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Shafiqul Islam Chowdhury (Md.) and ors. Vs. Mustafizur Rahman and ors., 2008, 37 CLC (AD)
....tition as an alternative prayer. The appeal is accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......nts. Md. Khurshid Alam Khan, Advocate, instructed by ASM Khalequzzaman, Advocate-on-Record —For the Respondents. Civil Appeal No. 155 of 2003. (From the judgment and order dated 5-12-2001 passed by the High Court Division in Civil Revision No. 4631 of 2000). ......ed in: 60 DLR (AD)(2008) 42 ; V ADC (2008) 329. ......g of the question at issue and the dispute between the parties it is necessary to be apprised of the respective contentions of the parties. The plaintiffs purchased the suit land on 15-8-1975 from one Mrs. Anwanil Islam, wife of one Sirajul Islam, in RS Dag Nos. 2632, 2633 and 2637 from the west..Category: Property Law | Date: | Hits: 39
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ......Nawab Ali, Advocate-on-Record — For the Appellants. Not represented—The Respondents (In all the cases) Civil Appeal Nos. 227-229 of 2000. (From the judgment and order dated 24-2-1997 passed by the High Court Division in First Appeal Nos. 32, 92 and 147 of 1994...... Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ...... possession of land less than his share is always entitled to pray for partition by bringing a suit in a court of competent jurisdiction and if his claim is proved he is entitled to get land partitioned through court. A co-sharer in possession of land in excess of his share, is bound to part with..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ......ddique, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent No. 1. Civil Petition for Leave to Appeal No. 1407 of 2004. (From the judgment and order dated 18-2-2004 passed by the High Court Division in Writ Petition No. 3288 of 1999). ......dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ...... Appellate Division (Civil) Present: Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Golden Re-Rolling Industries Ltd............Petitioner Vs. Subordinate Judge, Artha Rin Adalat No. 1 Dhaka & another.......Respo..Category: Civil Law | Date: | Hits: 115
Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)
....trative Tribunal is not maintainable as no review was filed as per Rule 23 of the Rules in this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......ent: Mustafa Kamal J.- This appeal by the government-appellant is from the judgment and order passed by the Administrative Appellate Tribunal, Dhaka on 2-5-91 in Appeal No.49 of 1990 sett......n this case. Hence, on this ground alone I allow the appeal as the case was not maintainable. Ed. ......s not dispute that if no appeal is available to the respondent and a review only is available to him then review is optional and he can file the case before the Administrative Tribunal, as he has done, within 6 months form the date of order of dismissal, but he contends that Rule 16 of 1985 Rule..Category: Criminal Law | Date: | Hits: 33
National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)
....eement are not necessary for our present purpose. Clause 24 of the lease agreement is also not relevant to the subject matter of the appeal. 20. As seen from the schedule of the Tender published for leasing Balumahai in question and the lease Agreement dated March 19, 1988 land measu...... January 19, 2000 passed by the High Court Division in Writ Petition No. 3827 of 1998) Judgment Md. Ruhul Amin CJ: The appeal, by leave, has arisen out of the judgment and order dated January 19, 2000 of a Division Bench of the High Court Division in Writ Petition No, 38......dingly, the appeal is allowed without any order as to costs. Ed. ...... Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J National Tea Company Ltd..........................Appellant Vs. Deputy Commissioner, Habiganj and ors .....Respondents Judgment September 6 2007. ..Category: Property Law | Date: | Hits: 43
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ......, 2007. The Constitution of the People’s Republic of Bangladesh, 1972, Article 102 The Artha Rin Adalat Ain, 1990, Sections 6(1) and 7 An interlocutory order of the Artha Rin Adalat is final and conclusive and the aggrieved party cannot invoke revisio...... Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Harun-or-Rashid (Md.)...........................Appellant Vs. ...... order dated 24-1-2000 passed by the High Court Division in Writ Petition No. 4934 of 1999). Judgment Md. Joynul Abedin J.- This appeal by leave by the writ petitioner is from the judgment and order dated 24-1-2000 passed by a Division Bench of the High Court Di..Category: Banking Law | Date: | Hits: 157
Golam Sarwar Hiru Vs. State and other, 2002, 31 CLC (AD)
....rmity for our interference with the impugned judgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No.151 of 2001. (From the judgment and order dated 4th July,2001 passed by the High Court Division in Criminal Miscellaneous Case No. 1493 ......udgment of the High Court Division. Accordingly this petition is dismissed. Ed. This Case is also Reported in: 13 MLR (AD) 103; 14 BLC (AD) 26. ......; 14 BLC (AD) 26. ..Category: Criminal Law | Date: | Hits: 92
State Vs. Abdul Kader alias Kada and others, 2008, 37 CLC (AD)
....ts are directed to surrender to their respective bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......the Judgment and Order dated May 16, 1994 passed by the High Court Division in Criminal Appeal No. 1026 of 1991) Judgment Md. Ruhul Amin CJ.- This appeal, by leave, is against the judgment and order dated May 16, 1994 of a Division Bench of the High Court Division in Criminal Appeal No. 1026 ......ve bail bond to serve out the remaining part of their sentence awarded by the trial Court. Ed. This Case is also Reported in: 19 BLT (AD) 2011, 38. ......o suffer imprisonment for life. The learned Sessions Judge by the same judgment acquitted accused Abdus Samad Mondal of the charge leveled under sections 302/34 of the Penal Code. 2. The aforementioned convicts filed Criminal Appeal No. 1026 of 1991 as against the judgment and order of the Court ..Category: Criminal Law | Date: | Hits: 44
Tariqul Islam Khan Vs. Mohammad Hanif & ors, 2008, 37 CLC (AD)
....ling for interference by this court. 18. In the above facts and circumstances we find no merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......espondent No.2-4, 6 & 7(In C. P.No.747 of 2007) Civil Petition for Leave to Appeal Nos.746, 745 & 747 Of 2007 (From the judgment and order dated 23.04.2007 and 24.04.2007 passed by the High Court Division in Writ Petition Nos.7189, ......o merit in the leave petitions. Accordingly all the three petitions are dismissed. Ed. ......n (Civil) Present: Md. Ruhul Amin CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Tariqul Islam Khan...............................Petitioner (In all cases.) Vs Mohammad Hanif & ors....................Respondents (In ..Category: Trust/Waqf Law | Date: | Hits: 199
Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)
....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......Not represented- Respondent Nos. 6-8 Civil Petition for Leave to Appeal No.186 of 2004. (From the judgment and order dated 18.11.2003 passed by the High Court Division in First Miscellaneous Appeal No. 264 of 2......on of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......l) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Md. Salahuddin Khan.............................................Petitioner Vs. Most. Halima Akhter Khatoon and others…................Respondents ..Category: Property Law | Date: | Hits: 36
Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)
....the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......ructed by Syed Mahbubur Rahman, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 67 of 2007. (From the judgment and order dated 12.12.2006 passed by the High Court Division in Civil Revision No.2633 of 2004.) Jud...... to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:......n:..Category: Election Law | Date: | Hits: 162
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ...... Advocate-on- Record-For the Petitioners Mahmuda Begum, Advocate-on-Record-For the Respondent Civil Petition for Leave to Appeal No. 1432 Of 2004 (From the judgment and order dated the 17th July, 2004 passed by the High Court Division in Civil Petition No.3656 of 2003...... the petition is dismissed. Ed. ......preme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Abdul Awal and others.........Petitioners Vs. Narayan Chandra Das.........Respondent Judgment August 2, 200..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
.... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ......p; Civil Petition for Leave to Appeal No. 1427 of 2005 From the judgment and order dated the 26th June, 2004 passed by the High Court Division in Civil Revision No.2103 of 1992......ner. Accordingly, this application is dismissed. Ed. ......urt Appellate Division (Civil) Present: Muhammad Fazlul Karim J Md. Joynul Abedin J Md. Suruzzman.....................................................Petitioner Vs. Md. Ahamed Ali and others........................ ...........Respondents ..Category: Property Law | Date: | Hits: 51
Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)
....t no error was committed by the AAT in allowing the appeals and thereby in setting aside the judgment and order of the AT. Accordingly the petitions are dismissed. Ed. ......e to appeal have been filed against the judgment dated November, 19, 2003 in Administrative Appellate Tribunal (AAT) Appeal Nos. 19 and 51 of 2001. The appeals were filed against the judgment and order dated January 7, 2001 passed in Administrative Tribunal (Dhaka) Case No. 227 of 1992. The Ad......e AT. Accordingly the petitions are dismissed. Ed. ......t: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bang..Category: Administrative Law | Date: | Hits: 125
State Vs. Joinal Fakir & another, 2008, 37 CLC (AD)
....sion 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. The petition is dismissed. Ed. ......atun, Advocate-on-Record- For the Petitioner Not represented- Respondents Criminal Petition for Leave to Appeal No. 59 of 2005. (From the judgment and order dated 28.06.2004 passed by the High Court Division in Death Reference No.26 of 2001.) ...... Division upon correct assessment of the materials on record arrived at a correct decision. The petition is dismissed. Ed. ......t Appellate Division (Criminal) Present: M. M. Ruhul Amin J Md. Hassan Ameen J Md. Abdul Matin J The State......................................Petitioner Vs. Joinal Fakir & another.........Respondents Judgment Novemb..Category: Criminal Law | Date: | Hits: 36
State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)
....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......d. Ahsan Ullah Patwary, Advocate-on-Record- For the Petitioner Not represented- For the Respondent Criminal Petition for Leave to Appeal No. 81 of 2001. (From the judgment and order dated 29- 3-2001 passed by the High Court Division in Criminal Appeal No.2625 of 2000) ......d by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......ellate Division (Criminal) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed Ahammed J The State......................................Petitioner Vs. Md. Liton Miah @ Babu.........Respondent Judgment July 27, 20..Category: Criminal Law | Date: | Hits: 44
Khalid Alom Chowdhury Vs. State, 2008, 37 CLC (AD)
....n filing the revisional application. 13. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ......udgment: Md. Ruhul Amin CJ.- This petition for' leave to appeal is directed against the order dated June 13, 2005 of a Single Bench of the High Court Division in Criminal Revision No. 656...... the background of the discussion made hereinabove we find no merit in the petition. Accordingly, petition is dismissed. Ed. ...... Supreme Court Appellate Division (Criminal) Present: Md. Ruhul Amin CJ Mohammad Fazlul Karim J M.M. Ruhul Amin J Khalid Alom Chowdhury......Petitioner Vs The State.........................Respondent Judgment September..Category: Criminal Law | Date: | Hits: 44
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....am and his wife Gulshan Begum during survey under the State Acquisition and Tenancy Act, 1950 in plot Nos.298/302 and 298/303 appertaining to S.A. Khatian Nos.196 and 197. Such record of rights published sometime in 1964. On the basis of such record of right the plaintiff possessed the suit ......lam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For Respondent. Not represented-Nos. 9-21. Civil Petition for Leave to Appeal No. 855 of 2004 (From the judgment and order dated 20.04.2004 passed by the High Court Division in F. A. No.68 of 2002 with Civil Rule No. ......ur discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ......in CJ M. M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Messrs N. F. M. Universal Estate Ltd. represented by its Managing Director Abdul Awal (Minto).........................Petitioner Vs. A. N. M. Obaidul Islam being dead his heirs: Gulshan Begum and others.........Respon..Category: Property Law | Date: | Hits: 75
Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)
....sion of the suit land 8. In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......or the Petitioner Not represented- Respondent Civil Petition for Leave to Appeal No. 1298 of 2002 (From the judgment and order dated 15.06.2002 passed by the High Court Division in Civil Revision No.3857 of 1998.) ......es, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......ismissed. Ed. ..Category: Property Law | Date: | Hits: 30
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
.... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ......spondent Nos. 2-11 Civil Petition for Leave to Appeal No. 370 of 2002. (From the judgment and order dated 03.12.2001 passed by the High Court Division in Civil Revision No.1433 of 1997.) ......gment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ...... Md. Ruhul Amin J M.M Ruhul Amin J Md. Ujir Biswas and another …………………………………… Petitioners Vs. Md. Karim Box Sardar & others...............................Respondent..Category: Property Law | Date: | Hits: 39
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