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Nur Hussain and other Vs. Jamuna Bank Ltd and others, 2005, 34 CLC (AD)

....ll disposal of the appeal in Civil Petition No.20 of 2004. The petitioners are also permitted to add additional ground in Civil Petition No. 20 of 2004. Ed. This Case is also Reported in: ......pplication and an attempt to blackmail the respondent Bank for ulterior purpose; that no request was ever made by anybody to the petitioners for with­drawal of their legal notice. The reason for the service bf the legal notice and its withdrawal is entirely the business of the petitioners to suit t..

Category: Banking Law | Date: | Hits: 185

Wega Fashion Sweater (PVT.) Ltd. Vs. Syed Sajeda Hossain & others, 2006, 35 CLC (AD)

....………………………Appellant Vs. Director Adjutand of Ansar & V.D.P. hav­ing its office at Tikatuly & others ……………………Respondent (Civil Appeal No. 63 of 2004) Government of Bangladesh, represented by the secretary, Ministry of land and others……………â€......No. 5350 of 2000. All the three appeals, viz C.A. Nos. 62-64 of 2004 are allowed without any order as to costs. Ed. This Case is also Reported in: 26 BLD (AD) (2006) 187; III ADC (2006) 763. ..

Category: Property Law | Date: | Hits: 91

Bangladesh Shipping Corporation & others Vs. Mohammad Hossain & others, 2006, 35 CLC (AD)

.... others ..............................Respondents Judgment July 18, 2006 Case Referred to- Muhammad Aboo Abdullah Vs. Province of East Pakistan and the Chief Secretary, Government of Pakistan, PLD 1960 (SC) 164. Lawyers Involved: Mahmudul Islam, Senior A......rder dated 29.05.2000 passed by a Division Bench of the High Court Division in Writ Petition No. 133 of 1999 making the Rule absolute. 2. Short facts are that the writ petitioner joined the service of Bangladesh Shipping Corporation (shortly BSC) as Probation Officer in 1979. He was confi..

Category: Employment/Service Law | Date: | Hits: 91

Md. Akbor Hossain and others Vs. Md. Safiruddin and others, 2005, 34 CLC (AD)

.... No.873 of 1969 under section 143A of the State Acquisition and Tenancy Act  and the order passed in Miscellaneous Case No. 9 of 1972 and the rent receipts showing payment of the rents to the Government are not documents of title, The defendant Nos.1 to 6 then preferred Other Appeal No. 33 ...... are of the view that the High Court Division on correct appreciation of law and facts gave its decision which does not call for any interference. The petitions are dismissed. Ed. ..

Category: Property Law | Date: | Hits: 27

Secretary, Ministry of Home Affairs and others Vs. BSEHR, 2004, 33 CLC (AD)

.... organizations formulating and adopting a durable rehabilitation scheme to start with a Pilot Scheme for the purpose of the sex-work­ers of the country with a sense of security and then the Government should come out with legislation prohibiting prostitution and / or soliciting prostitut......h, calling for any interference by this Court. 17. On the reasons made above, the appeal is liable to be dismissed and hence it is dis­missed without any order as to costs. Ed. ..

Category: Constitutional Law | Date: | Hits: 150

Abdul Jabbar Vs. Sultan Ahmed and others, 2006, 35 CLC (AD)

....uch suit is pending in the same or any other Court in Bangladesh having jurisdiction to grant the relief claimed, or in any Court beyond the limits of Bangladesh established or continued by the Government and having like jurisdiction, or before the Supreme Court." 16. On peru...... be allowed. 19. The appeal is, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. The parties do bear their respective costs. Ed. ..

Category: Procedural Law | Date: | Hits: 105

Principal, Pabna Cadet College, Pabna, Bangladesh & anr Vs. A.B.M. Abdul Matin, 2006, 35 CLC (AD)

.... relief to the plaintiff as against the order of dismissal from service in a suit which was not maintainable. Accordingly the appeal is allowed without any order as to costs. Ed. ......uit was filed seeking declaration that the order of dismissal described in schedule 'Ka' attached to the plaint is illegal, void and not binding on the plaintiff and that plaintiff is still in the service of the defendant and is enti­tled to salary and other benefits. 3. The suit was f..

Category: Employment/Service Law | Date: | Hits: 113

Md. Morzul Haque Vs. Government of Bangladesh & ors , 1995, 24 CLC (AD)

.... Present: Shahabuddin Ahmed CJ M. H. Rahman A.T.MAfzal J Mustafa Kamal J Latifur Rahman J Md. Morzul Haque .........Appellant Vs. Government of Bangladesh & ors .........Respondents Judgment March 3,1994. ......al remedy and no use­ful purpose will be served in re-opening a matter which has become stale and rusty. The appeal is therefore dismissed without any order as to costs. Ed. ..

Category: Fiscal/Taxation Law | Date: | Hits: 112

Chair, BoD, Rajshahi Krishi Unnayan Bank & anr Vs. Md. A Motaleb & ors., 2006, 35 CLC (AD)

....for disposal of the petition are that respondent Nos. 1-22 filed writ Petition No. 6364 of 2004 stating, inter alia, that they are employees of Rajshahi Krishi Unnayan Bank in short RAKUB and that Government adopted Rajshahi Krishi Unnayan Bank Karmachari Chakuri Probidhanmala, 1988 which was pu...... 10. The respondents are liberty to men­tion the matter fixed for hearing in the chamber. The petitioners are directed to pre­pare paper book within 6 (six) months. Ed. ..

Category: Employment/Service Law | Date: | Hits: 81

Mukter Hossain Khan (Md.) Vs. State, 2008, 37 CLC (AD)

....etitioner. The appeal is accordingly allowed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 44 ; V ADC (2008) 358; 13 MLR (AD) 2008, 186; 28 BLD (AD) 2008, 53. ......e absence of any proof beyond reasonable doubt that he was present in the occurrence house when the occurrence took place. It is all the more difficult for the prosecution to press section 106 into service when the petitioner was also prosecuted for the murder of his baby daughter at the same ti..

Category: Criminal Law | Date: | Hits: 71

Government of Bangladesh Vs. Md.Golam Rahaman Mallick, 1994, 23 CLC (AD)

....preme Court Appellate Division (Civil) Present: Shahabuddin Ahmed CJ M.H. Rahman J A.T.M. Afzal J Mustafa Kamal J Latifur Rahman J Government of Bangladesh .............Appellant Vs Md.Golam Rahaman Mallick ................fter payment of fine the respondent filed various representations to the Government for his re-instatement but ulti­mately by an order dated 18-1-86 the authority dismissed the respondent from service. 3. The respondent filed Administrative Tribunal Case No. 132 of 1986 against the or..

Category: Criminal Law | Date: | Hits: 33

National Tea Company Ltd. Vs. Deputy Commissioner, Habiganj and ors, 2008, 37 CLC (AD)

....r, Habiganj entered into an agreement on March 19, 1988 and thereof the appellant was granted lease of Chundeecherra Tea Estate for a period of 35 years for the purpose as stated hereinbefore, the Government on July 15,  1978 transferred 12 Tea Estates to the appellant which also includes t......eement dated March 19, 1988 was not legal and the said action was taken without lawful authority. Accordingly, the appeal is allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 43

Md. Salahuddin Khan Vs. Most. Halima Akhter Khatoon and others, 2008, 37 CLC (AD)

....ct decision. The learned counsel could not point at any illegality or infirmity in the decision of the. High Court Division so as to call for interference. The petition is dismissed. Ed. ......sing facts and also by making untrue statements, filed the aforesaid application dated 13.11.2002 praying for appointment of receiver whereupon show cause notice was issued but without waiting for service of those notices upon the defendants and without giving them an opportunity of being heard..

Category: Property Law | Date: | Hits: 36

Belal Hossain Vs. Kazi Jane Alam & others, 2007, 36 CLC (AD)

....rovision of said Act still not affect the provisions of any other law for the time being in force and also is not in addition to the provisions of any other existing law. Section 7(2) (Chha) of Local Government (Union Parishads) Ordinance,1983 provides that if any of the installments granted to a lo......the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in:..

Category: Election Law | Date: | Hits: 162

Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)

....nu and Jainal Abedin then transferred the suit land by sale deed No.45789 dated 06.12.1979 to the defendant. The defendant got the land mutated in his name and possession on payment of rent to the Government. 4. The learned Joint District Judge, 2nd Court, Narayangonj, after hearing the p......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 28

Md. Imdad Hossain and others Vs. Bangladesh, 2008, 37 CLC (AD)

.... Amin J Md. Tafazzul Islam J Md. Hassan Ameen J Mr. Md. Imdad Hossain and others ................Petitioners (In both the cases) Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Posts ...... T & T Board and they are entitled to be considered for promotion to the post of Accounts Officer/Assistant Director (Acctts) prior to the opposite party Nos. 4-11 who are junior to them in the service of the grade. The AT further directed the authority to do the needful in resolving the matt..

Category: Administrative Law | Date: | Hits: 125

State Vs. Md. Liton Miah @ Babu, 2008, 37 CLC (AD)

....o warrant our interference. This petition is also barred by 30 (thirty) days and the explanation for condonation is not satisfactory. Accordingly, this petition is dismissed. Ed. ......earby Baunia Embankment and forcibly raped upon her there; that the victim girl came back home crying and informed her mother about the same occurrence; that the informant was in Chittagong at his service spot at that time and being informed about the occurrence came back home on 27-8-1998 and b..

Category: Criminal Law | Date: | Hits: 44

Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)

....ul Hamid. Subsequently on 04.07.1995, all the heirs of Sheikh Elahi Bux and Sheikh Abdul Karim sold 4.50 acres out of 5.68 acres to the defendant petitioner and mutated his name and paid rents to the Government. Defendant No.14 petitioner is in possession of the suit property. In the above facts an......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..

Category: Property Law | Date: | Hits: 75

Mohammad Miah Vs. Atiar Rahman Miah, 2008, 37 CLC (AD)

....sion of the suit land 8.  In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......sion of the suit land 8.  In the circumstances, we find no legal infirmity in the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 30

Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)

....l Karim by a registered patta dated 09.03.1953 and delivered possession. Since then the defendants have been in possession of the suit land on payment of rent to the ex-landlord and subsequently to Government. The S.A. Khatian was correctly prepared in his name. So, the suit was liable to be dis...... 8. The learned advocate for the petitioner could not point out legal infirmity in the judgment of the High' Court Division. 9. Accordingly, the leave petition is dismissed. Ed. ..

Category: Property Law | Date: | Hits: 39