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Abdul Mannan Bhuiyan and another Vs. State, 2007, 36 CLC (AD)
....gment and order of the High Court Division is set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......puty Attorney General with him) instructed by Sufia Khatun, Advocate-on-Record-For the Respondents (In both cases). Criminal Appeal Nos. 24 & 25 of 1999. (From the judgment and order dated 13.05.1999 passed by the High Court Division in Criminal Miscellaneous Case No. 668 of ...... There shall be no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 49; V ADC (2008) 150. ......ce." 21. From a reading of the Section as quoted above it is obvious that the inherent power can be exercised only for either of the three purposes specifically mentioned in the Section. It is only where the High Court Division if satisfied either (1) that an orde..Category: Criminal Law | Date: | Hits: 79
State Vs. Md. Kamaluddin @ Pichi Kamal and ors., 2005, 34 CLC (AD)
....or calling for our interference. In the aforesaid premises we do not find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ......in Mahmud, Senior Advocate (Rafiqul Islam Mia, Advocate with him) instructed by Sufia Khatun, Advocate-on-Record-For the Respondent Criminal Appeal No.21 of 2003 (From the judgment and order dated 18.11.2002 passed by the High Court Division in Criminal Miscellaneous Case No.8896 of......find any substance in this appeal. The appeal is, therefore, dismissed without any order as to costs. Ed. ...... Appellate Division (Criminal) Present: Syed J.R. Mudassir Husain CJ M.A. Aziz J Amirul Kabir Chowdhury J The State, Represented by the Deputy Commissioner, Comilla......Appellant Vs Md. Kamaluddin @ Pichi Kamal and ors. .............Re..Category: Criminal Law | Date: | Hits: 71
Md. Abu Alam Vs. Zarina Begum and others, 2006, 35 CLC (AD)
....pellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......gh Court Division and the lower appellate Court. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ...... the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ......26, 1960 re-conveyed in the year 1961.The trial court noticed the fact that in the deed (Ext.1 dated July 26,1960) whereby Abdul Hamid sold the land in suit to Abdur Razzaque plot No.8276 was mentioned but in the agreement for re-conveyance executed by Abdur Razzaque in favour of Abdul Hami..Category: Property Law | Date: | Hits: 42
Md. Muinuddin Zulfiquer Vs. Bangladesh, 2006, 35 CLC (AD)
.... October 20, 2002 of a Division Bench of the High Court Division in Writ Petition No. 2597 of 2001 discharging the Rule. 2. The writ petitioner challenged the amendment of the schedule (published in the Gazette on January 23,1986) of the Department of Shipping (Engineer and Ship Surv......e fact of the judgment for review. In the background of the discussions made hereinabove we find no merit in the review petition. Accordingly the petition is dismissed. Ed. ......merit in the review petition. Accordingly the petition is dismissed. Ed. ......ivision (Civil) Present: Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Muinuddin Zulfiquer ............................................Petitioner Vs Government of the People's Republic of Bangladesh represented by the Sec..Category: Employment/Service Law | Date: | Hits: 79
Mahfuzul Hoque and ors Vs. Collector of Customs, Customs House, Chittagong & ors, 2005, 34 CLC (AD)
....fixed under this sub-section shall be chargeable with customs duties on the basis of its declared value. 10. The aforesaid provision authorises that the Government may by notification published in the official gazette fix tariff value for any import or export for the purpose of levy......, 877-880, 1416-1420, 1390, 109, 1099, 1352-1357 of 2002, and 135-138, 289, 765, 868, 288, 620 of 2003 and 214-218 of 2004). Civil Appeal Nos.76 & 77 of 1994 (From the judgment and order dated 15th August 1994 passed by the High Court Division in Writ Petition No. 1104 and 1152 ...... The appeals are dismissed without any order as to costs. Ed. ......toms, Customs House, Chittagong & others................. Respondents (In all the cases). Judgment August 8, 2005. Cases Referred To- Mustafa Kamal Vs. The Commissioner of Customs, 52 DLR (AD) 1; Phassco Hardware Company Vs. The Government of Pakistan, PLD 1989 ..Category: Fiscal/Taxation Law | Date: | Hits: 107
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
....f 1964 before the Divisional Commissioner and by order dated 10.9.1964 the requisition proceedings was withdrawn and his right and title became established; thereafter S.A. Khatian was finally published correctly into his name; the fact of objection case No.31 is false; the plaintiff-respon......udgment: Mohammad Fazlul Karim J. - This appeal by leave is directed against the judgment and order dated 12 November 2002 passed by the High Court Division in Civil Revision No.2468 of 2001 di...............Appellants Vs. Amena Khatun .............................Respondent Judgment April 5, 2005. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Appellants. Sultan Ahmed, Advoc......d said Sudhir Chandra left this country for India; Dil Mohammad transferred the suit land to his wife plaintiff-Amena Khatun (respondent herein) through registered deed of sale in return of dower money on 15.12.1967 and accordingly mutated her name in mutation Case No.793/IX/75-76 dated 22...Category: Property Law | Date: | Hits: 34
Kazi Muhammad Khokon Vs. Bangladesh, 2006, 35 CLC (AD)
.... for review has been filed upon discovery of new fact. In that state of the matter we do not find any merit in this petition. Accordingly review petition is dismissed. Ed. ...... filed against the judgment of the High Court Division dated January 26, 2003 discharging the Rule obtained in Civil Revision No. 3497 of 1999. The civil revision was filed against the judgment and order of the Court of District Judge, Dinajpur in Miscellaneous Appeal was filed against the order ......any merit in this petition. Accordingly review petition is dismissed. Ed. ...... Md. Tafazzul Islam J Kazi Muhammad Khokon…………………………………………….Petitioner Vs Deputy Secretary (Registration) Ministry of Law, Justice and Parliamentary Af..Category: Civil Law | Date: | Hits: 106
Sree Girish Chandra Barman Vs. Md. Yasin Ali and other, 2006, 35 CLC (AD)
....cords the lower appellate court, dismissed the appeal holding as follows: "In the light of discussion made above I may conclude that the alleged R.S. Khatian No. 160 was finally published on 6.05.98 i.e. long after the transfer of the case land to O.R No.1 i.e. at the time of......ructed by Md. Ahsan Ullah Patwary, Advocate-on-Record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 1470 of 2004 (From the judgment and order dated 16th. May, 2004 passed by the High Court Division in Civil Revision No. 3948 of 2002) ......he decision of the High Court Division. 9. The petition is dismissed. Ed. ......sion (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Sree Girish Chandra Barman………………………Petitioner Vs. Md. Yasin Ali and other ………………&hell..Category: Property Law | Date: | Hits: 34
Humayun Kabir Khan Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....of the view that the High Court Division erred in law in not assessing the evidence properly and thereby discharging the Rule. The appeal is accordingly allowed without costs. Ed. ......Siddiqui, Advocate instructed by Aftab Hossain, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-18. Civil Appeal No. 61 of 2002. (From the judgment and order dated 25.05.1998 passed by the High Court Division in Civil Revision No. 1233 of 1996.) ......ischarging the Rule. The appeal is accordingly allowed without costs. Ed. ......labourers of pre-emptee went to the case land for cultivation. The pre-emptor, thereafter, took certified copy of the kabala and filed by the pre-emption case. 3. The present petitioner contested the case by filing written objection and his case is that the pre-emptor is not a c..Category: Property Law | Date: | Hits: 31
Mokbul Hossain (Md) Vs. Government of BanglaÂdesh and others, 2006, 35 CLC (AD)
.... Appellate Tribunal did not consider the matter in its proper perspective and accordingly, arrived at a wrong decision. The appeal is allowed without any order as to cost. Ed. ......ahir, Senior Advocate, instructed by Amir Hossain Chowdhury, Advocate-on-Record- For the Appellant. Ex parte-The Respondents. Civil Appeal No. 236 of 2002 (From the judgment and order dated 14-12-2000 passed by the Administrative Tribunal in Appeal No. 51 of 1998). Judg...... decision. The appeal is allowed without any order as to cost. Ed. ......aves, it usually legalises all past actions for purposes of immunity, with the tacit acknowledgment that its interference with the constitutional process is an aberration and needs to be condoned. But while leaving, the Martial Law does not leave a trail of disqualification. It is good as..Category: Administrative Law | Date: | Hits: 132
Commissioner of Customs and others Vs. Mohammad Ali, 2007, 36 CLC (AD)
....s illegal and without any legal basis. 7. Accordingly, we do not find any substance in the appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ...... by Sufia Khatun, Advocate-on-Record— For the Appellants. AKM Shahidul Huq, Advocate-on-Record—For the Respondent. Civil Appeal No.135 of 2004 (From the judgment and order dated 23rd March, 2002 passed by the High Court Division in Writ Petition No.1265 of 2000) ...... order as to costs. Ed. ...... Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Khan Md. Firoj Kabir Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)
....nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......slam, Senior Advocate (Probir Neogi, Advocate with him) instructed by Ahsanullah Patwary, Advocate-on-Record— For the Respondents Civil Appeal No. 582 of 2001 (From the judgment and order dated 17-8-2000 passed by the High Court Division in Civil Revision No. 2363 of 1998). ......p; Accordingly, the appeal is dismissed without any order as to cost. Ed. ......nbsp; Accordingly, the appeal is dismissed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 120
Arif A. Shekha and others Vs. Secretary, Ministry of IndusÂtries and another, 2007, 36 CLC (AD)
.... notice of demand of justice on 21-6-1987 the appellants challenged the impugned memo dated 27-5-1987 and the appellants obtained another Rule Nisi challenging notification No.186-61 dated 31-12-1971 published in the Bangladesh Gazette Extraordinary dated 3-1-1972 in respect of the company in questi......Tanjib-ul Alam, Advocate with him) instructed by Mvi. Md. Wahidullah, Advocate-on-Record—For the Appellant (In Civil Appeal No. 34 of 1997). Civil Appeal No. 40 of 2000 (From the judgment and order dated 20-7-1994 passed by the High Court Division in Writ Petition No. 298 of 1987). and ......th the impugned judgment and hence the three appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 91. ......llants Arif A Shekha and others of Civil Appeal No. 40 of 2000 instituted Writ Petition No. 298 of 1987 on the averments, inter alia, that two of them were Bangladeshi, seven of them were British and one of them was a Malaysian citizen and they were shareholders of Messrs Eastern Tubes Ltd. a limite..Category: Business or Commercial Law | Date: | Hits: 114
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
.... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......erchants, High School) against the judgment dated July 17, 2002 of a Single Bench of the High Court Division in Civil Revision No. 876 of 2002 discharging the Rule obtained against the judgment and order dated February 10, 2002 of the 2nd Court of Joint District Judge, Jhalokathi in Title Appeal......discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ......ducation Board for according permission to start a girl school but no such application was filed and, as such, the High School was not authorised to establish any school for admitting girls within one kilometer of the existing girl school i.e. the School, and thereby posing threat to the existen..Category: Civil Law | Date: | Hits: 216
Bangladesh Vs. Md. Abdur Razzak and others, 2007, 36 CLC (AD)
....17. In view of the discussion made above, we do not find any grounds to interfere with the impugned judgement and order. The appeal is dismissed without any order as to cost. Ed. ......cted by Nurul Islam Bhuiyan, Advocate-on-Record— For Respondent No.1. Not represented— Respondent Nos.2 & 3. Civil Appeal No. 161 of 2005. (From the judgment and order dated 12-8-2003 passed by the Administrative Appellant Tribunal in AAT Appeal No.147 of 2003......rder. The appeal is dismissed without any order as to cost. Ed. ...... facts, in short, are that the respondent No. 1 Md. Abdur Razzaque was appointed as MLSS on 22-2-1977 and obtained Selection Grade on 31-11-1987 and was serving as such and that the Deputy Commissioner, Dhaka started departmental proceeding against him under Rules 3(a) and 3(b) of the Government..Category: Administrative Law | Date: | Hits: 117
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....is set aside. The Money ExecuÂtion case be struck off and the attachment of the apÂpellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294....... and submitted that they were not liable for further interest after the decree. The learned Subordinate Judge rejected the prayer and the contention inspite of holding that: "It is fact, that the order in execution does not clearly sanction the interest in favour of the decree-holder but the pra......of the apÂpellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294.......rom the Judgment and Order dated 14th SepÂtember, 1984 passed by the High Court Division, Dhaka in Civil Revision No. 287 of 1984). Judgment: ATM Afzal J. - Appellants are judgment-debtors in Money Execution Case No. 12 of 1983 in the Court of Subordinate Judge, Narayanganj. The question for ..Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....ts and decrees of the High Court DiviÂsion are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......”For the Appellant Gholam Rabbani, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal Nos. 31 & 32 of 1985. (From the judgment and order dated 29.11.1984 passed by the High Court Division, Comilla Bench in Civil Revision Nos. 117 &......e lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ......kabalas and thereby entered into the litigaÂtion. The land in question measures .05 acre out of .37 acre in plot No. 460 of Khatian No. 127 of Mouza Misri, Laksham. The land originally beÂlonged to one Badsha Mia, who by an Ijara kabuliyat dated 23 June 1926 leased it to Ram Prosad Muchi, a cobble..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
.....12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......urullah, Senior Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For Respondent Nos. 1-4. Ex part — Respondent No. 5. Civil Appeal No. 73 of 1985. (From the Judgment and order dated 13.2.85 passed by the High Court Division, Dhaka in Civil OrÂder No. 98 of 1985). Ju...... is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ......ved upon the appellants. They were aware of the filing of the suit but they did not appear to contest the suit intentionally. 4. In support of their respective cases the apÂpellants examined only one witness, appellant no. 3 Mohammad Hossain as PW 1. The respondents exÂamined OPW No. 1, Nurul I..Category: Procedural Law | Date: | Hits: 116
Azizul Huq @ Azizul Haque and ors. Vs. State, 1990, 19 CLC (AD)
....he appellants may make a prayer for bail to the High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......€” For the Appellants B. Hossain, Deputy Attorney-General, instructed by AW Mallik, Advocate-on-Record — For the ReÂspondent (State). Criminal Appeal No. 3 of 1987. (From the judgment and order dated 26 October, 1986 passed by the High Court Division, Dhaka, in Criminal Appeal No. 215 of......e High Court Division which should then consider it. This appeal is thus disposed of. Ed. This case is also reported in: 42 DLR (AD) (1990) 284 ......months and it was clearly indicated that the appeal should be expeditiously disposed of. About 3 2/1 years have already elapsed since then but the appeal has not been disÂposed of, nor are the petitioners found to have taken any step for hearing the appeal in the face of our orÂder for dispensatio..Category: Criminal Law | Date: | Hits: 51
Managing Director, WASA Vs. Md. Ali and others, 2005, 34 CLC (AD)
....ent and order of the High Court Division cannot be sustained. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......lam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Appeal No. 57 of 2000 (From the judgment and order dated May 11 and 12 of 1999 passed by the High Court Division in Writ Petition No.2621 of 1998...... the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 59 DLR (AD) (2007) 185. ......C 1208; Ramana Dayaram Shetty Vs. International Airport Authority of India, AIR 1979 SC 1628; SMS Samity Ltd. Vs. Bangladesh and others, 39 DLR (AD) 85; Anjumane Ahmadiya, Sargodha Vs. Deputy Commissioner, SarÂgodha and Government of West Pakistan,18 DLR (SC) 517; Managing Director Dhaka WASA Vs. S..Category: Others | Date: | Hits: 100
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