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Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......of stay passed in the civil revision case" and also the submission that the High Court Division in its revisional jurisdiction under section 115(1) of the Code of Civil Procedure having no power to clarify any order passed by the executive, the said Division Bench erred in making observat......ion was filed impugning the order of the respondent No. 1 herein issued under the signature of the respondent No. 1 herein issued under the signature of the respondent No.2 asking the respondent No.3 to manage the business of the Waqf Estate of Hazrat Khaza Kalu Shah Mazar Waqf Estate, Sitakundu, Ch......bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 57
Panna Biswas Vs. State, 2006, 35 CLC (AD)
....rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ......he State..........................Respondent Lawyers Involved: Md. Nowab Ali, Advocate-on-Record-For the Petitioner Not represented-Respondent. Criminal Petition for Leave to Appeal No. 49 of 2001 (From the Judgment and Order dated 06-04-2000 passed by the High Court Div......rred by 324 days and the explanation given for the delay is not satisfactory. This petition on merit as well as on point of limitation has got no leg to stand and hence is dismissed. Ed ..Category: Criminal Law | Date: | Hits: 89
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ...... Administrative Tribunal. 11. The vital point for consideration whether the High Court Division is competent to entertain writ petition on the view that the Administrative Tribunal has no power of granting ad interim relief and normal procedure by way of appeal will take long time by w......lam J Khalilur Rahman A.S. P. S. B Dhaka............................Appellant Vs. Md. Kamrul Ahsan and others.................Respondents Judgment July 5, 2005. Cases Referred to- Mujibur Rahman Vs. Government of Bangladesh, 44 DLR (AD) 111; SP Sampath Kumar Vs. Union of ......discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ..Category: Administrative Law | Date: | Hits: 152
Sujit Chandra Roy and others Vs. Abdur Rouf and another, 2006, 35 CLC (AD)
....he pond and in order to stopping the escape of fishes the complainant-respondent raised bamboo fence and put up the net around the bank of the pond. But the accused-petitioners with a view to causing financial loss to the respondent removed fence and the net. Thereby, they allowed the fishes to esca......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ......ed: Shamsul Huda Manik, Advocate, instructed by Sufia Khatun, Advocate-on-Record- For the Petitioners. Not represented- Respondents. Criminal Petition for Leave to Appeal No. 81 of 2002. (From the judgment and order dated 28th April, 2002 passed by the High Co......udges of the High Court Division rightly passed the impugned order and we do not find any legal infirmity for our interference. Accordingly, this petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 104
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ......;s son Nazir Mohiuddin who was also the Managing Director when the land and the industry and the residential building were taken over by the Government on 31-12-1971 under the purported exercise of power under Acting President's Order No. SRO-XII-M-35/71/17 dated 26th December, 1971 published in ......re, 1908 (V of 1908), Order XLVII, rule I The Bangladesh Supreme Court (Appellate Division) Rules, 1988, Rule 24 Grounds of review: Unless there is any serious ground relating to error of law apparent on the face of the record occasioning failure of justice, review petition ......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Chairman, BADC, Dhaka Vs. S.M. Ali Imam and others, 2006, 35 CLC (AD)
....inst him for the disposal of unserviceable machineries and the parts incidental by auction in the light of the decision of the Government and in due course he showed cause denying allegations of financial loss to the Government, that the authority being not satisfied with the reply constituted ......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ......vision in Writ Petition No. 4666 of 1999 rejecting the application filed by the writ Respondent No. 2 with the prayer for vacating the order staying operation of the Memo, dated 5.12.1996 (Annexure-R to the writ petition) and directing the writ-Respondents to pay LPR benefits, provident fund, g......ind merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 83. ..Category: Employment/Service Law | Date: | Hits: 109
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
.... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ...... as to maintainability and evidence is required to be led in support thereof Ends of justice would best be served if we remain confined ourselves to the leave granting order instead of exercising our power under Article 104 of the Constitution and allowing the respondents to take resort of Order&nbs......of the suit under section 42 of the Specific Relief Act read with section 56 (f) could be eventually decided on taking evidence after filing of the written statement. The Courts below are directed to hear the suit on all issues including maintainability according to law. The Appellate Division i...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Hamidul Huque, Managing Director, UCBL & anr Vs. Akhteruzzaman Chowdhury, 2006, 35 CLC (AD)
....ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ......y;tending, inter alia, that the Bank is run and managed by a Board of Directors. According to Article 131 of the Articles of Association its business is managed by the Directors who exercise all such powers and do all such acts as authorised by the Memorandum of Association and Articles of Associati...... dismissed. Ed. ......ered by the Court. 15. In view of the above, we find no cogent reason to interfere with the impugned order of the High Court Division. In the result, the appeal is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 118
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....e post of Assistant Commissioner of Taxes up to the rank of Commissioner of Taxes; that due to non compliance of the decree of the Administrative Appellate Tribunal, the appellant has suffered a huge financial loss which was given in his application by a detailed calculation. 8. Thereafter, the ......ule 1 of the Rules of Business, 1975 (Revised up to February 1990 & March 1996). The Competent Authority is the Internal Resources Division, of the Ministry of Finance, who was assigned with this power. Applying this rule the Internal Resource Division gave anti-dated seniority to other persons ......cretary, Ministry of Establishment and others………………………………………………….Respondents Judgment May 16, 2005. Result: The appeal is allowed. Case Referred to- Abdul Motalab Mian Vs. Secretary, Establishment Division and others, 1982 BLD 144. Lawye......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Md. Mojibul Huq alias Shaikh Md. Mojibul Huq Vs. Md. Yakub Ali, 2006, 35 CLC (AD)
....ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ......ion before the District Judge from an order of the appellate authority. This provision has been made for the examination of correctness of the decision of the appellate authority. The authority or power so assigned to the District Judge as well as to the Additional District Judge is not limited ......the order made on August 12, 1994 in Appeal Case No.5 of 1994 by the Appellate authority and District Co-operative Officer, Dhaka affirming the judgment and order dated April 12, 1994 of the Arbitrator and Inspector of Co-operative Societies, Dhaka in Dispute Case No. 65 of 1993, filed under sec......ons made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 9 MLR (AD) 2004, 181. ..Category: Procedural Law | Date: | Hits: 111
.... background of the discussions we are of the view no interference with judgment sought to be appealed is called for.
Accordingly the petition is dismissed.
Ed.
This Case is also Reported in:......s right to defend himself as against the order of dismissal from service, that writ-petitioner was appointed by the Chief Executive Officer of the City Corporation who has been vested with Executive power of the City Corporation as per provision of section 43 of the Ordinance but the order of dismi......by A.K.M. Shahidul Huq, Advocate-on-record- For the Petitioners.
Md. Nawab Ali, Advocate-on-record-For Respondent No.1.
Not represented-Respondent Nos. 2 & 3.
Civil Petition for Leave to Appeal No. 1232 of 2002.
Judgment
Md. Ruhul Amin J.- This petition for leave to appeal is...... background of the discussions we are of the view no interference with judgment sought to be appealed is called for.
Accordingly the petition is dismissed.
Ed.
This Case is also Reported in:..
Category: Employment/Service Law | Date: | Hits: 96
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ......ring that the petitioners based their claim on the basis of a lawful agreement for sale of the property and pursuant to an authority given by admitted owner Mrs. Jainab Khatun by a registered general power of Attorney the deed of sale having been executed the property in question cannot be declared ...... Result: The leave petition is dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-On- Record- For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 591 of 2002. Judgment Amirul Kabir Chowdhury J.- At the instance of the writ p......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74
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