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Govt. of BD rep. by the Sec., Min. of Housing & Pub. Work & ors Vs. Md. Javed Alam, 2004, 33 CLC (AD
.... The Bangladesh Abandoned Building (Supplementary Provisions) Ordinance, 1985 (LIV of 1985), Section 10 20 % interest on the tax paid to the government from the date of unauthorized occupation till the date of restoration of possession is omitted. The rent act......ing direction to restore vacant possession of the property in question to tile respondent is maintained. Accordingly, the leave petition is disposed of in the aforesaid manner. Ed. ..Category: Property Law | Date: 24 Mar, 2003 | Hits: 463
Syeda Mazeda Khatun Vs. Bangladesh Shilpa Rin Sangstha, 2003, 32 CLC (AD).
.... AKM Khalequzzaman Advocate‑on‑Record‑For the Respondent. Civil Petition for Leave to Appeal No. 1370 of 2002. (From the judgment and order dated 8th June 2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No. 46 of 2000)...... dated 24‑9-1987. The petitioner sent representation to the BSRS authority for getting the post of Librarian on 15‑11‑1987 vide annexure yo. Thereafter, the authority took its final decision in the matter by issuing a letter date 23‑4‑1988 (Annexure‑Ka). Thus the ..Category: Employment/Service Law | Date: 17 Mar, 2003 | Hits: 84
Moinul Haque (Md) & anr. Vs. State, 2004, 33 CLC (AD)
....twary, Advocate-on-Record‑For the Respondents (In both the cases). Criminal Petition for Leave to Appeal Nos. 162 & 171 of 2001. (From the judgment and order dated 27‑5‑2001 and 28‑5‑2001 passed by the High Court Division in Death Re......ecause the circumstances do not support the prosecution case which do rather support the defence case. 6. In support of the submissions Mr. Kazi Shahadat Hossain cited the decisions in the cases of Shah Khan vs. State reported in 18 DLR (WP) 91, Abdur Rashid vs. State 2..Category: Criminal Law | Date: 13 Mar, 2003 | Hits: 316
Nahar Shipping Lines Ltd. & anr. Vs. Homera Ahmed & ors., 2004, 33 CLC (AD)
....9; For Respondent Nos. 1‑ 7. Not represented‑Respondent Nos. 8‑13. Civil Petition for Leave to Appeal No. 1382 of 2002. (From the judgment and order dated 4 December 2001 passed by the High Court Division in Matter No. 151 of 1997). Judgment......ors". The High Court Division considered the provision of section 233(1) of the Company Act, section 459 of the English provision based upon "unfairly prejudicial" of the conduct and decisions of the English Court referred to in the judgment and section 397 of the Indian Company Ac..Category: Business or Commercial Law | Date: 12 Mar, 2003 | Hits: 273
Aloke Nath Dey Vs. Govt. of BD. rep. by the DC, 2004, 33 CLC (AD)
....ey‑General, instructed by Ahsanullah Patwary Advocate‑ on‑Record-For the Respondent. Civil Petition for Leave to Appeal No. 1049 of 2002 (From the judgment and order dated 15th April 2002 passed by the High Court Division in Matter No. 2 of 2000). Judgment&......intainable. After hearing the learned Advocate for the opposite party and the petitioner in that case, the learned District Delegate, by his order dated June 12, 1078 held, on the authority of the decision in the case of Dina Nath vs. Balkrishna, AIR 1963 All 46, that the liability to refund the..Category: Property Law | Date: 11 Mar, 2003 | Hits: 436
Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)
....etitioner. Md. Haroon Ar Rashid, Advocate-For the Opposite party. Civil Revision No.1447 of 2001. Judgment Bijan Kumar Das J.-This rule is directed against the judgment and order dated 29.1.2001 passed by the 3rd Court of the senior Assistant judge and S.C.C. Judge, Dhaka in S.C......ress of the defendant and found her absent this should amount to service of a notice under section 106 of the Transfer of Property Act. The finding of the trial Court though inconsistent but ultimate decision does not suffer from any illegality or infirmity. 9. Having considered all the aspects..Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61
.... the Appellants.
Abdur Razzaq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑ Record‑For the Respondent.
Civil Appeal No. 51 of 2002.
(From the judgment and order dated 9‑11‑2000 passed by the High Court Division in Writ Petition No. 5233 of 2000).
Judgm......‘11‑2000 made the Rule absolute declaring the impugned letter to be without lawful authority and of no legal effect on the ground that an amended Act cannot have retrospective effect. From the said decision of the High Court Division leave was granted on the following terms:
"Mr. AF Hasan Arif..
Category: Others | Date: 8 Feb, 2003 | Hits: 112
Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).
..... Ahsanullah Patwary, Advocate‑on-Record‑For the Respondent. Criminal Appeal No. 23 of 1999. (From the judgment and order dated 19‑2‑1998 passed by the High Court Division in Criminal Appeal No. 20 of 1992). ...... sum, its inquiry report lacks finality and authoritativeness of a court as the Revenue officers do not possess the power to decide the title to and the property rights in the immovable property. The decision of the Upazila Nirbahi Officer as to mutation can at least be considered as an executive or..Category: Property Law | Date: 4 Feb, 2003 | Hits: 80
Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)
....instructed by Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No.1 Not represented ‑ Respondent No. 2. Civil Petition for Leave to Appeal No. 695 of 2002. (From Judgment and order dated 21‑1‑2002 passed by the High Court Division in First Appeal No. 122 of 1992). Judgment ...... High Court Division has decreed the suit for Specific Performance of Contract. 9. With regard to the proposition that time was the essence of the contract, the High Court Division has relied on a decision of Ram Chandra Das and others Vs. Md Khalilur Rahman and another reported in 1985 BLD (AD) ..Category: Property Law | Date: 4 Feb, 2003 | Hits: 147
Md. Ashequr Rahman Vs. Bangladesh Agricultural Research Institute, 2003, 32 CLC (AD)
....m Bhuiyan, Advocate-on-Record- For the Respondents. 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 High Court Division in Writ Petition No.2417 of 1996......uded within 180 days as per Regulation 43(8) of the Regulations. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 1. ..Category: Employment/Service Law | Date: 2 Feb, 2003 | Hits: 92
Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD
....9;Record‑For Respondent No. 4. Ex parte‑Respondent Nos. 1‑3 Civil Appeal No. 125 of 2001. (From the Judgment and order dated November 2, 2000 passed by the High Court Division in Writ Petition No. 5399 of 2000). ......vision of section 176 of the Contract Act in the case reported in 51 DLR has not been correctly considered and interpreted and, as such, proposition of law laid down therein is no correct. Rather the decision of the High Court Division is against the provision of law as in section 176 of the Contrac..Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112
Abdur Rashid (Md) Vs. LGRD and Cooperatives, Local Government Division and others, 2003, 32 CLC (AD)
....bsp; Not Represented‑Respondent Nos. 1, 12‑7. Civil Petition for Leave to Appeal No. 1734 of 2002. (From the Judgment and Order dated August 26 ' 2002 passed by the High Court Division in Writ Petition No. 3668 of 2002). ......een taken by them along with others and that meeting of the Pourashava called for disposal of the resolution taken by the commissioners was not legal and that the meeting so convened for taking final decision on the alleged resolution of the commissioners for removal of the petitioner was unlawful. ..Category: Others | Date: 27 Jan, 2003 | Hits: 89
....h him) instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Petitioner.
Not represented‑ The Respondents.
Civil Review Petition No. 47 of 2000.
(From the judgment and order dated 3Gth April 2000 passed by the Appellate Division in Civil Petition for Leave to Appeal No. 44 ......s and/or error apparent on the face of the record this petition do not merit any consideration.
This petition is dismissed.
Ed.
This Case is also Reported in: 57 DLR (AD) (2005) 58
..
Category: Fiscal/Taxation Law | Date: 26 Jan, 2003 | Hits: 114
Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).
....or Advocate, instructed by Nawab Ali, Advocate‑on‑Record‑For the Respondents. Civil Appeal No. 18 of 1995. (From the Judgment and Order dated July 21, 1991 passed by the High Court Division in Civil Revision No. 523 of 1985). ......me of the pre‑emptors, was in respect of the land got pursuant to the final decree in the partition suit though there was no such evidence. Leave was also obtained for consideration whether the decisions reported in 33 DLR (AD) 323; 1987 BLD (AD) 122 and 33 DLR (AD) 309 have been properly inte..Category: Property Law | Date: 21 Jan, 2003 | Hits: 81
Govt. of BD, rep. by the Sec., Min. of Defence & ors. Vs. Md. Afzal Hossain Ansari, 2003, 32 CLC (AD
....ior Advocate, instructed by Md. Nawab Ali, Advocate‑on‑Record‑For the Respondent. Civil Appeal No. 98 of 1999. (From the Judgment and order dated October 26, 1998 passed by the Administrative Appellate Tribunal in Appeal No. 9 of 1998) ......on which is complained against before it. The dictionary meaning of the word 'determine' is 'settle', ‘decide.' These expressions bear amplitude which, in my opinion, is sufficient to cover any decision as to any aspect of the action which is impugned before a Tribunal. In other words, a Tribu..Category: Administrative Law | Date: 8 Jan, 2003 | Hits: 122
Securities and Exchange Commission Vs. Abu Tyeb and 10 ors. 2003, 32 CLC (AD).
.... whether to discharge the accused under section 265C or to frame charge under section 265D or to record the plea of guilt by the accused under section 265E. There is no question of fixing separate date for taking step under section 265C after the opening of the case under section 265B…&he......aken by the Additional Metropolitan Sessions Judge in one session and not as directed by the High Court Division. All the appeals are allowed without any order as to costs. Ed. ..Category: Criminal Law | Date: 17 Dec, 2002 | Hits: 76
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....Deputy Attorney‑General, instructed by Sufia Khatun, Advocate‑on‑ Record‑For the Respondent. Criminal Appeal No. 20 of 2002. (From the judgement and order dated 4th June, 2001 passed by the the High Court Division in Criminal Revision No. 1965 of 1997). ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....llants. Not represented‑Respondent Nos. 2‑38. Civil Appeal No. 13 of 2001. (From the judgment and order dated 24‑5‑2000 passed by the High Court Division in FA No. 213 of 1996). &......allegation from the appellants of non‑consideration of evidence, either oral or documentary, by the trial Court or lower appellate Court. From the spirit of the decisions cited above, the evidence discussed and relied upon, both oral and documentary, by the cou..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).
.... Not represented‑Respondent Nos. 4‑268. Civil Petition for Leave to Appeal No. 1378 of 2002. (From the judgment and order dated 25th August, 2002 passed by the High Court Division in First Miscellaneous Appeal Tender No. 5...... The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 99. ..Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....pellant. Abdus Salam Khan, Senior Advocate, instructÂed by Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondents. Civil Appeal No.88 of 1999. (From the Judgment and Order dated July 23, 1999 passed by the High Court Division in Civil Revision No. 2118 of 1993) Judgm......mined by a Hand Writing Expert and that trial Court arrived at the finding as to the genÂuineness of the Ekrarnama without paying any heed to the caution given by the superior court regarding giving decision on the genuineness of a document by making comparison of signaÂture upon resorting to the ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
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