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Ameena Ahmed Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)
....wab Ali, Advocate-on-record- For the Respondents (In all the cases) Civil Petition for Leave to Appeal Nos. 384-388 of 2006 (From the judgment and order dated 30.08.2005 passed by the High Court Division in Writ Petition No.5513 of 1996). Judgme......ved any notice under Section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982 and as such she could not make any effective representation to the respondents against their decision for acquisition of the petitioner's land. 14. Subsequently a notice signed by resp..Category: Property Law | Date: | Hits: 31
Ratan Chandra Dey and others Vs. Jinnator Nahar and others, 2007, 36 CLC (AD)
....- Respondent Nos. 2-28. Civil Petition for leave to Appeal No. 1187 of 2004 (From the Judgment and order dated 21st May, 2003 passed by the High Court Division in Civil Revision No. 3728 of 1994) ......ed a suit for declaration of title and partition of the suit land. 6. 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 dec..Category: Property Law | Date: | Hits: 33
Dewan Shamsul Abedin, Mutwalli of Dewan Aftebur Reza Chy Waqf Estate Vs. BD, 2007, 36 CLC (AD)
....hbubar Rahman, Advocate-on-Record- For the Petitioner None Represented- For Respondents Civil Petition for Leave to Appeal No. 298 of 2006. (From the judgment and order dated the 31st August, 2005 passed by the High Court Division in Civil Rule No.524(F) of 2005 aris......etitioner till final publication of Compensation Assessment Roll in respect of the 4 annas share of the said Jalmohal which is a Waqf Estate and thereby the High Court Division came to an erroneous decision, as such caused failure of justice; that the High Court Division without considering the i..Category: Property Law | Date: | Hits: 50
Khizir Haider and others Vs. State, 2007, 36 CLC (AD)
....oners (In both the cases) Not represented- Respondent (In both the cases) Criminal Petition for Leave to Appeal Nos. 314-315 of 2005. (From the judgment and order dated 24.5.2007 passed by the High Court Division in Criminal Misc. Case No.4181 of 2001 with Crim......urt may consider this matter at the time of framing of the charge. 4. 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..Category: Criminal Law | Date: | Hits: 43
Fatema Jinnah Multilateral Girls High School Vs. Aradhana Chowdhury & others, 2007, 36 CLC (AD)
....pondent Nos.2-13. Civil Petition for Leave to Appeal No. 363 of 2006. From the judgment and order dated 19.02.2006 passed by the High Court division in Civil Revision No.4843 of 2005.) Judgm......under the Rules. 7. Therefore, in view of the discussions 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 leave petit..Category: Employment/Service Law | Date: | Hits: 83
Abdul Hai and other Vs. Chan Banu Bibi, 2007, 36 CLC (AD)
....d by A.K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. Not represented-Respondent. Civil Petition for Leave to Appeal No. 451 of 2004. (From the judgment and order dated 21.10.2003 passed by the High Court Division in Civil Order No.5798 of 2003). Ju......h they do not come within the ambit of section 6 of the Ordinance. 7. 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: 60
Lutfor Rahman and others Vs. State, 2007, 36 CLC (AD)
....; Not represented- Respondent Nos.1 and 3. Criminal Petition for Leave to Appeal No. 303 of 2004. (From the judgment and order dated 22-08-2004 passed by the High Court Division in Criminal Miscellaneous Case No.13556 of 2003......the deed in question as forged and as such continuation of the instant case is an abuse of the process of the Court and as such should be quashed. In support of his submissions, he referred to the decisions in the case of Nasiruddin Mahmud and others vs. Momtazuddin Ahmed and another reported in..Category: Criminal Law | Date: | Hits: 39
Mohammad Ali alias Shanu Vs. The State, 2007, 36 CLC (AD)
....on-Record- For the Petitioner None represented- For the Respondent Criminal Petition for Leave to Appeal No. 221 of 2006. (From the judgment and order dated the 31st January, 2006 passed by the High Court Division in Criminal Appeal No.1040 of......od of sentence. 17. Accordingly, with the above observation regarding the period of sentence the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 121. ..Category: Criminal Law | Date: | Hits: 40
Md. Wali Miah and others Vs. Musammat Halima Begum and others, 2004, 33 CLC (AD)
....nvolved: Md. Amir Hossain, Advocate on-Record- For the Petitioner. Not represented-For the Respondents. Civil Petition for Leave to Appeal No.1336 of 2002. (From the judgment and order dated 11.02.2002 passed by the High Court Division in Civil Revision No.4088 of 1991.) Judgment ......as not been able to prove his case and as such we find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This case is also Reported in: 13 MLR (AD) 2008, 116. ..Category: Tenancy Law | Date: | Hits: 174
Md. Sirajul Haq Vs. Md. Abdul Halim and another, 2007, 36 CLC (AD)
.... Not represented- Respondent No. 2. Civil Petition for Leave to Appeal No. 429 of 2005 (From the judgment and order dated 04.12.2004 passed by the High Court Division in Civil Revision No.1261 of 2000.) Judgm......s liable to be evicted and hence correctly decreed the suit. 17. The learned Single Judge of the High Court Division paid due consideration to the facts and circumstances and arrived at the decision in accordance with law and thus reversed the judgment of the trial court and decreed the s..Category: Property Law | Date: | Hits: 31
Md. Rezaul Ahsan Vs. Salamat Miah Wakf Estate, 2007, 36 CLC (AD)
....cted by Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- For Respondent No. 2. Civil Petition for Leave to Appeal No. 599 of 2005. (From the judgment and order dated 13th March, 2005 passed by the High Court Division in Civil Revision No.1541 of 2001) Judgm......hence the impugned judgment and order is liable to be set aside. 6. It appears from the record that the High Court Division while reversing the findings of the Court below was of the view that the decision of the trial Court should be interfered with as the same is against the weight of evidence ..Category: Tenancy Law | Date: | Hits: 184
Md. Miksar Ali Dewan and others Vs. Dares Ali Mondal and others, 2007, 36 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- For Respondent Nos. 2-64. Civil Petition for Leave to Appeal No.1376 of 2004. (From the Judgment and Order dated June 19, 2004 passed by the High Court Division in Civil Revision No.3395 of 2002) Judgmen...... In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 2008, 105. ..Category: Property Law | Date: | Hits: 29
Government of Bangladesh Vs. Md. Abdur Rashid and others, 2006, 35 CLC (AD)
....-record- For the Petitioners. Chowdhury, Md. Zahangir, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 1572 of 2004 (From the judgment and order dated 11.11.2003 passed by the High Court Division in Writ Petition No. 6127 of 2001). Judgm...... law has been violated and as such made the rule absolute. 14. We have perused the impugned judgment and in the facts and circumstances we find that the High Court Division came to a correct decision and as such there is no substance in this petition. 15. There is delay of 395 days ..Category: Employment/Service Law | Date: | Hits: 69
Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
.... Lutfunnessa vs. Nazimuddin Ahmed and others, 40 DLR 232; Khaled Akbar Vs The Government of Bangladesh and others, 42 DLR 66. Civil Appeal Nos. 259-61 of 2001 (From the judgment and order dated 03.03.1998 passed by the High Court Division in Writ Petition Nos.2153, 2154 & 2155 of 1......ses except where an appeal from a decree or order founded upon that judgment is allowed under the Code and has been preferred. Where, therefore, no appeal has been preferred, a decision given by the High Court in a special appeal is open to review. A special appeal is the nam..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
....kar Siddique, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent (In both the cases). Criminal Appeal Nos. 52 and 53 of 2007. (From the judgment and order dated 2-5-2005 passed by the Appellate Division in Criminal Appeal Nos. 12 and 13 of 1998) Judgme...... acquittal passed by the High Court Division and as this Court is competent to award any legal sentence on consideration of all evidence on record for ends of justice. 10. The facts leading to the decision of conviction of the accused petitioner had not been disputed at all but the point of diffe..Category: Criminal Law | Date: | Hits: 94
Khorshed Alam (Md) Vs. Hazi Mohiuddin and others, 2007, 36 CLC (AD)
....i, Advocate-on-Record—For the Respondents. Not represented—Respondents. Civil Petition for leave to Appeal Nos.1163 & 1164 of 2005. (From the judgment and order dated 16-4-2005 passed by the High Court Division in Civil Revision No. 2825 of 2003 and Civil Rev......ding back the suit on remand accepting the same pleas of the defendants which have been rejected by the Appellate Division and, as such, the impugned judgment having the effect of setting aside the decision of the Appellate Division cannot be sustained in law and it is also contended that the lan..Category: Procedural Law | Date: | Hits: 86
Gopal Das Soni and another Vs. Government of Bangladesh and others, 2002, 31 CLC (AD)
....tab Hossain, Advocate-on-Record—For the Petitioners Not represented—The Respondents Civil Petition for Leave to Appeal No.132 of 2001. (From the Judgment and order dated 14-8-200 passed by the High Court Division in Civil Revision No.4302 of 1999). Judgmen......at as it appears the said sketch map has been prepared in the background of the publication of the compensation assessment roll in the gazette the same carries legal weight in arriving at the decision as to the class of land in suit. As in the background of the materials on record the ..Category: Property Law | Date: | Hits: 27
Dawad Ali Sardar (Md) Vs. Kazi Mujibar Rahman and others, 2008, 37 CLC (AD)
.... Judgment MM Ruhul Amin J. - By this petition the petitioner seeks review of the judgment dated 5-12-2007 passed in criminal petition for leave to appeal No. 428 of 2006 dismissing the peti......rate) had no jurisdiction to frame charge under section 307 of the Penal Code but, in fact, the trial Court had jurisdiction and, as such, the High Court Division committed error in arriving at the decision. 7. From the judgment of the High Court Division passed in Criminal Revision No. 68..Category: Criminal Law | Date: | Hits: 34
Saimuddin (Md) Vs. Amjad Ali and others, 2007, 36 CLC (AD)
....t Nos. 1-6. Enayatur Rahim, Advocate instructed by AKM Shahidul Huq— For the Respondents. Civil Petition for Leave to Appeal No. 632 of 2005. (From the judgment and order dated 27-7-2004 passed by the High Court Division in Civil Revision No. 5411 of 2003). Judgm......Rule. 8. Hence is this petition. 9. In support of the petition Mr. Mostafa Niaz Mohammad, learned Counsel, submits inter alia, that the High Court Division committed error in the decision in discharging the Rule thereby affirming the order of the Joint District Judge who reject..Category: Property Law | Date: | Hits: 22
Government of Bangladesh Vs. AAM Salekuzzaman and another, 2000, 29 CLC (AD)
.... Ali, Advocate- on-Record—For Respondent No. 1. Not Represented — The Respondent No. 2. Civil Appeal No. 34 of 1999. (From the Judgment and order dated 1-3-98 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 24 of 1997). ...... respondent was not supplied with a copy of the first enquiry report, that the second and third enquiry were held in his absence without allowing him any opportunity to defend himself and thus the decision taken on the basis of the said two enquiry reports was not legally justified. ..Category: Administrative Law | Date: | Hits: 94
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