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Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
....and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......ior Advocate, instructed by Zahirul Islam, Advocate-on-Record - For Respondent No. 1. Not represented - Respondent Nos. 2-4. Civil Appeal No. 231 of 2003 (From the judgment and order dated 13th April, 2003 passed by the High Court Division in Writ Petition No. 536 of 2003) ......so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ......n of Section 7 (2) (f) of the Local Government (Union Parishad) Ordinance, 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No. 1 (writ-petitioner) filed the above writ-petition, stating to the effect that as a voter in Ward No. 9 of No. 9 K..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ...... Advocate-on-Record- For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 372 of 2007. (From the judgment and order dated the 11th day of February, 2007 passed by the High Court Division in Criminal Appeal No.......on. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Zakir Hossain and another………….Petitioners Vs. The State............................Respondent Judgment Augu..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....rt Division rightly discharged the Rule. 6. In the case of Bangladesh Vs. Md. Jalil 49 DLR (AD) 26, it has indeed been held that section 5(2) of the Ordinance clearly provides that the list published under sub-section (1) shall be conclusive evidence of the fact that th......n, Advocate-on-Record-For the Appellants. ASM Khalequzzaman, Advocate-on-Record- For the Respondents. Civil Appeal No. 247 of 2001. (From the judgment and order dated 9.12.1996 passed by the High Court Division in Writ Petition No. 321 of 1989). J......r as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......566 of 1987 in the Court of Settlement Dhaka stating that their predecessor Md. Hanif migrated from India to the then East Pakistan along with his wife Aliman Khatoon and son Serajul Huq, the petitioner Nos.1 and 2 in the above case, and his other two sons Shamsul Huq and Aynul Huq, the petition..Category: Property Law | Date: | Hits: 30
Mohammad Mozaffar Ahmed Miah Vs. State and another, 2007, 36 CLC (AD)
.... In that view of the matter we find no substance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ......nbsp; Criminal Review Petition No. 6 of 2007. (From judgment and order dated March 20, 2007 passed by the Appellate Division in Criminal Petition for Leave to Appe......ance in the petition. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 167. ......nbsp; MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Mohammad Mozaffar Ahmed Miah ......................Petitioner Vs. The State and another....................................Respondents ..Category: Criminal Law | Date: | Hits: 38
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
.... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ......nbsp; Civil Petition for Leave to Appeal No. 277 of 2007. (From the judgment and order dated 29.11.2006 passed by the High Court Division in Writ Petition No.4309 of 2002.) ......is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ......ourt (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Tafazzul Islam] Md. Abdul Matin J A.F.M. Solaiman Chowdhury.........................Petitioner Vs. Md. Mohibbullah & others ..........................Respondents Ju..Category: Employment/Service Law | Date: | Hits: 74
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ...... of Tk. 30,000/- disclosing that he is in danger and the defendant's wife on receipt of the letter handed over Tk. 12,000/- in cash to letter bearer and also handed over a table fan, tape recorder for raising fund by sale of those items and the wife was also taken to the place, where the d......ed in: 61 DLR (AD) (2009) 124; 14 MLR (AD) (2009) 158; VI ADC (2009) 472. ......ul Hasan Vs. Badiuzzaman Khan and others, 16 BLD (AD) 253. Lawyers Involved: Abdul Razzak Khan, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner. Abdus Salam Khan, Senior Advocate instructed by Mvi. Md. Wahidullah, Advocate-o..Category: Property Law | Date: | Hits: 34
Project Director, Tejgaon, Dhaka and another Vs. Ratan Kumar Das and others, 2009, 38 CLC (AD)
....e Tribunal on proper consideration of the materials on record arrived at a correct decision. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ......nbsp; Not represented- For the Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2070 of 2008. (From the judgment and order dated 27tn August, 2008 passed by the Administrative Appellate Tribunal in Miscell......sion. The petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009)157. ...... Md. Abdul Matin J Md. Abdul Aziz J Project Director (at present In-Charge of Director), Tejgaon, Dhaka and another………………… Petitioners Vs. Ratan Kumar Das and others.........................Respondents Judgm..Category: Administrative Law | Date: | Hits: 92
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
.... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......Advocate (with Sk. Mohammad Morshed, Advocate), instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No.12 of 2001. (From the judgment and order dated 24.7.1995 passed by the High Court Division in Criminal Appeal No.573 of 1992.) ......of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ......ite the fact that it is retracted within the shortest possible time. Retraction of a confession at an earliest opportunity lends support to the defence plea that the confession was not a voluntary one. Confession is a species of admission. As already stated above a confession or admission is an ..Category: Criminal Law | Date: | Hits: 58
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......habubar Rahman, Advocate-on-Record-For the Petitioner. Md. Zahirul Islam, Advocate-on-Record- For the Respondents. Civil Petition For Leave To Appeal No. 462 of 2008. (From the judgment and order dated 12.2.2008 passed by the High Court Division in Writ Petition No.6768 of 2001.) Order ......se is also Reported in: 29 BLD (AD) (2009) 63. ......sion (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J BRAC, 75 Mohakhali C/A, Dhaka -1212………………………………….. Petitioner. Vs. National Board of Revenue represented by its Chairman, Segunbagicha, Dhaka and anot..Category: Fiscal/Taxation Law | Date: | Hits: 125
Secretary, Ministry of Agricultural and others Vs. Rabia Khatoon and others, 2009, 38 CLC (AD)
....rdingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......record-For the appellants. Muhammad Nawab Ali, Advocate-on-record-for the Respondent No. 2. Not represented- Respondent No.1, 3-9. Civil Appeal No. 25 of 2001 (From the judgment and order dated 10th December, 1996 passed by the High Court Division in Writ Petition No. 1506 of 1989)...... Ed. This Case is also Reported in: 61 DLR (AD) (2009) 121; 14 MLR (AD) (2009) 177; 29 BLD (AD) (2009) 51. ......rected against the judgment and order dated 10th December, 1996 passed by the High Court Division in Writ Petition No. 1506 of 1989 making the Rule absolute. 2. Short facts are that the writ-petitioner-respondents was the owner of the house known as "Hriday Nibash" within Mymensingh Municipality ..Category: Property Law | Date: | Hits: 43
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ......er. The lower appellate Court without considering these aspects of the case wrongly observed; 'However, the scope of decision is whether the respondents could establish fraud in the matter of ordering ex parte decree but the respondents have failed. The learned Sub-judge is absolutely wrong......fur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh……………….Appellant Vs. Abbas Ali Munshi being dead his heirs karimun Nessa & ors............Respondents Judgment November 12......sent appellant had willfully defaulted in making appearance in the suit because there was no gazette notification declaring the suit property as a reserved forest. Considering the oral evidence of one P.W. Two D.Ws and the documentary evidence the trial Court decreed the suit. On an appeal, pref..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
.... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ......d Order dated 29.01.2002 passed by the High Court Division in Civil Revision No. 2951 of 1998). Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 29.01.2002 passed by a Division Bench of the High Court Division in Civil Revision No.......lowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ...... as Partition suit No. 113 of 1991 on transfer. The Suit land originally belonged to Sheikh Nazimuddin and Abdus Salam, sons of late Raizuddin in equal shares. Sheikh Nazimuddin died leaving behind one son, Abdur Rahman and one daughter, Amirjan. Plaintiffs are the heirs and successors of Abdus ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....ier notification No. 38 For. dated 12.01.1934 (Ext-4) was substituted. In this notification also the suit plots were included. By another notification No. 3125 For. dated 13th April, 1955 (Ext-A-2) published in the official gazette, the Government decided to constitute a reserve forest with the la......e Judgment and Order dated 30.11.1998 passed by the High Court Division in Civil Revision No. 3961 of 1996) Judgment M M Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 30.11.1998 passed by a Single Bench of the High Court Division in Civil Revision No. 396......der as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147.......09) 147...Category: Property Law | Date: | Hits: 42
Mohsen Jute Mills Ltd. Vs. Chairman, Labour Court, Khulna and another, 1998, 27 CLC (AD)
....ithout however, any order as to costs. Both the judgments of the Labour Court as well as of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 473. ...... Petition No. 3684 of 1992) Judgment Mohammad Abdur Rouf J.- This appeal, following leave has been preferred by the respondent-appellant Mohsen Jute Mills Ltd. against the judgment and order dated 6.8.96 passed by a Division Bench of the High Court Division in Writ Petition No. 3684 ......td..........Appellant Vs. Chairman, Labour Court, Khulna and another……....Respondents Judgment April 19, 1998. Lawyers Involved: Aftab Hossain, Advocate-on-Record - For the Appellant. Faruque Ahmed, Advocate-on-Record - For respond......e had to avail of leave on medical ground for treatment and rest. Lastly on 10.12.89 he again fell ill and by sending a leave application with a medical certificate, he prayed to the authority, for one month's leave. On 9.1.90 he went to the mill to join his service with a fitness certificate fro..Category: Employment/Service Law | Date: | Hits: 100
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
....lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ...... 1995 passed by the Appellate Division in Civil Petition No. 425 of 1995). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal arises out of a petition for review of a part of the order passed by this Court in C.P.L.A. No. 425 of 1995 whereby the leave petition was dismissed on ...... Vs. Governor, Bangladesh Bank and ors........................Respondents Judgment July 27, 1998. Lawyers Involved: Habibul Islam Bhuiyan, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For the Appellants. Md. Aftab Hossa......titled to his arrear salary from the date of his dismissal till the date of resumption of duty as ordered by the High Court Division. Mr. Bhuiyan continues that the impugned part of the order has gone against the plaintiff because the said pleadings could not be produced at the hearing of the le..Category: Employment/Service Law | Date: | Hits: 83
M/s. Shahjhan Enterprise Ltd. Vs. Meghna Petroleum Ltd. and others, 2001, 30 CLC (AD)
....n allowing the appeal and dismissing the suit. There is therefore no merit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......eements, powers, grants and instruments to ESSO were references to the Government: Provided that in the case of any contract for any service, sale or supply in Bangladesh, the Government may by order in writing terminate the contract or made such alteration or modification of its terms as it ......rit in this appeal and the same is accordingly dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 455.......peal and dismissed the suit. Thereafter the plaintiff moved this Division and leave was granted on the following terms: - "Khondaker Mahbubuddin Ahmed learned Counsel for the plaintiff petitioners submits that in view of the oral evidence of P.W.2 Nawabjada Khawja Abdul Ghani, Mutwalli of ..Category: Tenancy Law | Date: | Hits: 149
Janata Bank Vs. Md. Mofazzal Hossain and others, 1997, 26 CLC (AD)
....accordance with regulation 28 of the Service Regulations. In the result, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 453. ......hury J.- The decision of this appeal turns on the point whether the proceeding against respondent No.1, Md. Mofazzal Hossain, a Senior Principal Officer of the Janata Bank was held legally and the order of his dismissal was made by the competent authority as contemplated in regulation 28 of...... Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Janata Bank…........Appellant Vs. Md. Mofazzal Hossain and others…………...Respondents Judgment July 1, 19......strative Appellate Tribunal, Dhaka, set aside the order of the tribunal and reinstated respondent No. 1 with back pay and other benefits taking the view that the 'competent authority' as mentioned in regulation 28(11) of the Service Regulations, namely, the General Manager (Administration),..Category: Employment/Service Law | Date: | Hits: 70
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ......he Respondent Nos. 3(1), 4(1) & 4 (11). Shahidul Alam Chowdhury, Advocate instructed by Shahidul Huq, Advocate-on-Record – For the Respondent No. 1. Struck out vide Court's order dated 12.12.96. - Respondent No. 2. Civil Appeal No. 25 of 1994 (From the Judgm......pellate Division (Civil) Present: Mustafa Kamal J Latifur Rahman J Bimalendu Bikash Roy Choudhury J A. M. Mahmudur Rahman J Md. Shamsul Huda being dead his heirs Hafaz Mohammad Ismail & others ..........Appellants. Vs. Bang......ndents Judgment May 2, 1999. Lawyers Involved: S. R. Pal Senior advocate (Md. Wahhab Mia, Advocate with him) instructed Md. Nawab Ali, Advocate-on-Record - For the Petitioners. Md. Fazlul Karim, Senior Advocate instructed by A. K. M. Shahidul Huq, Advocate-on- ..Category: Property Law | Date: | Hits: 23
Bangladesh Vs. Md. Shajahan, 1999, 28 CLC (AD)
....nclusion in "ka" list was unauthorised and it is not liable to be enlisted even in the "kha" list although a notice for evection was given after a Gazette Notification was published. For enlistment of a property in "ka" list the Government must satisfy the......tion Nos. 648 of 1987 and 4165 of 1992). Judgment A. M. Mahmudur Rahman J.- Civil Appeal No. 132 of 1997 and 133 of 1997 by leave at the instance of Bangladesh is from the judgment and order of a writ Bench passed in Writ Petition No. 4165 of 1992 and Writ Petition No. 648 of 1987. .........Respondent (In Appeal No. 132 of 1997) Showkat Jong Hasmi............Respondent (In Appeal No. 133 of 1997) Judgment June 10, 1999. Lawyers Involved: B. Hossain, Advocate-on-Record - For the Appellant (In both the Appeals). Not represented –the...... 133 of 1997 by leave at the instance of Bangladesh is from the judgment and order of a writ Bench passed in Writ Petition No. 4165 of 1992 and Writ Petition No. 648 of 1987. 2. Writ Petitioner Md. Shajahan filed Writ Petition No. 648 of 1987 and writ petitioner respondent Showkat Jong H..Category: Property Law | Date: | Hits: 23
Most. Hamida Vs. Md. Majibur Rahman , 2002, 31 CLC (AD)
....mpugned judgment and order of the High Court Division is set aside and the suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......17.04.1985 passed by the High Court Division in Civil Revision No. 842 of 1990) Judgment Abu Sayeed Ahammed J.- At the instance of the plaintiff this appeal is directed against the judgment and order dated 17.04.1995 passed by a Single Judge of the High Court Division in Civil Revision No. 842......suit for ejectment is decreed. No order is made as to costs. Ed. This Case is also Reported in: II ADC (2005) 408.......tenant respondent by filing a written statement. His case inter alia is that the plaintiff had no cause of action in the suit because the tenant defendant had paid a sum of Tk. 5,000/- as security money vide Ext. Ka at the inception of creation of the tenancy on condition that at every month Tk. 2..Category: Tenancy Law | Date: | Hits: 175
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