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Governor, Bangladesh Bank, Head Office, Dhaka Vs. M. Habibullah Bahar & another, 2006, 35 CLC (AD)

....ed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No. 1. Not represented-For the Respondent No. 2. Civil Appeal No. 258 of 2001 (From the judgment and order dated 16.11.2000 passed by the High Court Division in Writ Petition No. 1672 of 1995) Judgme......on­cerned for extension of time limit for comple­tion of formalities and the concerned authori­ty may consider the prayer in accordance with law if found tenable in law. Ed. ..

Category: Banking Law | Date: | Hits: 124

Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)

....- Respondent Nos. 2-3 (In C.A. No. 32 of 1999) Not represented- Respondents (In C.A. Nos. 31 & 33 of 1999) Civil Appeal Nos. 30 and 31 of 1999 (From the judgment and order dated 1 December 1998 passed by the High Court Division in Writ Petition No.2775 of 1998 in both th......efute the sub­missions of the appellants by supporting the reasons given by the High Court Division in its judgment. 15. The submissions on behalf of both sides have received our careful scrutiny in the light of the relevant laws. The pertinent question to decide is whether the writ pe..

Category: Employment/Service Law | Date: | Hits: 103

Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)

....ent Nos.1-4, 6-42 (In C.P. No. 1735 of 2005) Not represented- Respondent Nos.1-4, 6-45 (In C.P. No 50 of 2006) For Leave to Appeal No.1735 of 2005 (From the Judgment and order dated 31.08.2005 passed by the High Court Division in Writ Petition No. 3941 of 2002.) And ......ith as prayed for. Stay granted earlier be extended for fur­ther 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ..

Category: Property Law | Date: | Hits: 31

Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)

....;   A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. Not represented- Respondent No. 2. Civil Appeal No. 68 of 2002 (From the Judgment and Order dated May 10, 1998 passed by the High Court Division in Civil Order No.3451 of 1998) Judgmen......eed the suit. 10. In the background of the aforesaid discus­sions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..

Category: Property Law | Date: | Hits: 28

Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)

....t any time. Even if the power of attorney was bad the mischief of the provisions of Order VII rule 11 (a) or (d) CPC is not attracted and the proper course for the learned SCC Judge was to set a next date for the plaintiff to take steps for rectification of the errors in respect of appointment of th......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..

Category: Property Law | Date: | Hits: 118

Syed Alam Mia Vs. Election Commission of Bangladesh, 1990, 19 CLC (AD)

....rds, election held in two wards only. The statement in Form 'K' from the Presiding Officer of one of the Polling Stations (Ward No.1) was not received; so the Returning Officer had no scope to consolidate the statements of all the Presiding Officers. As such the declaration of one candidate as elect......High Court Division's judgment is set aside, the Writ Petition is allowed and the impugned Notification is declared invalid. No costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 242. ..

Category: Election Law | Date: | Hits: 126

Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)

....al No. 72 of 1989). Not represented — Respondent No. 6 (In Civil Appeal. No. 72 of 1989). Civil Appeal No. 68 of 1989 with Civil Appeal No. 72 of 1989. (From the Judgment and decree dated 16.2.89 passed by the High Court Division, Dhaka in First Ap­peal No. 46 of 1988). Judgmen......gment and decree as they are. In view of the discussion above, both the ap­peals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..

Category: Property Law | Date: | Hits: 95

Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)

....Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For Re­spondent Nos. 1-9 Ex-parte—Respondent No.10 (State) Civil Appeal No. 87 of 1985. (From the Judgment and Decree dated 3.12.84 passed by High Court Division, Chittagong Bench, in First Appeal No. 46 of 1977). J...... order as to costs. Order of the Court. By the majority decision, the appeal is dis­missed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..

Category: Property Law | Date: | Hits: 50

Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)

....For Respondent Nos. 1-3. Not Represented- Respondent No.4. Civil Appeal No. 207 of 2000 Judgment M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 06.08.1996 passed by a Single Bench of the High Court Division in Civil Revision No. 1023 of 1......n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 26

Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)

....the plaint, (b) a decree for khas possession in respect of the property described in schedule-B which is part of the property described in schedule 'A' and (c) for declaration that the deed No. 16157 dated 27.10.1969 in favour of Ali Ahmed Khandker and the deed No. 16158 dated 27.10.1969 in favour o......of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ..

Category: Tenancy Law | Date: | Hits: 194

Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)

....s against the judgment and decree passed by a Single Bench of the High Court Division in Civil Revision No. 2170 of 1998 on 7.12.1998 discharging the Rule thereby affirming the judgment and decree dated 16.11.1997 in Title Appeal No. 25 of 1997 passed by the learned Additional District Judge, 2n......t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ..

Category: Property Law | Date: | Hits: 40

K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)

....nbsp;                 Md. Tafazzul Islam J. - This petition for leave to appeal is directed against the judgment and order dated 2.7.2003 passed by the High Court Division in Writ Petition No. 193 of 2002 discharging the R...... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ..

Category: Employment/Service Law | Date: | Hits: 82

M A Wahab, Advocate Vs. State, 1989, 18 CLC (AD)

.... Hossain, Advocate-on-Record— For the Petitioner. B. Hossain, Advocate-on-Record — For the Re­spondent. Criminal Petition for Leave to Appeal No. 59 of 1989 (From the Judgment and order dated 29.5.1989 passed by the High Court Division, Jessore Bench in Criminal Appeal No. 13 of 1989).......ts. The paragraphs quoted above will be treated as expunged from the judgment in question. The pe­tition is thus disposed of. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 223. ..

Category: Criminal Law | Date: | Hits: 55

Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)

....msul Hoque Siddique, Advocate-on-Record—For the Re­spondent No.1. Not Represented—Represented Nos. 2-3,5. Civil Petition for Leave to Appeal No. 30 of 1989. (From the Judgment and Order dated 6-6-1989 passed by the High Court Division, Dhaka in Writ Pe­tition No. 74 of 1989.) Judgm......'s proposal for rephasement of overdues/loan outstanding subject to your pay­ment of Tk.30 lakhs by 30 April, 1988, but the pe­titioners made no response to the same. The High Court Division upon a scrutiny of the correspon­dence clearly found that there was neither any mala fide nor arbitrarines..

Category: Banking Law | Date: | Hits: 94

Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)

....Huq Chowdhury, Senior Advocate, in­structed by Shamsul Haque Siddique, Advocate- on-Record—For the Respondent. Civil Petition For Leave to Appeal No. 13 of 1990. (From the Judgment and Order dated 14-11-89 passed by the High Court Division, Dhaka in Writ Petition No. 1701 of 1988). Judgm...... the observa­tion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ..

Category: Criminal Law | Date: | Hits: 53

Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)

.... the Appellant. B.Hossain, Deputy Attorney-General instructed by Md. Wahidullah, Advocate-on-Record— For the Respondent (State). Criminal Appeal No. 3 of 1989. (From the Judgment and Order dated 28-7-87 passed by the High Court Division, Dhaka in Death Reference No. 14 of 1986 with Crimin......our. It is not enough in a criminal case, as the High Court Di­vision thought, that the hand-writing in Ext.1 was proved by another police officer PW 10. In the ab­sence of Abdul Hashem much of the scrutiny to which the statement Ext. 1 could have been subjected to was not or could not be done. No..

Category: Criminal Law | Date: | Hits: 44

Md. Islam Uddin @ Din Islam Vs. State, 2007, 36 CLC (AD)

....                   M. M. Ruhul Amin J. - This petition for leave to appeal is directed against the judgment and order dated 27.07.2004 passed by a Division Bench of the High Court Division in Death Reference No. 31 of......s on record accepted the death reference and dismissed the jail appeal. There is no cogent reason to interfere with the same. Accordingly, the jail petition is dis­missed. Ed. ..

Category: Criminal Law | Date: | Hits: 57

Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)

....nt:                   Md. Ruhul Amin J.- The appeal by the defendant by leave is directed against the judgment dated December 3, 1998 of a Single Bench of the High Court Division in Civil Revision No.2824 of 19......, in the background whereof defendant No.3 dismissed the Ex­change case are quoted below: Bangla……….. 6. The defendants went on appeal. The appellate Court on scrutiny of the Power of Attorney and the Exchange deed (certified copy) found those not genuine. I..

Category: Property Law | Date: | Hits: 38

State Vs. Mrs. Lailun Nahar Ekram, MD, Engineer and Consultants (Bd) Ltd. (BCBL), 2007, 36 CLC (AD)

....gment:                   M. M. Ruhul Amin J. - This appeal by leave is directed against the judgment and order dated 03.06.1999 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Ca......materials on record has arrived at a correct decision and as such there is no cogent reason to interfere with the judgment of the said Di­vision. The appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 74

Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)

....bsp;                 Mohammad Fazlul Karim J. – The petitioners seek leave to appeal against the judgment and order dated 11.08.2002 passed in Civil Revision No. 1670 of 1995 making the rule absolute setting aside t......ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ..

Category: Property Law | Date: | Hits: 41