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Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....s against the judgment and decree passed by a Single Bench of the High Court Division in Civil Revision No. 2170 of 1998 on 7.12.1998 discharging the Rule thereby affirming the judgment and decree dated 16.11.1997 in Title Appeal No. 25 of 1997 passed by the learned Additional District Judge, 2n......e was void but the learned Judge of the High Court Division without considering the said aspect of he case committed error of law in affirming the findings and decisions as arrived at by he courts below and that the High Court Division did not take into consi..Category: Property Law | Date: | Hits: 40
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
....nbsp; Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 2.7.2003 passed by the High Court Division in Writ Petition No. 193 of 2002 discharging the R...... is not permissible. 6. We are of the view that the High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..Category: Employment/Service Law | Date: | Hits: 82
M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)
.... Hossain, Advocate-on-Record— For the Petitioner. B. Hossain, Advocate-on-Record — For the Respondent. Criminal Petition for Leave to Appeal No. 59 of 1989 (From the Judgment and order dated 29.5.1989 passed by the High Court Division, Jessore Bench in Criminal Appeal No. 13 of 1989).......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The petition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..Category: Criminal Law | Date: | Hits: 55
New Ideal Engineering Works Ltd. Vs. Bangladesh Shilpa Bank and ors., 1990, 19 CLC (AD)
....msul Hoque Siddique, Advocate-on-Record — For the Respondent Nos. 1-3. Not Represented— Respondent No.4. Civil Petition for Leave to Appeal No. 112 of 1990. (From the Judgment and Order dated 22 April, 1990 passed by the High Court Division, Dhaka in Writ Petition No. 763 of 1990.) ......2 April, 1990 passed by the High Court Division, Dhaka summarily rejecting the Writ Petition No.763 of 1990, filed by the petitioner. 2. The petitioner in the said writ petition challenged the decision of the Bangladesh Shilpa Bank (briefly BSB), respondent No.1, dated 10.4.90 (Annexure P) fo..Category: Banking Law | Date: | Hits: 117
B. D. Habibullah Vs. Election Commission and others, 1989, 18 CLC (AD)
....mmission directed the acceptance of result submitted by the Presiding Officer. Dr. Kamal Hossain referred to the Annexures at page 121 which bears a note by the Secretary to the Election Commission dated 29.3.88 to the effect "Seen, we may accept result as given in the Centre and no re-poll be tak......nt June 11, 1989. Result: The petition is dismissed. Words & Phrases The official note processed by secretary of the election commission and the election commission arriving at a decision, on such note later on cannot be said to be order of the secretary as because the impugned ..Category: Election Law | Date: | Hits: 146
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
....Huq Chowdhury, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate- on-Record—For the Respondent. Civil Petition For Leave to Appeal No. 13 of 1990. (From the Judgment and Order dated 14-11-89 passed by the High Court Division, Dhaka in Writ Petition No. 1701 of 1988). Judgm......the basis of these frivolous and machinated charges and that the order passed against him under MLO 9 should be reviewed and rescinded and his prayer for reinstatement allowed. 3. Following this decision in the CMLA's Secretariat, the criminal case was withdrawn but the other part relating to r..Category: Criminal Law | Date: | Hits: 53
Mahmudul Alam Mantu Vs. Sanwar Hossain Talukder & ors., 1990, 19 CLC (AD)
....Advocate with him) instructed by M. Nowab Ali, Advocate-on-Record—For the Respondent No. 1. Not Represented—Respondent Nos. 2-12. Civil Appeal No. 5 of 1990. (From the Judgment and Order dated 12 December, 1989 passed by the High Court Division, Dhaka in Writ Petition No. 998 of 1989)......onstitution of Bangladesh, 1972, Article 102 The Dhaka Municipal Corporation (Election of Commissioners) Rules, 1983, Rule 54(2) Election dispute There is no provision for appeal against a decision of the election tribunal constituted for adjudication of election tribunal cases of Dhaka C..Category: Election Law | Date: | Hits: 102
Kazi Forhad Hossain (Munna) Vs. Md. Golam Mustafa Sarwar, 2006, 35 CLC (AD)
....sp; Md. Tafazzul Islam J. - This criminal petition for leave to appeal by the complainant/petitioner is directed against the judgment and order dated 12.7.2003 of the High Court Division in Criminal Miscellaneous Case No. 3128 of 2001 filed un...... view that the High Court Division on proper consideration of the materials on record and considering the provision of section 195(1)(c) of the Code of Criminal Procedure arrived at a correct decision. The learned counsel could not point at any illegality or infirmity in the decision o..Category: Criminal Law | Date: | Hits: 39
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
.... Md. Tafazzul Islam J. - This petition for leave to appeal arises out of the judgment and order dated 16.5.2005 passed by the High Court Division in Civil Revision No.6558 of 2002 discharging the......cuted several documents and the defendants having failed to repay the loan notices were issued to the defendants on 1.3.1992 claiming payment of Tk. 21,39,049.00 which was then overdue; as per decision of Bangladesh Bank, by Public Notice dated 28.4.1992 the activities of Bangladesh Commerce..Category: Banking Law | Date: | Hits: 101
Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)
.... M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference No. 31 of......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 57
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....nt: Md. Ruhul Amin J.- The appeal by the defendant by leave is directed against the judgment dated December 3, 1998 of a Single Bench of the High Court Division in Civil Revision No.2824 of 19......hy;bargo having had withdrawn the plaintiff on April 17, 1970 filed the exchange deed before the Deputy Commissioner, Rajshahi and. thereupon Miscellaneous Case No. 37 of 1970 was registered, that decision having not been made by the authority the plaintiff again on February 11, 1994 filed an ap..Category: Property Law | Date: | Hits: 38
State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)
....gment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 03.06.1999 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Ca......estigating officer was collecting materials, the High Court Division was not justified in quashing the entire proceeding and as such the same is illegal and the submission that the consistent decisions of the Appellate Division of the Supreme Court is against the quashment of any proce..Category: Criminal Law | Date: | Hits: 74
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....bsp; Mohammad Fazlul Karim J. – The petitioners seek leave to appeal against the judgment and order dated 11.08.2002 passed in Civil Revision No. 1670 of 1995 making the rule absolute setting aside t......in the eye of law and referred to the case of Md. Ismail Vs. Munshi Ali Hossain reported in 60 DLR 641 in support of the proposition. 6. The High Court Division, However, has relied upon a decision in the case of Govt. of Bangladesh represented by Director of Movement and Storage Departm..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....ppeal No. 1812 of 2002 Judgment Md. Fazlul Karim J.- The petitioners seek leave to appeal against the judgment and order dated 31.M).2001 passed by the High Court Division in Appeal from Original Decree No. 88 of 1998 al......scretion of the employer and the discretion was not properly applied in withholding the time scale benefit in the case of the plaintiff-appellant opposite party and thereby arrived at a wrong decision to allow time scale benefit by the impugned judgment and decree, which is liable to be set..Category: Employment/Service Law | Date: | Hits: 136
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
.... M. M. Ruhul Amin, J.- Delay of 1 day is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated 14.03.2005 passed by a Division Bench of the High Court Division in Writ Petition No. 3465 of...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....es) Civil Petition for Leave to Appeal Nos. 1049 with 1434 of 2004 Judgment MM Ruhul Amin J.- Civil Petition for leave to appeal No. 1049 of 2004 is directed against the judgment and order dated 30.06.2001 passed by a Single Bench of the High Court Division in Company Matter No. 109 of 20......nment of ownership of the aforesaid 12,000 shares now standing in the name of the petitioner(Respondent herein), the parties may take recourse to the Civil Court if so advised and on the basis of decision of ownership of the said 12,000 shares the prayer for allotment of shares in favour of th..Category: Business or Commercial Law | Date: | Hits: 109
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....ppellant Syed Mahbubur Rahman, Advocate-on-Record- For Respondent Nos 1-3 Not represented- Respondent Nos. 4-7 Civil Appeal No. 288 of 2002 (From the judgment and order dated 15.01.2001 passed by the High Court Division in Civil Revision No. 1635 of 1995.) Judg......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Shamsuddin Sarder Vs. Md. Habisuddin Gazi and others, 2006, 35 CLC (AD)
.... Shahidul Huq, Advocate-on-record- For Respondent No. 1 Not represented- Respondent Nos. 2-12 Civil Petition for Leave to Appeal No. 969 of 2005 (From the Judgment and Order dated March 12, 2005 passed by the High Court Division in Civil Revision No. 4297 of 1997) J...... 6. In that view of the matter we do not find any reason to interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 24
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....an, Advocate-on-record-For the Appellants Firoz Shah, Advocate-on-record-For Respondent No. 1 Not represented-Respondent Nos. 2-9 Civil Appeal No. 223 of 2002 (From the judgment and Order dated May 9, 2001 passed by the High Court Division in Civil Revision No. 3560 of 1993) Judgment ......uired to dismiss the suit, that appellate Court while setting aside the judgment and decree of the trial Court did not advert itself to the evidence on record and that did not reverse the finding and decision of the trial Court. It has also been held by the High Court Division that the appellate Cou..Category: Property Law | Date: | Hits: 53
Md. Badshah Alam Vs. Md. Shahidul Islam & others, 2006, 35 CLC (AD)
.... by Abu Siddique, Advocate-on-Record-For respondent No.1 Not represented- Respondent Nos. 2-19 Civil Petition for Leave to Appeal No. 1059 of 2005 (From the judgment and order dated 28.06.2005 passed by the High Court Division in Civil Revision No. 3757 of 2004) ...... stay granted earlier shall continue till disposal of the appeal. The petitioner is directed to make the appeal ready within 6 (Six) months date for expeditious disposal. Ed. ..Category: Election Law | Date: | Hits: 111
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