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Abdul Bari Sarker Vs. Bangladesh, 1994, 23 CLC (AD)
....eived the Government's order dated 29 December 1992, by which his appointment was cancelled offering one month's pay. In his Writ petition (No. 95 of 1993) the petitioner referred to two news items published in two prominent national dailies in the month of November that because of the Chairman'......t), instructed by MG Bhuiyan, Advocate-on-Record -For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 222 of 1993. (From the judgment and order dated 26.4.93 passed by the High Court Division in Writ Petition No. 95 of 1993). Judg....... This case is also reported in: 46 DLR (AD) (1994) 37 ......il) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J. Abdul Bari Sarker .............................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Governm..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....t, which meant that seniority on the basis of merit was given a go‑by and the Petitioner was to be junior to respondent Nos. 3-11. Petitioner did not know anything about this circular as it was not published in the Gazette. On the basis of this Memorandum a Gradation list was prepared on 31 May 19......l No. 77 of 1992) Not Represented-For the Respondent Nos. 2-64 (In Civil Appeal No. 77 of 1992) Civil Appeals Nos. 44, 45, 46, 47, 48, 49, 62, 63, 76, and 77 of 1992. (From the judgment and order dated 12.5.92 passed by the High Court Division, Dhaka in Writ Petitions Nos. 4, 111,134, 847,......to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ...... making the recommendation for appointment. 2. Most of the facts are common to all these Writ Petitions and, as such, facts of each and every Petition need not be described in this judgment. Petitioner Azizur Rahman of WP No. 4 of 1991 was appointed on ad‑hoc basis as an Assistant Engineer (Mec..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
....re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......gment: Shahabuddin Ahmed J.- This appeal by special leave is from an order of acquittal passed by a Single Judge of the High Court Division on April 12,1979 in Crimina...... to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......d on July 18, 1975 but was ante‑dated intending to be believed that it was executed on July 5, 1975 i.e. earlier than the appellant's sale-deed. Accused Ibrahim, husband of Amatun Nessa, was one of the attesting witnesses of this sate-deed, other accused persons are closely inter-related w..Category: Criminal Law | Date: | Hits: 61
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
....f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ......ssed that it is a rule sanctioned by expediency and established by practice that a separate application is necessary to be filed for condonation of delay………………………..(9) (ii) The order of the learned District Judge admitting the time barred appeal was apparently bad but the lear......the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ....... Shamsuddin, 40 DLR 10 that it is not absolutely essential that a formal application must be filed for condonation of delay though approved by the Appellate Division stressed that it is a rule sanctioned by expediency and established by practice that a separate application is necessary to be filed ..Category: Procedural Law | Date: | Hits: 121
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
....nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......d, Yunus, is also an accused in the case. The Chief Metropolitan Magistrate, Dhaka refused the prayer of the appellant for custody of his daughter and put her in the jimma of her elder sister by an order passed on the aforesaid date. 2. At the time of hearing of this appeal the learned Advocate......f her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ...... 2. At the time of hearing of this appeal the learned Advocates of the parties drew our attention to their respective clients who were present in court, presenting a moving spectacle themselves; on one side sat an old man, the appellant, with his head down as if in resignation and on the other sid..Category: Criminal Law | Date: | Hits: 68
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ...... No. 1677 of 1988.) Judgment: Mustafa Kamal J.- This leave petition by the writ petitioner is from the judgment and order of the High Court Division discharging the Rule Nisi, in Writ Petition No. 1677 of 1988. ......Court of Settlement and another …………..Respondents Judgment May 19th, 1991. Lawyers Involved: Moksumul Hakim, Senior Advocate (Md. Zaker Hossain, Advocate with him) instructed by Abu Backkar, Advocate-on-Record-For the Petitioner Not ...... Supreme Court Appellate Division (Civil) Present: M H Rahman J ATM Afzal J Mustafa Kamal J. Hosne Ara Begum.............................Petitioner Vs. Chairman, Court of Settlement and another …………....Category: Property Law | Date: | Hits: 77
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......ith him), instructed by Md. Aftab Hossain, Advocate-on-Record - For the Respondents (in CA 79 of 1992). Civil Appeals Nos. 42 and 79 of 1992. (From the judgment and order dated 25th June, 1992 passed by the Administrative Appellate Tribunal Case No. 71 of 1991) ...... Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ...... Judgment Shahabuddin Ahmed CJ.- These two appeals, one filed by an employer and the other by an employee, are directed against an order of the Admini..Category: Administrative Law | Date: | Hits: 149
Sharif Nurul Ambia Vs. Dhaka City Corporation represented by its Mayor and others, 2006, 35 CLC (AD)
....this order. The respondent Nos. 1 and 5 are directed to stop construction of the multi-storied building and to demolish the structure, if any, already constructed. Ed. ......structed by Md. Nawab Ali, Advocate-on-Record—For Respondent Nos. 2 & 6. Ex parte—Respondent Nos. 3-4. Civil Appeal No. 148 of 2002. (From the judgment and order dated 6th February, 2000 passed by the High Court Division in Writ Petition No. 937 of 1995).......sh the structure, if any, already constructed. Ed. ...... Judgment July 19, 2004. The Constitution of Bangladesh, 1972, Articles 32 & 102 Public interest- Private interest The public interest which should be championed by agencies like respondent no. 1 i.e. Dhaka Municipal Corporation ignored this demand and all..Category: Environmental Law | Date: | Hits: 293
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......dge. Accordingly, the appeal is dismissed with costs. Ed. ......ered possession, that there was stipulation in the agreement that the kabala would be executed and registered after six months from date of agreement after payment of balance of the consideration money Taka 600. It was the case of the plaintiff that after executing bainapatra and receiving the p..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ......dvocate-on-Record—For Respondent Nos. 1 & 2. Not represented—Respondent Nos. 3-36. Civil Petition for Leave to Appeal No. 37 of 2002. (From the judgment and order dated 5-11-2001 passed by the High Court Division in Civil Revision No. 5326 of 2000). ......r our interference. The leave petition is dismissed. Ed. ......ourt Appellate Division (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Selim (Md) and others........................Petitioners Vs. Syedul Haque Chowdhury and others....................Respondents ..Category: Property Law | Date: | Hits: 68
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
....record was wrongly prepared for 6 (six) decimals in the name of plaintiffs and 22 decimals in the name of the defendants. It is further argued that the suit is barred by limitation as SA record was published long before 6 (six) years of the institution of the suit and plaintiffs did not come to ......li, Advocate-on-Record—For Respondent Nos. 1-3. Not represented—Respondent Nos. 4-9. Civil Petition for Leave to Appeal No. 1141 of 2000. (From the judgment and order dated 6th June, 2000 passed by the High Court Division in Civil Revision No. 1502 of 1994). ......er, this petition merits no consideration Accordingly, it is dismissed. Ed. ......Supreme Court Appellate Division (Civil) Present: Mainur Reza Chowdhury J SJR Mudassir Husain J Serajul Islam & others ...................Petitioners Vs. Md. Abdur Razzaque Chowdhury and another.................Respondents ..Category: Property Law | Date: | Hits: 43
Kader Textiles (Pvt) Ltd. and another Vs. Md. Lehajuddin Miah, and others, 2006, 35 CLC (AD)
....ection 233 of the Company law and thus in passing the impugned judgment and order. Therefore, we do not find merits in this leave petition. Accordingly, this leave petition is dismissed. Ed. ........................Respondents Judgment February 1, 2003. The Companies Act, 1994 (XVIII of 1994), Section 233 The Company Court has been given jurisdiction to pass any order or orders for the purpose of protection of the interest of the minority Share holders under t......is leave petition is dismissed. Ed. ......sion (Civil) Present: M Reza Chowdhury CJ Syed JR Mudassir Husain J Abu Sayeed Ahammed J Kader Textiles (Pvt) Ltd. and another................Petitioners Vs. Md. Lehajuddin Miah, and others.......................Respondents ..Category: Business or Commercial Law | Date: | Hits: 86
Anwar Hossain Vs. Mainul Hosein & others, 2006, 35 CLC (AD)
.... Magistrate, Dhaka and Mr. Anwar Hossain to show cause as to why the impugned orders contained in Annexures-E and G and the publication of name of respondent No.3, Mr. Anwar Hossain as printer and publisher on behalf of the petitioner No.2, Ittefaq Group or Publications Ltd. should not be declar......r Respondent No. 1. Not represented—Respondent No. 2. Civil Appeal Nos. 96-98 of 2004 with Civil Petition for Leave to Appeal No. 558 of 2004. (From the judgment and order dated 14-7-2003 passed by the High Court Division in Writ Petition No. 3773 of 1996, 2746 of ......s disposed of in the light of the Judgment in the appeals. Ed. ......ti Lal Jute Mills and another AIR 1960 SC 378; Madhu Limaye vs. The Superintendent. Tihar Jail, Delhi and others AIR 1975 SC 1505; M Saleem Ullah Advocate vs. Md. Abdur Rouf, Chief Election Commissioner and others 1 BLC 229; Md. Abdur Rashid Khan vs. Government of the People's Republic of Bangla..Category: Civil Law | Date: | Hits: 103
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......vocate-on-Record — For Respondent No. 1. Not represented — Respondent Nos. 2 and 3. Civil Petition for Leave to Appeal No. 1190 of 2004. (From the judgment and order dated 7th August 2004 passed by the High Court Division in Civil Order No. 291 of 2004). ......the petitioner. The petition is dismissed. Ed. ......nt: Syed JR Mudassir Husain CJ Md. Fazlul Karim J MA Aziz J Amirul K Chowdhury J Akhtar Begum & others…....................................Petitioners Vs. Mahmudul Haque, Advocate and others... .............Respondents ..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
.... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......m) instructed by MG Bhuiyan, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Appeal No. 120 of 1998. (From the judgment and order dated 7th July, 1994 passed by the High Court Division in Civil Revision Nos. 758 of 1992). ......the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ......date Fund" as provided in clause (b) of Article 90(1) of the Constitution makes it mandatory to introduce in Parliament a Bill to provide for appropriation out of the Consolidated Fund of the money required to meet the expenditure charged on the Consolidated Fund. Clause (3) of Article 90 d..Category: Civil Law | Date: | Hits: 104
Harendra Nath Mahali Vs. Ramesh Chandra Haider and others, 2006, 35 CLC (AD)
.... reconveyance at all stages. 18. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......e has been filed against the judgment dated July 23, 2001 of a Single Bench of the High Court Division in Civil Revision No. 4097 of 1996 making the Rule absolute obtained against the judgment and order dated September 30, 1996 of the Court of Additional District Judge, Bagerhat in Miscellaneous......e appeal. Accordingly, the appeal is dismissed with cost of. Ed. ......ance If the disputed land goes back to the original owner in pursuance of an agreement for reconveyance, the right of pre-emption is no longer available. But if reconveyance be a collusive one and right, title, interest and possession do not go back to the original owner and remains with..Category: Property Law | Date: | Hits: 67
Afia Begum and others Vs. Abdul Baset Mia & others, 2006, 35 CLC (AD)
..... In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. ......emptors appeal by leave against the judgment dated May 26, 1997 of a Single Bench of the High Court Division in Civil Revision No. 343 of 1995 discharging the Rule obtained against the judgment and order dated October 22, 1994 of the 2nd Court of Subordinate Judge (now Joint District Judge), Nars......eal is dismissed. There is no order as to costs. Ed. ......land sought to be preempted sought preemption against the co-sharers who long before the purchase sought to be preempted became co-sharers of the holding by inheritance. 7. It may be mentioned the pre-emptees pleaded that they purchased the land sought to be preempted with an agreement ..Category: Property Law | Date: | Hits: 70
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ...... Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ......C set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court for a retrial in accordance with law. This is evidently for the benefit of the petitioner. Filing of the petition for leave to appeal before the Appellate Division is an unnecessary ex..Category: Property Law | Date: | Hits: 51
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
....ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ......ahidullah, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 564 of 2003. (From the judgment and order dated 9-2-2003 passed by the High Court Division in Civil Revision No. 5151 of 2000). ......s petition. The petition is, therefore, dismissed. Ed. ...... (Civil) Present: Syed JR Mudassir Husain CJ MM Ruhul Amin J Amirul K Chowdhury J Bangladesh Shilpa Rin Sangstha (BSRS)...........................Petitioner Vs. Monowara Begum and others.......................................Respondent..Category: Civil Law | Date: | Hits: 95
Jainul Abedin Jamal Vs. Qais Huda and others, 2006, 35 CLC (AD)
....possession of the premises within 30 days in order to hand over possession of the premises to the purchaser of the building who is said to have purchased the said property pursuant to a tender notice published in the newspaper the Daily Ittefaq dated 13-2-2001. It has been contended that the RAJUK i......75 of 1999). Not represented- Respondent No. 1 (In Civil Petition No. 1674 of 2004). Civil Petition for Leave to Appeal Nos. 1674-75 of 2004. (From the judgment and order dated 17-8-2004 passed by the High Court Division in Writ Petition Nos. 3420 and 3936 of 2001)......e judgment of the High Court Division. Both the leave petitions are dismissed. Ed. ......me Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Jainul Abedin Jamal....................Petitioner Vs. Qais Huda and others....................Respondents Judgment ..Category: Tenancy Law | Date: | Hits: 67
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