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Mohsena Akter Khatun Vs. Chairman, First Court of Settlement, Bangladesh & others, 2008, 37 CLC (AD)

....ructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 886 of 2007. (From the judgment and order dated 09.05.2007 passed by the High Court Division in Writ Petition No. 2075 of 2003). Judgm......5-96, had been in peaceful possession of the above house without any objection from the Government or anybody else and she had also been paying rent and municipal taxes etc but without serving any notice upon the petitioner, the above house was illegally enlisted in Ka List. The Government did n......ed: A. K. M. Mesbahuddin, Senior Advocate with Mohsen Rashid, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 886 of 2007. (From the judgment and order dated 09.05.2007 passed by..

Category: Property Law | Date: | Hits: 26

M.A. Aziz Vs. Bangladesh, 2008, 37 CLC (AD)

....instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Not represented-For the Respondents. Civil Review Petition No.146 of 2008. (From the judgment and order dated 19.06.2008 passed by the Appellate Division in Civil appeal No.181 of 2005.) Judgment ......ed under Article 110 of the Constitution. He further sub­mits that it is an error apparent on the face of the judgment of the Appellate Division that the said Division glaringly omitted to take notice of the fact that the Miscellaneous Case No. 88 of 2003 was filed under order IX, Rule IV of ......he Subordinate Judge, 3rd Court, Dhaka alleging, inter alia, that decree passed on 14.08.1972 in Title Suit No.64 of the Court of First Subordinate Judge, Dhaka was obtained by practising fraud and forgery upon the Court by the defendant No.1 and as such the same is void and not binding on the Go..

Category: Property Law | Date: | Hits: 23

Sonali Bank Limited Vs. Md. Abdul Aziz and another, 2009, 38 CLC (AD)

.... Md. Ferozur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1796 of 2008. (From the judgment and order dated of 17.06.2008 passed by the Administrative Appellate Tribunal in A.A.T. Appeal No.13 of 2002.......ry and accordingly he was asked to show cause under Regulation No. 28 of the Sonali Bank (Employees) Regulations, 1981 vide memo dated 31.01.1995, naming the inquiry officer in the said show cause notice, and thereafter the inquiry was held ex-parte without providing any opportunity to the resp......ted by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Md. Ferozur Rahman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent No. 2. Civil Petition for Leave to Appeal No. 1796 of 2008. (From the judgment and order dated of 17.06.2008 passe..

Category: Administrative Law | Date: | Hits: 166

Janata Bank Vs. Mr. Fazlul Hoq and another, 2008, 37 CLC (AD)

....                  MM Ruhul Amin CJ.- This petition for leave to appeal is directed against the judgment and order dated 5 June, 2007 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appella......ted a perverse report against the petitioner. On the basis of the perverse report the Assistant General Manager, Disciplinary Division, Janata Bank, Head Office, Dhaka issued the second show cause notice upon the petitioner proposing major penalty and finally issued the order dated 2.3.99 reduci......Advocate-on-Record-For the Respondent.  Judgment                  MM Ruhul Amin CJ.- This petition for leave to appeal is directed against the judgment and order dated 5 June, 2007 passed by the Adm..

Category: Administrative Law | Date: | Hits: 175

Alam Uddin alias Shapan Vs. State, 2009, 38 CLC (AD)

.... Md. Helaluddin Mollah, Advocate- For the Petitioner. S. M. Abdul Mobin, Deputy Attorney General-For the Respondent. Jail petition No.19 of 2007. (From the judgment and order dated 22.11.2005 passed by the High Court Division in Death Reference No.112 of 2003). Judgm......tances to show that the other inmates, if any, of the house of the petitioner assaulted her to death and further the petitioner did not bring the matter of the unnatural death of the victim to the notice of the police and moreover the evidence on record does not indicate that the petitioner atte......3 accepting the same. 2. The prosecution case, in short, is that Khodaja Bibi alias Komola, the victim, was given marriage to the petitioner who, after the marriage, started maltreating her for money and as a result the relationship between them became strained and on the night following..

Category: Criminal Law | Date: | Hits: 50

Commissioner of Customs Vs. Cab Express (BD) Limited and others, 2008, 37 CLC (AD)

....dvocate-on-Record-For the Petitioner. Mrs. Khalida Zahan, Advocate-on-Record-For the Respondent. Civil Review Petition for Leave to Appeal Nos. 18-25 of 2005. (From the judgment and order dated the 7th day of August, 2004 passed by the Appellate Division in Civil Petition for Leave to Ap......mission of the learned Advocate for the petitioners. The petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 294; 64 DLR (AD) (2012) 100; 20 BLT (AD) (2012) 60. ......he petitions are dismissed. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioner. Mrs. Khalida Zahan, Advocate-on-Record-For the Respondent. Civil Review Petition for Leave to Appeal Nos. 18-25 of 2005. (From the judgment and order dated the 7th day of August..

Category: Fiscal/Taxation Law | Date: | Hits: 72

Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)

....nt                 Mohammad Fazlul Karim J. - These petitions for review are directed against the judgment and order dated 19.04.2007 passed by this Division in Civil Appeal Nos.84-85 of 2004 allowing the appeals.&nb...... was framed and the same were published in the Gazette on June, 26, 2001. Regulation 61(2) of the Service Regulations, 2001 provides for termination of an employee of PDBF either by serving 3 months notice or in lieu thereof on payment of basic salary of 3 months. Writ-petitioner's service was te...... Lawyers Involved: Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. (In all the cases) Not represented- the Respondents. (In all the cases) Civil Review Petition for Leave to Appeal Nos. 124-27 of 2008. Judgment      &nbs..

Category: Employment/Service Law | Date: | Hits: 68

Chayon Ahmed Chowdhury Vs. Bangladesh Water Development Board, 2007, 36 CLC (AD)

.... Ali, Advocate-on-Record-For the Petitioner. Md. Abdur Nur, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 1711 of 2005. (From the Judgment and Order dated August 10, 2005 passed by the High Court Division in Writ Petition No.5112 of 2004) Judg...... 8. It may be mentioned that the writ petitioner could not dislodge the claim of the respondents that the goods supplied by him (writ petitioner) were not as per specification as was in the tender notice and also as per contract entered into between the writ petitioner and the respondents. In th......ed: Fariduddin Md. Reza, Advocate, instructed by Mohammad Nawab Ali, Advocate-on-Record-For the Petitioner. Md. Abdur Nur, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 1711 of 2005. (From the Judgment and Order dated August 10, 2005 passed ..

Category: Civil Law | Date: | Hits: 106

Samudra Ejazul Haque and others Vs. Farhana Azad and another, 2007, 36 CLC (AD)

....ate-on-Record- For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 346 of 2007. (From the Judgment and Order dated 1.3.2007 passed by the High Court Division in Writ Petition No.770 of 2007) Judgment ......t may be mentioned before the writ Court no substantial material was brought on record to establish the allegation of leading an immoral life by the writ petitioner. 13. It is interesting to notice that some time the writ respondents were opposing the custody of the minors with their mothe...... Ozair Farooq, Advocate with him) instructed by Mohammad Nawab Ali, Advocate-on-Record- For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No. 346 of 2007. (From the Judgment and Order dated 1.3.2007 passed by th..

Category: Family Law | Date: | Hits: 171

Karuna Enterprise Vs. Joint District Judge, Artha-Rin-Adalat, Narayangonj & Ors., 2007, 36 CLC (AD)

.... Abdun Nur, Advocate-on-Record- For the Respondent No.2. Not represented- For Respondent Nos.1 & 3. Civil Petition for Leave to Appeal No. 742 of 2004. (From the judgment dated March 10, 2004 passed by a Division Bench of the High Court Division in Writ Petition No.374 ......sion has committed no error of law in its judgment calling for interference by this Division.  Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Nurul Islam Bhuyian, Advocate-on-Record-For the Petitioner. Abdun Nur, Advocate-on-Record- For the Respondent No.2. Not represented- For Respondent Nos.1 & 3. Civil Petition for Leave to Appeal No. 742 of 2004. (From the judgment dated March 10, 2004 passed by a Div..

Category: Civil Law | Date: | Hits: 91

Md. Nasir Uddin Vs. State, 2007, 36 CLC (AD)

....ppeal No. 443 of 2007.                         (From the judgment and order dated 26-07-2007 passed by the High Court Division in Criminal Miscellaneous Case No.5787 of 2006.)......esaid bank for encashment on 11-09-2005 but the said cheque was dishonoured with a remark "insufficient fund". Thereafter, the complainant-respondent No. 2 on 25-09-2005 served two legal notices through engaged lawyer by registered A/D in pres­ent and permanent address of the accus......dents Judgment September 27, 2007. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No. 443 of 2007.          &nb..

Category: Criminal Law | Date: | Hits: 40

GM, (East) BD Railway (C.R.B.), Chittagong & ors Vs. Md. Ferozur Rahman & anr, 2009, 38 CLC (AD)

....ury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 381 of 2007. (From the judgment and order dated 18.10.2006 passed by the High Court Division in First Appeal No.108 of 1998.) Judgment...... schedule rate of agreement but the defen­dants refused to pay the same. All on a sudden the defendant No.3 cancelled the agreement of caterer service by a letter dated 2.1.1991 without serving notice upon the plaintiff and on the same date he was driven out from the Restaurant and Buffet Car......ed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Petition for Leave to Appeal No. 381 of 2007. (From the judgment and order dated 18.10.2006 passed by..

Category: Civil Law | Date: | Hits: 150

Ranjit Kumar Bal and another Vs. Gopal Chandra Bal and others, 2008, 37 CLC (AD)

.... Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1026 of 2007. (From the judgment and order dated 22.3.2007 passed by the High Court Division in Civil Revision No.5361 of 1998). Judgme......ity or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed.    This Case is also Reported in: VI ADC (2009) 525. ......s Judgment October 13, 2008. Lawyers Involved: Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1026 of 2007. (From the judgment and order dated 22.3.2007 passed by ..

Category: Property Law | Date: | Hits: 74

Md. Abdul Awal Vs. Kazi Md. Abul Basar and others, 2008, 37 CLC (AD)

....ia Khatun, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 618 of 2007.  (From the judgment and order dated the 22nd day of January 2007 passed by the High Court Division in Writ Petition No. 5257 of 2......o sub­stance in the submissions for learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 516. ......ed: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.1. Not represented- Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 618 of 2007.  (From the judgment and order dated the 22nd day ..

Category: Civil Law | Date: | Hits: 99

GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)

....sp;   Mahmudul Islam, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 123 of 2004 (From the judgment and order dated 30.4.2002 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.61 of 1998). ......nesses of the man­agement. The inquiry officer however submitted his report on 22.1.1994 finding the respondent guilty of the charge. Thereafter the respondent received a sec­ond show cause notice on 10.3.1998 to which the respondent replied on 28.3.1994. The appellant without consid­......strative Appellate Tribunal, Dhaka in Appeal No. 61 of 1998 allowing the appeal on contest. 2. The short fact is that the respondent instituted Administrative Tribunal Case No.47 of 1995 before the Administrative Tribunal, Dhaka alleging, inter alia, that he was appointed as Lower Divisio..

Category: Administrative Law | Date: | Hits: 159

Md. Murtuza Ali and another Vs. Renu Bibi alias Saifurnessa and others, 2008, 37 CLC (AD)

....3 and 74 of 2008.                          (From the judgment and order dated 04.12.2007 passed by this Division in Civil Petition for Leave to Appeal No.1055 of 2006.) ......t Nos. 2-5 trans­ferred 1.80 acres of land of case plot Nos. 2630, 2631 and 2632 to the petition­ers by 2 (two) deeds dated 03.02.1977 and 08.02.1977 each for .90 acres without serving any notice under Section 89 of the State Acquisition and Tenancy Act, 1950 and without her knowledge th......                   (From the judgment and order dated 04.12.2007 passed by this Division in Civil Petition for Leave to Appeal No.1055 of 2006.) Judgment       &..

Category: Property Law | Date: | Hits: 24

M/S Yellow Pages (Pvt.) Ltd. Vs. M/S Business Data Information Ltd. and another, 2008, 37 CLC (AD)

....te, instructed by Mrs. Sufia Khatun, Advocate-on-record-For the Petitioner. Not represented-the Respondents. Civil Review Petition No.172 of 2008. (From the judgment and order dated 30th May, 2007 passed by the Appellate Division in Civil Petition for Leave to Appeal No.1354......The opposite party No. 2 applied for regis­tration of its product namely "Bangladesh "Yellow Pages" in due course and proper scrutiny by the Registrar and publication of required notice in the Trade Marks Journal No.205 for the month of July and August, 2002 published on 31.08.......Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J M/S Yellow Pages (Pvt.) Ltd.............................................Petitioner Vs M/S Business Data Information Ltd. and another…...........Respondents Judgment December 4, 2008. ..

Category: Intellectual Property Law | Date: | Hits: 329

Kohinoor Chowdhury Vs. Sree Kamada Ranjan Bhattacharja and others, 2008, 37 CLC (AD)

....hury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4 Civil Petition for Leave to Appeal No. 275 of 2008. (From the judgment and order dated 24.9. 2007 passed by the High Court Division in Civil Revision No. 4160 of 1999). Judg......ere is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 488. ......d by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-4 Civil Petition for Leave to Appeal No. 275 of 2008. (From the judgment and order dated 24.9. 2007 passed b..

Category: Procedural Law | Date: | Hits: 66

Khandaker Jalaluddin and others Vs. Most. Jamila Khatun, 2008, 37 CLC (AD)

....ed: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 350 of 2007. (From the judgment and order dated 27.6.2005 passed by the High Court Division in Civil Revision No. 988 of 2000). Judgme......mittee on 15.2.1999 and violating the Rules, took a resolution to the effect that the plaintiff is not entitled to get leave for a period of four months 15 days for B. Ed Training Course and that a notice be issued upon her to show cause as to why action should not be taken against her for absen..........Respondent Judgment June 13, 2008. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Not represented-the Respondent. Civil Petition for Leave to Appeal No. 350 of 2007. (From the judgment and order dated 27.6.2005 passed by ..

Category: Employment/Service Law | Date: | Hits: 66

Chairman, Rajdhani Unnayan Kartipakkha, RAJUK Vs. Time Tower Ltd., 2008, 37 CLC (AD)

....ord-For the Appellant. Dr. M. Zahir, Senior Advocate, instructed by Firoz Shah, Advocate-on-Record-For the Respondent. Civil Appeal No.138 of 2004. (From the judgment and order dated 23.01.2000 passed by the Appellate Division in Writ Petition No.1177 of 1999.) Judgmen......which as approved for the construction of the residential building in C.S. Plot No.361 of mouza Shola. It is also the contention of the respondent that the approved plan was cancelled without prior notice and thereby there has been violation of the principle of natural justice. 3. Rule was......37;-২/৩/২২৬২/৯৭/৩৯-২ dated 06.04.1999 (annexure-H to the writ peti­tion) cancelling the permission which was given on 28.08.1997 for the construction for 20 storied residential building and thereupon cancelling the plan for the..

Category: Property Law | Date: | Hits: 28