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Anti-Corruption Commission Vs. Barrister Nazmul Huda and others, 2008, 37 CLC (AD)
....in QC, Senior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents (In Criminal Appeal No. 6 of 2008). Criminal Appeal Nos. 5 & 6 of 2008. (From the order dated 13-12-2007 passed by the High Court Division in Criminal Appeal Nos. 3742 and 4813 of 2007). ...... release the persons on bail. Reference may be made of cases reported in 1991 BLD (AD) 96 = 43 DLR (AD) 119, 1994 BLD (AD) 184 = 46 DLR (AD) 143 and 1999 BLD (AD) 202 = 51 DLR (AD) 162. 46. These decisions declaring laws on bail is part of law of the land and should be read into all the special ..Category: Anti-Corruption Laws | Date: | Hits: 219
Sarder M. Hashim Zaman & ors Vs. Thana Nirbahi Officer, Mithapukur, Rangpur & ors, 2008, 37 CLC (AD)
....Zahirul Islam, Advocate-on-Record—For Respondent No. 3. Not represented—Respondent Nos. 2 & 4-19. Civil Appeal No.158 of 2002. (From the judgment and order dated 24-11-1988 passed by the High Court Division in Civil Revision No. 4520 of 1997). Jud...... petition for leave to appeal. 6. Leave was granted to consider whether the learned Single Judge of the High Court Division acted illegally in exercise of its jurisdiction in coming to the decision that the defendant Nos. 13-15 had not voluntarily resigned as teachers but their resignati..Category: Civil Law | Date: | Hits: 110
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....mud, Senior Advocate (Rafiqul Islam Mia, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record-For the Respondent Criminal Appeal No.21 of 2003 (From the judgment and order dated 18.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No.8896 of 2002)......y and that though sufficient explanation was given for the delay in lodging the First Information Report, the High Court Division did not consider the same and thus came to an erroneous decision and as such the appeal may be allowed. 4. Mr. Rokanuddin Mahmud, learned Senior Ad..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....nior Advocate, instructed by A.K.M. Shadidul Huq, Advocate-on- Record-For the Appellant. Not represented- Respondents. Civil Appeal No. 181 of 2002. (From the Judgment and Order dated April 26,1999 passed by the High Court Division in Civil Revision No. 2707 of 1995) J......suit and defendant No.10 is instrumental in the institution of the suit and finally held that defendant No. 10 has no right, title and possession of the land in suit. On the aforesaid findings and decisions the trial court dismissed the suit. The trial Court made the positive finding that plaint..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
....or Advocate, instructed by Md. Nawab Ali, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Review Petition No. 47 of 2005 (From the judgment and Order dated December 4, 2004 passed by the Appellate Division in Civil Petition for Leave to Appeal No. ......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....880, 1416-1420, 1390, 109, 1099, 1352-1357 of 2002, and 135-138, 289, 765, 868, 288, 620 of 2003 and 214-218 of 2004). Civil Appeal Nos.76 & 77 of 1994 (From the judgment and order dated 15th August 1994 passed by the High Court Division in Writ Petition No. 1104 and 1152 of 199......d therefore it cannot be urged that the power under section 25 has been exercised arbitrarily or capriciously. 25. Justice Ajmal Miah, as the Chief Justice of Pakistan subsequently in a decision in the case of Collector of Customs, Kasmir Vs. M/s. the New Electronic Private Ltd. repor..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....n-Record- For the Appellants. Sultan Ahmed, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 68 of 2004 (From the Judgment and Order dated 12th November 2002 passed by the High Court Division in Civil Revision No.2468 of 2001) ...... mentioned about the incorporation of Exhibits 1-1(1) series yet non-incorporation of the same by the appellants in the paper book has become misleading, erroneous and incomplete affecting the decision seriously to the prejudice of the respondent. The learned Counsel further submitted that t..Category: Property Law | Date: | Hits: 34
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
....Lawyers Involved: Abu Sayeed, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Review Petition No. 60 of 2005 (From the judgment and Order dated February 2, 2005 passed by the Appellate Division in Civil Petition for Leave to Appeal No. ...... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 106
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
.... by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1470 of 2004 (From the judgment and order dated 16th. May, 2004 passed by the High Court Division in Civil Revision No. 3948 of 2002) ...... parties. It is categorically admitted that the O.P respondent No.1 is a stranger in the case Jama." 4. On the point of limitation the lower appellate court concurred with the decision of the trial court holding that: "the trial court made an elaborate dis..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....ui, Advocate instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Appeal No. 61 of 2002. (From the judgment and order dated 25.05.1998 passed by the High Court Division in Civil Revision No. 1233 of 1996.) Jud......of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of Bangladesh and others, 2006, 35 CLC (AD)
....Senior Advocate, instructed by Amir Hossain Chowdhury, Advocate-on-Record- For the Appellant. Ex parte-The Respondents. Civil Appeal No. 236 of 2002 (From the judgment and order dated 14-12-2000 passed by the Administrative Tribunal in Appeal No. 51 of 1998). Judgment: ......in view of the discussion made above, we are of the opinion that the Administrative Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....fia Khatun, Advocate-on-Record— For the Appellants. AKM Shahidul Huq, Advocate-on-Record—For the Respondent. Civil Appeal No.135 of 2004 (From the judgment and order dated 23rd March, 2002 passed by the High Court Division in Writ Petition No.1265 of 2000) J......s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
.... Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record — For Respondent No. 1. Civil Petition for Leave to Appeal No. 632 of 2002 (From the judgment and decree dated 5-2-2002 passed by the High Court Division in Second Appeal No. 205 of 1979). Judgment......t the plaintiff had manufactured some false and collusive documents and on the basis of those documents has filed this suit. 5. The trial Court decreed the suit. Being aggrieved by the decision, the defendant-petitioners filed Title Appeal No. 125 of 1970 before the District Judge, K..Category: Property Law | Date: | Hits: 35
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....Senior Advocate (Probir Neogi, Advocate with him) instructed by Ahsanullah Patwary, Advocate-on-Record— For the Respondents Civil Appeal No. 582 of 2001 (From the judgment and order dated 17-8-2000 passed by the High Court Division in Civil Revision No. 2363 of 1998). Judgm......Single Bench of the High Court Division also took the view that filing of the written statement by the defendant within the prescribed period is a mandatory requirement of law and accordingly, the decision reported in 47 DLR 326 relying on which the High Court Division discharged the..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of Industries and another, 2007, 36 CLC (AD)
....-ul Alam, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellant (In Civil Appeal No. 34 of 1997). Civil Appeal No. 40 of 2000 (From the judgment and order dated 20-7-1994 passed by the High Court Division in Writ Petition No. 298 of 1987). and Civil......r of which is residing outside Bangladesh for any purpose which, in the opinion of the Government, is not prejudicial to the interest of Bangladesh. The High Court Division considering the reported decision in the case of Messrs Helal Jute Press Limited Vs. Government of Bangladesh reported in 27 ..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-13. Civil Appeal No. 8 of 2003. (From the Judgment and Order dated July 17, 2002 passed by the High Court Division in Civil Revision No. 876 of 2002). Ju......r of the High School did not pay any heed to the request made by the School and, in that state of the matter, the Managing Committee of the School in its meeting held on November 30, 2001 took the decision to seek redress against the activities of the High School in the Court and also authorised..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....y Nurul Islam Bhuiyan, Advocate-on-Record— For Respondent No.1. Not represented— Respondent Nos.2 & 3. Civil Appeal No. 161 of 2005. (From the judgment and order dated 12-8-2003 passed by the Administrative Appellant Tribunal in AAT Appeal No.147 of 2003). ......of section 6 of the Administrative Tribunals Act 1980, in short, the Act provides a right to prefer appeal before the Administrative Appellate Tribunal within three months against an order or decision passed by the Administrative Tribunal but sub-section (2A) of said section 6 confers power..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....)—For the Appellants. Asrarul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent. Civil Appeal No. 14 of 1986. (From the Judgment and Order dated 14th September, 1984 passed by the High Court Division, Dhaka in Civil Revision No. 287 of 1......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....he Appellant Gholam Rabbani, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal Nos. 31 & 32 of 1985. (From the judgment and order dated 29.11.1984 passed by the High Court Division, Comilla Bench in Civil Revision Nos. 117 & 118 o......habuddin Ahmed CJ. - These two appeals by special leave are directed against a common judgment and decree of a learned Single Judge of the High Court Division reversing in revision the concurrent decision of the trial Court and the appellate Court. The principal question involved is, whether the..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....h, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For Respondent Nos. 1-4. Ex part — Respondent No. 5. Civil Appeal No. 73 of 1985. (From the Judgment and order dated 13.2.85 passed by the High Court Division, Dhaka in Civil Order No. 98 of 1985). Judgment......trict Judge, 2nd Court, Dhaka by his judgment and order dated 31.12.84 and on revision a Division Bench of the High Court Division, Dhaka by judgment and order dated 13.2.85 affirmed the findings and decision of the learned Subordinate Judge. 8. Before filing the present Title Suit No. 589 of 198..Category: Procedural Law | Date: | Hits: 116
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