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Chairman, BD Freedom Fighters Welfare Trust & ors Vs. Mominul Haque Bhuiyan & ors, 2008, 37 CLC (AD)
....rt Appellate Division (Civil) Present: Md. Ruhul Amin CJ MM Ruhul Amin J Md. Abdul Matin J Chairman, Bangladesh Freedom Fighters Welfare Trust and others......Petitioners Vs. Mominul Haque Bhuiyan and others....................R......he decision to cancel the list, earlier prepared, containing the names of the Freedom Fighters who have figured in the respective writ petitions as petitioners since their names were listed without proper verification and that also made decision to stop payment of Honorarium since some of th..Category: Civil Law | Date: | Hits: 126
State Vs. Nurul Amin, 2006, 35 CLC (AD)
....-General, instructed by Sufia Khatun, Advocate-on-Record—For the Appellant. Nurul Islam Bhuiyan, Advocate-on-Record—For the Respondent. Criminal Appeal No. 45 of 2009. (From the judgment and order dated 17-11-2000 passed by the High Court Division in Criminal Appeal No.1495 of 1994. ......rt Division did not discuss evidence produced by the prosecution though sixteen witnesses were examined and that the High Court Division committed error in acquitting the accused respondent without proper analysis of the evidence on record or assigning any new reason though the witnesses corrobo..Category: Anti-Corruption Laws | Date: | Hits: 173
Abu Taher Vs. Bangladesh, 2008, 37 CLC (AD)
.... Ibrahim Khalil, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent No. 2. Civil Petition for Leave to Appeal No. 1527 of 2006. (From the judgment and order dated 15-5-2006 passed by the High Court Division in Writ Petition No. 848(B) of 2002). ......der dated 12-3-1994 of the 1st Court of Settlement passed in Settlement Case No. 920 of 1987(Kha), Dhaka allowing the above case and excluding House No. U/44, Block-D, Mohammadpur, Dhaka, the case property, from the "Kha" list of abandoned buildings. 2. Facts, in brief, are that..Category: Property Law | Date: | Hits: 29
Anti-Corruption Commission and others Vs. Mahmud Hossain and others, 2008, 37 CLC (AD)
....te Division (Civil) Present: Md. Ruhul Amin CJ Md. Fazlul Karim J MM Ruhul Amin J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission and others……………Appellants Vs. Mahmud Hossain and others………………………......isoner who is a fugitive from law. The appeal filed by the Counsel on the basis of the power-of-attorney executed by Gul Hassan in favour of Khawaja Muhammad Khan before his absconsion was thus not properly constituted and should have been dismissed by the High Court Division on that ground alon..Category: Anti-Corruption Laws | Date: | Hits: 139
Md. Khalilur Rahman Vs. Md. Alam Bepari and Others, 2008, 37 CLC (AD)
....ivision (Civil) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Md. Khalilur Rahman………………………………..Petitioner Vs. Md. Alam Bepari and Others……………………..Respondents Judgment May 20, 2008. Lawyers Involved: ...... the election petition examined 4 O.P.Ws the petitioner or the election petition filed an application on 07.07.2004 for recounting of ballot papers on the ground that the petitioner has established a proper foundation for recounting of ballot papers. The respondent No.1 of the election petition seri..Category: Election Law | Date: | Hits: 159
Bangladesh Agriculture Development Corporation Vs. Zinnatul Hossain and others, 2006, 35 CLC (AD)
.... Syed JR Mudassir Husain CJ Md. Ruhul Amin J M.M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Agriculture Development Corporation. .............. Petitioner Vs. Zinnatul Hossain and others...........................................Respondents Judgment August 8, 2006. ......8. Mr. Sobhan, having pointed out the aforesaid aspects of the case, argued that the learned Judges of the High Court Division committed an error of law in declaring said office order illegal without proper application of judicial mind. His submission was that the conduct of the respondent No. 2 com..Category: Employment/Service Law | Date: | Hits: 87
Babul Ahmed and others Vs. Government of Bangladesh and others, 2008, 37 CLC (AD)
....Alauddin.................Petitioner (In Civil Petition No. 1083 of 2007) Jalaluddin.............. Petitioner (In Civil Petition No. 1084 of 2007) Vs. Government of Bangladesh and others..............Respondents (In all the cases) Judgment February 20, 2008. ...... Petition No. 5674 of 2005 and that by Notification dated 13.5.2004 by inserting new Rule 55B in the Mines and Minerals Rules, 1968, new administrative systems have been established providing proper checks and balance in leasing out the quarries and that in clause 1 of the agreement fo..Category: Others | Date: | Hits: 101
Md. Zakir Hossain and others Vs. Bangladesh, 2007, 36 CLC (AD)
.... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Zakir Hossain and others ................Petitioners Vs. Secretary, Ministry of Power, Energy and ......eld that the above submission is also without any basis inasmuch as the scheme adopted by the Board requires assistance from World Bank. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision. The learned counsel ..Category: Civil Law | Date: | Hits: 119
Shoma Akter Shoma and another Vs. Bangladesh and Ors., 2006, 35 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Shoma Akter Shoma and another………….Petitioners Vs. Bangladesh and Ors…......ces is a disputed question of fact and requires investigation and determination on evidence adduced by the parties, for which the writ jurisdiction under Article 102 of the Constitution is not the proper jurisdiction and accordingly this petition is not maintainable. If so advised the writ petit..Category: Criminal Law | Date: | Hits: 41
Delowar Hossain Mollah and others Vs. Bangladesh, 2003, 32 CLC (AD)
....lso Reported in: 2007 (XV) BLT (AD) 124. ......been stated that the Sub Rule (3A) is not ultra vires the Article 27 and 29(1) of the Constitution. The further case of the respondent is that the selection and recommendation of the 46 officers were properly made in a properly held meeting of the departmental promotion committee on the basis of mer..Category: Employment/Service Law | Date: | Hits: 133
Mrs. Mohsina Rahman Vs. Abdul Majid, 2008, 37 CLC (AD)
....Advocate-on-Record-For Respondent Nos. 1, 3. A.S.M. Khalequzzaman, Advocate-on-Record-Respondent No. 2. Civil Petition for Leave to Appeal No. 1465 of 2005. (From the judgment and order dated 21.6.2005 passed by the High Court Division in First Appeal No. 87 of 2002). ......fendant did not contest the arbitration proceeding any further and so there is no illegality in making the award the Rule of the Court. 6. We are of the view that the High Court Division on proper consideration of the materials on record arrived at a correct decision and there is no ..Category: Alternative Dispute Resolution | Date: | Hits: 192
Kaiser A. Chowdhury and others Vs. M/s. Zakir Hossain Re-Rolling Mills and others, 2008, 37 CLC (AD)
.... Supreme Court Appellate Division (Civil) Present: Mohammed Fazlul Karim J Md. Joynul Abedin J Md. Hassan Ameen J Kaiser A. Chowdhury and others……………………………........Adalat No.1, Chittagong allowing the decree-holder bank's application and auction schedule fixing 30.8.2005 as the date of auction and publication of the notice of auction of the petitioner's properties in Chittagong in national "The Dainik Manab Jamin" and local "The Da..Category: Civil Law | Date: | Hits: 102
Omar Farooque and another Vs. S.M. Shahabuddin and other, 2006, 35 CLC (AD)
....d in: V ADC (2008) 765. ......urther amount of Tk. 13,000/- upon making endorsement on the reverse page of agreement, that the defendants delayed the execution and registration of the document taking the plea that the property in suit has been treated as abandoned property and that to get the property out of the ab..Category: Civil Law | Date: | Hits: 74
Bangladesh Bank Vs. A. Latif & Company Limited and another, 2008, 37 CLC (AD)
.... J Bangladesh Bank…………………………………..........Petitioner Vs. A. Latif & Company Limited and another…………........Respondents Judgment March 27, 20......mended site plan was supplied on 22.09.1994 before mobilization of the work by the contractor and before samples of materials were supplied on 10.09.1994. The contractor did not mobilize proper manpower and even after supply of the site plan and drawing for temporary shed wit..Category: Business or Commercial Law | Date: | Hits: 129
Government of the People's Republic of Bangladesh Vs. Moslema Khatun and others, 2006, 35 CLC (AD)
....nt of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Public Works, Bangladesh Secretariat, Ramna, Dhaka ...........Petitioner Vs. Moslema Khatun and others. ...........Respondents Judgment November 29, 2006 Lawyers Invol...... absolute the Rule. The writ petition was filed challenging the legality of the judgment and order dated December 30, 1993 of the 1st Court of Settlement, Dhaka in Case No.16 of 1991 relating to a property in Mohammadpur. The property in question was listed as abandoned property. The Court of Se..Category: Property Law | Date: | Hits: 24
Md. Nazim Uddin Vs. Managing Director and others, 2006, 35 CLC (AD)
..... ......খি না। আপীলকারী প্রার্থিত প্রতিকার পেতে হকদার হয়”। 9. We are of the view of that the High Court Division on proper consideration of the evidence and materials on record arrived at a correct decision. The lear..Category: Property Law | Date: | Hits: 32
Fazlur Rahman Sikder Vs. Abdul Hashem Howlader & others, 2006, 35 CLC (AD)
....nvolved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 572 of 2005. (From the judgment and order dated 30th March, 2005 passed by the High Court Division in Civil Revision No. 389......cting the merit of the suit and further the learned Advocate for the petitioner appearing before the High Court Division could not also point out any such legal infirmity; admittedly the suit property belonged to Lehajuddin who on 5.7.1962 executed the sale deed under challenge and the..Category: Property Law | Date: | Hits: 25
Sayed Ahmed Majumder Vs. Samsul Hoque and others, 2006, 35 CLC (AD)
....Appellate Division (Civil) Present: Md. Ruhul Amin J Md.Tafazzul Islam Sayed Ahmed Majumder..........................Petitioner Vs. Samsul Hoque and others........................Respondents Judgment July 10, 2006. Lawyer...... in the suit jote, the submission of the learned Advocate of the petitioner regarding the maintainability of the suit has no basis. 6. We are of the view that the High Court Division on proper consideration of the evidence and the materials on record arrived at a correct decision. The..Category: Property Law | Date: | Hits: 20
Government of the People's Republic of Bangladesh Vs. Manindra Kumar Paul & ors, 2006, 35 CLC (AD)
.... Present: Md. Ruhul Amin J M.M.Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner and others .......................Petitioners Vs. Manindra Kumar Paul and others .........r whereabouts; Raj Kumar Paul died in this country in the middle of 1969 leaving the respondent Nos. 1 and 2, his other two sons, who did not go to India; the suit land was never entered into enemy property list and there was also no Gazette Notification enlisting the same as enemy property; afte..Category: Procedural Law | Date: | Hits: 68
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....te Division (Civil) Present: Mohammad Fazlul Karim J M.M. Ruhul Amin J Mosa. Rabeya Khatun................Petitioner Vs. Md. Afzal Hossain Prang. and others……………..........Respondents Judgment Sep......l Court dismissed the pre-emption case holding that the pre-emptors were not the contiguous land holders of the land under pre-emption. On appeal, the Court of appeal below found that the disputed property is a compact block of land and the plots are contiguous to each other and also contiguous ..Category: Property Law | Date: | Hits: 21
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