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Government of Bangladesh Vs. Md. Osimuddin, 2005, 34 CLC (AD)
....ental notice and that the same cannot be considered as official notification as per the provision of section 4 of the Forest Act, that the land in suit does not appear in the Gazette notification published in 1985. The High Court Division on consideration of the materials on record arrived at th......d further and that it is being contended by the present appellants since the defendant- Respondent gave an undertaking that he would not claim the land in future as such no step was taken against the order of dismissal of the Miscellaneous case. It has been stated by the appellants since the def......ingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 19 BLT (AD) (2011)119. ......ry Division, 327. Muktamala Dasi vs. Ram Chandra De and others A.I.R. 1927 Calcutta, 84 (31 C.W.N. 258).Sarat Kumar Roy vs. Dharmadas Bhattacharjee 42 C.W.N. 375. Kunjabehari Chakrabarty vs. Krishnadhone Majumdar AIR 1940 Calcutta, 489 (44 C.W.IV. 912). Durgagati Banerjee and others Vs. Taharulla Mi..Category: Property Law | Date: | Hits: 38
Azizullah @ Azizur Rahman Vs. Abu Taher Chowdhury and others, 2006, 35 CLC (AD)
....e Supreme Court of Bangladesh (Appellate Division) Rules 1988 and therefore is not maintainable. Consequently, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......Aftab Hossain, Advocate-on-Record- For respondent No.1. Not represented- For respondent No. 2. Civil Review Petition No.43 of 2002. (From the judgment and order dated 13th August, 2001 passed by this Division in Civil Petition for leave to Appeal No. 103......tly, the Review Petition merits no consideration and accordingly it is dismissed. Ed. ......nt: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed J. R. Mudassir Husain J Abu Sayeed Ahmed J Azizullah @ Azizur Rahman.......................Petitioned Vs. Abu Taher Chowdhury and others…….........Respondents ..Category: Procedural Law | Date: | Hits: 71
Badsha Miah (Md) Vs. Sonali Bank and others, 2006, 35 CLC (AD)
....cisions arrived at by the Administrative Appellate Tribunal and, as such, we find no substance in this appeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......al, instructed by M Khaled Ahmed, Advocate- on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-4 Civil Appeal No. 353 of 2002. (From the judgment and order dated 14-8-2002 passed by this Division in Civil Petition for leave to Appeal No. 1290 of 20......ppeal. In the result, the appeal is dismissed without any order as to costs. Ed. ......rder dated 13-12-1993 under section 9(2) of the Public Servants (Retirement) Act, 1974 along with 4 others of the same Bank and 9 others of some other nationalised Banks including Agrani Bank; that one Mr. Kobad Ali, Deputy General Manager of the Agrani Bank, who was also one of those so retired ..Category: Administrative Law | Date: | Hits: 103
M Sahabuddin Vs. State, 2006, 35 CLC (AD)
....nations offered in the application for condonation of delay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......uf, Deputy Attorney-General, instructed by Md Zahirul Islam, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 83 of 2005. (From the judgment and order dated 12th January, 2005 passed by the High Court Division in Cri -Miscellaneous Case No. 12......lay are far from satisfactory. For all the above reasons, we find no substance in this petition. Accordingly, it is dismissed. Ed. ......ir Husain CJ Md Fazlul Karim J Amirul K Chowdhury J M Sahabuddin...................Petitioner vs State………………………&..Category: Criminal Law | Date: | Hits: 34
Bangladesh Vs. AKM Enayetullah, 2006, 35 CLC (AD)
....vice had disappeared. The late President Ziaur Rahman having been apprised of this mischief ordered an investigation into the matter. Consequently, after due inquiry, investigation report was published on 10th August, 1978. Summary of this investigation report was placed before the then Hon......e, (Mr. Ajmalul Hossain, QC Senior Advocate with him) instructed by Mr. Mvi Wahidullah, Advocate-on-Record—For the Respondent. Civil Appeal No. 5 of 2004. (From the judgment and order dated 25th June, 2003 passed by the High Court Division in Writ Petition No. 4134 of 2002). ......peal is allowed with observation made hereinabove. No order is made as to cost. Ed. ...... June 2003 passed by the High Court Division in Writ Petition No. 4134 of 2002 making the Rule absolute. 2. The short facts for disposal of the appeal are that, the respondent as Writ petitioner, AKM Enayetullah, filed the above writ petition calling upon the appellant the writ-respondent..Category: Employment/Service Law | Date: | Hits: 69
Mustafizur Rahman Vs. Md. Amjad Hossain, 2006, 35 CLC (AD)
....the suit. 20. 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. ......and decree dated January 30, 1994 of the Court of Joint District Judge and Artha Rin Adalat, Jessore in Title Appeal No. 301 of 1990 affirming those of dated October 21, 1990 (in the leave granting order inadvertently written June 29, 1983) of the Court of Assistant Judge, Jikargacha, Jessore (in......the appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. ......not binding on the plaintiff. 2. The plaintiff (since deceased) was the maternal grandmother of the defendant and she executed and registered 2 (two) Heba-bil-ewaz deeds on the date as mentioned hereinbefore in favour of the defendant, herein the appellant, grandchild through &n..Category: Property Law | Date: | Hits: 30
Tahedul Islam (Md) and others Vs. Md. Mojibar Rahman and others, 2006, 35 CLC (AD)
.... in interfering with the judgment of the appellate Court and thereupon restoring the judgment of the trial Court. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......rd but the same was dismissed on February 14, 1977, that upon suppression of the said fact defendant Nos. 1-10 filed petition before the Revenue Officer, Gobindaganj and the Revenue Officer by the order dated July 28, 1986 cancelled the RS record which stood in the name of the plaintiff. The sai......t. Accordingly, the appeal is dismissed. There is no order as to cost. Ed. ......ated May 7, 1941 purchased 1 decimal of land from Rahim Boksha Bepari and his brother, that although CS record was prepared in the name of Rahim Boksha Bepari but as the land was acquired with the money of Rahim Boksha's brother, as such Rahim Boksha Bepari and his brother executed the deed in f..Category: Property Law | Date: | Hits: 36
Abdul Mazid Khan (Md) Advocate Vs. State and another, 2006, 35 CLC (AD)
....g the needful in accordance with law, who is directed to inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......enior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on- Record —For Respondent No. 2. Criminal Petition for Leave to Appeal No. 100 of 2006. (From the judgment and order dated 21-11-2005 passed by the High Court Division in Criminal Miscellaneous Case No. 6008 o...... inform this Court through the Registrar of the Supreme Court as to the action taken in the matter within 3 months from date. Ed. ......inal) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Mazid Khan (Md) Advocate........Petitioner vs State and another... .........Respondents Judgment &n..Category: Criminal Law | Date: | Hits: 43
Farida Akhter and others Vs. Bangladesh, 2005, 34 CLC (AD)
....al Nos. 707 and 789 of 2005 arose out of Writ Petition Nos. 3262 and 3975 of 2004 respectively challenging the constitutionality of sections 3 and 8 of the Constitution (Fourth Amendment Act), 2004 published in the Bangladesh Gazette dated 17th May, 2004 amending, inter alia, Article 65(3) of the ......al, instructed by Ahsamullah Patwary, Advocate-on- Record —For the Respondents (In all the petitions). Civil Petition for Leave to Appeal Nos. 707, 708 and 789 of 2005. (From the judgment and order dated 20th May 2005 passed by the High Court Division in Writ Petition Nos. 3262, 6942 and 397......tic. In the result, the petitions are dismissed. Ed. This Case is also Reported in: 11 MLR (AD) (2006) 237. ......sent: Syed JR Mudassir Husain CJ Md Ruhul Amin J Md Fazlul Karim J MM Ruhul Amin J Md Tafazzul Islam J Amirul K Chowdhury J Farida Akhter and others.........................Petitioners Vs. Bangladesh represented by the Secretary, Cabinet Division & others .........Re..Category: Constitutional Law | Date: | Hits: 221
Majid Sheikh alias Majid and others Vs. State, 2006, 35 CLC (AD)
....if not wanted in any other connection. The appeal so far as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ......Appellants. Golam Kibria, Deputy Attorney-General, instructed by B Hossain, Advocate-on-Record—For the Respondent. Criminal Appeal No. 25 of 2002. (From the judgment and order dated the 4th and 5th, 2001 passed by the High Court Division in Criminal Appeal No. 1819 of...... as of remaining three appellants: namely, (1) Majid Sheikh alias Majid, (2) Manik Sarder and (3) Zinnah Sarder is dismissed. Ed. ...... In the said judgment two other convicts, namely, Ayub Ali and Rabi Sheikh have however, been acquitted. 2. The appellants along with other two acquitted accused Ayub Ali and Rabi Sheikh and one Wahed Ali Sheikh were tried by the learned Sessions Judge, Rajbari in Sessions Case No. 7 of 19..Category: Criminal Law | Date: | Hits: 36
Abdul Kashem Vs. Amirun Nahar and others, 2006, 35 CLC (AD)
.... view of the discussion made above, the petition is found to be without merit. The petition is, therefore, dismissed. Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ......uzzaman, Advocate-on-Record—For Respondent No.1. Not represented—Respondent Nos. 2-66. Civil Petition for Leave to Appeal No. 52 of 2003. (From the judgment and order dated 27-8-2002 passed by the High Court Division in Civil Revision No. 4924 of 1991). ...... Ed. This Case is also Reported In: 2007 (XV) BLT (AD) 86. ...... Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Abdul Kashem............................Petitioner Vs. Amirun Nahar and others.................Respondents Judgment ..Category: Property Law | Date: | Hits: 38
State Vs. Muhibur Rahman Manik and another, 2006, 35 CLC (AD)
....e set aside. In view of the discussion made above, the appeal is allowed. The impugned order of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......Subrata Chowdhury, Advocate with him) instructed by Mrs. Sufia Khatun, Advocate-on-Record—For Respondent No.1. Not represented—Respondent No. 2. Criminal Appeal No. 15 of 2005. (From the order dated 18-4-2005 passed by the High Court Division in Criminal Appeal No. 3653 of 2004). Jud......der of the High Court Division is set aside. Ed. This Case is also Reported in:11 MLR (AD) 2006, 203. ......h Court Division granting bail to convict respondent No.1 Muhibur Rahman Manik in Criminal Appeal No. 3653 of 2004 pending before the High Court Division. 2. On 15-3-1999 there was an explosion in one of the rooms of the first floor of the premises of the respondent No.1 at Madalibagh Hospital Ro..Category: Criminal Law | Date: | Hits: 184
Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ...... of 1999). Judgment: Md. Ruhul Amin J. - This is a plaintiff's appeal by leave against the order dated January 11, 1999 of a Single Bench of the High Court Division in Civil Order No.1451 of......e we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ......on June 8, 1995, that after the death of Abdur Rashid, the plaintiff approached his daughter defendant No.1 and the grand children through the daughter Salemun Nessa and Amena Khatun (plaintiff is one of the sons of Salemun Nessa and Salemun Nessa's other son is defendant No. 2 and the daughter ..Category: Property Law | Date: | Hits: 26
Capt. (Retd.) B. Akram Ahmed Khan Vs. BD Oil, Gas & Mineral Resources Corpn. & or, 2006, 35 CLC (AD)
....is accordingly, allowed without any order as to costs, the connected Civil Petition No. 400 of 2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......gment MM Ruhul Amin J.- This appeal by leave is directed against the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging th......2003 is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) 2008, 126. ......al by leave is directed against the judgment and order dated 7-12-98 passed by the High Court Division in Writ Petition No. 9 of 1996 discharging the Rule. 2. Short facts are that the petitioner joined the then Pakistan Army and was commissioned as Second Lieutenant on 29-3-1970 and ultim..Category: Employment/Service Law | Date: | Hits: 109
Election Commission Vs. Alhaj Advocate Md. Rahmat Ali, MP and others, 2006, 35 CLC (AD)
....of the Ordinance manner has been laid down for the preparation and publication of the electoral roll. Sub-section 6 of section 7 of the Ordinance provides for maintaining the final electoral roll (published under section 7(4) of the Ordinance) in the manner prescribed and the electoral roll so m...... [In Civil Appeal No. 54 of 2006]. Not represented—Respondent Nos. 2 & 3. [In Civil Appeal No. 55 of 2006] Civil Appeal Nos. 54 and 55 of 2006. (From the judgment and order dated 4-1-2006 passed by the High Court Division in Writ Petition Nos. 9157 and 9180 of 2005......ed judgment and order. The parties will bear their respective costs. Ed. ......in Writ Petition Nos. 9157 and 9180 of 2005). Judgment Syed JR Mudassir Husain CJ.- I have gone through the judgments proposed to be delivered by learned brother, Amirul Kabir Chowdhury, the ..Category: Election Law | Date: | Hits: 159
Ashequr Rahman (Md) Vs. Bangladesh Agricultural Research Institute, 2006, 35 CLC (AD)
.... that proceeding against him was not concluded within 180 days as per Regulation 43(8) of the Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Judgment: Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the High Court Division in Writ Petition No. 2417......e Regulations. Accordingly, the appeal is dismissed without any order as to costs. Ed. ...... Civil Appeal No. 315 of 2001. Judgment: Md Ruhul Amin J.-This appeal by the writ petitioner by leave is against the judgment and order dated April 11, 2000 of a Division Bench of the Hig..Category: Employment/Service Law | Date: | Hits: 92
Aynul Sheikh and others Vs. State, 2006, 35 CLC (AD)
....Code and they are sentenced to suffer rigorous imprisonment for 10 (ten) years each and to pay a fine of Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Judgment: Amirul Kabir Chowdhury J. - Criminal Appeal No. 42 of 2003 is at the instance of convict-appellant Shafiuddin Sheikh against the judgment and order dated 30-4-2001 passed by the High Court Division in Criminal Appeal No. 2180 of 1997. ......Taka 5,000 each, in default, to suffer rigorous imprisonment for 1 (one) year each. Ed. ...... Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J Aynul Sheikh and others........Petitioners vs State.................................Respondents Judgement J..Category: Criminal Law | Date: | Hits: 42
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......on for Leave to Appeal No. 161 of 2005. Judgment: Amirul Kabir Chowdhury J.- AKM Shamsuddin alias Kalam and another, accused petitioners, seek leave to appeal against the judgment and order dated 9-4-2005 passed by a Division Bench of the High Court Division in Criminal Miscellaneou...... Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ......minal) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J AKM Shamsuddin alias Kalam Doctor and other......Petitioners vs State.................................Respondent Judgment June ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....icy on behalf of the Government. In pursuance of the said decision an action was taken by the Disinvestment Working Group in that behalf, a public notice bearing No. P-3-490/76/1 dated 20-4-76 was published in the local newspaper calling for quotations for purchase of the assets and liabilities ...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ......me Court Appellate Division (Civil) Present: KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People&rsq......l) Present: KM Hasan CJ Md Fazlul Karim J Md Tafazzul Islam J Paper Converting & Packaging Ltd.................. Petitioner Vs. Government of the People’s Republic of Bangladesh and others.......Resp..Category: Procedural Law | Date: | Hits: 93
Anwar Hossain Chowdhury Vs. Bangladesh, 1989, 18 CLC (AD)
....d to swear an affidavit-in-opposition but it was refused by the Commissioner of Affidavits of the High Court Division (Dhaka) who informed him that by virtue of the Impugned Amendment which was published in the official gazette on 11 June 1988, read with President's Notification under clause (...... 1988 Civil Appeal No. 43 of 1988 Civil Petition for Special leave to Appeal No. 3 of 1989. Judgment Badrul Haider Chowdhury J. — These two appeals by special leave arise out of an order dated 15.8.88 passed by a Division Bench of the High Court Division at Dhaka in Writ Petitio...... Ed. This Case is also Reported in: (1989) BLD (Special Issue) 1, 41 DLR (AD) (1989) 165. ......angladesh Secretariat, P.S. Ramna, Dhaka & other ………………………………………........ Respondents (In Civil Appeal No. 43 of 1988) Ibrahim Sheikh.......................Petitioner (In Civil Petition No. 3 of 1989) Vs. Bangladesh, represented by the Secretary, Ministr..Category: Constitutional Law | Date: | Hits: 1934
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