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Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)
....out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......ocate, instructed by Md Wahidullah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-6. Civil Appeal No. 79 of 2006. (From the judgment and order dated 10-7-2005 passed by the High Court Division in Writ Petition No. 4609 of 2003). ......609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ......l, by leave, is directed against the judgment and order dated 10-7-2005 of the High Court Division passed in Writ Petition No. 4609 of 2003 making the Rule absolute with a direction upon the petitioner to allow the respondent No.1 to resume his duties as the Principal of Shahebabad Islamia Senio..Category: Others | Date: | Hits: 270
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......i, Advocate-on-Record—For the Respondent No. 1. Not Represented—For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 45 of 2008. (From the judgment and order dated 2-12-2007 passed by the High Court Division in Criminal Appeal No. 4082 of 2005). ......o interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ...... Md. Joynul Abedin J SAN Mominur Rahman J Abu Sayed (Md) alias Saidur Rahman and another..........Petitioners Vs. Sonia Akhter Selina and another…..........Respondents Judgment..Category: Criminal Law | Date: | Hits: 79
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......Record—For the Petitioners. Syed Mahbubur Rahman, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 1794 of 2007. (From the judgment and order dated 1-10-2007 passed by the High Court Division in First Miscellaneous Appeal No.258 of 200......the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ...... J Md. Joynul Abedin J Kamrunnessa Nilufar and another.........Petitioners Vs. Mahmudul Faruque and others...........Respondents Judgment Fe..Category: Property Law | Date: | Hits: 22
Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......cate-on-Record—For the Petitioners. Md. Nawab Ali, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 1682 of 2008. (From the judgment and order dated 9-6-2008 passed by the High Court Division in Writ Petition No.7173 of 2007). Ju......etition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......; Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Bangladesh Bridge Authority & another......... Petitioners Vs. Mukul Kumar Biswas and others..................Respondents Judgment&n..Category: Labour and Industrial Law | Date: | Hits: 90
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......an, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 passed by the High Court Division in Criminal Revision No.1373 of ......consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ...... (AD) (2009) 81; VI ADC (2009) 444. ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. ......ot represented - Respondent Nos. 2. Civil Appeal No. 176 of 2002 Judgment Mohammad Fazlul Karim J.- This appeal arising out of a review petition by leave is directed against the judgment and order dated 16.03.1999 passed by this Court in Civil Petition for Leave to Appeal No. 27 of 1999 fil...... DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (SC) 357; Wright, Crossly and Co. S.T.M. 15 RFC 131; Ellis & Co. T.M. 21 RFC 617; G.C.H.Q. Case (Council of Civil Service Unions V. Minister for the Civil Service 1985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C......985 A.C. 374); British Airways Board v. Laker Airways Ltd ((1985) A.C. 58); Kynaston V. Secretary of State for the Home Department (1981) 73 Cr. App. R. 281); Trawnik v. Lennox ((1985) 1 WLR 532); Malone v. Commissioner of Police of the metropolis ((1979) Ch 344; R. vs. Immigration Appeal Tribunal e..Category: Intellectual Property Law | Date: | Hits: 233
Mvi. Amzad Ali and others Vs. Shamsuddin alias Shamsuddoha and others, 2005, 34 CLC (AD)
....Advocate for the second party petitioner are valid grounds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......cted by Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1 & 5. Not Represented - Respondent Nos. 2-4. Criminal Review Petition No. 3 of 2004. (From the Judgment and order dated 26.8.2003 passed by this Division in Criminal Appeal No. 17 of 1999). Judgment ......nds for review and accordingly, this criminal review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 615. ......n (Criminal) Present: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mvi. Amzad Ali and others.......Petitioners Vs. Shamsuddin alias Shamsuddoha and others. . . .Respondents Judgment ..Category: Criminal Law | Date: | Hits: 34
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....quoted in Ram Bilas Paswan Vs. Union of India (Cal) (1991) 16 Administrative Tribunal Cases 18 which reads as follows: "The mere passing of an order of dismissal is not effective unless it is published and communicated to the officer concerned. An order of dismissal passed by an appropri......nstance of the Secretary, Ministry of Law and Justice and Parliamentary Affairs arises out of a proceeding under the Administrative Tribunals Act, 1980 (Act No.VII of 1981) and is from judgment and order dated 27.11.1993 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.33 of 199...........................Respondent Judgment June 4, 1995. Cases Referred to- Monoranjan Mukharjee Vs. Election Commission, 1990 BLD (Vol. X) 17 = 41 DLR (1989) 484; State of Punjab Vs. Amar Singh Harika, AIR 1966 SC 1313; Ram Bilas Paswan Vs. Union of India (Cal) (1991) 16. Lawyers Invol......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
.... order to decide the question raised before us it is necessary to refer to the relevant provisions of ordinance No. V of 1985. This ordinance was promulgated by the President on 31 January 1985 and published for general information in the Bangladesh Gazette on 3 February 1985. The object of the ......r 1991 passed by the High Court Division in Writ Petition No. 43 of 1986). Judgment Bimalendu Bikash Roy Choudhury J. - This appeal by leave is directed against the judgment and order dated 18 December 1991 of the High Court Division in Writ Petition No. 439 of 1986. The Firs...... Abdur Razzaque………………………Respondent Judgment November 19, 1996. Lawyers Involved: M. A Tariq, Advocate, instructed by Sharifuddin Chkalader, Advocate-on-Record-For the Appellants. Md. Aftab Hossa......86 that the authority had decided that the order of his dismissal would subsist unless it was set aside by a competent Civil Court. 3. The respondent thereupon filed the aforementioned writ petition under Article 102 (2) (a) of the Constitution of the Peoples Republic of Banglad..Category: Employment/Service Law | Date: | Hits: 97
Mst. Jahera Khatun and others Vs. Abu Bakar, 1998, 27 CLC (AD)
....nt and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ......erefore deserve to stand. 12. The appeal is accordingly allowed and the judgment and decree of the High Court Division are set aside and those of the lower Courts restored. There shall be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 587. ...... Mst. Jahera Khatun and others..........Appellants Vs. Abu Bakar …………..Respondent Judgment July 29, 1998. Lawyers Involved: Moinul Hossain, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the ....... Damurhuda. 3. The suit plot originally belonged to Lalit Mohan who at his death was survived by his 3 sons - Santosh Kumar, Nripendra Kumar and Birendra Kumar. The plaintiffs claimed that one Banamali Biswas had purchased and got into possession of the suit land from the "said..Category: Property Law | Date: | Hits: 36
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ......d by the High Court Division in Civil Revision No. 1710 of 1992.) Judgment Mohammad Abdur Rouf J.- This appeal, following leave, by the plaintiff-appellant, is from the judgment and order passed on August 10,1994 by a Single Bench of the High Court Division in Civil Revision No.1...... Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case ......al J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Res..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......ree of the High Court Division be set aside and the case be sent back to that court for fresh disposal in accordance with law and in the light of the observations made here in above. There will be no order as to costs. The appeal may be heard by any Division Bench of the High Court Division other th......r Rhman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Ranjit Sarker and others..................Defendant-Appellants. Vs. Sree Sukhendu Bikash Biswas & others.........Plaintiff-Respondents Judgment June13, 1996. Result: The appeal is allowed. Lawyers Invo......du, besides his widow, defendant No. 4 Kiron Bala. Ardhendu and Purnendu died unmarried to be succeeded by his two surviving brothers- the plaintiff and defendant No. 3. Krishan died leaving behind one son defendant No. 2 Kanu and his widow. Defendant No. 5 Kanu executed a deed of sale (Ext.4) on ..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
.... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......Order dated 28.5.92 passed by the Administrative Appellate Tribunal in Appeal No.89 of 1991) Judgment Latifur Rahamn J. - This appeal by the Government of Bangladesh is against the judgment and order dated 28.5.92 passed by the Administrative Appellate Tribunal in Administrative Appeal No. 89 ......malendu Bikash Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 31, 1997. Lawyers Involved: B. Hosssain Deputy Attorney General instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellant...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579...Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ...... Judgment Mohammad Abdur Rouf J.– The appellant, Bangladesh Co-Operative Insurance Limited, briefly "the Society", has called in question by leave the judgment and order of a Division Bench of the High Court Division dated 16.5.93 passed in Writ Petition No. 683 ............Respondents Judgment August 17, 1997. Cases Referred to- Ziaul Huq Vs. East Pakistan Co-operative Society Limited and others, PLD 1969 (Dhaka) 105; Deputy Managing Director and Chairman, National Bank of Pakistan and others Vs. Ataul Haque 17 DLR (SC) 74; Foi...... fall within the definition of "local authority" and that it is not amenable to the writ jurisdiction of the High Court Division. As such the High Court Division has patently taken an erroneous view that when the affairs of a Co-Operative Society are managed by an appointed Ad hoc Mana..Category: Others | Date: | Hits: 224
M/S. Karim Jute Mills Ltd. Vs. Chairman, Second Labour Court, Dhaka and another, 1997, 26 CLC (AD)
....m generis with the words "physical or mental incapacity." The appeal is allowed without any order as to costs. Ed This Case is Also Reported in: II ADC (2005) 569. ...... the High Court Division in Writ Petition No. 688 of 1987) Judgment Mustafa Kamal J. - This appeal by leave by the writ petitioner M/S. Karim Jute Mills Ltd. is from the judgment and order dated 11-3.93 passed by a Division Bench of the High Court Division discharging the Rule Nisi............Respondents Judgment July 8, 1997. Case Referred to- Writ Petition N. 219 of 1985 (unreported) Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the appellant. Md. Asaduzzaman,...... (From the Judgment and Order dated 11-3-93 passed by the High Court Division in Writ Petition No. 688 of 1987) Judgment Mustafa Kamal J. - This appeal by leave by the writ petitioner M/S. Karim Jute Mills Ltd. is from the judgment and order dated 11-3.93 passed by a Division B..Category: Labour and Industrial Law | Date: | Hits: 72
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
.... been returned to them by the Government of Bangladesh treating the writ petitioner as a share-holder being a resident of a neutral country. On the 23rd September 1986 the Government of Bangladesh published a Notification in the Bangladesh Gazette under the Abandoned Buildings (Supplementary Pro......ision in Writ Petition No. 1041 of 1993). Judgment Mustafa Kamal J. - This appeal by leave by the Government respondent in writ petition No. 1041 of 1993 is from the judgment and order dated 30-1-95 passed by a Division Bench of the High Court Division making the Rule Nisi abso......…….Respondents Judgment April 2, 1998. Lawyers Involved: A.W. Bhuiyan, Additional Attorney General, (Md. Sajjadul Huq, Assistant Attorney General with him instructed by B. Hossain, Advocate-on-Record – For the appellant. Rafique-ul Huq, Seni......hy;ed in the writ petition that she was born in Tanzania in 1937 and that her parents migrated and were permanently domiciled as residents of Chittagong in 1947. The husband of the writ petitioner also came to the then East Pakistan in 1947 from Bombay and permanently settled at Chittagong...Category: Property Law | Date: | Hits: 42
Indrajit Kundu and others Vs. Bejoy Krishna Kunda, 1999, 28 CLC (AD)
....on-impleading necessary parties in the pre-emption proceeding. Consequently, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 558. ......rder dated 17.2.92 passed by the High Court Division in Civil Revision No. 81 of 1987). Judgment Latifur Rahman J.- This appeal by the pre-emptor-appellant is against the judgment and order dated 17.2.92 passed by a learned Single Judge of the High Court Division making the Rule ab......esent: ATM Afzal CJ Latifur Rahman J AM Mahamudur Rahman J Indrajit Kundu and others.................................Appellants Vs. Bejoy Krishna Kunda being dead his heirs Biswajit Kunda and others ........Respondents. Judgment March 4, 1...... Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the petitioners. Mahmudul Islam, Senior Advocate, instructed by Shamsul Haque Siddque, Advocate-on-Rec..Category: Property Law | Date: | Hits: 34
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....he argument of Mr. Rafique-ul-Huq, learned Counsel for the appellants, centers around the Abandoned Properties (Supplementary Provisions) Regulation, 1977 (Martial Law Regulation No. VII of 1977), published in the Bangladesh Gazette on 7.10.1977, it will be useful to quote the relevant para......ision, Dhaka in Writ Petition No. 802 of 1994). Judgment Mustafa Kamal CJ.- This appeal by leave by the writ-petitioners of Writ Petition No. 802 of 1994 is from the judgment and order dated 7 June, 1994, passed by a Division Bench of the High Court Division summarily rejecting...... (2005) 553. ......the Judgment and Order dated June 7, 1994 passed by the High Court Division, Dhaka in Writ Petition No. 802 of 1994). Judgment Mustafa Kamal CJ.- This appeal by leave by the writ-petitioners of Writ Petition No. 802 of 1994 is from the judgment and order dated 7 June, 1994, pass..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ...... A. M. Nurul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record - For respondents (In C. A. No. 80 of 1998). Civil Appeal No. 79-80 of 1998. (From judgment and order dated 18.5.1998 passed by a Single Bench of the High Court Division in Civil Revision Nos. 37...... is also Reported in: II ADC (2005) 548. ...... of Civil Procedure. They also filed applications for condonation of delay in filing petitions. The matter was heard by the learned Additional District Judge, First Court, Nowgaon who condoned the delay and allowed the Miscellaneous Case restoring the appeals to their original files and..Category: Trust/Waqf Law | Date: | Hits: 226
Amanatullah & others Vs. Ali Mohammad Bhuiyan & another, 1997, 26 CLC (AD)
....he judgments and decrees of the first two courts below are restored. There shall be no order as to costs. Ed. This Case is also Reported in:II ADC (2005) 517; 1997 BLD (AD) 199; 2 BLC (AD) 134. ......der dated 10 Match 1994 passed by the High Court Division, Dhaka in Civil Revision No. 814 of 1993). Judgment Bimalendu Bikash Roy Choudhury J.- This is an appeal by leave from the judgment and order dated 25 July 1994 of the High Court Division in Civil Revision No. 814 of 1988 which reversed......manatullah & others.....................appellant Vs. Ali Mohammad Bhuiyan & another..................Respondents Judgment May 20, 1997. Result: The appeal is allowed. A finding of fact, whether concurrent or not, arrived at by the lower appellate court is binding on the......). 2. It is agreed by both the plaintiffs and the defendant that Banizan Bibi was the original owner of the land described in schedule 'A' to the plaint comprising of 11 acre. She sold the same to one Sheikh Bishatullah and his brother Sheikh Bagu in 1903. Thereafter the cases of the plaintiffs a..Category: Procedural Law | Date: | Hits: 36
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