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Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....p; Md. Fazlul Karim J.- Petitioner Government of Bangladesh, has filed this petition for leave to appeal against judgment and order dated 7-7-1996 of the High Court Division in Writ Petition No.701 of 1987 declaring the impugned ju......ty. 3. Admittedly the Court of Settlement was not properly constituted while passing the impugned judgment and, as such, under the provision of law and the principle of the decision in the case of Fatema Begum vs. Bangladesh, 42 DLR 342 the judgment suffers from coram no..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... Latifur Rahman J.-This appeal by the appellants by leave is against the judgment and order dated 11-2-1996 of the Administrative Appellate Tribunal, Dhaka passed in Appeal No. 105 of 1993 d...... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....nts raised are identical and leave was granted on the following terms: “Mr Mahmudul Islam, learned Attorney-General for the petitioners in both the petitions, submits that the order dated 30-7-2000 relates to the terms and, conditions of service and in view of the provision of ......tions of service may indeed be a violation of law, but if a specific remedy is provided in the Constitution for remedy then that specific remedy shall be availed of by the aggrieved person. The decision of the High Court Division that the respondent’s fundamental right under Articles, ..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....appellant who filed the suit for ejectment, arrear of rents and compensation stating, inter alia, that the defendant-respondent was a monthly tenant at a rental of Taka 300 per month as per agreement dated 15-8-1971. Although the tenancy commenced from 15th August 1971 by mutual agreement between th......also a valid one. 9. The High Court Division in revision could interfere with the concurrent findings of fact the Courts below only on the ground of error of law resulting in an error in the decision occasioning failure of justice. The findings of the Courts below based on consideration of ..Category: Tenancy Law | Date: | Hits: 76
Hyundai Corporation Vs. Sumikin Bussan Corporation & others, 2001, 30 CLC (AD)
....t the judgment and order of 4th June, 2001 by a division Bench of the High Court Division in Writ Petition No. 7 of 2001 making the Rule absolute declaring Memo No. CPA/PMU (EQPT)/P-120 (part-1/372) dated 1-1-2001 (Annexure – D to the writ petition) to have been made without lawful authority an......ate is seriously involved in the instant case, in our view the Chittagong Port Authority should place the papers relating to the bid of the petitioner along with other 3 responsive bidders before the decision making authority that would ultimately finalise the matter of procurement of the cranes (14..Category: Others | Date: | Hits: 130
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
....rs. Not represented—The Respondent. Civil Petition for Leave to Appeal No. 586 of 1997. (From the Judgment and Order dated 2nd March, 1997 passed by the High Court Division in Civil Revision No. 1751 of 1995). ......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ..Category: Property Law | Date: | Hits: 63
Ilias Hussain (Md) Vs. State, 2002, 31 CLC (AD)
....tioner Not represented—The Respondent. Criminal Petition for Leave to Appeal No.101 of 1998. (From the judgment and order dated 21st Jan 1998 passed by the High Court Division in Criminal Appeal No. 850 of 1992) ...... to show under what circumstances she died and in such circumstances natural presumption is that he has committed the murder. The law on the point has been well settled by this Division in various decisions. The trial Court as well as the High Court Division it appears considered every aspect of..Category: Criminal Law | Date: | Hits: 52
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....or the Appellants. Mahbubey Alam, Senior Advocate, instructed by Chowdhury Md Zahangir Advocate-on- Record—For the Respondents. Civil Appeal No. 94 of 2000. (From the judgment and order dated 19th May 1999 passed by the High Court Division in Memorandum of Appeal from Original Decree N......s necessary. 16. Furthermore, the suit has been remanded setting aside the impugned judgment of the trial Court decreeing the suit and sending the same back on remand to the trial Court for fresh decision after making necessary amendment in the plaint allowing opportunity to the contending parti..Category: Procedural Law | Date: | Hits: 114
Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd. and ors., 2002, 31 CLC (AD)
....vocate- on-Record—For Respondent Nos. 1 and 2. Not represented—Respondent Nos. 3-7. Civil Petition for Leave to Appeal No. 713 of 2001. (From the judgment and order dated 20th February 2001 passed by the High Court Division in First Miscellaneous Appeal No. 24 of ......e prior to the issuance of the order of attachment before judgment vitiating the order attaching the proceeds of the letter of credit. The learned Counsel has further submitted that the consistent decision of this Court is that the has no jurisdiction to pass an order of attachment before judgme..Category: Civil Law | Date: | Hits: 115
Abul Hossain Vs. Jahiruddin and others, 2002, 31 CLC (AD)
....ent Nos. 2 and 3. Not represented—Respondent Nos. 1, 4-7. Civil Review Petition No. 50 of 1999. (From the judgment and order dated 1st August, l999 passed by the Appellate Division in Civil Petition of No. 1999). ...... May 31, 2001. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 A review is by no means an appeal in disguise whereby an erroneous decision even if there be any is reheard and corrected but lies only for patent error….(4)&nb..Category: Property Law | Date: | Hits: 43
Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)
....-General instructed by Sufia Khatun, Advocate-on-Record—For Respondents. Civil Petition for Leave to Appeal No. 586 of 2000. (From judgment and order dated 22-2-2000 passed by a Division Bench of the High Court Division in Writ Petition No. 4566 of ......ahidullah Bakaul, Subordinate Judge, Tangail, Mr Reza Au, Senior Assistant Judge, Tangail and Mr Md Zakaria, Deputy Secretary, Election Commission to act as member-secretary of the committee. This decision was announced on 17-11-1999. The proposal was sent to the Ministry of Law, Justice and Par..Category: Election Law | Date: | Hits: 158
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....haukat Ali Khan, Senior Advocate instructed Sharifuddin Chakiader, Advocate-on-Record— For the Respondents. Criminal Petition for Leave to Appeal No. 127 of 2001. (From the judgment and order dated 27th 2001 passed by the High Court Division in Death Reference No. 23 of 1997 with Criminal Ap......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
.... Not Represented — Respondent Nos. 2-10 (In Civil Appeal No.193 of 2000). Civil Appeal Nos. 192 and 193 of 2000. (From the judgment and order dated 14-3-2000 passed by the High Court Division in Writ Petition No, 4938 of 1999). Judgment......oner. It is submitted that the writ petition is nothing but a gambling in litigation only preferred on behalf of certain vested quarters who used the petitioner in their attempt to get a favorable decision keeping themselves behind the curtain and as such, the writ petitioner cannot file the wri..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
....itioner Not represented—The Respondents. Civil Petition for Leave to Appeal No. 715 of 1996. (From judgment and order dated 7 July 1996 passed by the High Court Division in Civil Revision No. 598 of 1990.) &nbs...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..Category: Procedural Law | Date: | Hits: 97
Osman Gani Vs. State, 2002, 31 CLC (AD)
....n illicit sexual act with their former domestic servant, Emdadul Haque by assaulting and throttling her and then buried her on 18 March 1987. This information was recorded in General Diary No, 475 dated 19 March 1987. The Sub-Inspector took up investigation of the case and in course of investiga...... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ..Category: Criminal Law | Date: | Hits: 55
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
....ed— Respondent Nos. 1 & 3. (In all the cases) Civil Petition for Leave to Appeal Nos. 1155, 1156 & 1157 of 1999. (From the judgment and order dated 15-7-1999 by the High Court Division in Writ Petition Nos. 6 to 1995). J......, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ..Category: Labour and Industrial Law | Date: | Hits: 115
State Vs. Abdul Barek and Others, 2001, 30 CLC (AD)
....……………….(7) Lawyers Involved: B Hossain, Advocate-on-Record—For the Appellant. Ex-Parte—The Respondents. Criminal Appeal No.7 of 1993. (From the judgment and order dated 13-8-1991 passed by the High Court Division in Death Reference No.17 of 1990 and Criminal Appe...... respective bail bond and the warrant of arrest issued against respondent Nos. 4 and 5 are recalled and cancelled. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 28; 7 MLR (AD) 17. ..Category: Criminal Law | Date: | Hits: 55
Commissioner of Taxes, Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, 2002, 31 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record — For the Respondent (In all the cases). Civil Appeal Nos.15, 16 and 17 of 1992. (From the judgment and order dated 2 June 1991 passed by the High Court Division in Reference Application Nos. 1, 2 and 3 of 19...... The appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 23. ..Category: Fiscal/Taxation Law | Date: | Hits: 66
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....sh;For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 378 of 1999. (From the judgment and order dated 9th June, 1997 passed by the High Court Division in Civil Revision No. 3179 of 1993). ...... May 27, 2001. The Code of Civil Procedure, 1908 (V of 1908), Order XLVII rule 1 Review is by no means an appeal in disguise whereby an erroneous decision is reheard or corrected but lies only on patent error. Mere wrong application of law is no..Category: Employment/Service Law | Date: | Hits: 83
Government of Bangladesh and other Vs. Nidhi Ram Moni and others, 2002, 31 CLC (AD)
....ord—For the Petitioners. Nor represented—The Respondents Civil Petition for Leave to Appeal No. 612 of 1996 (From the judgment and order dated 8th July, 1996 passed by the High Court Division in Writ Petition No. 362 of 1987). Judg......the land in question which should be left to be decided by the civil Court after consideration of evidence if it is so desired by the writ petitioners, for in the absence of any evidence and lawful decision as to whether Raghuram Moni had been in India from long before 1965 and whether the recor..Category: Property Law | Date: | Hits: 43