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Bangladesh Vs. Md. Idrish Miah, 2006, 35 CLC (AD)

....icer. 14. In view of our above discussion to find no merit in the appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: ...... Amir 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 ......out any order as to cost. Ed. This Case is also Reported in: ......s Assistant on 8-8-1969. After emergence of Bangladesh, the said Family Planning Board was redesignated and merged with population control and family planning Directorate. The service of the petitioner was absorbed under the directorate of population control and Family Planning. After seven yea..

Category: Administrative Law | Date: | Hits: 112

Government of Bangladesh Vs. Amora Holding Inc. Panama and other, 2006, 35 CLC (AD)

.... not sustainable in law and the same is accordingly, set aside and accordingly, the Rule is recalled. In the result, the appeal is allowed without any order as to costs. Ed. ......instructed 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). ...... appeal is allowed without any order as to costs. Ed. ......is directed against the goods itself, which were not subject matter of the case under section 25 of the Special Powers Act. Provisions in both the Acts are distinct and different. One Act is in personem and the other is in rem and, as such, acquittal and conviction under one Act will not automat..

Category: Business or Commercial Law | Date: | Hits: 96

Government of the People's Republic of Bangladesh & others Vs. Khashru Miah, 2004, 33 CLC (AD)

....decisions arrived at by the High Court Division. For all the above reasons, we find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ...... The writ petitioner-respondents were granted settlement by writ petitioner-respondent no. 1 by registered instrument and as such the writ petitioners were legally entitled to be heard before any order of cancellation of the settlement for alleged violation of the terms and conditions of the lea......find no substance in these two petitions. Accordingly, these are dismissed. Ed. This Case is also Reported in: ......te Division (Civil) Present: Md. Ruhul Amin J Syed JR Mudassir Husain J MM Ruhul Amin J Government of the People's Republic of Bangladesh & ors.......................Petitioners Vs. Khashru Miah.......................Respondent Judgment January 11, 2004. ..

Category: Property Law | Date: | Hits: 77

Girilal Garwala Vs. Collector of Customs, Chittagong and others, 2006, 35 CLC (AD)

....hearing of the whole matter by entering into the facts of the case which this Division cannot do in such situation. Accordingly, the review petitions are dismissed. Ed. ......mdash;For the Petitioner (In all the cases). Not represented—Respondents (In all the cases). Civil Review Petition Nos. 52, 53 & 54 of 2000 (From the judgment and order dated 24 February 2000 passed by the Appellate Division in Civil Petition Nos. 830,831 & ...... Chittagong and others..........................Respondents Judgment October 26, 2003. The Constitution of Bangladesh, 1972, Article 105 The ground taken for review indicates that the petitioner intends re-hearing of the whole civil petition which has been dispose......Hasan CJ Md. Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Girilal Garwala………………………..Petitioner vs Collector of Customs, Chittagong and others..........................Respo..

Category: Business or Commercial Law | Date: | Hits: 88

Daulat Ahmed Vs. Md. Shafiqul Islam Chowdhury & others, 2006, 35 CLC (AD)

....igh Court Division in revisional jurisdiction and obtained the Rule. 3. The suit was filed seeking recovery of possession of the land described in schedule 'Ka' and for a direction to prepare and publish the khatian in respect of the land described in schedule 'Kha' in the name of the plaintiff.......ment November 30, 2005. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908) Order XXXI, rule 1, Order XII, rule (1) The settled law by now is that an order of status quo is an order of injunction directing the parties to the suit to restrain themselv......e petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 17. ......ellate Division (Civil) Present: Md. Ruhul Amin J Md. Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul K Chowdhury J Daulat Ahmed…………………..Petitioner Vs. Md. Shafiqul Islam Chowdhury & others.... ............Respondents Judgment ..

Category: Civil Law | Date: | Hits: 92

Abul Kalam Azad alias Ripon (Md) Vs. State, 2006, 35 CLC (AD)

....of PW 2 and other inmates of the house. About one week after the incident police seized the Khata, Exhibit 2, his sister used to write Diary which police seized and on some occasions the newspaper published the news about the Diary, he was present when the witnesses from his house were examined ...... Md. Ruhul Amin J.- This appeal by the condemned prisoner is against the judgment and order dated January 25,2003 of a Division Bench of the High Court Division accepting the Death Refe......the Court of Nari-o-Shishu Nirjatan Daman Adalat, Narayanganj for taking steps in accordance with law. Ed. ......3809 of 2000). Judgment: Md. Ruhul Amin J.- This appeal by the condemned prisoner is against the judgment and order dated January 25,2003 of a Division Bench of the High Court ..

Category: Criminal Law | Date: | Hits: 59

Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)

....tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ...... Dispensed with— Respondent Nos. 2-5 & 17-20. Ex parte—Respondent Nos. 6-8 & 13-16. Civil Appeal Nos. 18 & 19 of 1999. (From the judgment and order dated 5-5-1998 passed by the High Court Division in Civil Revision Nos. 560 & 149 of 1996......atan Chandra Sarker and others.................Respondents Judgment November 3, 2003. The Limitation Act, 1908 (Act IX of 1908), section 149 As the property vested in the Government by operation of law in 1978, to claim any right by adverse possession, the plaint......ow also found that Title Suit No. 123 of 1990 was barred by limitation. 10. The High Court Division did not give any finding on the above questions. The High Court Division, as we have mentioned earlier, made out a third case and decreed the suits. The High Court Division held that the pl..

Category: Property Law | Date: | Hits: 51

Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)

....r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ......possession has been taken by issuance of notice under article 7 of President’s Order No.16 of 1972. No notice being served under article 7 upon the appellant entitling him to challenge the order treating the property as abandoned. Because of non-compliance of the provisions of article 7 a......sp; Md. Hamidul Haque J Md. Tafazzul Islam J Abdur Rashid Mollah.....................Appellant Vs. Bangladesh, represented by the Secretary, Ministry of Works and Urban Development and another..........................................Respon......Works and Urban Development and another..........................................Respondent Judgment October 21, 2003. Result: The appeal is allowed. The Bangladesh Abandoned Property (Control Management and Disposal) Order, 1972 (President's Order No. 16 of 1972), arti..

Category: Property Law | Date: | Hits: 108

Government of Bangladesh and others Vs. Khondaker Khairul Kabir, 2006, 35 CLC (AD)

....al on correct appreciation of the materials on record and the law applicable allowed the appeal and accordingly, no interference is called for. The petition is dismissed. Ed. ......mayun Hossain Khan, Advocate, instructed by Aftab Hossain, Advocate-on-Record—For the Respondent. Civil Petition for Leave to Appeal No. 1490 of 2003. (From the judgment and order dated 15th September, 2003 passed by the Administrative Appellate Tribunal in Administrative ......nterference is called for. The petition is dismissed. Ed. ......Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Government of Bangladesh and others................Petitioners Vs. Khondaker Khairul Kabir ........................Respondent Judgm..

Category: Administrative Law | Date: | Hits: 113

ASI Md. Ayub Ali Sardar and another Vs. State, 2005, 34 CLC (AD)

....their sentence. Be that as it may, we find that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13......., instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioners. Not Represented—the Respondent. Criminal Petition for Leave to Appeal No. 48 of 2003. (From the judgment and order dated 13-11-2002 passed by the High Court Division in Death Reference No. 23 of 1999, Criminal......that this petition has no substance. Accordingly, the criminal petition is dismissed. Ed. This Case is also Reported in: 58 DLR (AD) (2006) 13.......urt Appellate Division (Criminal) Present: Syed JR Mudassir Husain CJ Md. Fazlul Karim J Amirul Kabir Chowdhury J ASI Md. Ayub Ali Sardar and another.................Petitioners Vs. State........................Respondent Judgment August 29, 2005. Resul..

Category: Criminal Law | Date: | Hits: 78

Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)

....ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ......bur Rahman, 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). ......titioner. The petition is dismissed. Ed. ...... (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Bijoy Kumar Chakroborty......................Petitioner Vs. Md. Muzaffar Hossain being dead his heirs Hamida Begum and others.........

Category: Property Law | Date: | Hits: 69

Begum Shamsunnahar Vs. Government of Bangladesh, 2006, 35 CLC (AD)

.... cause was served upon the appellant before her removal from service. The finding of the Administrative Appellate Tribunal is that the appellant was asked to make comments on some allegations published against her in a daily newspaper but she remained silent and this tantamou......aruna 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). ...... Accordingly, the appeal is allowed without any order as to costs. Ed. ......;Nirupay dorkhasto karini Shochib, Mohila o Shishu bishoyok Montronaloy barabor 7-1-95 ing tarikhe Shochib borabore dorkhasto pesh koren” and in Annexure “cha” it was clearly mentioned that “ Porobortite Shochib Mohodoyer nikot 7-1-95 ing tarikhe amar dayittobhar pro..

Category: Administrative Law | Date: | Hits: 128

Nagendra Chandra Sarkar Vs. Aftabuddin and others, 1992, 21 CLC (AD)

....ble. In the circumstances, we do not think it proper to interfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ...... Abdul Malek, Senior Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent Nos. 1-9 and 11-13. Criminal Appeal No. 20 of 1989 (From the judgment and order dated 5.12.85 passed by the High Court Division, Dhaka, in Criminal Appeal No. 232 of 1984).......terfere with the order of acquittal. The appeal is therefore dismissed. Send down the record of the trial Court immediately. Ed. ......mitted that the order of acquittal has been passed in appeal disregarding the clear evidence of forgery and that the learned Judges of the High Court Division misread the evidence on record and erroneously held that PWs 1, 2 and 7 three of purported executants of the questioned Sale-deeds did no..

Category: Criminal Law | Date: | Hits: 68

Sree Monju Kumar Saha & others Vs. State, 1992, 21 CLC (AD)

....ule. The court may grant or refuse the bail or ask the petitioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......structed by Md. Nawab Ali, Advocate-on-Record - For the Petitioners. EX parte – Respondent. Criminal Petition for Leave to Appeal No. 45 of 1991. (From the judgment and order dated 13.6.91 passed by the High Court Division, Dhaka, in Criminal Appeal No. 410 of 1991).......itioner to come up with a separate petition and may hear the State if necessary before disposing of an application for bail. Ed. ......sion (Criminal) Present: MR Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sree Monju Kumar Saha & others .....................Petitioners (In Jail) Vs. State ………………&helli..

Category: Criminal Law | Date: | Hits: 50

Kudrat-E-Elahi Panir Vs. Bangladesh, 1992, 21 CLC (AD)

....o. 59 of 1982, as amended by Ordinance No. 33 of 1983. The original Ordinance (No. 59) which was named "The Local Government Thana Parishad and Thana Administration (Re‑organisation) Ordinance, was published in the Gazette on 21 December, 1982 and since then it was amended on 18 occasions. The sec......both the 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 300....... Ed. This Case is also Reported in: 44 DLR (AD) 319. ......��…………………………………Appellant (In Civil Appeal No. 4 of 1992) Ahsanullah………………………………………………………………………………….Petitioner (In Civil Petition No. 118 of 1992) Vs. Bangladesh, through the Secretary, Minist..

Category: Constitutional Law | Date: | Hits: 655

Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)

....86 for attachment of the aforesaid shares of the judgment-debtor No. 2 Khondkar Mahtabuddin Ahmed which were lying with the UCBL. Having coming to know of the said order of attachment from a notice published in the newspapers the UCBL filed an application for vacating the said order of attachmen......instructed 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 19......n (Civil) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Sonali Bank .........................................................Plaintiff-Appellant Vs. United Commercial Bank Ltd. and others................ Def......ies owned by the judgment‑debtor No. 2 on his personal guarantee. The total outstanding liability stood at Tk. 69,93,579.60 on 31.3.87 and on the date of application it increased to about Tk one crore. The judgment‑debtor No. 2 deposited his 25,000 share certificates to the Bank with..

Category: Business or Commercial Law | Date: | Hits: 124

Abu Bakar Siddique (Md) Vs. Kafiluddin and others, 1992, 21 CLC (AD)

....as not felt aggrieved by the said order. The petition is dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ......in, Advocate-on-Record -For the Petitioner. Not represented –Respondents. Criminal Petition for Leave to Appeal No. 18 of 1991. (From the Judgment and order dated 10.12.90 passed by the High Court Division, Dhaka in Criminal Appeal No. 211 of 1987.) ......s dismissed. However acquittal in a criminal case does not stand in the way to seek remedy by civil action. Ed. ...... Afzal J Mustafa Kamal J Latifur Rahman J Abu Bakar Siddique (Md)……………………Complainant-Petitioner Vs. Kafiluddin and others...............Accused-Respondents &nb..

Category: Criminal Law | Date: | Hits: 61

Saleem Ullah Vs. The State, 1992, 21 CLC (AD)

..... AKM Fazlul Karim, the Subordinate Judge, Third Court, Dhaka, the High Court Division issued a Rule upon the appellant to show cause as to why he should not be committed for contempt of Court for publishing and making comments in the Bangladesh Observer dated February 20,1987, under the caption......Chaklader, 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 ......tion, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ......ary 20,1987, under the caption, "Around the Courts, Damage suit dismissed after 25 years" in connection with a judgment delivered on January 20, 1987 by the learned Subordinate Judge, in Money Suit No. 22 of 1986. For a fuller understanding of the background of this case let me quote t..

Category: Criminal Law | Date: | Hits: 141

Controller of Examinations, University of Dhaka and others Vs. Mahinuddin & ors, 1992, 21 CLC (AD)

....minees who did not challenge it is sustainable in law. Obvious answer is in the negative. Parties will bear their own cost. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ......slam, 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 resp...... Ed. This Case is also Reported in: 44 DLR (AD) (1992) 305. ...... alternative remedy by way of statutory appeal is available. 2. In both the appeals the Controller of Examinations of Dhaka University and others are the appellants. The respondents, 40 in one appeal (CA No. 8 of 1992) and 1 in the other appeal (CA No. 10 of 1992) are examinees in the Deg..

Category: Constitutional Law | Date: | Hits: 169

Mohammad Eunus and Brothers (Pvt) Ltd. Vs. Registrar, University of Chittagong ,1992, 21 CLC (AD)

.... considered. But in the present case interest was set aside by my learned brother by giving good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......ivil 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 Mustafa Kamal J.- By a judgment and order dated the 28th November 1989 the learned Subordinate Judge, 2nd Court, Chittagong in Miscellan......ing good reasons on the fact of this case. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 296. ......6 invited tender among others for earthwork, construction of retaining wall and drainage system of Shahid Abdur Rob (Kata Pahar) Sarak. The estimated cost was Tk. 75 lakhs. All the items of work mentioned therein contained unit rate except item No. 1 which was as follows: "Earth work in cu..

Category: Alternative Dispute Resolution | Date: | Hits: 202

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