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Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....d without any order as to costs. Ed. ......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ....... - This appeal by leave is directed against the judgment and order dated 15.01.2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1635 of 1995 rejecting the application for restoration of Civil Revision No. 1635 of 1995 to its original file and number. 2. Short......xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Md. Abul Kashem & others Vs. Montaz Ali Mondal & others, 2006, 35 CLC (AD)
.... deed of exchange dated 30.01.1970. The trial court, the appellate court and the High court Division held that deed of exchange was not notarized nor authenticated by any authorized officer of the Bangladesh High Commission in India and when the suit was pending in the trial court, notarization ......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ......sion in Civil Revision No. 240 of 1991 discharging the Rule. 2. The plaintiffs instituted Title Suit No. 274 of 1975 in the 1st Court of Subordinate Judge (now Joint District Judge), Kushtia for declaration that the soleh decree passed in Title Appeal No. 2 of 1975 by the learned Dist......ent of the materials on record arrived at a correct decision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 59
Messrs Al-Haj Oil Mills Ltd. Vs. Wilmer Trading (Pvt.) Ltd. & Ors., 2006, 35 CLC (AD)
....he clearing and forwarding agent of the plaintiff filed application before the Commissioner of Customs for completion of the pre-delivery proceedings and accordingly the samples were drawn and Bangladesh Atomic Energy Commission issued Radiation Test Certificate on 12.07.2003 and the plaint......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ......tioner Khondker Mahbubuddin Admed, Senior Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 7 Not represented -Respondent Nos. 1-6 Civil Petition for Leave to Appeal No. 264 of 2006 (From the judgment and order dated 26.10.2005 passed by......ended with as prayed for. Status-quo granted earlier be further extended till disposal of the appeal. The appeal is fixed on 6th November 2006 in the list at the top. Ed. ..Category: Business or Commercial Law | Date: | Hits: 121
M.A. Sukkur Vs. Md. Zahirul Haque and another, 2005, 34 CLC (AD)
.... Code read with Section 138 of the Negotiable Instrument Act against the petitioner stating, inter alia, that the aforesaid complainant was Assistant General Manager of Bangladesh Shilpa Bank, Chittagong and that the accused petitioner in order to establish Textile Mi......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ......tructed by Syed Mahbubar Rahman, Advocate-on-Record- For the Petitioner Firoz Shah, Advocate-on-Record-For Respondent No. 1 Not Represented- Respondent No. 2 Criminal Petition for Leave to Appeal No.127 of 2003 (From the Judgment and order dated 17.05.2003 passed by ......ation of the impugned judgment and order dated 17.05.2003 passed by the High Court Division in Criminal Miscellaneous Case No.152 of 2001 be stayed till disposal of the appeal. Ed. ..Category: Criminal Law | Date: | Hits: 44
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
....sion (Civil) Present: Syed J. R. Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J Moulana Noor Mohammad..........Appellant Vs Bangladesh Madrasha Education Board, 2, Orphanaz Road, Bakshi Bazar, Dhaka and others ...........Re...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......etitioner A. B. M. Nurul Islam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record -For Respondent No.2 Not represented-Respondent Nos.1, 3-6. Civil Petition for leave to Appeal No. 738 of 2005 (From the Judgment and Order dated 24.05.2005 passed by...... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operative Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......ein after referred to as Khetlal UCCA Ltd.). A voter list was prepared and Published for election of the Managing Committee of Khetlal UCC Ltd. Joipurhat in which the petitioner's Co-operative Society, namely, Mundall Uttarpara Krishak Samabya Samity Ltd. has been shown as a voter in Block-8......, Advocate (appeared with the leave of the Court), instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.4. Not represented-Respondent Nos.1-3 and 5-6. Civil Petition for Leave to Appeal No. 785 of 2005. From the Judgment and Order dated 16th May, 2005 passe......e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ..Category: Constitutional Law | Date: | Hits: 162
Department of Narcotics Control Vs. Crown Beverage Ltd., 2006, 35 CLC (AD)
....otection of life is more than right to trade and as such the impugned judgment cannot be maintained. 9. He further submits that Article No. 18 of the Constitution of the People’s Republic of Bangladesh clearly empowers the Government to take appropriate measures to save the people of the co......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ......he judgment and order dated 15.03.2005 passed by the High Court Division in writ petition No. 6818 of 2004 making the rule absolute. 2. Respondent Nos. 1 and 2 filed writ petition No. 6818 of 2004 for a direction upon the writ respondents i.e. the present petitioners to grant licence in favour of......sposal of the appeal. The petitioners are directed to make the appeal ready within 3 (three) months from date for expeditious disposal. Ed. This Case is also Reported in: III ADC (2006) 924. ..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
.... Appellate Division (Civil) Present: Syed J.R. Mudassir Husain CJ Mohammad Fazlul Karim J M.A. Aziz J Amirul Kabir Chowdhury J Government of Bangladesh, represented by the Secretary, Ministry of Planning, Sher-E-Bangla Nagar, Police&nb......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......,25, 29, 30 and 32 (In Civil Petition No.136 of 2005) Not represented—Respondent Nos. 2-13, 15-19, 21-24, 26-28, 31, 33 and 34 (In Civil Petition No. 136 of 2005) Civil Petition for leave to Appeal Nos.135-136 of 2005. (From the judgment and Order dated 29.08.2004 pass......ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 87
Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....d J.R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Dr. Mohammad Sarwar Ramiz and others ......Petitioners (In Civil Petition No. 612 of 2005) Bangladesh represented by the Secretary, Ministry of Health and Family Welfare, Government of the ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ......o. 737 of 2005) Not represented-Respondent Nos. 7-14 (In Civil Petition No. 612 0f 2005) Not represented-Respondent Nos. 3-14 (In Civil Petition No. 737 of 2005) Civil Petition for Leave to Appeal Nos. 612 And 737 Of 2005 (From the Judgment and Order dated 28.03.2005 ...... Writ Petition No.1735 of 2004 be stayed for 6 (six) months in Civil Petition for Leave to Appeal No.737 of 2005. The petitioners are also permitted to add additional grounds. Ed. ..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....,50,00000/- and already an amount of Tk. 8,00,000/- was paid as advance to respondent Nos. 2-4 and that he also deposited Tk. 8,00,000/- as transfer fee for the property in question to Bangladesh Bank and that therefore he was necessary party in the rule. 5. The High Court Divi......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ...... Advocate (A.Quayum, Senior Advocate with him), instructed by Aftab Hossain, Advocate-on-Record-For Respondent No.1 Not represented— For Respondent Nos. 2-6 Civil Petition for Leave to Appeal No. 474 of 2005. (From the Judgment and Order dated 5.4.2005 passed by ......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ...... Not represented— Respondent Nos. 5 and 6 (In Civil Petition No. 392 of 2005) Not represented-Respondent Nos. 1-5, 7 and 8 (In Civil Petition No. 523 of 2005) Civil Petition for Leave to Appeal Nos. 392 & 523 of 2005 (From the judgment dated 16.03.2005 passed by...... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....ent: Syed JR Mudassir Husain CJ MM Ruhul Amin J Md. Tafazzul Islam J MA Aziz J Amirul Kabir Chowdhury J Md. Idrisur Rahman, Advocate, Supreme Court of Bangladesh, 42/1, Ka Segun Bagicha, Dhaka…………………&he......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ...... Ajmalul Hossain QC, Senior Advocate, Instructed by Miv. Md. Wahidullah, Advocate-on-Record —For Respondent No. 1 Not represented—Respondent Nos. 2-5 Civil Petition for Leave to Appeal No. 346 of 2005 (From the judgment and order dated 02.02.2005 passed by......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....emo, dated 22.11.2003 furnished the information. The contents of the said Memo, runs as follows: "Government of Bangladesh Office of the Deputy Commissioner, Dhaka &nbs......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ...... thereby affirming the judgment and decree dated April 16, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka in Title Suit No.16 of 1989 decreeing the suit in preliminary form in respect of the land measuring .3471 acre. The suit was filed seeking declaration of ti......m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 40
M/S Ashraf Vs. Md. Zahangir Alam & ors, 2005, 34 CLC (AD)
.... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J M/S Ashraf and sons represented by its Proprietor, Ali Ashraf............Petitioners (In Civil Petition No. 223 of 2005) Bangladesh represented by the Secretary, Ministry of Public Works and Housing, Bangladesh Secretari......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ......tructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent (In Civil Petition No. 490 of 2005) Not represented-Respondent Nos. 2-7 (In Civil Petition. 223 of 2005) Civil Petition for leave to Appeal Nos.223 and 490 of 2005. (From the Judgment and order dated 04.01.2005 ......nted earlier in Civil Petition No.223 of 2005 be extended for further 6 (six) months from date. The petitioners are directed to make the appeals ready for expeditious hearing. Ed. ..Category: Civil Law | Date: | Hits: 97
Esquire Electronics Ltd. Vs. Bangladesh, 2007, 36 CLC (AD)
....l Amin J Md Fazlul Karim J MM Ruhul Amin J Md. Tafazzul Islam J Amirul Kabir Chowdhury J Esquire Electronics Ltd......................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division (Cus......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ......izanur Rahman, 52 DLR (AD) 149 Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Petition for Leave to Appeal No.226 of 2004. (From the judgment and order dated 3rd December 2003 pa......r Rahman on the other." 9. On the above, we find no substance in the submission of the learned Advocate-on-Record for the petitioner. The petition is dismissed. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 126
Serajul Hoque (Md) Vs. Government of Bangladesh, 2007, 36 CLC (AD)
....ce three days later than respondent No. 4 and he was made permanent in service six months after the respondent No. 4. The learned Advocate for the petitioner submits that as per Regulation 10(2) of Bangladesh avvontorin nou poribohon kortipokho er karmochari chakuri Probidhan mala, the seniority ......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ...... Not represented—Respondent Nos. 1, 2 & 3 (In Civil Petition No. 1381 of 2004). Not represented—Respondent No. 1 (In Civil Petition No. 1382 0/2004). Civil Petition for Leave to Appeal Nos.1381 & 1382 of 2004. (From the judgment and order dated 7-3-2004......ision upon proper assessment of the materials on' record arrived at a correct decision. There is no cogent reason to interfere with the same. Both the petitions are dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 59
Sayeda Shajada Hossain & another Vs. Wega Fashion Sweater (Pvt) Ltd & ors., 2007, 36 CLC (AD)
....horising the Government to release any land once it vested in the Government by acquisition according to law. 4. The respondent No. 1, Government of Bangladesh represented by the Secretary, Ministry of Land and respondent No. 5, Sub-Divisional Eng......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ......Mrs. Madlena D Rozario purchased the land from the CS recorded owners and possessed the same. The Government requisitioned the property by order dated 3-3-1952 in Requisition Case No. 16 of 1959-60 for the purpose of earth cutting for the Railway. The land was subsequently derequisitioned and res......se such land for similar other public purposes. 8. Therefore, in our view, this is not a good ground for review of our judgment. All the review petitions are dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
....e with the same. The petition is dismissed. Ed. ...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......he Petitioner. Razaul Hasan, Advocate, instructed by Zahirul Islam, Advocate-on-Record—For Respondent No. 2. Not represented—Respondent Nos. 1, 3-4. Civil Petition for Leave to Appeal No. 1332 of 2004. (From the judgment and order dated 9th August, 2004 p...... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....n whose name was later disclosed as Mamun and that some leaflets were also found from his possession wherein it was written “Manob rachito ain manina, Quraner ain chalu karo’-Jamiyutul mujahedin, Bangladesh. 71. P.W 2 Anisur Rahman in his evidence deposed that he attended a meeting held in a......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ddin Mollah, Md. Faisal Ali Khan and Fahima Nasrin, Deputy Attorneys-General with him) instructed By Ahsanullah Patwary, Advocate on Record-For the Respondent (In all the cases) Criminal Petition for Leave to Appeal No. 444 of 2006 and Jail Petition Nos. 4, 6, 7, 8, 9 and 10 of 2006. (From th......d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....2004 Case Referred To- Girijanandini Devi and others vs Bijendra Narain Choudhury AIR 1967 SC 1124; Nawab All Dhakua vs Abdur Rahman and others 1994 BLD (AD)229; Munshi Mahmud AH and another vs Bangladesh and others 1986 BLD (AD) 56; Watt vs Thomas (1947) 1 All ER 582. Lawyers Involved: ......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......e learned Subordinate Judge (now Joint District Judge), First Court, Khulna in Money Suit No. 12 of 1989 decreeing the suit. 2. The respondent No.1, as plaintiff, instituted the above suit praying for a decree of Taka 66,06,500 on the averments, inter alia, that Mongla Port Authority, of which th......rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ..Category: Civil Law | Date: | Hits: 109
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