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Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)

....or the Appellants. A.K.M.Shahidul Huq, Advocate-on-Record-For Respondent No.1 Ex Parte- Respondent Nos. 2-3 Civil Appeal No. 216 of 2002 (From the judgment and order dated 08.12.1999 passed by the High Court Division in Civil Revision No. 240 of 1991.) Judgm......ent of the materials on record arrived at a correct deci­sion. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 59

Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)

....Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not repre­sented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by the High Court Division in first Appeal No. 70 of 2004) Judgement......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..

Category: Business or Commercial Law | Date: | Hits: 121

State Vs. Sentu and others, 2004, 33 CLC (AD)

....cted by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioner Not represented-Respondents Criminal Petition For Lave to Appeal No. 131 of 2003 (From the Judgment and Order dated 13.04.2003 passed by the High Court Division in Criminal Appeal No. 2624 of 1997) Judg......o. 15 of 1996 of 2nd Court of Additional Sessions Judge, Barisal corresponding to G.R. Case No. 342 of 1993 P. S. Kotwali immediately and to enlarge them on bail to his satisfaction. Ed. ..

Category: Criminal Law | Date: | Hits: 41

M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)

.... Firoz Shah, Advocate-on-Record-For Respondent No. 1 Not Represented- Respondent No. 2 Criminal Petition for Leave to Appeal No.127 of 2003 (From the Judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001) ......der Section 420 of the Penal Code and as such the order of framing charge against the accused petitioner under section 420 of the Penal Code suffers from serious illegality. In this connection the decision in the case of P. Eswara Reddy vs. State of Andhra Pradesh reported in 1986 CRI. L. J. 207..

Category: Criminal Law | Date: | Hits: 44

Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)

..... Aftab Hossain, Advocate-on-Record -For Respondent No.2 Not represented-Respondent Nos.1, 3-6. Civil Petition for leave to Appeal No. 738 of 2005 (From the Judgment and Order dated 24.05.2005 passed by the High Court Division in Writ Petition No 2664 of 2004.) Judgem......the file a writ petition challenging the order dated 22.04.2004 annexure-J to the writ petition. 11. Lastly he submits that the impugned let­ter of approval dated 22.04.2004 is an abrupt decision of the Madrasha Education Board after a long gap of two years without any reference to the..

Category: Constitutional Law | Date: | Hits: 139

Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-opera­tive Office, Rajshahi & ors., 2005, 34 CLC (AD)

....ab Hossain, Advocate-on-Record-For Respondent No.4. Not represented-Respondent Nos.1-3 and 5-6. Civil Petition for Leave to Appeal No. 785 of 2005. From the Judgment and Order dated 16th May, 2005 passed by the High Court Division in Writ Petition No. 158 of 2004) Jud......nd considered the case of the parties in proper perspective and in con­sideration of the relevant provision of law rightly decided the case. We are fully in agree­ment with the findings and decisions of the High court Division. In the aforesaid premis­es, we find no merit in this pet..

Category: Constitutional Law | Date: | Hits: 162

Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)

....Floor) 195, Motijheel Commercial Area, Dhaka and another ...........Respondents Judgement April 26, 2006. Civil Petition For Leave to Appeal No. 581 of 2005 (From the judgment and order dated 15.03.2005 passed by the High Court Division in Writ Petition No. 6818 of 2004) Lawyers Inv...... writ petitioner to market its bev­erages using the cans bearing trade mark of "Crown" and "Hunter" containing beverage within permissible limit in accordance with law and the light of the aforesaid decision of the Appellate Division the company can law­fully continue manufacturing and marketing o..

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)

....mdash;Respondent Nos. 2-13, 15-19, 21-24, 26-28, 31, 33 and 34 (In Civil Petition No. 136 of 2005) Civil Petition for leave to Appeal Nos.135-136 of 2005. (From the judgment and Order dated 29.08.2004 passed by the High Court Division in Writ Petition Nos.8254 of 2002 and 4344 of 2......er of a project are transferred to rev­enue budget after completion of the project. But this is done purely considering potentiali­ty and fund availability of the Government and that as per decision of the ECNEC meet­ing applications for appointment have been invited for the project p..

Category: Others | Date: | Hits: 87

Noor Uddin Vs. Alimuddin and others, 2005, 34 CLC (AD)

.... Islam Bhuiyan, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Petition for leave to appeal No.1248 of 2003. (From the Judgment and order dated 29.06.2003 passed by the High Court Division in Civil Revision No.4300 of 2002.) Judgm......n not change the nature and character of the suit. 6. In the circumstances, we are of the view that the High Court Division upon correct assessment of the materials arrived at a cor­rect decision. Accordingly, the petition is dismissed. Ed. ..

Category: Procedural Law | Date: | Hits: 154

Bhulu Miah and others Vs. Begum Shakhina Khatun and others, 2005, 34 CLC (AD)

....ners Moshiuzzaman, Advocate, instructed by Md. Nawab Ali, Advocte-on-Record- For the Respondents Civil petition for leave to Appeal No.325 of 2005 (From the judgment and order dated 1st February, 2005 passed by the High Court Division in Civil Revision No. 1806 of 2004) ......of 4.54 acres of land of the original deed of the defendants by the plaintiff and the original deed of the plaintiff, committed error of law in making the Rule absolute resulting in a error in the decision causing failure of justice. He thereafter argued that the lower appellate Court rightly se..

Category: Property Law | Date: | Hits: 32

Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)

..... 612 0f 2005) Not represented-Respondent Nos. 3-14 (In Civil Petition No. 737 of 2005) Civil Petition for Leave to Appeal Nos. 612 And 737 Of 2005 (From the Judgment and Order dated 28.03.2005 passed by the High court Division in Writ petition No. 1735 of 2004) Judgem......ules in A, B, and C etc. and in the instant case B has been followed and so there is no illegality. 13. In support of the submissions the learned Additional Attorney General referred to the decision in the case of Secretary, (Health) Department of Health & F. W and Another Vs. DR. Ani..

Category: Employment/Service Law | Date: | Hits: 86

Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)

....Hossain, Advocate-on-Record-For Respondent No.1 Not represented— For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 474 of 2005. (From the Judgment and Order dated 5.4.2005 passed by the High Court Division in Civil Revision No.4754 of 2003.) Judgmen......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..

Category: Property Law | Date: | Hits: 33

Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)

..... 392 of 2005) Not represented-Respondent Nos. 1-5, 7 and 8 (In Civil Petition No. 523 of 2005) Civil Petition for Leave to Appeal Nos. 392 & 523 of 2005 (From the judgment dated 16.03.2005 passed by the High Court Division in Civil Revision No. 5933 of 2001) Judge......n the basis of legal document executed by the Dhaka City Corporation. 11. He submits that the High Court Division did not consider this vital aspect of the case and thus came to an erroneous decision dis­charging the rule. 12. The submissions made on behalf of the petitioners i..

Category: Civil Law | Date: | Hits: 120

Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)

....ment:                   Md. Ruhul Amin J. - This is plaintiffs' appeal by leave against the judgment and order dated July 16, 2001 of a Single Bench of the High Court Division in Civil Revision No. 232 of 1999 ...... by the Secretary, RAJUK to the appel­lants that .25 acre out of .85 acre has been retained by the RAJUK for construction of the road and the rest of the acquired land has been released as per decision of the Council of the Ministers in 1991 and thereupon this Division asked  the learne..

Category: Property Law | Date: | Hits: 40

Abdul Quddus Vs. Raquib Ali being dead his legal heirs Aziruddin and others , 2005, 34 CLC (AD)

.... by Chowdhury Md. Zahangir, Advocate-on- Record- For the Petitioner Not represented-Respondents Civil Petition for leave to Appeal No. 137 of 2005. (From the Judgment and order dated 28.11.2004 passed by the High Court Division in Civil Revision No.3664 of 2003.) Judge......to be deposited within one month. Preparation of paper book is dispensed with as prayed for. Stay granted earlier be extended for further 6 (six) months from the date. Ed. ..

Category: Property Law | Date: | Hits: 35

M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)

....n No. 490 of 2005) Not represented-Respondent Nos. 2-7 (In Civil Petition. 223 of 2005) Civil Petition for leave to Appeal Nos.223 and 490 of 2005. (From the Judgment and order dated 04.01.2005 passed by the High Court Division in Writ Petition No. 1463 of 2004.) Judge......are these petitions. 6. In support of Civil petition No. 223 of 2005, Mr. T. H. Khan, learned Counsel submits, inter alia, that the writ petitioner respondent being satisfied with the  decision of the respondents in their action to hold 6th call, paid bid money for 7 items only out o..

Category: Civil Law | Date: | Hits: 97

GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)

....e instructed by Mahmuda Begum, Advocate-on-Record—For the Petitioner. Not represented—the Respondent. Civil Petition for Leave to Appeal No. 919 of 2005. (From the judgment and decree dated 5-1-2005 passed by the High Court Division in Civil Revision No.5360 of 2000). Judgment ......Assistant Judge, Mithapukur, Rangpur for declaration that the memo dated 10-2-1998 dismissing the plaintiff from the post of Line Technician, Rangpur Pally Bidyut Samity-1, Sathibari, Rangpur and the decision taken in 197th Board meeting of the said Samity on 29-3-1998 disallowing the appeal of the ..

Category: Employment/Service Law | Date: | Hits: 181

Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)

....te-on-Record—For the Appellants. Md. Ataul Huq, Advocate-on-Record—For the Respondents. Civil Appeal No. 99 of 2002. (From the Judgment and Order dated March 29, 2001 passed by the High Court Division in First Miscellaneous Appeal No. 315 of 198......ial Court while setting aside or reversing the judgment of the said Court. The appellate Court is also required to arrive at independent finding in support of its disagreement with the finding and decision of the trial Court or, in other words, while considering the finding and decision of the t..

Category: Civil Law | Date: | Hits: 112

Abu Taleb Vs. State, 2007, 36 CLC (AD)

....ab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondent Criminal Petition for Leave to Appeal No.76 of 2005. (From the judgment and order dated 12-2-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 386 of 2005). ...... rightly rejected the petition. 13. We have perused the impugned order of the High Court Division and we do not find any ground to interfere. The petition is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 47

Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)

....am Bhuiyan, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No.226 of 2004. (From the judgment and order dated 3rd December 2003 passed by the High Court Division in Writ Petition No.2580 of 1996). ......ile in respect of the instant consignment bearing No. 5 CUS (804) Import/ICD Group-2/96 on bill of entry No. 05564 dated 30-6-1996 and by his order dated 3-7-1996 affirmed and approved the earlier decision of the customs authority ICD, Kamalapur, Dhaka for assessment of the customs duty of the i..

Category: Fiscal/Taxation Law | Date: | Hits: 126