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Upazila Nirbahi Officer Vs. ASM Harunar Rashid and others, 2009, 38 CLC (AD)
.... was no more in existence on 28-5-2003 when order of his discharge was passed and further the appellant passed the impugned order without consulting the members of the Ad-hoc Committee which at the relevant time was entrusted with the functions of looking after the affairs of the above Madrasa a...... Court Division, after hearing, made the Rule absolute. 4. We have heard the learned Counsels perused the impugned judgment and order of the High Court Division and also other connected papers. 5. As it appears the respondent No.1 filed the above writ petition challenging the o......bsp; Md. Abdul Matin J Md. Abdul Aziz J Upazila Nirbahi Officer.......................Appellant Vs. ASM Harunar Rashid and others................Respondents Judgment &nbs......out any order as to costs. The judgment and order dated 10-7-2005 passed in Writ Petition No. 4609 of 2003 is set aside. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 92. ..Category: Others | Date: | Hits: 270
Abu Sayed (Md) alias Saidur Rahman and another Vs. Sonia Akhter Selina & another, 2009, 38 CLC (AD)
....orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ......zam totally denied about the solemnisation of marriage with her. Informant thereafter went to aforesaid Kazi Office on 4-2-2005 and on search came to know that alleged marriage and the related papers of marriage are false and fabricated and no marriage was registered by accused No. 6 Md Manz......hammad Fazlul Karim J Md. Joynul Abedin J SAN Mominur Rahman J Abu Sayed (Md) alias Saidur Rahman and another..........Petitioners Vs. Sonia Akhter Selina and another…................orrect decision. There is therefore no warrant in law to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 90. ..Category: Criminal Law | Date: | Hits: 79
Kamrunnessa Nilufar and another Vs. Mahmudul Faruque and others, 2009, 38 CLC (AD)
....ssed the appeal. We therefore, find no reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 87. ......ht to have found that the petitioners are in ejmali possession of the suit property warranting order of temporary injunction. 8. We have heard the learned Advocate and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High...... Md. Tafazzul Islam J Md. Joynul Abedin J Kamrunnessa Nilufar and another.........Petitioners Vs. Mahmudul Faruque and others...........Respondents ......e petitioners as plaintiff filed the said Title Suit No. 217 of 2006 against the defendant respondents claiming a saham of 1/5 share in schedule 'Ka' land and for declaration that three registered documents, one being a bainapatra fully described in schedule 'Kha' and two kabala deeds as fully d..Category: Property Law | Date: | Hits: 22
Bangladesh Bridge Authority & another Vs. Mukul Kumar Biswas and others, 2009, 38 CLC (AD)
....rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ......erpretation regarding regularisation of Government servants appointed in project where project expired or abolished. 4. We have heard the learned Advocate-on-Record and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The High...... Md. Joynul Abedin J Md. Abdul Matin J Bangladesh Bridge Authority & another......... Petitioners Vs. Mukul Kumar Biswas and others..................Respondents Judgment &nb......rrived at a correct decision. We therefore find no reason to interfere with same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 86. ..Category: Labour and Industrial Law | Date: | Hits: 90
Md. Abdul Awal Vs. Md. Abdul Barek, 2007, 36 CLC (AD)
....e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ......65 dated 9-9-1993, which is the disputed cheque, for Taka 65,763.00 was issued for payment of salary to the teachers and staff of the School for July, August, September, 1993 and purchase of question papers etc., cheque No. 5075366 dated 4-10-1993 for Taka 4,800 was issued for arrears pay to the tea......zzaman, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent. Criminal Petition for Leave to Appeal No. 156 of 2006. (From the judgment and order dated the 27th August, 2005 passed by the High Court Division in Criminal Revision No.1373......e-on-Record for the petitioner merits no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 BLC (AD) (2009) 81; VI ADC (2009) 444. ..Category: Criminal Law | Date: | Hits: 65
M/s. Supermax International Private Ltd. Vs. Samah Razor Blades Industries, 2004, 33 CLC (AD)
....t on the face of the record in refusing to grant leave to appeal on the ground of Article 6 of the Paris Convention for the Protection of Industrial Property, 1883 relying on a wrong quotation of the relevant provision of Article 6 by the High Court Division whereas under Article 6A(1) read with Art......ifests the correct exposition of law and fact on the subject. This appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 593. .................Appellant Vs. Samah Razor Blades Industries ............Respondents Judgment January 20, 2004. Cases Referred to- 21 DLR (SC) (1969); 357 7 BLC AD 67; 44 DLR 39; Friends and Company Vs. Gorubedi Shah 21 DLR (SC) 351; SM Towfiq Vs. National PLD 1962 Karachi 355; 21 DLR (...... The respondent No. 1 entered appearance in the said Rectification Case No. 166 of 1993 and contested the said proceeding. The Registrar of Trade Marks after hearing the parties and perusing the documents allowed the Rectification Case by judgment and order dated 31.1.1995, against which the re..Category: Intellectual Property Law | Date: | Hits: 233
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
.... Case No. 27 of 1992. 2. Facts of the case, briefly, are that the respondent Md. Abdul Karim who was an Accountant-cum-Bench Assistant in the First Court of Munsif, Sirajgonj District Pabna at the relevant time was tried by a Summary Martial Law Court under Regulation No. 11 of Martial Law Regula......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......vocate-on-Record - For the Appellant. Kazi Shahadat hossain, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record – For the Respondent. Civil Appeal No. 16 of 1994. (From the Judgment and Order dated 15th November 1993 passed by Administrative Appellate Tribunal No. 33 of 1993). J......e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610...Category: Administrative Law | Date: | Hits: 144
BADC Vs. Abdur Razzaque, 1996, 25 CLC (AD)
....the order of dismissal thereunder shall remain valid unless the order itself is declared void by a Court. 7. In order to decide the question raised before us it is necessary to refer to the relevant provisions of ordinance No. V of 1985. This ordinance was promulgated by the President on ...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ......t ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Agricultural Development Corporation and others……..Appellant Vs. Abdur Razzaque………&hell...... In the result we allow the appeal and set aside the judgment and order of the High Court Division without any order as to cost. Ed This Case is also Reported in: II ADC (2005) 607. ..Category: Employment/Service Law | Date: | Hits: 97
Bangladesh Vs. Md. Jashim Uddin and another, 1997, 26 CLC (AD)
....13, cited by Mr. B. Hussain. 13. The learned Judge of the High Court Division in exercise of his revisional jurisdiction under Section 115 CPC without taking into consideration of all those relevant facts, has clearly committed an error of law in setting aside the order of restoration of ......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ...... Bimalendu Bikash Roy Choudhury J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Dhaka........Appellant Vs. Md. Jashim Uddin and another…….....Respondents Judgment October 27, 1997. Case Re......ent of the High Court Division is set aside and the order of restoration of the suit, passed by the trial Court, is restored. Ed. This Case is also Reported in: II ADC (2005) 584. ..Category: Procedural Law | Date: | Hits: 87
Ranjit Sarker and ors. Vs. Sree Sukhendu Bikash Biswas & ors., 1996, 25 CLC (AD)
....ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ......ppeal may be heard by any Division Bench of the High Court Division other than the one which heard the matter earlier. Ed. This Case is also reported in: II ADC (2005) 581; 17 BLD (AD) 58. ....... ......ng false and baseless allegations and that he has given perjured evidence'. The trial court further found that the two deeds of reconveyance as well as the two subsequent deeds of sale were genuine documents. In arriving at this finding as well the trial court considered the internal evidence of..Category: Property Law | Date: | Hits: 66
Government of Bangladesh and another Vs. Motu Lal Barua, 1997, 26 CLC (AD)
....e Appellate Tribunal in Administrative Appeal No. 89 of 1991 affirming those dated 7.10.91 passed by the Administrative Tribunal in Administrative Tribunal Case No. 279 of 1988. 2. The short facts relevant for disposal of the appeal are that respondent Muntu Lai Barua is the driver of the Distric...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579.......eme Court Appellate Division (Civil) Present: A.T.M. Afzal CJ Mustafa Kamal J Latifur Rahman J Mohammd Abdur Rouf J Bimalendu Bikash Roy Chodhury J Government of Bangladesh and another............Appellants Vs. Motu Lal Barua…......Respondent Judgment March 3...... with the Rules of 1985, we set aside the judgments of the Tribunals below. Consequently the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 579...Category: Administrative Law | Date: | Hits: 105
Bangladesh Co-Operative Insurance Ltd & ors Vs. Md. Abdul Khaleque Khan & ors, 1997, 26 CLC (AD)
....l authority", as defined in Section 3(28) of the General Clauses Act 1897, is amenable to the writ jurisdiction of the High Court Division under Article 102 of the Constitution. 2. The relevant facts are as follows:- Respondent No.1, Abdul Khaleque, former Secretary of the appellant'......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ......vision (Civil) Present: ATM Afzal CJ Mustafa Kamal J Mohammad Abdur Rouf J Bimalendu Bikash Roy Choudhury J Bangladesh Co-Operative Insurance Limited and others............Appellants Vs. Md. Abdul Khaleque Khan and others...........Res......ason stated above we find little substance in this appeal. Accordingly it is dismissed without, however, any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 574. ..Category: Others | Date: | Hits: 224
Government of Bangladesh Vs. Jahanara Rashid and others, 1998, 27 CLC (AD)
....e said property on the ground that it was not an abandoned property and the said application was duly received on 16-6-72. The writ petitioner thereafter made several representations to the various relevant authorities of the Government clearly stating that she was a Bangladesh Nationality ......erty. Pursuant to the series of representations made by her an inquiry was held into the matter. She was asked by the Deputy Commissioner, Chittagong by letter dated 6-6-84 to submit documents and papers in support of her claim on 13-6-84. Her authorized agent appeared before the Deputy Commissi...... Mustafa Kamal J Latifur Rahman J Abdur Rouf J Bimalendu Bikash Roy Choudhury J Government of Bangladesh...................Appellant Vs. Jahanara Rashid and others……….Respondents Judgment April 2, 1998. Lawyers......abandoned property. Pursuant to the series of representations made by her an inquiry was held into the matter. She was asked by the Deputy Commissioner, Chittagong by letter dated 6-6-84 to submit documents and papers in support of her claim on 13-6-84. Her authorized agent appeared before the D..Category: Property Law | Date: | Hits: 42
Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ound the Abandoned Properties (Supplementary Provisions) Regulation, 1977 (Martial Law Regulation No. VII of 1977), published in the Bangladesh Gazette on 7.10.1977, it will be useful to quote the relevant paragraphs thereof as follows: 4. Vesting of abandoned property. ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ...... (Civil) Present: Mustafa Kamal CJ Bimalendu Bikash Roy Choudhury J A.M. Mahmudur Rahman J Mahmudul Amin Choudhury J Bangladesh Italian Marble Works Ltd. and another......................Appellants Vs. Government of Bangladesh, repres......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..Category: Property Law | Date: | Hits: 39
Md. Jahangir Alam (Selim) Vs. Md. Hebjul Bari and others, 2004, 33 CLC (AD)
.... of the appellant as not legal and without lawful authority being violative of the provision of Section 7 (2) (f) of the Local Government (Union Parishad) Ordinance, 1983. 2. The facts, relevant for the proper disposal of this appeal, are that the respondent No. 1 (writ-petitione......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ...... Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J Md. Jahangir Alam (Selim).........Appellant Vs. Md. Hebjul Bari and others......Respondents Judgment August 3, 2004. Lawyers Involved: K......and order dated 13-04-2003 passed in Writ Petition No. 536 of 2003 are hereby set aside and the rule so issued is hereby recalled. Ed. This case is also Reported in: II ADC (2005) 514. ..Category: Election Law | Date: | Hits: 282
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....tion card date of birth of co-accused Mukul Hossain alias Mukul Miah was 16.08.1982 that means on the date of alleged occurrence his age was 13 years 9 months and 11 days and in support of his age relevant documents were submitted before the trial Court and order No.52 dated 14.03.1999 shows tha......Advocate for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 70; 14 MLR (AD) (2009) 211. ......ate Court (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Zakir Hossain and another………….Petitioners Vs. The State...................... date of birth of co-accused Mukul Hossain alias Mukul Miah was 16.08.1982 that means on the date of alleged occurrence his age was 13 years 9 months and 11 days and in support of his age relevant documents were submitted before the trial Court and order No.52 dated 14.03.1999 shows that the Cou..Category: Criminal Law | Date: | Hits: 47
Serajul Huq and others Vs. Bangladesh, 2007, 36 CLC (AD)
....thereof be delivered to the appellants. 12. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 88; 14 MLR (AD) (2009) 191. ......of the letter dated 17.3.1986, Annexure-E (1) to the writ petition, shows that Mr. T.C.Chakma, the Senior Scale Section Officer of the Ministry of Works informed Aliman Khatoon to furnish necessary papers to meet the following quarries- ১।বাড়ী......191. ......d his wife and sons were dispossessed from the said house in the last week of March, 1972 by the anti-social elements who also looted their belongings and house-hold effects including the original documents of title and occupied the above house; during his life time Md. Hanif made several repres..Category: Property Law | Date: | Hits: 30
A.F.M. Solaiman Chowdhury Vs. Md. Mohibbullah & others, 2007, 36 CLC (AD)
.... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ......ul Wadud Bhuiyan, the learned Counsel for the petitioner and Mr. Abdur Rob Chowdhury, the learned Counsel for respondent No.1 and perused the judgment of the High Court Division and other connected papers. 4. The High Court Division held that under Regulation 16(Ka) of বেস......sp; Civil Petition for Leave to Appeal No. 277 of 2007. (From the judgment and order dated 29.11.2006 passed by the High Court Division in Writ Petition No.4309 of 2002.) ...... assessment of the materials on record arrived at a correct decision. The petition is dismissed with observation. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 164. ..Category: Employment/Service Law | Date: | Hits: 74
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
.... judgment and decree dated 22.02.1998 passed in Title Suit No. 32 of 1994 decreeing the suit for Specific Performance of Contract, by the Subordinate Judge, 1st Court, Gazipur. 2. The facts relevant for disposal of this appeal are that the plaintiff filed Title Suit No.32 of 1994 for Spec......n and also kept his 43½% decimals of land as security against payment of further amount of Tk. 60,000/- within stipulated period, putting his signatures on some blank stamp papers, and with condition that the defendant would pay the balance amount of Tk. 1,00,000/- on&nb......ohammad Fazlul Karim J Md. Joynul Abedin J Shah Abu Nayeem Mominur Rahman J Abdul Malek Mollah..................................Appellant Vs. Md. Abdul Salam Moral and another............Respondents Judgment April 15, 2009. Cases Referred To- ...... other relief? 4. The plaintiff adduced 5 witnesses and produced document marked Exhibit-1, 1(Ka), 2, 2 (Ka), 3, 4, 5 and 5 (Ka). The defendant also adduced 5 witnesses and produced documents marked Exhibits- 'Ka' and 'Kha'. 5. The trial Court on consideration of the mater..Category: Property Law | Date: | Hits: 34
BRAC Vs. National Board of Revenue, 2009, 38 CLC (AD)
....d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ......was not justified in law in refusing to exempt payment of 20% tax as per the unamended provision of section 158(2) of the Ordinance. 7. We have heard the learned Counsel and perused the connected papers including the impugned judgment. We do not find any substance in the points raised. The right......yeem Mominur Rahman J BRAC, 75 Mohakhali C/A, Dhaka -1212………………………………….. Petitioner. Vs. National Board of Revenue represented by its Chairman, Segunbagicha, Dhaka and another………… Respondents. Order March 12, 2009. Result: The petition is dismi......d arrived at a correct decision. Hence we do not find any reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 63. ..Category: Fiscal/Taxation Law | Date: | Hits: 125
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