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Md. Atiqullah Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
....cle 104 of the Constitution, the Respondent No.1 is directed to pay within 60 days Tk.6, 38,797.63 to the appellant. Ed. This Cases is also Reported in: 12MLR (AD) 2007, 41. ......e in law and the High Court Division having not adverted to this aspect fell into an error of law and therefore the impugned judgment and order were wholly illegal and unsustainable in law that in terms of the provisions of Section 32(3) of the Acquisition and Requisition of Immovable Property O......hellip;……………………… Appellant (in all the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Land Acquisition Collector & others..............................Respondents (in all the cases) ..Category: Property Law | Date: | Hits: 27
Khandker Zillul Bari and another Vs. State, 2008, 37 CLC (AD)
.... the order of acquittal and passing an order of conviction and sentence. Furthermore, the exclusive powers of the Appellate Division under Article 104 and 105 of the Constitution apply as special and extraordinary jurisdiction to avoid miscarriage of justice by establishing complete justice and with...... to 3(three) years from 7(seven) years. The appellants are directed to surrender to serve out the sentence, if not already served out. Ed. This Case is also Reported in: 13 MLR (AD) 2003, 302. ......e Division (Criminal) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Abdul Matin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Khandker Zillul Bari and another................Appellant Vs. State...............................Category: Criminal Law | Date: | Hits: 94
ASF Rahman and others Vs. Bangladesh Bank and others, 1999, 28 CLC (AD)
....for grant of leave in this case or to interfere with the ultimate decision of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 61. ......y 1998 (Annexure ‘A’ series). One of the notices is quoted below for proper appreciation of the contents and the effect of the notice as the dispute centers round third notice which is in similar terms: Mr. Iqbal Ahmed February 09, 1998 ......orted in: 52 DLR (AD) (2000) 61. ..Category: Banking Law | Date: | Hits: 139
Moulana Delwar Hosain Saydee Vs. Sudhangshu Shekhor Halder and others, 2000, 29 CLC (AD)
....s also without jurisdiction. For all the above reasons, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 20. ......f opposite party No. 5 (the appellant) was dismissed and that of the election-petitioner (respondent No. 1) allowed in part with modification of the order of the Election Tribunal in the following terms: We are of the view that the declaration of the Election Tribunal the election result......Saydee………………………………………………. Appellant Vs. Sudhangshu Shekhor Halder and others……………………………&..Category: Election Law | Date: | Hits: 126
Chera Dangi Mela Committee Vs. Mohammad Yusuf Ali & others, 1978, 7 CLC (AD)
.... the matter remitted back to the District Judge for the disposal in accordance with law. Costs of the appeal will abide the result. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 310. ......ople to hold a meeting and pass a vote of no-confidence against the Mela Committee. The President of the Mela Committee was requested to have ad hoc committee appointed by the District Judge in terms of Article 36 of the Trust deed. The President filed an application before the District Judg......peal is allowed. Lawyers Involved: Ahmad Sobhan, Senior Advocate, with M. F. Karim, Advocate instructed by S.M. Huq, Advocate-on-Record- For the Appellant. Abdul Malek, instructed by B.C. Panday, Advocate-on-Record-For the Respondents No.1-4. Criminal Appeal No. 6 of 1978. (From t..Category: Trust/Waqf Law | Date: | Hits: 185
Abdul Wahab Talukdar alias Mohammad & others Vs. State and another, 1978, 7 CLC (AD)
.... For the reasons, we allowed the appeals, set aside the orders of the High Court and restore those orders of the Magistrate. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 278. ......ld be kind enough to drop the case by allowing prayer of withdrawal.” Upon those petitions, the Magistrate passed substantially the same order allowing the prayer in the following terms: “19-6-73 seen the prayer of the Court Inspector for the withdrawal of the...... ..Category: Criminal Law | Date: | Hits: 45
Master Abdul Aziz Vs. Abani Mohan Mukherjee and others, 1978, 7 CLC (AD)
....n the result the appeal stands dismissed without, however, any order as to costs. Ed. This Case is also Reported in: 30 DLR (SC) (1978) 222. ......der to set aside an abatement or dismissal and if it is proved that he was prevented by any sufficient cause from continuing the suit, the court shall set aside the abatement or dismissal upon such terms as to cost or otherwise as it things fit, Mr. Moinul Huq relied also upon some decision...... Present A. M. Sayem CJ Mohammad Abdullah Jabir J Ahasanuddin Chowdhury J Master Abdul Aziz………..Appellant Vs. Abani Mohan Mukherjee and others…. Respondents Judgment May 2, 1975. Cases Referred to: ..Category: Civil Law | Date: | Hits: 116
Bangladesh Vs. Md. Salahuddin Talukder, 2004, 33 CLC (AD)
....le absolute in Writ Petition No. 5981 of 2000 are hereby set aside and the Rule nisi accordingly stands recalled. Ed. This Case is also Reported in: 2006 (XIV) BLT (AD) 60. ......gory was done in accordance with law. The learned Additional Attorney-General has further submitted that the impugned order of transfer and the relief claimed by the respondent are relating to the terms and conditions of the service which are amenable within the jurisdiction of the Administrativ...... Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J MA Aziz J Amirul K Chowdhury J Government of Bangladesh and others..................Appellants Vs. Md. Salahuddin Talukder ...................Category: Constitutional Law | Date: | Hits: 133
Loyal Shipping Ltd. Vs. Castrol UK Ltd. and others, 2006, 35 CLC (AD)
.... of Money Suit No. 21 of 1993 by the plaintiff. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 48. ...... difference in this respect and a counterclaim by way of equitable set off is entertainable and though the order "counter-claim" finds no reference in Order VIII, rule 6, CPC but in terms of Order XX, rule 19, CPC having provided that "where the defendant has been allowed set...... Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Loyal Shipping Ltd. ........................Appellant Vs. Castrol UK Ltd. and others ...............Respondents Judgment December 12, 2006. The Code o..Category: Civil Law | Date: | Hits: 111
Chittagong Dock Sramik Parichalana Board and others Vs. Shamsul Haque and others, 2007, 36 CLC (AD)
.... sustainable and accordingly, the same is liable to be set aside. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 68. ......ed in Writ Petition No. 2490 of 1990 making absolute the Rule obtained challenging the order dated 20-10-1990, Annexure-F to the writ petition, by which the Land Acquisition Officer, Chittagong, in terms of the Memo of the Ministry of Land dated 12-5-90, requested the writ petitioner/ respondent ......vision (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Chittagong Dock Sramik Parichalana Board and others .....................Appellants Vs. Shamsul Haque and others... ........Category: Labour and Industrial Law | Date: | Hits: 83
Ashraf and others Vs. Md. Zahangir Alam & others , 2008, 37 CLC (AD)
....ve the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 66; V ADC (2008) 189; 14 MLR (AD) (2009) 86. ...... writ petition was maintainable being hit by the principle of estoppel and for suppression of the material fact that the writ petitioner paid for the aforesaid 5 items and took delivery of them in terms of Annexure-C series to the writ petition without any objection. 6. We have he...... (AD) (2009) 86. ..Category: Others | Date: | Hits: 88
Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....fe to be certified by duly constituted Medical Board, may consider the matter of granting bail in an appropriate case in an appeal. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 256. ......s debarred from granting bail to the appellants. 35. Sub-rule 2 of Rule 11 provides for speedy disposal of the appeal within 90 days from the date of filing and sub-rule 3 provides in unequivocal terms that the appellate Court during pendency of the appeal shall not grant bail or stay operation ......am J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission ........................Appellant (In both the cases) Vs. Barrister Mir Md. Helaluddin and another…..Respondents (In Criminal Appeal No. 5 of 2008) Barrister Nazmul Huda and another..Category: Anti-Corruption Laws | Date: | Hits: 219
Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......vits disclosed a very ugly picture of the contesting political parties in the name of enforcing hartal by force and resisting the hartal again by resorting to brute force. This court in unequivocal terms records its disapproval to such sort of activities either enforcing the hartal or resisting ......hellip;………….Appellant (In Criminal Appeal No. 24 of 1999) Amanullah Kabir..............Appellant (In Criminal Appeal No. 25 of 1999) Vs. The State and others …………………………&he..Category: Criminal Law | Date: | Hits: 79
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... provision of Section 91 of the Evidence Act. The High court division has observed "The deed has been reduced to the form of a document and as such no evidence shall be given in proof the terms of such document as such the defendants afford to explain away the mistake by other evidence......t Appellate Division (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Md. Abu Alam ...........................Appellant Vs Zarina Begum and others..............Respondents Judgment July 5, 2006. Lawyers Involved: ..Category: Property Law | Date: | Hits: 42
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
.... 61. In view of the above, we do not find any substance in the submissions of the learned Counsel for the appellants. The appeals are dismissed without any order as to costs. Ed. ......impugned if it cannot be demonstrated that the power contained under the said section have been exercised arbitrarily and capriciously and that for example in a case where the import value in terms of section 25 of a particular value is US$ 20 whereas under a notification issued the Governm...... M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Mahfuzul Hoque, Golam Mostafa, Abul Kalam, Abdul Matin, Md. Shahid, Ujjal Chowdhury, A. Rahman, M/s. Hasan and Company, M/s. Asgar Oil Mills Ltd. M/s. F. Rahman Oil Mills Ltd., M/s. Universal Trading, Rahi..Category: Fiscal/Taxation Law | Date: | Hits: 107
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....prayer, unexpired portion of the sentence of rigorous imprisonment was remitted on 26-4-1984. Thereafter, he was reinstated in service by the authority and the period of his absence was treated as extraordinary leave without pay. The appellant accordingly, submitted joining report on that very d...... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......ed JR Mudassir Husain CJ Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mokbul Hossain (Md) ...............Appellant Vs. Government of Bangladesh and others..................Respondents Judgment August 9, 2006. Cases Referr..Category: Administrative Law | Date: | Hits: 132
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......do not find any reason to interfere with the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......sion Judgment in Review Petition Here. Supreme Court Appellate Division (Civil) Present: Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Arif A. Shekha and others............................Appellants Vs. Secretary, Ministry of Industries and a..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......ut, in fact, within the school compound the High School has started separate girls section and admitting girl students upon circulating alluring leaflets and notifications with alluring terms, that the High School being an established school has resorted to admitting girl students wi......Division (Criminal) Present: Md. Ruhul Amin J Md. Tafazzul Islam J Shahid Hossain Khan (Md) .....................Appellant Vs. Abdul Bashed Lashkar and others..........Respondents Judgment July 17, 2006. Cases Referred To- ..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......e appellant was limited upto the extent of principle amount. There is no indication in the decree that the respondent is entitled to any further interest on the principle amount till realization. The terms of the decree being silent as to further interest or any interest, it must be held under secti......) (1990) 294...Category: Banking Law | Date: | Hits: 134
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....e before us, I am of the view that in case of breach of any obligation under a contract between government and a private party, proper remedy lies in a civil suit and not in a writ petition under the extraordinary jurisdiction given by the Constitution. But this principle will not apply when the gov......ndent No.3, the controlling Ministry, the appellant entered into negotiation with the respondent No.1 and requested them to undertake the work at the estimated cost; according to the amended tender terms, the successful bidder was required to deliver the generators within 30 days of the issuance o...... Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Managing Director, WASA.............................Appellant Vs. Md. Ali and others………………………………………………Respondents Judgment July 1..Category: Others | Date: | Hits: 100
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