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S. M. Emdadul Hossain (Bulbul) Vs. Jinnur Hosain and another, 2005, 34 CLC (AD)

.... of 2001 dis­charging the rule. 2. The facts, in brief, leading to the leave petition are that the respondent No. 1 filed a petition of complaint before the learned Chief Metropolitan Magistrate, Dhaka alleging commission of offence under section 138 of the Negotiable Instrument Act (as amended)...... order dated 26.07.2003 passed by the High Court Division in Criminal Miscellaneous Case No. 8491 of 2001 is stayed for a period of 6 (six) months from dated. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 36

Md. Nurul Amin Vs. State, 2006, 35 CLC (AD)

....g the application filed by him under section 561A of the Code the Criminal Procedure. 2. The facts, in short, are that Md. Toufiqul Islam, Inspector, Task Force-4, Bureau of Anti-corruption, Dhaka on 3.04.2001 lodged a First Information Report with Shahajadpur Police  Station against ......has been mentioned above, we do not find that the High Court Division committed any error in the deci­sion. This petition, therefore, being bereft of substance stands dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 39

Mahbubur Rahman Vs. State, 2005, 34 CLC (AD)

....ssir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Mahbubur Rahman..........................Petitioner Vs. The State, represented by the Deputy Commissioner, Dhaka Collectorate Building, Dhaka.........Respondent Judgment August 1, 2004. Result: ...... made on behalf of the petitioner we do not find any ground to lay our hands. There being no substance in the petition, the said leave petition is dismissed. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 50

Bangladesh Bank & others Vs. Messers Fabrica Nacional De Monedy Timbre & others, 1998, 27 CLC (AD)

....ior Advocate-Amicus Curiae. Not represented-Respondent No. 3. Civil Appeal No. 4 of 1995 (From the Judgment and Order dated December 11, 1994 passed by the High Court Division, Dhaka in Civil order No. 4061 of 1994) Judgment:       A. T. ......ive body of lawyers may consid­er the matter and move the Government if found necessary. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. ..

Category: Civil Law | Date: | Hits: 119

Chief Engin, Dredger Direct, BD Water Dev. Board. Vs. Chairman, 2nd Lbour Court, 2006, 35 CLC (AD)

....he High court division in writ petition No. 26 of 1994 discharging the rule and affirm­ing the order dated 29-9-1994 passed in Industrial Relations Case No. 59 (ka) of 1989 by the Labour Court, Dhaka (respon­dent No.1) allowing the application of Md. Fazlul Hoque (respondent No. 2) under ......ed to be taken away without issuing a show cause. 17. For all the above reasons, we find no substance in this appeal. Accordingly, it is dismissed without any orders to costs. Ed. ..

Category: Employment/Service Law | Date: | Hits: 55

Trading Corporation of Bangladesh Vs. Md.Abdul Halim Bhuiyan & others (31), 2006, 35 CLC (AD)

....n (Civil) Present: Syed J.R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Trading Corporation of Bangladesh, TCB Bhaban, Kawran Bazar, Dhaka .........Appellant (in all the cases) vs Md.Abdul Halim Bhuiyan & others (3......ty in the impugned orders. The High Court Division, therefore, was not jus­tified in making the Rules absolute. All the appeals are allowed without any order as to costs. Ed. ..

Category: Labour and Industrial Law | Date: | Hits: 80

Mainul Islam Vs. State and others, 2006, 35 CLC (AD)

....le mother of Ataur Rahman Toni, namely, Hashimunnessa Khanam raised hue and cry the accused persons attacked them and assaulted them and that Ataur Rahman Toni being seriously injured was taken to Dhaka Medical College Hospital and was under treatment there and that on the basis of the aforesaid......e find that the submissions made on behalf of the petitioner do not inspire us to lay our hands. The petitions thus appear to be bereft of substance and hence are dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 41

Md. Sirajuddin Mondal and other Vs. Mosammat Miration Nessa and oth­ers, 2006, 35 CLC (AD)

.... represented-Respondent Nos. 2-8 Civil Appeal No. 588 of 2001 (From the Judgment and Order dated March 29, 1998 passed by the High Court Division in Civil Revision No. 2248 of 1991 (Dhaka)Civil Revision No. 271 of 1984 (Rangpur)) Judgment:     &nbs......n established by the plaintiff that Jairuddin did not surren­der his tenancy, we find no merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 2, 000/- Ed. ..

Category: Property Law | Date: | Hits: 35

Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

....ssir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J The Chairman, Bangladesh Telephone and Telegraph Board, Telejogajog Bhaban, 37/E, Eskaton Garden Road, P. S: Ramna, Dhaka-1000.................. Petitioner vs. Mohammad Toufique and others...................paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..

Category: Others | Date: | Hits: 97

Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)

.... one Abdul Jalil who got the same by way of lease from the Government. While possessing the same by making constructions thereon Abdul Jalil with his family members took shelter in Murapara Camp of Dhaka District during the war of liberation. During his temporary absence from the suit property so......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)

.... Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Commissioner of Customs and anr......Appellants (In all the cases) Vs Bangladesh Traders, Dhaka…………………...Respondents (In all the cases) ......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)

....sp;        M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 12.04.1994 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 80 of 1992 dismissing the appeal. 2. Short facts are that......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 90

Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)

....gross misconduct. During the pendency of their appeals before the Hon'ble Chief Justice they instituted Title Suit No. 167 of 1996 in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka on 01.08.1996 for a declaration that the said order of dismissal was illegal. The learned tri...... suit from the trial court and transferring the same to its own file for trial and disposal and this requires interference by us. The appeal is allowed without any order as to cost. Ed. ..

Category: Employment/Service Law | Date: | Hits: 76

Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)

....7 of the Administrative Appellate Tribunal (AAT) in Appeal No. 87 of 1996 allowing the same. The appeal was filed against the judgment and order dated 10.8.1996 of the Administrative Tribunal (AT) Dhaka in Case No. 310 of 1994 dismissing the same. 2. Respondent filed the aforesaid case be......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..

Category: Administrative Law | Date: | Hits: 123

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

....nts is directed against the judgment and order dated 26.7.2000 passed the High Court Division discharging the rule against judgment and decree passed by the Additional District Judge, Second Court, Dhaka in Title Appeal No. 136 of 1997 reversing those dated 29.5.1997 of the Assistant Judge, Firs...... 16. In view of the above we do not find any substance in the submission of the learned Counsel for the appellants. The appeal is dismissed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 41

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

....Court Division in Civil Revision No. 2348 of 1991 discharging the Rule obtained against the judgment and decree dated June 29, 1991 of the 2nd Court of Subordinate Judge (now Joint District Judge), Dhaka, in Title Appeal No. 77 of 1989 decreeing the suit upon reversing the judgment and decree da......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Md. Abu Hanif Mia and others Vs. Kad Banu and others, 2006, 35 CLC (AD)

.... the suit land to the plaintiffs in Poush 1340 B.S. Since then the plaintiffs have possessed the suit land. By amicable partition amongst the co-sharer landlords the suit land fell in the saham of Dhaka Nawab Estate and the plaintiffs subsequently got separate khatian from the Nawab of Dhaka for...... judgment and decree dated 26.01.1994  passed by the High Court Division in 2nd Appeal No. 1204 of 1965 is hereby set aside and those of the court of appeal below are restored. Ed. ..

Category: Property Law | Date: | Hits: 34

Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)

.... Saidur Rahman Shahid………………………………...Petitioner Vs The State, represented by the Deputy Commissioner, Dhaka and another…………… …...Respondents. Judgement ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 102

Md. Faruque Reza and another Vs. Most.Hossena Ara Begum and others, 2008, 37 CLC (AD)

.... rule. 2. The relevant facts for disposal of this petition, in short, are that one Mossammat Ambia Khaton as the plaintiff instituted Title Suit No.202 of 1965 in the Second Court of Munsif, Dhaka against 237 persons. The said suit was decreed in preliminary form on 22.8.1967 and the decre......is hereby approved. 9. In view of the above, there is no substance in the submission of the learned Advocate-on- Record for the petitioners. The petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....l Petition Nos. 95 and 96 of 2007 facts in short are that Biswajit Dutta (Bhulu),as plaintiff No. 2, insti­tuted the above Title Suit No. 227 of 1998 in the Court of Joint District Judge, 3rd Court, Dhaka seeking declaration that the power of attorney dated 9.7.1998 executed by Benode Behari Dutta ......o the decision of the High Court Division does not call for any interference. The petitions are dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 24, 19 BLT (AD) (2011) 07. ..

Category: Civil Law | Date: | Hits: 111