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Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... by Sufia Khatun, Advocate-on-Record— For Respondent Nos. 1-2. Not represented—Respondent Nos. 3-23. Civil Appeal No. 152 of 2002. (From the judgment and order dated 9th August, 2000 passed by the High Court Division in Civil Revision No. 3175 of 1993). ...... Rule absolute holding that the defendants are bona fide purchasers for value without notice and this aspect of the matter has not been discussed by the courts below properly and in support of its decision the High Court Division referred to the case of Mukhtar Hossain Khan vs Suresh Chandra De..Category: Property Law | Date: | Hits: 41
Noor-e-Alam Jahangir (Md), English Teacher, Rifles Pub School & College Vs. BD, 2008, 37 CLC (AD)
....b Hossain, Advocate-on-Record—For the Respondent No. 7 Not represented—Respondent Nos. 3-6. Civil Review Petition No. 122 of 2005. (From the judgment and order dated 12th June, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 14......h was filed challenging the judgment and order dated 5-7-2004 passed by the High Court Division in Writ Petition No. 4211 of 2003 discharging the Rule on the ground of maintainability following the decision reported in 48 DLR (AD) 121. 2. The petitioner filed the above writ petition chal..Category: Employment/Service Law | Date: | Hits: 68
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
...., Advocate-on-Record—For Respondent No. 1. Not represented-Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 1228 of 2005. (From the judgment and order dated 3-4-2005 passed by the High Court Division in Civil Revision No. 2898 of 1999). Judgm......e and register any kabala in favour of the plaintiff. 6. We are of the view 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: Property Law | Date: | Hits: 37
Bangladesh and others Vs. Nawab Abdul Malik Jute Mills Ltd., 2007, 36 CLC (AD)
....—for the Appellants. Rafique-ul Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Appeal No. 322 of 2001. (From the judgment and order dated 7-9-1997 passed by the High Court Division in Writ Petition No. 939 of 1997) Judgment ......cquired land remained unutilised by the requiring body. Since acquisition as it remained unused by the Government, the same should be de-requisitioned and returned to the original owners since policy decision was taken by the Government in 1984 and in the meantime in so many LA cases unused lands ha..Category: Property Law | Date: | Hits: 46
Asaduzzaman (Md) Vs. Bangladesh, 1990, 19 CLC (AD)
....ry, Ministry of Law and Justice & others........Respondents Judgment January 30, 1990. Result: The appeal is dismissed. The Constitution of Bangladesh, 1972 (as amended up to date) Articles 38 & 102 Though membership to the Society is open to all citizens of Banglades...... passages from State of Madras Vs. V.G. Row, AIR 1952 (SC) 196, Abul-A'la Maudoodi Vs. Government of West Pakistan, PLD 1964 (SC) 673, Damyanti V. Union of India AIR 1971 (SC) 966 and from some other decisions as well. 27. In Madras Vs. V.G. Row AIR 1952 (SC) 196 the Indian Supreme Court consider..Category: Constitutional Law | Date: | Hits: 170
Rafiqul Alam (Md) Vs. Mustafa Kamal and others, 1990, 19 CLC (AD)
.... Senior Advocate, instructed by M. Nowab Ali, Advocate-on-Record— For Respondent No.1 Not represented—Respondent Nos. 2 & 3. Civil Appeal No. 82 of 1989. (From the judgment and order dated 6.8.89 passed by the High Court Division, Rangpur Bench in Civil Revision Case No. 196 of 1988......at no election shall be called in question except by an election-petition before the Tribunal constituted under the said ordinance. In this connection, the learned counsel has referred to a number of decisions, in particular, the decision of this Court in the cases of A.F.M. Shah Alam and others, re..Category: Election Law | Date: | Hits: 173
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
..... Khan, Senior Advocate (M.A. Wahhab Miah, Advocate with him), instructed by Mohammad Ayub, Advocate-on-Record— For the Respondent. Civil Appeal No. 30 of 1989. (From the judgment and order dated 8.6.1988 passed by the High Court Division, Chittagong Bench, Chittagong in Civil Revision No.......f the testator on the basis of an alleged agreement for sale between herself and the testator. As has been noticed she has already filed a suit for specific performance of a contract. 7. Number of decisions have been cited by the High Court Division in coming to the conclusion— "We are of th..Category: Property Law | Date: | Hits: 80
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....ent October 31, 1989. The Bangladesh Abandoned Properties (Management, Control and Disposal) Order, 1972 (P.O. No. 16 of 1972) Section 2 The Constitution of Bangladesh, 1972 (as amended upto-date) Articles 102 & 103 A mere denial by the respondent of a fact in issue raised by the pet......igh Court Division however referred to Daryao and others Vs. State of U P and others AIR 1961 (SC) 1457 wherein it was held that if a writ application is decided on merits as a contested matter the decision will operate as a res judicata in a subsequent Writ petition. 9. In Writ Petition No. 68..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....Sufia Khatun, Advocate-on Record - For Respondent No. 1. Not represented-Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.67 of 2004 (From the judgment and order dated 16.11.2002 passed by the High Court Division in Civil Revision No.1816 of 2002.) Judg......r and as such the learned Joint District Judge is absolutely justified in rejecting the said petition. 27. The learned single Judge of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave pet..Category: Property Law | Date: | Hits: 33
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....1-3 Jillul Huq, Senior Advocate, instructed by Sufia Khatun, Advocate-on-Record- For Respondent Nos. 4-7 Added party) Civil Appeal No.188 of 2004. (From the judgment and order dated 28.05.2003 passed by the High Court Division in Civil Revision No. 5090 of 2002.) Judg...... and hence the appeal is liable to be dismissed. He next submits that the provisions of Article 183(3) of the Limitation Act has no manner of the application in this case because there has been no decision in the review case either granted or refused rather the same was dismissed for default and..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
.... Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner Not represented- Respondents Civil Petition for Leave to Appeal No. 1325 of 2004. (From the Judgment and Order dated June 16, 2004 passed by the High Court Division in Civil Revision No.1519 of 1992) Judgmen......use". So also the same approach has to be evidenced in its application to matters at hand with the end in view to do even-handed justice on merits in preference to the approach which scuttles a decision on merits". 8. In the case of Province of East Pakistan Vs. Meajan Ali Ahmed and 1..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....vocate-on-Record-For Respondent No. 5 Ex-parte-Respondent No. 1 Not represented-Respondent Nos. 2-4 & 6-27 Civil Appeal No. 48 to 53of 1995 (From Judgment and Order dated 5th April, 1995 passed by the High Court Division, Dhaka in F.A. No. 255 of 1991(Dhaka) with ......uit was dismissed and the S.C.C. suits were decreed by the trial Court with costs. 10. It was argued on behalf of the plaintiff- appellants in the High Court Division that the aforesaid decision 38 DLR (AD) 97 has no manner of application in the facts and circumstances of the present..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
.... Lawyers Involved: Sharifuddin Chaklader, Advocate-on-Record-For the Appellants. Ex-parte-For the Respondents. Civil Appeal No. 47 of 1995 (From the judgment and order dated May 17,1994 passed by the High Court Division, Dhaka in Civil Revision No. 8035 of 1991) ......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....-For the Appellant Mahbubur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-3 Civil Appeal No. 127 of 2000 (From the Judgment and Order dated 09.08-1998 passed by the High Court Division, in Writ Petition No. 1659 of 1995). Judg......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Md. Wasim Mia Vs. State, 2005, 34 CLC (AD)
....ed by A.K.M. Shahidul Huq, Advocate-on- Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 137 of 2003 (From the Judgment and Order dated 9.04.2003 passed by the High Court Division Criminal Appeal No. 473 of 2002) Judgement......ioner. Hence is the petition. 3. In support of the petition Mr. A.F.M. Mesbahuddin, the learned Senior Advocate, submits inter alia, that the High Court Division Committed error in the decision ignoring the fact that out of 15 witnesses, none, including the informant and the vic..Category: Criminal Law | Date: | Hits: 57
Selim A Khan Vs. Md. Harun Malik and another, 2006, 35 CLC (AD)
....shy;ed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for Leave to Appeal No. 192 of 2003 (From the Judgment and Order dated 30.04.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 1761 of 2001)......t of the High Court Division and we do not find that there is any error of law calling for interference by us. In view of the discussion made above the petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 30
Abdur Rouf Sarder Vs. State, 2007, 36 CLC (AD)
....ed by Mrs. Sufia Khatun, Advocate-on-Record-Petitioner. Not represented-Respondent. Criminal Petition for leave to Appeal No. 362 of 2005 (From the Judgment and Order dated 21.06.2005 passed by the High Court Division in Criminal Appeal No. 1716 of 1994) Jud......r has been given a goodbye by the trial Court as well as by the High Court Division. 9. In support of his submissions, the learned Counsel referred to various decisions including the decision in the case of Siddique Munshi vs. the State reported in 44 DLR (AD) 169 . 10. We..Category: Criminal Law | Date: | Hits: 52
S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)
....structed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent No. 2. Criminal Petition For Leave to Appeal No. 177 of 2003 (From the Judgment and Order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001) ...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 36
Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....olved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent Criminal Petition for leave to Appeal No. 85 of 2004 (From the Judgment and Order dated 15.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 1634 of 2004)......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)
....Advocate, instructed by Md. Nowab Ali, Advocate-on-Record-For the Petitioner. Not represented-Respondent. Criminal Petition for Leave to Appeal No. 193 of 2003 (Form the Judgment and Order dated 03.08.2003 passed by the High Court Division in Criminal Appeal No. 777 of 1987) Judgment ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
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