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Irshad Hossain Vs. Bangladesh, 2007, 36 CLC (AD)

....Record-For the Petitioner (Appeared with leave of the court). Not Represented- the Respondents. Civil Provisional Petition for Leave to Appeal No. 83 of 2007. (From the order dated 5.2.2007 passed by the High Court Division in Writ Petition No. 988 of 2005.) Judgment......ot required to be unduly and overly sensitive in this regard The Civil Miscellaneous Petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 82. ..

Category: Civil Law | Date: | Hits: 80

Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)

.... by Mvi. Md. Wahidullah, Advocate-on-Record-For Respondent Nos. 1-3. Not represented- the Respondent Nos. 4-10.  Civil Appeal No.166 of 2004 (From the judgment and order dated the 3rd April, 2002 passed by the, High Court Division in Civil Revision No.830 of 1999). ......igh Court Division without consider­ing the law and facts has sent back the case on remand to the trial Court for re­hearing and thus, committed an error of law resulting in an error in the decision occasioning failure of justice." 6. It appears from the record that Margina Kh..

Category: Property Law | Date: | Hits: 23

M/S. Meghna Dairy and Food Products Ltd. Vs. Commissioner of Customs and oth­ers, 2007, 36 CLC (AD)

.... Zahirul Islam, Advocated on Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 990 of 2006. (From the judgment and order dated 27-06-2006 passed by the High Court Division in Writ Petition No. 3891 of 1998.) Judgm......awful authority and is of no legal effect. 7. We have heard the learned Advocate for the petitioner and perused the materials available on record and reasons to believe that the findings and decisions of the High Court Division do not suffer from any ille­gality or legal infirmity and ..

Category: Fiscal/Taxation Law | Date: | Hits: 70

State Bank of India Vs. Saudi-Bangladesh Industrial and Investment Co. Ltd. & anr, 2008, 37 CLC (AD)

....ant. Dr. Kamal Hossain, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For the Respondents. Civil Appeal No. 203 of 2000. (From the judgment and order dated the 11th day of July, 1999 passed by the High Court Division in F.A.T. No. 511 of 1999). ......can be con­strued as sufficient compliance of the pro­visions of Section 7(2) of the said Ain and the same is a question of great public importance, particularly, in view of the conflicting decisions given by two Divisions Benches of the High Court Division on the same question. 4...

Category: Banking Law | Date: | Hits: 96

M/s. Molla industrial Estate Vs. Khawja Mohammad Arifullah & others, 2008, 37 CLC (AD)

....ts. (In Civil Appeal No.137 of 2000). For Respondent No.8. (In Civil Appeal No.138 of 2000). Civil Appeal Nos. 135-138 of 2000. (From the judgment and order dated 9.8.1999 passed by the High Court Division in Writ Petition Nos.5392 of 1996 and 576 of 1998)......luding the writ petitioners and the Deputy Commissioner, Comilla after due hearing of the objections submitted the record of the proceedings with his opinion to the Divisional Commissioner for his decision. The Divisional Commissioner thereafter on consideration of the said report of the Deputy ..

Category: Property Law | Date: | Hits: 42

Dulal Mridha Vs. State, 2008, 37 CLC (AD)

....vocate-For the Appellant. Mrs. Umme Kulsum, Begum, Deputy Attorney General-for the Respondent. Jail Appeal No. 01 of 2005 (From the judgment and order dated 05.11.2003 passed by the High Court Division in Death Reference No. 3 of 2000 [heard along wit......the eye witnesses must be accepted. The case of Abdul Quddus vs. the State reported in 43 DLR (AD) 234 in this connection may be referred to. 29. Let me reproduce below paragraph 15 of the decision:- "15. The learned Advocate next contends that the oral evidence of P..

Category: Criminal Law | Date: | Hits: 62

Janata Bank Vs. Rezwanul Haque and others, 2007, 36 CLC (AD)

....ain, Advocate-on-Record-For Respondent Nos. 1-3. Not represented- Respondent Nos. 4-11.  Civil Petition for Leave to Appeal No. 608 of 2006. (From the judgment and order dated 28.3.2006 passed by the High Court Division in Writ Petition No. 2526 of 2006.) Judgme......not inclined to interfere with the impugned judgment of the High Court Division. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 996. ..

Category: Property Law | Date: | Hits: 19

Mohammad Dabiruddin Vs. A.K. Rezaul Karim and others, 2007, 36 CLC (AD)

....                  Civil Petition for Leave to Appeal No. 525 of 2005. (From the judgment and order dated 20th April, 2005 passed by the High Court Division in Writ Petition No.7031 of 2004) J......for which the Kadianies namely the supporters of Ahmadia Jamaat have already been declared as non Muslim by Parliament of Pakistan, Iran and by the Government of Saudi Arabia; In of good number of decisions of the highest Courts of different Countries, the followers of Ahmadia Jamaat has been at..

Category: Constitutional Law | Date: | Hits: 114

Eastern Tubes Limited Vs. Md. Abul Kalam Azad and others, 2007, 36 CLC (AD)

....d. Amir Hossain, Advocate-on-Record-For Respondent No.1. Not Represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No. 358 of 2006. (From the judgment and order dated 22.11.2005 passed by the High Court Division in Writ Petition No. 4804 of 2004). Judgm...... aforesaid order of the Labour Court without lawful authority by the impugned judgment dated 22.11.2005. 3. Syed Amirul Islam, the learned Advocate for the petitioner, submits that the  decision dated 7.7.2004 of the Labour Court in the aforesaid complaint case following the grievanc..

Category: Employment/Service Law | Date: | Hits: 81

S.M. Fazlul Haque Manik Vs. Md. Habibullah Baher and others, 2007, 36 CLC (AD)

....                  Civil Petition for Leave to Appeal No. 271 of 2007. (From the judgment and order dated 07.02.2007 passed by the High Court Division in Writ Petition No. 2343 of 2005.) Judgm......4. The High Court Division after hearing the parties discharged the Rule holding that recounting of ballot papers is permissible in law and in so holding the High Court Division relied  on the decision in  the case of Ansaruddin Ahmed, Nasir Miah and others Vs. Senior Assistant Judge a..

Category: Election Law | Date: | Hits: 98

Director & Secretary, Ministry of Establishment & ors Vs. Md. Hossain & ors., 2006, 35 CLC (AD)

....ocate-on-Record- For the Appellants.     Md. Nawab Ali Advocate-on-Record- For the Respondents. Civil Appeal No. 259 of 2003. (From the Judgment and Order dated May 20, 2002 passed by the High Court Division in Civil Revision No. 5654 of 2000) Ju...... find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 62; 26 BLD (AD) 2006, 241. ..

Category: Employment/Service Law | Date: | Hits: 82

Shabul Miah Vs. State, 2008, 37 CLC (AD)

....wyers Involved: Helal Uddin Mollah, Advocate-For the Petitioner. Not represented- the Respondent. Jail Petition No. 10 of 2007 (From the judgment and order   dated 20.5.2007 passed   by the High Court Division in Jail Appeal No.738 of 2003 with De......nefit of doubt to the petitioner does not arise at all. 5. We are of the view that the High Court Division, after considering all material facts available in the record arrived at a correct decision and we find no reason to interfere with the findings and decision of the High Court Divisi..

Category: Criminal Law | Date: | Hits: 39

State Vs. Md. Wazed Ali & another, 2008, 37 CLC (AD)

....tructed by Mvi. Md. Wahidullah, Advocate-on-record-For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record-For the Respondents. Criminal Appeal No.18 of 2001 (From the Judgment and order dated 03.12.1995 passed by the High Court Division in Criminal Appeal No. 1056 of 1990) Judgment ...... judgment of the High Court Division and the same is affirmed and maintained. Accordingly, the appeal is allowed. Ed. This Case is also Reported in: V ADC (2008) 979, 19 BLT (AD)(2011) 158. ..

Category: Criminal Law | Date: | Hits: 38

Liberty Food Company Limited Vs. Bombay Sweets and Company Limited, 2008, 37 CLC (AD)

....For Respondent No.1. (Appeared with the leave of the Court). Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 864 of 2006. (From the judgment and order dated 17.08.2004 passed by the High Court Division in Trade Mark Appeal No.60 of 2001) Judg......t up and wrapper and Registrar shall be at liber­ty to consider the prayer for the peti­tioners in accordance with law. Ed. This Case is also Reported in: V ADC (2008) 967. ..

Category: Intellectual Property Law | Date: | Hits: 306

M/S. A.S. Trade International Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

....In all the Civil Petitions). Not represented- the Respondents (In all the Civil Petitions). Civil Petition for Leave to Appeal Nos. 47-49 of 2006. (From the judgment and order dated the 23rd October, 2005 passed by the High Court Division in Writ Petition Nos. 298 of 1999 w......no sub­stance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 959. ..

Category: Fiscal/Taxation Law | Date: | Hits: 68

Mohammad Hossain Vs. Secretary, Ministry of Housing, 2008, 37 CLC (AD)

....d: Md. Nazrul Islam Talukder, Advocate-For the Petitioner. Not represented-Respondents. Civil Petition for Leave to Appeal No. 344 of 2006. (From the judgment and order dated 23.08.2005 passed by the High Court Division in Writ Petition No. 4503 of 2003.) Judg...... the list of abandoned property. 7. In view of discussions 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. The leave petition is dismissed. Ed. This Case is also Reported in: V..

Category: Property Law | Date: | Hits: 21

Fazor Ali Vs. Md. Marfat Ali and others, 2007, 36 CLC (AD)

.... Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not represented- For Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 1146 of 2006. (From the judgment and order dated 12.04.2006 passed by the High Court Division in Civil Revision No. 4389 of 2002.) Jud......the connected papers including the impugned judgment. We do not find any force in the points raised. The High Court Division upon correct assessment of the materials on record arrived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly..

Category: Property Law | Date: | Hits: 24

Palash Kumar Saha and another Vs. Santosh Chandra Roy and others, 2007, 36 CLC (AD)

....a Biswas, Advocate-on-Record-For the Petitioners. Not Represented -For the Respondents. Civil Petition for Leave to Appeal No. 556 of 2006 (From the judgment and order dated 25.10.2005 passed by the High Court Division in Civil Revision No. 243 of 1987.) Judg......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 has arrived at a correct decision. We therefore find no interference with the same. Accordingly, the petition is dis&s..

Category: Property Law | Date: | Hits: 23

Md. Alam Vs. Commissioner of Customs & others, 2007, 36 CLC (AD)

....wyers Involved: Mrs. Mahmuda Begum, Advocate-on-record-For the Petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1684 of 2005 (From the judgment and order dated 11.02.2002 passed by the High Court Division in Writ petition No. 2464 of 2000). Judgment ......e above, we find no sub­stances in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 917. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

AH Md. Ali Haider Quoraishi Vs. Shaheen Quoraishi and others, 2007, 36 CLC (AD)

....ed by Syed Mahbubar Rahman, Advocate-on-Record—For Res­pondent No. 1. Not represented-Respondent Nos. 2-4. Civil Appeal No. 203 of 2003. (From the judgment and order dated 22-7-2001 passed by the High Court Division in First Appeal No. 40 of 1994) Judgment&n......bsp;           Syed JR Mudassir Husain CJ. - I have perused the judgment written by Mr. Amirul Kabir Chowdhury, J and I agree with his findings and decision.               ..

Category: Procedural Law | Date: | Hits: 173