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Bangladesh Vs. Md. Abu Dakar and others, 2006, 35 CLC (AD)
....Hossain, Advocate-on-Record—For the Petitioners. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 386 of 2003. (From the judgment and order dated 9th February, 2002 passed by the High Court Division in Writ Petition No. 673 of 2001). ......1-3 to act "in accordance with law" and no direction was given to them for allotment of a plot to the writ petitioner. 5. So, there is no cogent reason to interfere with the decision of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 72
State Vs. Abdur Rahim, 2006, 35 CLC (AD)
....hidullah, Advocate-on-Record- For the Appellant. Md. Nawab Ali, Advocate-on-Record— For the Respondent. Criminal Appeal No. 12 of 1999. (From the judgment and orders dated 9-12-1997 and 21-5-1998 passed by the High Court Division in Criminal Miscellaneous Case No.4......e of issuance of Rule in an application under section 498 of the Code of Criminal Procedure and hence the same requires interference. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 57
AHS Rahman Vs. State, 2006, 35 CLC (AD)
....Deputy Attorney-General, with him) instructed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 99 of 2005 (From the judgment and order, dated 4tn January 2005 passed by the High Court Division in Criminal Miscellaneous Case No. 8505 of ......aphuly Ltd Bangladesh, HRC, Bangladesh Ltd. and Telecom Foundation of Pakistan. That on inspection of Post and Telecommunication Ministry file No. PT/Shakha 5/4-6/98(Part-3), it has been found that a decision was taken by the Ministry that these bids should be processed by a consultant before being ..Category: Anti-Corruption Laws | Date: | Hits: 89
Bangladesh Agricultural Development Corporation (BADC) Vs. AKM Abdus Salam & ors, 2006, 35 CLC (AD)
.... Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-10. Civil Petition for Leave to Appeal No. 838 of 2004. (From the judgment and order dated 11th February 2004 passed by the High Court Division in Writ Petition No. 5360 of 2003). ......se. We are fully in agreement with the above finding of the High Court Division. In such view of the matter, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 66
Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)
....Hossain, Advocate-on-Record— For the Appellant. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No. 118 of 2002. (From the judgment and order dated 22-3-1999 passed by the High Court Division in Appeal No.6 of 1996). Judgment ......ative Tribunal. 11. Section 6(3) of the Administrative Tribunal Act, 1982 provides that the Administrative Appellate Tribunal may on appeal confirm, set aside, vary or modify any order or decision of Administrative Tribunal. 12. This Court in the case of Government of Bangladesh..Category: Administrative Law | Date: | Hits: 112
Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)
....cted by ASM Khaleque, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos, 2 & 3. Civil Appeal No. 25 of 1999. (From the judgment and order dated 10th June 1998 passed by the High Court Division in Writ Petition No. 1515 of 1988). ......y upon consideration of the finding in the criminal case in that the revisional authority decided the case on 12-3-1988 prior to the judgment of the Special Tribunal passed on 22-5-1988 and the decision of the Tribunal is no bar to take an action independently for an offence under the Custom..Category: Business or Commercial Law | Date: | Hits: 96
Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)
....n, Advocate-on-Record—For the Petitioner. Respondents—Not Represented.(In both the Petitions) Civil Petition for Leave to Appeal Nos. 126 and 127 of 2000. (From the judgment and order dated 12-7-1998 passed by the High Court Division in Writ Petition No. 428 of 1989 along with other ......gment, we find that learned Judges of the High Court Division having meticulously considered the case of the parities, the provisions of Co-operative Societies Ordinance, 1984 and also considered the decisions of the superior Court and thus came to the finding that the settlements granted in favour..Category: Property Law | Date: | Hits: 77
Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)
.... Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 1-3. Not represented—Respondent Nos. 4-8. Civil Petition for Leave to Appeal No. 57 of 2004 (From the Judgment and Order dated November 5, 2003 passed by the High Court Division in Civil Revision No. 1226 of 2003). Ju......n the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ..Category: Civil Law | Date: | Hits: 92
Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)
.... H Khan, Assistant Attorney-General with him) instructed by Sajjadul Huq, Advocate-on-Record—For the Respondent. Criminal Appeal No. 67 of 2003. (From the Judgment and Order dated January 25, 2003 passed by the High Court Division in Death Reference No, 51 of 2000 heard al......ction 302 of the Penal Code and/or other relevant provisions of law, if any, after complying with necessary formalities. Order of the Court The appeal is dismissed by the majority decision. Let a copy of the judgment be sent to the Court of Nari-o-Shishu Nirjatan Daman Adalat, N..Category: Criminal Law | Date: | Hits: 59
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
.... the suit on consideration of the alleged long adverse possession of the plaintiff. Being aware that the property was enlisted as enemy property, he purchased it from the vendor by a kabala dated 25.3.85. Consequently he acquired no title in the case property on the basis of his kabala de......perused the plaint of both the suits but we find that the plaintiff nowhere claimed that he acquired any title by adverse possession. It further appears that the High Court Division relied upon the decision of this Division as given in the case of Abdul Kader and others vs. AK Noor Mohammad repor..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....te, instructed by SR Khoshnabish, Advocate-on-Record— For the Appellant Ex parte—the Respondents. Civil Appeal No. 142 of 2002. (From the judgment and order dated 25th May 2000 passed by the High Court Division in Writ Petition No.50 of 1996). Judgment&......ee, and no notice having been given to the petitioner before enlisting of the properties in the Gazette, the inclusion of the case property in the list was without lawful authority and, in support, a decision of this Division in the case of Bangladesh vs. Amena Khatun and others reported in 53 DLR (..Category: Property Law | Date: | Hits: 108
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
....hman, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 1699 of 2001. (From the judgment and order dated 22 May 2001 passed by the High Court Division in Civil Revision No. 4924 of 1998). Ju......C and, as such, could not be permanently injuncted from using the premises for which the same was constructed. The learned Counsel further submitted that the High Court Division has misapplied the decision in the case of Magistrate, Lahore vs Sayed Fayezuddin and others reported in 17 DLR (SC) ..Category: Property Law | Date: | Hits: 69
Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....May Chakma, Additional Attorney-General with him) instructed by B Hossain, Advocate-on-Record—For the Respondents. Civil Appeal Ho. 299 of 2002. (From the judgment and order dated 28-1-2001 passed by the Administrative Appellate Tribunal in Appeal No. 127 of 1999). ......hereafter, on 23-2-1995, she instituted Administrative Tribunal Case No. 34 of 1995 before the Administrative Tribunal, Dhaka which was rejected on 22-4-1995 as being not maintainable since no decision of the Secretary, Ministry of Women and Children Affairs was annexed. She preferred Admin..Category: Administrative Law | Date: | Hits: 128
Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)
....he appeals) Not represented - Respondents (In Civil Petition No. 118 of 1992). Civil Appeals Nos. 3 and 4 of 1992 and Civil Petition No. 118 of 1992. (From the judgment and order dated 19.12.1991 passed by the High Court Division, Dhaka, in Writ Petitions Nos. 2937 and 3002 of 1......amity, were in existence in almost every village. The village headman was widely respected and he sometimes sat with other men of experience and wisdom and solved problems faced by the villagers. The decisions of the Panchayet, Sabha, Mojlish, though there was no legal sanction behind them, were acc..Category: Constitutional Law | Date: | Hits: 655
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....cted by Md. Aftab Hossain, Advocate-on-Record-For the Respondent No. 1. Not Represented ‑Respondent Nos. 2-8. Civil Appeal No. 74 of 1990. (From the judgment and order dated 1st April, 1990 passed by the High Court Division, Dhaka in Admiralty Suit No. 30 of 1984). ......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
....der, Assistant Attorney-General with him) instructed by Md. Nowab Ali, Advocate-on-Record-For the Respondent. Criminal Appeal No. 15 of 1989. (From the judgment and order dated 30th April, 1989 passed by the High Court Division in Criminal Contempt Case No. 3 of 1988).......go beyond expressing his intention to take the matter to the appellate Court, which he has the right and responsibility under the law to protect the interest of his clients, for the purpose of the decision as to whether it is open to the court to reopen the question of title and possession which..Category: Criminal Law | Date: | Hits: 141
Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)
....Senior Advocate, instructed by Kazi Shahabuddin Ahmed, Advocate-on-Record - For the Respondents (In both the Appeals). Civil Appeal Nos. 8 and 10 of 1992. (From the judgment and order dated 6.11.91 passed by the High Court Division in Writ Petition Nos 868 and 1560 of 1991 respective......th parties will submit their report. A copy of the report will be sent to the Syndicate again seeking their opinion. This opinion is to be given by a resolution. The Chancellor will then take his own decision on consideration of the report of enquiry as well as the resolution of the Syndicate. Ultim..Category: Constitutional Law | Date: | Hits: 169
Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)
.... Khandker Mahbubuddin Ahmed, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on -Record- For the Respondent. Civil Appeal No. 49 of 1991. (From the Judgment and Order dated 13.1.91 passed by the High Court Division in FMA No. 261 of 1990) Judgment ......th meeting held on 11.9.86 and 11.1.87 respectively. Mr. Ahmed then draws our attention to the proceedings of the 87th meeting which have already been quoted in full and submits that there is a clear decision after detailed discussion that the contract was for a lumpsum amount of Tk. 34 lakh for cut..Category: Alternative Dispute Resolution | Date: | Hits: 202
Qazi Karnal Vs. Rajdhani Unnayan Kartripakha and another, 1992, 21 CLC (AD)
....espondent Nos. 1-4 in CA No. 56/90. Ex parte ‑ Respondent No. 4 in CA No. 7/92. Civil Appeal No. 56 of 1990 with Civil Appeal No. 7 of 1992. (From the judgment and Order dated 18.6.90 passed by the High Court Division in Writ Petition No. 10 of 1989). Judgment: ......fter the purchase of the said plot. He was a bonafide purchaser for value without notice of any illegality committed by his vendor. At a meeting of the Board of Trustees of RAJUK held on 29.9.88 a decision was taken not to mutate the said plot in the name of the appellant on the ground that muta..Category: Property Law | Date: | Hits: 110
State Vs. Montu alias Nazrul Haque & others, 1992, 21 CLC (AD)
.... Khan, Advocate-on-Record-For Respondent No. 5 (in Criminal Petition No. 30 of 1988). Criminal Appeal No. 2 of 1989 with Criminal Petition No. 30 of 1988. (From the judgment and order dated 25.1.1988 passed by the High Court Division, Rangpur Session, in Criminal Appeal No. 46 of 1......ion of the Medical Officer who held autopsy on the dead body of Tara. Leave was granted by us to consider whether the High Court Division was well‑founded in law and fact in arriving at this decision. 3. The Prosecution case centres round the death of Tara, a young man of 25 years a..Category: Criminal Law | Date: | Hits: 93