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

.... Supreme Court Appellate Division (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 ......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. ......ed by A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No. 1 Not represented-Respondent Nos. 2-5 (in all the cases) Civil Appeal Nos. 56-86 of 2005 (From the Judgment and order dated 12,04.2004 passed by the High Court Division in Writ Petition Nos. 4919, 4920, 4921......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

Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)

.... Mr. Nawab Ali lastly submits that this case was heard by the High Court Division without considering that the filing lawyer of Criminal Appeal No. 557 of 1997 became Assistant Attorney General for Bangladesh and for this notice in Form No. 10 should have been issued as per provisions, but witho...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......awyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not Respondent-Respondent. Criminal Petition for Leave to Appeal No. 142 of 2003 (From Judgment and Order dated 22nd January, 2002 passed by the High Court Division in Criminal Appeal No. 557 of...... and according­ly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 29

BUET Vs. Dr. Nizamuddin & others, 2006, 35 CLC (AD)

....der as to costs. Ed. ...... a disput­ed question of fact it cannot be considered in a writ petition. For the reasons and discussions made above, the appeal is allowed without any order as to costs. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh University of Engineering & Technology and oth­ers.........Appellants vs Dr. Nizamuddin & others……&hel......d. ..

Category: Employment/Service Law | Date: | Hits: 87

Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)

....s. Ed. ......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ...... (Civil) Present: Md. Ruhul Amin J Md. Tafazzul Islam J The Government of the Peoples Republic of Bangladesh, repre­sented by the Deputy Commissioner, Sylhet and others..........................Appellants. vs Sree Subas Chandra Sarker being de......llate Court. In the background of the discussions made herein before we find merit in the appeal. Accordingly the appeal is allowed. There is no order of costs. Ed. ..

Category: Property Law | Date: | Hits: 43

Government of the People's Republic of Bangladesh Vs. Md. Wazed Ali and others, 2006, 35 CLC (AD)

....osts. Ed. ......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... (Civil) Present Md. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh, rep­resented by the Deputy Commissioner, Pirojpur and oth­ers....................Appellants Vs. Md. Wazed Ali and others…&he......er allu­vion. In the light of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 27

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

.... Ed. ......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. ......urt Appellate Division (Civil) Present: Syed J. R Mudassir 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..............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)

.... to costs. Ed. ......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. ...... (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Republic Works and Urban Development…………………….........Appell......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)

....l) Present: 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 ......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. ......Ed. ......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)

....thout any order as to costs. Ed. ......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. ......ivil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Krishi Bank…….......Appellant Vs A.F.M. Farid Uddin and others .........Respondents Judgement: May 19, 2004. Lawyers Involved: ......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)

....reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others....Appellants. Vs. Md. Anwarul Islam being dead his heirs; Mos...... 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. ...... Judgment:                    M. M. Ruhul Amin J .- This appeal by leave is directed against the judgment and order dated 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellan...... 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

Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)

.... and as such we do not find any substance in this petition. More so the petition appears to have not been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ...... Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 34

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

....enty thousand). Ed. ......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. ......nd). Ed. ......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)

....d. ...... 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. ...... Fazlul Karim J Md. Tafazzul Islam J Government of Bangladesh & Ors……...Appellants vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. ...... 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

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

....greement. The plaintiff surrendered his possession of 'Ka' schedule properties situated in India infavour of Ghose brothers who also gave possession of 'Kha' schedule properties to the plaintiff in Bangladesh in pursuance of the contract. But when the plaintiff came to this country on query he le......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others………&he......gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

.........Respondents Judgement May 2, 2004. Cases Referred to- Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 247; Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd., 20 BLD (AD) 278; Sreemati Pushpa Rani Das and another Vs. A.K.M. Habibur Rahman a......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Rasheda Begum………………….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- ......e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ..

Category: Civil Law | Date: | Hits: 122

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

....ere is no order as to costs. Ed. ......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. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Saleh Ahmed, Estate Officer, Bangladesh Railway……………......Appellant Vs A.P.M. Basher, Advocate and others .........Respondents Judgement February 25, 2004. Lawyers Involved:......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

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

....ellip;………………………………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondent......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......llip;…………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involve......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

......Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June 27, 2004. Case Referred to- Bangladesh Railway Vs. M/s. Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (AD) 115. ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ...... Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Sonali Bank..................................Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June ......has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..

Category: Banking Law | Date: | Hits: 129

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

.... This Case is also Reported in: ......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ......ate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referred to- Abdul Kader......gh Court Division are set aside. The judgment and decree passed by (he Additional District Judge, Rangpur is restored. Consequently the suit stands dismissed. Ed. This Case is also Reported in: ..

Category: Limitation Law | Date: | Hits: 156

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

....ns made in the judgment. As against that order dated 26.1.2003 accused petitioner filed Criminal Revision No. 546 of 2003 before a Division Bench of the High Court Division of the Supreme Court of Bangladesh and their lordships by judgment and order dated 17.6.2003 rejected the said criminal rev......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. ......r 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