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....ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 740.
......s of those working on master roll basis for absorption in the revenue budget by phases if they have requisite qualifications subject to availability of vacancies according to their seniority.
Lawyers Involved:
Rajik-Al-Jalil, Deputy Attorney General, instructed by Md. Ibrahim Khalil, Advo......ment of the High Court Division is accordingly modified and the appeal is disposed of in the light of the above observations. No costs.
Ed.
This Case is also Reported in: 9 ADC (2012) 740.
..
Category: Employment/Service Law | Date: 18 Jun, 2012 | Hits: 130
Government of Bangladesh and others Vs. Md. Mizanur Rahman (Mizan), 2012, 41 CLC (AD)
.... limitation holding that no specific reason was stated." Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: 9 ADC (2012) 846. ......ers Vs. Md. Mizanur Rahman (Mizan)..............................................................Respondent Judgment June 17, 2012. Result: The leave is granted. Lawyers Involved: Karunamoy Chakma, Deputy Attorney General instructed by Gias Uddin Ahmed, Ad...... to Appeal No.802 of 2009 (From the judgment and order dated 26.01.2009 passed by the Administration Appellate Tribunal, Dhaka in Administrative Appellate Tribunal No.16 of 2009.) Order Nazmun Ara Sultana J. - The delay in filing this leave petition is condoned. 2. ..Category: Limitation Law | Date: 17 Jun, 2012 | Hits: 9
Dr. Tapan Kumar Dey Vs. State, 2012, 41 CLC (AD)
....controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ......J Dr. Tapan Kumar Dey.............Petitioner Vs. State...................................Respondent Judgment June 14, 2012. Result: The petition is dismissed. Lawyers Involved: AF Hassan Ariff, Senior Advocate instructed by Zainul Abedin, Advocate-on-......controversial matters.” In view of the above, we find no merits in the leave petition. Accordingly the same is dismissed. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 1. ..Category: Anti-Corruption Laws | Date: 14 Jun, 2012 | Hits: 10
AK Azad and another Vs. Mostafizur Rahman and others, 2012, 41 CLC (AD)
.... of plaint has become infructuous as the appeal is allowed. Therefore, the civil petition is dismissed as being infructuous. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 78. ......of the handwriting expert to come to a correct decision. Such initiative of the appellate Court is within its jurisdiction and is not an access to its jurisdiction...........................(20) Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, instructed Sufia Khatun, Advocate-on-Re......erverse, baseless and illegal and therefore, the findings of the Court of appeal below being the findings of fact, these findings are binding upon the High Court Division. 13. It appears that by Order No.11 dated 23-3-2003 the trial Court noticed about filing of an application by defendant No.1..Category: Property Law | Date: 13 Jun, 2012 | Hits: 27
Kabir Ahmed Vs. Korban Ali and others, 2012, 41 CLC (AD)
....parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ......bir Ahmed……………………….......Appellant Vs. Korban Ali and others……….........Respondents Judgment June 12, 2012. Result: The appeal is dismissed. Lawyers Involved: Subrata Chowdhury, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-R......parison of the disputed thumb impression in question shall also stand rejected. The appeal is dismissed with the above. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 130. ..Category: Procedural Law | Date: 12 Jun, 2012 | Hits: 8
Kazim Uddin (Md.) Vs. Government of Bangladesh, 2012, 41 CLC (AD)
....ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ......ondents Judgment June 11, 2012. Result: The petitions are disposed of. Cases Referred to- Shaikh Mustainul Haque Vs. Inspector General of Police, 47 DLR (AD) 157. Lawyers Involved: Azizul Hoq, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For......ade before, we do not find any substance in this petition. Accordingly the civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 121. ..Category: Administrative Law | Date: 11 Jun, 2012 | Hits: 390
....
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
..............................Petitioners
Vs.
Saiful
Islam Chowdhury and others........................Respondents
Judgment
June
7, 2012.
Result:
Appeal
is dismissed.
Lawyers Involved:
Rajik-Al-Jalil,
Deputy Attorney General instructed by Mrs. Sufia Khatun, Adv......
view of the above, it is evident, that there is no merit in this Civil Petition
for leave to appeal and hence it is dismissed.
Ed.
This Case is also Reported in: 9 ADC (2012) 832.
..
Category: Procedural Law | Date: 7 Jun, 2012 | Hits: 5
Bangladesh Biman Corporation and others Vs. Riaz Uddin Ahmed and others, 2012, 41 CLC (AD)
....ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ......al and that merely an omission to write the words "appeal" under regulation 59 could not make the said application a barren one. ………………………………………………………(12) Lawyers Involved: Akther Imam, Senior Advocate instructed by Md. Zahirul Islam, Advocate-on-Recor......ot find any error in this finding of the High Court Division. In the circumstances this appeal has got no merit and hence it is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 811. ..Category: Administrative Law | Date: 5 Jun, 2012 | Hits: 388
Abul Kashem Vs. Major General Mahmudul Hasan (Rtd.) and others, 2012, 41 CLC (AD)
.... Civil Procedure. In the light of the above, no interference is called for. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 160. ......Judgment June 5, 2012. Result: The petition is dismissed. Cases Referred to- Canada Sugar Refining Co Vs. (1898) AC 735; Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006. Lawyers Involved: Rafique-ul Huq, Senior Advocate (with Anisul Haque, Senior Advocate, with Sha...... 32. Having considered that the provisions of the RPO in general it appears that to ensure free and fair election and also to ensure the right of the electorates the Representation of the Peoples Order, 1972, as amended till date was made. Therefore, the provisions of the RPO must be construed s..Category: Election Law | Date: 5 Jun, 2012 | Hits: 217
Md. Mofizur Rahman Vs. State, 2012, 41 CLC (AD)
....n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ......sented by the Deputy Commissioner, Chittagong and another..............................................Respondents Judgment June 4, 2012. Result: The petition is dismissed. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record—For the Petitioner. For the Re......n have discharged the rule on assigning proper reasons. We find no merit in this petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 717. ..Category: Procedural Law | Date: 4 Jun, 2012 | Hits: 40
Grameen Telecom Vs. Commissioner of Taxes, 2012, 41 CLC (HCD)
....istrar, Supreme Court of Bangladesh is directed to take step under section 161(2) of the Income Tax Ordinance, 1984. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 241 ......affirmative in favour of the Department and against assessee. Case Referred To— Md. Yasin Miah and others Vs. Bangladesh and others, in Writ Petition No.4723 of 2009 on 13-5-2010 Lawyers Involved: ABM Fazlur Rashid—For the Applicant Abdur Rahim Bhuiyan, DAG with ...... 4th proviso to section 159(6) of the Ordinance. 12. Admittedly, 4th proviso to section 159(6) of the Ordinance came into operation by the Finance Act, 2002. It is admitted and matter of record (Order of the Tribunal, annexure-D) that the appeal was filed before the Tribunal on 27-5-2001. There..Category: Fiscal/Taxation Law | Date: 3 Jun, 2012 | Hits: 4
Mehedi Hasan @ Modern (Md.) and others Vs. State, 2012, 41 CLC (AD)
....000 each in default to suffer rigorous imprisonment for 3(three) months more. The Jail Petition is disposed of accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 111. ......1916 PC 242; Gopinath Ghosh Vs. State of W B, 1984 Supp SCC 228; Jitendra Singh @ Babboo Singh Vs. State of UP, (2010) 13 SCC S23 and Abdul Monem Chowdhury alias Momen Vs. State, 47 DLR (AD) 96. Lawyers Involved: Khandaker Mahbub Hossain, Senior Advocate with Khurshid Alam Khan, Advocate i...... and also framing of charge. They stand proved to be major or adult at the time of commission of offence and, also, framing of charge, " In the context, it is very relevant to refer to rule 5 of Order XX of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 (the Rules, 1988) which..Category: Criminal Law, Women and Children | Date: 3 Jun, 2012 | Hits: 30
Bangla Phone Limited Vs. Huawei Tech Investment Ltd. and another, 2012, 41 CLC (HCD)
....the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ......lot No.57, 57/A, Gulshan Avenue, Gulshan-1, Dhaka 1212 being the local office of Respondent No.1..................Respondent. Judgment June 3, 2012. Result: The application is allowed. Lawyers Involved: Ajmalul Hossain QC, Advocate with Omar Sadat, Advocate-For the petitioner. M......the service rendered by the respondent company to the petitioner may be finally adjudicated by the SIAC Arbitration. However, there shall be no order as to costs. This Case is also Reported in: ..Category: Arbitration Law | Date: 3 Jun, 2012 | Hits: 61
.... from the date of receipt of a certified copy of this judgment and order.
Communicate this judgment and order at once.
Ed.
This Case is also Reported in: 65 DLR (HCD) (2013) 478
......ittagong Cement Clinker Grinding Co. Ltd. Vs. Chairman National Board of Revenue, 60 DLR 287 and Commissioner of Customs, Excise and VAT Vs. Customs Excise and VAT Appellate Tribunal, 8 BLC 329.
Lawyers Involved:
MA Hannan—For the Petitioner.
Israt Jahan Assistant Attorney-Gener......n relied upon the case of Commissioner of Customs Vs. Appellate Tribunal reported in 8 BLC 329 wherein it was noted in a similar situation that when an appeal is filed under section 42 of the Act the Order appealed against is deemed automatically to be stated. This is because purely as an administra..
Category: Fiscal/Taxation Law | Date: 30 May, 2012 | Hits: 3
Kazi Md. Habib Ullah Vs.Bangladesh and others, 2012, 41 CLC (HCD)
.... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ......er of stay and till one year he has been working as Nikah Registrar………….....(15) Cases Referred to- Syed Mohammad Salem Azam Vs. Bangladesh, 47 DLR (AD) 39. Lawyers Involved: ZH Bhuiyan, Advocate—For the Petitioner. Abdul Hoque, Advocate&mda...... with law. 19. The order of stay granted earlier by this Court is hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 372. ..Category: Family Law | Date: 30 May, 2012 | Hits: 7
Hedayetullah and others Vs. Foyjun Nessa Begum and others, 2012, 41 CLC (AD)
....cordingly the appeal is allowed without any order as to costs and the impugned judgment is set-aside and the suit is dismissed as a whole. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 139. ......t only required to prove their title to the suit land and but also to prove that the suit has been filed within twelve years from the date of alleged dispossession………………………….(21) Lawyers Involved: Osman Gani, Advocate instructed by Sufia Khatun, Advocate-on-Record-For the Appel......9. We have already quoted the schedule appended to the plaint before and from that schedule it is very difficult to curb out 3.09 acre s of land. In this connection it is pertinent to quote Rule 3 of Order VII of the Code of Civil Procedure as under:- "Where the subject-matter of the suit is i..Category: Property Law | Date: 30 May, 2012 | Hits: 33
Bimal Chandra Sen Vs. Md. Waliullah Chowdhury and others, 2012, 41 CLC (AD)
....appeal is allowed and the impugned judgment and order of the High Court Division is set-aside, there will be no order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 97. ...... Paresh Chandra Dey Gupta Vs. Abul Hossain, 33 DLR (AD) 254; Shubra Nandi Majumder Vs. Begum Mahmuda Khatun, 1990 BLD (AD) 84=42 DLR (AD) 133; Abdul Jalil Ansari Vs. Surendra Nath Basu,21 DLR 331. Lawyers Involved: Fida M Kamal, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-R...... as Revocation Miscellaneous Case No.328 of 1987. In the revocation miscellaneous case, respondent No.1, Md. Waliullah Chowdhury, a stranger to the alleged Will on 3-4-1995 filed an application under Order I, rule 10 of the Code of Civil Procedure (the Code) for addition of party on the ground that ..Category: Civil Law | Date: 30 May, 2012 | Hits: 47
Government of Bangladesh and others Vs. Nurul Amin and anothers, 2012, 41 CLC (AD)
.... ten thousand only) to the detenue in Writ Petition No.3489 of 1999 to be paid by the Writ Respondent No. 2 are hereby set aside. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 352 ...... Chairman, Court of Settlement, 51 DLR (AD) 87; Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90;Khandakar Delwar Hossain Vs. Bangladesh Italian Marble Works Ltd, 2010 BLD (Spl) 1 = 62 DLR (AD) 298. Lawyers Involved: Murad Reza, Additional Attorney-General with Saifuzzaman, Assistant Attorney-......—For the Respondent No.1 (In Civil Appeal No.89 of 2000). None Represented—For Respondent Nos. 2-3 (In all appeals). Civil Appeal Nos. 89-93 of 2012. (From the Judgment and Order dated 7-4-1997 passed by the High Court Division in Writ Petition No.1660-1663 of 1997 and the..Category: Constitutional Law | Date: 29 May, 2012 | Hits: 5
Md. Mintu Chowdhury Vs. Khurshid Nayeem and others, 2012, 41 CLC (AD)
....n the impugned judgment and order and consequently, no merit in the leave petition. Accordingly, the leave petition is dismissed. This Case is also Reported in: 18 MLR (AD) (2013) 46. ............................Petitioner Vs. Khurshid Nayeem and others......................Respondents Judgment May 28 and 29, 2012. Result: The petition is dismissed. Lawyers Involved: Mahbubey Alam, Senior Advocate instructed by Md. Nowab Ali, Advocate-on-Reco...... did not claim that the said R.S. plots are the corresponding S.A. plots. So the order of the Assistant Commissioner (Land) was set aside by the Additional Deputy Commissioner (Revenue), Dhaka vide Order dated 08.03.1994 in Miscellaneous Appeal No.11 of 1990 which was subsequently affirmed by the..Category: Property Law | Date: 29 May, 2012 | Hits: 12
Aqua Culture Farms Limited Vs. Registrar of Joint Stock Companies and Firms, 2012, 41 CLC (HCD)
....he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ......…………………Petitioner Vs. The Registrar of Joint Stock Companies and Firms.........Respondent Judgment May 28, 2012. Result: The application is allowed. Lawyers Involved A.K.M. Fazlul Hoque, Advocate-For the petitioner. None represented-For ......he office is directed to inform the learned Advocate of the petitioner accordingly. Ed. This Case is also Reported in: ..Category: Company Law | Date: 28 May, 2012 | Hits: 32
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