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Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
....Court, with him) instructed by M. Nawab Ali, Advocate on Record- For Respondent No. 1. Not represented- Respondent No. 2. Civil Appeal No. 12 of 1992 (From the Judgment and Order dated 12-8-91 passed by the High Court Division in Civil Revision No. 482 of 1988) Judgment&n......Rule in the aforesaid Civil Revision case, which was discharged on contest by the judgment and order appealed from. 3. Leave was granted virtually to consider as to whether in view of the decision of this Division that interest in a monthly tenancy is heritable and the fact that the ex p..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....llants A. J. Mohammad Ali, Additional Attorney General instructed by B. Hossain, Advocate-on-Record- For the Respondents Civil Appeal No. 323 of 2001 (From the Judgment and Order dated 13.07.2000 passed by the High Court Division in Writ Petition No. 1605 of 1998) Judgmen......alami money but instead of passing the Chalan the allotment was cancelled by letter dated 09.06.1998. 8. Mr. Ahmed argued that this Annexure-I was issued by the Deputy Commissioner as per decision taken in a meeting at the local Circuit House presided over by the them Minister in charge ..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....Senior Advocate, (Subrata Chowdhury, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record- For the Respondent Civil Appeal No. 134 of 2001 (From the Judgment and Order dated 16th May passed by the High Court Division in Writ Petition No. 1655 of 1999)  ......ated 27 October, 1998 canceling the result of B.Sc. (Honours) and M.Sc. examination the High Court Division was in error in making direction to publish the result of the respondent without giving any decision as to the legality of the order of cancellation of the results of the aforesaid examin..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....te-on-Record- For the Appellants. Sharifuddin Chaklader, Advocate-on-Record- Respondent Nos. 1-6. Ex-parte- Respondent No.7-8. Civil Appeal No.92 of 1999. (From the Judgment and Order dated 27- November 1984 passed by the High Court Division Chittagong Bench in Second Appeal No.279 o......asible title." 21. The said finding as to adverse possession has basis in pleading and evidence on record and accordingly could not be disturbed in the second appeal. In the aforementioned decision in 30 DLR (SC) 81 it was held that the High Court division was not competent to interfere w..Category: Procedural Law | Date: | Hits: 112
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....nt Dr. Rafiqur Rahman, Senior Advocate, instructed by Md. Serajur Rahman, Advocate-on-Record- For the respondent. Civil Appeal No. 41 and 42 of 2000. (From the Judgment and Order dated 19.03.1998 passed by the High Court Division in Civil Revision No. 4183 and 4184 of 1996) ......), Chandpur under section 9 of the Specific Relief Act for getting back possession of the suit property. The learned Munsif (now Assistant Judge) on 30.12.1982 decreed the suit. Against the said decision the defendants preferred Civil Revision No. 109 of 1982 before the learned District Judge, ..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....enior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For Respondent Nos. 1-3 Not represented- Respondent No. 4 Civil Appeal No. 72 of 2003 (From the judgment and order dated 23.08.2001 passed by the High Court Division in Civil Revision No. 1998 of 1999.) Judgm...... by the appellate court was set aside. 5. Leave was granted to consider the submission that the learned Single Judge of the High Court Division committed an error of law in reversing the decision of the appellate court in view of the finding of the appellate court that the plaintiff res..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ts. Habibul Islam Bhuiyan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-record.....For the Respondent. Civil Appeal No. 119 of 1999. (From the Judgment and Order dated 6th June, 1999 passed by a Single Bench of the High Court Division in Civil Revision No. 372 o......s no existence of the application dated 20-4-1995 and this kind of non consideration is a non application of judicial mind which not only caused a failure of justice resulting in an error in the decision but also caused prejudice to the appellants. 8. Mr. Habibul Islam Bhuiyan, the learn..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
.... Sobhan, Senior Advocate (Moqbul Ahmed with him) instructed by Md. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents Civil Appeal No. 441 of 2001 (From the judgment and order dated 06.11.2000 passed by the High Court Division in Writ Petition No. 2999 of 1999) Judgmen......but was posted for hearing as "application", the High Court Division committed grave error of law in deciding the writ petition on merit and such error led to error in the decision in discharging the Rule with cost on a date not fixed for hearing of the Rule and the ..Category: Property Law | Date: | Hits: 57
Mashuq Mia @ Iqbal Vs. The State, 2006, 35 CLC (AD)
.... Razzaque Khan, Additional Attorney General instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondent. Criminal Appeal No. 32 of 1999. (From the Judgment and Order dated 02.06.1999 passed by the High Court Division in Criminal Appeal No. 2777 of 1998) ......sion rightly convicted the appellant under section 324 of the Penal Code and we find no cogent reason to interfere with the same. The appeal is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 95
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 32 CLC (AD)
....- For the Appellant. Nitai Roy Chowdhury Advocate instructed by Mvi. Md. Wahidullah Advocate-on-Record- For the Respondent. Civil Appeal No. 214 of 2000 (From the Judgment and Order dated 3rd November, 1999 passed by the High Court Division Writ Petition No. 3453 of 1998) Moham......ith reference to the relevant provisions of the concerned SRO. In view of the above matter, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 130
Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
.... Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record- Respondent No. 2 Ex-parte- Respondent No. 1 Civil Appeal No. 77 of 1999 (From the Judgment and Order dated 5th July 1998 passed by the High Court Division in Civil Revision No. 3266 of 1997) ......the factum of possession but the learned Single Judge without determining this primary and vital issue, decided the title and merit of the suit in its revisional jurisdiction and wrongly reversed the decision of the Courts below and that both the trial Court and the appellate Court upon proper ..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....y Chakma, Assistant Attorney General, with him), instructed by Mr. Ahsanullah Patwary, Advocate-on-Record-For the Respondent Civil Appeal No. 09 of 2001 (From the Judgment and Order dated 4th April 1996 passed by the High Court Division in First Miscellaneous Appeal No. 82 of 1993)......ant to submit their claim in details and item-with all related papers to the concerned Executive Engineer. The Additional Chief Engineer by his aforesaid Memo also informed that he will give his decision in the matter on getting their claim with comments of the concerned officer. The con&s..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....pellant. Mvi. Md. Wahidullah, Advocate-on-record-For the Respondent Nos. 3 & 4. Not Represented-Respondent Nos. 1, 2, 5-96. Civil Appeal No. 51 of 2000 (From the Judgment and Order dated February 6,2000 passed by the High Court Division in Writ Petition No. 227 of 2000) Judgme......eir seniority and that case being still pending as such a writ petition for determination of seniority under the provision of Article 117(2) of the constitution being barred and also in view of the decisions of the High Court Division, the High Court Division acted without jurisdiction in issuin..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....nbsp; B. Hossain, Deputy Attorney General, instructed by Shamsul Hague Siddique, Advocate- on- Record......For Respondent No. 3 Civil Appeal No. 27 of 1991 (From the Judgment and Order dated 5. 3. 89 passed by the High Court Division in Appeal From Original Decree No. 40 of 1985).&nbs......overnment under Articles 15 and 16 of President's Order No. 16 of 1972, if he is so advised. 11. Mr. M.A. Wahab Miah, learned Advocate appearing for the plaintiff-appellant cited some-decisions, which are not at all relevant for our considerations. He argued that admittedly the appel..Category: Civil Law | Date: | Hits: 128
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....d Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-4. Ex-parte-Respondent Nos. 5-56 Civil Appeal No. 199 of 2001 (From the Judgment and Order dated 8 March, 1999 passed by the High Court Division in Civil Revision No. 2181 of 1997) ......urts as a final court of fact. 11. It is further contended that there is no misreading or non-consideration of the material evidence on record by the appellate court who reversed the decision of the trial court and as such the judgment of the High Court Division calls for no interfe..Category: Property Law | Date: | Hits: 73
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....ue Ahmed, Senior Advocate, (Subrata Chowdhury, Advocate with him), instructed by Sufia Khatun, Advocate-on-Record- For the Respondent. Civil Appeal No. 28 of 1996 (From the judgment and order dated 22.08.1994 passed by the High Court Division in First Appeal No.57 of 1992) Judgment&nb......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Shafiqur Rahman and others Vs. Mahbub Ali and others, 2006, 35 CLC (AD)
....ammad Ali, Advocate-on-Record, For Respondent Nos.1-4 Respondent Nos.5-26- Not represented. Civil Petition For Leave To Appeal No. 503 of 2004. (From the judgment and order dated 02.11.2003 passed by the High Court Division in First Appeal No.377 of 1996.) Judgment&......interest in the suit land. 8. 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. We do not find any cogent reason to interfere with the same. Accordingly, the leav..Category: Property Law | Date: | Hits: 66
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....he Civil Review Petitions). Not represented—Respondent Nos. 2-5 (In both the Civil Review Petitions). Civil Review Petition Nos. 2-3 of 2006. (From the judgment and order dated 26th May, 2004 passed by the Appellate Division in Civil Appeal Nos.45 of 1993 and 86 of 199......cer's order is passed with jurisdiction. No order is an order passed under any Act if it was not passed in exercise of power granted by the Act and was, therefore, without jurisdiction. The decided decision apart from the case of Secretary of State vs. Mask reported in AIR 1945 (PC) 709 not..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....y Aftab Hossain, Advocate-on-record- For Respondent No. 1. Not represented- Respondent Nos.2-3. Civil Appeal No. 215 of 2002. (From the Judgment and Order dated December 6, 2000 passed by the High Court Division in Writ Petition No.4666 of 1999) ......05. The Constitution of Bangladesh, 1972, Article 105 Scope of interim relief in a case Substantial part of the relief in the case, while the case is pending for final decision, cannot be given by way of interim relief………………&..Category: Employment/Service Law | Date: | Hits: 109
State Vs. Mofizuddin and others, 2006, 35 CLC (AD)
....................Petitioner. Vs. Mofizuddin and others ......... Respondents. Judgment 29 November 2005 Criminal Petition For Leave To Appeal No. 135 of 2O04. (From the judgment and order dated 15.02.2004 passed by the High Court Division in Death Reference No. 40 of 2001 and Criminal Ap......hy;sional statement of accused Mafizuddin is not true and voluntary. 10. In our view, the High Court Division upon proper and correct assessment of the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Accordingly, the petition ..Category: Criminal Law | Date: | Hits: 83