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Giasuddin (Md) Vs. MV Forum Power and ors, 2001, 30 CLC (AD)
....realisation of Taka 11,59,882.25 with cost against the defendant respondent Nos. 1-5 as prayed for. Ed. This Case is also Reported in: 53 DLR (AD) (2001)19 ......nt. Mvi. Md Wahidullah, Advocate-on-Record—For Respondent No. 4. Ex-parte—Respondent Nos. 1-3, 5-9. Civil Appeal No.13 of 1999. (From the judgment and order dated 3-8-1999 passed by the High Court Division in Admiralty Suit No.48 of 1996). ...... Mahmudul Amin Choudhuiy J &n......ged receipt of those provisions and laundry service by issuing certificate. Plaintiffs sent those bills to the defendant No.4. On the request of defendant Nos.2 and 3 the plaintiff also supplied stationery amounting to US $ 134.00. Plaintiff demanded payment of the bills for the aforesaid goods supp..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
....ed much more votes than secured by him from his own ward and contiguous wards and would have been elected chairman. So he filed election petition on 5-3-1998 after the result of the said election was published in the official gazette on 22-2-1998, Appellant has been contesting the election petition ...... amendments can not be struck down. ……………………(11) (ii) The High Court Division should not entertain writ petitions against interlocutory orders passed by the Election Tribunal in the interest of speedy disposal of election petitions &h......so Reported in: 53 DLR (AD) (2001) 17 ......oheskhali alleging that his co-villager respondent No. 3 a disqualified candidate was set up by the appellant to contest the election to adversely affect the chances of election of the election petitioner respondent No. 2 in spite of objection by him. Though his nomination paper was rejected by the ..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....rrect appreciation of both law and fact. There is therefore no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 12. ......tructed by AKM Shahidul Huq Advoqate-on-Record - For Respondent No. 1. Not Represented — Respondent Nos. 2-12. Civil Petition for Leave to Appeal No. 125 of 2000. (From the Judgment and order dated 18th November, 1999 passed by the High Court Division in Civil Revision No. 2757 of 1999......e is also Reported in: 53 DLR (AD) (2001) 12. ......ent: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Abdul Jalil and others.................................Petitioners Vs. Islamic Bank Bangladesh Ltd. and others.... ............Respondents Judgment ..Category: Property Law | Date: | Hits: 101
Shahid Miah Vs. State, 2000, 30 CLC (AD)
.... section 561A Cr.P.C. by the High Court Division. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ......dvocate instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioners. Not resented—The Respondents. Criminal Petition for Leave to Appeal No. 208 of 1999. (From the judgment and order dated 7-7-1999 passed by the High Court Division in Criminal Misc Case No. 4023 0f 1999). ......ion. 6. The submissions do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 11. ......d in: 53 DLR (AD) (2001) 11. ..Category: Criminal Law | Date: | Hits: 109
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ......he Petitioners. Md. Nazrul Islam, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 914 of 1998. (From the Judgment and order dated 15-6-1998 passed by the High Court Division in Civil Revision No. 2038 of 1994). Jud......t: The petition is dismissed. The Constitution of Bangladesh, 1972, Article 109 The Code of Civil Procedure, 1908 (V of 1908), Section 115 In a case where a statute bars entertainment of a revision the exercise of supervisory power under Article 109 of the Constitution is not ......pellate Division (Civil) Present: Latifur Rahman CJ Bimalendu Bikash Roy Choudhury J AMM Rahman J Kazi Ebadul Hoque J Hosne Ara Begum and another....................Petitioners Vs. Islami Bank Bangladesh Limited.....................................Respondents ..Category: Business or Commercial Law | Date: | Hits: 148
Shah Sufi Taj Islam Vs. Begum Rokeya Chowdhury and another, 2000, 29 CLC (AD)
....missions made by Mr. Mahbubey Alam, the learned Advocate for the petitioner, do not merit consideration. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......e Petitioner Md. Nawab Ali, Advocate-on-Record— For Respondent No. 1. Not represented— Respondent No. 2. Civil Petition for Leave to Appeal No. 70 of 1998. (From the Judgment and order dated 2-3-1997 passed by the High Court Division in Civil Revision No. 1469 of 1992). Jud....... Ed. This Case is also Reported in: 53 DLR (AD) (2001) 7. ......Civil) Present: Bimalendu Bikash Roy Choudhury J AMM Rahman J Mahmudul Amin Choudhury J Kazi Ebadul Hoque J Shah Sufi Taj Islam........................................Petitioner Vs. Begum Rokeya Chowdhury and anr...........................Respondents Judgment ..Category: Civil Law | Date: | Hits: 162
Mahmudul Islam alias Ratan vs. State, 2000, 29 CLC (AD)
....ge of the High Court Division. Let a copy of this judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... an explanation that due to fear of his life he did not disclose immediately to the police details of the occurrence and finding the same satisfactory and considering the present condition of law and order situation in the country and finding no infirmity in the statement of this witness before the ......is judgment be transmitted to the author Judge of the High Court Division forthwith. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 1. ...... under sections 302/34 of the Penal Code and sentencing the accused-respondents to suffer imprisonment for life and to pay a fine of Taka 5,000.00 each, in default to suffer rigorous imprisonment for one year more. 2. This case relates to murder of Munir Hossain and Khaleque @ Khaled and an attem..Category: Criminal Law | Date: | Hits: 108
Tara Mia & others Vs. Taru Mia & others, 2006, 35 CLC (AD)
....e, we are of the view that the High Court Division did not commit any error in allowing the appeal. Accordingly, the appeal is dismissed with costs. Ed. ......ocument of they year 1935 should be disbelieved. The respondents submitted certified copy of this registered kabala of the year 1935 Ext. A by a separate paper book. They also filed photo copy of the order dated 13.08.1960 passed by Assistant Settlement Officer, Sylhet in objection Case No. 629 unde......nbsp; Accordingly, the appeal is dismissed with costs. Ed. ...... March 1964 for an amicable partition, which the defendants refused and hence the suit. 3. The defendants contested the suit by filing a joint written statement stating, inter alia, that one Yasin Ali of Village Bagha had jote right in the suit land under Sajjad Ali and others. The said..Category: Property Law | Date: | Hits: 76
Mostafa alias Mosto Vs. State, 2006, 35 CLC (AD)
.... the explanations offered for condonation of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nbsp; Syed J. R. Mudassir Husain J: This Criminal-petition for leave to appeal is directed against the judgment and order dated 16.01.2001 passed by a Division Bench of the High Court Division in Criminal Appeal No. ......of delay are far from satisfactory. For the above reasons, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......missed. Ed. ..Category: Criminal Law | Date: | Hits: 94
State Vs. Nurul Islam, 2006, 35 CLC (AD)
....esh Ali kabiraj of village Putia, Police Station Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ...... Syed J. R. Mudassir Husain J. - The State, the leave petitioner is seeking leave to appeal against the judgment and order dated 20-1-2000 passed by a Division Bench of the High Court Division in Criminal Appeal No. 6......tation Bhedorganj, District, Shariatpur be arrested immediately and then enlarged on bail to the satisfaction of the Deputy Commissioner Concerned. Ed ......he Deputy Commissioner Concerned. Ed ..Category: Criminal Law | Date: | Hits: 106
Syed S.M. Hasan Vs. Bangladesh, 2002, 31 CLC (AD)
....le of equity and good conscious. In the result, this appeal is dismissed without an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ...... the list of their legitimate expectation to be promoted in due course. 36. The list should be shorter one considering the vacant available posts. The authority would, however, order for impaneling the officers keeping in mind the proportion to the posts lying vacant......out an order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 76. ...... leave arose to consider the following grounds: I. Because the High Court Division failed to appreciate the nature of the right which had accrued to the petitioner that could not be denied or defeated without reasonable reasons and the plea of the expiry..Category: Administrative Law | Date: | Hits: 130
Mahmuda Khatun and others Vs. Abul Younus Talukder, 2006, 35 CLC (AD)
.... the trial Court and rather they accepted it. 8. Thus, in the facts and circumstances of the case we find little substance in this appeal. Accordingly, it is dismissed with costs. Ed. ......bsp; Muhammad Abdur Rouf J.- This appeal by leave has been preferred by 3 (three) substituted heirs of the plaintiff late Dr. Md. Ismail Khan from the judgment and order of a learned Single Judge of the High Court Division dated 12-8-91 passed in Civil Revision No......eal. Accordingly, it is dismissed with costs. Ed. ......vs. Kazal Das Sharma and others reported in 44 D.L.R. (AD) 1, Mr. S.R. Pal, learned Advocate of the Appellants, sought to argue that the decree passed in O.C. Suit No. 29 of 1972 being an indivisible one and all the heirs of the decree-holder late Dr. Md. Ismail Khan having not been made parties in ..Category: Procedural Law | Date: | Hits: 83
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......sp; M. M. Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 13.07.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 16......t Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......f 1998 discharging the Rule. 2. Short facts are that the appellant No. 1, a Public Limited Company and the appellant No. 2, Managing Director of the said Company filed the above mentioned writ petition stating, inter alia, that the Government of Bangladesh allotted 5 acres of land o..Category: Property Law | Date: | Hits: 127
The Vice-Chancellor Chittagong University Vs. Mohammad Nurul Amin Chowdhury, 2006, 35 CLC (AD)
....g that respondent having had fulfilled the requisites i.e. having had passed subsidiary examination and thereupon the order withholding the result as became inoperative the University was required to published the result of the respondent, that respondent having had challenged the legality of the Me......"Mr. Hasan Ariff, the learned Counsel appearing for the petitioner, submits that the learned Judges of the High Court Division misread and misconstrued the Memo dated 27 October, 1998 as an order withholding B.Sc. (Honours) and M.Sc. examination results and thereupon erred in holding ......sel for the appellant. The appeal is accordingly dismissed without any order as to costs. Ed. ......he issue beyond the pleadings and the impugned order dated 27th October, 1998, that the learned Judges of the High Court Division were in serious error in declaring withholding of result of the petitioner as unlawful, since none of the order impugned in the writ petition shows that result of the pet..Category: Constitutional Law | Date: | Hits: 154
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....aken lease of by Baisnab from one Ram Krishna Charan and others. The presumption of the C.S. Khatian under Section 103(B) of the Bengal Tenancy Act is that every entry in a record of rights finally published shall be the evidence of the matter referred to in such entry and shall be presumed to b......r non consideration of evidence or any error of law or procedure affecting the merit of the case. 25. The result is, therefore, this appeal is allowed with costs. The impugned judgment and order of the High Court Division are set aside and those of the learned District Judge duly affirmin......ly affirming those of the learned Munsif are restored. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 16. ......native for recovery of possession if found to be out of possession stating, inter alia, that the suit land comprising of Schedule 1 and 2 recorded in C.S. Khatian No.2 and 2A originally belonged to one Baisnab Chandra Dey who was succeeded by son Abhoy Charan Dey. After the death of Abhoy Charan D..Category: Procedural Law | Date: | Hits: 112
Additional Deputy Commissioner (Revenue) Vs. Sree Ratan Chandra Roy and others, 2006, 35 CLC (AD)
....its. 4. No other submission of any significance has been made by the learned Advocate for the petitioner. We find no ground for interference. The petition is dismissed. Ed ......wed the same and dismissed the suit. The plaintiff-petitioner's revision, Civil Order no. 4830 of 1998, was summarily rejected by a learned Single Judge of the High Court Division by judgment and order dated 26.10.1998 from which the plaintiff-petitioner has preferred this petition for leave to ......Rahman J Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Building, P.S. Kotwali , Dhaka.........Petitioner Vs. Sree Ratan Chandra Roy and others..........Respon...... Appellate Division (Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Additional Deputy Commissioner (Revenue), Dhaka and Assistant Custodian Vested and Non-resident Property, Collectorate Buildin..Category: Property Law | Date: | Hits: 45
Moulana Serajul Haque Vs. Md. Saifullah, 2006, 35 CLC (AD)
....t Division are hereby set aside and those of the learned District Judge, Chandpur passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......p; M. M. Ruhul Amin J.- These two appeals by leave are from the judgment and order dated 19.03.1998 passed by the High Court Division in Civil Revision Nos. 4183 and 4184 of 199......r passed in Title Appeal No. 139 1994 and 140 of 1994 are restored. There is no order of costs. Ed. ......r dated 19.03.1998 passed by the High Court Division in Civil Revision Nos. 4183 and 4184 of 1996. Both the appeals were heard together and are disposed of by this judgment. 2. The petitioner as plaintiff in Civil Petition for Leave to Appeal No. 836 of 1998 instituted Title Suit No. 22..Category: Property Law | Date: | Hits: 175
Md. Motiruddin Mondal @ Matiar Rahman Mondal & ors Vs. Full Mohammed Mollah & ors, 2006, 35 CLC (AD)
....nd 2 and one Boyezuddin Mollah by way of korfa pattan on 15th Kartick, 1357 B.S. The S.A. and R.S. record of rights being S.A. Khatian No. 384 and R.S. Khatian No. 17 were prepared and correctly published in the name of the plaintiff respondent Nos. 1 and 2 and Boyezuddin. Boyezuddin possessed ......lam, Senior 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.) ......t conclusion and hence does not require interference by us. The appeal is dismissed with costs. Ed. ......tiffs instituted Title Suit No. 1005 of 1984 for declaration of title in the first schedule land measuring 0.70 acres. The appellant and the Government of Bangladesh represented by the Deputy Commissioner, Naogaon were impleaded as defendant and proforma defendant respectively. The case of the ..Category: Property Law | Date: | Hits: 63
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......p; Syed J. R. Mudassir Husain J:- This appeal by leave, at the instance of the pre-emptee, is directed against the judgment and order dated 06-06-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 372......ide the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ......ourt praying for sending back the case on remand to the trial court to meet the point of defect of parties but the learned appellate court by his Order No. 28 dated 25-04-1996 although the mentioned about the said prayer but did not dispose of the said application nor did he pass an..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ...... Abdus 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) J...... The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......o challenging legality of inclusion of property in the 2nd schedule of the plaint as Waqf Property and that defendant Nos. 1 and 2(respondent Nos. 3 and 4 herein) have no right to receive money of Mazar Sharif. 5. The suit of the respondent Nos. 3 and 4 was dismissed and the suit o..Category: Property Law | Date: | Hits: 57
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