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Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)
....on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......Tafazzul Islam J.- This petition for leave to appeal arises out of the judgment and order dated 27.2.2005 of the High Court Division passed in Writ Petition No.1055 of 2005 summarily rejecting the application filed by the defendant petitioner challenging the judgment and decree dated 25.7.2004 a..Category: Civil Law | Date: | Hits: 91
Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)
....our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ......the High Court Division in Writ Petition No. 6093 of 2004). Judgment Mohammad Fazlul Karim J. - This application for Leave to Appeal under Article 103 of the Constitution of the People's Republic of B..Category: Others | Date: | Hits: 91
Mafizuddin & Ors. Vs. Mohammad Shorab Ali & ors., 2007, 36 CLC (AD)
....t decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 162. ......la under preemption was served upon the pre-emptor. 3. The pre-emptee Nos.1-5 contested the case by filing a written objection denying the material allegations made in the miscellaneous application and further contended that the case is barred under section 96(10) of the State Acquisi..Category: Property Law | Date: | Hits: 19
Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)
....ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......effect it is designed to grab the Government land as it is founded on a claim, made by the defendants-respondents in the written statement and written objection and referred to in their application for local investigation filed in Title Suit No. 7 of 1998, which is barred by the Emerg..Category: Property Law | Date: | Hits: 26
Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)
....he High Court Division erred in law in holding that the proceeding was bad for want of consultation with Supreme Court as required under Article 116 of the Constitution of Bangladesh inasmuch as no fresh consultation is required while inflicting punishment in the self same proceedings. 6....... writ-respondent Nos. 1-5 to show cause as to why the Government Servant (Discipline and Appeal) Rules, 1985 should not be declared to be void as being inconsistent with the Constitution so far its application against the Magistrates exercising judicial functions including the writ-petitio..Category: Employment/Service Law | Date: | Hits: 62
Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)
.... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ......arim J.- The writ petitioner seek leave to appeal against the impugned judgment and order dated 10.4.2005 passed by the High Court Division in Writ Petition No.2154 of 2005 rejecting summarily the application under Article 102 of the Constitution filed impugning Memo No.7 Bichar-7/2N-50/87(Part)..Category: Constitutional Law | Date: | Hits: 108
Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)
....t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......om the Court of Magistrate, First Class, Nabinagar to the Court of Additional Sessions Judge, 2nd Court, Brahmanbaria for an analogous trial of both the cases. The petitioner, thereafter, filed an application on 21-11-2004 before the Druta Bichar Tribunal, Chittagong praying for an analogous hea..Category: Criminal Law | Date: | Hits: 31
Chitta Ranjan Das alias Chitta Ranjan Sinha Vs. Shashi Mohan Das, 2005, 34 CLC (AD)
....the impugned judgment of the High Court Division in the facts and circumstances of this particular case. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 139. ......s leave to appeal against the judgment and order dated 23.02.2004 passed by the High Court Division in Criminal Miscellaneous Case No.873 of 2001 arising out of Special Case No.4 of 1997 rejecting an application under section 561A of the Code of Criminal Procedure for quashing the Special Case No.04..Category: Anti-Corruption Laws | Date: | Hits: 88
Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)
....f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ...... has been filed against the judgment and order dated September 20, 2004 of the Administrative Appellate Tribunal in Miscellaneous Case No. 17 of 2004. The Miscellaneous Case was registered upon an application filed seeking restoration of the Administrative Appellate Tribunal Appeal No. 128 of 20..Category: Administrative Law | Date: | Hits: 95
Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)
.... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ...... seek leave to appeal against the judgment and order dated 16.9.2002 passed by the High Court Division in Writ Petition No. 4409 of 2002 making the rule absolute. 2. The respondent filed an application under Article 102 of the Constitution contending, inter alia, that on August 24, 2002 a..Category: Criminal Law | Date: | Hits: 109
Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)
....aka WASA he fell seriously ill and was absent from duty for a period of 2 years 10 days with effect from 1.10.1984. Subsequently on his prayer, the Chief Engineer, Public Health Department gave him a fresh appointment in a project as work-charged Assistant Engineer on 24.10.1967 on humanitarian grou.......1967 on humanitarian ground. There he rendered services for 25 years and took retirement on completion of 57 years of age on 21.11.1992. During his long service as work-charged employee he submitted applications on 3.8.1977, 13.12.1978, 31.12.1979, 6.5.1992 and 1.4.9.1992 for his absorption to regu..Category: Administrative Law | Date: | Hits: 136
Abdul Mannan Vs. Lal Miah Haji & others, 2005, 34 CLC (AD)
....ion reversed the concurrent findings of the courts below. The appeal is thus allowed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 68. ......the suit. On appeal in Title Appeal No. 142 of 1978 the appellate court dismissed the appeal and affirmed the judgment of the trial court. Being aggrieved the plaintiffs preferred civil revisional application and obtained Rule. The High Court Division made the Rule absolute. 5. Leave was ..Category: Property Law | Date: | Hits: 25
Abdul Huque and others Vs. State, 2007, 36 CLC (AD)
....n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ...... submits that the learned Judges of the High Court Division failed to take into consideration that the petitioners played no role in the process of allotment of the industrial plots except making the application and performing other related legal procedure in obtaining allotments of industrial plots..Category: Anti-Corruption Laws | Date: | Hits: 152
M. A. Hashem and others Vs. Shafiuddin Ahmed and others, 2005, 34 CLC (AD)
....ials on record as well as without entering into the merit of the appeal and deciding the appeal on merit allowed the appeal and sent back the suit to the trial Court "for proper adjudication afresh" upon observing "So all the issues are to be considered after the parties get an op...... find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 42 ; IV ADC (2007) 631. ..Category: Property Law | Date: | Hits: 30
Mohammad Ullah Vs. Sessions Judge, Noakhali, 2005, 34 CLC (AD)
....the People's Republic of Bangladesh upon the respondents to show cause as to why the order dated 26th November, 1996 passed by the Sessions Judge, Noakhali in Miscellaneous Case No.353 of 1996 for fresh trial in G.R. Case No. 1 of 1983 of the Court of Magistrate. First Class, Noakhali should not......dated 18th November 1998 passed by a Division Bench of the High Court Division in Writ Petition No.3501 of 1997 discharging the rule. 2. The rule was issued by the High Court Division on an application under Article 102 of the Constitution of the People's Republic of Bangladesh upon the r..Category: Constitutional Law | Date: | Hits: 109
Mrs. Saju Hossain & Others Vs. Government of the People's Republic of Bangladesh, 2004, 33 CLC (AD)
.... view holding that after the repeal of Vested and Non-Resident Property Ordinance vide Ordinances No. 92 of 1976 there was no scope for Starting any VP case under the provisions of the aforesaid law afresh and if any proceeding is started for treating a property as vested property, under law that ......either been enlisted nor lease out to anybody on vacated property. Sd-Illegible For Add. Deputy Commissioner, Dacca. 28.11.78. 17. It further appears on 13.05.2004 the appellants filed an application praying for acceptance of supplementary paper book in the present appeals on the ground ..Category: Property Law | Date: | Hits: 40
Meher Banu and others Vs. Abdul Barek and Muslim Bepari, 2005, 34 CLC (AD)
....tiffs have no right, title, interest and possession in the suit land. 4. The trial court dismissed the suit and on appeal, the suit was sent back on remand for fresh hearing. The defendant as against the order of remand moved the High Court Division in revis......o substance in the Appeals. Accordingly, the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 618; 11 MLR (AD) 2006, 119. ..Category: Property Law | Date: | Hits: 106
Md. Asaduzzaman Vs. Kazi Abdus Sabur and others, 2007, 36 CLC (AD)
....der of the Land Appeal Board. There is therefore no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 609. ......cond auction held on 28.11.1994 and it was subsequently detected by him that the property purchased by him in the earlier auction sale is also included in the second auction sale. Hence he filed an application under section 23 of the Public Demand Recovery Act for setting aside the second auctio..Category: Property Law | Date: | Hits: 31
Kazi Naimul Huq and others Vs. Md. Abdus Sattar Bhuiyan and others, 2006, 35 CLC (AD)
.... consequently High Court Division was not in error in discharging the Rule. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 605. ......l Revision No. 6082 of 2001 discharging the Rule obtained against the judgment and order dated 20.9.2001 of the learned Joint District Judge, 3rd Court Dhaka in Title Suit No. 81 of 1987 rejecting application filed by the petitioners praying for adding them as parties. 2. The respondent N..Category: Property Law | Date: | Hits: 24
Jabbar Jute Mills Ltd. Vs. Md. Abul Kashem & another, 2005, 34 CLC (AD)
....ate commissioner as was ordered by the appellate court on earlier occasion. In the circumstances we make no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 598. ...... J. - This appeal by leave is directed against the judgment and order dated 08.06.2002 passed by a Single Bench of the High Court Division in Civil Revision No.4005 of 2002 allowing the revisional application summarily. 2. Short facts are that the plaintiff instituted Other Class Sui..Category: Property Law | Date: | Hits: 71
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