'Kha' list of the abandoned property. 5. The High Court Division in its judgment referring to the decision reported in 48 DLR (AD) 1 took the view that the duty is upon the person, who claims that ..

Category: Property Law | Date: | Hits: 41

Ayen Ali Howlader Vs. Nazir Ahmed and others, 2007, 36 CLC (AD)

....espondent Nos.2-6. Civil Petition for Leave to Appeal No. 231 of 2006 (From the judgment and order dated 06.08.2005 passed by the High Court Division in Writ Petition No.4404 of 2003.) Judgme......ettlement Cases. The Deputy Commissioner, Barisal on 18.10.1994 by Memo No.2086 forwarded the Settlement Case No.22KT/71-72 along with other 9 cases to the respondent No.2, the Ministry of Land for decision. In the meantime by the order of the President of Bangladesh, a notification was issued an..

Category: Property Law | Date: | Hits: 29

Md. Dewan Ali Vs. Md. Jasim Uddin and others, 2008, 37 CLC (AD)

....; Md. Nawab Ali, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Appeal No. 133 of 2003 (From the judgment and order dated 30.6.2002 passed by the High Court Division in Civil Revision No.1727 of 1995.) Judgm......or respondent No.1 and perused the impugned judgment of the High Court Division and other connected papers. 9. The learned Advocate for the purchaser-pre-emptee-appellant submits that the decision arrived at by both the lower appellate court and the High Court Division that the purchase..

Category: Property Law | Date: | Hits: 32

Maruf Hossain (Swopon) Vs. Diljan Bibi and others, 2007, 36 CLC (AD)

.... A.K.M. Shahidul Huq, Advocate on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 555 of 2005. (From the judgment and order dated 2.3.2005 passed by the High Court Division in Civil Revision No. 4260 of 2002). Judgme...... properly constituted suit for partition, if so advised, is filed. 5. 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: Property Law | Date: | Hits: 23

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