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M. A. Mannan Vs. Chairman, Second Labour Court and others, 2003, 32 CLC (AD)
....structed by Sufia Khatun, Advocate-on-Record - For Respondent No. 2. Not Represented - Respondent Nos. 1, 3 & 4. Civil Appeal No. 234 of 2001. (From the Judgment and Order dated 25.3.1997 passed by the High Court Division in Writ Petition No. 2330 of 1995). Judgme......ievance petition was barred by time. In view of the discussion above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 131. ......ated on 19.10.94 and in the morning of that date he was arrested by the police on the basis of an. F.I.R. under Anti Terrorism Ordinance. His service was terminated on the ground that he was absent for more than ten days. He filed a grievance petition from the jail on 12.11.94 and subsequently he..Category: Employment/Service Law | Date: | Hits: 81
Md. Abdul Majid Daria Vs. Bangladesh, 1998, 27 CLC (AD)
....ssistant Attorney-General with him) instructed by Md. Sharifuddin Chaklader, Advocate-on-Record - For the Respondent. Civil Appeal No. 51 and 52 of 1997. (From the Judgment and Order dated 14 August, 1996 passed by the High Court Division in F.M.A. Nos. 60 and 112 of 1995). ......quisition of Property Act, 1948, hereinafter called the Act, was issued on 13 June 1967. The Requisitioning authority took over possession of the land on 20.6.1967, 2.8.1967 and 1.9.1967. Meanwhile notices under section 5(1) of the Act were duly issued signifying the intention of the Government t......ok over possession of the land on 20.6.1967, 2.8.1967 and 1.9.1967. Meanwhile notices under section 5(1) of the Act were duly issued signifying the intention of the Government to acquire the lands for the said purpose and the owners of the plots involved were paid initial compensation. 3...Category: Property Law | Date: | Hits: 28
Chalna Marine Products Vs. Bangladesh General Insurance Co. Ltd., 2000, 29 CLC (AD)
.... Appellant. Manjur-Ur-Rahim, Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record - For the Respondent. Civil Appeal No. 83 of 2000. (From the Judgment and Order dated 15 March 1999 passed by the High Court Division in First Appeal No. 277 of 1994) Judg......s above any loss, destruction or damage is not covered by this policy, the burden of proving that such loss, destruction or damage is covered shall be upon the insured." ......ide the judgment and decree dated 31.7.1994 passed by the Subordinate Judge, First Court, Khulna in Money Suit No. 24 of 1989 filed by the appellant. The learned Subordinate Judge decreed the suit for the full amount of Tk. 47,13,905.70. 2. The appellant as plaintiff filed the suit statin..Category: Civil Law | Date: | Hits: 135
Secretary, Ministry of Land and others Vs. Abu Nur Mohammad Zafar and others, 2003, 32 CLC (AD)
....am, Senior Advocate (Mrs. Tania Amir, Advocate with him) instructed by A. K. M. Shahidul Huq, Advocate-on-Record - Intervener Civil Appeal No. 20 of 2001 (From the Judgment and Order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1998) Judgme...... and the judgment and order dated 11.12.1999 passed by the High Court Division in Writ Petition No. 3924 of 1999 are set aside. Ed. This Case is also Reported in: II ADC (2005) 87. ......were the writ petitioners and Rule was issued calling upon the writ respondents to show cause as to why the advertisement made in the Dainik Janakanta on 19.2.1997 (Annexure-A to the writ petition) for recruitment of Kanungos and formation of a committee to scrutinize and examine the applica..Category: Civil Law | Date: | Hits: 117
Bushra Complex Ltd. and other Vs. Syeda Sabera Khatun and ors., 2002, 31 CLC (AD)
....- For the Respondent No. 1-7(In both the appeals) Not represented - Respondent Nos. 8-13 (In both the appeals). Civil Appeal Nos. 256-257 of 2001. (From the Judgment and Order dated 13 November 2000 passed by the High Court Division in Writ Petition No. 588 of 2000). ......e High Court Division was of the view that as the entire lease money was paid long before by the predecessor of respondent Nos. 1-7 Abul Hashem Khan the termination of the lease without giving any notice was ipso facto illegal, as permanent right had been accrued in favour of the said responden......pondent Nos. 1-7 predecessor Abul Hashem Khan on 20.3.67. The land of Abul Hashem Khan and others including that of appellant Bazlur Rahman were requisitioned in L.A. Case No. 12/60-61 and 32/60-61 for the purpose of developing Lalmatia Housing Estate. On 10.6.1963 appellant Bazlur Rahman made a..Category: Property Law | Date: | Hits: 30
Sukur Ali and others Vs. Rahmat Ali & others, 2004, 33 CLC (AD)
....the Appellants. Azra Ali, Advocate-on-Record - For Respondent Nos. 1-2. Not represented - Respondent Nos. 3-5. Civil Appeal No. 58 of 2000. (From the Judgment and Order dated 12.11.1998 passed by the High Court Division in Civil Revision No. 2948 of 1992.) Judg......nd setting aside the judgment of the court of appeal below. The appeal is, accordingly, allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 52. ......in Civil Revision No.2948 of 1992 making the Rule absolute. 2. Short facts are that plaintiff instituted Title Suit No. 2 of 1987 in the Court of Assistant Judge, Kaliganj Upazilla, Gazipur for a declaration that the deed of exchange dated 08.11.1986 between defendant Nos. 1-3 on the one ..Category: Property Law | Date: | Hits: 33
Abdul Motaleb Vs. Md. Ershad Ali and others, 1994, 23 CLC (AD)
....ey General & Mahmudul Islam, Advocate - Amicous Curiae Not represented - Respondents No. 3 and 4 Civil Appeal No. 28 of 1990. (From the Judgment and Order dated 13th November, 1989 passed by the High Court Division, Dhaka in Civil Revision No. 569 of 198......ying to dispossess him there from. 4. On an application by the plaintiff for temporary injunction filed on 15.9.1985, the learned Subordinate Judge passed an order of status quo with notice to the defendants to show cause. The order of status quo was, however, vacated on 18.2.1987;......3 of 1985 in the First Court of Subordinate Judge, Dhaka which on transfer to the 3rd Court of Subordinate Judge was renumbered as above i.e., Title Suit No. 2 of 1987. It was initially a suit for simple declaration of title to the suit property measuring about .11 decimals in C.S. Plot No. ..Category: Property Law | Date: | Hits: 56
Mosharraf Hossain Vs. Moulana Md. Tofazzal Hossain and others, 2004, 33 CLC (AD)
....Advocate, instructed by Zahirul Islam, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-3. Civil Appeal No. 5.1 of 2003. (From the Judgment and Order dated 16th March, 2002 passed by the High Court Division in Writ Petition No. 3382 of 2000). ......ot yet granted license under Rule 5(4) of Muslim Marriage and Divorce Rules, 1975 (Rules) in favour of the respondent No. 1 till the order dated 6.6.200 was passed and the requirement of issuing of notice to show cause before cancellation of license being applicable only in case of Nikah Registr......from No. 9 Goalerchar Union of Islampur Police Station, District Jamalpur and upon his application, Ministry of Law, Justice and Parliamentary Affairs on 2.11.1999 appointed him as Nikah Registrar for the said Goalerchar Union on temporary basis; four other persons namely Kh. Matiur Rahman, Md. ..Category: Civil Law | Date: | Hits: 133
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....dvocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent No. 1. Civil Appeal No. 7 of 1998. (From the Judgment and Order dated May 8,1997 passed by the High Court Division in Writ Petition No. 1905 of 1990). Judgm......ce the same has been made disregarding the established principle that no court shall interfere with the findings of domestic enquiry unless gross illegality purported to have been committed is noticed and that there is nothing on record to show that any gross illegality has been committ......Court, Dhaka passed in Complaint Case No. 140 of 1984 allowing the same and thereupon setting aside the order of dismissal dated 21.8.1984 and making direction to the appellant (second party before the Labour Court) to reinstate the Respondent No. 2 (first party before the Labour Court..Category: Labour and Industrial Law | Date: | Hits: 79
Rupali Bank Ltd. and others Vs. Shawkat Ara Salauddin and another, 2004, 33 CLC (AD)
....il Appeal No. 97 of 1997) Not Represented - Respondent Nos. 1-5, 12, 13 & 15 (In Civil Appeal No. 97 of 1997). Civil Appeal Nos. 97-98 of 1997. (From the Judgment and Order dated 27 June, 1996 passed by the High Court Division in Writ Petition No. 2465 of 1992). Ju...... in the writ petition on 25.8.92 through its Advocate and got a draft affidavit in opposition ready. The original writ petitioner Md. Salauddin died a few days later but there was no service of notice upon the Rubali Bank for substitution of the heirs of the deceased, writ petition had ......te Md. Salahuddin, son of late Md. Serajuddin, filed the above Writ Petition No. 2465 of 1992 stating inter alia that after his father late Mr. Md. Serajuddin paid Tk. 1,14,966.00, a dead of lease for 99 years was duly executed and registered on 26 of August, 1960 between late Md. Serajuddin an..Category: Property Law | Date: | Hits: 35
Abu Borhan Siddique and another Vs. Mrs. Safiya Asaf Ali and another, 2008, 37 CLC (AD)
....Siddique, Advocate-on-record - For the Respondent No. 1. Not represented - Respondent No. 2. Criminal Petition for Leave to Appeal No. 156 of 2008. (From the Judgment and Order dated 13th March, 2008 passed by the High Court Division in Criminal Miscellaneous Case No. 1905 o......t". The complainant again placed the cheque for encashment on 9.3.2006 and 10.4.2006 and on these occasions the cheque was also returned with the same endorsement. The complainant issued legal notice on 25.4.2006 under registered post and also through courier service which accuseds received ......Sufia Khatun, Advocate-on-record - For the Petitioners. Md. Abu Siddique, Advocate-on-record - For the Respondent No. 1. Not represented - Respondent No. 2. Criminal Petition for Leave to Appeal No. 156 of 2008. (From the Judgment and Order dated 13th March, 2008 pas..Category: Criminal Law | Date: | Hits: 47
Collector of Customs, Customs House, Chittagong and others Vs. Mahfuzul Huq, 2007, 36 CLC (AD)
....l, instructed by Mr. Mvi. Md. Wahidullah, Advocate-on-record - For the Appellants. Not Represented – the Respondent. Civil Appeal No. 287 of 2001. (From the Judgment and Order dated June 24, 1998 passed by the High Court Division in Writ Petition No. 1970 of 1993) Jud......h Court Division in the case of A. Hannan Vs. the Collector of Customs. 11. The facts of the said case was that in the background of shortage of sugar in the country the Government by public notice decided to allow import of sugar under Wage Earner's Scheme. All registered importers having......ssing customs duty and other rates on the imported goods on the basis of SRO dated October 28, 1993 fixing enhanced tariff value subsequent to the opening of the Letter of Credit by the respondent for importing the goods so assessed. 3. Facts stating which the writ petition was filed in ..Category: Fiscal/Taxation Law | Date: | Hits: 74
Vice-Chancellor, University of Dhaka and others Vs. Ahmed Ar Razi and others, 2009, 38 CLC (AD)
..... Shahidul Huq, Advocate-on-Record- For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2101 of 2008 (From the judgment and order dated 31st August, 2008 passed by the High Court Division in Writ Petition No.6871 of 2007) O......t facts as placed before the High Court Division are that the writ petitioner while a student of 3rd year in Department of International Relations of the University of Dhaka, received a show cause notice on 12.6.2007 from the Member Secretary of Fake Student Investigating Committee, Dhaka Univers......he Petitioners. A. M. Amin Uddin, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2101 of 2008 (From the judgment and order dated 31st August, 2008 pass..Category: Civil Law | Date: | Hits: 103
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....Shahidul Huq, Advocate-on-Record- For Respondent No.2. Not represent -Respondent Nos.1, 3. Civil Petition for Leave to Appeal No. 1228 of 2007 (From the judgment and order dated 25.04.2007 passed by the High Court Division in Writ Petition No. 8184 of 2006.) Judg......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ...... Md. Nawab Ali, Advocate-on-Record-For the Petitioners. A.K.M. Shahidul Huq, Advocate-on-Record- For Respondent No.2. Not represent -Respondent Nos.1, 3. Civil Petition for Leave to Appeal No. 1228 of 2007 (From the judgment and order dated 25.04.2007 passed b..Category: Civil Law | Date: | Hits: 106
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....sain, Advocate-on-Record-For Respondents Nos. 1-3. Not represented- Respondent Nos. 4-14. Civil Petition for Leave to Appeal No.1751 of 2007. (From the judgment and decree dated the 6th day of September, 2007 passed by the High Court Division in Appeal from Original Dec...... daily news paper on 20.06.1992 vide Tender No. 02 of 1992 and in the said tender the "Kha" schedule property had been included in item No.6 and after publication of the said tender notice the plaintiff had submitted a tender on 20.07.1992 amounting to Tk. 6, 02, 51,000.00 an......Petitioner. T.H. Khan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondents Nos. 1-3. Not represented- Respondent Nos. 4-14. Civil Petition for Leave to Appeal No.1751 of 2007. (From the judgment and decree dated the 6th day of Sep..Category: Property Law | Date: | Hits: 42
Director General, BARI & Ors. Vs. Kazi Md. Sadequl Islam and others, 2009, 38 CLC (AD)
..... Sufia Khatun, Advocate-on-record - For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 272 of 2009. (From the judgment and order dated 20th April, 2008 passed by the High Court Division in Writ Petition No. 5063 of 2005) ......ndents are at liberty to mention the same for early hearing the appeal. Ed. This Case is also Reported in: ......ioners. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-record - For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 272 of 2009. (From the judgment and order dated 20th April, 2008 passe..Category: Employment/Service Law | Date: | Hits: 89
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
....enior Advocate (Syed Amirul Islam, Senior Advocate with him) instructed by Muhammad Nawab Ali, Advocate-on-Record - For the Respondents. Civil Appeal No. 92 of 2004 (From the judgment and order dated 30th October, 2002 passed in Civil Petition for Leave to Appeal No. 2164 of 2001) Judgment ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ...... with him) instructed by Muhammad Nawab Ali, Advocate-on-Record - For the Respondents. Civil Appeal No. 92 of 2004 (From the judgment and order dated 30th October, 2002 passed in Civil Petition for Leave to Appeal No. 2164 of 2001) Judgment MM Ruhul Amin CJ.- This appeal, by leave, is di..Category: Limitation Law | Date: | Hits: 241
Government of Bangladesh Vs. Sabera Aman and others, 2008, 37 CLC (AD)
..... Md. Aftab Hossain, Advocate-on-Record - For the Respondent No.1. Not represented - Respondent Nos. 2-4. Civil Appeal No. 36 of 2008 with Criminal Petition No. 146 of 2008. (From the Order dated 9th December, 2007 passed by the High Court Division in Writ Petition No. 9600 of 2007) Jud......17. In the background of the aforesaid submission of the learned Additional Attorney General there was no necessity of proceeding with the appeal and accordingly the same is dismissed. 18. It was noticed that the writ petition was filed having had not the desired result i.e. bail, in the crimina...... 146 of 2008. (From the Order dated 9th December, 2007 passed by the High Court Division in Writ Petition No. 9600 of 2007) Judgment Md. Ruhul Amin CJ.- This Appeal and the Criminal Petition for Leave to Appeal were heard together since the respondent No.1 in Civil Appeal No. 36 of 2008 and..Category: Criminal Law | Date: | Hits: 51
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....ecord- For the appellant. M. Khaled Ahmed, Advocate-on-Record- For the Respondent No.3. Not represented- Respondent Nos.1, 2 & 4. Civil Appeal No. 4 of 2000. (From the Judgment and Order dated 6th July, 1999 passed by the High Court Division in Writ Petition No. 1526 of 1999) Judgmen......h some directions. 8. The High Court Division by the impugned order refused to interfere with the order dated 10.3.1999 passed by the Executing Court on the ground that the Court can suo motu take notice of gross irregularities in auction sale and from the facts as stated in the application under......tion Case No. 52 of 1994 setting aside the auction held on 6th October, 1998. 3. The writ respondent No.3, i.e. Janata Bank, Chowmohani Branch, Chowmohani, Noakhali as plaintiff obtained a decree for recovery of Tk. 19,80,076.88 in Mortgage Suit No. 52 of 1992. Lands and buildings including mach..Category: Civil Law | Date: | Hits: 92
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
.... Md. Joynul Abedin J.- This petition for leave to appeal by the plaintiff is directed against the judgment and order dated 27.2.2007 passed by a Single Bench of the High Court Division in Civil Revision No. 4266 of 2......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......spondent Judgment July 27, 2007. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-Record-For the Petitioner. Not represented- the Respondent Civil Petition for Leave to Appeal No. 498 of 2004. Judgment &nb..Category: Property Law | Date: | Hits: 36
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