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Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......he State..........................Respondent Lawyers Involved: Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent. Criminal Petition for Leave to Appeal No. 49 of 2001 (From the Judgment and Order dated 06-04-2000 passed by the High Court Div......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ..Category: Criminal Law | Date: | Hits: 89
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ...... Administrative Tribunal. 11. The vital point for consideration whether the High Court Division is competent to entertain writ petition on the view that the Administrative Tribunal has no power of granting ad interim relief and normal procedure by way of appeal will take long time by w......lam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of ......ed Administrative Tribunal Case No. 344 of 1998 before the Administrative Tribunal, Dhaka seeking the following relief's: "a) To issue a direction on the respondents No. 1 and 2 to refrain from granting any promotion to the respondents from ASP's to the Post of Additional S. P. b) Stay oper..Category: Administrative Law | Date: | Hits: 152
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
....e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ......, Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record...........For the Appellant Sirajuddin Ahmed, Advocate-On-Record absent......For Respondent Nos. 1-2 B. Hossain, Deputy Attorney General, instructed by Shamsul Hague Siddique, Advocate- on- Record......For Respondent No. 3......h was never taken away, nor the Government formed any opinion that his absence from the country was for the purpose of activities prejudicial to the state; that the Ministry of Home Affairs granted him a nationality certificate on 31.8.1980 under Article 4 of the Bangladesh Citizenship Ord..Category: Civil Law | Date: | Hits: 128
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......;s son Nazir Mohiuddin who was also the Managing Director when the land and the industry and the residential building were taken over by the Government on 31-12-1971 under the purported exercise of power under Acting President's Order No. SRO-XII-M-35/71/17 dated 26th December, 1971 published in ......re, 1908 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: Unless there is any serious ground relating to error of law apparent on the face of the record occasioning failure of justice, review petition ......t the defendants did not vacate the suit property and hence the plaintiff was compelled to file the instant suit for recovery of khas possession. 4. In Civil Appeal No. 86 of 1997 leave was granted in Civil Petition for Leave to Appeal No.578 of 1997 directed against the judgment and decr..Category: Property Law | Date: | Hits: 97
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... as to maintainability and evidence is required to be led in support thereof Ends of justice would best be served if we remain confined ourselves to the leave granting order instead of exercising our power under Article 104 of the Constitution and allowing the respondents to take resort of Order&nbs......of the suit under section 42 of the Specific Relief Act read with section 56 (f) could be eventually decided on taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division i...... having filed for a mandatory injunction for reinstatement in service is barred under section 56F of the Specific Relief Act as where the contract is not specifically enforceable no injunction can be granted. The learned Counsel further submitted in view of the prayer for a declaration that the plai..Category: Employment/Service Law | Date: | Hits: 211
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ......sp; Syed J R Modassir Hossain, J: Anil Ranjan Deb defendant-petitioner seeks leave to appeal against the judgment and order dated 17 April, 2001 passed in Civil Revision No. 576 of 19......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......y;tending, inter alia, that the Bank is run and managed by a Board of Directors. According to Article 131 of the Articles of Association its business is managed by the Directors who exercise all such powers and do all such acts as authorised by the Memorandum of Association and Articles of Associati...... dismissed. Ed. ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ......ule 1 of the Rules of Business, 1975 (Revised up to February 1990 & March 1996). The Competent Authority is the Internal Resources Division, of the Ministry of Finance, who was assigned with this power. Applying this rule the Internal Resource Division gave anti-dated seniority to other persons ......cretary, Ministry of Establishment and others………………………………………………….Respondents Judgment May 16, 2005. Result: The appeal is allowed. Case Referred to- Abdul Motalab Mian Vs. Secretary, Establishment Division and others, 1982 BLD 144. Lawye......The learned Administrative Appellate Tribunal after hearing both sides dismissed the Miscellaneous Appeal vide judgment dated 28.11.2001 in the AAT Miscellaneous Appeal No.4 of 2000. 11. Leave is granted to consider: "Mr. Md. Nurul Hoque Miah, the petitioner, appearing in person, placed befo..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......ion before the District Judge from an order of the appellate authority. This provision has been made for the examination of correctness of the decision of the appellate authority. The authority or power so assigned to the District Judge as well as to the Additional District Judge is not limited ......the order made on August 12, 1994 in Appeal Case No.5 of 1994 by the Appellate authority and District Co-operative Officer, Dhaka affirming the judgment and order dated April 12, 1994 of the Arbitrator and Inspector of Co-operative Societies, Dhaka in Dispute Case No. 65 of 1993, filed under sec......ellant moved the High Court Division in Revisional jurisdiction but without any success. Thereafter the appellant filed petition for leave to appeal before this Division. 5. Leave was granted to consider the submissions that the appellant as was not a party in the dispute case and w..Category: Procedural Law | Date: | Hits: 111
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
.... of the provision of law the suit filed by the Respondents and decreed by the courts below was being totally non-entertainable by the civil Court, the High Court Division was required to exercise its discretionary jurisdiction to correct the gross error of law committed by the courts below. In that ......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ......s. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ...... the conclusion that the petitioner is guilty of serious negligence and laches. Such explanation for condonation of inordinate delay of 542 days, cannot be accepted as satisfactory". 6. Leave was granted to consider the submission that under Section 14A of the (Emergency) Requisition of Property..Category: Limitation Law | Date: | Hits: 189
.... background of the discussions we are of the view no interference with judgment sought to be appealed is called for.
Accordingly the petition is dismissed.
Ed.
This Case is also Reported in:......s right to defend himself as against the order of dismissal from service, that writ-petitioner was appointed by the Chief Executive Officer of the City Corporation who has been vested with Executive power of the City Corporation as per provision of section 43 of the Ordinance but the order of dismi......by A.K.M. Shahidul Huq, Advocate-on-record- For the Petitioners.
Md. Nawab Ali, Advocate-on-record-For Respondent No.1.
Not represented-Respondent Nos. 2 & 3.
Civil Petition for Leave to Appeal No. 1232 of 2002.
Judgment
Md. Ruhul Amin J.- This petition for leave to appeal is...... background of the discussions we are of the view no interference with judgment sought to be appealed is called for.
Accordingly the petition is dismissed.
Ed.
This Case is also Reported in:..
Category: Employment/Service Law | Date: | Hits: 96
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......ring that the petitioners based their claim on the basis of a lawful agreement for sale of the property and pursuant to an authority given by admitted owner Mrs. Jainab Khatun by a registered general power of Attorney the deed of sale having been executed the property in question cannot be declared ...... Result: The leave petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-On- Record- For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 591 of 2002. Judgment Amirul Kabir Chowdhury J.- At the instance of the writ p......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
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