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Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)
....r. Md. Nawab Ali, learned Advocate-on-Record submits, inter alia, that the High Court Division committed error in passing the impugned judgment failing to consider that sanction of the appropriate Government is a pre-requisite for prosecution of the public servant like accused petitioner and tha......ahajadpur Police Station against the accused petitioner Nurul Islam, to the effect that the said accused in his capacity as Manager, Milk Vita, Bagabari Factory, Shahajadpur, Serajganj, under Bangladesh Milk Producers Co-operative Union Limited along with two other accused in collusion with......has been mentioned above, we do not find that the High Court Division committed any error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ...... error in the decision. This petition, therefore, being bereft of substance stands dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 39
Chair, Board of Int. and Secondary Education, Jessore and others Vs. Nazir Ahmed, 2006, 35 CLC (AD)
....n cannot be taken up for consideration during the period of suspension and continuation of criminal proceeding unless such proceedings end with acquittal. Cases Referred to- Government of India and another vs. C. A. Balakrishnan and others, AIR 1975 (SC) 1498; Ram Se...... Government of India and another vs. C. A. Balakrishnan and others, AIR 1975 (SC) 1498; Ram Sewak Prasad Vs. State of U. P and others, AIR 1991 (SC) 1818; ANM Belayet Hossain and others Vs. Bangladesh Oil, Gas and Mineral Corporation, 51 DLR, 104; 4 BLC (AD) 65; Secretary, Ministry of Com......: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Chairman, Board of Intermediate and Secondary Education, Jessore and others …..Appellants. Vs. Md. Nazir Ahmed and another...................Respondents Judgment Ma......Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 54
Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)
....95. 15. Although it is not directly relevant for this appeal but it may be noticed that during the vacation of Civil Courts in the months of December vacation benches are constituted by the Government in consultation with the Supreme Court for the purpose of disposal of urgent crimin......Appellate Division (Civil) Present: A.T.M. Afzal CJ. Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Chowdhury J Bangladesh Bank & others..........Defendant-Appellants vs Messers Fabrica Nacion......ive body of lawyers may consider the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. .........Respondents Judgment April 1, 1997. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2 K. S. Nabi, Attorney Gener..Category: Civil Law | Date: | Hits: 119
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ......he complainant leave petitioner upon furnishing bond of TK. 1,50,00,000/- ( One crore fifty lacs). 2. The relevant facts are to the effect that a trawler named F. V. Champa was owned by Bangladesh Fisheries Development Corporation. The petitioner took lease of the said trawler by exec...... Present Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other........................Respondents Judgement January 1...... Supreme Court Appellate Division (Criminal) Present Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Md. Nurul Amin .............................Petitioner Vs. Md. Ismail and other.........Category: Property Law | Date: | Hits: 31
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2006, 35 CLC (AD)
....king the Rule absolute declaring acceptance of the nomination paper of the appellant as not legal and without lawful authority being violative of the provision of Section 7(2)(f) of the Local Government (Union Parishad) Ordinance No. 1983. 2. The facts, relevant for the proper dis......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ......without any order as to cost. The impugned judgment and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. ...... ..Category: Election Law | Date: | Hits: 108
Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)
....er Division, Bangladesh water Development Board, he was later on promoted to the post of tug Master in the pay scale of Tk. 220-420 he was thereafter given national pay scale of Tk. 325-610 as per Government circular dated 1-1-1981. It was further stated that Single Master plying B-Type vessel i...... Court Appellate Division (Civil) Present: Md. Ruhul Amin J Syed J. R. Mudassir Husain J Abu Sayeed A hammed J Chief Engineer Dredger directorate, Bangladesh Water Dev. Board, Narayangonj and others…………….. Appel......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ......easons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 55
Md. Abdul Jalil Vs. Mosammat Shefali Begum and othÂers, 2006, 35 CLC (AD)
....Deputy Commissioner (Revenue), Pabna on 8.2.1977 alleging that the property measuring 0.70 decimals of land out of 1.62 acres of S.A Khatian No. 1419. Plot Nos. 285 and 291 were acquired by the Government under L.A Case No. 21/52-53 for rehabilitation of 30 refugee families and ever sin......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ......ourt Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J M.A. Aziz J Md. Abdul Jalil....................Appellant Vs. Mosammat Shefali Begum and others.....Respondents Judgment May ...... 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
.... unregistered deed of gift dated 25m Sraban, 1342 B.S. That defendant No. 1 upon accepting the gift has been possessing the land in suit through bargadars, that defendant No.1 paid rent to the Government and obtained dakhilas that during S. A. operation her name was correctly recorded, that ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... Md. Ruhul Amin J Md. Tafazzul Islam J Sree Sukhendu Nath Saha and others…………………………….Appellants Vs. 1. Hamangini Saha being dead her heirs 1 (a) Swapan Kumar Roy and others……......ind merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Shamsul Huq Sarker Vs. Enamul Huq Sarker and ors., 2006, 35 CLC (AD)
....challenging enrolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the Administrator of Waqf Government of Bangladesh whereupon he preferred Title Appeal No. 3 of 1988 before the learned Distr......rolment of the property of Taltali Jame Mosque Waqf Estate and appointment of its Motually unsuccessfully filed Miscellaneous E. C. Case No.9 of 1984 before the Administrator of Waqf Government of Bangladesh whereupon he preferred Title Appeal No. 3 of 1988 before the learned District Judge, Cha......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ......on decided the case correctly and no interference is called for. In the premises we do not find any substance in this appeal. The appeal is, therefore, dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 70
Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)
....ere appointed in various posts of the Trading Corporation of Bangladesh (Shortly the T.C.B). By order under Memo No. BAM/OBA-3/ PROSHA-2(JOOPU)/02/380 dated 18.09.2002 of the Ministry of Commerce, Government of Bangladesh issued under the signature of the writ respondent No.4 and communicated to...... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Trading Corporation of Bangladesh, TCB Bhaban, Kawran Bazar, Dhaka .........Appellant (in all the cases) vs ......ty in the impugned orders. The High Court Division, therefore, was not justified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ......usain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Trading Corporation of Bangladesh, TCB Bhaban, Kawran Bazar, Dhaka .........Appellant (in all the cases) vs Md.Abdul Halim Bhuiyan & others (31)..............Respondents (in Civil Appeal No. 56 of 2005)...Category: Labour and Industrial Law | Date: | Hits: 80
Shahabuddin Vs. State, 2006, 35 CLC (AD)
.... the petitioner filed under Section 561A of the Code of Criminal Procedure. 2. The facts, in short are that on 19.03.1998 while Md. Farook Hossain (P.W.2) was passing in front of Feni Government College he heard hue and cry in the college filed and went there and found the accused p...... commit any illegality in rejecting the application filed under Section 561A of the code of Criminal procedure. There is no substance in this petition and hence it is dismissed. Ed. ......ate Division (Criminal) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shahabuddin ..........Petitioner Vs. The State...............Respondent Judgment November 20, 2005 Law...... Amirul Kabir Chowdhury J Shahabuddin ..........Petitioner Vs. The State...............Respondent Judgment November 20, 2005 Lawyers Involved: Md. Aftab Hossain Advocate-on-Record-For the Petitioner Not Represented-Respondent C..Category: Criminal Law | Date: | Hits: 45
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ...... Mr. Nawab Ali lastly submits that this case was heard by the High Court Division without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for this notice in Form No. 10 should have been issued as per provisions, but witho...... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......ion is accordingly dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 29
BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)
.... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ......der as to costs. Ed. ...... a disputed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....een in possession of the suit land since then in his own right exclusively and adversely and got his name mutated in the records of the Revenue Department and has been paying rent regularly to the Government Acquired Estate and the original kabala was stolen from his house. 4. The tri......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ...................Appellant vs Ayjuddin Gazi being dead his heirs Amjad Gazi and others.......Respondents Judgment May 3, 2006 Cases Referred to- Ramdhari Rai Vs. Gorakh Rai, AIR 1931 (Patna) 236; Shahid Nasim and 2 other Vs. Syeda Imtiaz Khatoon, PLD 1997 (......i Ram vs. Deva ILR (1866) 2 Bombay 547. Lawyers Involved: Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by S. R. Khoshnabish, Advocate-on -Record-For the Appellant. Md. Nawab Ali, Advocate-on-Record-For the Respondents (1a-1j). Not represented-Respondent N..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
....owed. There is no order of costs. Ed. ......s. Ed. ......s. vs Sree Subas Chandra Sarker being dead his heirs: Indira Rani Sarker.....Respondent Judgment April 6, 2006. Cases Referred to- Perusal Rani Sen Gupta Vs. Bangladesh (1983) 3 BLD(AD) 277; Bangladesh, represented by the Secretary, Ministry of Hou...... merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..Category: Property Law | Date: | Hits: 43
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....f the power of compulsory retirement under section 9 of the Public Servants (retirement) Act and in view of the fact that such an order of compulsory retirement could only be passed by the Government and not by the Board, and there being nothing in the impugned order to the effect that ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ...... vs Golam Quddus & anr...Respondents (In C.A. No. 244 of 2002) Abul Kalam Azad being dead his heirs: -Badira Begum and & ors...Respondents (In C. A. No. 245 of 2002) Md. Tofazzal Hossain & anr.......Respondents (In C. A. No 246 of 2002) Aminuddin Ahmed &..Category: Property Law | Date: | Hits: 32
Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)
.... is dismissed. There is no order as to costs. Ed. ......osts. Ed. ...... J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Pirojpur and others....................Appellants Vs. Md. Wazed Ali and others……………………...... no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 27
Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and othÂers, 2006, 35 CLC (AD)
....aben Nessa and Lokman son of Giasauddin transferred the land in suit to the plaintiff by the kabala dated January 19, 1970 and since then plaintiff is possessing the land on payment of rent to the Government that there is passage over the suit plot No. 837 and the said path has divided the land ......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......n established by the plaintiff that Jairuddin did not surrender his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ......e find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..Category: Property Law | Date: | Hits: 35
Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)
....ghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication Region took decision for their eviction under the provision of the Government Lands and Buildings (Recovery of Possession) Ordinance (Ordinance No. LIV of 1965), in s...... Ed. ......paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ......the court) instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Khandker Mahbubuddin Ahmed, Senior Advocate, (Shafique Ahmed, Senior Advocate with him), instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4...Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
.... any order as to costs. Ed. ...... to costs. Ed. ......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......sion requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 34
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