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MD, Natore Sugar Mills Ltd, Natore & ors. Vs. Md. Mostafizur Rahman, 2008, 37 CLC (AD)

....endant-petitioners for a declaration that the letter dated 1.1.1998 of the  Deputy Chief Personnel Officer, Natore Sugar Mills, Natore is illegal, null and void and without jurisdiction with a prayer for mandatory injunction to allow him continue to work as Workshop  Superintendent alle.......K.M. Shahidul Huq, Advocate-on-Record- For the Petitioners. A.J. Mohammad Ali, Senior Advocate, instructed by Md. Abu Siddique Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 1503 of 2007. (From the judgment and order dated 22.5.2007 passed by......ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 655. ......ived at a correct decision. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 655. ..

Category: Employment/Service Law | Date: | Hits: 61

Mst. Renu Khatun and another Vs. Md. Enayet Hossain Mondal and others, 2006, 35 CLC (AD)

....99 dis­missing the same. The Miscellaneous case was filed under Order 9, Rule 13 of the Code of Civil Procedure seeking setting aside of the ex-parte order dated February 22, 1998 allowing the prayer for preemp­tion. The pre-emptee as against the order of the Court of Assistant Judge rej...... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-62. Civil Petition for Leave to Appeal No. 852 of 2005. (From the Judgment and Order dated February 1, 2005 pas......ment of the High Court Division calling for inter­ference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 651. ......ment of the High Court Division calling for inter­ference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 651. ..

Category: Civil Law | Date: | Hits: 89

Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)

....UK and the said transferee i.e. plaintiffs' predecessor submitted the deed of transfer, deed of agreement and deed of undertaking with the RAJUK on December 30, 1990 along with a petition with the prayer for muta­tion. The High Court Division also has noticed that after lapse of almost 5 yea......ondents Judgment August 28, 2006. Lawyers Involved: Md. Waliul Islam, Advocate-on-record-For the Petitioner. Not represented- Respondents. Civil Petition for Leave to Appeal No. 872 of 2005. (From the Judgment and Order dated April 19, 2005 passe......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ..

Category: Property Law | Date: | Hits: 30

Bangladesh Bank and another Vs. Administrative Appell­ate Tribunal, 1991, 20 CLC (AD)

....llow the rule as far as possible. But because of the appointment of 73 Officers, made during the pendency of respondent No. 3's earlier case in court, the Tribunal however rejected the applicant's prayer that the Bank be directed to follow the rule and give seniority to him over the seventy thre......he Respondent No. 3. (In Civil Petition No. 308 of 1991). Not Represented ‑ Respondent Nos. 1-2 & 4‑5. (In Civil Petition No. 308 of 1991). Civil Petition for Leave to Appeal Nos. 291 & 308 of 1991. (From the judgment and order dated 5th......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ..

Category: Administrative Law | Date: | Hits: 180

Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)

....onstitution and section 401(10) of the Code of Criminal Procedure remitted the unexpired portion of the sentence of the writ-petitioner-respondent. Subsequently, the writ-petitioner-respondent made a prayer to the President for return of his house at Gulshan upon receipt of Taka 50 lacs from him but......e) instructed by Md Nawab Ali, Advocate-on-Record—For the Respondent. Civil Appeal No.126 of 2000. (From the judgment and order dated 14th June, 2000 passed by this Division in civil petition for leave to Appeal No. 1243 of 1998). Judgment  Syed JR Mudassir Husain J.- This appeal ...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..

Category: Criminal Law | Date: | Hits: 37

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

....d. Thereafter the defendants filed an application under Order 9 Rule 13 read with the section 151 of the Code of Civil Procedure and thereupon the aforementioned Miscellaneous case was stated. The prayer for restoration of the original suit to its file and number was opposed by the plaintiff. Th......ex parte decree dated 12.12.1984. 2. Short facts are that the respondents predecessor filed Title Suit No. 208 of 1984 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka for declaration of title in the land described in the schedule of the plaint and for further declar......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..

Category: Property Law | Date: | Hits: 25

Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)

....99 of 1998 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 272 of 1987 in the court of Senior Assistant Judge, Barisal for a decree for partition with a prayer for declaration that the kabala dated 23.12.1920 in favour of the defendant is void stating,......e judgment and order dated 04.04.2004 passed by the High Court Division in Civil Revision No. 899 of 1998). Judgment       M. M. Ruhul Amin J.- This petition for leave to appeal is directed against the judgment and order dated 04.04.2004 passed by a Single ......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ..

Category: Property Law | Date: | Hits: 25

Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)

....angement and to the plaintiff is facing inconvenience and demanded partition form the defendants but the latter (defendants) refused on 15th Chaitra, 1381 B.S. and as such failed the suit with the prayer as above. 3. The defendant Nos.8 and 9 contested the suit by filing a written statem...... by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-18. Civil Petition for Leave to Appeal No. 218 of 2006. (From the judgment and order dated 30.07.2005 passed by......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ..

Category: Property Law | Date: | Hits: 26

Ministry of Information, BD Govt. & Others Vs. Jamuna Television Ltd & Others, 2008, 37 CLC (AD)

....cy & granting permission for importing machinery, he made huge investment. This assertion of the writ petitioner was not specifically denied by the contesting writ Respondents. The petitioner's prayer for reconsideration of charges for terrestrial system was also not considered although the ......n (Civil) Present: Md. Ruhul Amin CJ M.M. Ruhul Amin J Md. Tafazzul Islam J Md. Abdul Matin J Ministry of Information, Represented by its Secretary, Government of Bangladesh & Others……&hel...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ...... and circumstances of the case and in view of the discussions made above, both the leave petitions are dismissed. Ed. This Case is also Reported in: 2008 BLD (AD) 28. ..

Category: Information Technology Law | Date: | Hits: 321

Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....e of his relations to collect the papers regarding the property and left for United Kingdom on the 8th August, 2001. The petitioner again came to Bangladesh on the 15th January, 2002 and he made a prayer to the Deputy Commissioner, Sylhet on the 21st January, 2002 for release of the property fro...... Judgment October 29, 2007. Lawyers Involved: Sufia Khatun, Advocate-on-Record—For the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 536 of 2005. (From the judgment and order dated the 8th December, 20......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismis­sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismis­sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ..

Category: Property Law | Date: | Hits: 54

Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)

....patra relinquishing their claims in the suit land and that the defendants have no title or possession in the suit land. 3. After the institution of the suit on 10-6-2001 the plaintiff made a prayer for temporary injunction to restrain the defen­dants from dispossessing the plaintiffs f......ique, Advocate-on-Record— For the Respondent. Civil Review Petition No. 88 of 2005. (From the judgment and order dated 25th June, 2005 passed by this Division in Civil Petition for Leave to Appeal No. 329 of 2005). Judgment       &n......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..

Category: Property Law | Date: | Hits: 25

Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)

....tlement and thereupon discharg­ing the Rule. 8. We have heard the learned Counsel and perused the materials on record. The lear­ned Counsel tried to make out a case in support of the prayer for leave to appeal referring to the burial certificate and some other papers which are subs......olved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 880 of 2003. (From the Judgment and Order dated March 16,2003 passed...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..

Category: Property Law | Date: | Hits: 21

Abdur Rahman & Ors. Vs. Most. Rahimannessa and Ors., 2005, 34 CLC (AD)

....purchasers). As against that it was the contention of the pre-emptee that the seller on the very day of sale vacated the land and made over possession to him. 3. The trial Court allowed the prayer for pre­emption on the finding that the pre-emptors are co-sharers and that the Miscella...... Judgment October 27, 2005. Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners. Not represented - the Respondents. Civil Petition for Leave to Appeal No. 9 of 2004. (From the judgment dated May 21, 2003 passed by the High......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 171. ..

Category: Property Law | Date: | Hits: 21

Dr. S.M. Yunus Ali Vs. Joint District Judge and Artha Rin Adalat & another, 2007, 36 CLC (AD)

....er Order 26 rule 11 CPC for appointment of an Advocate Commissioner to examine the Accounts of the petitioner maintained with the plaintiff but the learned Joint District Judge, rejecting the said prayer, took up the suit for hearing on 25.7.2004, the date fixed, and by judgment and decree dated...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubar Rahman, Advocate on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 309 of 2005 (From the judgment and order dated 27.2.2005 passed by t......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ......on do not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 167. ..

Category: Civil Law | Date: | Hits: 91

Secretary, Zilla Parishad & Ors Vs. Md. Ali Ashraf Khan & ors., 2007, 36 CLC (AD)

....denying the allegations and contending amongst others that the suit land is vague and uncertain. 4. Mr. Muhammad Samsul Hoque, learned Advocate, appearing for the petitioner submits that the prayer for local investigation is seemingly innocent as observed in the impugned order but most da......or the Petitioners. Mahbubey Alam, Senior Advocate, instructed by Firoj Shah, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.1092 of 2004. (From the judgment and order dated 27.04.2004 passed by......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ......ance in the submissions of the learned Advocate for the petitioners. Accordingly, this application is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 159. ..

Category: Property Law | Date: | Hits: 26

Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)

....l for records from the Court of learned Magistrate, Brahmanbaria. Thereafter, the complainant respondent No.5 as petitioner filed Writ Petition No.1454 of 2005 before the High Court Division with a prayer for direction to respondent No-4 to proceed with the case and also to call for the records ......ges of the High Court Division, who disposed of the said writ petition with a direction. 2. Shortly stated facts are that the respondent No.5, Md. Abul Hossain alias Md. Hossain Mia as the informant lodged a First Information Report with the Nabinagar Police Station on 26-02-2002 against ......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ..

Category: Criminal Law | Date: | Hits: 31

Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)

....n Magistrate. An application praying for 5 days remand was prayed before the Magistrate, while the lawyer for the detenu made application praying for bail. The Metropolitan Magistrate rejected the prayer for bail and granted 2 days remand. This news has been reported in some national dailies, i.......volved: Golam Kibria, Deputy Attorney General, instruc­ted by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 30 of 2004 (From the judgment and order dated 16.9.2002 passed by th...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ..

Category: Criminal Law | Date: | Hits: 109

Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)

....ng Directorate on 2.10.1956. While serving as a Supervisor in Dhaka WASA he fell seriously ill and was absent from duty for a period of 2 years 10 days with effect from 1.10.1984. Subsequently on his prayer, the Chief Engineer, Public Health Department gave him a fresh appointment in a project as wo......eing a work-charged employee in a project the appellant is not entitled to get pension benefit without being a regular Government servant. 2. The appellant as the petitioner filed the A.T. Case before the Administrative Tribunal challenging the legality and propriety of the order dated 3.3.1994 ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..

Category: Administrative Law | Date: | Hits: 136

Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

....ant bank became that of master and servant from that date and therefore the petitioner is not entitled to get a decree for declaration without consequential relief; in the instant case there is no prayer for mandatory injunction for consequential relief; even if there is a prayer for mandatory i......k Ltd. vs. Md. Arab Ali 7 BLC (AD) 1. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 418 of 2005. (From the judgment dated 6.7.2004 by the High Court Div......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ..

Category: Employment/Service Law | Date: | Hits: 84

Abdul Huque and others Vs. State, 2007, 36 CLC (AD)

....rruption Act, 1947 and after investigation charge sheet was submitted against them and the Chief Metropolitan Magistrate, after receiving the charge sheet on 14.2.2000, the Court of Magistrate on the prayer of the prosecution issued warrant against all the accuseds and then on different dates the ac......……………………………………………….....Respondent (In all the cases) Judgment March 27, 2007. The Code of Criminal Procedure, 1898 (V of 1898), Section 561A Before taking cognizance of a case by the competent court or tribunal a proceeding there is no proceed......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ......n the decision of the High Court Division so as to call for interference. All these petitions are dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 63; 60 DLR (AD)(2008) 1. ..

Category: Anti-Corruption Laws | Date: | Hits: 152