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Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)

....is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......p; 16 Not represented- Nos. 2-14 & 17-21 Civil Petition for Leave to Appeal Nos. 1818 of 2002 (From the judgment and order dated 18th August 2002 passed by the High Court Division in Civil Revision......d Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ......Division (Civil) Present: Syed J.R. Mudassir Hossain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Faruque Reza and another..............Petitioners. Vs. Most.Hossena Ara Begum and others.................Respondents. Judg..

Category: Property Law | Date: | Hits: 34

Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)

.... kabala was never acted upon and no consideration passed and the suit land was correctly recorded in the R.S. record in the name of the defendants and also the same land was recorded in the finally published S.A. Khatian in the name of the defendants. On perusal of the case of the parties it is ......Involved: Md. Nawab Ali, Advocate-on- Record -For the Petitioners Not represented- Respondents Civil Petition for Leave to Appeal No. 541 of 2002. (From the judgment and order dated 25.6.2001 passed by the High Court Division in Civil Revision No. 1602 of 1994.) ...... judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Md. Hamidul Haque J Guru Charan Mondal and others..........................Petitioners Vs. Sree Bhaba Sindhu Sarkar and others..................Respondents Judg..

Category: Procedural Law | Date: | Hits: 113

State Vs. Omar Ahmed, 2008, 37 CLC (AD)

.... are of the view that the High Court Division was not justified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......4. Judgment: M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 07.03.2004 passed by the High Court Division in Criminal Miscellaneous Case No. 1882 of......ustified in transferring the case from Druta Bichar Tribunal, Barisal to Khulna. The appeal is accordingly allowed. Ed. ......har Tribunal, Khulna on the allegation that the life of the accused respondent is at a stake at Barisal due to threatening made by opposite party. The High Court Division further observed that one of the co-accused Shajahan of this case was brutally murdered while he was on bail and the wif..

Category: Criminal Law | Date: | Hits: 41

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......nior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Respondents (In all the cases). Civil Petition for Leave to Appeal Nos. 95 - 97 of 2007. (From the judgment and order dated 19.07.2006 passed by the High Court Division in Civil Revision Nos. 4243 and 4244 of 200...... The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Ramesh Chandra Barman.....................Petitioner (In Civil Petition Nos. 95-96 of 2007) Sree Sree Kala Chand Jieu Thakur & Anr. ..........

Category: Civil Law | Date: | Hits: 111

Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)

.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......thers………..Respondent Judgment September 3, 2007. The Bangladesh Biman Corporation Employees (Service) Regulations, 1979, Regulation 11A(2) The order of retirement in respect of the appellant passed by the Bangladesh Biman Corporation under Re...... Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......ion 11A(2) of the Bangladesh Biman Corporation Employees (Service) Regulations, 1979 (the Regulations). 3. Facts stating which the writ petition was filed, in short, that the appellant was one of the senior most pilots of the Bangladesh Biman (the Biman) and while problem developed ..

Category: Employment/Service Law | Date: | Hits: 79

Alauddin Bhuiyan (Md) Vs. State, 2008, 37 CLC (AD)

....nd the allegations leveled against him. 7. In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ......e, instructed by Md Sajjadul Huq, Advocate-on- Record—For the Respondent. Not represented—Respondent (State). Criminal Petition for Leave to Appeal No. 13 of 2005. (From the judgment and order dated 25th July 2004 passed by the High Court Division in Criminal Appeal No. 1296 of 1994). ......In view of above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this petition is dismissed. Ed. ...... Ed. ..

Category: Anti-Corruption Laws | Date: | Hits: 90

Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)

....try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......d May 29th, 2000 passed by the High Court Division in Criminal Miscellaneous Case No 3493 of 1995). Judgment Md. Ruhul Amin CJ. - This appeal, by leave, has been filed against the judgment and order dated May 29, 2000 of a Division Bench of the High Court Division in Criminal Miscellaneous ......ade hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ......rought into existence fraudulently an order as regard correction of the record of rights in their favour and later on the appellants herein produced the forged copy of the petition of the aforementioned miscellaneous case, being Miscellaneous Case No 337 of 1973 and the order said to have been p..

Category: Criminal Law | Date: | Hits: 48

Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)

....trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......ision. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ......) 217 and Kashmira Singh vs State of Madhya Pradesh 1952 SCR (India) 526. Lawyers Involved: ABM Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Mohammad Ali Akanda, Deputy Attorney-General, instructed by B Hossain, Advocate-on- Record�..

Category: Criminal Law | Date: | Hits: 63

Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)

....rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......ment: Md. Ruhul Amin J.-This petition for leave to appeal is directed against the judgment and order dated March 18, 2007 of a Division Bench of the High Court Division in Civil Revision No. 35......dgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ...... ..

Category: Property Law | Date: | Hits: 31

Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)

.... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Appellant. Abdus Salam, Advocate instructed by Nawab Ali, Advocate-on-Record— For the Respondent Nos. 1-3. Ex parte—Respondent No. 4 Civil Appeal No 99 of 1985 (From the judgment and order dated 16.5.85 passed by the High Court Division, Dhaka in Civil Revision No. 616 of 1984). ......ation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ..

Category: Procedural Law | Date: | Hits: 119

Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)

....lt, therefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......in, (Advocate with him), instructed by Md. Aftab Hossain, Advocate-on-Record— For the Respondent No.1. Ex parte — Respondent Nos. 2-8. Civil Appeal No. 34 of 1988. (From the judgment and order dated 25.8.1988 passed by the High Court Division, Dhaka in Civil Revision No. 402 of 1988). ......de without any order as to cost. Ed. This Case is also reported in: 42 DLR (AD) (1990) 120.......gainst the judgment and order passed by a single Judge of the High Court Division in Civil Revision No.402 of 1988. 2. The moot question in this appeal is whether the respondent being engaged in one on-going project of the Upazila Parishad as a contractor was disqualified to be a candidate ..

Category: Election Law | Date: | Hits: 134

Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 1989, 18 CLC (AD)

....of the company i.e. for the efficient management of the canteen by another person or by itself. The appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......-on-Record— For the Appellant. Golam Rabbani, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record— For the Respondent. Civil Appeal No. 19 of 1988. (From the judgment and order dated 10.12.1986 passed by the High Court Division, Dhaka in Civil Revision No. 255 of 1986). ......ppeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 119. ......he plaintiff Company required the premises for running restaurant befitting its prestige and position. 3. The defendant-respondent's case is that he was not a defaulter, that he invested a lot of money for furnishing and equipping his canteen with necessary fixtures; that he supplied good food ..

Category: Property Law | Date: | Hits: 64

Nur Mohammad Vs. Badruddoza Chowdhury and anr., 1990, 19 CLC (AD)

....erefore, this appeal is allowed and the judgment and order of the High Court Division is set aside without any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......fzalur Rahman, Advocate, instructed by Md. Ataul Hoque, Advocate-on-Record— For the Respondent No. 1. Not represented—Respondent No.2. Civil Appeal No. 42 of 1989. (From the judgment and order dated 10.1.1989 passed by the High Court Division, Jessore Bench, Jessore in Writ Petition No.......hout any order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 116 ......ment of the loan. The High Court Division held that respondent No. 1 was not disqualified for election of Chairman under section 7(2)(g) of Ordinance No. 41 of 1983. The learned Counsel for the petitioner has contended that the view taken by the High Court Division is erroneous and that the High Cou..

Category: Election Law | Date: | Hits: 124

Comilla Electric Supply Ltd. Vs. Commissioner of Income Tax, Chittagong Zone, 1982, 11 CLC (AD)

....Income Tax Authority was perfectly correct in making the assessment. In the result, therefore, this appeal is dismissed with costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 112. ......hich was also dismissed. An application under section 66 (1) of the Income Tax Act was preferred before the High Court Division for its decision on the question raised. The High Court Division by its order dated 1-9-80 rejected the application holding that there was a sale of the assets of the ass...... This case is also reported in: 42 DLR (AD) (1990) 112. ...... Shahabuddin Ahmed J Chowdhury ATM Masud J Comilla Electric Supply Ltd.………………………………………………………………………….....Appellant Vs. The Commissioner of Income Tax, Chittagong Zone, Chittagong ..............Respondent Judgment November 11..

Category: Fiscal/Taxation Law | Date: | Hits: 80

Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)

....result, therefore, these appeals are allowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......For the Respondent in both the appeals. Civil Appeal Nos. 13 & 14 of 1985. Judgment Badrul Haider Chowdhury J.- These two appeals by special leave are directed against the judgment and order of the High Court Division, in Civil Revision Nos. 302 and 303 of 1983. 2. Leave has been g...... aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......granted to decide the questions as to whether the learned Judges of the High Court Division, Comilla Bench, were right in holding that the amendment of the petition sought by the pre-emptor-petitioner making a new claim for pre-emption on the basis of contiguous ownership of the disputed lands..

Category: Procedural Law | Date: | Hits: 84

Sonali Bank Vs. Mahbubul Amin and another, 1989, 18 CLC (AD)

....sion upon correct view of the law and fact discharged the rule. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 107. ......hmed Advocate, with him interested by Sharifuddin Chaklader, Advocate-on-Record—For the Respondent. Not represented—Respondent No. 2 Civil Appeal No. 50 of 1989. (From the judgment and ordered dated 20.2.89 passed by the High Court Division, Dhaka in Civil Revision No. 742 of 1987). ......Case is also Reported in: 42 DLR (AD) (1990) 107. ......ference to the judgement of the trial court it is found that the plaintiff’s prayer for interest from the date of the suit was allowed. There is nothing to show that the decree holder withdrew the money deposited in court as full satisfaction under the decree. This indicates that the decree holder..

Category: Civil Law | Date: | Hits: 113

Abdul Mannan Talukder Vs. BD House Building Finance Corporation and another, 1989, 18 CLC (AD)

....ll be transferred from one place to another without his consent." Mr. Rafiqul Huq, learned Counsel for the Corporation, had placed before us the Industrial Relations (Amendment) Ordinance 1989 published in the Bangladesh Gazette on November 15,1989. By that amendment the earlier provision of ......ce No. 51 of 1984. Remedy under sections 34, 62 or 64 of the Industrial Relations Ordinance is not available to a trade union leader working in the House Building Finance Corporation. The impugned order of transfer is an action taken in relation with the appellant's service in the Corporation, an...... appeal is dismissed. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 104. ......ation contended before the Labour Court that under section 4 of the Administrative Tribunal Act, 1980 the Administrative Tribunal set up under that Act had exclusive jurisdiction to try the petitioner's grievance and his petition under section 34 of the I.R.O. was not maintainable. It was furt..

Category: Labour and Industrial Law | Date: | Hits: 111

Moslemuddin Talukder Vs. State, 1990, 19 CLC (AD)

.... this conviction cannot be sustained. In the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......……….………...Respondent Judgment October 25, 1989. Result: The appeal is allowed. The Prevention of Corruption Act, 1947 (II of 1947), Section 5(2) Without producing the order of sanction of the government permitting to prosecute a government official and putting the or...... the result, the appeal is allowed. The order of the High Court Division is set aside. Ed. This case is also reported in: 42 DLR (AD) (1990) 103 ......ection 5(2) of Act II of 1947 read with section 409 of the Penal Code and sentenced to suffer rigorous imprisonment for 3 (three) months and to pay fine of Tk. 3,000/- in default to suffer R.I. for one month. Allegation was that the appellant dishonestly misappropriated 10 bags of powder milk whic..

Category: Anti-Corruption Laws | Date: | Hits: 125

Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)

....e respondent. 5. It may be mentioned that as there was no other candidate except the appellant for the office of Chairman of the said Union Parishad, he was declared elected unopposed and it was published in the Official Gazette on 7.6.88. The appellant duly took oath of office and assumed char......oes not appear that the respondent was very much keen or vigilant for participating in the election otherwise he would have made efforts as other persons from other Unions did and obtained favourable orders from the election commission following enquiries caused to be held. Respondent could not righ......e will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ......be held on 10.2.88. The date for filing nomination papers for the said election was on 10.1.88. Respondent No. 1 who wanted to be a candidate in the said election for chairman deposited security money of Tk.1000/-on that date and obtained nomination paper which was duly filed in. Respondent No.1..

Category: Election Law | Date: | Hits: 112

Government of Bangladesh Vs. Basharatullah, 1989, 18 CLC (AD)

.... "notices under secs. 5(1) and 5(3) were not served upon the plaintiff (emphasis supplied). According to law, the notice under sec. 5(1) was not required to be served upon the plaintiff; it was to be published in the locality. And case of the appellant is that such notice dated 14.12.60 was publishe...... For the Respondent Nos. 1(a) to 1(g) and 2. Mohammad Ali, Advocate instructed by Abu Backkar, Advocate-on-Record—For Respondent No.3. Civil Appeal No. 36 of 1989. (From the judgment and order dated 10th November, 1988 passed by the High Court Division, Dhaka in Civil Revision No. 324......rsonal notice, that is, 12.4.73. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 91. ......Court Appellate Division (Civil) Present: Badrul Haider Chowdhury J Shahabuddin Ahmed J MH Rahman J ATM Afzal J Government of Bangladesh, represented by the Deputy Commissioner, Dhaka & others..………… ………….Defendant-Appellants Vs. Basharatullah, be..

Category: Property Law | Date: | Hits: 38

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