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ADC (Rev.), Moulavi Bazar & ors Vs. Pirpur Fishermen's Co-operative Society Ltd., 2008, 37 CLC (AD)
.... Appellants. Mahmudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent. Civil Appeal No. 272 of 2001. (From the judgment and order dated the 25th day of November, 1996 passed by the High Court Division in Writ Petition ...... in the facts and circumstances of the case besides being illegal and without jurisdiction and as such, respondent No.1 was not required to pursue the remedy provided the PDR Act; that no notice under section 7 of the PDR Act having been issued and served on respondent No. 1, the questi......spondent, a Fishermen's Co-operative Society, upon extension of previous lease was allowed the lease of fishery from 1392 B.S. to 1394 B.S. on payment of 50% enhance renting on satisfactory performance of developments of work but could not be delivered with possession pursuant to a decree d..Category: Civil Law | Date: | Hits: 101
Khurshida Begum and another Vs. Golam Mostafa and others, 2001, 30 CLC (AD)
....f the Court) instructed by Md. Nawab Ali, Advocate-on-Record - For the Respondents No. 1. Not Represented - Respondent Nos. 2-9. Criminal Appeal No. 21 of 1999. (From the Judgment and order dated 15 June, 1999 passed by the High Court Division in Criminal Revision No. 352 of 1999). Jud......agistrate to exhume the dead body. This clearly shows that the High Court Division without applying its mind to the said aspect of the matter passed the order to exhume the dead body. 7. The other noticeable aspect of the order under appeal is the High Court Division granted full relief sought hi......ce to the west of the house of Respondent No. 3, Sajjanashin of the Darbar of the house of Respondent No.3, Sajjanashin of the Darbar Sharif. On 18th March, 1995 the Respondent No. 1 filed petition before the Court of Magistrate, 1st Class, Chittagong alleging that on 17th January, 1995 his father A..Category: Criminal Law | Date: | Hits: 37
Abdul Aziz and others Vs. State, 2004, 33 CLC (AD)
....y General with him), instructed by Md. Sajjadul Haq, Advocate-on-Record - For the Respondent in both the appeals) Criminal Appeal No. 38 & 39 of 2003 (From the Judgment and Order dated 02.11.2000 & 22.08.2002 passed by the High Court Division in Death Reference No. 20 of 19......n is dismissed and the Criminal Appeal No. 38 of 2003 is allowed in part modifying the conviction and sentence as aforesaid. Ed. This Case is also Reported in: II ADC (2005) 882. ......inal Appeal No. 1928 of 1997 and Jail Appeal No. 2069 of 1997 & 4 and 5 of 2001). Judgment Mohammd Fazlul Karim J.- Accused Appellants Abdul Aziz and other filed Criminal Petition for Leave to Appeal No. 139 of 2001 against the judgment and order dated 2.11.2002 passed in Death ..Category: Criminal Law | Date: | Hits: 35
Abdus Sobhan Vs. Faruque Ahmed @ Sunan and others, 2004, 33 CLC (AD)
....Advocate-on-Record - For Respondent No. 3. Chowdhury Md. Zahangir, Advocate-on-Record - For Respondent Nos. 1 and 2. Criminal Appeal No. 14 of 1998 (From the Judgment and order dated 04.02.1998 passed by the High Court Division in Criminal Appeal No. 1445 of 1997). Jud......d of within five months from date. In the light of the direction made by us to the convict respondents, the appeal is disposed of. Ed. This Case is also Reported in: II ADC (2005) 866. ......l No. 14 of 1998 (From the Judgment and order dated 04.02.1998 passed by the High Court Division in Criminal Appeal No. 1445 of 1997). Judgment Amirul Kabir Chowdhury J.- The informant appellant Abdus Sobhan has filed this appeal with the leave of the Court against order dat..Category: Criminal Law | Date: | Hits: 29
Miss Shaheda Khaturi Vs. Administrative Appellate Tribunal, Dhaka and others, 1998, 27 CLC (AD)
....h him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record - Respondent Nos. 2-3. Not Represented - the Respondent. Civil Appeal No. 9 of 1996. (From the Judgment and Order dated April 11, 1994 passed by the Administrative Appellate Tribunal in Appeal No. 43 of 1989). ......was amenable to the writ jurisdiction of the High Court Division of the Supreme Court and observed relying on the case of Mujibur Rahman Vs. Bangladesh 44 DLR (AD) 111 that it was not. Then it was noticed that the High Court Division had held in the writ petition that the judgment of the Adminis......s the Administrative Appellate Tribunal, Dhaka and the extra-ordinary judgment which has been impugned in this appeal was passed by it on 11.4.94 in Appeal No. 43 of 1989. 2. Facts material for the purpose of disposal of this appeal, briefly, are that the appellant who was a Superint..Category: Administrative Law | Date: | Hits: 110
Tambia Khatun Vs. Rafiqullah and ors., 1999, 28 CLC (AD)
.... Sharifuddin Chaklader Advocate-on-Record-For the Appellant. S. R. Kamakar, Advocate-on-Record-For Respondents. Civil Appeal No. 49 of 1998. (From the Judgment and Order dated 8.4.96 passed by the High Court Division in Civil Revision No. 863 of 1994.) Judgment ......ong with respondent No.2 who transferred the portion of the holding along with respondent No. 2 who transferred the portion of the holding by the so-called deed of exchange without service of notice upon her as required under section 89(4) of the Act. The land transferred is a part of ejmal......king the Rule absolute issued in Civil Revision No. 863 of 1994. 2. The appellant instituted Miscellaneous Case No. 86 of 1991 under section 96 of the State Acquisition and Tenancy Act, 1950 for pre-empting. 24 acres of land transferred by respondent No. 2 in favour of respondent No. 1 by ..Category: Property Law | Date: | Hits: 66
Star Jute Mills Ltd. Vs. Chairman, Labour Court and others, 2005, 34 CLC (AD)
.... Abdul Halim Chaklader, Senior Advocate-on-Record - For Respondent No. 2. Dispensed with - Respondent No. 1. Civil Appeal No. 585 of 2001. (From the Judgment and Order dated 29.4.1998 passed by the High Court Division in Writ Petition No.2016 of 1993) Judgment......ining his duties through letter dated 17.2.1992 but the mills authority dismissed him from service by order dated 4.5.1992 on ground of his conviction. 3. Before dismissal no show cause notice was issued and no personal hearing was given to respondent No. 2 and that being so the order......e Golam Mostafa (respondent No. 2 herein) filed Complaint Case No. 55 of 1992 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 hereinafter to be called the said Act before the Chairman, Labour Court, Khulna contending that he was appointed as a worker in the mills i..Category: Labour and Industrial Law | Date: | Hits: 251
Md. Nazir Hossain Khan and another Vs. Md. Mujal Mollah, 1998, 27 CLC (AD)
....ent) - For respondent No. 1 (ii). Md. Aftab Hossain, Advocate-on-Record - For respondent Nos. 1 (i), 1(iii) to 1 (xiv). Civil Appeal No. 1 of 1996 (From the Judgment and Order dated 29-6-94 passed by the High Court Division, in Civil Revision No. 459 of 1992.) Judgmen......The khatian numbers are 226 and 227.Defendant No. 1 has installed tube-well, constructed toilet and homestead and is living in the suit land with his family members. 4. The trial Court noticed the cross-examination of the plaintiff as P.W. 1 that at the time of deposition he was land......rhat in Other Class Suit No. 36 of 1985, dismissing the suit. 2. The plaintiff-respondent Md. Mujal Mollah (substituted by his heirs and successors since his death) instituted the suit for a declaration that four kabalas are null and void and not binding upon him. He averred that the..Category: Property Law | Date: | Hits: 34
Munshi Md. Rashed Kamal Vs. Abdus Salam and another, 2005, 34 CLC (AD)
....) instructed by Mvi. Md. Wahidullah, Advocate-on-Record - For Respondent No. 2. Not represented - Respondent No. 1. Criminal Appeal No. 17 of 2003 (From the Judgment and order dated 10.03.2002 passed by the High Court Division in Criminal Miscellaneous Case No. 3481 of 2001)......t approached the respondent No. 1 and on his advice he again presented the cheque on 23.10.2000 but it was returned to the appellant being bounced on 26.10.2000 and, therefore, the appellant served notice upon the respondent on 06.11.2000 and it proved in vain and therefore he lodged the pet......f complaint on 11.12.2000 in the Court of the learned Chief Metropolitan Magistrate, Dhaka stating, inter alia, that the respondent No. 1 Abdus Salam took loan of Tk. 1 lac from the appellant for three months but he did not refund the money on time and, therefore, the appellant repeatedly ..Category: Criminal Law | Date: | Hits: 42
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....No. 4 (In Civil Appeal No. 65 of 1992) Not represented - For Respondent Nos. 1-3 (In Civil Appeal No. 65 of 1992) Civil Appeal Nos. 14 and 65 of 1992 (From Judgment and Order dated 12.2.92 and 26.7.92 in writ petition No.1374 of 1990 and writ petition No.51 of 1990 renumber......ich leave was taken. Mr. Nurullah, however, submitted that he would adopt whatever submission was left to Mr. Mahbubuddin Ahmed after the concession he had made in his case. 13. It has been noticed that in the High Court Division Article 27 of the Constitution was specifically invoked for......n, (hereafter referred to as the Rules), they have been heard together and will be disposed of by this judgment. In W. P. No. 1374 of 1990 the appellant obtained a Rule Nisi challenging the aforesaid Rules and Memo No.21(8) Admn-9/89/337 dated 10.6.90 issued by the Secretary (Administrati..Category: Employment/Service Law | Date: | Hits: 106
Bangladesh Biman Corporation and others Vs. Md. Jusimuddin, 2001, 30 CLC (AD)
....ellants. A. K. M. Nazrul Islam, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record - For the Respondent. Civil Appeal No. 149 of 2000 (From the Judgment and Order dated 10th November, 1999 passed by the High Court Division in Writ petition No. 3855 of 1998) ......legal. It was also contended that Bangladesh Biman Corporation Employees (Service) Regulations, 1979, herein after in short the Regulations, requires an employee mandatory to give one month's notice to resign from the service of the Corporation and same having not been complied with in the ......Pay Group 3(ii). He was promoted as Senior Traffic Assistant and was posted at Chittagong. On 26th August 1998 he sought permission from the Station Manager, Chittagong Airport to leave Chittagong for Dhaka but the said request was turned down. Inspite of turning down of the permission to leave ..Category: Employment/Service Law | Date: | Hits: 95
Aminul Islam @ Saheb Mia and others Vs. State, 2008, 37 CLC (AD)
....yed Mahbubar Rahman Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 278 of 2007. (From the judgment and order dated 18th & 21st January, 2007 passed High Court Division in Criminal Appeal No. 4663 of 2003)......here 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) 448. ...... Judgment June 15, 2008. Lawyers Involved: Syed Mahbubar Rahman Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Criminal Petition for Leave to Appeal No. 278 of 2007. (From the judgment and order dated 18th & 21st Janua..Category: Criminal Law | Date: | Hits: 97
Md. Mirzajul Sheikh Vs. State, 2009, 38 CLC (AD)
.... Md. Helaluddin Mollah, Advocate-For the Petitioner. Abdur Rouf, Deputy Attorney General-For the Respondent. Jail Petition No. 22 of 2007. (From the judgment and order dated 20th and 23rd September, 2007 passed by the High Court Division in Death Reference No.98 of 2......the appeal. There is therefore no cogent reason to interfere with the same. Accordingly, the Jail petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 442. ......iminal Appeal No.4314 of 2004. 2. The prosecution case, in short, is that the deceased Shefali Begum, daughter of P.W.2 Nasim Sheikh was married to condemned-petitioner Mirajul Sheikh before 21 days of the date of occurrence and accordingly Kabinama was registered on payment of Tk. 20..Category: Criminal Law | Date: | Hits: 86
Md. Nurul Haque Biswas Vs. Colonel (Rtd) Dr. Ruknul Islam Chowdhury and another, 2008, 37 CLC (AD)
.....M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1 Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 61 of 2007. (From the judgment and order dated 30.3.2006 passed by the High Court Division in Criminal Miscellaneous Case No.7577 of 2005). ......here 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) 449. ......ey Alam, Senior Advocate (J.N. Deb Advocate with him) instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For Respondent No. 1 Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 61 of 2007. (From the judgment and order dated 30.3.2006 passed by th..Category: Criminal Law | Date: | Hits: 47
Samarendra Nath Das (Nalu) and others Vs. Md. Atique and others, 2007, 36 CLC (AD)
....li, Advocate-on-Record-For the Respondent No. 1. None represented-For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 326 of 2005. (From the judgment and order dated the 9th April, 2005 passed by the High Court Division in Criminal Miscellaneous Case No.8122 ......of the above, we find no reason to differ with the High Court Division. Accordingly, the petition is dismissed without costs. Ed. This Case is also Reported in: VI ADC (2009) 436. ......hbubur Rahman, Advocate-on-Record-For the Petitioner. Md. Nawab Ali, Advocate-on-Record-For the Respondent No. 1. None represented-For the Respondent No. 2. Criminal Petition for Leave to Appeal No. 326 of 2005. (From the judgment and order dated the 9th April, 2005 ..Category: Criminal Law | Date: | Hits: 41
Jamil Ahmed Khan Vs. Md. Delwar Hossain and another, 2009, 38 CLC (AD)
.... instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Not represented-the Respondents. Criminal Review Petition No. 5 of 2009. (From the judgment and order dated 03.03.2009 passed by this Division in Criminal Petition for Leave to Appeal No.72 of 2009.) ......change in which Member No.107 is co-owned by these two persons. The petitioner is in Jail since 17.12.2008. Payment was made on 15.02.2007. It is not clear whether this fact was brought to the notice of the High Court Division or before this Division when the case was heard. In the meantime......etitioner. Not represented-the Respondents. Criminal Review Petition No. 5 of 2009. (From the judgment and order dated 03.03.2009 passed by this Division in Criminal Petition for Leave to Appeal No.72 of 2009.) Order &n..Category: Criminal Law | Date: | Hits: 50
Jamira Khatun and others Vs. Md. Fazlul Karim and others, 2008, 37 CLC (AD)
.... Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not Represented- Respondent Nos.7-17. Civil Petition for Leave to Appeal No. 492 of 2007. (From the judgment and order dated the 8th day of February, 2006 passed by the High Court Division in Civil Revision No.3975 of ......ind no substance in the submissions of the learned advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 419. ......p; Huq, Advocate-on-Record-For the Petitioners. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-6. Not Represented- Respondent Nos.7-17. Civil Petition for Leave to Appeal No. 492 of 2007. (From the judgment and order dated the 8th day of Februa..Category: Property Law | Date: | Hits: 31
Banka Bihar Mondal Vs. Md. Tufazzel Sardar & others, 2008, 37 CLC (AD)
.... by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-For the Respondents Civil Petition for Leave to Appeal No.623 of 2006. (From the judgment and order dated 7.2.2006 passed by the High Court Division in Civil Revision No. 1401 of 1990.) Judgme......tered Kabalas in favour of defendant Nos.5 and 6. The further case of the plaintiffs is that the defendant Nos.7 and 8 illegally enlisted the suit land as vested and non-resident property. No notice was served upon the plaintiffs or any body declaring the property to be vested property...... Lawyers Involved: Abdus Salam Mondal, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioner Not represented-For the Respondents Civil Petition for Leave to Appeal No.623 of 2006. (From the judgment and order dated 7.2.2006 passed by th..Category: Property Law | Date: | Hits: 23
Md. Lal Miah Vs. Md. Anwar Hossain @ Anu, 2007, 36 CLC (AD)
....sp; Not represented- the Respondent. Civil Petition for Leave to Appeal No.211 of 2006 (From the judgment and order dated 25th July, 2005 passed by the High Court Division in Civil Revision No.2651 of 1999). ......e, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition dismissed. Ed. This Case is also Reported in: VI ADC (2009) 409. ...... Mohammad Nawab Ali, Advocate-on-Record-For the petitioner. Not represented- the Respondent. Civil Petition for Leave to Appeal No.211 of 2006 (From the judgment and order dated 25th July, 2005 passed ..Category: Property Law | Date: | Hits: 30
Capt. Mohammad Lutfar Rahman Vs. Government of Bangladesh, 2008, 37 CLC (AD)
.... Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 531 of 2006. (From the judgment and order dated 31.8.2005 passed by the High Court Division in Writ Petition No.5072 of 1996). Judgmen......r, Chittagong whereupon he was informed that there was no proposal for future acquisition or requisition of the above property but on a sudden on 12.06.1979 the respondent No.5 issued three notices purporting to be under section 3 of the (Emergency) Requisition of Property Act, 1948....... Mohammad Lutfar Rahman being dead his heirs. 1. Rani Jahan Rahman and others .........Petitioners Vs. Government of Bangladesh, represented by the Secretary, Ministry of Land Reform and Land Adminis..Category: Property Law | Date: | Hits: 50
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