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....-on-Record-For the Appellants.
Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1.
Not represented-Respondent Nos. 2-4.
Civil Appeal No. 20 of 2007.
(From the judgment and order dated 29.03.2005 passed by the High Court Division in Writ Petition No.1911 of 2004.)
Judgment
......r, that the school wrote to the Board for according permission for removal of the writ-petitioner from service, but the Board did not approve the proposal of the School and the Board communicated its decision on March 24, 2002 disapproving the proposal for removal of the writ-petitioner from service..
Category: Employment/Service Law | Date: | Hits: 133
Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)
....sain alias Paltu 2. Jalal 3. Helal and 4. Manjur and Criminal (Jail) Appeal No. 141 of 1985 preferred by convict-appellant Tota are directed against the same impugned judgment and order of conviction dated 12‑8‑1985 passed by the learned Additional Sessions Judge, First Court in-charge, Bakergan...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..Category: Criminal Law | Date: | Hits: 35
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....o. 148 of 1999. Judgment Md. Fazlul Haque J.- This appeal No. 304 of 1997 at the instance of the Uttara Bank Limited Bangabandhu Avenue Branch, Dhaka in directed against the judgment and decree dated 28‑7‑1997 passed by the Subordinate Judge and Artha Rin Adalat in Title Suit No. 182 of 19......h two appeals being FA No. 304 of 1997 and FA No. 148 of 1999. 12. Mr. Mukunda Chandra Debnath, the learned Advocate appearing on behalf of the plaintiff-appellant bank submits that in view of the decision in the case of Sultana Jute Mills Limited and others Vs. Agrani Bank Limited and others rep..Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....ocates‑ For the Petitioner. Nikhilesh Dutta, Advocate‑ For the Opposite Parties. Civil Revision No. 5190 of 2002. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 11‑9‑02 passed by the 1st. Court of Joint District Judge, Chittagong in Other Class Suit N......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...Category: Property Law | Date: | Hits: 31
Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)
....ora. Assistant Attorney-General‑ For the State. Criminal Appeal No. 351 of 1992. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 20‑1‑1992 by Sessions Judge Chandpur in Sessions Case No. 2/91 arising out of Matlab PS Ca...... prosecution story. Sole and only evidence was of PW 1 informant Muslim. He contended that reliance on the sole evidence of PW 1 alone without any other corroboration will be unsafe and risky to have decision against the convict-appellant, particularly when first information report by PW 1 and evide..Category: Criminal Law | Date: | Hits: 34
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....rlier. 2. It is stated in the writ petition that respondent No. 1, Government of Bangladesh, with a view to expand the telephone communication network all over the country, entered into a contract dated 11th November, 1996 with GrameenPhone Consortium now GrameenPhone Limited (hereinafter referre....... 2‑5 who are officers of the Bangladesh Diabetic Association." 13. In the case of Shahabuddin Vs. Bangladesh, 45 DLR 360, petitioner Shahabuddin, General Secretary, Nabarun Sangsad impugned the decision of one Syed Alamgir Faruk Chowdhury as Arbitration Tribunal. It was held that "since these ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....-Record- For the Appellants. Md. Nawab Ali, Advocate-on-Record- For Respondent Nos.1-2. Not Represented- Respondent Nos. 3-6. Civil Appeal No. 94 of 2003. (From the judgment and order dated 20.8.2008 passed by the High Court Division in First Appeal No.52 of 1989.) Judgment Sur......revious judgment are quite" sufficient to prove it. An amicable partition like this between brothers-co-sharers need not be effected by a registered instrument, as Mr. Pal has rightly referred to the decision in the case of Nani Bai Vs. Gita Bai, AIR 1958 SC 70." 14. In Joynul Abedin (44 DLR (AD)..Category: Property Law | Date: | Hits: 36
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....ision No. 2969 of 1997. Judgment Khondker Musa Khaled J.- This Rule arising out of an application under section 25 of the Small Cause Court Act 1887, is directed against the judgment and decree dated 25-6‑1997 passed by the learned Judge of the Small Causes Court and Subordinate Judge, 3rd......finding that he had already become a defaulter in making payment of rent. So, it is submitted that there is no ground to assail the impugned judgment in this respect. He submits further that the case decision of AIR 1946 Allahabad is not at all applicable in the present case. Because the defendant a..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....e-For the Opposite Parties. Civil Revision No. 4343 of 1999. Judgment Mir Hashmat Ali J.- This Rule under section 115 of the Code of Civil Procedure was issued against the Judgment and order dated 7‑7‑1999 passed by the learned Subordinate Judge, Tangail, in Miscellaneous Appeal No. 61 ......ledge of the pre‑emptor about the transfer of the land, the contention that the application is barred by limitation is untenable in law. 16. Under the facts and circumstances of the case and the decisions discussed above the appellate Court has misread and misconstrued the evidences on record a..Category: Property Law | Date: | Hits: 39
Nasir Howlader Vs. State, 2004, 33 CLC (HCD)
.... transpires from the trend of cross-examination and suggestion put to the PWs is, that he has been falsely implicated in this case out of previous enmity. He has neither assaulted the deceased on the date, time and manner nor he has caused the death of the deceased in any way as alleged by the prose......tion of non‑existence of the facts and circumstances of the case the examination of the investigating officer is not fatal to the prosecution. To have this view their Lordships have relied upon the decision of the case Abdus Sobhan vs. State reported in 45 DLR (AD) 134 where it has also clearly be..Category: Criminal Law | Date: | Hits: 30
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....01. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendant Nos. 1 to 3 upon making a revision application under section 115(1) of the Code of Civil Procedure against Order No. 46 dated 14‑3‑2001 passed by the learned Subordinate Judge, Second Court at Sylhet in Title Suit No......bstantially in issue in the previous suit and the teamed Subordinate Judge erred in law in rejecting the prayer for stay, which has resulted in failure of justice. 7. In support he relies upon the decision of a Single Bench in the case of Altaf Hossain vs. Abbas Ali and another, 45 DLR 374 where ..Category: Procedural Law | Date: | Hits: 65
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....in with Gazi Md. Neamat Hossain and Ramjaz Ali Sikder, advocates-For the respondents. Trade Mark Appeal No. 40 of 2001. Judgment Syed Amirul Islam J.- This appeal is from order and decision dated 1‑4‑2001 passed by the Registrar of Trade Marks, rejecting the Opposition Case No. 1624 of......mal Hossain with Gazi Md. Neamat Hossain and Ramjaz Ali Sikder, advocates-For the respondents. Trade Mark Appeal No. 40 of 2001. Judgment Syed Amirul Islam J.- This appeal is from order and decision dated 1‑4‑2001 passed by the Registrar of Trade Marks, rejecting the Opposition Case No..Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....rence of murder from PW 2 Shamsul Hoque Dealer and PW 3 Mosharraf Hossain Member. Subsequently, PW 1, Monowara Begurn, went to Burichang police station and lodged a verbal ejahar at 11‑15 PM on the date of occurrence against the condemned prisoner Abul Kashem and the accused appellant Anowar Hossa......easonable doubt. The convict appellant and the condemned prisoner are entitled to the benefit of doubt and they are therefore, entitled to be set free. In this connection reference may be made to the decision in the case of Muslimuddin & others vs. State reported in 38 DLR (AD) 311. 35. It may be..Category: Criminal Law | Date: | Hits: 39
State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)
....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......unded judgment recorded by learned Sessions Judge in awarding conviction for offence of sections 302/34 of the Penal Code. 44. On authorities placed from the Bar it is conveniently observed that a decision is only an authority for what it actually decides. It cannot be quoted for a proposition th..Category: Criminal Law | Date: | Hits: 31
Serajul Islam Bhuiyan (Md) Vs. Bangladesh Water Development Board & others, 2003, 32 CLC (HCD)
....angladesh filed by the petitioner, this Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order contained in Memo No. 712 Paubo (Kop) B‑2/lbo-1/94, (8th Part) dated 26‑11‑2002 (Annexure‑E) issued under the signature of the respondent No. 4 purporting to......uestioned. It was further stated that the authority is not absolutely bound by the Rules 1997 because the Rules are Administrative instructions laying down general guidelines regarding Administrative decision to be made by the authority and that the impugned order dated 26‑11‑2002 is not a trans..Category: Employment/Service Law | Date: | Hits: 77
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ition No. 4196 of 2003 has been filed by Ekushey Television Limited represented by its Chairman Mr. Abdus Salam. Rule was issued calling upon the respondents to show cause as to why the impugned memo dated 7‑6‑2003 (Annexure C-1) issued by respondent No. 3 shall not be declared to have been made......eal No. 504 of 2002 before the Appellate Division of the Supreme Court which was heard along with Civil Petition for Leave to Appeal Nos. 510, 516, 517, 636 of 2002. The Appellate Division upheld the decision of the High Court Division. Soon after the disposal of the review petitions by the Appellat..Category: Information Technology Law | Date: | Hits: 230
Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)
....n No. 230 of 2001. Judgment Md. Abdur Rashid J.- The Rule was obtained by defendant No. 1 upon making a revision application under section 115(1) of the Code of Civil Procedure against an order dated 24‑9‑2001 passed by Subordinate Judge (Court No. 3) at Dhaka in Title Suit No. 182 of 2000......ards of the arbitrators along with his award and the petitioner also could not obtain copies of the awards of the arbitrators Consequently, he could not file the objection in time. 7. By impugned decision, the Court rejected the objection as time barred and fixed 8‑1‑2001 for ex parte hearin..Category: Alternative Dispute Resolution | Date: | Hits: 161
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....No. 6029 of 2001. Judgment Md. Abdur Rashid J.- This Rule was obtained by the defendants upon making a revision application under section 115 of the Code of Civil Procedure against order No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No.......any notice upon he defendants and behind their back. He submits that under Order XXXIX rule 8 of the Code no such order for inspection can be passed without a notice upon the defendants. He cites the decision in the case of Mohammed Mobarak Hossain vs. Md Mostafa Hossain, 1987 BLD (AD) 263 = 40 DLR ..Category: Property Law | Date: | Hits: 26
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....not be committed for contempt of Court for dishonoring, disregarding and non compliance of the direction given in the judgment and order passed by this Court on 15‑4‑2002 and the subsequent order dated 17‑5‑2003 in Company Matter No. 2 of 2000 and/or such other or further order or orders pas......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)
....Hassan Ameen J.- This criminal appeal, at the instance of three yarnnamely, (1) Jalaluddin, (2) Helaluddin and (3) Alaluddin, all sons of late Hossain Ali, is directed against the judgment and order, dated 26‑5‑1999, passed by learned Additional Sessions Judge, 4th Court Mymensingh, in Sessions ......of the prosecution witnesses, impugned judgment and other material papers/documents as available in paper-book and submits that this is a case of no evidence, but the learned trial Court arrived at a decision on guess and surmise. He then submits that the cause of death of the deceased has not been ..Category: Criminal Law | Date: | Hits: 28
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