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Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)
.... instructed by Md Wahidullah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Appeal No. 79 of 2006. (From the judgment and order dated 10-7-2005 passed by the High Court Division in Writ Petition No. 4609 of 2003). Judgme......but nevertheless a recognised non-Government secondary school does neither become a statutory body nor a local authority' within the meaning of the General Clauses Act, Referring to the above decision, this Division, in the case Noor-e-Alam vs. Bangladesh, 60 DLR (AD) 12, held that Rif..Category: Others | Date: | Hits: 270
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....ocate-on-Record—For the Respondent No. 1. Not Represented—For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 45 of 2008. (From the judgment and order dated 2-12-2007 passed by the High Court Division in Criminal Appeal No. 4082 of 2005). Judg......Advocate-on-Record for the petitioners and perused the connected papers. We are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. There is therefore no warrant in law to interfere with the same. Accordingly, the ..Category: Criminal Law | Date: | Hits: 79
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....—For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 1794 of 2007. (From the judgment and order dated 1-10-2007 passed by the High Court Division in First Miscellaneous Appeal No.258 of 2007). ......ected papers including the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision and dismissed the appeal. We therefore, find no reason to interfere with the same. ..Category: Property Law | Date: | Hits: 22
Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)
....n-Record—For the Petitioners. Md. Nawab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 1682 of 2008. (From the judgment and order dated 9-6-2008 passed by the High Court Division in Writ Petition No.7173 of 2007). Judgment......ncluding the impugned judgment. We do not find any substance in the points raised. The High Court Division upon correct assessment of the legal position and materials on record arrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly di..Category: Labour and Industrial Law | Date: | Hits: 90
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....vocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 passed by the High Court Division in Criminal Revision No.1373 of 2003).......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....resented - Respondent Nos. 2. Civil Appeal No. 176 of 2002 Judgment Mohammad Fazlul Karim J.- This appeal arising out of a review petition by leave is directed against the judgment and order dated 16.03.1999 passed by this Court in Civil Petition for Leave to Appeal No. 27 of 1999 filed aga......Mr. Rafique-Ul-Huq, the learned Counsel argue while moving this review that an error of law apparent on the face of the record has been committed in refusing to grant leave to appeal relying on the decision reported in 21 DLR page 357 since it is no longer applicable in view of Articles 2 and 6 of..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....y Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1 & 5. Not Represented - Respondent Nos. 2-4. Criminal Review Petition No. 3 of 2004. (From the Judgment and order dated 26.8.2003 passed by this Division in Criminal Appeal No. 17 of 1999). Judgment ......ion over the suit property as co-sharers, we are of the view that ends of justice would be met if the receiver continues to remain in possession and the aggrieved party goes to the civil Court for decision about title and possession over the same, that since the first party claims the property t..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....Record - For the Appellant. Kazi Shahadat hossain, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record – For the Respondent. Civil Appeal No. 16 of 1994. (From the Judgment and Order dated 15th November 1993 passed by Administrative Appellate Tribunal No. 33 of 1993). Judgment ......in that the order of compulsory retirement was legally passed and confirmed in appeal because of the respondent's conviction on a criminal charge in a Martial Law Court. 5. It appears that the decision in the matter at both the trial and the appellate stage turned on the question as to whethe..Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... Chkalader, Advocate-on-Record-For the Appellants. Md. Aftab Hossain Advocate-on-Record – For the Respondent. Civil Appeal No. 48 of 1994. (From the Judgment and Order dated 18 December 1991 passed by the High Court Division in Writ Petition No. 43 of 1986). J...... an order. If, however, the competent authority considers that a lesser penalty or no penalty at all is called for in the circumstances of the case, there is no bar to that authority taking a decision accordingly. If it is decided to award the penalty of dismissal, removal or reduction..Category: Employment/Service Law | Date: | Hits: 97
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....ocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the Appellant Not Represented - the Respondent. Civil Appeal No. 11 of 1997 (From the Judgment and Order dated 20 March 1988 passed by the High Court Division in Second Appeal No. 1077). Judgment ......, Title Appeal No.16 of 1964 to the District Judge. The appeal was on transfer, heard by the learned Subordinate Judge, Kushtia, who agreed with all the findings of the trial Court and affirmed its decision. 7. The unsuccessful defendant then preferred Second Appeal No. 1077 of 1966 t..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....or the Appellant M.A. Wahab Miah, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents Civil Appeal No. 56 of 1996. (From the Judgment and Order dated 10th August 1994 passed by the High Court Division in Civil Revision No. 1710 of 1992.) ......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ior Advocate, instructed by Md. Aftab Hossain, Advocate on Record - For the Respondents Not Represented - Respondent Nos. 2-6. Civil Appeal No. 51 of 1994. (From the Judgment and Order dated 27 April, 1994 passed by the High Court Division Dhaka in F.A. No. 11 of 1984 (Chittagong) F.A...... case and the evidence on record the trial court dismissed the suit. The unsuccessful plaintiff then took an appeal there form to the High Court Division which, by the impugned judgment, reversed the decision of the trial court and decreed the suit in part allowing preemption. 5. In terms of the ..Category: Property Law | Date: | Hits: 66
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....Advocate, instructed by Md. Aftab Hossain, Advocate-On-Record-For Respondent No.1. Not Represented-Respondent Nos.2-6. Civil Appeal No. 58 of 1994. (From the Judgment and Order dated 16th May, 1993 passed by the High Court Division, in Writ Petition No. 683 of 1989). J...... the Ad hoc committee of such Society, appointed under Section 23 of the Ordinance, amenable to the writ jurisdiction as well. 7. In support of his contention Dr. Hossain cited the following decisions:- Ziaul Huq Vs. East Pakistan Co-operative Society Limited and others, PLD 19..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....cate instructed by Sharifuddin Chaklader, Advocate-on-Record - For Respondent No. 2. Not represented - Respondent No.1. Civil Appeal No. 68 of 1994 (From the Judgment and Order dated 11-3-93 passed by the High Court Division in Writ Petition No. 688 of 1987) Judgment ......the Labour Court was disposed of by the High Court Division by sending the case back to the Labour Court for re hearing on certain matters. The Labour Court after re-hearing reiterated the previous decision by judgment and order dated 22-10-87. Being aggrieved the appellant obtained a Rule N..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....ructed by Mvi. Md. Wahidullah, Advocate-on-Record – For respondent No. 1. Not represented - Respondent Nos. 2-3. Civil Appeal No. 18 of 1998. (From the Judgment and Order dated 30-1-95 passed by the High Court Division in Writ Petition No. 1041 of 1993). Judgment...... submissions, first, that while exercising jurisdiction under Article 102 of the Constitution the High Court Division was wrong in converting itself into a Court of Appeal and in reversing the decision of the Court of settlement without coming to the conclusion that its decision is vitiated ..Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....instructed by Shamsul Haque Siddque, Advocate-on-Record - For respondent No.1. Not represented - Respondent Nos. 2-11. Civil Appeal No. 27 of 1997. (From the Judgment and Order dated 17.2.92 passed by the High Court Division in Civil Revision No. 81 of 1987). Judgment ......on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....h; For Respondent No. 1 Akhtar Imam, Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record - Respondent No.2 Civil Appeal No. 15 of 1997. (From the Judgment and Order dated June 7, 1994 passed by the High Court Division, Dhaka in Writ Petition No. 802 of 1994). ......direct or require the restoreation, return, transfer or other disposition of any property as has been so taken over or vested, shall stand annulled and shall be of no effect as if such judgments, decisions, decrees, writs, injunctions or orders had not been rendered, passed, issued or made, ..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
.... Nurul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For respondents (In C. A. No. 80 of 1998). Civil Appeal No. 79-80 of 1998. (From judgment and order dated 18.5.1998 passed by a Single Bench of the High Court Division in Civil Revision Nos. 3730 of ...... and for no cither purpose. He further submits that if any person is aggrieved by any order of the administrator pending any one as Motwalli may prefer appeal to the District Judge whose decision shall be final under section 43 of the Ordinance and when in the present appeals were dism..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....am Bhuiyan, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record - Respondent No. 1. Not Represented - Respondent No. 2. Civil Appeal No. 57 of 1994. (From the Judgment and Order dated 10 Match 1994 passed by the High Court Division, Dhaka in Civil Revision No. 814 of 1993). ...... that the suit land fell in the saham of Bishatullah by amicable partition and that the sale deeds alleged by the plaintiffs were not acted upon. Accordingly, the learned Subordinate Judge upheld the decision of the trial court. 6. The unsuccessful plaintiffs then moved the High Court Division wi..Category: Procedural Law | Date: | Hits: 36
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....vocate, instructed by Zahirul Islam, Advocate-on-Record - For Respondent No. 1. Not represented - Respondent Nos. 2-4. Civil Appeal No. 231 of 2003 (From the judgment and order dated 13th April, 2003 passed by the High Court Division in Writ Petition No. 536 of 2003) J......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. This case is also Reported in: II ADC (2005) 514. ..Category: Election Law | Date: | Hits: 282
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