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....dated 27.9.1998 as an urban area is illegal, void, without jurisdiction but the High Court Division failed to consider the same in its true perspective as such discharged the rule on misconception of law.
5. Admittedly public notification was issued as required under rule 3 of the Declaration Alt......wdhury J
Md. Shahidullah (Kamal)……………………………………………………Petitioner
Vs.
Government of Bangladesh represented by Secretary, Local Government Division, Dhaka and others…………………Respondents
Judgment
January 23, 2006.
Result:
The petiti......by AKM Shahidul Huq, Advocate-on-Record-For the Petitioner
Ahsanullah Patwary, Advocate-on-Record-For Respondents.
Civil Petition for Leave to Appeal No.1262 of 2003.
(From the judgment and order dated 4th Marcy 2003 passed by the High Court Division in Writ Petition No.3972 of 1998).
..
Category: Election Law | Date: | Hits: 190
Government of Bangladesh Vs. Syed Md. Hyder Ali and others, 2004, 33 CLC (AD)
.... 2. Mr. Fida M. Kamal, the learned Additional Attorney General appearing for the petitioners submits that the reasons for delay having been satisfactorily explained, the Appellate Tribunal erred in law in rejecting the said application for condonation of delay in exercise of his judicial discretio......t Appellate Division (Civil) Present: Mohammad Fazlul Karim J MM Ruhul Amin J MA Aziz J Government of Bangladesh……………………Petitioners Vs. Syed Md. Hyder Ali and others………………Respondents Judgment December 1, 2004. Result: The petition ......etitioner Amir-ul-Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.1251 of 2003. (From the judgment and order dated 11th June 2003 passed by the Administrative Appellate Tribunal in Appeal No.47 of 2003)...Category: Procedural Law | Date: | Hits: 79
M/s. Smart Apparels (Pvt.) Ltd. Vs. Hanvit Bank Kuni Bong Branch and others, 2003, 32 CLC (AD)
....g for the petitioners submitted that the High Court Division having directed the trial Court to dispose of the application for temporary injunction within 4 weeks of the receipt of the order erred in law in vacating the ad-interim order of injunction and directed Sonali Bank to pay off defendant No....... Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J M/s. Smart Apparels (Pvt.) Ltd……………..…………………….Petitioner Vs. Hanvit Bank Kuni Bong Branch and others………………….Respondents Judgment November 2, 2003. Result: The petit......Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos.2-6. Civil Petition for Leave to Appeal No.1205 of 2003. (From the judgment and order dated 27th July, 2003 passed by the High Court Division in F.M.A. No.234 of 2003). Judgmen..Category: Business or Commercial Law | Date: | Hits: 208
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....as plaintiff No.1 Rabiul Alam subsequently became an advocate. The plaintiffs issued notice under section 106 and 111 of the Transfer of Property Act by registered post to the defendant through their lawyer determining the relationship of landlord and tenant and demanding vacant possession of the su......gh Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......r. Muhummad Jamiruddin Sircar with Md. Asaduzzaman and Mir Hashmat Ali, Advocates - For Opposite Party. Civil Revision No.20 of 1988. Judgment MA Aziz J.- This Rule is directed against an order dated 30-6-87 passed by the SCC Judge (Assistant Judge), Sadar Dinajpur in SCC Suit No.9 of 19..Category: Procedural Law | Date: | Hits: 74
Babar Ali Prodhan Vs. Kinu Mia and others, 1979, 8 CLC (AD)
....perty to that extent. The landlord could realise the amount by a suit, which of course, will in substance be a money suit. The view expressed by Sen, J. in this decision, we find, is in accord with law. 4. Details of the history as the right to the rent of the ex-rent receiver on the acquisitio......1979) 323.......the decision of the Munsif, the decree-holder appellant preferred Miscellaneous Appeal No.40 of 1970. The learned Additional District Judge after hearing the parties allowed the appeal, set aside the order of the Munsif and rejected the application for setting aside the auction sale. A revision was ..Category: Property Law | Date: | Hits: 60
Omed Ali Sikder Vs. Arman Sikder and others, 1979, 8 CLC (AD)
....tion are set aside and the learned Subordinate Judge is directed to dispose of the matter in the light of the observations made above. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 320.......me Court Appellate Division (Civil) Present: Kemaluddin Hossain CJ Ruhul Islam J Badrul Haider Chowdhury J Omed Ali Sikder…………………Appellant Vs. Arman Sikder and others……………………Respondents Judgment August 16, 1979. Result: The appe......m, Senior Advocate instructed by B.C. Pandey, Advocate-on-Record - For the Respondent Nos. 1-2. Ex-parte - Respondent Nos. 3-15. Civil Appeal No.13 of 1979. (On appeal from the judgment and order dated 31st May passed by the High Court Division in Civil Order No.824 of 1976) Judgment ..Category: Property Law | Date: | Hits: 78
Babul Chandra Biswas and others Vs. Dina Bandhu Chowdhury and others, 1979, 8 CLC (AD)
.... Court of appeal below is restored. The direction given by the High Court Division for expeditious disposal of the suit is maintained. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 319. ......lso Reported in: 31 DLR (AD) (1979) 319. ......nd Order dated 13-12-78 passed by the High Court Division in Civil Revision Case No.167 of 1978). Judgment Kemaluddin Hossaita CJ.- Defendants are the appellants and the appeal arises out of an order of temporary injunction which was allowed by the trial Court but on appeal the prayer was reje..Category: Property Law | Date: | Hits: 78
Abul Kashem and another Vs. Begum Khodeja Akhtar & others, 1979, 8 CLC (AD)
....trial Court with the same findings. On second appeal to the High Court, the learned Single Judge decreed the suit holding that the courts committed an error in deciding the suit on the proposition of law that the sale being held during the period of attachment was void, and the learned Single Judge ......o Reported in: 31 DLR (AD) (1979) 316.......ed on 27.5.68 and as such the sale was illegal and void. 5. The trial Court dismissed the suit without cost holding that the plaintiffs having purchased the suit land during the subsistence of the order of attachment the registered sale deed in favour of the plaintiffs dated 27.5.68 was void and ..Category: Property Law | Date: | Hits: 79
M/s. Anath Bandhu Guha Vs. Sudhanpsu Sekar Dey alias Halder and others, 1979, 8 CLC (AD)
....rt Division keeping in view the language of Article 35 of the Articles of Association which reads as under: “Any share may at any time be transferred by a member to any child other issue, son-in-law, daughter-in-law, father, mother, brother, sister, nephew, niece, wife or husband of such member......is Case is also Reported in: 31 DLR (AD) (1979) 312.......nstructed by Shafiqur Rahman, Advocate-on-Record - For the Respondent No.1. Aminul Huq, Advocate-on-Record - Respondent No.1. Civil Appeal No.153 of 1978. (On appeal from the judgment and order, dated 3.2.1978 passed by the High Court Division in Appeal Nos. 4 and 6 of 1976). Judgment..Category: Company Law | Date: | Hits: 164
Nuvista Pharma Limited Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....ertaking from the petitioner as security against their direct formal demand of Taka 2,75,42,815.02 for approving the name change of the petitioner should not be declared to have been made without any lawful authority and is of no legal effect and also as to why they should not be directed to relea...... (Special original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Nuvista Pharma Limited................................Petitioner Vs. National Board of Revenue and others...........Respondents Judgment October 27, 2010. Result: The Rule is dischar......ther with the decisions as cited and discussed we are of the view that this Rule does not merit any substance which should be discharged outright. In the result, the Rule is discharged without any order as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. The ..Category: Fiscal/Taxation Law | Date: | Hits: 181
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....h cost. 4. Mr. Mahmudul Huq, the learned Advocate appearing on behalf of the petitioner submits that the petitioner is a voluntary organization which is non profit one and registered under special law and, as such, cannot come within the definition of establishment/industry as described in the ......original Jurisdiction) Present: Mirza Hussain Haider J Mamnoon Rahman J Christian Service Society (CSS)................................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is mad......429 of 2005 Judgment Mamnoon Rahman J.- In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner has challenged the impugned judgment and order dated 30-11-2004 passed by the Chairman First Labour Court, Chittagong in Complaint Case No.66..Category: Labour and Industrial Law | Date: | Hits: 201
Golam Mowla Vs. Abdul Hashem, 2009, 38 CLC (HCD)
....dings of the Appellate Court and pointed out that the Appellate Court has not reversed this specific findings of the trial Court which is the main crux of the case and, thereby has committed error of law which is an error in the decision occasioning failure of justice. The learned Advocate then drew...... of 2003. Judgment Md. Momtazuddin Ahmed J. - The Rule has been issued at the instant of the heirs of Golam Mowla defendant of the suit on the following terms: "Let the records be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the judgment and d......and decree dated 31-5-1986 passed by the Assistant Judge, Upazila Circuit Court, Sadar, Noakhali in the Title Suit No. 230 of 1982 dismissing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, i..Category: Property Law | Date: | Hits: 88
Abdur Rahman Vs. Md. Abdul Awal and others, 2009, 38 CLC (HCD)
....sed the opposite party No. 1 (first party) from the case land. The opposite party No. 1 on 16-6-1997 filed an application under section 145(4) of the Code informing dispossession sought protection of law. It was further contended that on 26-11-1997 Sarbat Banu and 23 others as plaintiffs instituted ...... ......gment Md. Delwar Hossain J. - This Rule was issued on an application under section 561A of the Code of Criminal Procedure calling upon the opposite parties to show cause as to why the judgment and order dated 26-10-2005 passed by the learned Additional Metropolitan Sessions Judge, Court No. 5, Ch..Category: Criminal Law | Date: | Hits: 122
Commissioner of Income Tax and others Vs. M/S. Allynagar Tea Co. Ltd. and other, 1977, 6 CLC (AD)
....tely by the appellant the Commissioner of Income Tax, under section 66(2) of the Income Tax Act in the income tax assessment cases of the assessee respondents on the ground that no questions of law arose out of the orders of the Income Tax Appellate Tribunal in the said four assessment cases. ......o costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 119.......ssed in Income Tax Application No.88, 96 and 99 of 1912 and 98 of 1972 by the High Court Division.) Judgment Debesh Chandra Bhattacharya J. - These four appeals are by special leave against the order of a Bench of the High Court Division rejecting four applications, made separately by the ap..Category: Fiscal/Taxation Law | Date: | Hits: 143
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....r the Act it would be in violation of Article 35 of the Constitution which provides that no person can be subjected to a penalty greater than or different from that which might be inflicted under the law in force at the time of the commission of the alleged offence. So it was urged that the proceedi...... Case is also Reported in: 30 DLR (AD) (1978) 112....... appellant. Sultan Hossain Khan, Deputy Attorney General, instructed by S.S. Huda, Advocate-on- Record-For the Respondent. Criminal Appeal No.3 of 1977. (In appeal from the judgment and order dated the 24th September, 1974 passed by the High Court Division in Criminal Revision No.1641 ..Category: Criminal Law | Date: | Hits: 76
Sattyendra Sutradhar Vs. Md. Zillu Miah and others, 2012, 41 CLC (AD)
....- is to be deposited within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordance with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 386. ......J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sattyendra Sutradhar........................................Petitioner Vs. Md. Zillu Miah and others...................................Respondents Order February 20, 2012. Result: ...... instructed by Nurul Islam Bhuiyan, Advocate-on-Record—For Respondent No.1. Respondent Nos.2-3—Not represented. Civil Petition for Leave to Appeal No.1350 of 2009. (From the judgment and order dated 18.03.2009 passed by the High Court Division in Civil Revision No.4273 of 1997.) Orde..Category: Property Law | Date: | Hits: 93
....3.08.2009 passed by the High Court Division in Writ Petition Nos.8289 of 2008, 9585 of 2008, 92 of 2009 and 1224 of 2009.)
Order
Nazmun Ara Sultana J.- Since similar facts and same questions of law are involved in all these four Civil Petitions for Leave to Appeal these have been heard togethe......
Muhammad Imman Ali J
Muhammad Mamtaz Uddin Ahmed J
Md. Shamsul Huda J
Government of Bangladesh, represented by Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others...........................Petitioners (In all the cases)
Vs.
G. M. M. Mizanuar Rahm......
Syed Mahbubar Rahman, Advocate-on-record—For the Respondents (In Civil Petition No.1798 of 2010).
Civil Petition for Leave to Appeal Nos.1488-1490 with 1798 of 2010.
(From the judgment and order dated 23.08.2009 passed by the High Court Division in Writ Petition Nos.8289 of 2008, 9585 of ..
Category: Employment/Service Law | Date: | Hits: 133
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
.... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......sent: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Sona Miah and others..............................................Petitioners Vs. Abed Ali and others.........dvocate-on-Record —For Respondent Nos.118, 119 and 228. Respondent Nos.1-117, 120-223 and 229 —Not represented. Civil Petition for Leave to Appeal No.1849 of 2010. (From the judgment and order dated 10.02.2010 passed by the High Court Division in Civil Revision No.4219 of 2000.) Judg..Category: Property Law | Date: | Hits: 84
Md. Hanifuddin and another Vs. Abdul Mannan and others, 2012, 41 CLC (AD)
....Nos.1 to 4 government was that the defendant No.7 took settlement of the suit land from the government collusively and fraudulently and as such the government subsequently cancelled that settlement lawfully and legally. That the defendant No.7 never possessed the suit land and the plaintiffs also ......ision (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Md. Hanifuddin and another..................Petitioners (In Civil Petition No. 2512 of 2009) Hajee Abdul Majid........sented (In Civil Petition Nos. 2512 & 2514). Respondents—Not represented (In Civil Petition No. 2513). Civil Petition tor Leave to Appeal Nos.2512-2514 of 2009. (From the judgment and order dated 19.07.2009 passed by the High Court Division in Civil Revision Nos.1499 of 2004, 2316 of..Category: Property Law | Date: | Hits: 68
....2005 making the Rule absolute in part declaring that the impugned order of termination as contained in memo No. AD M/S FC/P-1181/758 dated 29.03.2004 (Annexure-C to the writ petition) to be without lawful authority and of no legal effect.
2. The facts of the case, in brief, are that the writ pe......
ABM Khairul Haque CJ
Md. Muzammel Hossain J
Surendra Kumar Sinha J
Md. Abdul Wahhah Miah J
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Muhammad Imman Ali J
Bangladesh Sugar and Food Industries Corporation and others....................Petitioners
Vs.
Md. Shamsuddin S.......M. Shahidul Huq, Advocate-on-Record—For the petitioners.
Md. Nawab Ali, Advocate-on-Record—For the Respondent.
Civil Petition for Leave to Appeal No.1675 of 2010.
(From the judgment and order dated 20.05.2010 passed by the High Court Division in Writ Petition No.6790 of 2005)
Order
..
Category: Employment/Service Law | Date: | Hits: 180
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