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Abul Kalam Azad Vs. BD Government Primary School Teachers Association and others, 2007, 36 CLC (AD)

.... (Civil) Present: Mohammad Fazlul Karim J  MM Ruhul Amin J      Abul Kalam Azad.........................Petitioner Vs. Bangladesh Government Primary School Teachers Association and others… ……&helli......sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ......nstructed by Syed Mahbubur Rahman, Advocate-on-Record. Md. Nawab Ali, Advocate-on-Record—For Respondent No. 1. Not represented—Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 958 of 2005. (From the judgment and order dated 11-5-2005 passed by ......sion. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 138. ..

Category: Civil Law | Date: | Hits: 83

Md. F. Rahman Vs. Chairman, 1st Court of Settlement, BD Abandoned Buildings & anr, 2007, 36 CLC (AD)

....Ruhul Amin CJ   Md. Tafazzul Islam J  Md. Hassan Ameen J Md. Fazlur Rahman.................Petitioner Vs. Chairman, First Court of Settlement, Bangladesh Abandoned Buildings and another …………………&...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ......olved: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No. 880 of 2003. (From the Judgment and Order dated March 16,2003 passed...... the discussion made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 125. ..

Category: Property Law | Date: | Hits: 21

AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)

.... Md. Ruhul Amin CJ MM Ruhul Amin J  Md. Tafazzul Islam J Md. Abdul Matin J AQM Shah Alam Chowdhury..........................Petitioner Vs. Bangladesh and ors.......................................Respondents Judgment Octobe......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ......itioner. Akter Imam, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record—For the Respondents. Not represented- Respondent Nos. 1, 2, 4-8. Civil Petition for Leave to Appeal No. 913 of 2005. (From the judgment and order dated 3-4-2005 passed by t......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ..

Category: Civil Law | Date: | Hits: 103

Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)

....llate Division (Civil) Present: Md Ruhul Amin CJ  Md. Fazlul Karim J MM Ruhul Amin J  Md. JoynulAbedinJ Md. Abdul Matin J Bangladesh................................. Petitioner Vs. AHM Khurshed Ali and othe...... not find any cogent reason to interfere with the same. The petition is dismissed upon condo­nation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ...... Hassan Faiz Siddique, Additional Attorney-General instructed by Zainul Abedin, Advocate-on-Record— For the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 1087 of 2006. (From the judgment and order dated 8-2-2006 passed by ...... not find any cogent reason to interfere with the same. The petition is dismissed upon condo­nation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ..

Category: Civil Law | Date: | Hits: 77

Premesh Chandra Das Vs. Government of Bangladesh and others, 2007, 36 CLC (AD)

.... Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Hassan Ameen J Premesh Chandra Das…………….....Petitioner Vs. Government of Bangladesh and others………......Respondents Judgment November 6, 20......or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 222. ......5. Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 1127 of 2005. (From the judgment and order dated 17.7.2005 of the Hi......or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 222. ..

Category: Employment/Service Law | Date: | Hits: 73

Kamrul Islam Vs. State, 2008, 37 CLC (AD)

....Md. Mahmudul Haque, Constable, D.S.B, Office of the Mymensing, lodged an F.I.R. with the Kotwali -Police Station, Mymensingh, stating inter alia, that on the same day he was on his secrete duty at Bangladesh Agricultural University campus and at about 14.50 hours he on hearing hue and cry of fem......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ...... Lawyers Involved: S. N. Goswami, Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Appellant. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 475 of 2006. (From the judgment and order dated 20-07-2006 passed by......Act in place of 14 (fourteen years and 10(ten) years respectively with an order to run both the sentences concurrently. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 218. ..

Category: Criminal Law | Date: | Hits: 37

Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)

....6 BLT (AD) (2008) 202. ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ......e judgment and decree dated September 2, 1985 of the Court of Munsif (now Assistant Judge), Monirampur Upazilla, Jessore, passed in Title Suit No. 19 of 1984 decreeing the same. The suit was filed for declaration of title and for confirmation of possession in the land described in the schedule. ......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ..

Category: Property Law | Date: | Hits: 24

Government of Bangladesh and others Vs. Most. Nurjahan Begum, 2005, 34 CLC (AD)

....s Case is also Reported in: 16 BLT (AD) (2008) 190. ...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ...... acquiring 45 decimals of land out of 51 decimals of land of Plot No. 1009. Correction was made to the effect that in the Gazette Notification of August 11, 1983 land measuring .51 acre is to be read for the quantity of land measuring .45 acre. The writ-petitioner also impugned notice dated Septembe...... the discussion made hereinbefore we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 190. ..

Category: Property Law | Date: | Hits: 31

Afzal Hossain Biswas and others Vs. Mst. Khodeja Bibi and another, 2005, 34 CLC (AD)

....of the  1st Class and Cognizance Court, 'Ka' area, Magura on 08.07.1999  against  the petitioners and another Syed Abul Kashem on the allegation that during the war of liberation of Bangladesh the petitioners were engaged in killing freedom loving people, petitioners Nos. 1, 2 an...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ......lved: Moazzam  Hussain, Advocate, instructed by Syed Mahbubur Rahaman, Advocate-on-Record- For the Petitioners.  Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.168 of 2004 Judgment        ...... above we find no substance in the submission of the learned Advocate, for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 187. ..

Category: Criminal Law | Date: | Hits: 35

Government of Bangladesh and others Vs. Shahadat Hossain, 2005, 34 CLC (AD)

....eme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Government of the People's Republic of Bangladesh and others……….Petitioners Vs. Shahadat Hossain…......of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ...... Lawyers Involved: Bodruddoza, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1650 of 2003 (From the judgment dated May 5, 2003 of the High Court ......of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 183. ..

Category: Criminal Law | Date: | Hits: 29

Md. Habibur Rahman Vs. Government of Bangladesh & 5 ors., 2007, 36 CLC (AD)

....nt: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Habibur Rahman …………....Petitioner Vs. Government of Bangladesh & 5 ors……………...Respondents Judgment ......our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ...... Chowdhury Md. Jahangir, Advocate-on-Record-For the Petitioner. Zainul Abedin, Advocate-on-Record-For Respondent No. 1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No.1422 of 2006 (From the Judgment and order dated 14.12.2005 passed by ......our interference with the impugned judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 163. ..

Category: Others | Date: | Hits: 91

Bangladesh & Ors. Vs. Champak Kishore Roy, 2005, 34 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Bangladesh & Ors…………....Appellants Vs. Champak Kishor...... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ......er, a Magistrate exercising judicial function was removed from the services on the basis of a proceeding under Government Servant (Discipline and Appeal) Rules 1985 upon its finding of guilt but before passing the order of compulsory retirement of service, the authority should have consulted wit...... consultation was made while taking the final decision. In the result, the appeal is allowed without any order as to costs. This Case is also Reported in: 16 BLT (AD) (2008) 153. ..

Category: Employment/Service Law | Date: | Hits: 62

Md. Nasir Uddin Vs. Government of Bangladesh & Ors., 2005, 34 CLC (AD)

....ad Fazlul Karim J Amirul Kabir Chowdhury J Md. Nasir Uddin…………………………..Petitioner Vs. Government of Bangladesh & Ors...Respondents Judgment July 30, 2005. Case Referred To...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ...... Memo No.7 Bichar-7/2N-50/87(Part)(11)/132 dated 14.2.2005 issued under the signature of respondent No.2 giving approval to the appointment of respondent No.4 as Nikah Registrar on temporary basis for 7 Puti Bila Union Parishad under Lohagara Upazilla, District-Chittagong purported to have been ...... There is no substance in the submission of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 151. ..

Category: Constitutional Law | Date: | Hits: 108

Abdul Motaleb Vs. Government of the Peoples Republic Bangladesh & Ors., 2005, 34 CLC (AD)

.... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Abdul Motaleb……………….....Petitioner Vs. Government of the Peoples Republic Bangladesh & Ors……………....Respondents Judgment ......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ......ges of the High Court Division, who disposed of the said writ petition with a direction. 2. Shortly stated facts are that the respondent No.5, Md. Abul Hossain alias Md. Hossain Mia as the informant lodged a First Information Report with the Nabinagar Police Station on 26-02-2002 against ......t for our interference. In the aforesaid premises, the petition merits no consideration and accordingly it is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 147. ..

Category: Criminal Law | Date: | Hits: 31

Mohammad Nurul Huda Vs. Iqbal Anwar and others, 2005, 34 CLC (AD)

....the implementation of the order of the Court. Substantial numbers of government functionaries are quite unmindful of the provision of the Article 112 of the Constitution of the People's Republic of Bangladesh which require them to act in aid of the Supreme Court. Time is high to see by the concer...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ......cate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No. 25 of 2004. (From the judgment dated December 14, 2003 passed in Civil Petition for Leave to Appeal No. 2071 of 2001). Judgment       &n...... Court keep in mind provision of Article 112 of the Constitution. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 130. ..

Category: Property Law | Date: | Hits: 28

Government of the Peoples Republic of Bangladesh Vs. Begum Mahamuda, 2007, 36 CLC (AD)

.... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin M. M. Ruhul Amin Md. Tafazzul Islam Government of the Peoples Republic of Bangladesh………………..... Petitioner Vs. Begum M......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ......ucted by Sufia Khatun, Advocate-on-Record- For the Petitioner. Abdur Rob Chowdhury, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record- For Respondent. Civil Petition for Leave to Appeal No. 1503 of 2004. (From the judgment and order dated September 20, 2004 ......f the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 128. ..

Category: Administrative Law | Date: | Hits: 95

Government of Bangladesh and others Vs. Professor Apu Ukil, 2005, 34 CLC (AD)

....on (Civil) Present: Md. Ruhul Amin J Mohammad Fazlul Karim J M.M. Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Government of Bangladesh and others………Petitioners  Vs. Professor Apu Ukil...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ......volved: Golam Kibria, Deputy Attorney General, instruc­ted by Mvi. Md. Wahidullah, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No. 30 of 2004 (From the judgment and order dated 16.9.2002 passed by th...... we do not find any substance in the submission of the learned Deputy Attorney General. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008)126. ..

Category: Criminal Law | Date: | Hits: 109

Probir Kumar Basak Chowdhury Vs. Thana Nirbahi Officer, Manikganj and others, 2006, 35 CLC (AD)

....ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ......Sree Kalimata Bigraha reported in 36 DLR 4716 DLR (SC) 457 Lawyers Involved: Bivash Chandra Biswas, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 359 of 2005. (From the judgment dated 14.1.2004 by the High Court Divisio......ut any illegality or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 94. ..

Category: Tenancy Law | Date: | Hits: 147

Md. Abdur Rahman Vs. Government of Bangladesh and another, 2005, 34 CLC (AD)

....t: Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Md. Abdur Rahman……………………………………………..Appellant Vs. Government of Bangladesh and another…………………Respondents Judgment July 11, 2005. Result: ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ......eing a work-charged employee in a project the appellant is not entitled to get pension benefit without being a regular Government servant. 2. The appellant as the petitioner filed the A.T. Case before the Administrative Tribunal challenging the legality and propriety of the order dated 3.3.1994 ......bmissions of the learned Counsel for the appellant. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 87; 11 MLR (AD) 2006, 217. ..

Category: Administrative Law | Date: | Hits: 136

Md. Jahir Uddin Vs. Rupali Bank Ltd. and others, 2006, 35 CLC (AD)

.... counsel appearing for the petitioner submitted that the Ministry of Finance issued a Circular on 10.6.1996 informing the status of the defendant bank and also the Bank of Small Cottage Industries Bangladesh Ltd. in which it was stated that "GB wel‡q mswj­ó mK‡ji m&D......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ......k Ltd. vs. Md. Arab Ali 7 BLC (AD) 1. Lawyers Involved: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 418 of 2005. (From the judgment dated 6.7.2004 by the High Court Div......r infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 76. ..

Category: Employment/Service Law | Date: | Hits: 84