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Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)

....hidul Huq, Advocate-on-Record-For the Petitioner (In all the cases). Not represented- the Respondent (In all the cases). Civil Review Petition Nos.19-48 of 2007. (From the judgment and order dated 27.04.2006 passed by the Appellate Division in Civil Appeal Nos.56-86 of 2005.) Judgment ......ground that their services were no longer required for the organization and that the Government reduced the man­power of TCB from 541 to 235 and thus to release 306 employees and this was a pol­icy decision of the Government taken on the basis of recommendation of a commit­tee headed by an Additi..

Category: Employment/Service Law | Date: | Hits: 73

Md. Solaiman and others Vs. Bangladesh, 2008, 37 CLC (AD)

....ord-For the Petitioners (In both cases). Not represented- the Respondents (In both cases). Civil Petition for Leave to Appeal Nos. 318-19 of 2007. (From the judgment and order dated 5.11.2006 passed by the High Court Division in Writ Petition Nos.5397 & 5902 of 2005). ......t have any lawful authori­ty to grant any lease of any part of Shilpa Bhaban to any person and as such, the lease agreements being executed without lawful authority and also in violation of the decision of the inter-ministerial meet­ing dated 4.1.2004 and the premises in question being a..

Category: Civil Law | Date: | Hits: 84

Md. Tazimuddin and others Vs. Md. Mafizul Islam and others, 2008, 37 CLC (AD)

....nstructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Review Petition No. 122 of 2008. (From the judgment and order dated 29.05.2008 passed by this Division in Civil Petition for Leave to Appeal No.1642 of 2007. ......ew of the judgment passed by this Court. We find no merit in this review peti­tion which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 117. ..

Category: Property Law | Date: | Hits: 28

Narryan Chandra Das Vs. Sree Joydeb Datta and others, 2008, 37 CLC (AD)

....instructed by Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not represented-Respondent. Civil Petition for Leave to Appeal No.753 of 2006. (From the judgment and decree dated 25.10.2005 passed by the High Court Division in Civil Revision No. 1120 of 1995.) Jud...... cost of Tk. 20,000/- as directed by the High Court Division. With this modification as to cost this petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 110. ..

Category: Property Law | Date: | Hits: 26

RAJUK Vs. Dhaka Water Supply and Sewerage Authority and other, 2007, 36 CLC (AD)

.... Aftab Hossain, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 315 of 2005. (From the judgment and order dated 01.11.2004 passed by the High Court Division in Writ Petition No.410 of 1999) Judgment...... without jurisdiction. 3. The appellant as respondent in the writ petition, filed an affidavit-in-opposition stating, inter alia, that a joint meeting was held on 03.06.1990 at the Rajuk Bhaban and decision was taken to execute and register the lease deed in respect of the plot but the writ peti..

Category: Property Law | Date: | Hits: 28

Abdul Samad Khan Vs. Sree Dulal Chandra Ghose and Another, 2005, 34 CLC (AD)

.... Shahidul Huq, Advocate-on-record- For the Appellant. Ex-party- the Respondents.        Civil Appeal No. 75 of 1999. (From the judgment and order dated 28.10.1998 passed by the High Court Division in First Miscellaneous Appeal No.613 of 1991.) ...... the High Court Division in First Miscellaneous Appeal No. 613 of 1991 is set aside. There is no order as to cost. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 78. ..

Category: Civil Law | Date: | Hits: 71

Abdul Haris Akan Vs. Thana Nirbahi Officer, Sreepur, 2008, 37 CLC (AD)

....da Begum, Advocate-on-Record- For Respondent No. 3. Not represented- Respondent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 419 of 2007. (From the judgment and order dated 13.02.2007 passed by the High Court Division in Civil Revision No. 4941 of 1998). Jud......ing the prayer of the petitioner. We find no substance in this petition and accordingly the petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 73. ..

Category: Civil Law | Date: | Hits: 85

Government of Bangladesh and another Vs. Mrs. Rawshan Ara Begum and another, 2005, 34 CLC (AD)

...., Senior Advocate, instructed by Serajur Rahman Advocate-on-record- For Respondent No.1. Not represented-For the Respondent No.2. Civil Appeal No.1 of 1999. (From the judgment dated November 3, 1991 passed by the High Court Division in Writ Petition No. 448 of 1988) ......daughter Anwari Khatun has not been proved by calling the persons in whose presence the gift said to have been made upon ignoring any material or any material fact having the bearing in making the decision in the aforesaid matter was left out of consideration. In fact the High Court Division on ..

Category: Property Law | Date: | Hits: 29

Bangladesh Muktijoddha Kalyan Trust and another Vs. Md. Arshad Ali and others, 2007, 36 CLC (AD)

....im) instructed by Nawab Ali, Advocate-on-record-For Respondent No.1. Not represented- Respondent Nos.2-3. Civil Petition for Leave to Appeal No.498 of 2005. (From the judgment dated March 16, 2005 of the High Court Division in Writ Petition No.7981 of 2002) Judgment ......hall consider the report of the enquiry committee, the statement of the employee and other circumstances, if any, impose such penalty as it may deem proper in the circumstances of the case. The decision of the authority shall be communicated in writing to the employee concerned".  ..

Category: Employment/Service Law | Date: | Hits: 408

Janata Bank and another Vs. Sheikh Shamsur Rahman and others, 2008, 37 CLC (AD)

....007. Judgment              Md. Ruhul Amin CJ. - This petition for leave to appeal is directed against the judgment and order dated June 5, 2007 of the Administrative Appellate Tribunal, Dhaka in Administrative Appellate Tri......at the petition has been filed within time. In other words, it is not barred by limitation. The petitioner cannot be victimized or made scapegoat due to the latches of the Bank authority in taking decision of the departmental appeal/review. Thus I hold that the impugned order of dismissal of the..

Category: Administrative Law | Date: | Hits: 96

Amir Hossain Reza Vs. Bangladesh and others, 2008, 37 CLC (AD)

..... 1-10, 12.                 Civil Petition for Leave to Appeal No. 1042 of 2007. (From the judgment and order dated 10.06.2007 passed by the High Court Division in Writ Petition No.5794 of 2004). Judgme......azila, District-Sunamgonj issued a notice upon the petitioner vide Memo No.Gd, Gm,Gm, wc/m`i/mybvg/04/100(5) dated 27.07.2004 to show cause within 07(seven) days upon receipt of the same as to why decisions should not be taken in a special meeting for removal of the petitioner from the office of..

Category: Criminal Law | Date: | Hits: 32

State Vs. Ali Hossain alias Ali, 2007, 36 CLC (AD)

....by Mr. B. Hossain, Advocate-on-Record- For the Petitioner. Not represented- the Respondent. Criminal Petition for Leave to Appeal No.418 of 2005. (From the judgment and order dated 18.04.2005 passed by the High Court Division in Criminal Appeal No.1038 of 1994) Judgm......y the tin pot from the deceased and there is no evidence that the accused had any knowledge about the contents of the tin pot. Accordingly, in our view the High Court Division arrived at a correct decision and convicted the accused under section 304 part II and 324 of the Penal Code. In t..

Category: Criminal Law | Date: | Hits: 48

Abdul Quddus Matabbar Vs. Yousuf Ali Bayati and others, 2005, 34 CLC (AD)

....lant. Ozair Farooq, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent No. 1. Civil Appeal No.169 of 2000. (From the judgment and order dated 23.03.1999 passed by the High Court Division in Civil Revision No.3194 of 1991). Judgm......regarding the findings of the court of appeal on question of fact. Accordingly the appeal is allowed with, costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 45. ..

Category: Property Law | Date: | Hits: 28

Gazi Rafiqul Islam @ Manzu Vs. Mosharaf Hossain & others, 2007, 36 CLC (AD)

.... A.K.M.Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for leave to Appeal No. 131 of 2006. (From the judgment and order dated 13.07.2005 passed by the High Court Division in Civil Revision No.1162 of 2002) Judgme...... not bad for defect of parties. In view of the discussion made above, we are of the view that the High Court Division upon correct assessment of the materials on record arrived at a correct decision. 9. The learned Advocate-on-Record could not point out any other legal infirmity in..

Category: Property Law | Date: | Hits: 21

Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)

.... Miron Alam, Advocate, instructed by Mrs.Sufia Khatun, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1080 of 2007. (From the judgment and order dated 7.5.2007 passed by the High Court Division in Writ Petition No. 2302 of 2004) Judgment......llegal and without any lawful authority, is liable to be struck down. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no illegality or infirmity in the above decision so as to call for any interf..

Category: Employment/Service Law | Date: | Hits: 122

MA Sattar and others Vs. State, 2008, 37 CLC (AD)

....spondent Nos. 4-5 (In Civil Appeal No. 596 of 2001) Not represented- Respondent Nos. 8-12.(In Civil Appeal No. 596 of 2001) Criminal Appeal Nos. 1-10 of 2001. (From the judgment and order dated 24-8-2000 passed by the High Court Division in Criminal Appeal No. 1131 of 1993.) and C...... Civil Appeal No. 596 of 2001 is allowed without any order as to cost. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 74; VI ADC (2009) 157; 29 BLD (AD) 2009, 36; 14 MLR (AD) (2009) 168. ..

Category: Anti-Corruption Laws | Date: | Hits: 294

Md. Asadul Haque and others Vs. Md. Anisuzzaman and others, 2007, 36 CLC (AD)

....ain, Advocate-on-Record- For Respondent Nos. 1-5.  Not represented-Respondent Nos. 6-65. Civil Petition for Leave to Appeal No. 96 of 2006. (From the judgment and order dated 14.12.2005 passed by the High Court Division in F.M.A. No. 258 of 2005 with Civil Rule No.85...... till disposal of the present suit i. e Title Suit No. 13 of 2005. 5. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision of the..

Category: Property Law | Date: | Hits: 27

Moulana Md. Sibgatullah Vs. Government of the People's Republic of Bangladesh, 2008, 37 CLC (AD)

.... Not represented- Respondent Nos. 1-8 & 10.          Civil Petition for Leave to Appeal No. 1298 of 2007. (From the judgment and order dated 18.04.2007 passed by the High Court Division in Writ Petition No. 2655 of 2003.) Judgm......rd, Dhaka for examination and approval. The Appeal and Arbitration Committee of the Bangladesh Madrasha Education Board after hearing both the sides and perusing the relevant papers took unanimous decision that the dismissal of the writ petitioner from the post of Lecturer of the Madrasha was no..

Category: Employment/Service Law | Date: | Hits: 77

Abdul Wadud & others Vs. Abdul Wahed & others, 2007, 36 CLC (AD)

.... Nurul Islam Bhuiya, Advocate-on-Record- For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 251 of 2006. (From the judgment and order dated 16.11.2005 passed by the High Court Division in Civil Revision No.983 of 2000.) Judg......cogent ground to interfere with the same.      Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 106. ..

Category: Property Law | Date: | Hits: 21

State Vs. Abdul Kashem Member and others, 2008, 37 CLC (AD)

....ecord-For the Petitioner. Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Criminal Petition for Leave to Appeal No.464 of 2006. (From the judgment and order dated 10th and 13th August, 2005 passed by the High Court Division in Criminal Appeal No.1458 of 1......ppeal. 10. Syed Haider Ali, the learned Deputy Attorney General, appearing for the petitioner (State), submits that the High Court Division misread the evidence on record and came to a wrong decision by setting aside the impugned judgment and order of conviction so passed by the trial Cou..

Category: Procedural Law | Date: | Hits: 79