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Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)
....i on an application under Article 102 of the Constitution of the People’s Republic of Bangladesh was issued calling upon the respondents to show cause as to why the judgment and order of conviction dated 28-9-1978 passed by Special Tribunal No. 3 and Additional Sessions Judge, Bogra convicting and......ting an Advocate to represent the accused and give him chance to cross-examine the witnesses examined in the case.” But we are not inclined to send back the case for retrial because we have already noticed that the Appellate Tribunal disbelieved the prosecution case and set aside the conviction an......e No. 38 of 1976 should not be declared to have been made without lawful authority and to be of no legal effect. 2. The petitioner’s case is that on 9-2-1975 one AK Mohammad Ali lodged a First Information Report with Bogra Police Station against 13 persons including the petitioner alleging, int..Category: Criminal Law | Date: | Hits: 79
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ssued at the instance of the petitioner Tamanna Steel Galvanizing Industry Limited calling upon the respondents to show cause as to why impugned judgment and decision of the National Board of Revenue dated 7-3-1992 rejecting the claim to refund of the sum of Tab 83,95,364.75 (Annexure-I) to the peti......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ...... authority and of to legal effect. 2. Rule in Writ Petition No.3071 of 1992 was issued at the instance of the petitioner MEB Steel Complex Limited calling upon the respondent to show cause in the aforesaid terms for rejecting petitioner’s claim for refund of Taka 63,67,503.00 vide similar order..Category: Fiscal/Taxation Law | Date: | Hits: 164
Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)
.... Petitioners. Nur Hossain Chowdhury, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Review Petition No. 145 of 2010. (From the judgment and order dated 12.03.2009 passed by this Division in Civil Petition for Leave to Appeal No.799 of 2008.) J......ntiff No.1 handed over possession of the suit land to his son, the plaintiff No.2 and since then the plaintiff No.2 had been possessing the suit land. That in April 1986 the defendant No.5 issued a notice to the plaintiff No.2 treating him as unauthorized occupier of the suit land. That the plai...... by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Review Petition No. 145 of 2010. (From the judgment and order dated 12.03.2009 passed by this Division in Civil Petition for Leave to Appeal No.799 of 2008.) Judgment Nazmun Ara Sultana J. - This is an application f..Category: Property Law | Date: | Hits: 58
Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)
....y Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.3. Not represented- For Respondent Nos. 2 & 4-9. Civil Petition for Leave to Appeal No. 463 of 2011. From the judgment and order dated 23.1.2011 passed by the High Court Division in Writ Petition No.9506 of 2010.) Judgment ......ding these 672 voters of Uttar Kistakathi is without jurisdiction. 7. On perusal of the aforesaid gazettes, we find that Uttar Kistakathi has not been included within Jhalokathi Pourashava. We notice that except the voter list, a khatian of J.L. No.137 along with the mouja map, some receipts ......-For Respondent No.1. M.K. Rahman, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.3. Not represented- For Respondent Nos. 2 & 4-9. Civil Petition for Leave to Appeal No. 463 of 2011. From the judgment and order dated 23.1.2011 passed by the Hi..Category: Election Law | Date: | Hits: 172
Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)
....93. Judgment Md. Hassan Ameen J. - This criminal appeal at the instance of the accused appellant Mizanur Rahman @ Mija @ Mizan is directed against the judgment, order of conviction and sentence dated 30‑6‑92 passed by the Assistant Sessions Judge, Pirojpur in Sessions Case No.49/91 arising...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ......ing to GR Case No.12/90. The learned Sessions Judge found the accused appellant guilty of the offence under sections 395/397 of the Penal Code and convicted him the rounder and sentenced to suffer RI for 7 years and a fine of Taka 5000.00, in default to suffer RI for another 1 year more. The learned..Category: Criminal Law | Date: | Hits: 80
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
.... Civil Revision No.1273 of 1995. Judgment M Bazlur Rahman Talukder J.- This revisional application under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 22-3-1995 passed by the District Judge, Mymensingh in Miscellaneous Appeal No.14 of 1995 allow......onal Secretary General on 12‑1‑1995 (b) fixing the date for bi‑annual elections on 6‑4‑1995 and (c) denying all knowledge of letters and correspondence which are not brought to the samity's notice. It has been stated in the petition that the last named resolution is a direct denial of the ......e is directed against the judgment and order dated 22-3-1995 passed by the District Judge, Mymensingh in Miscellaneous Appeal No.14 of 1995 allowing the prayer of the plaintiff opposite party Nos.1-2 for temporary injunction restraining the petitioners and opposite party No.3 (the Additional Secreta..Category: Civil Law | Date: | Hits: 85
Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)
....ner. BK Das, Advocate-For the Opposite Parties. Criminal Revision No.630 of 1981. Judgment Syed JR Mudassir Hussain J. - This revisional application arises out of the judgment and order dated 30‑5‑79 passed by the learned Subordinate Judge, 1st Court, Sylhet in Miscellaneous Appeal......Khatian No.554 and it constituted a residential homestead with adjuncts not connected with agriculture. The petitioner is a co-sharer in the case land and the opposite party No.1 is a stranger and no notice was served about the sale dated 5‑11‑69, as such, the petitioner is entitled to pre-empt ......the learned Subordinate Judge, 1st Court, Sylhet in Miscellaneous Appeal No.81 of 1977 passed by learned Munsif 1st Court, Sylhet in Miscellaneous Case No.76 of 1970 arising out of a an application for pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. 2. The facts leading ..Category: Property Law | Date: | Hits: 52
Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)
....ocate‑For the Opposite Party Nos. 1‑6. Civil Revision No.2197 of 1994. Judgment Kazi Ebadul Haque J.-This Rule at the instance of the plaintiff petitioner is against judgment and decree dated 16‑3‑94 passed by the Additional District Judge, 2nd Court, Khulna in Title Appeal No.130 ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ...... 2. Petitioner as well as opposite party Nos.7‑9 as plaintiffs filed Title Suit No.374 of I987 which was Subsequently re‑numbered as Title Suit No.5 of 1988 against the opposite party Nos. 1-6 for setting aside that decree dated 11‑6‑1991 passed in Rent Suit No.676 of 1941 and auction dat..Category: Property Law | Date: | Hits: 51
Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)
....Advocates–For the Appellants. S B Barua, Advocate‑ For the State. Criminal Appeal No. 522 of 1990. Judgment Md. Fazlul Haque J.- This appeal is directed against the judgment and order dated 5‑3‑1990 passed by the Additional Sessions Judge, 2nd Court, Mymensingh in Sessions Case N......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......s namely, Alaluddin @ Alauddin, Majibor Rahman and Sadir, and two others accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for life, and three other accused persons namely, Gopal Chandra Dey, A Rashid and Mirash were found ..Category: Criminal Law | Date: | Hits: 74
....he learned Advocate appearing for the petitioner, assails the detention of the detenu only on one ground submitting that the grounds of detention were not served on the detenu within 15 days from the date of his detention as enjoined by section 8(2) of the Special Powers Act, 1974 and, as such, his ......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 63.
......un Rana, was taken into custody in execution of an order of detention passed by the District Magistrate Dhaka on 2-5-95 under section 3(2) of the Special Powers Act, 1974 directing him to be detained for a period of 30 days, The grounds of detention were drawn up by the detaining authority on 16-5-9..
Category: Criminal Law | Date: | Hits: 105
Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)
....ocate‑For the Opposite Party. Civil Revision No.2771 of 1992. Judgment Syed JR Mudassir Husain J. - This Rule under section 115 of the Code of Civil Procedure is directed against the order dated 9‑7‑92 passed by the learned Assistant Judge, Saturia (Sadar) Manikganj in Title Suit No.6......3 of 1982 and the same was subsequently numbered as Title Suit No.6 of 1985 against the proforma opposite parties for partition. The suit was decreed ex‑parte in preliminary form on 14‑1‑87 and notice of final decree was issued upon them and the same is still pending. In the aforesaid Title Su...... 2. The facts giving rise to the Rule are that the plaintiff‑opposite party No.1 filed a Title Suit No.303 of 1982 and the same was subsequently numbered as Title Suit No.6 of 1985 against the proforma opposite parties for partition. The suit was decreed ex‑parte in preliminary form on 14‑1..Category: Property Law | Date: | Hits: 47
....nt No.4.
Writ Petition No.1067 of 1997.
Judgment
Md. Mozammel Hoque J.- This Rule was issued calling upon the respondents to show cause as to why the impugned Memo No. Sha. 15/2 Rabi-1/97/31 dated 16-2-97 purported to have been issued by Mr. Abdullah Harun Pasha, Secretary, Ministry of Educ......ajshahi University by the Chancellor by an order dated 22-8-94 vide Annexure-B to the writ petition. This order was communicated to the present petitioner by the Registrar of Rajshahi University by a notice dated 23-8-94 vide Annexure-C to the writ petition.
3. It is stated that after he was appo......e-Chancellor of Rajshahi University through the process of section 11 of Rajshahi University Act of 1973 (Act No. XXXVI of 1973) as a Member of Panel from which the Vice-Chancellor shall be appointed for a period of 4 years from the said panel. Three persons are to be nominated by the Senate on such..
Category: Employment/Service Law | Date: | Hits: 158
Bangladesh Agricultural Development Corporation Vs. Md. Abdur Rashid and others, 2012, 41 CLC (AD)
....ot represented - Respondents (In Civil Petition No. 78 of 2011). Civil Petition for Leave to Appeal Nos. 2101 of 2010 with 2171 of 2010; 2692 of 2010 and 78 of 2011 (From the judgment and order dated 6th July, 2010; 27th September, 2010 and 8th October, 2009; passed by the High Court Division ...... 2692 of 2010 on the following Grounds: “I. Because the leave petitioner having filed review petition for reviewing the judgment of the High Court Division and brought necessary material to the notice of the Court to show that the respondents of the instant leave petition had voluntarily retir......, instructed by Md. Aftab Hossain, Advocate on Record - For the Respondent (In Civil Petition No. 2692 of 2010). Not represented - Respondents (In Civil Petition No. 78 of 2011). Civil Petition for Leave to Appeal Nos. 2101 of 2010 with 2171 of 2010; 2692 of 2010 and 78 of 2011 (From the ju..Category: Employment/Service Law | Date: | Hits: 73
State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)
....i. Md. Wahidullah, Advocate on Record - For the Respondent No.1. Not represented - For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 57 of 2012 (From the judgment and order dated 5th December, 2011 passed by the High Court Division in Criminal Miscellaneous Case No.23523 o......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ......ted by Sufia Khatun, Advocate on Record - For the Petitioner. Mvi. Md. Wahidullah, Advocate on Record - For the Respondent No.1. Not represented - For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 57 of 2012 (From the judgment and order dated 5th December, 2011 passed b..Category: Criminal Law | Date: | Hits: 92
....ate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners.
Not represented-For the Respondents.
Civil Petition for Leave to Appeal No. 373 of 2009
(From the judgment and order dated 22.10.2008'passed by the High Court Division in Writ Petition No.2300 of 2003.)
Order
S......e 55(2) of the Chattagram Bandar Kartipakka Karmachari Chakuri Probidhanrnala, 1991 on the following among other grounds that the authority has no authority to terminate an employee without issuing a notice and that the said rule enables the writ respondents to exercise power arbitrarily against a......3 DLR (AD) 154.
Lawyers Involved:
Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners.
Not represented-For the Respondents.
Civil Petition for Leave to Appeal No. 373 of 2009
(From the judgment and order dated 22.10.2008'passed by the H..
Category: Employment/Service Law | Date: | Hits: 97
Government of Bangladesh Vs. Md. Golam Nabi, 2010, 39 CLC (AD)
....ahim Khalil, Advocate-on-Record-For the Petitioners. Mrs. Sujla Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.710 of 2009. (From the judgment and order dated 16.5.2001 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.172 of 1997.) ......ng him from the service. His case in short is that he was posted at Chakbazar Police outpost of Chittagong Metropolitan Police. While performing his duties diligently, he was served with a show cause notice making certain allegations under the Police Officers (Special Provision) Ordinance, 1976. In ......d: Rajik-Al-Jalil, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advocate-on-Record-For the Petitioners. Mrs. Sujla Khatun, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.710 of 2009. (From the judgment and order dated 16.5.2001 passed by the Ad..Category: Administrative Law | Date: | Hits: 163
Siddiqur Rahman and others Vs. Md. Monwar Hossain and others, 2011, 40 CLC (AD)
....ted by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-118. Civil Petition for Leave to Appeal No. 135 of 2010 (From the judgment and order dated 26.8.2009 passed by the High Court Division in Civil Revision No.248 of 2003.) Judgment ......order of the High Court Division in Civil Revision No. 248 of 2003. 2. According to the pre-emptors they are co-sharer tenants of the holding transferred to the pre-emptee respondent No.1 and no notice was served upon them about the transfer of the holding. They instituted the case under sectio......ord-For the Petitioners. Mahmudul Islam, Senior Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-118. Civil Petition for Leave to Appeal No. 135 of 2010 (From the judgment and order dated 26.8.2009 passed by the Hi..Category: Property Law | Date: | Hits: 72
Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)
.... by Md. Tanfiqul Hossain, Advocate-on-Record- For Respondent No.1. Not represented-For respondent Nos. 2-29. Civil Petition for Leave to Appeal No. 349 of 2010. (From the judgment and order dated 14.12.2009 passed by the High Court Division in Writ Petition No.5498 of 2009.) Order S......documents. It is contended on behalf of the petitioners that the High Court Division erred in law in interfering with the executive fiat and directed the petitioners to pay higher scale in failing to notice that the circular upon which the writ petitioners are claiming benefit is not at all applicab......ord-For the Petitioners: Aminul Hoque, Senior Advocate, instructed by Md. Tanfiqul Hossain, Advocate-on-Record- For Respondent No.1. Not represented-For respondent Nos. 2-29. Civil Petition for Leave to Appeal No. 349 of 2010. (From the judgment and order dated 14.12.2009 passed by the ..Category: Employment/Service Law | Date: | Hits: 94
A.M. Nurunnabi Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Attorney General-For the Respondent. Civil Petition for Leave to Appeal No. 1914 of 2009. (From the judgment and order dated 15.7.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.74 of 2004.) ......adud Bhuiyan, learned counsel appearing for the petitioner assailed the judgment on the ground that the Administrative Appellate Tribunal erred in law in interfering with the judgment in failing to notice that the Ministry of Establishment by its memo dated 1st July, 1982 recommended for promotion......yers Involved: Abdul Wadud Bhuiyun, Senior Advocate, instructed by Gias Uddin Ahmed, Advocate-on-Record-For the Petitioner. Mahbubey Alam, Attorney General-For the Respondent. Civil Petition for Leave to Appeal No. 1914 of 2009. (From the judgment and order dated 15.7.2009 passed by the ..Category: Administrative Law | Date: | Hits: 194
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
.... For the Petitioners. SS Halder with Rabindra Ghosh, Advocates - For the Opposite Parties. Civil Revision No. 287 of 1986. Judgment AM Mahmudur Rahman J.- This Rule arises out of an order dated 24.12.85 passed by the Subordinate Judge, Netrakona in Misc. Appeal No. 89 of 1984 affirming t......ction made is in the negative form the property of the violator of such order cannot be attached under the aforesaid rules. 4. On perusal of the judgment and the material on record I find that the notice of the temporary injunction upon the petitioner 1 was served on 31.7.81 in presence of attest......earned Munsif, Kendua Upazila dated 23.8.84 in Misc. Case No.115 of 1984. 2. Opposite parties filed an application under Order 39, rr. 1 and 2 CPC in Title Suit No.358 of 1981 which was instituted for permanent injunction in the Court of Munsif, Netrakona on various averments and the learned Muns..Category: Criminal Law | Date: | Hits: 90
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