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Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)

....Amin, J.- This petition for leave to appeal is directed against the judgment and order dated February 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 of 2001 making the Rule absolute and thereby decreeing the S.C.C. Suit No. 7 of 1993 of the Court of Senior Assistant J......lias Lalim........Petitioner. Vs. Md. Lokman Hossain being dead his legal heirs and Md. Abdul Latif and others. ...........................Respondents. Judgment 21 April 2004 Lawyers Involved: Herendra Nath Nandi, Advocate, instruct­ed by Md. Nawab Ali, Advocate-on-rec..

Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69

Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)

....ther, 1988 BLD 369; RAJUK Vs. MN Alam & others, 54 DLR 161 and Bangladesh Water Development Board Vs. Progati Prakushali 49 DLR 335. 20. Then, he submitted that as the award was already made Rule of the Court and a decree passed following die judgment, no appeal mould lie against such decre......ent of Andhra Pradesh, 4 SCC 93; Hashmat Ali Jamader Vs. Asmat Ali Jamader, 6 DLR 478; R. Sim & Co. Vs. Pakistand Industries Ltd., 8 DLR 305; Bangladesh Vs. Masriki Textile, 35 DLR (AD) 123. Lawyers Involved: MA Gaffar, Advocate- For the Appellant. Shafique Ahmed with ARM Shahidu..

Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3

Agrani Bank, rep. by the Chairman, BoD, & ors. Vs. Khandaker Badrudduza, 2004, 33 CLC (AD)

.... 14. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs.  Ed. ......ellip;………(13)  Cases Referred to-  Sonali Bank vs Ruhul Amin Khan 46 DLR (AD) 85: Union of India and another vs G Ganayutham AIR 1997 (SC) 3387. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali advocate̴..

Category: Administrative Law | Date: 6 Apr, 2004 | Hits: 130

Ananda Builders Ltd. Vs. Bangladesh Inland Water Transport Authority and others, 2004, 33 CLC (AD)

....us US$ 1,81,501 for realisation of the said amount. But the respondents have failed to take any steps for claiming the said amount from the World Bank. 3. The High Court Division discharged the Rule holding, inter alia, that the appellant has not entered into a contract with an International a......tract….(19) Cases Referred to- Sharping Matshyajibi Samabaya Samity Vs. Bangladesh 39 DLR (AD) 85; Bangladesh Power Development Board Vs. Md. Asaduzzaman Sikder 8 MLR (AD) 241. Lawyers involved: Rafique ul‑Huq, Senior Advocate, Abdur Razzaque, Senior Advocate with him, ins..

Category: Constitutional Law | Date: 6 Apr, 2004 | Hits: 215

Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)

....ause such petitions do require verification according to law. In this connection he refers to the provision of Order XXIII rule 3 read with Order VI rule 15 of the Code of Civil Procedure and also to Rules 17 and 19 of Civil Rules and Orders (CRO) Volume 1 and section XVI of the Manual of Civil Suit......r the appeal a fresh after obtaining report from the hand-writing expert as to execution of the document in question……………………(8 & 9) Lawyers Involved: Rafique‑ul‑Huq, Senior Advocate, (MI Farooqui, Advocate with hi..

Category: Property Law | Date: 5 Apr, 2004 | Hits: 103

Sec. Min. of Law, Justice & Par. Affairs & ors. Vs. Md. Borhan Uddin and ors., 2004, 33 CLC (AD)

....fessional reputation has been stigmatised without affording him an opportunity to repel alleged complaint which said to have been received against him and that without hearing him.  The Rule was contested by filing affidavit‑in­-opposition by the writ‑respondent Nos. 1...... Supreme Court  Appellate Division (Civil)  Present: Md. Ruhul Amin J MM Ruhul Amin J Md Tafazzul Islam J Secretary, Ministry of Law, Justice and Parliamentary Affairs and others .......Appellants Vs. Md. Borhan Ud..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 201

SM Jillur Rahman Vs. Bangladesh and ors., 2004, 33 CLC (AD)

....  Md. Ruhul Amin J.- This appeal by leave is against the judgment and order dated June 29, 1999 of a Division Bench of the High Court Division passed in Writ Petition No. 2982 discharging the Rule holding "the petitioner has no locus standi”.  2. Facts, in short, are ......y be considered legally well conceived” and such person is not competent to question the legality of such action……………………(8)  Lawyers Involved:  Md. Mujibur Rahman, Senior Advocate, instructed by Ataur Rahman Kha..

Category: Constitutional Law | Date: 5 Apr, 2004 | Hits: 259

Shakawat Hassan Vs. State, 2004, 33 CLC (HCD)

.... This Case is also Reported in: 57 DLR (2005) 244.                         ......  April 4, 2004. Result: The Application is disposed of. Case Referred to- Abdul Wadud Vs. State, 48 DLR 599.          Lawyers Involved: SM Rezaul Karim, Advocate-For the Petitioner.     &n..

Category: Criminal Law | Date: 4 Apr, 2004 | Hits: 1

Alauddin Sikder (Md) & anr. Vs. BD and ors., 2004, 33 CLC (AD)

....y J.- The two petitioners seek leave to appeal against the order dated 11‑2‑2004 passed by a Division Bench of the High Court Division in Writ Petition No. 3939 of 2003 discharging the Rule.  2. The facts leading to the leave petition are that the petitioner No.1 being th......ation Authority of Bangladesh vs. Kazi Abdur Rouf and others 46 DLR (AD) 145; Board of Intermediate and Secondary Education and others vs. Md. Faizur Rahman and others 51 DLR (AD) 59.  Lawyers Involved:  Prabir Halder, Advocate, (appeared with the leave of the Court) ins..

Category: Constitutional Law | Date: 31 Mar, 2004 | Hits: 213

Bangladesh Vs. Md. Amjad Ali Mridha & ors., 2004, 33 CLC (AD)

....vision seeking quashing of the proceedings of the Special Cases. 5. The High Court Division heard the revision cases and the criminal miscellaneous case together and by a common judgment made the Rules absolute and quashed and the proceedings of the special cases upon observing that first inform......r vs. State 30 DLR 237; Maklesur Rahman vs. State 35 DLR 72 and Md. Mosharaf Hossain and others vs. State 1990 BLD I 10 = 42 DLR 213. Md Abul Hossain vs. State, 1999 BLD (AD) 97 = 4 BLC (AD) 122. Lawyers Involved: Abdur Razzaque Khan, Additional Attorney‑ General, instructed by Md. Amir Ho..

Category: Anti-Corruption Laws | Date: 30 Mar, 2004 | Hits: 74

Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)

.... submissions and the grounds taken in this review petition, maintained the conviction and sentence.  13. Review under Order XXVI of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 is subject to the law and practice of the Court. The Court may of its own motion or on ......ber, Labour Appellate Tribunal, Dhaka and others 52 DLR (AD) 160; Zulfikar Ali Bhutto vs State PLD 1979 SC 741 and Ekushey Television Ltd vs Dr Chowdhury Mahmood Hasan 55 DLR (AD) 26.  Lawyers Involved:  Abdul Malek, Senior Advocate, AKM Shafiqul Alam, Advocate with him),..

Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332

Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)

....n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed.......the bianapatra with available authenticated signature of the defendant. Therefore The High Court Division was in error in sending the case back on remand for the same purpose to the trial court. Lawyers Involved: ASM Khalequzzaman, Advocate‑on‑Record ‑ For the Appellant. M I Farooq..

Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106

BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)

....sp;   Amirul Kabir Chowdhury J.- This appeal by leave is directed against the judgment of the High Court Division dated 13‑8‑1998 in Writ Petition No. 1805 of 1995 making the Rule absolute, setting aside the decision of the Labour Court, Dhaka.  2. Leave was gra......or prejudicial to the interest of the worker unless such intention is clearly spell out or manifested in the statute………………….(8 & 11)  Lawyers Involved: Md. Nowab Ali, Advocate‑on‑Record‑For the Appellant. ..

Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99

Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)

....ng but the said proceeding having been taken in violation of section 13(3) of the Ordinance, the same got no legal value. It was also the contention of the petitioner that in any view of the matter Rules 11 and 12 of the Pourashava Commissioners and Chairman (Resignation, Removal  and Vacati...... The matters in Article 9 of the constitution are the policy matters of the Republic for the attainment thereof endeavour shall have to be made by the state to fulfill the same.  Lawyers Involved: TH Khan, Senior Advocate instructed by AKM Shahidul Huq, Advocate-on-Record..

Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269

Chittagong City Corporation, represented by its Mayor and 3 others Vs. Md. Afzal Hossain and others, 2004, 33 CLC (HCD)

....Mayor and 3 others............Petitioners Vs. Md. Afzal Hossain and others ..............................................Respondents Judgment March 14, 2004. Result: The Rule is made absolute. The judgment and order was passed illegally and without lawful authority......rporation of the City of Nagpur Vs. Its employees, AIR 1960 (SC) 675; Bangalore Water Supply and Sewerage Board Vs. Rajappa, AIR 1978 (SC) 548; AIR 1963 SC 1873; AIR 1953 SC 58; AIR 1961 SC 484. Lawyers involved: Maqbul Ahmed, Advocate- For the Petitioners. Nesar Ahmed with BA Rashid,..

Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4

Jahangir Alam (Md) alias Zakir Vs. State, 2004, 33 CLC (AD)

.... appeal has been directed against the judgment and order dated 5th November, 2002 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No. 1783 of 1997 discharging the Rule by affirming the judgment and order of, conviction and sentence dated 14‑6‑1995 passed by t......the ends of justice conviction under section 4 of the Anti-Terrorism Act is upheld but the sentence of rigorous imprisonment for life is modified to 10 years rigorous imprisonment with fine.  Lawyers Involved: Md. Khurshid Alam Khan, Advocate, (appeared with the leave of the Court), instr..

Category: Criminal Law | Date: 9 Mar, 2004 | Hits: 93

Akram Hossain (Md.) Vs. Sahera Khatun and others, 2004, 33 CLC (HCD)

....J Akram Hossain (Md.)................................Petitioner Vs. Sahera Khatun and others.........................Respondents Judgment March 8, 2004. Result: The Rule is discharged. Whether or not the oral contract as claimed by the plaintiff is genuine and......td. Vs. Nitai Chand Saha and others, 3 BCR (AD) 221; Nurul Islam and others Vs. Jamila Khatun and others, 53 DLR (AD) 45; Mohammad Abdul Mannan Vs. Swaraj Roy and others, 8 MLR 302 = 54 DLR 352. Lawyers Involved: Mahbubey Alam with Samarandra Nath Biswas, Advocates‑ For the Petitioner. ..

Category: Contract Law | Date: 8 Mar, 2004 | Hits: 5

Ataur Rahman (Md.) another Vs. Edruc Limited, 2004, 33 CLC (HCD)

....tainable and are therefore, liable to be dismissed. In the result, the applications are dismissed without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 337. ......M Ramanathan Chettiar Vs. OR MP RM Ramanathan Chettiar, 1968 SC 1047 at 1049; Sahadeo Sukul and others Vs. Seikh Shawkat Hossain, 12 CWN 145 at 146; Re Welsh Brick Industries Ltd., 1946 2 All England Law Reports, page 197; Ram Lal Vs. Central Bank of India, AIR 1961 Punj. 340 at 344, 349; Varjivanda..

Category: Company Law | Date: 3 Mar, 2004 | Hits: 8

State Vs. Md. Abu Taber, 2004, 33 CLC (HCD)

....inding on the basis of the evidence to be available with the record. The office is directed to transmit the case record at once. Ed. This Case is also Reported in: 56 DLR (2004) 556. ...... Judgment March 1, 2004. Result: The death reference is rejected & Jail appeal is allowed. Cases referred to- State Vs. Bahar Miah, Death Reference No. 3 of 2002. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General with Mohammed Baset, Assistant Attor..

Category: Women and Children | Date: 1 Mar, 2004 | Hits: 164

Govt. of BD. rep. by Sec., Min. of Post, T&T & ors. Vs. Abul Khair, 2004, 33 CLC (AD)

....gment February 23, 2004. The Administrative Tribunals Act, 1981 (VII of 1981), Section 4   The Government Servants (Discipline and Appeal) Rules, 1985, Rules 7 and 10   Natural Justice   The authority......imposing any punishment upon a delinquent staff has a duty to see that he has been dealt with in accordance with law and following the principles of natural justice….(7)   Lawyers Involved:  Mvi. Md. Wahidullah, Advocate‑on‑Record‑For the Pet..

Category: Administrative Law | Date: 23 Feb, 2004 | Hits: 125