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....by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2
Not represented- For Respondent Nos.1 & 3.
Civil Petition for Leave to Appeal No.159 of 2011.
(From the judgment and order dated 29th November, 2010 passed by the High Court Division in Writ Petition No.4379 of 2007)
Jud......er of the land was changed either to commercial or residential use. Recently some interested persons wanting to obtain lease of the disputed land influenced the Divisional Estate Officer who issued a notice on 25.01.2007 canceling the license of the petitioners on the allegation that they have const......te-on-Record-For the Petitioners.
Dr. Naim, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For Respondent No.2
Not represented- For Respondent Nos.1 & 3.
Civil Petition for Leave to Appeal No.159 of 2011.
(From the judgment and order dated 29th November, 2010 passed..
Category: Property Law | Date: | Hits: 69
Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)
.... A. K. M Zahirul Haque, Additional Attorney General, instructed by Md. Musfiqur Rahman, Advocate-on-Record-For the Respondent. Criminal Appeal No. 47 of 2009. (From the judgment and order dated 3.3.2008 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judgment&n......M. Aminul Islam, the learned Counsel appearing for the appellant contended that the learned Judges of the High Court Division erred in law in maintaining the conviction of the appellant in failing to notice that the appellant was taken on police remand for 3 days on 5th July, 1992 and his confession......8 passed by the High Court Division in Criminal Appeal No.2931 of 2001.) Judgment Surendra Kumar Sinha J.- Appellant Abdul Mannan Bhuiyan along with nine other accused was put on trial before the learned Assistant Sessions Judge, 1st Court, Comilla to face charges under sections 395/397..Category: Criminal Law | Date: | Hits: 100
Monir Hossain Vs. State, 2012, 41 CLC (AD)
.... cases.) Not Represented-For the Respondent (In both the cases.) Criminal Petition for Leave to Appeal No. 332 of 2009 with Jail Petition No. 6 of 2009. (From the judgment and order dated 25.5.2007 passed by the High Court Division in Death Reference No.142 of 2003 with Criminal Ap......the witnesses and other connected materials and submits that the High Court Division committed a fundamental error in attributing the petitioner as the principal assailant of the victim in failing to notice that the consistent evidence on record is that Asgar inflicted the fatal injury on the top of......represented by the Deputy Commissioner, Manikgonj………Respondent (In both the cases) Judgment January 9, 2012. Result: The death sentence of the petitioner is commuted to imprisonment for life. Lawyers Involved: A.K. Badrul Huq, Senior Advocate (with Mansurul Huq Chowdhury, Se..Category: Criminal Law | Date: | Hits: 95
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....sain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 440 of 2009. (From the judgment and order dated 10.8.2009 passed by the High Court Division in Criminal Appeal No.1628 of 1996.) Order S......nception of law held that the witnesses did not say anything about the misappropriation against the accused-respondent and that the recipient also did not make any complaint against him in failing to notice that pursuant to the complaint of the recipient, an inquiry was conducted wherein the accused......ed: Goutam Kumar Roy, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record- For the Petitioner. Md. Mazibur Rahman, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 440 of 2009. (From the judgment and order dated 10.8.2009 passed by the ..Category: Criminal Law | Date: | Hits: 77
Most. Anwara Khatun Vs. Md. Ensab Ali Akand, 2012, 41 CLC (AD)
....ner. Jamiruddin Sircar, Senior Advocate, instructed by Md. Mojibur Rahman, Advocate-on-Record- For Respondent. Civil Petition for Leave to Appeal No.271 of 2010. (From the judgment and order dated 14th December, 2009 passed by the High Court Division in Civil Revision No.651 of 2006) Ord......nd peacefully by rearing fish and planting different trees in the southern part of the suit land; that while the plaintiff was possessing the remaining 2.27 acres of land, all of a sudden he received notice of Miscellaneous Case No.80 of 2001 of the office of Assistant Commissioner (Land) Tarash and......ate instructed by Zainul Abedin, Advocate-on-Record- For the Petitioner. Jamiruddin Sircar, Senior Advocate, instructed by Md. Mojibur Rahman, Advocate-on-Record- For Respondent. Civil Petition for Leave to Appeal No.271 of 2010. (From the judgment and order dated 14th December, 2009 passed..Category: Property Law | Date: | Hits: 66
Biman Bangladesh Airlines Limited and others Vs. Md. Moniruzzaman and others, 2011, 40 CLC (AD)
.... Abedin, Advocate-on-Record-For Appellants. Moniruzzaman, in person-For Respondent No.1 None represented-For Respondent Nos.2. Civil Appeal No. 106 of 2011. (From the Judgment and Order dated the 18th day of March, 2010 passed by the High Court Division in Writ Petition No.4480 of 2009......a being BLL Case No.151 of 2007 challenging the legality and validity of the order of termination. During pendency of the said case, the instant writ petition was filed. The writ-petitioner was given notice to receive payment in lieu of statutory notice of termination. Biman Bangladesh Airlines is a......h, 2010 passed by a Division Bench of the High Court Division in Writ Petition No. 4480 of 2009 making the Rule absolute. 2. Respondent No.1 as petitioner filed the above mentioned writ petition before the High Court Division challenging the vires of regulation 52(1) of the Bangladesh Biman Corpo..Category: Employment/Service Law | Date: | Hits: 111
Government of Bangladesh and others Vs. Abdul Motaleb & others, 2011, 40 CLC (HCD)
....l the appeals). Not represented-Respondent Nos.3-4, 6-7, 14-15, 21, 23-25, 30, 39, 42, 43, 45- 50, 52-65. (In all the appeals). Civil Appeal Nos. 185-87 of 2004. (From the Judgment and Order dated 23-7-2002 passed by the High Court Division in Civil Revision Nos.3863, 4612 and 4613 of 1998)...... based on proper appreciation of laws and facts. Accordingly, all the 3 (three) appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 50. ......isposed of by this common judgment as they facts. 3. The facts, leading to the filing of these appeals, in short, are that Abdul Motaleb and 36 others as the plaintiffs instituted the instant suit for declaration of their title in the suit land described in the schedule to the plaint. The land co..Category: Property Law | Date: | Hits: 67
....te, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2.
Not represented—Respondent No.1.
Criminal Petition for Leave to Appeal No.349 of 2010.
(From the Judgment and Order dated 16-05-2010 passed by the High Court Division in Criminal Miscellaneous Case No.8044 of 2007).
...... out of the record.
Accordingly, we do not find any merit whatsoever in this criminal petition for leave to appeal which is dismissed.
Ed.
This Case is also Reported in: 17 BLC (AD) (2012) 44.......cate-on-Record—For the Petitioners.
Mohammed Ali Akanda, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.2.
Not represented—Respondent No.1.
Criminal Petition for Leave to Appeal No.349 of 2010.
(From the Judgment and Order dated 16-05-2010 passed by the H..
Category: Criminal Law | Date: | Hits: 85
Government of the People's Republic of Bangladesh Vs. Nasirur Rahman, 2011, 40 CLC (AD)
....ve to Appeal No.1536 of 2011. Judgment Md. Abdul Wahhab Miah J.- In this petition for leave to appeal, the writ respondent-petitioners are seeking leave to appeal against the judgment and order dated the 12th day of December, 2010 passed by a Division Bench of the High Court Division in Writ P......document was available as to why the post of Deputy Project Director was not retained in the 2nd Phase of the project and the petitioner was released from his service without issuing ‘one month’s notice or making payment of one month's salary’ as required by the terms and conditions of his app...... of. Lawyers Involved: Mahbubey Alam, Attorney General instructed by M. Wali-ul-Islam, Advocate-on-Record-For the Petitioners. Nasirur Rahman, in person-For the Respondent. Civil Petition for Leave to Appeal No.1536 of 2011. Judgment Md. Abdul Wahhab Miah J.- In this petition for l..Category: Employment/Service Law | Date: | Hits: 119
Government of Bangladesh and Others Vs. Md. Mosharraf Hossain, 2011, 40 CLC (AD)
.... Judgment Md. Abdul Wahhab Miah J. - Delay of 154 days in filing the petition for leave to appeal is condoned. 2. This petition for leave to appeal is directed against the judgment and order dated the 7th day of January, 2010 passed by the High Court Division in Writ Petition No.3354 of 200......Supreme Court of Bangladesh by the Ministry of Law, Justice and Parliamentary Affairs vide its Memo No. বিচার-২/১ই-১৬/২০০৮/৩১৮ dated 20.04.2009. In such situation, a notice demanding Justice was issued on 11.05.2009 to the respondents through the petitioner's learne......, Advocate-on-Record- For the petitioners. Md. Khurshid Alam Khan, Advocate with Ehsan A. Siddiq, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Rspondent No.1. Civil Petition for Leave to Appeal No.1248 of 2010. Judgment Md. Abdul Wahhab Miah J. - Delay of 154 days in ..Category: Employment/Service Law | Date: | Hits: 127
Government of Bangladesh and Others Vs. Himangshu Ranjan Pal, 2011, 40 CLC (AD)
.... his lawyer requesting the authority to inform the petitioner about the real state of fact in respect of his service condition. Then the school authority intimated the petitioner's Advocate by letter dated 31.1.1995 that the petitioner was dismissed from service by order dated 21.11.1994. Said Advoc......tion seeking redress but got no response. He once again filed representation but he was not favoured with any reply. 5. In view of the above situation the petitioner was compelled to serve legal notice through his lawyer requesting the authority to inform the petitioner about the real state of ......ty Attorney General, Instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Mahbub Ali, Advocate, Instructed by Ms. Shirin Afroz, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 2356 of 2009. Judgment Md. Shamsul Huda J. - The instant Civil Petitio..Category: Administrative Law | Date: | Hits: 240
Rajdhani Unnayan Katripakkha (RAJUK) Vs. A.K.M. Abdul Hakim and Others, 2010, 39 CLC (AD)
....represented-Respondent Nos. 2-8 Civil Petition for Leave to Appeal No.2186 of 2009. Judgment Md. Abdul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 04.08.2008 passed by the High Court Division in Writ Petition No. 6642 of 2008 making the Rule......4. The petitioner RAJUK by letter dated 03.03.2008 informed the respondents that without a succession certificate it is not possible to consider their application. 5. The writ petitioners served a notice demanding justice upon the writ respondents on 13.08.2008, but received no communication and ......dvocate-on-Record-For the Petitioners. Kamrul-ul-Alam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-8 Civil Petition for Leave to Appeal No.2186 of 2009. Judgment Md. Abdul Matin J. - This petition for leave to ..Category: Civil Law | Date: | Hits: 76
State Vs. Dafader Marfoth Ali Shah and another, 2011, 40 CLC (AD)
.... with Amit Talukder, Assistant Attorney General- For the Petitioner. Not Represented- For the Respondent. Criminal Petition for Leave to Appeal No. 316 of 2009. (From the judgment and order dated 28.8.2008 passed by the High Court Division in Death Reference No.150 of 2004 with Criminal Ap......W.3), asked Mr. Kazi Abdul Awal, D.I.G.(Prisons) (P.W.1) to come to the Jail gate on emergency basis. Upon arrival at the Jail gate Kazi Abdul Awal took his seat at the office of the IG (Prisons) and noticed there that the I.G. (Prisons) had been receiving various telephone calls. Sometimes thereaft......ey General, with Mrs. Fazilatunnesa Bappy, Assistant Attorney General, with Amit Talukder, Assistant Attorney General- For the Petitioner. Not Represented- For the Respondent. Criminal Petition for Leave to Appeal No. 316 of 2009. (From the judgment and order dated 28.8.2008 passed by the ..Category: Criminal Law | Date: | Hits: 191
....ucted by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner.
None Represented-For the Respondents.
Civil Petition for Leave to Appeal No. 896 of 2009.
(From the Judgment and Order dated the 25th day of November, 2008 passed by the High Court Division in Writ Petition Nos. 4535, 4......3. The case of the writ-petitioner as made out in the writ petition was that respondent No.3, Assistant Commissioner of Customs, Excise & VAT, Siddirganj Division, Narayanganj served a show cause notice upon it bearing Nothi No. 3/A(340) oniom/JMS Glass/2005/1907 (5-1), dated 23-10-2005 demandin......on is dismissed.
Lawyers Involved:
Nahid Mahtab, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner.
None Represented-For the Respondents.
Civil Petition for Leave to Appeal No. 896 of 2009.
(From the Judgment and Order dated the 25th day of November,..
Category: Fiscal/Taxation Law | Date: | Hits: 130
Abdus Sattar Bhuiyan Vs. Abdur Razzaque and another, 2011, 40 CLC (HCD)
.... with Civil Rule No. 68 (First Miscellaneous) of 2010. Judgment Md. Ruhul Quddus J. - This First Miscellaneous Appeal at the instance of the substituted plaintiffs is directed against order dated 4.11.2009 passed by the Joint District Judge, fourth Court, Dhaka in Title Suit No.183 of 2......temporary injunction restraining the defendants from entering into the suit land and disturbing him in his possession thereon. On the said application for temporary injunction, the trial Court issued notice upon the defendants. As they failed to appear, the learned Judge by order dated 24.7.2008 all......t the instance of the substituted plaintiffs is directed against order dated 4.11.2009 passed by the Joint District Judge, fourth Court, Dhaka in Title Suit No.183 of 2006 rejecting an application for temporary injunction filed by the plaintiff under Order XXXIX, rule 1 of the Code of Civil Proce..Category: Civil Law | Date: | Hits: 67
Ramjan Ali Mistry Vs. Md. Hedayelullah, 1978, 7 CLC (AD)
....ocate on Record - For the Appellant. B.B. Roy Chowdhury, Advocate, instructed by S.M. Huq, Advocate on Record - For the Respondent. Civil Appeal No. 85 of 1977. (From the Judgment and Order dated 16-11-3976 passed by the High Court in Civil Revision Case No.850 of 1975.) Judgment Kem...... the following month, according to Bengali Calendar. The tenant paid rent upto Bhadra, 1380 B.S. and thereafter he defaulted in payment of rent from Aswin, 1380 B.S. The landlord accordingly served a notice under section 106 of the Transfer of Property Act, terminating the tenancy. The defence was......erein it has been held that the point of default that is to be decided by the Court, is whether the tenant has paid rents allowable under the Act to the full extent at the time of the decree or order for ejectment is made and not an earlier date. Reference is to be made to the cases of Ananda Sundar..Category: Property Law | Date: | Hits: 87
M/S Pak Jute Mills Ltd. Vs. Income Tax Officer and another, 1978, 7 CLC (AD)
....ecord - For the Appellant. Mozammel Huq Bhuiyan, Advocate, instructed by S. S. Hoda, Advocate-on-Record - For the Respondents. Civil Appeal No. 32 of 1978. (From the Judgment & Order dated 24.2.77 passed by the High Court in Writ petition No. 205 of 1971) Judgment Badrul Haide......ere the rate of surcharge has been detailed. This point also fails. In the result, therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 178. ...... took objection to the tax on the constitutional ground. The objection was raised as to the levy of Cyclone Relief Surcharge under Ordinance I of 1971. The petitioner ultimately filed writ petition before the High Court which dismissed the petition. 4. Two questions were raised before the High Co..Category: Fiscal/Taxation Law | Date: | Hits: 131
Zaminur Rahman & others Vs. Bangladesh & others, 1978, 7 CLC (AD)
....with M. Nurullah, Advocate, instructed by S.M. Huq, Advocate-on-Record - For the Respondents. No.2. Exparte - For the Respondent No.3. Civil Appeal No. 36 of 1977. (From the Judgment and Order dated the 2nd August, 1976 passed by the High Court Division in Writ Petition No.416 of 1976.) Ju......y be necessary for supervision of the Octroi post and to render assistance, if so required by the lessee. On 7.8.76 the Administrator of Dacca Paurashava, respondent No.2 published a public auction notice, in the newspaper for holding auction for lease of all the Octroi posts under Dacca Paurash......ngladesh & others……………………Respondents Judgment August 21, 1978. Result: The appeal is dismissed. Cases Referred to- Burmah Oil Company Limited Vs. The Trustees for the Port of Chittagong (1962) 14 DLR (SC) 106; PLD 1961 S.C. 452; Matthews Vs. Chicory Markeling..Category: Fiscal/Taxation Law | Date: | Hits: 112
Mullick Brothers Vs. Income Tax Officer and another, 1978, 7 CLC (HCD)
....ecord - For the Appellants. Mozammel Haque Bhuiyan, Advocate, instructed by S. S. Huda, Advocate-on-Record - For the Respondents. Civil Appeal No.108 of 1978. (From the judgment and order dated the 6th May, 1977 passed by the High Court of Bangladesh in Writ Petition No.486 of 1974). ......ith the said Central Board of Revenue now the Revenue Department of the Government of the People’s Republic of Bangladesh. 4. Meanwhile, the said Income Tax Officer respondent No.1 issued, a notice being No.1207/101/421 dated 31.1.74 and demanded payment of Super Tax which remained outsta......ecial leave is from the Judgment and order of the High Court passed in Writ Petition No.488 of 1974. 2. The appellant is a registered Partnership firm declared an excess income of Tk. 1,40,000/- for 9 assessment years beginning from the year 1960-61 in terms of Martial Law Regulation No.32 of 1..Category: Fiscal/Taxation Law | Date: | Hits: 122
Sonali Bank Vs. Mozaffor Hossain, 1997, 26 CLC (HCD)
....ff approaching this Court in an application under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 23-3-1988 passed by the learned Subordinate Judge, First Court, Barisal, in Miscellaneous Case......till the date of ex-parte decree awarded in, favour of the plaintiff-Bank. It appears that the plaint was registered on 2-2-1978. The defendant did not appear in the suit inspite of proper service of notice upon him. The Court, ultimately, fixed 19-8-1978 for ex parte disposal. On that date, the def......ed in: 50 DLR (HCD) (1998) 174. ..Category: Procedural Law | Date: | Hits: 80
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